SENATE BILL NO. 474

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 2113 (MCL 600.2113) and by adding section 2113a.

the people of the state of michigan enact:

Sec. 2113. The Subject to section 2113a, a printed copies copy of the constitution , laws and resolutions or a law or resolution of this state, whether of a public or private nature, which shall be that is published under the authority of the government, shall must be admitted as sufficient evidence thereof of the constitution, law, or resolution in all courts, and in all proceedings within in this state.

Sec. 2113a. (1) In an action challenging the enactment of a statute for failure to follow a procedural requirement of the state constitution, there is a rebuttable presumption that the enactment complied with the requirement. The presumption may be overcome only by clear, satisfactory, and convincing evidence.

(2) In determining whether a presumption has been rebutted under subsection (1), the court may consider evidence extrinsic to the enrolled bill and to entries in the journals of the legislature if the court determines that the evidence is otherwise admissible under the rules of evidence.

(3) In applying a determination under this section that a procedural requirement of the state constitution was not followed in enacting a statute, the court shall apply the rule of severability contained in section 5 of 1846 RS 1, MCL 8.5, including, for example, by severing a provision regarding the effective date of the statute from the substantive provisions of the statute.