HB-6553, As Passed Senate, December 20, 2018

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 6553

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1846 RS 2, entitled

 

"Of the legislature,"

 

(MCL 4.82 to 4.85) by adding section 3a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3a. (1) The legislature and each house of the legislature

 

is hereby authorized and empowered to intervene in any action

 

commenced in any court of this state whenever the legislature or a

 

house of the legislature deems such intervention necessary in order

 

to protect any right or interest of that body because a party to

 

that action challenges the constitutionality of a state statute, or

 

the validity of legislation or any action of the legislature. Such

 

right of intervention shall exist at any stage of the proceeding,

 

and the legislature and each house of the legislature shall have

 

the same right to prosecute an appeal, or to apply for a re-hearing

 

or to take any other action or step whatsoever that is had or

 

possessed by any of the parties to such litigation.

 

     (2) The right of intervention granted under this section

 

applies to all matters pending in any court of this state as of the

 

effective date of the amendatory act that added this section or

 

later filed in any court in this state.

 

     (3) This section is self-executing but each house of the

 

legislature may adopt rules or policies to facilitate operation of

 

this section.

 

     (4) This section does not limit any right or duty of the

 

attorney general provided by law.

 

     (5) Intervention under this section is not a waiver of

 

legislative immunity.