CIVIL IMMUNITY TO LEGISLATORS UNDER APA

Senate Bill 273 as introduced

Sponsor:  Sen. Dave Robertson                                           (Enacted as Public Act 244 of 2011)

House Committee:  Regulatory Reform

Senate Committee:  Economic Development

Complete to 11-1-11

A SUMMARY OF SENATE BILL 273 AS PASSED BY THE SENATE 5-5-11

The bill would amend Public Act 27 of 1984, which provides civil immunity to members of the Legislature for acts done pursuant to their duty as legislators, to revise a provision pertaining to a contested case under the Administrative Procedures Act (APA).

Under the act, a legislator may not be made a party in a contested case under Section 3(3) of the APA, or any other administrative proceeding, for any act done "pursuant to" his or her duty as a legislator.  Under Senate Bill 273, a member of the Legislature could not be made a party to a contested case under Section 3, or any other administrative proceeding for any act committed by the legislator "while performing" his or her duty as a legislator.  The underlined language reflects the changes made by the bill. 

MCL 4.552

FISCAL IMPACT:

The bill would have no fiscal impact on state government or on local units of government.

                                                                                        Legislative Analyst:   Jeff Stoutenburg

                                                                                                Fiscal Analyst:   Robin Risko

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.