MISC. REPEALERS - S.B. 1019, 1025, 1056 & 1057: ENROLLED ANALYSIS
Senates Bill 1019 and 1025 (as enrolled) - PUBLIC ACTS 322 & 323 of 2002
Senate Bills 1056 and 1057 (as enrolled) - PUBLIC ACTS 426 & 253 of 2002
Sponsor: Senator Thaddeus G. McCotter
Senate Committee: Government Operations
House Committee: Commerce
Date Completed: 9-9-02
RATIONALE
The Senate Law Revision Task Force was established in June 1999 and asked to review existing State statutes and recommend the repeal or amendment of those laws that were found to be arcane and/or irrelevant to present-day life in Michigan. To identify such laws, the Task Force sought the input of the public, the law enforcement community, and various legal associations and entities, including the Michigan Law Revision Commission, the State Bar of Michigan, legislators, judges, and prosecutors. After review, the Task Force issued a report in December 1999, recommending that various laws or sections of laws be repealed, eliminated, or modified.
CONTENT
The bills repealed various acts or deleted parts of acts, as described below.
Senate Bill 1019 amended Public Act 213 of 1962 (which governs the raising of started pullets) to repeal a section that authorized the Director of the Michigan Department of Agriculture to promulgate rules and regulations setting forth the sanitary conditions and other disease control requirements under which certified started pullets had to be grown and handled; and required the Director to establish fees, including 20% above actual costs, necessary to carry out the Act.
Senate Bill 1025 repealed Public Act 165 of 1865, which required banks and bankers to stamp the word "counterfeit", "altered", or "worthless" on any bank bill that was counterfeit, altered, or worthless.
Senate Bill 1056 repealed Public Act 191 of 1955, which authorized negotiations for a bridge across the Menominee River between Menominee, Michigan, and Marinette, Wisconsin.
Senate Bill 1057 repealed Section 2 of Public Act 12 of 1925, which provides for the widening and alteration of State trunkline highways. Section 2 required the State Highway Commissioner to prepare detailed maps showing proposed highway improvements and submit the maps to the State Administrative Board for approval.
MCL 287.174 (S.B. 1019)
487.651 & 487.652 (S.B. 1025)
254.131 (S.B. 1056)
250.112 (S.B. 1057)
ARGUMENTS
(Please note: The arguments contained in this analysis originate from sources outside the Senate Fiscal Agency. The Senate Fiscal Agency neither supports nor opposes legislation.)
Supporting Argument
The bills implement several recommendations of the Law Revision Task Force. According to its report, Michigan residents must be free from the threat of the State's arbitrarily enforcing laws that are arcane or irrelevant to modern life; residents must not be required to be aware of and abide by laws that no reasonable person can know exist; and government resources should not be used to perpetuate and/or impose arcane or irrelevant laws upon the citizens. For example, Public Act 165 of 1865, repealed by Senate Bill 1025, was arcane and irrelevant for many years. The Act served a purpose over a century ago when uniform currency was not available from the Federal government and, consequently, banks printed and issued their own bank notes. More recently, Public Act 191 of 1955 served one purpose, to authorize the negotiation of a bridge, which has since been built. In the case of Senate Bill 1019, which amended the started pullet law, the Department of Agriculture contended that the rule-making authority granted under the Act was unnecessary. Finally, Senate Bill 1057 repealed a section of Public Act 12 of 1925 that is now governed by Public Act 51 of 1951. The bills clear some of the arcane or unnecessary laws from the books.
- Legislative Analyst: Claire Layman
FISCAL IMPACT
The bills will have no fiscal impact on State or local government.
- Fiscal Analyst: Bill Bowerman
- Craig ThielA0102\s1019ea
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.