Michigan: Statutes and Cases

[updated May 22, 2009]

Bills

HB 6394
House Bill 6394 was introduced September 3, 2008, by Reps. Kevin Elsenheimer and Howard Walker, following a land development battle in Acme, MI, that escalated as proponents and opponents of the proposal sued and countersued; some of the plaintiff's claims were based on actions related to the defendant's government job duties. The bill provides for recovery of damages by a defendant in a civil action arising from the defendant's communication with a local unit of government, a public official, or other person, if the communication was in furtherance of the defendant's constitutional right to petition and otherwise participate in the process of government or, if applicable, in furtherance of the exercise of his or her powers or duties as a public official; the communication was intended to influence governmental or electoral action; and the court finds by a preponderance of the evidence that the civil action was initiated with the primary purpose of harassing or intimidating the defendant or otherwise hindering the defendant's participation in the process of government. The bill was referred to the Committee on Intergovernmental, Urban and Regional Affairs and was never voted on.

SB 1195
Senate Bill 1195 was introduced May 13, 2004, by Sen. Liz Brater, who had introduced the first anti-SLAPP bill as a member of the House. The bill was referred to the Committee on the Judiciary and was never voted on.

HB 4709
HB 4709 was introduced April 29, 1997 in the 1997-1998 session of the Michigan legislature by Rep. Liz Brater. The bill was referred to the Consumer Protection Committee, where a substitute bill was fashioned and reported out on June 18 with the recommendation that the bill be referred to the Judiciary Committee. The chair of the Judiciary Committee never took up the bill.

Two different approaches to anti-SLAPP legislation were introduced in the legislature in 2002. House Bill 5592 was one approach, while a series of related bills represented another: HB 5593, HB 5594, HB 5595, HB 5596, HB 5597.


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