Opinion

Chrisdiana v. Department of Community Health

  • 278 Mich. App. 685
  • 754 N.W.2d 533
Court
Michigan Court of Appeals
Filed
Apr 29, 2008
Status
Published
Author
Whitbeck
On the bench
Whitbeck, Jansen, Davis
Cited by
2 cases
Authority
More cited than 12.9%

The opinion

WHITBECK, P.J.

(concurring). While I agree with the majority’s conclusion that the “for employment purposes” residency requirement of defendant state agencies is consistent and compatible with the intent of the pertinent state and federal legislation, I would reach this determination by relying on the plain language of the legislation alone rather than resorting to examination of the legislative history, particularly bill analyses.

“The problem with relying on bill analyses is that they do not necessarily represent the views of even a single legislator. Rather, they are prepared by House and Senate staff. Indeed, the analyses themselves note that they do not constitute an official statement of legislative intent.”[ 1 ]

Therefore, bill analyses “are of ‘considerably diminished quality,’ and thus ‘are entitled to little judicial consideration in resolving ambiguous statutory provisions . . . .’ ” 2

*702 I agree with the remainder of the majority’s conclusions regarding the issues presented.

Lansing Mayor v Pub Service Comm, 470 Mich 154 , 170 n 8; 680 NW2d 840 (2004), quoting Frank W Lynch & Co v Flex Technologies, Inc, 463 Mich 578 , 588 n 7; 624 NW2d 180 (2001).

Id. at 169-170, quoting In re Certified Question (Kenneth Henes v Continental Biomass Industries, Inc), 468 Mich 109 , 115 n 5; 659 NW2d 597 (2003).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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