Recently Enacted Laws
 
Self-Defense Legislation heads to Governor's Desk
 
A package of self-defense bills recently signed by the Governor allows Michigan residents to use deadly force as a method of self-defense. The legislation allows citizens to use deadly force anywhere he or she has the legal right to be if the person believes that the use of deadly force is necessary to prevent death, great bodily harm, or sexual assault, with no duty that they first attempt to flee. The bills eliminate the current legal requirement that people being attacked must retreat in some limited circumstances before using deadly force. The bills also give civil and criminal immunity to people who use deadly force in self-defense, which will protect a person from being sued by their attacker. The new legislation will take effect October 1, 2006.
 
Alternative Fuel Legislation
 
The Governor recently signed a legislation package relating to alternative fuels in Michigan. Under the signed legislation, alternative fuels in Michigan will temporarily be taxed 7 cents cheaper than regular fuel. The State will supply alternative fuels at all state motor transport facilities so that state-owned vehicles capable of using the fuels will have access, and all facilities selling alternative fuels will also have to register with the state.
 
The legislation also creates a commission that will investigate and recommend strategies that can be applied to promote the use of alternative fuels and encourage the use of vehicles that use alternative fuels. The state will also provide matching grant programs to encourage service stations and bulk fuel plants to stock and sell alternative fuels.
Local Government Input into School Construction
 
Under State law, school officials do not have to abide by local land use plans. As a result, when they undertake school construction programs, they sometimes make decisions without considering the local government=s plan for growth and development. This often results in cities being hurt because school districts are choosing to build bigger new schools farther out of town rather than renovate existing structures. According to a 2004 report by the Michigan Land Use Institute, since 1996, Michigan school districts built at least 500 new schools and closed 278 older schools, even though the school-age population only increased by 4.5%.
 
In order to broaden the public's involvement in school construction decisions, legislation was enacted that requires the governing board of a public school to submit a site plan to the local zoning authority for its review, before building or expanding a high school building outside of a city or village. The local zoning authority must respond in writing within 60 days, either agreeing with the plan or suggesting changes. If there are suggested changes, the school board must submit a revised site plan incorporating the changes or an explanation of why the changes are not being made. The Act does not require a school board to make any changes in its plan, but simply requires interaction and communication between the school board and the local zoning authority.

Act Reduces Hunting Age
 
Although hunting has traditionally been a prominent sport in Michigan, over the years it has lost popularity. In an effort to attract more people to the sport of hunting, legislation has been enacted that will allow younger and less experienced individuals to obtain hunting licenses.
The legislation lowers the minimum age for a hunting license from 12 to 10 years old. For a license to hunt deer, bear or elk with a firearm, the Act also lowers the minimum age from 14 to 12 years old. However, the law provides that a child under 14 years old that is licensed to hunt with a firearm can only hunt on private property with a parent, guardian, or authorized person who is at least 18 years old.
 
The legislation also provides that a person who cannot obtain a regular hunting license because of a lack of previous hunting experience can now obtain an "apprentice license." This allows inexperienced hunters to hunt if accompanied by an experienced hunter who is at least 21 years old and possesses a license.
 
Student Athletes and Steroid Use
 
In response to the increased use of steroids and other performance-enhancing drugs by student athletes, the Governor recently signed legislation relating to the possession and use of steroids in and around schools. The bill requires school districts to develop policies that indicate the use of performance-enhancing drugs will affect a student's eligibility to participate in school athletics.
The measure also amends drug free school and park zones to include a ban on the possession of anabolic steroids. The amended law prohibits a person 18 years of age or older from possessing certain controlled substances, including anabolic steroids, within 1,000 feet of school property or public or private park. "School property" is defined as a building, playing field, or property used for school purposes and includes a public, private, or religious school. Possession of a steroid within 1,000 feet of a school or park is punishable by imprisonment for up to two years and/or a fine of $2,000.
 
Legislation to Watch
 
"Good Builders" Legislation
 
The senate recently passed legislation that would protect consumers from unlicensed builders. Known as the "Good Builders" package, it will provide several ways to strengthen the residential building industry while giving consumers greater confidence and security in who they hire. The bills give the state the authority to go after unlicensed builders and creates a fund for their prosecution. Builders convicted under the legislation could face up to a year in jail and $25,000 in fines. The bill now moves onto the House for approval.