Bill Text: MI HB4359 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Administrative procedure; guidelines; nonrule regulatory actions; clarify status and provide an index and public access to documents. Amends 1969 PA 306 (MCL 24.201 - 24.328) by adding secs. 9 & 10.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-24 - Printed Bill Filed 03/20/2015 [HB4359 Detail]

Download: Michigan-2015-HB4359-Introduced.html

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HOUSE BILL No. 4359

 

March 19, 2015, Introduced by Rep. Goike and referred to the Committee on Oversight and Ethics.

 

     A bill to amend 1969 PA 306, entitled

 

"Administrative procedures act of 1969,"

 

(MCL 24.201 to 24.328) by adding sections 9 and 10.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 9. (1) An agency shall place a statement as provided in

 

subsection (2) on all of the following that are adopted by the

 

agency:

 

     (a) Guidelines.

 

     (b) Forms with instructions.

 

     (c) Interpretive statements.

 

     (d) Informational pamphlets.

 

     (e) Intergovernmental, interagency, or intra-agency memoranda,

 

directives, or communications.

 

     (f) Operational memoranda.

 

     (g) Bulletins.

 

     (h) Directional or instructional documents that are sent or

 

distributed outside of the agency.

 

     (2) The statement required under subsection (1) is "This

 

(insert the type of document) does not have the force and effect of

 

law and is not binding on a non-governmental individual or

 

organization.".

 

     (3) A statement under this section must be clearly legible on

 

a printed version of the document or on a webpage on which an

 

electronic version of the document is viewable.

 

     Sec. 10. (1) An agency shall create and maintain an index of

 

all of the following that the agency has adopted that are currently

 

in effect:

 

     (a) Guidelines.

 

     (b) Forms with instructions.

 

     (c) Interpretive statements.

 

     (d) Informational pamphlets.

 

     (e) Intergovernmental, interagency, or intra-agency memoranda,

 

directives, or communications.

 

     (f) Operational memoranda.

 

     (g) Bulletins.

 

     (h) Directional or instructional documents that are sent or

 

distributed outside of the agency.

 

     (2) An agency shall make the index maintained under subsection

 

(1) available to the public by doing both of the following:

 

     (a) Posting the index on the agency's publicly available

 

website.

 

     (b) Providing a written copy of the index to anyone who

 

requests a copy.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.