Bill Text: MI HB5672 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Administrative procedure; rules; power of legislature and joint committee on administrative rules to delay implementation; expand. Amends sec. 45a of 1969 PA 306 (MCL 24.245a).
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2016-05-24 - Bill Electronically Reproduced 05/19/2016 [HB5672 Detail]
Download: Michigan-2015-HB5672-Introduced.html
HOUSE BILL No. 5672
May 19, 2016, Introduced by Reps. Hughes, Goike, Victory, Lauwers, Barrett and Cole and referred to the Committee on Oversight and Ethics.
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending section 45a (MCL 24.245a), as amended by 2011 PA 245.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 45a. (1) Except as otherwise provided in subsections (7)
to (9), after the committee has received the notice of transmittal
specified in section 45(2), the committee has 15 session days in
which
to consider the rule and to object to the rule by filing
approving
a notice of objection approved by a
concurrent majority
of
the committee members or and
filing the notice as provided in
subsection (3). Alternatively, the committee may, by concurrent
majority, waive the remaining session days. If the committee waives
the remaining session days, the clerk of the committee shall
promptly notify the office of regulatory reinvention of the waiver
by
electronic transmission. The To
approve a notice of objection, a
concurrent
majority of the committee may only
approve a notice of
objection
if the committee must affirmatively determines by a
concurrent
majority determine that 1 or more of the following
conditions exist:
(a) The agency lacks statutory authority for the rule.
(b) The agency is exceeding the statutory scope of its rule-
making authority.
(c) There exists an emergency relating to the public health,
safety, and welfare that would warrant disapproval of the rule.
(d) The rule conflicts with state law.
(e) A substantial change in circumstances has occurred since
enactment
of the law upon on which the proposed rule is based.
(f) The rule is arbitrary or capricious.
(g) The rule is unduly burdensome to the public or to a
licensee
licensed by under the rule.
(2)
If the committee does not file approve
a notice of
objection under subsection (1) and file the notice as provided in
subsection
(3) within the time period
prescribed in subsection (1)
or
if the committee waives the remaining session days by concurrent
majority,
under subsection (1), the office of regulatory
reinvention may immediately file the rule, with the certificate of
approval required under section 45(1), with the secretary of state.
The
rule takes effect immediately upon its filing on being filed
with
the secretary of state unless a later date is indicated within
in the rule.
(3) If the committee files with the office of regulatory
reinvention
a notice of objection within the time
period prescribed
in subsection (1), the committee chair, the alternate chair, or any
member of the committee shall cause bills to be introduced in both
houses of the legislature, simultaneously to the extent
practicable. Each house shall place the bill or bills directly on
its
calendar. The bills shall must
contain 1 or more both of
the
following:
(a) A rescission of a rule upon its effective date.
(b) A repeal of the statutory provision under which the rule
was authorized.
(c)
A bill staying the effective date of the proposed rule for
up
to 1 year.
(4)
The notice of objection filed under subsection (3) stays
the
ability of the office of regulatory
reinvention to shall not
file
the rule with the secretary of state a rule as to which a
notice
of objection has been filed under subsection (3) until the
earlier
after whichever of the following applies:
(a)
Fifteen Unless subdivision
(b), (c), or (d) applies, 30
session
days after the date the notice of objection is filed. under
subsection
(3).
(b)
The date of the a rescission of the issuance of the notice
of
objection , approved by a concurrent majority of the committee
members.
The as provided in this subdivision.
Unless a concurrent
majority of the committee has voted in favor of an extended stay
under subdivision (c) or both houses of the legislature have stayed
the effective date of the rule under subdivision (d), the committee
may
meet to rescind the issuance of the a notice
of objection.
under
this subdivision. If the committee
rescinds the issuance of a
notice
of objection, under this subdivision, the clerk of the
committee shall promptly notify the office of regulatory
reinvention
by electronic transmission of the recission.rescission.
(c) If a concurrent majority of the committee votes in favor,
1 year after the date the notice of objection is filed.
(d) If a majority of members elected and serving in both
houses of the legislature approve a resolution staying the
effective date of the rule under this subdivision, 2 years after
the date the resolution is approved.
(5)
If the legislation introduced under subsection (3) is
defeated in either house and if the vote by which the legislation
failed to pass is not reconsidered in compliance with the rules of
that house, or if legislation introduced under subsection (3) is
not
adopted by both houses within the time applicable period
specified in subsection (4), the office of regulatory reinvention
may file the rule with the secretary of state. The rule takes
effect
immediately upon its filing on
being filed with the
secretary
of state unless a later date is specified within in the
rule.
(6)
If the legislation introduced under subsection (3) is
enacted by the legislature and presented to the governor within the
15-session-day
applicable period
under subsection (4), the rule
does not take effect unless the legislation is vetoed by the
governor as provided by law. If the governor vetoes the
legislation, the office of regulatory reinvention may file the rule
with the secretary of state immediately. The rule takes effect 7
days
after the date of its filing it
is filed with the secretary of
state
unless a later effective date is indicated within in the
rule.
(7) An agency may withdraw a proposed rule under the following
conditions:
(a) With permission of the committee chair and alternate
chair, the agency may withdraw the rule and resubmit it. If
permission
to withdraw is granted, the 15-session-day time period
described in subsection (1) is tolled until the rule is
resubmitted. ,
except that However, the committee shall must have
at least 6 session days after resubmission to consider the
resubmitted rule, and if necessary, the period under subsection (1)
is extended accordingly.
(b) Without permission of the committee chair and alternate
chair, the agency may withdraw the rule and resubmit it. If
permission to withdraw is not granted, a new and untolled 15-
session-day
time period described in subsection (1) shall begin
upon
begins on resubmission of the rule to the committee for
consideration.
(8) Subsections (1) to (5) do not apply to rules adopted under
sections 33, 44, and 48.
(9) An agency shall withdraw any rule pending before the
committee at the final adjournment of a regular session held in an
even-numbered
year and resubmit that the
rule. A new and untolled
15-session-day
time period described in subsection (1) shall begin
upon
begins on resubmission of the rule to the committee for
consideration.
(10) As used in this section only, "session day" means a day
in which both the house of representatives and the senate convene
in session and a quorum is recorded.
Enacting section 1. This amendatory act takes effect January
1, 2017.
