Bill Text: MI SB0278 | 2011-2012 | 96th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Administrative procedure; rules; review of existing and new rules; provide for on a periodic basis. Amends sec. 53 of 1969 PA 306 (MCL 24.253).

Spectrum: Strong Partisan Bill (Republican 19-1)

Status: (Engrossed - Dead) 2011-05-05 - Referred To Committee On Regulatory Reform [SB0278 Detail]

Download: Michigan-2011-SB0278-Introduced.html

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SENATE BILL No. 278

 

 

March 17, 2011, Introduced by Senators HANSEN, KOWALL, KAHN and SCHUITMAKER and referred to the Committee on Economic Development.

 

 

 

     A bill to amend 1969 PA 306, entitled

 

"Administrative procedures act of 1969,"

 

by amending section 53 (MCL 24.253), as amended by 2004 PA 23.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 53. (1) Each agency shall prepare an annual regulatory

 

plan that reviews the agency's rules. The annual regulatory plan

 

shall be electronically transmitted to the state office of

 

regulatory reform administrative hearings and rules.

 

     (2) In completing the annual regulatory plan required by this

 

section, the agency shall identify the rules the agency expects to

 

review under subsection (4) in the next year, the rules it

 

reasonably expects to process in the next year, the mandatory

 

statutory rule authority it has not exercised, and the rules it

 

expects to rescind in the next year.

 

     (3) The annual regulatory plans completed pursuant to this

 

section are advisory only and do not otherwise bind the agency or

 

in any way prevent additional action.

 

     (4) Within 5 years after the effective date of any new rules

 

promulgated by an agency after the effective date of the amendatory

 

act that added this subsection or 3 years after the effective date

 

of the amendatory act that added this subsection for rules in

 

effect on the effective date of the amendatory act that added this

 

subsection, an agency and the appropriate standing committees of

 

the senate and the house of representatives having jurisdiction

 

over the subject matter shall review each set of rules over a 6-

 

year period to determine whether there is any increased impact on

 

businesses, including small businesses, since the effective date of

 

those rules. Before any review under this subsection, an agency and

 

the appropriate standing committees of the senate and the house of

 

representatives having jurisdiction over the subject matter shall

 

adopt a review plan that prioritizes the review of the rules over

 

that 6-year period. First priority shall be given to those rules

 

that directly affect the greatest number of businesses, groups, and

 

individuals and those rules that have the greatest actual statewide

 

compliance costs for businesses, groups, and individuals. After the

 

first review under this subsection of new or existing rules, the

 

agency and the appropriate standing committees of the senate and

 

the house of representatives having jurisdiction over the subject

 

matter shall review rules on the 7-year anniversary of the initial

 

review and every 7 years thereafter. A review of rules under this

 

subsection shall state the following:

 

     (a) The continued need for the rules.

 

     (b) The nature of any complaints or comments received from the

 

public concerning the rules.

 

     (c) The complexity of complying with the rules.

 

     (d) The extent to which the rules conflict with or duplicate

 

similar rules or regulations adopted by the federal government or

 

local units of government.

 

     (e) The date of the last evaluation of the rules and the

 

degree, if any, to which technology, economic conditions, or other

 

factors have changed regulatory activity covered by the rules.

 

     (5) (4) Annual regulatory plans completed under subsection (1)

 

shall be electronically filed with the state office of regulatory

 

reform administrative hearings and rules by July 1 of each year.

 

After the state office of regulatory reform administrative hearings

 

and rules approves the plan for review, the state office of

 

regulatory reform administrative hearings and rules shall

 

electronically provide a copy of the plan of review to the

 

committee. The committee shall electronically provide a copy of

 

each agency plan of review, not later than the next business day

 

after receipt of the plan of review from the state office of

 

regulatory reform administrative hearings and rules, to members of

 

the committee and to members of the standing committees of the

 

senate and house of representatives that deal with the subject

 

matter of rules the agency may propose.