Bill Text: MI SB0496 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Administrative procedure; rules; delegation of legislative authority that violates constitutional prohibition against unfunded mandates; nullify under certain circumstances. Amends secs. 3, 5, 7a, 40, 44, 45, 45a & 45b of 1969 PA 306 (MCL 24.203 et seq.) & adds sec. 9. TIE BAR WITH: SB 0495'13

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2014-09-30 - Referred To Committee Of The Whole With Substitute S-2 [SB0496 Detail]

Download: Michigan-2013-SB0496-Introduced.html

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SENATE BILL No. 496

 

 

September 17, 2013, Introduced by Senators JANSEN, PAPPAGEORGE, GREEN, PROOS, COLBECK, MARLEAU and EMMONS and referred to the Committee on Local Government and Elections.

 

 

 

     A bill to amend 1969 PA 306, entitled

 

"Administrative procedures act of 1969,"

 

by amending sections 3, 5, 7a, 40, 44, 45, 45a, and 45b (MCL

 

24.203, 24.205, 24.207a, 24.240, 24.244, 24.245, 24.245a, and

 

24.245b), section 3 as amended by 2011 PA 239, section 5 as amended

 

by 2006 PA 460, section 7a as amended by 1999 PA 262, section 40 as

 

amended by 2011 PA 243, section 44 as amended by 2004 PA 23,

 

section 45 as amended by 2011 PA 242, section 45a as amended by

 

2011 PA 245, and section 45b as added by 2011 PA 247, and by adding

 

section 9.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. (1) "Activity" means that term as defined in section 2

 

of the Paul Harvey transparency act.

 

     (2) (1) "Adoption of a rule" means that step in the processing

 

of a rule consisting of the formal action of an agency establishing

 

a the rule before its promulgation.

 

     (3) (2) "Agency" means a state department, bureau, division,

 

section, board, commission, trustee, authority, or officer, created

 

by the constitution, statute, or agency action. Agency does not

 

include an agency in the legislative or judicial branch of state

 

government, the governor, an agency having direct governing control

 

over an institution of higher education, the state civil service

 

commission, or an association of insurers created under the

 

insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302, or

 

other association or facility formed under that act as a nonprofit

 

organization of insurer members.

 

     (4) (3) "Contested case" means a proceeding, including rate-

 

making, price-fixing, and licensing, in which a determination of

 

the legal rights, duties, or privileges of a named party is

 

required by law to be made by an agency after an opportunity for an

 

evidentiary hearing. When a hearing is held before an agency and an

 

appeal from its decision is taken to another agency, the hearing

 

and the appeal are considered a continuous proceeding as though

 

before a single agency.

 

     (5) (4) "Committee" means the joint committee on

 

administrative rules.

 

     (6) (5) "Court" means the circuit court.

 

     (7) (6) "Decision record" means, in regard to a request for

 

rule-making where an agency receives recommendations or comments by

 

an advisory committee or other advisory entity created by statute,

 

both of the following:

 

     (a) The minutes of all meetings related to the request for

 

rule-making.

 

     (b) The votes of members.

 

     (8) "Existing law" means that term as defined in section 3 of

 

the Paul Harvey transparency act.

 

     (9) (7) "Guideline" means an agency statement or declaration

 

of policy that the agency intends to follow, that does not have the

 

force or effect of law, and that binds the agency but does not bind

 

any other person.

 

     Sec. 5. (1) "License" includes the whole or part of an agency

 

permit, certificate, approval, registration, charter, or similar

 

form of permission required by law, but does not include a license

 

required solely for revenue purposes, or a license or registration

 

issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to

 

257.923.

 

     (2) "Licensing" includes agency activity involving the grant,

 

denial, renewal, suspension, revocation, annulment, withdrawal,

 

recall, cancellation, or amendment of a license.

 

     (3) "Local unit of government" means that term as defined in

 

section 3 of the Paul Harvey transparency act.

 

     (4) (3) "Michigan register" means the publication described in

 

section 8.

 

     (5) "New activity or service or increase in the level of an

 

existing activity or service" means that term as defined in section

 

3 of the Paul Harvey transparency act.

 

     (6) (4) "Notice" means a written or electronic record that

 

informs a person of past or future action of the person generating

 

the record.

 

     (7) (5) "Notice of objection" means the record adopted by the

 

committee that indicates the committee's formal objection to a

 

proposed rule.

 

     (8) (6) "Party" means a person or agency named, admitted, or

 

properly seeking and entitled of right to be admitted, as a party

 

in a contested case. In a contested case regarding an application

 

for a license, party includes the applicant for that license.

 

     (9) (7) "Person" means an individual, partnership,

 

association, corporation, limited liability company, limited

 

liability partnership, governmental subdivision, or public or

 

private organization of any kind other than the agency engaged in

 

the particular processing of a rule, declaratory ruling, or

 

contested case.

 

     (10) (8) "Processing of a rule" means the action required or

 

authorized by this act regarding a rule that is to be promulgated,

 

including the rule's adoption , and ending with the rule's

 

promulgation.

 

     (11) (9) "Promulgation of a rule" means that step in the

 

processing of a rule consisting of the filing of a the rule with

 

the secretary of state.

 

     (12) (10) "Record" means information that is inscribed on a

 

paper or electronic medium.

 

     Sec. 7a. (1) "Service" means that term as defined in section 4

 

of the Paul Harvey transparency act.

 

     (2) "Small business" means a business concern incorporated or

 

doing business in this state, including the affiliates of the

 

business concern, which that is independently owned and operated

 

and which that employs fewer than 250 full-time employees or which

 

that has gross annual sales of less than $6,000,000.00.

 

     (3) "State requirement" means that term as defined in section

 

4 of the Paul Harvey transparency act.

 

     Sec. 9. To comply with section 29 of article IX of the state

 

constitution of 1963 and notwithstanding anything in this act or

 

other law to the contrary, the following apply:

 

     (a) A new activity or service or an increase in the level of

 

an activity or service beyond that required by existing law shall

 

not be required of a local unit of government by a state agency

 

rule, regulation, bulletin, or directive unless an appropriation

 

has been made by the legislature and a disbursement system has been

 

established to pay the affected local units of government for any

 

necessary increased costs of the state requirement.

 

     (b) An enforcement process or proceeding shall not be

 

initiated against a local unit of government and a sanction or

 

penalty of any sort, administrative, civil, or criminal, shall not

 

be imposed by a state agency on a local unit of government or its

 

administrators or other staff for noncompliance with the

 

requirements of a state agency rule, regulation, bulletin, or

 

directive unless a disbursement system has been established and an

 

appropriation has been made by the legislature to pay the affected

 

local units of government for any necessary increased costs of the

 

state requirements.

 

     Sec. 40. (1) When If an agency proposes to adopt the adoption

 

of a rule that will apply to a small business and the rule will

 

have a disproportionate impact on small businesses because of the

 

size of those businesses, the agency shall consider exempting small

 

businesses and, if not exempted, the agency proposing to adopt the

 

rule shall reduce the economic impact of the rule on small

 

businesses by doing all of the following when if it is lawful and

 

feasible in meeting the objectives of the act authorizing the

 

promulgation of the rule:

 

     (a) Identify and estimate the number of small businesses

 

affected by the proposed rule and its probable effect on small

 

businesses.

 

     (b) Establish differing compliance or reporting requirements

 

or timetables for small businesses under the rule after projecting

 

the required reporting, record-keeping, and other administrative

 

costs.

 

     (c) Consolidate, simplify, or eliminate the compliance and

 

reporting requirements for small businesses under the rule and

 

identify the skills necessary to comply with the reporting

 

requirements.

 

     (d) Establish performance standards to replace design or

 

operational standards required in the proposed rule.

 

     (2) The agency shall specifically address the factors

 

described in subsection (1)(a) to (d) shall be specifically

 

addressed in the a small business impact statement.

 

     (3) In reducing the disproportionate economic impact on small

 

business of a rule as provided in subsection (1), an agency shall

 

use the following classifications of small business:

 

     (a) 0-9 full-time employees.

 

     (b) 10-49 full-time employees.

 

     (c) 50-249 full-time employees.

 

     (4) For purposes of subsection (3), an agency may include a

 

small business with a greater number of full-time employees in a

 

classification that applies to a business with fewer full-time

 

employees.

 

     (5) This section and section 45(3) 45(4) do not apply to a

 

rule that is required by federal law and that an agency promulgates

 

without imposing standards more stringent than those required by

 

the federal law.

 

     Sec. 44. (1) Sections 41 and 42 do not apply to an amendment

 

or rescission of a rule that is obsolete or superseded, or that is

 

required to make obviously needed corrections to make the rule

 

conform to an amended or new statute or to accomplish any other

 

solely formal purpose, if a statement to that effect is included in

 

the legislative service bureau certificate of approval of the rule.

 

     (2) Sections 41 and 42 do not apply to a rule that is

 

promulgated under the Michigan occupational safety and health act,

 

1974 PA 154, MCL 408.1001 to 408.1094, that is substantially

 

similar to an existing federal standard that has been adopted or

 

promulgated under the occupational safety and health act of 1970,

 

Public Law 91-596, 84 Stat. 1590. However, notice of the proposed

 

rule shall be published in the Michigan register at least 35 days

 

before the submission of the rule to is filed with the secretary of

 

state pursuant to under section 46(1). A reasonable period, not to

 

exceed 21 days, shall be provided for the submission of written or

 

electronic comments and views following publication in the Michigan

 

register.

 

     (3) For purposes of subsection (2), As used in this section,

 

"substantially similar" means identical, with the exception of

 

style or format differences needed to conform to this or other

 

state laws. , as determined by the office of regulatory reform

 

pursuant to section 45(1).

 

     Sec. 45. (1) Except as otherwise provided for in this

 

subsection, the agency shall electronically submit a proposed rule

 

to the legislative service bureau for its formal certification. If

 

requested by the legislative service bureau, the office of

 

regulatory reinvention shall also transmit up to 4 paper copies of

 

the proposed rule. The legislative service bureau shall promptly

 

issue a certificate of approval indicating whether the proposed

 

rule is proper as to all matters of form, classification, and

 

arrangement. If the legislative service bureau fails to issue a

 

certificate of approval within 21 calendar days after receipt of

 

the submission for formal certification, the office of regulatory

 

reinvention may issue a certificate of approval. If the legislative

 

service bureau returns the submission to the agency before the

 

expiration of the 21-calendar-day time period, the 21-calendar-day

 

time period is tolled until the rule is resubmitted by the agency.

 

The legislative service bureau shall have the remainder of the 21-

 

calendar-day time period or 6 calendar days, whichever is longer,

 

to consider the formal certification of the rule. The office of

 

regulatory reinvention may approve a proposed rule if it considers

 

the proposed rule to be legal and appropriate.

 

     (2) The office of regulatory reinvention shall issue a report

 

describing whether a proposed rule complies with section 29 of

 

article IX of the state constitution of 1963 and the Paul Harvey

 

transparency act. As part of the report, the office of regulatory

 

reinvention shall specifically certify whether the proposed rule

 

requires local units of government to provide either new activities

 

or services or an increase in the level of an activity or service

 

beyond that required by existing law. If the certification

 

indicates that the proposed rule requires local units of government

 

to provide either new activities or services or an increase in the

 

level of any activity or service beyond that required by existing

 

law, the report shall describe whether a fiscal note has been

 

prepared regarding the new activity or service or increase in the

 

level of activity or service beyond that required by existing law

 

and whether an appropriation compensating the affected local units

 

of government for the activity or service has been made by the

 

legislature and enacted into law. If the office of regulatory

 

reinvention determines that the proposed rule requires a new

 

activity or service or an increase in the level of an existing

 

activity or service, the office of regulatory reinvention shall so

 

inform the local government mandate panel described in the Paul

 

Harvey transparency act and require the panel to prepare and convey

 

a fiscal note as provided under the Paul Harvey transparency act.

 

If the certification indicates noncompliance with section 29 of

 

article IX of the state constitution of 1963 or the Paul Harvey

 

transparency act, the office of regulatory reinvention shall not

 

transmit the proposed rule to the committee.

 

     (3) (2) Except as provided in subsection (6), (7), after

 

notice is given as provided in this act and before the adoption of

 

a rule by an agency, proposing the rule has formally adopted the

 

rule, the agency shall prepare an agency report containing a

 

synopsis of the comments contained in the public hearing record,

 

and a copy of the request for rule-making, and the regulatory

 

impact statement required under subsection (3). (4). In the report,

 

the agency shall describe any changes in the proposed rules that

 

were made by the agency after the public hearing. The office of

 

regulatory reinvention shall transmit by notice of transmittal to

 

the committee copies of the rule, the agency reports containing the

 

request for rule-making, a copy of the regulatory impact statement,

 

and certificates of approval from the legislative service bureau

 

and the office of regulatory reinvention. The office of regulatory

 

reinvention shall also electronically submit a copy of the rule,

 

any agency reports required under this subsection, any regulatory

 

impact statements required under subsection (3), and (4), any

 

certificates of approval required under subsection (1), and the

 

report required under subsection (2) to the committee. The agency

 

shall electronically transmit to the committee the records

 

described in this subsection within 1 year after the date of the

 

last public hearing on the proposed rule unless the proposed rule

 

is a resubmission under section 45a(7).

 

     (4) (3) Except as provided in subsection (6), (7), an agency

 

shall prepare and include with a notice of transmittal under

 

subsection (2) (3) the request for rule-making and the response

 

from the office of regulatory reinvention, a small business impact

 

statement prepared under section 40(1), 40(2), and a regulatory

 

impact statement. The regulatory impact statement shall contain all

 

of the following information:

 

     (a) A comparison of the proposed rule to parallel federal

 

rules or standards set by a state or national licensing agency or

 

accreditation association, if any exist.

 

     (b) If requested by the office of regulatory reinvention or

 

the committee, a comparison of the proposed rule to standards in

 

similarly situated states, based on geographic location,

 

topography, natural resources, commonalities, or economic

 

similarities.

 

     (c) An identification of the behavior and frequency of

 

behavior that the rule is designed to alter.

 

     (d) An identification of the harm resulting from the behavior

 

that the rule is designed to alter and the likelihood that the harm

 

will occur in the absence of the rule.

 

     (e) An estimate of the change in the frequency of the targeted

 

behavior expected from the rule.

 

     (f) An identification of the businesses, groups, or

 

individuals, who and local units of government that will be

 

directly affected by, bear the cost of, or directly benefit from

 

the rule.

 

     (g) An identification of any reasonable alternatives to

 

regulation pursuant to under the proposed rule that would achieve

 

the same or similar goals.

 

     (h) A discussion of the feasibility of establishing a

 

regulatory program similar to that proposed in the rule that would

 

operate through market-based mechanisms.

 

     (i) An estimate of the cost of rule imposition on the agency

 

promulgating the rule.

 

     (j) An estimate of the actual statewide compliance costs of

 

the proposed rule on individuals.

 

     (k) An estimate of the actual statewide compliance costs of

 

the proposed rule on businesses and other groups.

 

     (l) An estimate of the actual statewide compliance costs of the

 

proposed rule on local units of government.

 

     (m) (l) An identification of any disproportionate impact the

 

proposed rule may have on small businesses because of their size.

 

     (n) (m) An identification of the nature of any report and the

 

estimated cost of its preparation by small business required to

 

comply with the proposed rule.

 

     (o) (n) An analysis of the costs of compliance for all small

 

businesses affected by the proposed rule, including costs of

 

equipment, supplies, labor, and increased administrative costs.

 

     (p) (o) An identification of the nature and estimated cost of

 

any legal consulting and accounting services that small businesses

 

would incur in complying with the proposed rule.

 

     (q) (p) An estimate of the ability of small businesses to

 

absorb the costs estimated under subdivisions (m) to (o) (n) to (p)

 

without suffering economic harm and without adversely affecting

 

competition in the marketplace.

 

     (r) (q) An estimate of the cost, if any, to the agency of

 

administering or enforcing a rule that exempts or sets lesser

 

standards for compliance by small businesses.

 

     (s) (r) An identification of the impact on the public interest

 

of exempting or setting lesser standards of compliance for small

 

businesses.

 

     (t) (s) A statement describing the manner in which the agency

 

reduced the economic impact of the rule on small businesses or a

 

statement describing the reasons such a reduction was not feasible.

 

     (u) (t) A statement describing how the agency has involved

 

small businesses in the development of the rule.

 

     (v) (u) An estimate of the primary and direct benefits of the

 

rule.

 

     (w) (v) An estimate of any cost reductions to businesses,

 

individuals, groups of individuals, or governmental units as a

 

result of the rule.

 

     (x) (w) An estimate of any increase in revenues to state or

 

local governmental units of government as a result of the rule and

 

facts demonstrating compliance with section 29 of article IX of the

 

state constitution of 1963 and implementing legislation.

 

     (y) (x) An estimate of any secondary or indirect benefits of

 

the rule.

 

     (z) (y) An identification of the sources the agency relied

 

upon on in compiling the regulatory impact statement, including the

 

methodology utilized used in determining the existence and extent

 

of the impact of a proposed rule and a cost-benefit analysis of the

 

proposed rule.

 

     (aa) (z) A detailed recitation of the efforts of the agency to

 

comply with the mandate to reduce the disproportionate impact of

 

the rule upon on small businesses as described in section 40(1)(a)

 

to (d).

 

     (bb) (aa) Any other information required by the office of

 

regulatory reinvention.

 

     (5) (4) The An agency shall electronically transmit the

 

regulatory impact statement required under subsection (3) (4) to

 

the office of regulatory reinvention at least 28 days before the

 

public hearing required pursuant to under section 42. Before the

 

public hearing can be held, the regulatory impact statement must be

 

reviewed and approved by the office of regulatory reinvention. The

 

agency shall also electronically transmit a copy of the regulatory

 

impact statement to the committee before the public hearing and the

 

agency shall make copies available to the public at the public

 

hearing. The agency shall publish the regulatory impact statement

 

on its website at least 10 days before the date of the public

 

hearing.

 

     (6) (5) The committee shall electronically transmit to the

 

senate fiscal agency and the house fiscal agency a copy of each

 

rule and regulatory impact statement filed with the committee, as

 

well as a copy of the agenda identifying the proposed rules to be

 

considered by the committee. The senate fiscal agency and the house

 

fiscal agency shall analyze each proposed rule for possible fiscal

 

implications that, if the rule were adopted, would result in

 

additional appropriations in the current fiscal year or commit the

 

legislature to an appropriation in a future fiscal year. The senate

 

fiscal agency and the house fiscal agency shall electronically

 

report their findings to the senate and house appropriations

 

committees and to the committee before the date of consideration of

 

the proposed rule by the committee.

 

     (7) (6) Subsections (2), (3), and (4), and (5) do not apply to

 

a rule that is promulgated under section 33, 44, or 48.

 

     Sec. 45a. (1) The committee shall reject a notice of

 

transmittal under section 45(3), refuse the receipt of the proposed

 

rule, and return the proposed rule to the office of regulatory

 

reinvention if the proposed rule is not certified to be in

 

compliance with section 29 of article IX of the state constitution

 

of 1963 and implementing legislation, as further described in

 

section 45(1) and (2). The rejection of a notice of transmittal by

 

the committee stays the ability of the office of regulatory

 

reinvention to proceed with the processing of the rule, until

 

compliance with section 29 of article IX of the state constitution

 

of 1963 and implementing legislation is demonstrated. Except as

 

otherwise provided in subsections (7) to (9), after the committee

 

has received the a notice of transmittal specified in under section

 

45(2), 45(3) and accepted the notice of transmittal as required

 

under this subsection, the committee has 15 session days in which

 

to consider the rule and to object to the rule by filing a notice

 

of objection approved by a concurrent majority of the committee

 

members or 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 committee may only approve a notice of objection

 

if the committee affirmatively determines by a concurrent majority

 

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 the rule.

 

     (2) If the committee does not file a notice of objection

 

within the time period prescribed in subsection (1) or if the

 

committee waives the remaining session days by concurrent majority,

 

the office of regulatory reinvention may immediately file the rule,

 

with the certificate of approval required under section 45(1) and

 

the report required under section 45(2), 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 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.

 

Each house shall place the bill or bills directly on its calendar.

 

The bills shall contain 1 or more of the following:

 

     (a) A rescission of a the rule upon on its effective date.

 

     (b) A repeal of the statutory provision under which the rule

 

was authorized.

 

     (c) A bill staying stay of the effective date of the proposed

 

rule for up to 1 year.

 

     (4) The A notice of objection filed under subsection (3) stays

 

the ability of the office of regulatory reinvention to file the

 

rule with the secretary of state until the earlier of the

 

following:

 

     (a) Fifteen session days after the notice of objection is

 

filed under subsection (3).

 

     (b) The date of the rescission of the issuance of the notice

 

of objection, approved by a concurrent majority of the committee

 

members. The committee may meet to rescind the issuance of the

 

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.

 

     (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 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 period, 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 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 After resubmission, the committee shall

 

have at least has the remainder of the 15 session days or 6 session

 

days, after resubmission whichever is longer, to consider the

 

resubmitted rule.

 

     (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.

 

     Sec. 45b. (1) The office of regulatory reinvention shall post

 

the following on its website within 2 business days after

 

transmittal pursuant to under section 45:

 

     (a) The regulatory impact statement required under section

 

45(3).45(4).

 

     (b) Instructions on any existing administrative remedies or

 

appeals available to the public.

 

     (c) Instructions regarding the method of complying with the

 

rules, if available.

 

     (d) Any rules filed with the secretary of state and the

 

effective date of those rules.

 

     (2) The office of regulatory reinvention shall facilitate

 

linking the information posted under subsection (1) to the

 

department or agency website.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 495                                    

 

            of the 97th Legislature is enacted into law.