Bill Text: MI SB0431 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Administrative procedure; rules; cost benefit analysis regarding departmental rule change; require as part of the request for rule-making and limit scope of certain rules. Amends sec. 39 of 1969 PA 306 (MCL 24.239). TIE BAR WITH: SB 0013'09, SB 0434'09
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2009-06-17 - Referred To Committee On Great Lakes And Environment [SB0431 Detail]
Download: Michigan-2009-SB0431-Engrossed.html
SB-0431, As Passed Senate, June 17, 2009
SUBSTITUTE FOR
SENATE BILL NO. 431
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending section 39 (MCL 24.239), as amended by 2004 PA 23.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 39. (1) Before initiating any changes or additions to
rules, an agency shall electronically file with the state office of
regulatory
reform administrative
hearings and rules a request for
rule-making in a format prescribed by the state office of
regulatory
reform administrative
hearings and rules. The request
for rule-making shall include the following:
(a) The state or federal statutory or regulatory basis for the
rule.
(b) The problem the rule intends to address.
(c) An assessment of the significance of the problem.
(d) If applicable, the decision record.
(2) In the case where an agency receives recommendations or
comments by any advisory committee or other advisory entity created
by law, the advisory committee or entity shall issue to the agency
a decision record regarding any action or discussion regarding the
request for rule-making. The decision record shall be posted on an
agency website not less than 60 days before the request for rule-
making is submitted to the state office of administrative hearings
and rules.
(3) (2)
An agency shall not proceed with the processing of a
rule
outlined in this chapter unless the state
office of regulatory
reform
administrative hearings and
rules has approved the request
for rule-making. The state office of administrative hearings and
rules is not required to approve a request for rule-making and
shall do so only after it has indicated in its response to the
request for rule-making submitted by an agency that there are
appropriate and necessary policy and legal bases for approving the
request for rule-making.
(4) (3)
The state office of regulatory reform administrative
hearings and rules shall record the receipt of all requests for
rule-making on the internet and shall make electronic or paper
copies of approved requests for rule-making available to members of
the
general public. upon request. The state office of
administrative hearings and rules shall issue a written or
electronic response to the request for rule-making that
specifically addresses the issues of whether the request has
appropriate and necessary policy and legal bases for approving the
request for rule-making.
(5) (4)
The state office of regulatory reform administrative
hearings and rules shall immediately make available to the
committee electronic copies of the request for rule-making
submitted
to the state office of regulatory reform administrative
hearings and rules. On a weekly basis, the state office of
regulatory
reform administrative
hearings and rules shall
electronically provide to the committee a listing of all requests
for rule-making approved or denied during the previous week. The
committee shall electronically provide a copy of the approved and
denied requests for rule-making, not later than the next business
day
after receipt of the notice 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
the proposed rule.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. 13.
(b) Senate Bill No. 434.
