Bill Text: MI SB0431 | 2009-2010 | 95th Legislature | Introduced
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-Introduced.html
SENATE BILL No. 431
April 2, 2009, Introduced by Senator KUIPERS and referred to the Committee on Government Operations and Reform.
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 office of
regulatory
reform state office of
administrative hearings and rules
a
request for rule-making in a format prescribed by the office of
regulatory
reform state office of
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. If there is a federal statutory or regulatory standard in
existence that is substantially similar, the agency shall cite and
describe that statutory or regulatory standard.
(b) The problem the rule intends to address.
(c) An assessment of the significance of the problem.
(d) A cost-benefit analysis regarding any new rules or changes
to existing rules.
(2) If an agency cites and describes a substantially similar
federal statutory or regulatory standard and if the request for
rule-making seeks standards that are more stringent than that
federal statutory or regulatory standard, the state office of
administrative hearings and rules shall deny the request for rule-
making.
(3) (2)
An agency shall not proceed with
the processing of a
rule
outlined in this chapter unless the office of regulatory
reform
state office of
administrative hearings and rules has
approved the request for rule-making.
(4) (3)
The office of regulatory reform state office of
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.
(5) (4)
The office of regulatory reform state office of
administrative hearings and rules shall immediately make available
to the committee electronic copies of the request for rule-making
submitted
to the office of regulatory reform state office of
administrative
hearings and rules.
On a weekly basis, the office of
regulatory
reform state office of
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 office of
regulatory
reform state office of 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.
(6) 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.
