Bill Text: MI HB4329 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Administrative procedure: exemptions; MiOSHA emergency safety standards; limit effectiveness to 30 days unless extended by resolution of the legislature. Amends sec. 48 of 1969 PA 306 (MCL 24.248). TIE BAR WITH: HB 4330'21
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2021-02-25 - Bill Electronically Reproduced 02/24/2021 [HB4329 Detail]
Download: Michigan-2021-HB4329-Introduced.html
HOUSE BILL NO. 4329
February 24, 2021, Introduced by Reps.
Markkanen, O'Malley, Damoose, Beeler, Slagh, Allor, Steven Johnson and
Meerman and referred to the Committee on Government Operations.
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending section 48 (MCL 24.248), as amended by 2018 PA 267.
the people of the state of michigan enact:
Sec. 48. (1) If
an agency finds that preservation of the public health, safety, or welfare
requires promulgation of an emergency rule without following the notice and
participation procedures required by sections 41 and 42 and states in the rule
the agency's reasons for that finding, and the governor concurs in the finding
of emergency, the agency may dispense with all or part of the procedures and
file in the office of the secretary of state the copies prescribed by section
46 endorsed as an emergency rule, to 3 of which copies must be attached the
certificates prescribed by section 45 and the governor's certificate concurring
in the finding of emergency. The emergency rule is effective on filing and
remains in effect until a date fixed in the rule or 6 months after the date of
its filing, whichever is earlier. The rule may be extended once for not more
than 6 months by the filing of a governor's certificate of the need for the
extension with the office of the secretary of state before expiration of the
emergency rule. Any period or extension during which an emergency rule is
effective under this subsection is tolled from the date that the environmental
rules review committee makes a determination as to a similar rule under section
66(5)(c) until the date a public hearing is held on the rule under section
66(7). This subsection is subject to section 25 of
the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1025.
(2) If the director of the department of health and human
services determines that an imminent danger to the health or lives of
individuals in this state can be prevented or controlled by scheduling a
substance as a controlled substance under section 2251(4) of the public health
code, 1978 PA 368, MCL 333.2251, and the administrator determines that the
substance should be scheduled or rescheduled as a controlled substance, the department
of licensing and regulatory affairs may dispense with all or part of the
procedures required by sections 41 and 42 and file in the office of the
secretary of state the copies prescribed by section 46 endorsed as an emergency
rule, to 3 of which copies must be attached the certificate of approval and the
director of the department of health and human services's notification under
section 2251(4) of the public health code, 1978 PA 368, MCL 333.2251. The
office shall submit the emergency rule draft language to the legislative
service bureau for its formal certification within 7 business days after
receipt from the department of licensing and regulatory affairs. The
legislative service bureau shall issue a certificate of approval indicating
whether the proposed rule is proper as to all matters of form, classification,
and arrangement within 7 business days after receiving the submission and
return the rule to the office. If the legislative service bureau fails to issue
a certificate of approval within 7 business days after receipt of the
submission for formal certification, the office may issue a certificate of
approval. If the legislative service bureau returns the submission to the
office before the expiration of the 7-business-day time period, the 7-business-day
time period is tolled until the rule is returned by the office. The legislative
service bureau has the remainder of the 7-business-day time period to consider
the formal certification of the rule. On receipt from the legislative service
bureau, the office shall, within 7 business days, approve the proposed rule if
it considers the proposed rule to be legal and appropriate. An emergency rule
adopted under this subsection remains in effect until the earlier date of the
following:
(a) An identical or similar rule is promulgated.
(b) An identical or similar bill is enacted into law.
(c) The administrator determines that the emergency rule is
no longer necessary.
(d) Six months after the date of its filing, which may be
extended for not more than 6 months by the administrator on filing a
certificate of extension with the office of the secretary of state before the
expiration of 6 months after the date of its filing.
(3) An emergency rule must not be numbered and must not be
compiled in the Michigan Administrative Code, but must be noted in the annual
supplement to the code. The emergency rule must be published in the Michigan register Register
under section 8.
(4) If the agency desires to promulgate an identical or
similar rule with an effectiveness beyond the final effective date of an
emergency rule, the agency shall comply with the procedures prescribed by this
act for the processing of a rule that is not an emergency rule. The rule must
be published in the Michigan register Register and in the code.Michigan Administrative Code.
(5) As used in this section, "administrator" means
that term as defined in section 7103 of the public health code, 1978 PA 368,
MCL 333.7103.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4330 (request no. 01622'21 **) of the 101st Legislature is enacted into law.