Bill Text: MI HB4364 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Administrative procedure; rules; automatic rescission of administrative rules; provide for, and provide for review of existing rules. Amends 1969 PA 306 (MCL 24.201 - 24.328) by adding secs. 47a & 47b.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-16 - Bill Electronically Reproduced 03/15/2017 [HB4364 Detail]
Download: Michigan-2017-HB4364-Introduced.html
HOUSE BILL No. 4364
March 15, 2017, Introduced by Reps. Reilly, Noble, Barrett, Glenn, Hernandez, Vaupel, Runestad, Robinson, Dianda, Crawford, Rendon, Leutheuser, Hauck, Theis, Lucido and Johnson and referred to the Committee on Michigan Competitiveness.
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
(MCL 24.201 to 24.328) by adding sections 47a and 47b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 47a. (1) Except as provided in subsections (2) and (3), a
rule promulgated after the effective date of the amendatory act
that added this section is rescinded 7 years after the date it is
promulgated.
(2) Subsection (1) does not apply to any of the following:
(a) A rule that is required by federal law.
(b) A rule promulgated under a statute that provides that this
section does not apply to rules promulgated under the statute.
(3) An agency may apply to the legislature for an extension of
the effectiveness of a rule for up to 7 years beyond its rescission
date under subsection (1). An agency shall not apply for more than
1 extension for a rule under this subsection. A rule remains in
effect while it is being considered by the legislature under this
subsection. If the legislature approves a request under this
subsection, the rule is rescinded on the extended date designated
by the legislature.
(4) The procedures applicable to the promulgation of rules do
not apply to a request for or the extension of a rule under
subsection (3). A request under subsection (3) must be in writing
and submitted to the secretary of the senate and the clerk of the
house of representatives before the rescission date under
subsection (1). Either house of the legislature, acting through a
designated committee or member, may require the agency to provide
any information determined to be necessary to consider the agency's
request. The legislature must act by concurrent resolution of a
majority of the members elected to and serving in each house to
approve a request for the extension of a rule under subsection (3).
If the extension is not approved, the rule is rescinded effective
on the date of the final vote on the concurrent resolution or on
the rescission date under subsection (1), whichever is later.
Sec. 47b. (1) Before 6 months after the effective date of the
amendatory act that added this section and before the same date in
each of the succeeding 9 years, an agency that has promulgated
rules or that is the successor to an agency that has promulgated
rules shall select 10% of those rules in effect on the effective
date of the amendatory act that added this section and submit the
selected rules to the legislature for consideration under this
section. The agency shall submit the selected rules to the
secretary of the senate and the clerk of the house of
representatives.
(2) For each rule submitted under subsection (1), the agency
shall prepare a small business impact statement under section 40
and a regulatory impact statement under section 45 as if the rule
submitted were a proposed rule. The agency shall submit the
statements required under this subsection when the rule is
submitted to the legislature under subsection (1).
(3) Each house of the legislature may refer rules submitted
under subsection (1) to a committee under the rules of the house.
The committee or a designated member of the house may require the
agency that submitted the rule to provide further information
determined to be necessary to consideration of the rules under this
section.
(4) The legislature may, by concurrent resolution of a
majority of the members elected to and serving in each house,
approve a rule submitted under subsection (1) to continue in
effect. Section 47a applies to a rule approved under this
subsection as if the rule were a rule promulgated after the
effective date of the amendatory act that added section 47a. If a
rule that is in effect on the effective date of the amendatory act
that added this section is not approved under this subsection, the
rule is rescinded 10 years after the effective date of the
amendatory act that added this section.
(5) Except as otherwise provided in this section, the
procedures applicable to the promulgation of a rule do not apply to
the consideration of a rule under this section.
(6) This section does not apply to a rule described in section
47a(2).
Enacting section 1. This amendatory act takes effect January
1, 2018.
