Bill Text: MI HB4500 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Administrative procedure; rules; review of existing and new rules; provide for on a periodic basis. Amends sec. 53 of 1969 PA 306 (MCL 24.253).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-12-06 - Assigned Pa 238'11 With Immediate Effect [HB4500 Detail]
Download: Michigan-2011-HB4500-Chaptered.html
Act No. 238
Public Acts of 2011
Approved by the Governor
November 28, 2011
Filed with the Secretary of State
December 1, 2011
EFFECTIVE DATE: December 1, 2011
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2011
Introduced by Rep. Kowall
ENROLLED HOUSE BILL No. 4500
AN ACT to amend 1969 PA 306, entitled “An act to provide for the effect, processing, promulgation, publication, and inspection of state agency rules, determinations, and other matters; to provide for the printing, publishing, and distribution of certain publications; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to create and establish certain committees and offices; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date,” by amending section 53 (MCL 24.253), as amended by 2004 PA 23.
The People of the State of Michigan enact:
Sec. 53. (1) Each agency shall prepare an annual regulatory plan that reviews the agency’s rules. The annual regulatory plan shall be electronically transmitted to the office of regulatory reinvention.
(2) In completing the annual regulatory plan required by this section, the agency shall identify the rules the agency expects to review under subsection (4) in the next year, the rules it reasonably expects to process in the next year, the mandatory statutory rule authority it has not exercised, and the rules it expects to rescind in the next year.
(3) The annual regulatory plans completed under this section are advisory only and do not otherwise bind the agency or in any way prevent additional action.
(4) In completing a review of rules pursuant to the annual regulatory plans under this section, first priority shall be given to those rules that directly affect the greatest number of businesses, groups, and individuals and those rules that have the greatest actual statewide compliance costs for businesses, groups, and individuals. A review of rules under this subsection shall state the following:
(a) Whether there is a continued need for the rules.
(b) A summary of any complaints or comments received from the public concerning the rules.
(c) The complexity of complying with the rules.
(d) Whether the rules conflict with or duplicate similar rules or regulations adopted by the federal government or local units of government.
(e) The date of the last evaluation of the rules and the degree, if any, to which technology, economic conditions, or other factors have changed regulatory activity covered by the rules.
(5) Annual regulatory plans completed under subsection (1) shall be electronically filed with the office of regulatory reinvention by July 1 of each year. After the office of regulatory reinvention approves the plan for review, the office of regulatory reinvention shall electronically provide a copy of the plan of review to the committee. The committee shall electronically provide a copy of each agency plan of review, not later than the next business day after receipt of the plan of review from the office of regulatory reinvention, 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 rules the agency may propose.
(6) Each agency shall provide on its website a link to the website of the office of regulatory reinvention.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
