Bill Text: MI HB5480 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Administrative procedure: other; administrative procedures act of 1969; amend to reflect amendments to the public health code. Amends secs. 7, 8 & 28 of 1969 PA 306 (MCL 24.207 et seq.). TIE BAR WITH: HB 5477'24
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-22 - Bill Electronically Reproduced 02/22/2024 [HB5480 Detail]
Download: Michigan-2023-HB5480-Introduced.html
HOUSE BILL NO. 5480
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending sections 7, 8, and 28 (MCL 24.207, 24.208, and 24.228), section 7 as amended by 2022 PA 134 and sections 8 and 28 as amended by 2004 PA 23.
the people of the state of michigan enact:
Sec. 7. "Rule" means an agency regulation, statement, standard, policy, ruling, or instruction of general applicability that implements or applies law enforced or administered by the agency, or that prescribes the organization, procedure, or practice of the agency, including the amendment, suspension, or rescission of the law enforced or administered by the agency. Rule does not include any of the following:
(a) A resolution or order of the state administrative board.
(b) A formal opinion of the attorney general.
(c) A rule or order establishing or fixing rates or tariffs.
(d) A rule or order pertaining to game and fish and promulgated under parts 401, 411, and 487 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.40101 to 324.40120, 324.41101 to 324.41105, and 324.48701 to 324.48740.
(e) A rule relating to the use of streets or highways, the substance of which is indicated to the public by means of signs or signals.
(f) A determination, decision, or order in a contested case.
(g) An intergovernmental, interagency, or intra-agency memorandum, directive, or communication that does not affect the rights of, or procedures and practices available to, the public.
(h) A form with instructions, an interpretive statement, a guideline, an informational pamphlet, or other material that in itself does not have the force and effect of law but is merely explanatory.
(i) A declaratory ruling or other disposition of a particular matter as applied to a specific set of facts involved.
(j) A decision by an agency to exercise or not to exercise a permissive statutory power, although private rights or interests are affected.
(k) Unless another statute requires a rule to be promulgated under this act, a rule or policy that only concerns the inmates of a state correctional facility and does not directly affect other members of the public, except that a rule that only concerns inmates that was promulgated before December 4, 1986, is a rule and remains in effect until rescinded but shall must not be amended. As used in this subdivision, "state correctional facility" means a facility or institution that houses an inmate population under the jurisdiction of the department of corrections.
(l) A rule establishing special local watercraft controls promulgated under former 1967 PA 303. A rule described in this subdivision may be rescinded as provided in section 80113(2) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80113.
(m) All of the following, after final approval by the certificate of need commission under section 22215 of the public health code, 1978 PA 368, MCL 333.22215, or the statewide health coordinating council under former section 22217 of the public health code, 1978 PA 368:
(i) The designation, deletion, or revision of covered medical equipment and covered clinical services.
(ii) Certificate of need review standards.
(iii) Data reporting requirements and criteria for determining health facility viability.
(iv) Standards used by the department of health and human services in designating a regional certificate of need review agency.
(v) The modification of the 100 licensed bed limitation for extended care services programs set forth in section 22210 of the public health code, 1978 PA 368, MCL 333.22210.
(m) (n) A policy developed by the department of health and human services under section 6(3) of the social welfare act, 1939 PA 280, MCL 400.6, setting income and asset limits, types of income and assets to be considered for eligibility, and payment standards for administration of assistance programs under that act.
(n) (o) A policy developed by the department of health and human services under section 6(4) of the social welfare act, 1939 PA 280, MCL 400.6, to implement requirements that are mandated by federal statute or regulations as a condition of receipt of federal funds.
(o) (p) The provisions of an agency's contract with a public or private entity, including, but not limited to, the provisions of an agency's standard form contract.
(p) (q) A policy developed by the department of health and human services under the authority granted in section 111a of the social welfare act, 1939 PA 280, MCL 400.111a, to implement policies and procedures necessary to operate its health care programs in accordance with an approved state plan or in compliance with state statute.
(q) (r) A minimum standard approved or established under authority granted by the Michigan indigent defense commission act, 2013 PA 93, MCL 780.981 to 780.1003.
(r) (s) Scoring criteria and the definitions of overburdened community and significantly overburdened community developed by the department of environment, Great Lakes, and energy under the authority granted under parts 53 and 54 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.5301 to 324.5316 and 324.5401 to 324.5418.
Sec. 8. (1) The office of regulatory reform shall publish the Michigan register at least Register not less than once each month. The Michigan register shall Register must contain all of the following:
(a) Executive orders and executive reorganization orders.
(b) On a cumulative basis, the numbers and subject matter of the enrolled senate and house of representatives bills signed into law by the governor during the calendar year and the corresponding public act numbers.
(c) On a cumulative basis, the numbers and subject matter of the enrolled senate and house of representatives bills vetoed by the governor during the calendar year.
(d) Proposed administrative rules.
(e) Notices of public hearings on proposed administrative rules.
(f) Administrative rules filed with the secretary of state.
(g) Emergency rules filed with the secretary of state.
(h) Notice of proposed and adopted agency guidelines.
(i) Other official information considered necessary or appropriate by the office. of regulatory reform.
(j) Attorney general opinions.
(k) All of the items listed in section 7(m) after final approval by the certificate of need commission under section 22215 of the public health code, 1978 PA 368, MCL 333.22215.
(2) The office of regulatory reform shall publish a cumulative index for the Michigan register.Register.
(3) The Michigan register shall Register must be available for public subscription at a fee reasonably calculated to cover publication and distribution costs.
(4) If publication of an agency's proposed rule or guideline or an item described in subsection (1)(k) would be unreasonably expensive or lengthy, the office of regulatory reform may publish a brief synopsis of the proposed rule or guideline, or item described in subsection (1)(k), including information on how to obtain a complete copy of the proposed rule or guideline or item described in subsection (1)(k) from the agency at no cost.
(5) An agency shall electronically transmit a copy of the proposed rules and notice of public hearing to the office of regulatory reform for publication in the Michigan register.Register.
Sec. 28. (1) Before the adoption of a standard form contract that would have been considered a rule but for the exemption from rule-making under section 7(p) 7(o) or a policy exempt from rule-making under section 7(q), 7(p), an agency shall give electronic notice of the proposed standard form contract or policy to the committee and the office. of regulatory reform. The committee shall provide an electronic copy of the notice not later than the next business day after receipt of the electronic notice from the agency 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 standard form contract or policy.
(2) The electronic notice required by subsection (1) shall must include all of the following:
(a) A statement of the terms of substance of the proposed standard form contract or policy, a description of the subjects and issues involved, and the proposed effective date of the standard form contract or policy.
(b) A statement that the addressee may express any views or arguments regarding the proposed standard form contract or policy or the standard form contract's or policy's effect on a person.
(c) The address to which comments may be sent and the date by which the comments shall must be mailed or electronically transmitted, which date shall must not be less than 35 days from after the date of the mailing or electronic transmittal of the notice.
(d) A reference to the specific statutory provision under which the standard form contract or policy is issued.
(3) If the value of a proposed standard form contract exempt from rule-making under section 7(p) 7(o) is $10,000,000.00 or more, the electronic notice required under subsection (1) shall must include an electronic copy of the proposed standard form contract. If the value of the proposed standard form contract exempt from rule-making under section 7(p) 7(o) is less than $10,000,000.00, the agency shall provide an electronic or paper copy of the proposed standard form contract or policy to any legislator requesting who requests a copy.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5477 (request no. 01038'23) of the 102nd Legislature is enacted into law.
