Bill Text: MI HB5714 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Administrative procedure; rules; promulgation of an emergency rule for scheduling certain controlled substances; allow. Amends sec. 48 of 1969 PA 306 (MCL 24.248). TIE BAR WITH: HB 5338'12, SB 0789'11
Spectrum: Bipartisan Bill
Status: (Passed) 2012-07-18 - Assigned Pa 181'12 With Immediate Effect [HB5714 Detail]
Download: Michigan-2011-HB5714-Chaptered.html
Act No. 181
Public Acts of 2012
Approved by the Governor
June 19, 2012
Filed with the Secretary of State
June 19, 2012
EFFECTIVE DATE: June 19, 2012
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
Introduced by Reps. Somerville, Damrow, Heise, Kowall, McBroom, Ananich, Barnett, Bauer, Bledsoe, Brown, Brunner, Bumstead, Byrum, Callton, Cavanagh, Constan, Cotter, Crawford, Darany, Denby, Durhal, Farrington, Foster, Gilbert, Glardon, Goike, Graves, Greimel, Haines, Hammel, Haveman, Hobbs, Hooker, Horn, Hovey-Wright, Hughes, Huuki, Jackson, Jacobsen, Jenkins, Johnson, Knollenberg, Kurtz, LaFontaine, Lane, LeBlanc, Liss, Lori, Lund, Lyons, MacGregor, McCann, Meadows, Moss, Muxlow, Nathan, O’Brien, Oakes, Opsommer, Ouimet, Potvin, Pscholka, Rendon, Rogers, Santana, Roy Schmidt, Wayne Schmidt, Segal, Shirkey, Slavens, Smiley, Switalski, Talabi, Tlaib, Tyler, Yonker and Zorn
ENROLLED HOUSE BILL No. 5714
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 48 (MCL 24.248), as amended by 1999 PA 262.
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 shall 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.
(2) If the director of the department of community health 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 shall be attached the certificate of approval and the director of the department of community health’s notification under section 2251(4) of the public health code, 1978 PA 368, MCL 333.2251. The office of regulatory reinvention shall submit the emergency rule draft language to the legislative service bureau for its formal certification within 7 business days of 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 of regulatory reinvention. 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 of regulatory reinvention may issue a certificate of approval. If the legislative service bureau returns the submission to the office of regulatory reinvention 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 of regulatory reinvention. The legislative service bureau shall have the remainder of the 7-business-day time period to consider the formal certification of the rule. Upon receipt from the legislative service bureau, the office of regulatory reinvention 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 upon filing a certificate of extension with the office of secretary of state before the expiration of 6 months after the date of its filing.
(3) An emergency rule shall not be numbered and shall not be compiled in the Michigan administrative code, but shall be noted in the annual supplement to the code. The emergency rule shall be published in the Michigan register pursuant to 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 which is not an emergency rule. The rule shall be published in the Michigan register and in the 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 all of the following bills of the 96th Legislature are enacted into law:
(a) Senate Bill No. 789.
(b) House Bill No. 5338.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
