Bill Text: MI SB0271 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Administrative procedure; rules; regulatory impact statement; require certain information to be included. Amends sec. 45 of 1969 PA 306 (MCL 24.245).
Spectrum: Partisan Bill (Republican 22-0)
Status: (Passed) 2011-12-13 - Assigned Pa 0242'11 With Immediate Effect [SB0271 Detail]
Download: Michigan-2011-SB0271-Engrossed.html
SB-0271, As Passed Senate, May 5, 2011
SUBSTITUTE FOR
SENATE BILL NO. 271
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending section 45 (MCL 24.245), as amended by 2004 PA 491.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 45. (1) Except as otherwise provided for in this
subsection,
the agency shall electronically submit the a proposed
rule to the legislative service bureau for its formal
certification.
The submission to the legislative service bureau for
formal
certification shall be in the form of electronic
transmission.
If requested by the legislative
service bureau, the
office
of regulatory reform reinvention
shall also transmit up to 4
paper copies of the proposed rule. The legislative service bureau
shall
promptly issue a certificate of approval indicating a
determination
that a whether the proposed rule is proper as to all
matters of form, classification, and arrangement. If the
legislative service bureau fails to issue a certificate of approval
within 21 calendar days after receipt of the submission for formal
certification,
the office of regulatory reform reinvention
may
issue
a certificate of approval. If the submission to the
legislative
service bureau is returned by the legislative service
bureau
returns the submission to the agency before the expiration
of the 21-calendar-day time period, the 21-calendar-day time period
is tolled until the rule is resubmitted by the agency. The
legislative service bureau shall have the remainder of the 21-
calendar-day time period or 6 calendar days, whichever is longer,
shall
be available for consideration by the legislative service
bureau
for to consider the formal certification of the rule. The
office
of regulatory reform reinvention may approve a proposed rule
if it considers the proposed rule to be legal and appropriate.
(2) Except as provided in subsection (6), after notice is
given as provided in this act and before the agency proposing the
rule has formally adopted the rule, the agency shall prepare an
agency report containing a synopsis of the comments contained in
the public hearing record and a copy of the request for rule-making
and the regulatory impact statement required under subsection (3).
In the report, the agency shall describe any changes in the
proposed rules that were made by the agency after the public
hearing.
The office of regulatory reform reinvention
shall transmit
by notice of transmittal to the committee copies of the rule, the
agency reports containing the request for rule-making, a copy of
the regulatory impact statement, and certificates of approval from
the
legislative service bureau and the office of regulatory reform
reinvention. The office of regulatory reform reinvention shall also
electronically submit a copy of the rule, any agency reports
required under this subsection, any regulatory impact statements
required under subsection (3), and any certificates of approval
required under subsection (1) to the committee. The agency shall
electronically transmit to the committee the records described in
this subsection within 1 year after the date of the last public
hearing on the proposed rule unless the proposed rule is a
resubmission under section 45a(7).
(3)
Except for a rule promulgated under sections 33, 44, and
48
as provided in subsection (6), the an agency shall prepare and
include
with the a notice of transmittal under subsection (2) the
request for rule-making and the response from the office of
regulatory reinvention, a small business impact statement prepared
under
section 40(1), and a regulatory impact
statement. containing
The regulatory impact statement shall contain all of the following
information:
(a) A comparison of the proposed rule to parallel federal
rules or standards set by a state or national licensing agency or
accreditation association, if any exist.
(b) A comparison of the proposed rule to standards in other
states in the Great Lakes region and a statement of whether the
rule exceeds standards in those states.
(c) (b)
An identification of the behavior
and frequency of
behavior that the rule is designed to alter.
(d) (c)
An identification of the harm
resulting from the
behavior that the rule is designed to alter and the likelihood that
the harm will occur in the absence of the rule.
(e) (d)
An estimate of the change in the
frequency of the
targeted behavior expected from the rule.
(f) (e)
An identification of the businesses,
groups, or
individuals who will be directly affected by, bear the cost of, or
directly benefit from the rule.
(g) (f)
An identification of any reasonable
alternatives to
regulation pursuant to the proposed rule that would achieve the
same or similar goals.
(h) (g)
A discussion of the feasibility of
establishing a
regulatory program similar to that proposed in the rule that would
operate through market-based mechanisms.
(i) (h)
An estimate of the cost of rule
imposition on the
agency promulgating the rule.
(j) (i)
An estimate of the actual statewide
compliance costs
of the proposed rule on individuals.
(k) (j)
An estimate of the actual statewide
compliance costs
of the proposed rule on businesses and other groups.
(l) (k)
An identification of any
disproportionate impact the
proposed rule may have on small businesses because of their size.
(m) (l) An
identification of the nature of any report and the
estimated cost of its preparation by small business required to
comply with the proposed rule.
(n) (m)
An analysis of the costs of
compliance for all small
businesses affected by the proposed rule, including costs of
equipment, supplies, labor, and increased administrative costs.
(o) (n)
An identification of the nature and
estimated cost of
any legal consulting and accounting services that small businesses
would incur in complying with the proposed rule.
(p) (o)
An estimate of the ability of small
businesses to
absorb
the costs estimated under subdivisions (l) through (n) (m) to
(o) without suffering economic harm and without adversely affecting
competition in the marketplace.
(q) (p)
An estimate of the cost, if any, to
the agency of
administering or enforcing a rule that exempts or sets lesser
standards for compliance by small businesses.
(r) (q)
An identification of the impact on
the public interest
of exempting or setting lesser standards of compliance for small
businesses.
(s) (r)
A statement describing the manner
in which the agency
reduced the economic impact of the rule on small businesses or a
statement describing the reasons such a reduction was not feasible.
(t) (s)
A statement describing whether
and how the agency has
involved small businesses in the development of the rule.
(u) (t)
An estimate of the primary and
direct benefits of the
rule.
(v) (u)
An estimate of any cost reductions
to businesses,
individuals, groups of individuals, or governmental units as a
result of the rule.
(w) (v)
An estimate of any increase in
revenues to state or
local governmental units as a result of the rule.
(x) (w)
An estimate of any secondary or
indirect benefits of
the rule.
(y) (x)
An identification of the sources
the agency relied
upon in compiling the regulatory impact statement, including the
methodology utilized in determining the existence and extent of the
impact of a proposed rule and a cost-benefit analysis of the
proposed rule.
(z) A detailed recitation of the efforts of the agency to
comply with the mandate to reduce the disproportionate impact of
the rule upon small businesses as described in section 40(1)(a) to
(d).
(aa) (y)
Any other information required by
the office of
regulatory
reform reinvention.
(4) The agency shall electronically transmit the regulatory
impact statement required under subsection (3) to the office of
regulatory
reform reinvention at least 28 days before the public
hearing required pursuant to section 42. Before the public hearing
can be held, the regulatory impact statement must be reviewed and
approved
by the office of regulatory reform reinvention. The agency
shall also electronically transmit a copy of the regulatory impact
statement to the committee before the public hearing and the agency
shall make copies available to the public at the public hearing.
The agency shall publish the regulatory impact statement on its
website at least 10 days before the date of the public hearing.
(5) The committee shall electronically transmit to the senate
fiscal agency and the house fiscal agency a copy of each rule and
regulatory impact statement filed with the committee, as well as a
copy of the agenda identifying the proposed rules to be considered
by the committee. The senate fiscal agency and the house fiscal
agency shall analyze each proposed rule for possible fiscal
implications that, if the rule were adopted, would result in
additional appropriations in the current fiscal year or commit the
legislature to an appropriation in a future fiscal year. The senate
fiscal agency and the house fiscal agency shall electronically
report their findings to the senate and house appropriations
committees and to the committee before the date of consideration of
the proposed rule by the committee.
(6) Subsections (2), (3), and (4) do not apply to a rule that
is
promulgated under sections section
33, 44, and or 48.
