Bill Text: MI SB0274 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Administrative procedure; joint committee; authority of joint committee on administrative rules; clarify. Amends secs. 35 & 45a of 1969 PA 306 (MCL 24.235 & 24.245a).
Spectrum: Partisan Bill (Republican 21-0)
Status: (Passed) 2011-12-13 - Assigned Pa 0245'11 With Immediate Effect [SB0274 Detail]
Download: Michigan-2011-SB0274-Introduced.html
SENATE BILL No. 274
March 17, 2011, Introduced by Senators PAPPAGEORGE, KOWALL, NOFS, MARLEAU, CASWELL, COLBECK, BOOHER, PROOS, KAHN and SCHUITMAKER and referred to the Committee on Economic Development.
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending sections 35 and 45a (MCL 24.235 and 24.245a), section
35 as amended by 1995 PA 178 and section 45a as amended by 2004 PA
491.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 35. (1) The joint committee on administrative rules is
created and consists of 5 members of the senate and 5 members of
the house of representatives appointed in the same manner as
standing committees are appointed for terms of 2 years. Of the 5
members in each house, 3 shall be from the majority party and 2
shall be from the minority party. The chairperson of the committee
shall alternate between houses each year. Members of the committee
shall serve without compensation but shall be reimbursed for
expenses incurred in the business of the committee. The expenses of
the members of the senate shall be paid from appropriations to the
senate and the expenses of the members of the house of
representatives shall be paid from appropriations to the house of
representatives. The committee may meet during a session of the
legislature and during an interim between sessions. The committee
may hold a hearing on a rule transmitted to the committee, any rule
previously filed with the secretary of state, or any other matter
the committee considers appropriate. Action by the committee,
including action taken under section 52, shall be by concurring
majorities of the members from each house. The committee shall
report its activities and recommendations to the legislature at
each regular session.
(2) The committee may hire staff to assist the committee under
this act. However, the supervision of staff, budgeting,
procurement, and related functions of the committee shall be
performed by the council administrator under section 104a of the
legislative
council act, Act No. 268 of the Public Acts of 1986,
being
section 4.1104a of the Michigan Compiled Laws 1986 PA 268,
MCL 4.1104a.
Sec.
45a. (1) Except as otherwise provided for in subsections
(7)
and (8) to (9), after receipt by the committee of has received
the notice of transmittal specified in section 45(2), the committee
has 15 session days in which to consider the rule and to object to
the rule by filing a notice of objection approved by a concurrent
majority of the committee members or the committee may, by
concurrent majority, waive the remaining session days. If the
committee waives the remaining session days, the clerk of the
committee
shall promptly notify the state office of regulatory
reform
administrative hearings and
rules of the waiver by
electronic
transmission. A The
committee may only approve a notice
of
objection may only be approved by the committee if the committee
affirmatively determines by a concurrent majority that 1 or more of
the following conditions exist:
(a) The agency lacks statutory authority for the rule.
(b) The agency is exceeding the statutory scope of its rule-
making authority.
(c) There exists an emergency relating to the public health,
safety, and welfare that would warrant disapproval of the rule.
(d)
The rule is in conflict conflicts
with state law.
(e) A substantial change in circumstances has occurred since
enactment of the law upon which the proposed rule is based.
(f) The rule is arbitrary or capricious.
(g) The rule is unduly burdensome to the public or to a
licensee licensed by the rule.
(2) If the committee does not file a notice of objection
within the time period prescribed in subsection (1) or if the
committee waives the remaining session days by concurrent majority,
the
state office of regulatory reform administrative hearings and
rules may immediately file the rule, with the certificate of
approval required under section 45(1), with the secretary of state.
The
rule shall take takes effect immediately upon its filing with
the secretary of state unless a later date is indicated within the
rule.
(3) If the committee files a notice of objection within the
time period prescribed in subsection (1), the committee chair, the
alternate chair, or any member of the committee shall cause bills
to be introduced in both houses of the legislature simultaneously.
Each house shall place the bill or bills directly on its calendar.
The bills shall contain 1 or more of the following:
(a) A rescission of a rule upon its effective date.
(b) A repeal of the statutory provision under which the rule
was authorized.
(c) A bill staying the effective date of the proposed rule for
up to 1 year.
(4) The notice of objection filed under subsection (3) stays
the
ability of the state office of regulatory reform administrative
hearings and rules to file the rule with the secretary of state
until the earlier of the following:
(a) Fifteen session days after the notice of objection is
filed under subsection (3).
(b) The date of the rescission of the issuance of the notice
of objection, approved by a concurrent majority of the committee
members. The committee may meet to rescind the issuance of the
notice of objection under this subdivision. If the committee
rescinds the issuance of a notice of objection under this
subdivision, the clerk of the committee shall promptly notify the
state
office of regulatory reform administrative hearings and rules
by electronic transmission of the recission.
(5)
If the legislation introduced pursuant to under subsection
(3) is defeated in either house and if the vote by which the
legislation failed to pass is not reconsidered in compliance with
the
rules of that house, or if legislation introduced pursuant to
under subsection (3) is not adopted by both houses within the time
period
specified in subsection (4), the state
office of regulatory
reform
administrative hearings and
rules may file the rule with the
secretary
of state. The rule shall take takes
effect immediately
upon its filing with the secretary of state unless a later date is
specified within the rule.
(6)
If the legislation introduced pursuant to under subsection
(3) is enacted by the legislature and presented to the governor
within
the 15-session-day period, the rules do rule does not become
effective
take effect unless the legislation is vetoed by the
governor as provided by law. If the governor vetoes the
legislation,
the state office of regulatory reform administrative
hearings
and rules may file the rules rule with the secretary of
state
immediately. The rule shall take takes effect
7 days after
the date of its filing with the secretary of state unless a later
effective date is indicated within the rule.
(7) An agency may withdraw a proposed rule under the following
conditions:
(a) With permission of the committee chair and alternate
chair, the agency may withdraw the rule and resubmit it. If
permission to withdraw is granted, the 15-session-day time period
described in subsection (1) is tolled until the rule is
resubmitted, except that the committee shall have at least 6
session days after resubmission to consider the resubmitted rule.
(b) Without permission of the committee chair and alternate
chair, the agency may withdraw the rule and resubmit it. If
permission to withdraw is not granted, a new and untolled 15-
session-day time period described in subsection (1) shall begin
upon resubmission of the rule to the committee for consideration.
(8)
Subsections (1) through to
(5) do not apply to rules
adopted under sections 33, 44, and 48.
(9) An agency shall withdraw any rule pending before the
committee at the final adjournment of a regular session held in an
even numbered year and resubmit that rule. A new and untolled 15-
session-day time period described in subsection (1) shall begin
upon resubmission of the rule to the committee for consideration.
(10) (9)
As used in this section only,
"session day" means
each
a day in which both the house of representatives and
the
senate convene in session and a quorum is recorded.
