Bill Text: MI SB1014 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Administrative procedure; rules; rules promulgated under medical marihuana facilities licensing act; exempt from administrative procedures act. Amends sec. 7 of 1969 PA 306 (MCL 24.207). TIE BAR WITH: HB 4209'15
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2016-09-08 - Referred To Committee On Judiciary [SB1014 Detail]
Download: Michigan-2015-SB1014-Engrossed.html
SB-1014, As Passed Senate, September 8, 2016
SENATE BILL No. 1014
June 7, 2016, Introduced by Senator JONES and referred to the Committee on Judiciary.
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending section 7 (MCL 24.207), as amended by 2011 PA 52.
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
which that was promulgated before December 4, 1986, is a
rule and remains in effect until rescinded but shall 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 community 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.
(n)
A policy developed by the family independence agency
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.
(o)
A policy developed by the family independence agency
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.
(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.
(q)
A policy developed by the department of community 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.
(r) A rule or order promulgated or issued before January 1,
2017 under authority granted by the medical marihuana facilities
licensing act.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless House Bill No. 4209 of the 98th Legislature is enacted into
law.
