SENATE BILL NO. 1279


   September 16, 1998, Introduced by Senators SCHUETTE, SHUGARS and
        JAYE and referred to the Committee on Hunting, Fishing and
        Forestry.



        A bill to amend 1969 PA 306, entitled

   "Administrative procedures act of 1969,"

   by amending section 3 (MCL 24.203), as amended by 1988 PA 277.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 3.  (1) "Adoption of a rule" means that step in the

 2    processing of a rule consisting of the formal action of an agency

 3    establishing a rule before its promulgation.

 4         (2) "Agency" means a state department, bureau, division,

 5    section, board, commission, trustee, authority or officer, cre-

 6    ated by the constitution, statute, or agency action.  AGENCY

 7    INCLUDES A COUNTY CONCEALED WEAPON LICENSING BOARD CREATED UNDER

 8    SECTION 6 OF 1927 PA 372, MCL 28.426. Agency does not include an

 9    agency in the legislative or judicial branch of state government,

10    the governor, an agency having direct governing control over an

11    institution of higher education, the state civil service


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 1    commission, or an association of insurers created under the

 2    insurance code of 1956,  Act No. 218 of the Public Acts of
             1956,

 3     being sections 500.100 to 500.8302 of the Michigan Compiled
                       Laws 

 4    1956 PA 218, MCL 500.100 TO 500.8302, or other association or

 5    facility formed under  Act No. 218 of the Public Acts of
             1956 

 6    THE INSURANCE CODE OF 1956, 1956 PA 218, MCL 500.100 TO 500.8302,

 7    as a nonprofit organization of insurer members.

 8         (3) "Contested case" means a proceeding, including

 9    rate-making, price-fixing, and licensing, in which a determina-

10    tion of the legal rights, duties, or privileges of a named party

11    is required by law to be made by an agency after an opportunity

12    for an evidentiary hearing.  When a hearing is held before an

13    agency and an appeal from its decision is taken to another

14    agency, the hearing and the appeal are deemed to be a continuous

15    proceeding as though before a single agency.

16         (4) "Committee" means the joint committee on administrative

17    rules.

18         (5) "Court" means the circuit court.

19         (6) "Guideline" means an agency statement or declaration of

20    policy  which  THAT the agency intends to follow,
              which  THAT

21    does not have the force or effect of law, and  which
              THAT binds

22    the agency but does not bind any other person.













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