March 9, 2006, Introduced by Reps. Baxter, Amos, Mortimer, Marleau and Sheltrown and referred to the Committee on Commerce.
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending section 53 (MCL 24.253), as amended by 2004 PA 23.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 53. (1) Each agency shall prepare an annual regulatory
plan that reviews the agency's rules. The annual regulatory plan
shall
be electronically transmitted to the state
office of
regulatory
reform administrative
hearings and rules.
(2) In completing the annual regulatory plan required by this
section, the agency shall identify the rules it reasonably expects
to process in the next year, the mandatory statutory rule authority
it has not exercised, and the rules it expects to rescind in the
next year. The agency shall also issue a report stating or
describing all existing rules promulgated by the agency and shall
indicate whether the rules should be continued, changed, or
rescinded considering the statutory and public policy purpose of
the rules and their effect on small businesses.
(3)
The annual regulatory plans completed pursuant to this
section
are advisory only and do not otherwise bind the agency or
in
any way prevent additional action.
(3) Within 5 years after the effective date of any rules
promulgated by an agency or 4 years after the effective date of the
amendatory act that added this subsection for rules in effect on
the effective date of the amendatory act that added this
subsection, an agency and the appropriations committees of the
senate and the house of representatives shall review each set of
rules to ensure that they minimize the impact on small businesses.
The review shall state the following:
(a) The continued need for the rules.
(b) The nature of any complaints or comments received from the
public concerning the rules.
(c) The complexity of complying with the rules.
(d) The extent to which the rules conflict with or duplicate
similar rules or regulations adopted by the federal government or
local units of government.
(e) The date of the last evaluation of the rules and the
degree, if any, to which technology, economic conditions, or other
factors have changed regulatory activity covered by the rules. The
agency shall also issue a report stating or describing all existing
rules promulgated by the agency and shall indicate whether the
rules should be continued, changed, or rescinded considering the
statutory and public policy purpose of the rules.
(4) Annual regulatory plans completed under subsection (1)
shall
be electronically filed with the state
office of regulatory
reform
administrative hearings and
rules by July 1 of each year.
After
the state office of regulatory reform administrative
hearings and rules approves the plan for review, the state office
of
regulatory reform administrative
hearings and rules shall
electronically provide a copy of the plan of review to the
committee. The committee shall electronically provide a copy of
each agency plan of review, not later than the next business day
after receipt of the plan of review from the state office of
regulatory
reform administrative hearings
and rules, to members of
the committee and to members of the standing committees of the
senate and house of representatives that deal with the subject
matter of rules the agency may propose.
(5) If an agency determines that a review of rules cannot be
completed within the time periods described in this section, the
agency shall electronically notify the chair of the committee and
other members of the committee for acquiescence of an extension of
time to complete the review. The committee shall extend the review
in 1-year increments but not more than 5 years in total.