June 2, 2010, Introduced by Rep. LeBlanc and referred to the Committee on Judiciary.
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending section 45a (MCL 24.245a), as amended by 2004 PA 491.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 45a. (1) Except as otherwise provided for in subsections
(7) and (8), after receipt by the committee of the notice of
transmittal
specified in section 45(2), the committee has 15 25
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 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 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 effect immediately upon its filing 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 Twenty-five 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 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
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 effect immediately upon
filing with the secretary of state unless a later date is specified
within the rule.
(6) If the legislation introduced pursuant to subsection (3)
is enacted by the legislature and presented to the governor within
the
15-session-day 25-session-day
period, the rules do not become
effective 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 immediately. The rule shall take effect 7 days after
the date of its filing 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 25-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
25-session-day time period described in subsection (1)
shall begin upon resubmission of the rule to the committee for
consideration.
(8) Subsections (1) through (5) do not apply to rules adopted
under sections 33, 44, and 48.
(9) As used in this section only, "session day" means each day
in which both the house of representatives and the senate convene
in session.