HB-4500, As Passed Senate, November 10, 2011

SUBSTITUTE FOR

HOUSE BILL NO. 4500

     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 office of regulatory

reform reinvention.

     (2) In completing the annual regulatory plan required by this

section, the agency shall identify the rules the agency expects to

review under subsection (4) in the next year, 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.

     (3) The annual regulatory plans completed pursuant to under

this section are advisory only and do not otherwise bind the agency

or in any way prevent additional action.

     (4) In completing a review of rules pursuant to the annual

regulatory plans under this section, first priority shall be given

to those rules that directly affect the greatest number of

businesses, groups, and individuals and those rules that have the

greatest actual statewide compliance costs for businesses, groups,

and individuals. A review of rules under this subsection shall

state the following:

     (a) Whether there is a continued need for the rules.

     (b) A summary of any complaints or comments received from the

public concerning the rules.

     (c) The complexity of complying with the rules.

     (d) Whether 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.

(5) (4) Annual regulatory plans completed under subsection (1)

shall be electronically filed with the office of regulatory reform

reinvention by July 1 of each year. After the office of regulatory

reform reinvention approves the plan for review, the office of

regulatory reform reinvention 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 office of regulatory reform, reinvention, 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.

     (6) Each agency shall provide on its website a link to the

website of the office of regulatory reinvention.