HOUSE BILL No. 5842


     May 24, 2000, Introduced by Rep. Tabor and referred to the Committee on Conservation and Outdoor Recreation.


        A bill to amend 1969 PA 306, entitled

   "Administrative procedures act of 1969,"

   by amending section 7 (MCL 24.207), as amended by 1999 PA 262.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 7.  "Rule" means an agency regulation, statement, stan-

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      dard, policy, ruling, or instruction of general applicability

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      that implements or applies law enforced or administered by the

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      agency, or that prescribes the organization, procedure, or prac-

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      tice of the agency, including the amendment, suspension, or

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      rescission of the law enforced or administered by the agency.

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      Rule does not include any of the following:

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           (a) A resolution or order of the state administrative

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      board.

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           (b) A formal opinion of the attorney general.




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           (c) A rule or order establishing or fixing rates or

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      tariffs.

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           (d)  A rule or order pertaining to game and fish and promul-

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      gated under parts 401, 411, and 487  AN ORDER ISSUED UNDER PART

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      401 OR 481 of the natural resources and environmental protection

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      act, 1994 PA 451, MCL 324.40101 to 324.40119,  324.41101 to

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      324.41105, and 324.48701 to 324.48740  OR 324.48101 TO

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      324.48141.

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           (e) A rule relating to the use of streets or highways, the

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      substance of which is indicated to the public by means of signs

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      or signals.

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           (f) A determination, decision, or order in a contested

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      case.

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           (g) An intergovernmental, interagency, or intra-agency memo-

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      randum, directive, or communication that does not affect the

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      rights of, or procedures and practices available to, the public.

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           (h) A form with instructions, an interpretive statement, a

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      guideline, an informational pamphlet, or other material that in

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      itself does not have the force and effect of law but is merely

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      explanatory.

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           (i) A declaratory ruling or other disposition of a particu-

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      lar matter as applied to a specific set of facts involved.

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           (j) A decision by an agency to exercise or not to exercise a

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      permissive statutory power, although private rights or interests

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      are affected.

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           (k) Unless another statute requires a rule to be promulgated

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      under this act, a rule or policy that only concerns the inmates



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      of a state correctional facility and does not directly affect

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      other members of the public, except that a rule that only con-

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      cerns inmates which was promulgated before December 4, 1986,

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      shall be considered a rule and shall remain in effect until

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      rescinded but shall not be amended.  As used in this subdivision,

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      "state correctional facility" means a facility or institution

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      that houses an inmate population under the jurisdiction of the

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      department of corrections.

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           (l) All of the following, after final approval by the cer-

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      tificate of need commission or the statewide health coordinating

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      council under section 22215 or 22217 of the public health code,

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      1978 PA 368, MCL 333.22215 and 333.22217:

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           (i) The designation, deletion, or revision of covered medi-

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      cal equipment and covered clinical services.

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           (ii) Certificate of need review standards.

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           (iii) Data reporting requirements and criteria for determin-

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      ing health facility viability.

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           (iv) Standards used by the department of community health in

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      designating a regional certificate of need review agency.

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           (v) The modification of the 100 licensed bed limitation for

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      short-term nursing care programs set forth in section 22210 of

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      the public health code, 1978 PA 368, MCL 333.22210.

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           (m) A policy developed by the family independence agency

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      under section 6(3) of the social welfare act, 1939 PA  250  280,

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      MCL 400.6, setting income and asset limits, types of income and

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      assets to be considered for eligibility, and payment standards

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      for administration of assistance programs under that act.



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           (n) A policy developed by the family independence agency

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      under section 6(4) of the social welfare act, 1939 PA 280,

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      MCL 400.6, to implement requirements that are mandated by federal

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      statute or regulations as a condition of receipt of federal

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      funds.

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           (o) The provisions of an agency's contract with a public or

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      private entity including, but not limited to, the provisions of

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      an agency's standard form contract.

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           (p) A policy developed by the department of community health

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      under the authority granted in section 111a of the social welfare

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      act, 1939 PA 280, MCL 400.111a, to implement policies and proce-

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      dures necessary to operate its health care programs in accordance

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      with an approved state plan or in compliance with state statute.

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           Enacting section 1.  This amendatory act does not take

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      effect unless Senate Bill No. _____ or House Bill No. 5841

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      (request no. 02831'99 *) of the 90th Legislature is enacted into

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      law.























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