SB-0435, As Passed Senate, June 17, 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 435

 

 

April 2, 2009, Introduced by Senators PAPPAGEORGE, KUIPERS, SANBORN, GILBERT, RICHARDVILLE, CROPSEY, PATTERSON, McMANUS, BROWN, JELINEK, GEORGE, JANSEN, ALLEN and KAHN and referred to the Committee on Economic Development and Regulatory Reform.

 

 

 

     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 all existing rules promulgated

 

by the agency and whether those rules should be continued, changed,

 

or rescinded considering the statutory and public policy purpose of

 

the rules, the rules it reasonably expects to process in the next

 

year, the mandatory statutory rule authority it has not exercised,

 


Senate Bill No. 435 as amended June 16, 2009

 

and the rules it expects to rescind in the next year.

 

     (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.

 

     (4) Within 5 years after the effective date of any new rules

 

promulgated by an agency after the effective date of the amendatory

 

act that added this subsection 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 appropriate standing committees of

 

the senate and the house of representatives having jurisdiction

 

over the subject matter shall review each set of rules to determine

 

whether there is any increased impact on <<businesses, including small

businesses,>> since the

 

effective date of those rules. After the first review under this

 

subsection of new or existing rules, the agency and the appropriate

 

standing committees of the senate and the house of representatives

 

having jurisdiction over the subject matter shall review rules on

 

the 5-year anniversary of the initial review and every 5 years

 

thereafter. 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.

 

     (5) (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.