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or rescinded considering the statutory and public policy purpose of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,
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 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.