Bill Summary – FastDemocracy

HOUSE BILL NO. 5668
     April 25, 2024, Introduced by Reps. Meerman, Kuhn, Maddock, Schuette, Hall, Outman, BeGole,
       Borton, Markkanen, Kunse, Thompson, DeBoyer, Harris, Tisdel, Wozniak, DeBoer, Zorn,
       Alexander, Slagh, Bezotte, Bruck, Martin, VanderWall, Aragona, Neyer, Fox, Bierlein,
       Paquette and Beson and referred to the Committee on Government Operations.
          A bill to amend 1969 PA 306, entitled
    "Administrative procedures act of 1969,"
    by amending sections 8 and 31 (MCL 24.208 and 24.231), section 8 as
    amended by 2004 PA 23 and section 31 as amended by 1989 PA 288, and
    by adding section 47a.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 8. (1) The Michigan office of regulatory reform
 administrative hearings and rules shall publish the Michigan
 register Register at least once each month. The Michigan register
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 shall Register must contain all of the following:
       (a) Executive orders and executive reorganization orders.
       (b) On a cumulative basis, the numbers and subject matter of
 the enrolled senate and house of representatives bills signed into
 law by the governor during the calendar year and the corresponding
 public act numbers.
       (c) On a cumulative basis, the numbers and subject matter of
 the enrolled senate and house of representatives bills vetoed by
 the governor during the calendar year.
       (d) Proposed administrative rules.
       (e) Notices of public hearings on proposed administrative
 rules.
       (f) Administrative rules filed with the secretary of state.
       (g) Emergency rules filed with the secretary of state.
       (h) Notice of proposed and adopted agency guidelines.
       (i) Other official information considered necessary or
 appropriate by the Michigan office of regulatory
 reform.administrative hearings and rules.
       (j) Attorney general opinions.
       (k) All of the items listed in section 7(m) after final
 approval by the certificate of need commission under section 22215
 of the public health code, 1978 PA 368, MCL 333.22215.
       (l) The rule review list described under section 47a(2).
       (m) The notice of deficient report described under section
 47a(7).
       (2) The Michigan office of regulatory reform administrative
 hearings and rules shall publish a cumulative index for the
 Michigan register.Register.
       (3) The Michigan register shall Register must be available for
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 public subscription at a fee reasonably calculated to cover
 publication and distribution costs.
       (4) If publication of an agency's proposed rule or guideline
 or an item described in subsection (1)(k) would be unreasonably
 expensive or lengthy, the Michigan office of regulatory reform
 administrative hearings and rules may publish a brief synopsis of
 the proposed rule or guideline or item described in subsection
 (1)(k), including information on how to obtain a complete copy of
 the proposed rule or guideline or item described in subsection
 (1)(k) from the agency at no cost.
       (5) An agency shall electronically transmit a copy of the
 proposed rules and notice of public hearing to the Michigan office
 of regulatory reform administrative hearings and rules for
 publication in the Michigan register.Register.
       Sec. 31. (1) Rules which became effective before July 1, 1970
 continue in effect until amended or rescinded.
       (2) When a law authorizing or directing an agency to
 promulgate rules is repealed and substantially the same rule-making
 power or duty is vested in the same or a successor agency by a new
 provision of law or the function of the agency to which the rules
 are related is transferred to another agency, by law or executive
 order, the existing rules of the original agency relating thereto
 continue in effect until amended or rescinded, and the agency or
 successor agency may rescind any rule relating to the function.
 When a law creating an agency or authorizing or directing it to
 promulgate rules is repealed or the agency is abolished and
 substantially the same rule-making power or duty is not vested in
 the same or a successor agency by a new provision of law and the
 function of the agency to which the rules are related is not
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 transferred to another agency, the existing applicable rules of the
 original agency are automatically rescinded as of the effective
 date of the repeal of such law or the abolition of the agency.
       (3) The rescission of a rule does not revive a rule which was
 previously rescinded.
       (4) The amendment or rescission of a valid rule does not
 defeat or impair a right accrued, or affect a penalty incurred,
 under the rule.
       (5) Except in the case of the amendment of rules concerning
 inmates as described in section 7(k), a rule may be amended or
 rescinded by another rule which constitutes the whole or a part of
 a filing of rules or as a result of an act of the legislature.
       (6) A rule is automatically rescinded under section 47a(7)
 when the Michigan office of administrative hearings and rules
 provides notice to the secretary of state.
       Sec. 47a.(1) By January 31, 2025, and by each January 31
 thereafter, each agency that has promulgated rules or that is the
 successor to an agency that promulgated rules shall select for
 review 20% of those rules currently in effect and submit a list of
 the selected rules to the Michigan office of administrative
 hearings and rules. Each rule must be reviewed at least once every
 5 years.
       (2) Using the lists submitted under subsection (1), the
 Michigan office of administrative hearings and rules shall publish
 a rule review list in the Michigan Register under section 8. The
 rule review list must include all of the following information:
       (a) All the rules being reviewed.
       (b) A statement that a person may submit to the agency that
 promulgated the rule any comments concerning the rule being
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 reviewed within 60 days after the rule review list is published in
 the Michigan Register. Each comment filed must contain the
 following information:
       (i) The name of the person submitting the comment.
       (ii) A specification of the rule or rules being commented on.
       (iii) Any views or arguments regarding the rule or rules being
 commented on.
       (c) The address to which written comments may be sent and the
 date by which comments must be mailed or electronically submitted.
       (3) The comments submitted under subsection (2)(b) must be
 submitted to the agency that promulgated the rule or rules the
 comment is concerning.
       (4) By January 31 in the year following the year the rule
 review list under subsection (2) was published in the Michigan
 Register, each agency shall prepare and submit a rule report that
 contains all of the following information:
       (a) Whether each rule is necessary, outdated, or duplicative.
       (b) Whether a less restrictive, more narrowly tailored, or
 alternative rule could adequately accomplish the same purpose.
       (c) Whether each rule should be updated or rescinded.
       (d) The fiscal impact of each rule on the agency that
 promulgated the rule.
       (e) The fiscal impact of each rule on businesses and
 individuals, as applicable, including whether the rule has a
 disproportionate impact on businesses of a certain size, within a
 certain industry, or in a certain geographic area or areas of this
 state.
       (f) The fiscal impact of the rule on local governments.
       (g) A list of the comments received under subsection (2)(b)
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 and the agency's response to each comment, as applicable.
       (h) Whether the legislature explicitly delegated statutory
 authority for promulgating the rule.
       (i) If the legislature delegated statutory authority under
 subdivision (h), if the statutory delegation is general or specific
 and mandatory or permissive.
       (j) Whether each rule has caused wage loss, job loss, or a
 restriction on jobs in high need fields. As used in this
 subdivision, "high need fields" means those jobs in essential
 industries as identified through the future for frontliners program
 operated by the department of labor and economic opportunity.
       (5) The rule report under subsection (4) must be made
 available on the agency's website and provided to all of the
 following:
       (a) The committee.
       (b) The governor.
       (c) The standing committees of the senate and house of
 representatives with primary responsibilities for issues pertaining
 to the agency.
       (d) The auditor general.
       (e) The appropriations committees of the senate and house of
 representatives.
       (f) The appropriations subcommittees with primary
 responsibilities for issues pertaining to the agency.
       (6) The committee shall electronically provide a copy of the
 rule report under subsection (4) not later than the next business
 day after receipt of the rule report from the agency, to the
 members of the committee.
       (7) If an agency fails to include in the rule report under
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 subsection (4) a rule that was subject to review, within 14 days,
 the committee shall notify the Michigan office of administrative
 hearings and rules of the deficient report. The Michigan office of
 administrative hearings and rules shall publish a notice of
 deficient report in the Michigan Register under section 8. Within
 14 days after the notice of deficient report is published, the
 agency that submitted the deficient report shall submit a new
 report, in the same manner as described under subsections (4) and
 (5), that corrects the deficiencies. If the agency fails to submit
 a new report, within 60 days after the notice of deficient report
 is published, any rule that was not included in the report and was
 not corrected in a new report is automatically rescinded. The
 Michigan office of administrative hearings and rules shall provide
 notice to the secretary of state of any rule that is rescinded
 under this subsection.
       (8) By January 15, 2027, and by each January 15 thereafter,
 the auditor general shall conduct a performance audit of and
 provide a performance report on any rule report submitted under
 subsection (4). The performance report must be submitted to the
 governor, the leadership of the senate and house of
 representatives, the committee, all standing committees, the
 appropriations committees of the senate and house of
 representatives, and the public by posting the report on the
 auditor general's website. The performance report must contain all
 of the following information:
       (a) Whether the department reviewed all required rules.
       (b) Whether the department's findings regarding statutory
 delegation of authority on each rule were correct.
       (c) Whether or not the department's recission of duplicative,
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 outdated, or unnecessary rules was timely.
       (d) Any other information that is relevant to help the
 legislature determine whether the regulatory review process is
 working efficiently and effectively.
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Statutes affected: 
House Introduced Bill: 24.208, 24.231