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MI SB0434

Bill

Status

Engrossed

6/17/2009

Primary Sponsor

Mark Jansen

Click for details

Origin

Senate

95th Legislature

AI Summary

  • Prohibits agencies from promulgating rules more stringent than applicable federal standards unless specifically authorized by statute, and requires agencies implementing federally delegated programs to adopt federal standards unless a more efficient process is authorized.

  • Establishes that guidelines, operational memoranda, bulletins, interpretive statements, and forms with instructions are merely advisory and cannot be given the force of law or relied upon by agencies or courts to support agency decisions subject to judicial review.

  • Requires agencies proposing rules with disproportionate impact on small businesses to consider exemptions and implement all feasible measures to reduce economic impact, including identifying affected small businesses, establishing differing compliance requirements, simplifying reporting, and establishing performance standards.

  • Classifies small businesses into three categories (0-9, 10-49, and 50-249 full-time employees) for purposes of regulatory impact analysis and mandates that specified factors be addressed in small business impact statements.

  • Allows persons to bring civil actions for damages in circuit court if an agency violates rule-processing requirements under Chapter 3, with courts authorized to award up to 10 times permit fees plus actual and reasonable costs for witness and attorney fees.

Legislative Description

Administrative procedure; rules; use of certain orders, bulletins, and guidelines; establish limit and provide for regulatory flexibility for small businesses. Amends secs. 3, 32, 39, 40, 43, 45, 61 & 64 of 1969 PA 306 (MCL 24.203 et seq.). TIE BAR WITH: SB 0013'09, SB 0431'09

State agencies (existing), energy, labor, and economic growth

Last Action

Referred To Committee On Great Lakes And Environment

6/17/2009

Committee Referrals

Great Lakes And Environment6/17/2009
Economic Development & Regulatory Reform4/2/2009

Full Bill Text

No bill text available