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MI SB1142

Bill

Status

Introduced

2/23/2010

Primary Sponsor

John Gleason

Click for details

Origin

Senate

95th Legislature

AI Summary

Senate Bill 1142 Summary

  • Amends the Administrative Procedures Act of 1969 to require agencies proposing rules with disproportionate impact on small businesses to reduce that impact through differing compliance requirements, simplified reporting, performance standards, or exemptions when lawful and feasible.

  • Establishes small business classifications by full-time employee count (0-9, 10-49, 50-249) that agencies may use when tailoring rules to reduce economic burden on smaller firms.

  • Requires comprehensive regulatory impact statements including analysis of costs to small businesses, affected populations, alternatives to regulation, and compliance burden; statement must be reviewed and approved before public hearing can occur.

  • Creates new certification requirement for the State Office of Administrative Hearings and Rules to assess whether proposed rules comply with Article IX, Section 29 of the Michigan Constitution regarding unfunded mandates on local units of government, with non-compliant rules blocked from transmittal to the legislative committee.

  • Establishes 15-session-day review period for the legislative committee to object to proposed rules on specified grounds including lack of statutory authority, conflict with state law, or being arbitrary and capricious; committee objection triggers legislative process allowing house and senate to rescind, repeal, or delay the rule.

Legislative Description

Administrative procedure; rules; delegation of legislative authority that exceeds statutory or constitutional prohibition against unfunded mandates; nullify under certain circumstances. Amends secs. 40, 44, 45 & 45a of 1969 PA 306 (MCL 24.240 et seq.). TIE BAR WITH: SB 1141'10

State agencies (existing), generally

Last Action

Referred To Committee On Local, Urban And State Affairs

2/23/2010

Committee Referrals

Local, Urban & State Affairs2/23/2010

Full Bill Text

No bill text available