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MI HB5502
Bill
Status
4/30/2014
Primary Sponsor
Eileen Kowall
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AI Summary
HB 5502 Summary
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Adds new definitions to the Administrative Procedures Act relating to the Paul Harvey transparency act, including "activity," "existing law," "local unit of government," "new activity or service," and "state requirement."
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Requires the office of regulatory reinvention to issue a report certifying whether proposed rules comply with constitutional prohibitions on unfunded mandates and includes requirements for fiscal notes when rules impose new activities or services on local governments.
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Establishes that if a rule requires new activities or increased service levels beyond existing law, it cannot be enforced against local units of government unless the legislature has appropriated funds to compensate them for the increased costs.
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Requires agencies proposing rules affecting small businesses to prepare detailed regulatory impact statements addressing at least 27 specific factors including cost estimates, disproportionate impact analysis, and compliance burden assessments.
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Requires the joint committee on administrative rules to reject proposed rules that fail certification for compliance with constitutional unfunded mandate provisions and grants the committee 15 session days to object to rules based on seven specified grounds including lack of statutory authority, emergency concerns, or arbitrary application.
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Requires posting of regulatory impact statements, administrative remedies, compliance instructions, and filed rules on the office of regulatory reinvention website within 2 business days.
Legislative Description
Administrative procedure; rules; delegation of legislative authority that violates constitutional prohibition against unfunded mandates; nullify under certain circumstances. Amends secs. 3, 5, 7a, 40, 44, 45, 45a & 45b of 1969 PA 306 (MCL 24.203 et seq.) & adds sec. 9. TIE BAR WITH: HB 5503'14
State agencies (existing), generally
Last Action
Printed Bill Filed 05/01/2014
5/1/2014