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MI HB4754
Bill
Status
6/18/2015
Primary Sponsor
Michael Webber
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AI Summary
HB 4754 Summary
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Amends the Administrative Procedures Act of 1969 to add protections against unfunded mandates on local units of government, requiring state funding for any new activities or services mandated through agency rules or guidelines.
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Prohibits agencies from enforcing rules that require local governments to provide new services without adequate state appropriation, and prevents local units from being required to comply unless sufficient funding is provided based on fiscal note analysis.
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Requires agencies proposing rules affecting small businesses to prepare detailed impact statements addressing disproportionate effects and to consider exemptions, different compliance requirements, simplified standards, or performance-based alternatives.
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Establishes a 15-session-day review period for the Joint Committee on Administrative Rules to object to proposed rules on grounds including lack of statutory authority, emergency public health/safety concerns, conflicts with law, arbitrary/capricious action, undue burden, or constitutional violations regarding unfunded mandates.
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Takes effect 90 days after enactment, contingent on passage of House Bill 4753 relating to the Paul Harvey transparency act regarding fiscal notes and local mandate funding requirements.
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 4753'15
State financing and management: other
Last Action
Printed Bill Filed 06/19/2015
7/14/2015