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MI HB5613
Bill
Status
4/28/2016
Primary Sponsor
Triston Cole
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AI Summary
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Requires state agencies to avoid adopting rules more stringent than applicable federal standards unless specifically authorized by statute or the agency director determines there is clear and convincing need to exceed the federal standard.
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Prohibits agencies from relying on guidelines, operational memorandums, bulletins, interpretive statements, or forms with instructions to support agency decisions subject to judicial review, and prohibits courts from using such documents to uphold agency decisions.
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Mandates that agencies submit detailed regulatory impact statements at least 28 days before public hearings, including comparisons to federal standards, cost-benefit analyses, effects on small businesses, and identification of reasonable alternatives to regulation.
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Requires agencies to electronically submit proposed rules to the legislative service bureau for formal certification within 21 calendar days, with the office of performance and transformation able to issue approval if the legislative service bureau fails to act.
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Establishes that guidelines and interpretive statements are advisory only and cannot be given the force of law, and prohibits agencies from using them as basis for enforcement actions.
Legislative Description
Administrative procedure; rules; adoption of rules by state agencies; prohibit from being more stringent than federal regulations. Amends secs. 32 & 45 of 1969 PA 306 (MCL 24.232 & 24.245).
Legislature: other
Last Action
Referred To Committee On Government Operations
6/8/2016