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MI HB5048

Bill

Status

Introduced

9/28/2017

Primary Sponsor

Beau LaFave

Click for details

Origin

House of Representatives

99th Legislature

AI Summary

  • Changes mandatory language in Section 32 of the Administrative Procedures Act from "shall" to "must" throughout the statute for consistency in legal drafting.

  • Adds new subsection (7) requiring agencies to obtain explicit and unequivocal statutory authority before proceeding with rule-making, preventing agencies from relying on implied or ambiguous grant of authority.

  • Renumbers former subsection (7) regarding rule-making delegation limits to subsection (8), clarifying that rules cannot exceed the scope of authority granted by statute.

  • Makes technical corrections to language including changing "where" to "if," "in lieu of" to "instead of," "upon" to "on," "as of" to "at," and "therefor" to "to do so" for improved clarity.

  • Preserves existing protections including non-discrimination requirements for rules, prohibition on criminal penalties through rules, and the advisory-only status of agency guidelines and interpretive statements.

Legislative Description

Administrative procedure; rules; rule-making; prohibit when authority is not expressly stated in statute. Amends sec. 32 of 1969 PA 306 (MCL 24.232).

State agencies (existing): generally

Last Action

Bill Electronically Reproduced 09/28/2017

10/3/2017

Committee Referrals

Michigan Competitiveness9/28/2017

Full Bill Text

No bill text available