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MI HB5672
Bill
Status
4/25/2024
Primary Sponsor
Jay DeBoyer
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AI Summary
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Prohibits state agencies from adopting rules more stringent than federally mandated standards unless the agency director determines there is "clear and convincing need" to exceed the federal standard, except for emergency rules.
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Prohibits state agencies from adopting rules more stringent than applicable federal standards when federal rules are not mandated, unless specifically authorized by state statute or the director determines "clear and convincing need" exists.
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Exempts special education rules (R 340.1701 to R 340.1862) from the new stringency restrictions for amendments, though new special education rules would be subject to the restrictions.
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Requires agencies to include in regulatory impact statements specific facts establishing "clear and convincing need" and explanation of exceptional circumstances when proposing rules more stringent than federal standards.
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Adds new subsections (8), (9), and (10) to section 32 and new reporting requirements to section 45 regarding comparison of proposed rules to federal standards and justification for exceeding them.
Legislative Description
Administrative procedure: rules; adoption of rules by state agencies more stringent than federal regulations; prohibit. Amends secs. 32 & 45 of 1969 PA 306 (MCL 24.232 & 24.245).
State agencies (existing): generally
Last Action
Bill Electronically Reproduced 04/25/2024
4/30/2024