SB-0255, As Passed Senate, March 20, 2003
SUBSTITUTE FOR
SENATE BILL NO. 255
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending section 45a (MCL 24.245a), as added by 1999 PA 262.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 45a. (1) Except as otherwise provided for in
2 subsections (7) and (8), after receipt by the committee of the
3 letter of transmittal specified in section 45(2), the committee
4 has 21 calendar days in which to consider the rule and to object
5 to the rule by filing a notice of objection approved by a
6 concurrent majority of the committee members. A notice of
7 objection may only be approved by the committee if the committee
8 affirmatively determines by a concurrent majority that 1 or more
9 of the following conditions exist:
10 (a) The agency lacks statutory authority for the rule.
11 (b) The agency is exceeding the statutory scope of its
1 rule-making authority.
2 (c) There exists an emergency relating to the public health,
3 safety, and welfare that would warrant disapproval of the rule.
4 (d) The rule is in conflict with state law.
5 (e) A substantial change in circumstances has occurred since
6 enactment of the law upon which the proposed rule is based.
7 (f) The rule is arbitrary or capricious.
8 (g) The rule is unduly burdensome to the public or to a
9 licensee licensed by the rule.
10 (2) If the committee does not file a notice of objection
11 within the time period prescribed in subsection (1), the office
12 of regulatory reform may immediately file the rule with the
13 secretary of state. The rule shall take effect 7 days after the
14 date of its filing unless a later date is indicated within the
15 rule.
16 (3) If the committee files a notice of objection within the
17 time period prescribed in subsection (1), the committee chair,
18 the alternate chair, or any member of the committee shall cause
19 bills to be introduced in both houses of the legislature
20 simultaneously. Each house shall place the bill or bills
21 directly on its calendar. The bills shall contain 1 or more of
22 the following:
23 (a) A rescission of a rule upon its effective date.
24 (b) A repeal of the statutory provision under which the rule
25 was authorized.
26 (c) A bill staying the effective date of the proposed rule
27 for up to 1 year.
1 (4) The notice of objection filed under subsection (3) stays
2 the ability of the office of regulatory reform to file the rule
3 with the secretary of state for the following time periods:
4 (a) Except as
provided in subdivision (b), or (c), 21 90
5 consecutive calendar days.
6 (b) If both houses of the legislature are not in session for
7 more than 14 consecutive
calendar days but 21 or less
8 consecutive calendar
days following the filing of a notice of
9 objection during that 90-day period, the 21-day 90-day
time
10 period described in subdivision (a) shall toll, with the
11 remainder of the 21-day
90-day time period available for
12 consideration upon the
return of both houses. In no case under
13 this subdivision shall
the combined time period for consideration
14 by the committee and
full legislature exceed 63 consecutive
15 calendar days.
16 (c) If both houses
of the legislature are not in session more
17 than 21 consecutive
calendar days following the filing of a
18 timely notice of
objection, the 21-day time period described in
19 subdivision (a) shall
toll, with the remainder of the 21-day time
20 period available for
consideration upon the return of both
21 houses.
22 (5) If the legislation introduced pursuant to subsection (3)
23 is defeated in either house and if the vote by which the
24 legislation failed to pass is not reconsidered in compliance with
25 the rules of that house, or if legislation introduced pursuant to
26 subsection (3) is not adopted by both houses within the time
27 period specified in subsection (4), the office of regulatory
1 reform may file the rule with the secretary of state. Upon
2 filing with the secretary of state, the rule shall take effect 7
3 days after the filing date unless a later date is specified
4 within the rule.
5 (6) If the legislation introduced pursuant to subsection (3)
6 is enacted by the legislature and presented to the governor
7 within the 21-day 90-day
period, the rules do not become
8 effective unless the legislation is vetoed by the governor as
9 provided by law. If the governor vetoes the legislation, the
10 office of regulatory reform may file the rules immediately. The
11 rule shall take effect 7 days after the date of its filing unless
12 a later effective date is indicated within the rule.
13 (7) An agency may
withdraw a proposed rule under the
14 following conditions: at any time. If the rule is resubmitted,
15 the committee has a new 21-day period to consider the rule and to
16 file a notice of objection under subsection (1).
17 (a) With
permission of the chair and alternate chair, the
18 agency may withdraw
the rule and resubmit it. If permission to
19 withdraw is granted,
the 21-day time period described in
20 subsection (1) is
tolled until the rule is resubmitted, except
21 that the committee
shall have at least 7 calendar days after
22 resubmission to
consider the resubmitted rule. The period of
23 time between
withdrawal and resubmission of the rule is not
24 counted toward the
63-day limit for rule consideration described
25 in subsection (4)(b).
26 (b) Without
permission of the chair and alternate chair, the
27 agency may withdraw
the rule and resubmit it. If permission to
1 withdraw is not
granted, a new and untolled 21-day time period
2 described in
subsection (1) shall begin upon resubmission of the
3 rule to the committee
for consideration.
4 (8) Subsections (1)
through (5) (7) do not apply to rules
5 adopted under sections 33, 44, and 48.