Public Act 239 of 2011

      Comments on this legislation    Post new comment    Text and Analysis    Add to Watch List 
  Previous   Next 

• Introduced by Rep. Gail Haines (R) on April 21, 2011, to prohibit a state department from promulgating rules more stringent than required by federal standards, unless specifically authorized by state statute. The bill would prohibit enforcement of an agency “guideline,” “bulletin,” or “interpretive statement” that has not been promulgated as an official state regulation under procedures specified in statute. It would also establish specific procedures for an agency proceeding to the rule promulgation process following a recommendation by an advisory committee, among other things requiring a formal “decision record” from the committee.
  • Referred to the House Regulatory Reform Committee on April 21, 2011.
    • Reported in the House on May 25, 2011, with the recommendation that the substitute (H-2) be adopted and that the bill then pass.
  • Substitute offered in the House on June 15, 2011, to adopt a substitute recognizing that the "no more stringent than federal" provision is now in House Bill 4326, and does other things as described in the House-passed version. The substitute passed by voice vote in the House on June 15, 2011.
• Passed 75 to 33 in the House on June 16, 2011, to establish specific procedures state agencies must follow before promulgating to administrative law regulations, among other things requiring a formal “decision record” in requests they must submit to a state "Office of Regulatory Reinvention" for rulemaking authority. That office would be required to affirm that there are appropriate and necessary policy and legal bases for a rule before approving the request.
  Who Voted "Yes" and Who Voted "No"
• Received in the Senate on June 21, 2011.
  • Referred to the Senate Economic Development Committee on June 21, 2011.
    • Reported in the Senate on November 3, 2011, with the recommendation that the substitute (S-1) be adopted and that the bill then pass.
  • Substitute offered in the Senate on November 9, 2011, to replace the previous version of the bill with one that revises details but does not change the substance as previously described. The substitute passed by voice vote in the Senate on November 9, 2011.
• Passed 27 to 9 in the Senate on November 10, 2011, to establish specific procedures state agencies must follow before promulgating to administrative law regulations, among other things requiring a formal “decision record” in requests they must submit to a state "Office of Regulatory Reinvention" for rulemaking authority. That office would be required to affirm that there are appropriate and necessary policy and legal bases for a rule before approving the request.
  Who Voted "Yes" and Who Voted "No"
• Received in the House on November 10, 2011, to establish specific procedures state agencies must follow before promulgating to administrative law regulations, among other things requiring a formal “decision record” in requests they must submit to a state "Office of Regulatory Reinvention" for rulemaking authority. That office would be required to affirm that there are appropriate and necessary policy and legal bases for a rule before approving the request. Passed 77 to 30 in the House on November 10, 2011.
  Who Voted "Yes" and Who Voted "No"
• Signed by Gov. Rick Snyder on November 28, 2011.