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2011 Senate Bill 276: Establish new limits on government rulemaking

Public Act 247 of 2011

  1. Introduced by Sen. David Robertson (R) on March 17, 2011, to give the state Office of Administrative Hearings and Rules the authority to reject any proposed new state agency request for regulatory rule-making, and require it to state when granting permission that there are “appropriate and necessary policy and legal bases for approving the request for rule-making.” The bill would also require this office to post on the internet notice of any proposed new state regulatory rules or policy changes contained in rules, including clear instructions on any existing administrative remedies or appeals available to the public, a summary of the changes in policy contained in the rules, and any instructions on how to comply with the rules.
    • Referred to the Senate Economic Development Committee on March 17, 2011.
      • Reported in the Senate on May 4, 2011, with the recommendation that the substitute (S-1) be adopted and that the bill then pass.
    • Substitute offered in the Senate on May 4, 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 May 4, 2011.
  2. Passed 28 to 10 in the Senate on May 5, 2011, to give a state government "Office of Regulatory Reinvention" the authority to reject any proposed new state agency request for regulatory rule-making, and require it to state when granting permission that there are “appropriate and necessary policy and legal bases for approving the request for rule-making.” The bill would also require this office to post on the internet notice of any proposed new state regulatory rules or policy changes contained in rules, including clear instructions on any existing administrative remedies or appeals available to the public, a summary of the changes in policy contained in the rules, and any instructions on how to comply with the rules.
    Who Voted "Yes" and Who Voted "No"

  3. Moved to reconsider by Sen. Arlan Meekhof (R) on May 5, 2011, by which the bill was passed. The motion passed by voice vote in the Senate on May 5, 2011.
  4. Received in the Senate on May 5, 2011, to give a state government "Office of Regulatory Reinvention" the authority to reject any proposed new state agency request for regulatory rule-making, and require it to state when granting permission that there are “appropriate and necessary policy and legal bases for approving the request for rule-making.” The bill would also require this office to post on the internet notice of any proposed new state regulatory rules or policy changes contained in rules, including clear instructions on any existing administrative remedies or appeals available to the public, a summary of the changes in policy contained in the rules, and any instructions on how to comply with the rules. Passed 28 to 10 in the Senate on May 5, 2011.
    Who Voted "Yes" and Who Voted "No"

  5. Received in the House on May 5, 2011.
    • Referred to the House Regulatory Reform Committee on May 5, 2011.
      • Reported in the House on November 2, 2011, with the recommendation that the substitute (H-1) be adopted and that the bill then pass.
    • Substitute offered in the House 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 House on November 9, 2011.
  6. Passed 103 to 4 in the House on November 10, 2011, to give a state government "Office of Regulatory Reinvention" the authority to reject any proposed new state agency request for regulatory rule-making, and require it to state when granting permission that there are “appropriate and necessary policy and legal bases for approving the request for rule-making.” The bill would also require this office to post on the internet notice of any proposed new state regulatory rules or policy changes contained in rules, including clear instructions on any existing administrative remedies or appeals available to the public, a summary of the changes in policy contained in the rules, and any instructions on how to comply with the rules.
    Who Voted "Yes" and Who Voted "No"

  7. Received in the Senate on November 29, 2011.
  8. Passed 27 to 11 in the Senate on November 30, 2011, to concur with the House-passed version of the bill.
    Who Voted "Yes" and Who Voted "No"

  9. Signed by Gov. Rick Snyder on December 8, 2011.

Comments

Re: 2011 Senate Bill 276 (Establish new limits on government rulemaking )  by Admin003 on May 5, 2011 


Senator Robertson asked and was granted unanimous consent to make a statement and moved that the statement be printed 


in the Journal.


The motion prevailed.


Senator Robertson’s statement is as follows:


Senate Bill No. 276 increases transparency by requiring agencies to include the decision record from an advisory 


group in their submission to the Office of Administrative Hearings and Rules for permission to proceed with rulemaking. 


This will ensure full disclosure in situations like the ergonomics rules that were considered by MIOSHA during the last 


administration.


The bill also requires the agency to put the advisory committee decision record on the Internet 60 days prior to their 


request for rulemaking. This ensures stakeholders are aware of what the agencies are doing. The bill also clarifies that 


the State Office of Administrative Hearings and Rules can only approve or request for rulemaking after it determines that 


it is an appropriate and necessary policy and legal basis for approval. The determination must be in writing.


The bill requires SOAHR to post information on a rule on its website within two business days after transmittal. The 


information that must be posted includes the regulatory impact statement, instructions on existing remedies or appeals avail­


able to the public, instructions regarding the method of complying with the rules, and any rules filed with the Secretary 


of State and the effective date of those rules.


I encourage my colleagues to support this reform bill.




2011 Senate Bill 276 (Establish new limits on government rulemaking )  by admin on January 1, 2001 
Introduced in the Senate on March 17, 2011

The vote was 28 in favor, 10 opposed and 0 not voting

(Senate Roll Call 132 at Senate Journal 0)

Click here to view bill details.