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Mackinac Center for Public Policy
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2009 Senate Bill 434: Limit state regulation promulgation authority
  1. Introduced by Sen. Jud Gilbert (R) on April 2, 2009, to prohibit a state department delegated to implement a federal regulation from promulgating rules more stringent than required by federal standards, unless specifically required to by state statute. This primarily applies to the Department of Environmental Quality and federal wetlands regulation, but could also apply others including the Michigan Occupational Safety and Health Administration (MIOSHA) and federal workplace safety regulations, including ergonomics regulations. 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 Senate Economic Development and Regulatory Reform Committee on April 2, 2009.
      • Reported in the Senate on May 19, 2009, with the recommendation that the substitute (S-1) be adopted and that the bill then pass.
    • Substitute offered in the Senate on June 4, 2009. The substitute passed by voice vote in the Senate on June 4, 2009.
    • Substitute offered by Sen. Jud Gilbert (R) on June 17, 2009, to replace the previous version of the bill with one that revises various provisions - see Senate-passed version for details. The substitute passed by voice vote in the Senate on June 17, 2009.
  2. Passed 20 to 16 in the Senate on June 17, 2009, to prohibit a state department from promulgating rules more stringent than required by federal standards, unless specifically required to by state statute. The bill would also ban a department delegated to implement a federal regulation, which applies primarily to the Department of Environmental Quality and federal wetlands regulation. 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 allow a small business to sue if an agency did not take sufficient steps to reduce the "dispoportionate impact" on small businesses.
    Who Voted "Yes" and Who Voted "No"

  3. Received in the House on June 17, 2009.
    • Referred to the House Great Lakes and Environment Committee on June 17, 2009.

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