Legislation watch

Search all years.

2011 House Bill 4573: Limit state regulation promulgation authority

Public Act 239 of 2011

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.   Official Text and Analysis.
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.
    See Who Voted "Yes" and Who Voted "No".
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.
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
Received in the House on November 10, 2011
To establish specific procedures state agencies must follow before promulgating administrative law regulations. that have the force of law. Among other things this would require agencies include a formal “decision record” in the 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.
Signed by Gov. Rick Snyder on November 28, 2011

Comments