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2011 Senate Bill 272: Limit state department rulemaking authority

Public Act 243 of 2011

Introduced by Sen. Mike Kowall (R) on March 17, 2011
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 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.   Official Text and Analysis.
Referred to the Senate Economic Development Committee on March 17, 2011
Reported in the Senate on April 28, 2011
With the recommendation that the bill pass.
Amendment offered by Sen. Rebekah Warren (D) on May 5, 2011
To exempt rules "designed to protect the quality of the Great Lakes" from the bill's restrictions.
The amendment failed 15 to 21 in the Senate on May 5, 2011.
    See Who Voted "Yes" and Who Voted "No".
Amendment offered by Sen. Rebekah Warren (D) on May 5, 2011
To strip out a provision establishing an agency's failure to accurately assess a rule's impact on small business as a basis for a lawsuit challenging the enforcement of the rule, and another provision authorizing damages equal to 10 times the permit application fee for excessive permit processing delays.
The amendment failed by voice vote in the Senate on May 5, 2011
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 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 require agencies to consider exempting small businesses from a proposed rule, or find ways to reduce the impact on them .
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-3) be adopted and that the bill then pass.
Substitute offered in the House on November 9, 2011
To adopt a version that only has the small business provisions, because the other provisions were moved to another bill.
The substitute passed by voice vote in the House on November 9, 2011
To require state agencies to consider exempting small businesses from a proposed rule, or find ways to reduce the impact on them .
Received in the Senate on November 29, 2011
To concur with the House-passed version of the bill.
Signed by Gov. Rick Snyder on December 8, 2011

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