2011 House Bill 4573 / Public Act 239

Limit state regulation promulgation authority

Introduced in the House

April 21, 2011

Introduced by Rep. Gail Haines (R-43)

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 Committee on Regulatory Reform

May 25, 2011

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

June 15, 2011

Substitute offered

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

June 16, 2011

Passed in the House 75 to 33 (details)

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

June 21, 2011

Referred to the Committee on Economic Development

Nov. 3, 2011

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Nov. 9, 2011

Substitute offered

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

Nov. 10, 2011

Passed in the Senate 27 to 9 (details)

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.

Received in the House

Nov. 10, 2011

Passed in the House 77 to 30 (details)

Signed by Gov. Rick Snyder

Nov. 28, 2011