HB-5745, As Passed House, March 2, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5745

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 2233 (MCL 333.2233), as amended by 1996 PA 67.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2233.  (1)  The department may promulgate rules necessary

or appropriate to implement and carry out the duties or functions

vested by law in the department. A rule promulgated under this act

or an exception to a rule promulgated under this act shall not

discriminate in favor of or against any provider, facility, or

employer licensed under this act based on the presence of, or lack

of, a collective bargaining agreement with employees, nor shall

collective bargaining status, level of wages, or fringe benefits be

used to demonstrate or excuse compliance with state licensing or

regulatory standards or requirements.

     (2) If the Michigan supreme court rules that sections 45 and

46 of the administrative procedures act of 1969, Act No. 306 of the

Public Acts of 1969, being sections 24.245 and 24.246 of the

Michigan Compiled Laws, are unconstitutional, and a statute

requiring legislative review of administrative rules is not enacted

within 90 days after the Michigan supreme court ruling, the

department shall not promulgate rules under this act.