HB-6318, As Passed Senate, December 6, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 6318

     A bill to amend 1969 PA 306, entitled

"Administrative procedures act of 1969,"

by amending section 5 (MCL 24.205), as amended by 2004 PA 23.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 5. (1) "License" includes the whole or part of an agency

permit, certificate, approval, registration, charter, or similar

form of permission required by law, but does not include a license

required solely for revenue purposes, or a license or registration

issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to

257.923.

     (2) "Licensing" includes agency activity involving the grant,

denial, renewal, suspension, revocation, annulment, withdrawal,

recall, cancellation, or amendment of a license.

     (3) "Michigan register" means the publication described in

section 8.

     (4) "Notice" means a written or electronic record that informs

a person of past or future action of the person generating the

record.

     (5) "Notice of objection" means the record adopted by the

committee that indicates the committee's formal objection to a

proposed rule.

     (6) "Party" means a person or agency named, admitted, or

properly seeking and entitled of right to be admitted, as a party

in a contested case. In a contested case regarding an application

for a license, party includes the applicant for that license.

     (7) "Person" means an individual, partnership, association,

corporation, limited liability company, limited liability

partnership, governmental subdivision, or public or private

organization of any kind other than the agency engaged in the

particular processing of a rule, declaratory ruling, or contested

case.

     (8) "Processing of a rule" means the action required or

authorized by this act regarding a rule that is to be promulgated,

including the rule's adoption, and ending with the rule's

promulgation.

     (9) "Promulgation of a rule" means that step in the processing

of a rule consisting of the filing of a rule with the secretary of

state.

     (10) "Record" means information that is inscribed on a paper

or electronic medium.

     Enacting section 1. Section 5 of the administrative procedures

act of 1969, 1969 PA 306, MCL 24.205, as amended by this amendatory

act, is curative and intended to express the original intent of the

legislature regarding the application of section 5 of the

administrative procedures act of 1969, 1969 PA 306, MCL 24.205, as

amended by 2004 PA 23.