SB-0582, As Passed Senate, March 30, 2006

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 582

 

 

June 14, 2005, Introduced by Senators BISHOP, SANBORN, GILBERT, TOY, PATTERSON, BIRKHOLZ, CASSIS, STAMAS, ALLEN, GOSCHKA, VAN WOERKOM, GEORGE, BROWN, McMANUS, BASHAM and KUIPERS and referred to the Committee on Government Operations.

 

 

 

     A bill to amend 1969 PA 306, entitled

 

"Administrative procedures act of 1969,"

 

by amending sections 46 and 49 (MCL 24.246 and 24.249), section 46

 

as amended by 1999 PA 262 and section 49 as amended by 2004 PA 23.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 46. (1) To promulgate a rule the  office of regulatory

 

reform  state office of administrative hearings and rules shall

 

file in the office of the secretary of state 3 copies of the rule

 

bearing the required certificates of approval and adoption,  and

 

true copies of the rule without the certificates, and 1 electronic

 

copy. The  office of regulatory reform  state office of

 

administrative hearings and rules shall not file a rule, except an

 

emergency rule under section 48 and rules processed under sections

 


33 and 44, until the time periods for committee and legislative

 

consideration described in section 45a have elapsed.

 

     (2) The secretary of state shall endorse the date and hour of

 

filing of rules on the 3 copies of the filing bearing the

 

certificates and shall maintain a file containing 1 copy for public

 

inspection.

 

     (3) The secretary of state, as often as he or she considers it

 

advisable, shall cause to be arranged and bound in a substantial

 

manner the rules hereafter filed in his or her office with their

 

attached certificates and published in a supplement to the Michigan

 

administrative code. The secretary of state shall certify under his

 

or her hand and seal of the state on the frontispiece of each

 

volume that it contains all of the rules filed and published for a

 

specified period. The rules, when so bound and certified, shall be

 

kept in the office of the secretary of state and no further record

 

of the rules is required to be kept. The bound rules are subject to

 

public inspection.

 

     Sec. 49. (1) The secretary of state shall transmit, after

 

copies of rules are filed in his or her office,  a paper copy on

 

which the day and hour of that filing have been indorsed, as

 

follows  the following:

 

     (a) To the secretary of the committee and the  office of

 

regulatory reform  state office of administrative hearings and

 

rules, a paper copy upon which the day and hour of that filing have

 

been endorsed.

 

     (b) To the secretary of the senate and the clerk of the house

 

of representatives, an electronic copy for distribution or

 


transmittal by them to each member of the senate and the house of

 

representatives. When the legislature is not in session, or is in

 

session but will not meet for more than 10 days after the secretary

 

and clerk have received the rules, the secretary and clerk shall

 

mail or electronically transmit 1 copy to each member of the

 

legislature at his or her home address.

 

     (2) The secretary of the senate and clerk of the house of

 

representatives shall present the rules to the senate and the house

 

of representatives.