SB-1026, As Passed Senate, February 14, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1026

(As amended, February 14, 2006)

     A bill to amend 1969 PA 306, entitled

"Administrative procedures act of 1969,"

by amending section 32 (MCL 24.232).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 32. (1) Definitions of words and phrases and rules of

construction prescribed in any statute, and which are made

applicable to all statutes of this state, also apply to rules

unless clearly indicated to the contrary.

     (2) A rule or exception to a rule shall not discriminate in

favor of or against any person, and a person affected by a rule is

entitled to the same benefits as any other person under the same or

similar circumstances.

     (3) A rule or exception to a rule promulgated <<under    >> the

Senate Bill No. 1026 as amended February 14, 2006

following acts shall not discriminate in favor of or against any

provider, facility, or employer licensed under those acts 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:

     (a) The public health code, 1978 PA 368, MCL 333.1101 to

333.25211.

     (b) The social welfare act, 1939 PA 280, MCL 400.1 to

400.119b.

     (c) The adult foster care facility licensing act, 1979 PA 218,

MCL 400.701 to 400.737.

     (d) The mental health code, 1974 PA 258, MCL 330.1001 to

330.2106.

(4)  (3) The violation of a rule is a crime when so provided

by statute. A rule shall not make an act or omission to act a crime

or prescribe a criminal penalty for violation of a rule.

(5)  (4) An agency may adopt, by reference in its rules and

without publishing the adopted matter in full, all or any part of a

code, standard, or regulation which has been adopted by an agency

of the United States or by a nationally recognized organization or

association. The reference shall fully identify the adopted matter

by date and otherwise. The reference shall not cover any later

amendments and editions of the adopted matter, but if the agency

wishes to incorporate them in its rule it shall amend the rule or

promulgate a new rule therefor. The agency shall have available

copies of the adopted matter for inspection and distribution to the

public at cost and the rules shall state where copies of the

adopted matter are available from the agency and the agency of the

United States or the national organization or association and the

cost thereof as of the time the rule is adopted.