SB-1030, As Passed Senate, February 14, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1030

     A bill to amend 1974 PA 258, entitled

"Mental health code,"

by amending sections 114 and 114a (MCL 330.1114 and 330.1114a),

section 114 as amended and section 114a as added by 1995 PA 290.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 114. (1) Subject to section 114a, as provided in section

9 of  Act No. 380 of the Public Acts of 1965, being section 16.109

of the Michigan Compiled Laws  the executive organization act of

1965, 1965 PA 380, MCL 16.109, the director may promulgate rules as

necessary to carry out the functions vested in the department.

     (2)  All modifications to rules that are needed to comply with

the amendatory act that added this subsection shall be submitted to

public hearing within 2 years after the effective date of that

amendatory act.  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.

     Sec. 114a.  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, any

provision of this act that requires or permits the department to

promulgate rules does not apply.  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.