February 22, 2006, Introduced by Rep. Shaffer and referred to the Committee on Government Operations.
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 code based upon the presence of, or
lack of, a collective bargaining agreement with employees.
(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.