February 2, 2006, Introduced by Senators HARDIMAN, CROPSEY, HAMMERSTROM and SIKKEMA and referred to the Committee on Families and Human Services.
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 pursuant to the
following acts shall not discriminate in favor of or against any
provider, facility, or employer licensed under those acts based
upon the presence of, or lack of, a collective bargaining agreement
with employees:
(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.