SENATE BILL No. 1030

 

 

February 2, 2006, Introduced by Senators HAMMERSTROM, SIKKEMA, HARDIMAN and CROPSEY and referred to the Committee on Families and Human Services.

 

 

 

     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.

 

     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.