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.