HOUSE BILL NO. 4458

April 16, 2019, Introduced by Reps. Reilly, Howell, Hall, Wozniak, Steven Johnson, Maddock, LaFave, Cambensy, Markkanen, Robinson and Hoitenga and referred to the Committee on Regulatory Reform.

"Administrative procedures act of 1969,"

(MCL 24.201 to 24.328) by adding sections 47a and 47b.

the people of the state of michigan enact:

Sec. 47a. (1) Except as provided in subsections (2) and (3), a rule promulgated after the effective date of the amendatory act that added this section is rescinded 7 years after the date it is promulgated.

(2) Subsection (1) does not apply to any of the following:

(a) A rule that is required by federal law.

(b) A rule promulgated under a statute that provides that this section does not apply to rules promulgated under the statute.

(3) An agency may apply to the legislature for an extension of the effectiveness of a rule for up to 7 years beyond its rescission date under subsection (1). An agency shall not apply for more than 1 extension for a rule under this subsection. A rule remains in effect while it is being considered by the legislature under this subsection. If the legislature approves a request under this subsection, the rule is rescinded on the extended date designated by the legislature.

(4) The procedures applicable to the promulgation of rules do not apply to a request for or the extension of a rule under subsection (3). A request under subsection (3) must be in writing and submitted to the secretary of the senate and the clerk of the house of representatives before the rescission date under subsection (1). Either house of the legislature, acting through a designated committee or member, may require the agency to provide any information determined to be necessary to consider the agency's request. The legislature must act by concurrent resolution of a majority of the members elected to and serving in each house to approve a request for the extension of a rule under subsection (3). If the extension is not approved, the rule is rescinded effective on the date of the final vote on the concurrent resolution or on the rescission date under subsection (1), whichever is later.

Sec. 47b. (1) Before 6 months after the effective date of the amendatory act that added this section and before the same date in each of the succeeding 9 years, an agency that has promulgated rules or that is the successor to an agency that has promulgated rules shall select 10% of those rules in effect on the effective date of the amendatory act that added this section and submit the selected rules to the legislature for consideration under this section. The agency shall submit the selected rules to the secretary of the senate and the clerk of the house of representatives.

(2) For each rule submitted under subsection (1), the agency shall prepare a small business impact statement under section 40 and a regulatory impact statement under section 45 as if the rule submitted were a proposed rule. The agency shall submit the statements required under this subsection when the rule is submitted to the legislature under subsection (1).

(3) Each house of the legislature may refer rules submitted under subsection (1) to a committee under the rules of the house. The committee or a designated member of the house may require the agency that submitted the rule to provide further information determined to be necessary to consideration of the rules under this section.

(4) The legislature may, by concurrent resolution of a majority of the members elected to and serving in each house, approve a rule submitted under subsection (1) to continue in effect. Section 47a applies to a rule approved under this subsection as if the rule were a rule promulgated after the effective date of the amendatory act that added section 47a. If a rule that is in effect on the effective date of the amendatory act that added this section is not approved under this subsection, the rule is rescinded 10 years after the effective date of the amendatory act that added this section.

(5) Except as otherwise provided in this section, the procedures applicable to the promulgation of a rule do not apply to the consideration of a rule under this section.

(6) This section does not apply to a rule described in section 47a(2).

Enacting section 1. This amendatory act takes effect January 1, 2020.