CHILD CAR SEAT SAFETY PROG. RULES - S.B. 1346: FIRST ANALYSIS


Senate Bill 1346 (as enrolled)

Sponsor: Senator Mike Rogers

Committee: Families, Mental Health and Human Services


Date Completed: 10-5-00


RATIONALE


Public Act 282 of 2000 amended the Michigan Vehicle Code to require the Department of Community Health (DCH) to establish a child car seat safety grant program for the purpose of providing grants for training, promotion, and education concerning the child restraint system use requirements under the Code. The grants are to be provided to persons the DCH considers eligible. Public Act 282 also requires that the DCH promulgate rules to implement the program. The DCH, however, apparently has administrative procedures in place that are sufficient to implement the program. Promulgation of rules, on the other hand, would take several months to accomplish, which would delay implementation of the child car seat safety program. Some people feel that the requirement that the DCH promulgate rules for this program should be eliminated so that the program could begin expeditiously.


CONTENT


The bill would amend the Michigan Vehicle Code to delete a provision requiring the Department of Community Health to promulgate rules under the Administrative Procedures Act to implement the child car seat safety program, including eligibility standards for the award of a grant.


MCL 257.710g


ARGUMENTS


(Please note: The arguments contained in this analysis originate from sources outside the Senate Fiscal Agency. The Senate Fiscal Agency neither supports nor opposes legislation.)



Supporting Argument

Requiring the DCH to proceed with the detailed process of rule promulgation under the Administrative Procedures Act in order to implement the child car seat safety program would delay the grant program unnecessarily. The DCH is capable of quickly implementing this vital program under existing departmental policies, which do not require going through the rule-making process. In order to expedite better education and promotion of proper use of child car seats, the bill would eliminate the rule-making requirement included in the program's authorizing legislation.


- Legislative Analyst: P. Affholter


FISCAL IMPACT


The bill would have no fiscal impact on State or local government.


- Fiscal Analyst: D. PattersonA9900\s1346a

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.