SENATE BILL No. 878 November 2, 1999, Introduced by Senators STEIL, HAMMERSTROM and NORTH and referred to the Committee on Government Operations. A bill to amend 1970 PA 193, entitled "An act to provide for the compilation of the general laws of this state and the compilation and revision of state administra- tive rules; and to prescribe the functions of the legislative council relative thereto," by amending the title and sections 1, 2, 3, 4, 5, 6, 7, and 8 (MCL 8.41, 8.42, 8.43, 8.44, 8.45, 8.46, 8.47, and 8.48). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act to provide for the compilation of the general laws of 3 this state and the compilation and revision of state administra- 4 tive rules; and to prescribetheCERTAIN functions of the leg- 5 islative council AND CERTAIN STATE AGENCIES relative thereto. 6 Sec. 1. (1) The legislative council shall provide for 7separatecompilations of all general laws in force.and8administrative rules filed with the secretary of state,02270'99 a * LBO 2 1notwithstanding section 55 of Act No. 306 of the Public Acts of21969, being section 24.255 of the Compiled Laws of 1948.3 (2) THE OFFICE OF REGULATORY REFORM SHALL PROVIDE COMPILA- 4 TIONS OF ADMINISTRATIVE RULES PROMULGATED UNDER THE ADMINISTRA- 5 TIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO 24.328. 6 (3) The general laws shall be arranged without alteration. 7, and bothALL compilations shall include appropriate heads and 8 titles. The printed compilations shall contain an index of the 9 laws or rules containedtherein,IN THE COMPILATIONS and notes, 10 references, and other materials as the councildeemsOR OFFICE 11 OF REGULATORY REFORM CONSIDERS necessary. 12 (4) The council shall determine the number of sets of the 13 compiled lawsand administrative rulesto be printed and bound, 14 THE weight and kind of paper, THE style and material for binding, 15 and all other matters concerning the format and contents of the 16 compilations. 17 (5) THE OFFICE OF REGULATORY REFORM SHALL DETERMINE THE 18 NUMBER OF SETS OF THE ADMINISTRATIVE RULES TO BE PRINTED AND 19 BOUND, THE WEIGHT AND KIND OF PAPER, THE STYLE AND MATERIAL FOR 20 BINDING, AND ALL OTHER MATTERS CONCERNING THE FORMAT AND CONTENTS 21 OF THE COMPILATIONS. 22 Sec. 2. (1) ThecouncilOFFICE OF REGULATORY REFORM shall 23 provide for an orderly revision of the Michigan administrative 24 code., hereinafter referred to as the code.25 (2) Personnel working on the revision and the agency whose 26 rules are being revised shall cooperate in the revision, but the 27 decision of the revisers shall govern subject to review by the 02270'99 a * 3 1councilOFFICE OF REGULATORY REFORM when requested by the 2 agency. 3 Sec. 3. The revision OF THE MICHIGAN ADMINISTRATIVE CODE 4 shall clarify, simplify, and shorten rules while retaining their 5 substance, sense, and meaning. The revision may INCLUDE THE 6 FOLLOWING: 7 (a) Adopt a uniform system of style, printing, punctuation, 8 capitalization, spelling, and wording; eliminate obsolete and 9 redundant words; eliminate duplications and rules rescinded indi- 10 rectly or by implication; and clarify rules. 11 (b) Change headings, subheadings, authority paragraphs, and 12 catchlines, rearrange rules, change reference numbers or words to 13 correct the references, substitute figures for written words, and 14 correct obvious clerical, typographical, and grammatical errors, 15 inaccuracies, inconsistencies, and omissions. 16 (c) Renumber rules and parts of rules, transfer rules, and 17 divide or combine rules so as to give to distinct subject matters 18 a separate rule number. 19 (d) Substitute the name of an officer, agency, or instrumen- 20 tality, in which functions are currently vested, for the name of 21 any other officer, agency, or instrumentality formerly vested 22 with the same or similar functions. 23 (e) Omit temporary, emergency, and rescinding rules if a 24 note indicates the nature and latest location in the MICHIGAN 25 ADMINISTRATIVE code of the omitted material. 26 (f) Modernize language to correspond to current drafting 27 style forlegislative bills andadministrative rules. 02270'99 a * 4 1 Sec. 4. A revised rule is not subject to the requirements 2 ofAct No. 306 of the Public Acts of 1969, being sections324.201 to 24.313 of the Compiled Laws of 1948THE ADMINISTRATIVE 4 PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO 24.328, per- 5 taining to the processing and filing of a rule. It shall be pub- 6 lished in the next interim or annual supplement to the MICHIGAN 7 ADMINISTRATIVE code, or both, or republication of the MICHIGAN 8 ADMINISTRATIVE code with a certificate of thecouncilOFFICE OF 9 REGULATORY REFORM, which may cover all of the revisions in the 10 particular publication.,THE CERTIFICATE SHALL INDICATE that 11 the revised rules are a revision, without change in substance, of 12 certain identified administrative rules and that the revision has 13 been made in accordance with applicable law. The rule when so 14 printed shall constitute a part of the MICHIGAN ADMINISTRATIVE 15 code in place of the text which was revised. 16 Sec. 5. (1) The council, IN THE CASE OF THE COMPILED LAWS, 17 AND THE OFFICE OF REGULATORY REFORM, IN THE CASE OF RULES, may 18 enter into 1 or more contracts or provide for editorial work, 19 printing, binding, indexing, and other workwhich it deemsTHAT 20 IT CONSIDERS necessary,and may provide that the compilations 21 be privately printed and published and sold and distributed by 22 the publishers onsuchterms as the council AND OFFICE OF REGU- 23 LATORY REFORM may prescribe. 24 (2) The work of preparing, editing, indexing, and publishing 25 the COMPILED lawsand administrative rulesshall be under the 26 direction and supervision of the council AND THE WORK OF 27 PREPARING, EDITING, INDEXING, AND PUBLISHING THE MICHIGAN 02270'99 a * 5 1 ADMINISTRATIVE CODE SHALL BE UNDER THE SUPERVISION OF THE OFFICE 2 OF REGULATORY REFORM. 3 Sec. 6. The council, IN THE CASE OF THE COMPILED LAWS, AND 4 THE OFFICE OF REGULATORY REFORM, IN THE CASE OF THE MICHIGAN 5 ADMINISTRATIVE CODE, may enter into 1 or more contracts or pro- 6 vide for the preparation and publication of subsequent editions 7of the compiled laws and administrative rulesand cumulative or 8 other supplements.to the compiled laws and administrative code,9whichTHE contracts as to supplements may be awarded for a 10 period of not more than 10 years under such terms as PRESCRIBED 11 BY the council,prescribesIN THE CASE OF THE COMPILED LAWS, 12 AND AS PRESCRIBED BY THE OFFICE OF REGULATORY REFORM, IN THE CASE 13 OF THE MICHIGAN ADMINISTRATIVE CODE. 14 Sec. 7. (1) Before any copies of a volume of the compila- 15 tion ofeitherthegeneralCOMPILED lawsor administrative16rules shall beARE printed and bound OR OTHERWISE MADE AVAILABLE 17 TO THE GENERAL PUBLIC, they shall be examined and compared by the 18 council,and, ifthey complyIN COMPLIANCE withthe terms19ofthis act, the council shall so certify. 20 (2) BEFORE ANY COPIES OF A VOLUME OF THE COMPILATION OF THE 21 MICHIGAN ADMINISTRATIVE CODE ARE PRINTED AND BOUND OR OTHERWISE 22 MADE AVAILABLE TO THE GENERAL PUBLIC, THEY SHALL BE EXAMINED AND 23 COMPARED BY THE OFFICE OF REGULATORY REFORM AND, IF IN COMPLIANCE 24 WITH THIS ACT, THE OFFICE OF REGULATORY REFORM SHALL SO CERTIFY. 25 (3) AftersuchTHE certification, the COMPILED laws and 26 ADMINISTRATIVE rules shall bedeemedCONSIDERED to be the 27 official statutes and administrative rules of this state and 02270'99 a * 6 1 evidence in all courts having jurisdiction. The certification 2 shall be printed in each volume. 3 Sec. 8. The council shall purchase a sufficient number of 4 sets of the compiled laws and THE OFFICE OF REGULATORY REFORM 5 SHALL PURCHASE A SUFFICIENT NUMBER OF SETS OF THE MICHIGAN admin- 6 istrative code to be distributed in the manner provided by law. 7as it estimates will be needed for such distribution.8 Enacting section 1. This amendatory act takes effect 9 January 1, 2000. 10 Enacting section 2. This amendatory act does not take 11 effect unless all of the following bills of the 90th Legislature 12 are enacted into law: 13 (a) Senate Bill No. 877. 14 15 (b) Senate Bill No. 879. 16 02270'99 a * Final page. LBO