HB-5714, As Passed House, June 6, 2012
May 31, 2012, Introduced by Reps. Somerville, Damrow, Heise, Kowall and McBroom and referred to the Committee on Judiciary.
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending section 48 (MCL 24.248), as amended by 1999 PA 262.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 48. (1) If an agency finds that preservation of the
public health, safety, or welfare requires promulgation of an
emergency rule without following the notice and participation
procedures required by sections 41 and 42 and states in the rule
the agency's reasons for that finding, and the governor concurs in
the finding of emergency, the agency may dispense with all or part
of the procedures and file in the office of the secretary of state
the
copies prescribed by section 46 indorsed endorsed as an
emergency rule, to 3 of which copies shall be attached the
certificates prescribed by section 45 and the governor's
certificate concurring in the finding of emergency. The emergency
rule is effective on filing and remains in effect until a date
fixed in the rule or 6 months after the date of its filing,
whichever is earlier. The rule may be extended once for not more
than 6 months by the filing of a governor's certificate of the need
for the extension with the office of the secretary of state before
expiration of the emergency rule.
(2) If the director of the department of community health
determines that an imminent danger to the health or lives of
individuals in this state can be prevented or controlled by
scheduling a substance as a controlled substance under section
2251(4) of the public health code, 1978 PA 368, MCL 333.2251, and
the administrator determines that the substance should be scheduled
or rescheduled as a controlled substance, the department of
licensing and regulatory affairs may dispense with all or part of
the procedures required by sections 41 and 42 and file in the
office of the secretary of state the copies prescribed by section
46 endorsed as an emergency rule, to 3 of which copies shall be
attached the certificate of approval and the director of the
department of community health's notification under section 2251(4)
of the public health code, 1978 PA 368, MCL 333.2251. The office of
regulatory reinvention shall submit the emergency rule draft
language to the legislative service bureau for its formal
certification within 7 business days of receipt from the department
of licensing and regulatory affairs. The legislative service bureau
shall issue a certificate of approval indicating whether the
proposed rule is proper as to all matters of form, classification,
and arrangement within 7 business days after receiving the
House Bill No. 5714 as amended June 6, 2012
submission and return the rule to the office of regulatory
reinvention. If the legislative service bureau fails to issue a
certificate of approval within 7 business days after receipt of the
submission for formal certification, the office of regulatory
reinvention may issue a certificate of approval. If the legislative
service bureau returns the submission to the office of regulatory
reinvention before the expiration of the 7-business-day time
period, the 7-business-day time period is tolled until the rule is
returned by the office of regulatory reinvention. The legislative
service bureau shall have the remainder of the 7-business-day time
period to consider the formal certification of the rule. Upon
receipt from the legislative service bureau, the office of
regulatory reinvention shall, within 7 business days, approve the
proposed rule if it considers the proposed rule to be legal and
appropriate. [An emergency rule adopted under this subsection remains in
effect until the earlier date of the following]:
(a) An identical or similar rule is promulgated.
(b) An identical or similar bill is enacted into law.
(c) The administrator determines that the emergency rule is no
longer necessary.
[(d) Six months after the date of its filing, which may be extended for not more than 6 months by the administrator upon filing a certificate of extension with the office of secretary of state before the expiration of 6 months after the date of its filing.]
(3) An emergency rule shall not be numbered and shall not be
compiled in the Michigan administrative code, but shall be noted in
the annual supplement to the code. The emergency rule shall be
published in the Michigan register pursuant to section 8.
(4) (2)
If the agency desires to promulgate
an identical or
similar rule with an effectiveness beyond the final effective date
of an emergency rule, the agency shall comply with the procedures
House Bill No. 5714 as amended June 6, 2012
prescribed by this act for the processing of a rule which is not an
emergency rule. The rule shall be published in the Michigan
register and in the code.
(5) As used in this section, "administrator" means that term
as defined in section 7103 of the public health code, 1978 PA 368,
MCL 333.7103.
[Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 96th Legislature are enacted
into law:
(a) Senate Bill No. 789.
(b) House Bill No. 5338.]