Michigan 2023-2024 Regular Session

Michigan Senate Bill SB0607

Introduced
10/24/23  
Refer
10/24/23  
Report Pass
12/13/24  
Engrossed
12/13/24  

Caption

Administrative procedure: rules; definition of a rule; exclude cleanup criteria and target detection limits. Amends sec. 7 of 1969 PA 306 (MCL 24.207). TIE BAR WITH: SB 0606'23, SB 0605'23

Impact

If passed, SB0607 would have significant implications for how state laws are interpreted and enforced. By narrowing the definitions and exclusions of rules, the bill could enhance government efficiency in implementing healthcare and environmental regulations. The exclusions specified in the bill are particularly important because they could limit the ability of agencies to enforce certain rules that may not fit within the newly defined framework, potentially leading to regulatory gaps. The bill is intended to ensure that the legal interpretations of agency actions align more closely with legislative intent.

Summary

Senate Bill No. 607 aims to amend the Administrative Procedures Act of 1969, specifically targeting section 7 to provide a clearer definition of what constitutes a 'rule.' The bill seeks to delineate types of agency regulations, statements, and policies that implement or apply the law administered by government agencies. Notably, it specifies exclusions from this definition, including resolutions of the state administrative board and certain health-related decisions. These amendments are aimed at streamlining regulatory frameworks and clarifying agency authority regarding rulemaking processes.

Sentiment

The sentiment around SB0607 appears to be mixed, reflecting varying opinions on regulatory reform. Proponents argue that the bill is a necessary step in clarifying and modernizing administrative processes, thus increasing transparency and efficiency in government operations. In contrast, critics express concerns that the more restrictive definitions could undermine the state's regulatory authority over critical areas such as healthcare oversight, potentially jeopardizing public safety and well-being.

Contention

Key points of contention regarding SB0607 revolve around its potential impact on regulatory flexibility and public health oversight. Some lawmakers fear that the limitations imposed by the bill could hinder the ability of health agencies to respond effectively to emergencies or adapt regulations to evolving public health needs. Furthermore, the linkage of SB0607 with other proposed legislation (SB0606 and SB0605) raises questions about the comprehensive approach to regulatory reform and whether it adequately addresses the needs of various stakeholders.

Companion Bills

MI SB0605

Same As Environmental protection: cleanups; cleanup standards; require. Amends secs, 20101, 20107a, 20112a, 20114, 20114b, 20114c, 20114d, 20114e, 20114g, 20126 & 20126a of 1994 PA 451 (MCL 324.20101 et seq.) & repeals sec. 20114a of 1994 PA 451 (MCL 324.20114a). TIE BAR WITH: SB 0606'23, SB 0607'23

MI SB0606

Same As Environmental protection: cleanups; cleanup to residential and safe drinking water standards; require unless technically infeasible. Amends secs. 20118, 20120a, 20120b, 20120e & 20121 of 1994 PA 451 (MCL 324.20118 et seq.). TIE BAR WITH: SB 0605'23, SB 0607'23

Previously Filed As

MI SB0385

Administrative procedure: rules; definition of a rule; exclude cleanup criteria and target detection limits. Amends sec. 7 of 1969 PA 306 (MCL 24.207). TIE BAR WITH: SB 0391'25, SB 0392'25

MI HB5245

Administrative procedure: rules; definition of a rule; exclude cleanup criteria and target detection limits. Amends sec. 7 of 1969 PA 306 (MCL 24.207). TIE BAR WITH: HB 5242'23, HB 5247'23

MI HB4638

Administrative procedure: rules; definition of a rule; exclude cleanup criteria and target detection limits. Amends sec. 7 of 1969 PA 306 (MCL 24.207). TIE BAR WITH: HB 4640'25, HB 4636'25

MI HB5480

Administrative procedure: other; administrative procedures act of 1969; amend to reflect amendments to the public health code. Amends secs. 7, 8 & 28 of 1969 PA 306 (MCL 24.207 et seq.). TIE BAR WITH: HB 5477'24

MI HB5668

Administrative procedure: rules; annual review of rules, regulations, and licensing requirements imposed on businesses; require. Amends secs. 8 & 31 of 1969 PA 306 (MCL 24.208 & 24.231) & adds sec. 47a.

MI SB0694

Children: child care; definitions in the child care organizations act; revise. Amends secs. 1 & 9 of 1973 PA 116 (MCL 722.111 & 722.119) & repeals sec. 17a of 1973 PA 116 (MCL 722.127a). TIE BAR WITH: SB 0692'24

MI SB0851

Administrative procedure: rules; annual review of rules, regulations, and licensing requirements imposed on businesses; require. Amends secs. 8 & 31 of 1969 PA 306 (MCL 24.208 & 24.231) & adds sec. 47a.

MI SB0119

Criminal procedure: sentencing; sentencing individuals less than 19 to imprisonment for life without parole eligibility; prohibit. Amends secs. 1 & 1b, ch. IX of 1927 PA 175 (MCL 769.1 & 769.1b) & repeals secs. 25 & 25a, ch. IX of 1927 PA 175 (MCL 769.25 & 769.25a). TIE BAR WITH: SB 0121'23, SB 0123'23, SB 0120'23, SB 0122'23

MI HB6072

Administrative procedure: contested cases; award of costs and fees to prevailing party in a case involving this state; remove certain restrictions, exempt parole hearings from administrative procedures act, and make general revisions to contested case provisions. Amends secs. 71, 72, 80, 87, 115, 122 & 123 of 1969 PA 306 (MCL 24.271 et seq.). TIE BAR WITH: HB 6073'24

MI SB0121

Criminal procedure: sentencing; sentencing individuals less than 19 to imprisonment for life without parole eligibility; amend probate code of 1939 to prohibit. Amends sec. 18, ch. XIIA of 1939 PA 288 (MCL 712A.18). TIE BAR WITH: SB 0119'23, SB 0123'23, SB 0120'23, SB 0122'23

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