2011 Senate Bill 272 / Public Act 243

Limit state department rulemaking authority

Introduced in the Senate

March 17, 2011

Introduced by Sen. Mike Kowall (R-15)

To prohibit a state department from promulgating rules more stringent than required by federal standards, unless specifically required to by state statute. The bill would prohibit enforcement of an agency “guideline,” “bulletin,” or “interpretive statement” that has not been promulgated as an official state regulation under procedures specified in statute.

Referred to the Committee on Economic Development

April 28, 2011

Reported without amendment

With the recommendation that the bill pass.

May 5, 2011

Amendment offered by Sen. Rebekah Warren (D-18)

To exempt rules "designed to protect the quality of the Great Lakes" from the bill's restrictions.

The amendment failed 15 to 21 (details)

Amendment offered by Sen. Rebekah Warren (D-18)

To strip out a provision establishing an agency's failure to accurately assess a rule's impact on small business as a basis for a lawsuit challenging the enforcement of the rule, and another provision authorizing damages equal to 10 times the permit application fee for excessive permit processing delays.

The amendment failed by voice vote

Passed in the Senate 27 to 11 (details)

To prohibit a state department from promulgating rules more stringent than required by federal standards, unless specifically required to by state statute. The bill would prohibit enforcement of an agency “guideline,” “bulletin,” or “interpretive statement” that has not been promulgated as an official state regulation under procedures specified in statute. It would also require agencies to consider exempting small businesses from a proposed rule, or find ways to reduce the impact on them.

Received in the House

May 5, 2011

Referred to the Committee on Regulatory Reform

Nov. 2, 2011

Reported without amendment

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

Nov. 9, 2011

Substitute offered

To adopt a version that only has the small business provisions, because the other provisions were moved to another bill.

The substitute passed by voice vote

Nov. 10, 2011

Passed in the House 100 to 7 (details)

To require state agencies to consider exempting small businesses from a proposed rule, or find ways to reduce the impact on them.

Received in the Senate

Nov. 29, 2011

Nov. 30, 2011

Passed in the Senate 26 to 11 (details)

To concur with the House-passed version of the bill.

Signed by Gov. Rick Snyder

Dec. 8, 2011