2023 Senate Bill 14 / Public Act 104

Administrative procedure: rules; prohibition on adoption of rules by state agencies from being more stringent than federal regulations; eliminate.

An act to amend 1969 PA 306, entitled “An act to provide for the effect, processing, promulgation, publication, and inspection of state agency rules, determinations, and other matters; to provide for the printing, publishing, and distribution of certain publications; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to create and establish certain committees and offices; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date,” by amending sections 32 and 45 (MCL 24.232 and 24.245), as amended by 2018 PA 602.

Mackinac Center Analysis

This bill would repeal a state law that prohibits state agencies from adopting rules that are more stringent than federal law.

Introduced in the Senate

Jan. 17, 2023

Introduced by Sen. Sean McCann (D-19) and 13 co-sponsors

Co-sponsored by Sens. Sarah Anthony (D-21), Jeff Irwin (D-15), Stephanie Chang (D-3), Erika Geiss (D-1), Paul Wojno (D-10), Mary Cavanagh (D-6), John Cherry (D-27), Darrin Camilleri (D-4), Veronica Klinefelt (D-11), Sue Shink (D-14), Dayna Polehanki (D-5), Rosemary Bayer (D-13) and Mallory McMorrow (D-8)

Referred to the Committee on Energy and Environment

April 20, 2023

Reported without amendment

April 25, 2023

Referred to the Committee of the Whole

May 16, 2023

Reported without amendment

May 17, 2023

Substitute S-2 offered by Sen. Dan Lauwers (R-25)

The substitute failed 18 to 20 (details)

Amendment offered by Sen. Michael Webber (R-9)

1. Amend page 9, following line 22, by inserting:

“Enacting section 1. This amendatory act does not take effect unless Senate Joint Resolution C of the 102nd Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963.”.

The amendment failed 18 to 20 (details)

Amendment offered by Sen. Aric Nesbitt (R-20)

1. Amend page 3, following line 14, by inserting:

“(8) An agency shall not adopt or promulgate a rule that is more stringent than an applicable federal standard if this state’s unemployment rate is greater than the national average for any consecutive 3-month period in the preceding calendar year. This prohibition continues until this state’s unemployment rate is less than the national average for 3 consecutive months.”.

The amendment failed 18 to 20 (details)

Amendment offered by Sen. Dan Lauwers (R-25)

1. Amend page 9, following line 22, by inserting:

“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 270 of the 102nd Legislature is enacted into law.”.

The amendment failed 18 to 20 (details)

Passed in the Senate 20 to 18 (details)

Received in the House

May 17, 2023

Referred to the Committee on Natural Resources, Environment, Tourism and Outdoor Recreation

June 22, 2023

Reported without amendment

June 28, 2023

Passed in the House 56 to 52 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Signed by Gov. Gretchen Whitmer

July 27, 2023