2004 House Bill 5670 / Public Act 491

Introduced in the House

March 18, 2004

Introduced by Rep. John Pappageorge (R-41)

To change from 21 calendar days to 15 legislative session days the amount of time that the legislative Joint Committee on Administrative Rules (JCAR) has to object to new administrative rules proposed by executive branch agencies and departments. Under current law, if JCAR votes to object to a rule, it causes bills to be placed on the House and Senate legislative calendars to either postpone implementation of the rule for one year, rescind it, or repeal the law authorizing the rule. One of these bills must be passed by both Houses of the legislature within 21 calendar days, and not vetoed by the governor, or the rule goes into effect anyway. The bill would also change this latter period from 21 calendar days to 15 legislative session days. The bill also makes other technical changes to the rulemaking and approval process. This bill was the result of an agreement between legislative Republicans and Gov. Jennifer Granholm on Senate Bill 252, which imposes new groundwater discharge fees on business and municipalities, and under the agreement will not withdraw the Department of Environmental Quality’s power to make new water pollution rules.

Referred to the Committee of the Whole

March 24, 2004

Passed in the House 105 to 1 (details)

Received in the Senate

March 25, 2004

Dec. 7, 2004

Amendment offered by Sen. Ken Sikkema (R-28)

To establish that if passed the bill will go into effect for rules transmitted to the JCAR on or after January 12, 2005.

The amendment passed by voice vote

Passed in the Senate 37 to 0 (details)

To change from 21 calendar days to 15 legislative session days the amount of time that the legislative Joint Committee on Administrative Rules (JCAR) has to object to new administrative rules proposed by executive branch agencies and departments. Under current law, if JCAR votes to object to a rule, it causes bills to be placed on the House and Senate legislative calendars to either postpone implementation of the rule for one year, rescind it, or repeal the law authorizing the rule. One of these bills must be passed by both Houses of the legislature within 21 calendar days, and not vetoed by the governor, or the rule goes into effect anyway. The bill would also change this latter period from 21 calendar days to 15 legislative session days. The bill also makes other technical changes to the rulemaking and approval process. This bill was the result of an agreement between legislative Republicans and Gov. Jennifer Granholm on Senate Bill 252, which imposes new groundwater discharge fees on business and municipalities, and under the agreement will not withdraw the Department of Environmental Quality’s power to make new water pollution rules.

Received in the House

Dec. 7, 2004

Dec. 8, 2004

Passed in the House 101 to 0 (details)

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

Signed by Gov. Jennifer Granholm

Dec. 28, 2004