2011 House Bill 4240 / Public Act 270

Limit state regulation promulgation authority

Introduced in the House

Feb. 10, 2011

Introduced by Rep. Ken Goike (R-33)

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 Regulatory Reform

May 25, 2011

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass. This version recognizes that the "no more stringent than federal" provision is now in House Bill 4326, and does other things as described in the House-passed version.

June 15, 2011

Substitute offered

The substitute passed by voice vote

June 16, 2011

Passed in the House 63 to 45 (details)

To prohibit a state department from enforcing an agency “guideline,” “bulletin,” or “interpretive statement” that has not been promulgated as an official state regulation under procedures specified in statute. Also, to require them to assess the "small business impact" of proposed rules, and if it is great to exempt them or modify the rule to reduce the negative impact.

Received in the Senate

June 21, 2011

Referred to the Committee on Economic Development

Nov. 3, 2011

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Nov. 9, 2011

Substitute offered

To replace the previous version of the bill with one that does not have the "small business impact" provisions. A subsequent substitute added some additional detail changes to this substantive change.

The substitute passed by voice vote

Dec. 6, 2011

Substitute offered by Sen. Mike Kowall (R-15)

To replace the previous version of the bill with one that revises details but does not change the substance as previously described.

The substitute passed by voice vote

Passed in the Senate 26 to 9 (details)

To prohibit a state department from enforcing an agency “guideline,” “bulletin,” or “interpretive statement” that has not been promulgated as an official state regulation under procedures specified in statute, or enforcing a rule that exceeds the delegation to it of rulemaking authority in a particular statute.

Received in the House

Dec. 6, 2011

Dec. 7, 2011

Passed in the House 62 to 46 (details)

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

Signed by Gov. Rick Snyder

Dec. 19, 2011