HB-4780, As Passed House, January 25, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4780

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1970 PA 193, entitled

 

"An act to provide for the compilation of the general laws of this

state and the compilation and revision of state administrative

rules; and to prescribe certain functions of the legislative

council and certain state agencies relative thereto,"

 

by amending sections 1 and 7 (MCL 8.41 and 8.47), as amended by

 

1999 PA 263.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) The legislative council shall provide for

 

compilations the compilation of all general laws in force and shall

 

make this compilation available to the general public.

 

     (2) The office of regulatory reform performance and

 

transformation shall provide compilations for the compilation of

 

administrative rules promulgated under the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and

shall make this compilation available to the general public.

 

     (3) The legislative council shall do all of the following in a

 

compilation under subsection (1):

 

     (a) Arrange the general laws shall be arranged without

 

alteration. All compilations shall include

 

     (b) Provide appropriate heads headings and titles. The printed

 

compilations shall contain an

 

     (c) Provide for an index of the laws or rules contained in the

 

compilations and or means of searching the compilation.

 

     (d) Include any notes, references, and other materials as the

 

council or office of regulatory reform considers necessary or

 

appropriate.

 

     (e) Include the date that the compilation was last designated

 

as official under section 7.

 

     (f) Identify the most recent public act included in the

 

compilation.

 

     (4) The office of performance and transformation shall do all

 

of the following in a compilation under subsection (2):

 

     (a) Arrange the administrative rules without alteration.

 

     (b) Provide appropriate headings and titles.

 

     (c) Provide for an index or a means of searching the

 

compilation.

 

     (d) Include any notes, references, and other materials the

 

office of performance and transformation considers necessary or

 

appropriate.

 

     (5) (4) The legislative council shall determine the number of

 

sets of the compiled laws to be printed and bound, the weight and

House Bill No. 4780 as amended January 24, 2018

kind of paper, the style and material for binding, and all other

 

matters concerning the format and contents content of the

 

compilations.compilation under subsection (1) and the manner in

 

which the compilation is made available to the general public.

 

     (6) (5) The office of regulatory reform performance and

 

transformation shall determine the number of sets of the

 

administrative rules to be printed and bound, the weight and kind

 

of paper, the style and material for binding, and all other matters

 

concerning the format and contents content of the

 

compilations.compilation under subsection (2) and the manner in

 

which the compilation is made available to the general public.

 

     Sec. 7. (1) Before any copies of a volume of Not later than

 

180 days after the effective date of the [2018] amendatory act that

 

amended this section, the legislative council shall examine the

 

electronic compilation of the compiled laws are printed and bound

 

or otherwise made available to the general public, they shall be

 

examined and compared by the council Michigan Compiled Laws and, if

 

in compliance with this act, the legislative council shall so

 

certify.designate the electronic compilation as official pursuant

 

to chapter 1A of the legislative council act, 1986 PA 268, MCL

 

4.1121 to 4.1131. In addition, after the final adjournment of a

 

regular session held in an even-numbered year, the legislative

 

council shall authenticate that the compilation of the Michigan

 

Compiled Laws is an accurate copy of the general laws in force

 

through the end of that regular session.

 

     (2) Before any copies of a volume of the compilation of the

 

Michigan administrative code are printed and bound or otherwise

Administrative Code is made available to the general public, they

 

shall be examined and compared by the office of regulatory reform

 

performance and transformation shall examine the Michigan

 

Administrative Code and, if in compliance with this act, the office

 

of regulatory reform performance and transformation shall so

 

certify.designate the electronic compilation as official pursuant

 

to chapter 1A of the legislative council act, 1986 PA 286, MCL

 

4.1121 to 4.1131.

 

     (3) After the certification, designation as official under

 

subsection (1) or (2), the compiled laws Michigan Compiled Laws and

 

administrative rules shall be the Michigan Administrative Code, as

 

appropriate, are considered to be the official statutes and

 

administrative rules of this state and evidence in all courts

 

having jurisdiction. The certification shall be printed in each

 

volume.An individual contesting the accuracy of a compilation of

 

the Michigan Compiled Laws or the Michigan Administrative Code

 

designated as official under this section has the burden of proving

 

by a preponderance of the evidence that the compilation is not

 

accurate.

 

     Enacting section 1. This amendatory act does not take effect

 

unless House Bill No. 4779 of the 99th Legislature is enacted into

 

law.