HOUSE BILL No. 4780

 

 

June 20, 2017, Introduced by Reps. Kesto and Kosowski and referred to the Committee on Law and Justice.

 

     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

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 2017 amendatory act that

 

amended this section, the legislative council shall examine the

 

electronic compilation of the Michigan compiled laws are printed

 

and bound or otherwise made available to the general public, they

 

shall be examined and compared by the council 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, 1988 PA 100, 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 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, 1988 PA 100, 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 Senate Bill No.____ or House Bill No. 4779 (request no.

 

01664'17) of the 99th Legislature is enacted into law.