Bill > SB0123

This bill amends the Michigan Administrative Procedures Act to add new restrictions on state agencies' ability to create rules that are more stringent than federal regulations. Specifically, the bill requires that when federal regulations mandate rule-making, agencies cannot create rules more stringent than the federal standard unless the agency director determines there is a "clear and convincing need" to do so. Similarly, for areas where federal rules are not mandated, agencies cannot create more stringent rules unless specifically authorized by state statute or the director determines a clear and convincing need exists. The bill also requires that regulatory impact statements now include additional details about why more stringent rules might be necessary, such as explaining the exceptional circumstances necessitating a stricter standard. The legislation includes an exception for special education rules, allowing more flexibility in that specific domain. The bill aims to limit regulatory overreach by state agencies and ensure that state rules closely align with federal standards, while still providing a pathway for more stringent regulations if truly justified. These changes are part of an ongoing effort to reduce regulatory burden and ensure that state agencies' rule-making processes are transparent, proportional, and well-justified.

Government Affairs

https://legislature.mi.gov/Bills/Bill?ObjectName=2025-SB-0123