Joint Committee on Administrative Rules

Annual Report for the 2018 Legislative Session

3^rd Floor, Boji Building

P.O. Box 30036

Lansing, Michigan 48909-7536

Office: (517) 373-9425

Fax: (517) 373-5642

This report is required under MCL 24.235(1): "The committee (JCAR) shall report its activities and recommendations to the legislature at each regular session." The session referred to is the annual session of the legislature that begins on the second Wednesday in January and ends when the legislature adjourns sine die.

JCAR's Creation and Duties

The Joint Committee on Administrative Rules is Michigan's legislative rules review committee. It was first authorized in 1947. Section 37 of Article IV of the State Constitution of 1963 gives it limited powers to act on administrative rules between sessions of the legislature. Its current, broader enabling act is the Administrative Procedures Act of 1969. It is currently made up of five members of each house of the legislature. The members for 2018 were:

Senator Jim Stamas (Chair)

Senator Tory Rocca

Senator Mike Kowall

Senator Morris W. Hood, III

Senator Curtis Hertel, Jr.

Representative Steven Johnson (Alternate Chair)

Representative John Reilly

Representative Shane Hernandez

Representative Jeremy Moss

Representative Tim Sneller

JCAR has many statutory duties. The routine duties are performed by staff of the Legislative Council, currently by employees of the Legislative Service Bureau, under MCL 24.235(2):

The committee may hire staff to assist the committee under this act. However, the supervision of staff, budgeting, procurement, and related functions of the committee shall be performed by the council administrator under section 104a of the legislative council act, 1986 PA 268, MCL 4.1104a.

Some of the duties required by law are:

Notices of Proposed Guidelines: MCL 24.224(1) requires JCAR to electronically provide a notice of a proposed guideline received from an executive agency not later than the next business day after receipt of the notice to members of JCAR and to members of the standing committees of the Senate and House of Representatives that deal with the subject matter of the proposed guideline.

Notices of Proposed Standard Form Contracts or Policies: MCL 24.228(1) requires JCAR to provide an electronic copy of a notice of certain standard form contracts and policies received from an executive agency not later than the next business day after receipt to members of JCAR and to members of the standing committees of the Senate and House of Representatives that deal with the subject matter of the proposed standard form contract or policy.

Notices of Requests for Rulemaking: MCL 24.239(5) requires JCAR to electronically provide a copy of a request for rule-making by an executive agency and a weekly report of requests for rulemaking that were approved or denied by the Office of Performance and Transformation not later than the next business day after receipt to members of JCAR and to members of the standing committees of the Senate and House of Representatives that deal with the subject matter of the proposed rule.

Notices of Public Hearings: MCL 24.242(4) requires JCAR to electronically transmit a copy of a notice of public hearing on administrative rules received from an executive agency not later than the next business day after receipt of the notice to members of JCAR and to members of the standing committees of the Senate and House of Representatives that deal with the subject matter of the proposed rules.

Notices of Rules: MCL 24.239a(2) requires JCAR to provide a copy of proposed rules received from an executive agency not later than the next business day after receipt to members of JCAR and to members of the standing committees of the Senate and House of Representatives that deal with the subject matter of the proposed rules. Under MCL 24.245(5), JCAR must electronically transmit to the Senate Fiscal Agency and the House Fiscal Agency a copy of each rule and regulatory impact statement it receives.

Notices of Rules Filed with the Secretary of State: MCL 24.250(1), requires JCAR, when the legislature is in session, to electronically notify the appropriate standing committee of each house of the legislature when rules have been transmitted to JCAR by the Secretary of State.

Notices of Annual Regulatory Plans: MCL 24.253(5) requires JCAR to electronically provide a copy of each executive agency plan of review not later than the next business day after receipt to members of JCAR and to members of the standing committees of the Senate and House of Representatives that deal with the subject matter of rules the agency may propose.

Also, the Legislative Service Bureau staff schedule and make preparations for JCAR meetings. There are additional duties under the Open Meetings Act to send and post notices of the meetings and to prepare minutes of the meetings. In addition to providing electronic materials, the Legislative Service Bureau staff have continued to provide substantial written material regarding the rules to be taken up at JCAR meetings to the members of JCAR.

Summary of JCAR Activity for the 2018 Session

JCAR held 4 committee meetings in 2018.

During 2018, JCAR staff sent over 300 notices about rules in progress to legislators. In addition, JCAR received 56 final rule sets.

A summary of the proposed rule documents that JCAR transmitted to committee members and the standing committees of the Senate and House of Representatives are as follows:

§ 110 Requests for Rulemaking were distributed to JCAR members and members of the Standing Committees of the Senate and House of Representatives that deal with the subject matter of the proposed rule.

§ 48 Weekly Lists of Requests for Rulemaking were received and distributed to JCAR members.

§ 51 Notices of Proposed Policies were distributed to JCAR members and members of the Standing Committees of the Senate and House of Representatives that deal with the subject matter of the proposed policy. No standard form contracts were received.

§ 100 Proposed Draft Rules were distributed to JCAR members and members of the Standing Committees of the Senate and House of Representatives that deal with the subject matter of the proposed rule.

§ 50 Notices of Public Hearing were distributed to JCAR members and members of the Standing Committees of the Senate and House of Representatives that deal with the subject matter of the proposed rule.

§ 56 proposed final rule packages, including a JCAR rule analysis, transmittal letter, copy of the rule, and Agency Report and Regulatory Impact Statement, were distributed to JCAR members and members of the Legislature.

§ No Notices of Guidelines were received.

§ 17 Annual Regulatory Plans were distributed to JCAR members and members of the Standing Committees of the Senate and House of Representatives that deal with the subject matter of the agency proposals.

§ 6 Emergency Rules were distributed to JCAR members and members of the Standing Committees of the Senate and House of Representatives that dealt with the subject matter of the proposed rule.