State Representative Bill G. Schuette’s plan to provide critical oversight and better help state government evaluate policies and decisions that impact Michiganders every day was advanced today by the state House.

With House Bill 5818, Schuette is spearheading a replacement for the Legislature’s Joint Committee on Administrative Rules (JCAR), which is responsible for the oversight of rules proposed in the Michigan Administrative Code or adopted by state agencies. The new ROAR committee – short for Regulatory Oversight and Administrative Review – would decide on proposed rules.

“Policies that are set shape our future as a state. They determine Michigan’s ability to compete for jobs, talent and residents. They impact family budgets and can alter the fabric of communities,” Schuette said. “These reforms will provide transparency and a concise, effective process for how some of these rules are set. It puts the people and good government practices over partisan platforms and will “rein” in an out-of-control regulatory system that we are seeing in Michigan. It is time for Michigan to no longer be a gotcha state and be a can-do state that answers to you.”

State agencies such as the Secretary of State and Department of Environment, Great Lakes, and Energy have conducted public hearings on changes, but failed to incorporate feedback in amended proposals. At that point, dangerous rules may take effect that can only be rejected through litigation, which can clog up state and local courts.

The ROAR committee will be made up of five members from each legislative chamber, appointed in the same manner as members of standing committees, for two-year terms. For both the House and Senate, three members must be from the majority party, and two must be from the minority party. The Senate chairperson will serve in odd-numbered years, and the House chairperson will serve even-numbered years.

Accompanying legislation, House Bill 5817, will allow the Legislature to approve major rules by concurrent resolution and require rules to be rescinded and reviewed five years after they take effect to ensure they’re still what’s best for the people.

Under the advancing plans, the ROAR committee may request information necessary from an agency when evaluating whether to approve, disapprove or request changes to proposed rules. The bills also require the Legislative Service Bureau to provide a regulatory impact statement and analysis report for proposed rules that include information on cost savings or financial benefits to the public, compliance costs for regulated entities, effects on state revenues or expenditures, and more.

The committee and its expanded role will be modeled after the federal government’s Regulations from the Executive in Need of Scrutiny Act – or REINS. Several states have enacted some version of REINS to deliver stronger oversight and block unnecessary or potentially harmful rules.

“State agencies have increasingly used workarounds within rulemaking processes to bypass representatives of the people and in some cases have enacted policies that would fail if they were before a legislative chamber,” Schuette said, noting that JCAR is not conducive to being able to stop impractical rules or reckless regulations from taking effect. “Unfortunately, these abuses of bureaucratic power are likely going to get worse – regardless of who holds the governor’s office – unless we craft a better way forward. This new bipartisan committee will protect workers, families and job providers from overreach while allowing the Legislature to maintain crucial checks and balances within state government.”

House Bills 5817-18 now move to the Senate for consideration.