HB 4160 Michigan House · 2025-2026 Regular Session

Administrative procedure: rules; adoption of rules by state agencies more stringent than federal regulations; prohibit. Amends secs. 32 & 45 of 1969 PA 306 (MCL 24.232 & 24.245).

HB 4160 prevents Michigan state agencies from creating rules stricter than federal standards, unless they prove a "clear and convincing need" for stricter rules. It directly affects all state agencies that create regulations, requiring them to justify any rule exceeding federal benchmarks. The bill mandates that agencies must either cite specific state law authorizing stricter rules or provide detailed justification for exceptional circumstances. This applies whether federal rules exist or not, though it excludes special education rules from this restriction. The law aims to align state regulations with federal standards unless compelling state-specific reasons exist.

Bill status passed both 4 of 5 stages cleared

Introduction

Feb 2025

Committee Review

Sep 2025

House Passage

Sep 2025

Senate Passage

Sep 2025

Governor

Introduced Feb 26, 2025 Last action Sep 29, 2025

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What changed between versions

House Introduced Bill → As Passed by the House · 5 edits · Sep 24, 2025

MODERATE

This bill amends the Administrative Procedures Act to strengthen protections against discrimination and limit the ability of state agencies to create rules that are stricter than federal standards. It also introduces a comprehensive requirement for agencies to conduct detailed regulatory impact statements, including specific analyses of costs and impacts on small businesses, before adopting new rules.

Scope change

The bill expands the scope of the Administrative Procedures Act to include stricter prohibitions on discriminatory rules and federal preemption, while adding new substantive requirements for rule-making documentation.

REQUIREMENT

Added a prohibition on rules that discriminate against any person or fail to provide equal benefits under similar circumstances.

Added a ban on agencies designating acts as crimes or prescribing criminal penalties unless explicitly authorized by statute.

Added restrictions preventing agencies from adopting rules more stringent than federal standards, unless there is a clear and convincing need or specific statutory authorization.

Added a detailed list of required information for regulatory impact statements, including cost estimates, small business impacts, and alternatives to regulation.

Added a requirement that agencies electronically transmit regulatory impact statements to the office at least 28 days before a public hearing.

Floor votes · House Sep 24, 2025

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Sep 29, 2025

Committee

REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS

upper

Sep 29, 2025

Upper · Passed

PASSED BY HOUSE WITH IMMEDIATE EFFECT

upper

Sep 24, 2025

Lower · Passed

passed; given immediate effect Roll Call #223 Yeas 59 Nays 41 Excused 0 Not Voting 10

lower

Sep 18, 2025

Committee

referred to second reading

lower

Sep 18, 2025

Lower · Passed

reported with recommendation without amendment

lower

Feb 26, 2025

Committee

referred to Committee on Rules

lower

Feb 26, 2025

Introduced

introduced by Representative Rep. Gina Johnsen

lower

1 primary · 23 co-sponsors