Friday, March 6, 2009

Lawmakers Keep Finding New Businesses to Regulate

Does Government need to regulate everything?

The continuing efforts by the state legislature to regulate, license, punish, and literally drive business out of this state seem to be unabated. The latest examples are House Bills 4458 and 4459. These bills would require “Trauma scene waste management practitioners” to register with the state. I bet you didn’t know there even was such a thing as a trauma scene waste management practitioner. Well, there is, but if this law goes into effect, there will likely be fewer of them.

Here are some of the onerous things this legislation would do:

  • Give regulatory authority over any medical waste producing facility to the Michigan Department of Environmental Quality (MDEQ).

  • Require anyone in the business to register as a trauma scene waste management practitioner

  • Establish registration fees of $75

  • Change administrative fines to civil fines

  • Create criminal penalties for violations

  • Give current practitioners 30 days to apply for a permit

  • Require practitioners to submit a management plan and proof of insurance

  • Require a fee for background checks of all owners, officers and employees.

  • Force practitioners to submit to “unannounced inspections”

  • Require labeling and storage standards

  • Allow civil fines of up to $2,500 per violation and $1,000 per day while violation continues

  • Allow the MDEQ to promulgate rules, which, if violated, would be punishable by up to six months in prison and $1,000 fine.

  • Allow the MDEQ to shut down any facility that it believed to be in violation.

This legislation is apparently on the fast track. It was introduced in late February and has already cleared committee. It is awaiting final passage on the House floor.

Can you imagine being a business owner who has to face all these new regulations, fees and potential fines, not to mention the potential for jail time if you do not comply with arbitrary DEQ rules? This is quite possibly a violation of the constitution, to give an agency of the executive branch the authority to write rules, which could land you in prison if you don’t comply. One thing is certain; this legislation will not lure new business to Michigan, but will surely drive more businesses OUT of Michigan.

Click here to find your Representative, then let them know you think this is just too much regulation.

1 comment:

Gary said...

It's fascinating that our liberal lawmakers want to take preemptive action against legitimate businesses with a good record but think known terrorists should be handled as police actions, and then only after they've committed their crimes.

One thing Michigan's statists have accomplished is to force innovators to come up with new ways to earn a living in a stridently anti-business climate. A second thing they've done is to disperse them to states where they're appreciated. Bye-bye entrepreneurs, bye-bye jobs, bye-bye taxes. Bye-bye Michigan.