HF 1222

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to legislation; providing rules for the 
  1.3             construction of laws and administrative rules; 
  1.4             adopting the Uniform Statute and Rule Construction 
  1.5             Act; amending Minnesota Statutes 1998, sections 
  1.6             41B.23; 116R.15; 219.755; 354.05, subdivision 40; 
  1.7             573.02, subdivision 4; 645.001; 645.08; and 645.34; 
  1.8             proposing coding for new law in Minnesota Statutes, 
  1.9             chapter 645; repealing Minnesota Statutes 1998, 
  1.10            sections 645.14; 645.15; 645.151; 645.16; 645.17; 
  1.11            645.20; 645.21; 645.22; 645.26; 645.28; 645.31, 
  1.12            subdivision 2; 645.35; 645.36; 645.37; 645.39; 645.44, 
  1.13            subdivisions 15 and 16; and 645.48. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15                             ARTICLE 1 
  1.16             UNIFORM STATUTE AND RULE CONSTRUCTION ACT 
  1.17     Section 1.  Minnesota Statutes 1998, section 645.001, is 
  1.18  amended to read: 
  1.19     645.001 [APPLICABILITY OF LAWS ON DEFINITIONS AND 
  1.20  INTERPRETATION.] 
  1.21     The provisions of this chapter, unless specifically 
  1.22  provided to the contrary by section 645.61 or other law or rule, 
  1.23  govern all rules becoming effective after June 30, 1981.  
  1.24     Sec. 2.  Minnesota Statutes 1998, section 645.08, is 
  1.25  amended to read: 
  1.26     645.08 [CANONS OF CONSTRUCTION.] 
  1.27     In construing the statutes of this state, the following 
  1.28  canons of interpretation are to govern, unless their observance 
  1.29  would involve a construction inconsistent with the manifest 
  2.1   intent of the legislature, or repugnant to the context of the 
  2.2   statute: 
  2.3      (1) Words and phrases are construed according to rules of 
  2.4   grammar and according to their common and approved usage; but 
  2.5   technical words and phrases and such others as have acquired a 
  2.6   special meaning, or are defined in this chapter, are construed 
  2.7   according to such special meaning or their definition; 
  2.8      (2) The singular includes the plural; and the plural, the 
  2.9   singular; words of one gender include the other genders; words 
  2.10  used in the past or present tense include the future; 
  2.11     (3) General words are construed to be restricted in their 
  2.12  meaning by preceding particular words; 
  2.13     (4) Words in a law conferring a joint authority upon three 
  2.14  or more public officers or other persons are construed to confer 
  2.15  authority upon a majority of such officers or persons; and 
  2.16     (5) (2) A majority of the qualified members of any board or 
  2.17  commission constitutes a quorum.  
  2.18     Sec. 3.  [645.61] [APPLICABILITY.] 
  2.19     (a) Sections 645.61 to 645.78 apply to a statute enacted or 
  2.20  rule adopted before, on, or after the effective date of sections 
  2.21  645.61 to 645.78, unless the statute or rule expressly provides 
  2.22  otherwise, the context of its language requires otherwise, or 
  2.23  the application of sections 645.61 to 645.78 to the statute or 
  2.24  rule would be infeasible.  
  2.25     (b) Paragraph (a) does not authorize an administrative 
  2.26  agency to exempt its rules from a provision of sections 645.61 
  2.27  to 645.78. 
  2.28     Sec. 4.  [645.62] [COMMON AND TECHNICAL USAGE.] 
  2.29     Unless a word or phrase is defined in the statute or rule 
  2.30  being construed, its meaning is determined by its context, the 
  2.31  rules of grammar, and common usage.  A word or phrase that has 
  2.32  acquired a technical or particular meaning in a particular 
  2.33  context has that meaning if it is used in that context. 
  2.34     Sec. 5.  [645.63] [CONSTRUCTION OF "SHALL," "MUST," AND 
  2.35  "MAY."] 
  2.36     (a) "Shall" and "must" express a duty, obligation, 
  3.1   requirement, or condition precedent. 
  3.2      (b) "May" confers a power, authority, privilege, or right. 
  3.3      (c) "May not," "must not," and "shall not" prohibit the 
  3.4   exercise of a power, authority, privilege, or right. 
  3.5      Sec. 6.  [645.64] [NUMBER, GENDER, AND TENSE.] 
  3.6      (a) Use of the singular number includes the plural, and use 
  3.7   of the plural number includes the singular. 
  3.8      (b) Use of a word of one gender includes corresponding 
  3.9   words of the other genders. 
  3.10     (c) Use of a verb in the present tense includes the future 
  3.11  tense. 
  3.12     Sec. 7.  [645.65] [REFERENCE TO SERIES.] 
  3.13     A reference to a series of numbers or letters includes the 
  3.14  first and last number or letter. 
  3.15     Sec. 8.  [645.66] [COMPUTATION OF TIME.] 
  3.16     In computing a period of time prescribed or allowed by a 
  3.17  statute or rule for taking or withholding action before, during, 
  3.18  or after the period, the following rules apply: 
  3.19     (1) If the period is expressed in days, the first day of 
  3.20  the period is excluded and the last day is included. 
  3.21     (2) If the period is expressed in weeks, the period ends on 
  3.22  the day that is the same day of the concluding week as the day 
  3.23  of the week on which an event determinative of the computation 
  3.24  occurred. 
  3.25     (3) If the period is expressed in months, the period ends 
  3.26  on the day of the concluding month which is numbered the same as 
  3.27  the day of the month on which an event determinative of the 
  3.28  computation occurred unless the concluding month has no such 
  3.29  day, in which case the period ends on the last day of the 
  3.30  concluding month. 
  3.31     (4) If the period is expressed in years, the period ends on 
  3.32  the day of the concluding month of the concluding year which is 
  3.33  numbered the same as the day of the month of the year on which 
  3.34  an event determinative of the computation occurred unless the 
  3.35  concluding month has no such day, in which case the period ends 
  3.36  on the last day of the concluding month of the concluding year.  
  4.1      (5) If the period is less than seven days, a Saturday, 
  4.2   Sunday, or legal holiday is excluded from the computation. 
  4.3      (6) If the last day of the period is a Saturday, Sunday, or 
  4.4   legal holiday, the period ends on the next day that is not a 
  4.5   Saturday, Sunday, or legal holiday. 
  4.6      (7) A day begins immediately after midnight and ends at the 
  4.7   next midnight. 
  4.8      (8) If the period is determinable by the occurrence of a 
  4.9   future event, the first day of the period is ascertained by 
  4.10  applying the rules of the preceding paragraphs backward from the 
  4.11  last day of the period as if the event had occurred.  
  4.12     Sec. 9.  [645.67] [PROSPECTIVE OPERATION.] 
  4.13     A statute or rule operates prospectively only unless the 
  4.14  statute or rule expressly provides otherwise or its context 
  4.15  requires that it operate retrospectively. 
  4.16     Sec. 10.  [645.68] [SEVERABILITY.] 
  4.17     If a provision of a statute or rule or its application to 
  4.18  any person or circumstance is held invalid, the invalidity does 
  4.19  not affect other provisions or applications of the statute or 
  4.20  rule which can be given effect without the invalid provision or 
  4.21  application, and to this end the provisions of the statute or 
  4.22  rule are severable. 
  4.23     Sec. 11.  [645.69] [IRRECONCILABLE STATUTES OR RULES.] 
  4.24     (a) If statutes appear to conflict, they must be construed, 
  4.25  if possible, to give effect to each.  If the conflict is 
  4.26  irreconcilable, the later enacted statute governs.  However, an 
  4.27  earlier enacted specific, special, or local statute prevails 
  4.28  over a later enacted general statute unless the context of the 
  4.29  later enacted statute indicates otherwise.  
  4.30     (b) If an administrative agency's rules appear to conflict, 
  4.31  they must be construed, if possible, to give effect to each.  If 
  4.32  the conflict is irreconcilable, the later adopted rule governs.  
  4.33  However, an earlier adopted specific, special, or local rule 
  4.34  prevails over a later adopted general rule unless the context of 
  4.35  the later adopted rule indicates otherwise. 
  4.36     (c) If a statute is a comprehensive revision of the law on 
  5.1   a subject, it prevails over previous statutes on the subject, 
  5.2   whether or not the revision and the previous statutes conflict 
  5.3   irreconcilably. 
  5.4      (d) If a rule is a comprehensive revision of the rules on 
  5.5   the subject, it prevails over previous rules on the subject, 
  5.6   whether or not the revision and the previous rules conflict 
  5.7   irreconcilably. 
  5.8      Sec. 12.  [645.70] [ENROLLED ACT CONTROLS OVER SUBSEQUENT 
  5.9   PUBLICATION.] 
  5.10     If the text of an enrolled act differs from a later 
  5.11  publication of the text, the enrolled act prevails.  
  5.12     Sec. 13.  [645.71] [INCORPORATION BY REFERENCE.] 
  5.13     (a) A statute or rule that incorporates by reference 
  5.14  another statute of this state incorporates a later enactment or 
  5.15  amendment of the other statute.  
  5.16     (b) A statute that incorporates by reference a rule of this 
  5.17  state does not incorporate a later adoption or amendment of the 
  5.18  rule. 
  5.19     (c) A rule that incorporates by reference another rule of 
  5.20  this state incorporates a later adoption or amendment of the 
  5.21  other rule. 
  5.22     (d) A statute or rule that incorporates by reference a 
  5.23  statute or rule of another jurisdiction does not incorporate a 
  5.24  later enactment or adoption or amendment of the other statute or 
  5.25  rule.  
  5.26     Sec. 14.  [645.72] [CONTINUATION OF PREVIOUS STATUTE OR 
  5.27  RULE.] 
  5.28     A statute or rule that is revised, whether by amendment or 
  5.29  by repeal and reenactment, is a continuation of the previous 
  5.30  statute or rule and not a new enactment to the extent that it 
  5.31  contains substantially the same language as the previous statute 
  5.32  or rule. 
  5.33     Sec. 15.  [645.73] [REPEAL OF REPEALING STATUTE OR RULE.] 
  5.34     The repeal of a repealing statute or rule does not revive 
  5.35  the statute or rule originally repealed or impair the effect of 
  5.36  a savings clause in the original repealing statute or rule. 
  6.1      Sec. 16.  [645.74] [EFFECT OF AMENDMENT OR REPEAL.] 
  6.2      (a) Except as to procedural provisions, an amendment or 
  6.3   repeal of a civil statute or rule does not affect a pending 
  6.4   action or proceeding or a right accrued before the amendment or 
  6.5   repeal takes effect. 
  6.6      (b) Except as to procedural provisions, a pending civil 
  6.7   action or proceeding may be completed, and a right accrued may 
  6.8   be enforced as if the statute or rule had not been amended or 
  6.9   repealed. 
  6.10     (c) If a penalty for violation of a statute or rule is 
  6.11  reduced by an amendment, the penalty, if not already imposed, 
  6.12  must be imposed under the statute or rule as amended. 
  6.13     Sec. 17.  [645.75] [PRINCIPLES OF CONSTRUCTION; 
  6.14  PRESUMPTION.] 
  6.15     (a) A statute or rule is construed, if possible, to: 
  6.16     (1) give effect to its objective and purpose; 
  6.17     (2) give effect to its entire text; and 
  6.18     (3) avoid an unconstitutional, absurd, or unachievable 
  6.19  result. 
  6.20     (b) A statute that is intended to be uniform with those of 
  6.21  other states is construed to effectuate that purpose with 
  6.22  respect to the subject of the statute. 
  6.23     (c) The presumption that a civil statute in derogation of 
  6.24  the common law is construed strictly does not apply to a statute 
  6.25  of this state. 
  6.26     Sec. 18.  [645.76] [PRIMACY OF TEXT.] 
  6.27     The text of a statute or rule is the primary, essential 
  6.28  source of its meaning. 
  6.29     Sec. 19.  [645.77] [OTHER AIDS TO CONSTRUCTION.] 
  6.30     (a) In considering the text of a statute or rule in light 
  6.31  of sections 4 to 8, section 17, and the context in which the 
  6.32  statute or rule is applied, the following aids to construction 
  6.33  may be considered in ascertaining the meaning of the text: 
  6.34     (1) the meaning of a word or phrase may be limited by the 
  6.35  series of words or phrases of which it is a part; and 
  6.36     (2) the meaning of a general word or phrase following two 
  7.1   or more specific words or phrases may be limited to the category 
  7.2   established by the specific words or phrases. 
  7.3      (b) In addition to considering the text of a statute or 
  7.4   rule in light of sections 4 to 8, section 17, the context in 
  7.5   which the statute or rule is applied, and the aids to 
  7.6   construction in paragraph (a), the following aids to 
  7.7   construction may be considered in ascertaining the meaning of 
  7.8   the text: 
  7.9      (1) a settled judicial construction in another jurisdiction 
  7.10  as of the time a statute or rule is borrowed from the other 
  7.11  jurisdiction; 
  7.12     (2) a judicial construction of the same or a similar 
  7.13  statute or rule of this or another state; 
  7.14     (3) an official commentary published and available before 
  7.15  the enactment or adoption of the statute or rule; 
  7.16     (4) an administrative construction of the same or a similar 
  7.17  statute or rule of this state; 
  7.18     (5) a previous statute or rule, or the common law, on the 
  7.19  same subject; 
  7.20     (6) a statute or rule on the same or a related subject, 
  7.21  even if it was enacted or adopted at a different time; and 
  7.22     (7) a reenactment of a statute or a readoption of a rule 
  7.23  which does not change the pertinent language after a court or 
  7.24  agency construed the statute or rule. 
  7.25     (c) If, after considering the text of a statute or rule in 
  7.26  light of sections 4 to 8, section 17, the context in which the 
  7.27  statute or rule is applied, and the aids to construction in 
  7.28  paragraphs (a) and (b), the meaning of the text or its 
  7.29  application is uncertain, the following aids to construction may 
  7.30  be considered in ascertaining the meaning of the text: 
  7.31     (1) the circumstances that prompted the enactment or 
  7.32  adoption of the statute or rule; 
  7.33     (2) the purpose of a statute or rule as determined from the 
  7.34  legislative or administrative history of the statute or rule; 
  7.35     (3) the history of other legislation on the same subject; 
  7.36     (4) legislative or rulemaking materials, including proposed 
  8.1   or adopted amendments, preambles, statements of intent or 
  8.2   purpose, findings of fact, notes indicating source, 
  8.3   contemporaneous documents prepared as a part of the legislative 
  8.4   or rulemaking process, fiscal notes, and committee reports; 
  8.5      (5) the record of legislative or administrative agency 
  8.6   debates and hearings; and 
  8.7      (6) written or printed materials that are not legislative 
  8.8   materials. 
  8.9      (d) In ascribing weight to the materials listed in 
  8.10  paragraph (c), greater weight must be given to materials that: 
  8.11     (1) are shown by the record to have been considered by the 
  8.12  legislature or administrative agency before passage or adoption 
  8.13  than to materials not shown by the record to have been so 
  8.14  considered; 
  8.15     (2) were available to the legislature or administrative 
  8.16  agency before passage or adoption than to materials not so 
  8.17  available; 
  8.18     (3) formed the basis for the language in the statute or 
  8.19  rule than to materials that did not do so; and 
  8.20     (4) were not revised after they were considered by the 
  8.21  legislature or administrative agency than to materials that were 
  8.22  so revised. 
  8.23     Sec. 20.  [645.78] [SHORT TITLE.] 
  8.24     Sections 645.61 to 645.78 may be cited as the Uniform 
  8.25  Statute and Rule Construction Act (1995). 
  8.26     Sec. 21.  [REPEALER.] 
  8.27     Minnesota Statutes 1998, sections 645.14; 645.15; 645.151; 
  8.28  645.16; 645.17; 645.20; 645.21; 645.22; 645.26; 645.28; 645.31, 
  8.29  subdivision 2; 645.35; 645.36; 645.37; 645.39; 645.44, 
  8.30  subdivisions 15 and 16; and 645.48, are repealed. 
  8.31                             ARTICLE 2 
  8.32                         CONFORMING CHANGES 
  8.33     Section 1.  Minnesota Statutes 1998, section 41B.23, is 
  8.34  amended to read: 
  8.35     41B.23 [SEVERABILITY; ACTIONS.] 
  8.36     Each of the provisions of sections 41B.01 to 41B.23, and 
  9.1   each application thereof to particular circumstances, is 
  9.2   severable.  If any provision or application is found to be 
  9.3   unconstitutional and void, it is the intention that the 
  9.4   remaining provisions and applications shall be valid and 
  9.5   enforceable to the full extent possible under section 645.20 
  9.6   645.68.  The supreme court shall have original jurisdiction, 
  9.7   pursuant to article VI, section 2 of the constitution, in all 
  9.8   cases seeking a remedy based upon an issue raised as to the 
  9.9   validity of any such provision or application. 
  9.10     Sec. 2.  Minnesota Statutes 1998, section 116R.15, is 
  9.11  amended to read: 
  9.12     116R.15 [SEVERABILITY; ACTIONS.] 
  9.13     Each of the provisions of sections 116R.01 to 116R.16, and 
  9.14  each application thereof to particular circumstances, is 
  9.15  severable.  If any provision or application is found to be 
  9.16  unconstitutional and void, it is the intention that the 
  9.17  remaining provisions and applications shall be valid and 
  9.18  enforceable to the full extent possible under section 645.20 
  9.19  645.68.  
  9.20     Sec. 3.  Minnesota Statutes 1998, section 219.755, is 
  9.21  amended to read: 
  9.22     219.755 [EFFECT OF REPEAL; INTERPRETATION PROVISION DOES 
  9.23  NOT APPLY.] 
  9.24     Section 645.35 645.74, to the extent it addresses the 
  9.25  effect of a repeal, does not apply to sections 219.681, 219.691, 
  9.26  219.692, 219.741, 219.743, and 219.751. 
  9.27     Sec. 4.  Minnesota Statutes 1998, section 354.05, 
  9.28  subdivision 40, is amended to read: 
  9.29     Subd. 40.  [TIMELY RECEIPT.] An application, payment, 
  9.30  return, claim, or other document that is not personally 
  9.31  delivered to the association on or before the applicable due 
  9.32  date is considered to be a timely receipt if officially 
  9.33  postmarked on or before the due date or delivered or filed under 
  9.34  section 645.151 in compliance with section 645.66, clause (6). 
  9.35     Sec. 5.  Minnesota Statutes 1998, section 573.02, 
  9.36  subdivision 4, is amended to read: 
 10.1      Subd. 4.  This section shall not apply to any death or 
 10.2   cause of action arising prior to its enactment, nor to any 
 10.3   action or proceeding now pending in any court of the state of 
 10.4   Minnesota, except, notwithstanding section 645.21 645.67, this 
 10.5   section shall apply to any death or cause of action arising 
 10.6   prior to its enactment which resulted from an intentional act 
 10.7   constituting murder, and to any such action or proceeding now 
 10.8   pending in any court of the state of Minnesota with respect to 
 10.9   issues on which a final judgment has not been entered. 
 10.10     Sec. 6.  Minnesota Statutes 1998, section 645.34, is 
 10.11  amended to read: 
 10.12     645.34 [REPEAL OF AMENDATORY AND ORIGINAL LAWS SUBSEQUENTLY 
 10.13  AMENDED.] 
 10.14     The repeal of an amendatory law does not revive the 
 10.15  corresponding provision or section of the original law or of any 
 10.16  prior amendment.  Except as otherwise provided in section 
 10.17  645.26, subdivision 3 sections 645.30 and 645.69, the repeal of 
 10.18  the original law, or section or provision of the original law, 
 10.19  repeals all subsequent amendments to the original law, or to the 
 10.20  original section or provision, as the case may be.