HF 215

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; rulemaking; authorizing 
  1.3             the governor to veto certain rules and terminate rule 
  1.4             proceedings; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 4. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [4.036] [RULE REVIEW BY GOVERNOR.] 
  1.8      Subdivision 1.  [TERMINATION OF RULE PROCEEDINGS.] The 
  1.9   governor may summarily terminate any pending rulemaking 
  1.10  proceeding under chapter 14 by an executive order to that 
  1.11  effect, stating in the order the reasons for the action.  The 
  1.12  executive order must be filed in the office of the secretary of 
  1.13  state, which shall promptly forward a certified copy to the 
  1.14  agency and the revisor of statutes.  An executive order 
  1.15  terminating a rulemaking proceeding becomes effective on the 
  1.16  date it is filed and must be published in the next issue of the 
  1.17  State Register. 
  1.18     Subd. 2.  [VETO OF ADOPTED RULES.] The governor may veto 
  1.19  all or a severable portion of a previously adopted rule of an 
  1.20  agency as defined in section 14.02, subdivisions 2 and 4, by 
  1.21  publishing notice of the veto in the State Register.  The notice 
  1.22  must include the reasons for the veto.  This authority applies 
  1.23  only to the extent that the agency itself would have authority, 
  1.24  through rulemaking, to take such action.  If the governor vetoes 
  1.25  a rule or portion of a rule under this section, the governor 
  2.1   shall place before the next regular session of the legislature a 
  2.2   bill to repeal the vetoed rule or portion of the rule.  If the 
  2.3   bill is not enacted in that year's regular session:  (1) the 
  2.4   rule or portion of the rule is effective again upon adjournment 
  2.5   of the session, unless the agency has repealed it; and (2) the 
  2.6   same governor may not veto the same rule or the same portion of 
  2.7   the rule again. 
  2.8      Sec. 2.  [EFFECTIVE DATE.] 
  2.9      Section 1 is effective the day following final enactment.