HF 281

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; requiring the 
  1.3             legislative coordinating commission to appoint a 
  1.4             bicameral group to review administrative rules; 
  1.5             specifying certain duties of the group; amending 
  1.6             Minnesota Statutes 1998, sections 3.841; and 3.842, 
  1.7             subdivisions 1, 2, and 3; repealing Minnesota Statutes 
  1.8             1998, section 3.305, subdivision 8. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 3.841, is 
  1.11  amended to read: 
  1.12     3.841 [LEGISLATIVE COORDINATING COMMISSION.] 
  1.13     (a) For purposes of sections 3.842 and 3.843, "commission" 
  1.14  means the legislative coordinating commission or. 
  1.15     (b) The commission must establish a legislative commission 
  1.16  or subcommittee established by the coordinating 
  1.17  commission bicameral group under section 3.305, subdivision 6,.  
  1.18  The bicameral group must include at least three members of the 
  1.19  house of representatives and three members of the senate.  The 
  1.20  group must include at least one member of the minority caucus 
  1.21  from each house.  The group must perform functions assigned to 
  1.22  it in section 3.842, subdivisions 1 to 3.  The legislative 
  1.23  coordinating commission may authorize the group to exercise the 
  1.24  other powers and discharge the duties of the coordinating 
  1.25  commission under sections 3.842 and 3.843 or other law requiring 
  1.26  action by the coordinating commission on matters relating to 
  1.27  administrative rules. 
  2.1      Sec. 2.  Minnesota Statutes 1998, section 3.842, 
  2.2   subdivision 1, is amended to read: 
  2.3      Subdivision 1.  [PURPOSE.] The commission bicameral group 
  2.4   established under section 3.841 shall promote adequate and 
  2.5   proper rules by agencies and an understanding upon the part of 
  2.6   the public respecting them.  
  2.7      Sec. 3.  Minnesota Statutes 1998, section 3.842, 
  2.8   subdivision 2, is amended to read: 
  2.9      Subd. 2.  [JURISDICTION.] The jurisdiction of the 
  2.10  commission and the bicameral group includes all rules as defined 
  2.11  in section 14.02, subdivision 4.  The commission and bicameral 
  2.12  group also has have jurisdiction of rules filed with the 
  2.13  secretary of state in accordance with sections 14.38, 
  2.14  subdivisions 5, 6, 7, 8, 9, and subdivision 11; 14.386; and 
  2.15  14.388.  
  2.16     The commission bicameral group may periodically review 
  2.17  statutory exemptions to the rulemaking provisions of this 
  2.18  chapter.  
  2.19     Sec. 4.  Minnesota Statutes 1998, section 3.842, 
  2.20  subdivision 3, is amended to read: 
  2.21     Subd. 3.  [HEARINGS.] The commission bicameral group 
  2.22  established under section 3.841 may hold public hearings to 
  2.23  investigate complaints with respect to rules if it considers the 
  2.24  complaints meritorious and worthy of attention.  Upon written 
  2.25  request of two or more of its members or five or more members of 
  2.26  the legislature, the bicameral group must hold a public hearing 
  2.27  to review a rule.  If the rules that are the subject of the 
  2.28  public hearing were adopted without a rulemaking hearing, it may 
  2.29  request the office of administrative hearings to hold the public 
  2.30  hearing and prepare a report summarizing the testimony received 
  2.31  at the hearing.  The office of administrative hearings shall 
  2.32  assess the costs of the public hearing to the agency whose rules 
  2.33  are the subject of the hearing.  
  2.34     Sec. 5.  [REPEALER.] 
  2.35     Minnesota Statutes 1998, section 3.305, subdivision 8, is 
  2.36  repealed. 
  3.1      Sec. 6.  [EFFECTIVE DATE.] 
  3.2      Sections 1 to 5 are effective July 1, 1999.