HF 618

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to state government; providing for periodic 
  1.3             repeal of administrative rules; proposing coding for 
  1.4             new law in Minnesota Statutes, chapter 14. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [14.381] [REPEAL OF RULES.] 
  1.7      Subdivision 1.  [SCHEDULE.] Rules are repealed according to 
  1.8   the following schedule: 
  1.9      (1) Rules of the departments of agriculture, health, human 
  1.10  services, natural resources, the pollution control agency, the 
  1.11  office of environmental assistance, the environmental quality 
  1.12  board, the board of water and soil resources, the wastewater 
  1.13  treatment operator certification council, the harmful substance 
  1.14  compensation board, and the board of animal health are repealed 
  1.15  July 1, 1998, and July 1 of every year ending in "8" after that. 
  1.16     (2) Rules of the state treasurer, the departments of 
  1.17  administration, revenue, employee relations, the tax court, the 
  1.18  office of administrative hearings, the office of strategic and 
  1.19  long-range planning, the bureau of mediation services, the arts 
  1.20  board, the capitol area architectural and planning board, the 
  1.21  designer selection board, the ethical practices board, the 
  1.22  Minnesota municipal board, the state retirement system, and the 
  1.23  public employees retirement association, are repealed July 1, 
  1.24  2000, and July 1 of every year ending in "0" after that. 
  1.25     (3) Rules of the secretary of state, the departments of 
  2.1   trade and economic development, labor and industry, commerce, 
  2.2   and veterans affairs, the workers' compensation court of 
  2.3   appeals, the rural finance authority, the Minnesota zoological 
  2.4   board, the housing finance agency, the veterans homes board of 
  2.5   directors, the state lottery, the Indian affairs council, the 
  2.6   board of architecture, engineering, land surveying, landscape 
  2.7   architecture, and interior design, the gambling control board, 
  2.8   the racing commission, and the boards of assessors, barber 
  2.9   examiners, and electricity are repealed July 1, 2002, and July 1 
  2.10  of every year ending in "2" after that. 
  2.11     (4) Rules of the departments of corrections, public safety, 
  2.12  public service, and transportation, the public utilities 
  2.13  commission, board of pardons, board of peace officer standards 
  2.14  and training, the sentencing guidelines commission, the board of 
  2.15  telecommunications access for communication-impaired persons, 
  2.16  the boards of chiropractic examiners, marriage and family 
  2.17  therapy, medical practice, nursing, examiners for nursing home 
  2.18  administrators, optometry, pharmacy, podiatry, psychology, 
  2.19  social work, and veterinary medicine, are repealed July 1, 2004, 
  2.20  and July 1 of every year ending in "4" after that. 
  2.21     (5) Rules of the departments of economic security, 
  2.22  children, families, and learning, the state board of education, 
  2.23  the higher education board, the Minnesota center for arts 
  2.24  education, the higher education services office, the board of 
  2.25  teaching, and of all agencies not listed in paragraphs (1) to (4)
  2.26  are repealed July 1, 2006, and July 1 of every year ending in 
  2.27  "6" after that. 
  2.28     Subd. 2.  [EFFECT ON OTHER LAW.] This section does not 
  2.29  extend the effective period of rules that are repealed at an 
  2.30  earlier time by other law. 
  2.31     Subd. 3.  [EXCEPTION.] If a rule is finally adopted within 
  2.32  six months before the date it is scheduled for repeal under 
  2.33  subdivision 1, the rule is not repealed until ten years after 
  2.34  the repeal date in subdivision 1. 
  2.35     Subd. 4.  [SUCCESSOR AGENCIES.] If an agency is renamed, 
  2.36  its rules expire at the time indicated in subdivision 1 for the 
  3.1   predecessor agency. 
  3.2      Subd. 5.  [LEGISLATIVE REVIEW.] Before the scheduled date 
  3.3   under subdivision 1 for repeal of a rule, the standing 
  3.4   committees in the house of representatives and the senate with 
  3.5   jurisdiction over the subject matter of rule shall review the 
  3.6   rule and make recommendations to the full legislature.  A 
  3.7   committee may recommend that: 
  3.8      (1) the rule be repealed as provided by law, with the 
  3.9   agency retaining authority to adopt rules on the subject matter, 
  3.10  but with different provisions as recommended by the committee; 
  3.11     (2) the rule be repealed as provided by law and that the 
  3.12  agency's authority to adopt rules on the subject matter be 
  3.13  repealed; 
  3.14     (3) the rule be reauthorized for another ten years; 
  3.15     (4) the legislature take other action.