HF 2535

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; providing for 
  1.3             legislative review of administrative rules; repealing 
  1.4             laws governing the legislative commission to review 
  1.5             administrative rules; amending Minnesota Statutes 
  1.6             1994, sections 14.47, subdivisions 3, 6, and 8; and 
  1.7             244.09, subdivision 5; Minnesota Statutes 1995 
  1.8             Supplement, sections 14.05, subdivision 5; 14.131; 
  1.9             14.14, subdivision 1a; 14.15, subdivision 4; 14.18, 
  1.10            subdivision 1; 14.19; 14.22, subdivision 1; 14.23; 
  1.11            14.26, subdivisions 1 and 3; 84.027, subdivision 13; 
  1.12            and 97A.0455, subdivision 2; proposing coding for new 
  1.13            law in Minnesota Statutes, chapter 3; repealing 
  1.14            Minnesota Statutes 1994, sections 3.841; 3.842, 
  1.15            subdivisions 1, 3, 5, 6, and 7; 3.844; and 3.845; 
  1.16            Minnesota Statutes 1995 Supplement, sections 3.842, 
  1.17            subdivisions 2, 4, and 4a; and 3.843. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19     Section 1.  [3.8411] [STANDING COMMITTEES.] 
  1.20     A standing committee of the house of representatives or 
  1.21  senate or the joint committee appointed under section 3.8412 may:
  1.22     (1) hold public hearings to investigate complaints about 
  1.23  rules; 
  1.24     (2) request an agency issuing rules to hold public hearings 
  1.25  with respect to rules; and 
  1.26     (3) take other action to promote adequate and proper rules 
  1.27  by agencies. 
  1.28     If a committee requests an agency to hold public hearings, 
  1.29  the agency shall give notice as provided in section 14.14, 
  1.30  subdivision 1a, of a hearing to be conducted in accordance with 
  1.31  the rulemaking provisions of chapter 14.  The agency must hold 
  2.1   the hearing within 60 days of the committee's request, unless 
  2.2   the committee specifies a longer time period. 
  2.3      Sec. 2.  [3.8412] [JOINT COMMITTEE.] 
  2.4      Subdivision 1.  [APPOINTMENT.] The speaker of the house of 
  2.5   representatives and the senate committee on rules and 
  2.6   administration shall appoint a joint committee on administrative 
  2.7   rulemaking.  The committee membership must be drawn from members 
  2.8   of the house and senate standing committee with primary 
  2.9   jurisdiction over administrative rulemaking and governmental 
  2.10  operations.  The committee must include members of the majority 
  2.11  and minority caucuses from each house. 
  2.12     Subd. 2.  [SUSPENSIONS.] (a) The joint committee on 
  2.13  administrative rulemaking may suspend a rule on any of the 
  2.14  grounds listed in paragraph (b).  An affirmative vote of a 
  2.15  majority of joint committee members is required to suspend a 
  2.16  rule. 
  2.17     (b) Before the joint committee suspends a rule, it shall 
  2.18  request the speaker of the house and the president of the senate 
  2.19  to refer the question of suspension of the rule to the 
  2.20  appropriate standing committees for recommendations.  The joint 
  2.21  committee may not suspend a rule until it receives the standing 
  2.22  committees' recommendations or 60 days after referral of the 
  2.23  question of suspension to the speaker of the house and the 
  2.24  president of the senate.  However, the recommendations shall be 
  2.25  advisory only. 
  2.26     (c) A rule suspension does not take effect until the 
  2.27  committee publishes notice of the suspension in the State 
  2.28  Register.  If any rule is suspended, the joint committee shall, 
  2.29  as soon as possible, place before the legislature, at the next 
  2.30  year's session, a bill to repeal the suspended rule.  If the 
  2.31  bill is not enacted in that year's session, the rule is 
  2.32  effective upon adjournment of the session unless the agency has 
  2.33  repealed it.  If the bill is enacted, the rule is repealed.  
  2.34     (d) A rule suspension under this section must be based on 
  2.35  one or more of the following reasons: 
  2.36     (1) an absence of statutory authority; 
  3.1      (2) an emergency relating to public health, safety, or 
  3.2   welfare; 
  3.3      (3) a failure to comply with legislative intent; 
  3.4      (4) a conflict with state law; 
  3.5      (5) a change in circumstances since enactment of the 
  3.6   earliest law upon which the rule is based; 
  3.7      (6) arbitrariness and capriciousness, or imposition of an 
  3.8   undue hardship. 
  3.9      (e) The joint committee may suspend a rule only when the 
  3.10  vote to suspend is taken, and the effective date of the 
  3.11  suspension occurs, at a time when the legislature could not 
  3.12  enact a bill to repeal the rule. 
  3.13     Subd. 3.  [OBJECTIONS TO RULES.] (a) The joint committee on 
  3.14  administrative rulemaking may object to all or some portion of a 
  3.15  rule because the commission considers it to be beyond the 
  3.16  procedural or substantive authority delegated to the agency.  
  3.17  This authority also applies to a proposed rule submitted under 
  3.18  section 14.15, subdivision 4, or 14.26, subdivision 3, paragraph 
  3.19  (c).  If the joint committee objects to a rule or proposed rule, 
  3.20  the committee shall file the objection in the office of the 
  3.21  secretary of state.  The filed objection must contain a concise 
  3.22  statement of the committee's reasons for its action.  An 
  3.23  objection to a proposed rule submitted under section 14.15, 
  3.24  subdivision 4, or 14.26, subdivision 3, paragraph (c), may not 
  3.25  be filed before the rule is adopted. 
  3.26     (b) The secretary of state shall affix to each objection a 
  3.27  certification of the date and time of its filing, and, as soon 
  3.28  after the objection is filed as practicable, shall transmit a 
  3.29  certified copy of it to the agency issuing the rule in question 
  3.30  and the revisor of statutes.  The secretary of state shall also 
  3.31  maintain a permanent register open to public inspection of all 
  3.32  objections by the commission.  
  3.33     (c) The joint committee on administrative rules shall 
  3.34  publish and index an objection filed under this section in the 
  3.35  next issue of the State Register.  The revisor of statutes shall 
  3.36  indicate its existence adjacent to the rule in question when 
  4.1   that rule is published in Minnesota Rules. 
  4.2      (d) Within 14 days after the filing of an objection by the 
  4.3   committee to a rule, the issuing agency shall respond in writing 
  4.4   to the committee.  After receipt of the response, the committee 
  4.5   may withdraw or modify its objection. 
  4.6      (e) After the filing of an objection by the committee that 
  4.7   is not subsequently withdrawn, the burden is upon the agency in 
  4.8   any proceeding for judicial review or for enforcement of the 
  4.9   rule to establish that the whole or portion of the rule objected 
  4.10  to is valid. 
  4.11     (f) The failure of the committee to object to a rule is not 
  4.12  an implied legislative authorization of its validity. 
  4.13     (g) Pursuant to sections 14.44 and 14.45, the committee may 
  4.14  petition for a declaratory judgment to determine the validity of 
  4.15  any rule objected to by the committee.  This action must be 
  4.16  started within two years after an objection is filed in the 
  4.17  office of the secretary of state. 
  4.18     (h) The committee may intervene in litigation arising from 
  4.19  agency action.  For purposes of this paragraph, agency action 
  4.20  means the whole or part of a rule, or the failure to issue a 
  4.21  rule. 
  4.22     Sec. 3.  Minnesota Statutes 1995 Supplement, section 14.05, 
  4.23  subdivision 5, is amended to read: 
  4.24     Subd. 5.  [REVIEW AND REPEAL OF RULES.] By December 1 of 
  4.25  each year, an agency shall submit a list of all the rules of the 
  4.26  agency to the governor, the legislative commission to review 
  4.27  administrative rules, and the revisor of statutes.  The list 
  4.28  must identify any rules that are obsolete and should be 
  4.29  repealed.  The list must also include an explanation of why the 
  4.30  rule is obsolete and the agency's timetable for repeal. 
  4.31     Sec. 4.  Minnesota Statutes 1995 Supplement, section 
  4.32  14.131, is amended to read: 
  4.33     14.131 [STATEMENT OF NEED AND REASONABLENESS.] 
  4.34     Before the agency orders the publication of a rulemaking 
  4.35  notice required by section 14.14, subdivision 1a, the agency 
  4.36  must prepare, review, and make available for public review a 
  5.1   statement of the need for and reasonableness of the rule.  The 
  5.2   statement of need and reasonableness must be prepared under 
  5.3   rules adopted by the chief administrative law judge and must 
  5.4   include the following to the extent the agency, through 
  5.5   reasonable effort, can ascertain this information: 
  5.6      (1) a description of the classes of persons who probably 
  5.7   will be affected by the proposed rule, including classes that 
  5.8   will bear the costs of the proposed rule and classes that will 
  5.9   benefit from the proposed rule; 
  5.10     (2) the probable costs to the agency and to any other 
  5.11  agency of the implementation and enforcement of the proposed 
  5.12  rule and any anticipated effect on state revenues; 
  5.13     (3) a determination of whether there are less costly 
  5.14  methods or less intrusive methods for achieving the purpose of 
  5.15  the proposed rule; 
  5.16     (4) a description of any alternative methods for achieving 
  5.17  the purpose of the proposed rule that were seriously considered 
  5.18  by the agency and the reasons why they were rejected in favor of 
  5.19  the proposed rule; 
  5.20     (5) the probable costs of complying with the proposed rule; 
  5.21  and 
  5.22     (6) an assessment of any differences between the proposed 
  5.23  rule and existing federal regulations and a specific analysis of 
  5.24  the need for and reasonableness of each difference.  
  5.25     For rules setting, adjusting, or establishing regulatory, 
  5.26  licensure, or other charges for goods and services, the 
  5.27  statement of need and reasonableness must include the comments 
  5.28  and recommendations of the commissioner of finance and must 
  5.29  address any fiscal and policy concerns raised during the review 
  5.30  process, as required by section 16A.1285. 
  5.31     The statement must also describe the agency's efforts to 
  5.32  provide additional notification to persons or classes of persons 
  5.33  who may be affected by the proposed rule or must explain why 
  5.34  these efforts were not made. 
  5.35     The agency shall send a copy of the statement of need and 
  5.36  reasonableness to the legislative commission to review 
  6.1   administrative rules appropriate standing committees of the 
  6.2   house of representatives and the senate when it becomes 
  6.3   available for public review. 
  6.4      Sec. 5.  Minnesota Statutes 1995 Supplement, section 14.14, 
  6.5   subdivision 1a, is amended to read: 
  6.6      Subd. 1a.  [NOTICE OF RULE HEARING.] (a) Each agency shall 
  6.7   maintain a list of all persons who have registered with the 
  6.8   agency for the purpose of receiving notice of rule proceedings.  
  6.9   The agency may inquire as to whether those persons on the list 
  6.10  wish to maintain their names thereon and may remove names for 
  6.11  which there is a negative reply or no reply within 60 days.  The 
  6.12  agency shall, at least 30 days prior to the date set for the 
  6.13  hearing, give notice of its intention to adopt rules by United 
  6.14  States mail to all persons on its list, and by publication in 
  6.15  the State Register.  The mailed notice shall include either a 
  6.16  copy of the proposed rule or a description of the nature and 
  6.17  effect of the proposed rule and an announcement that a free copy 
  6.18  of the proposed rule is available on request from the agency.  
  6.19  Each agency may, at its own discretion, also contact persons not 
  6.20  on its list who may be affected by the rule being proposed.  In 
  6.21  addition, each agency shall make reasonable efforts to notify 
  6.22  persons or classes of persons who may be significantly affected 
  6.23  by the rule being proposed by giving notice of its intention in 
  6.24  newsletters, newspapers, or other publications, or through other 
  6.25  means of communication.  The notice in the State Register must 
  6.26  include the proposed rule or an amended rule in the form 
  6.27  required by the revisor under section 14.07, together with a 
  6.28  citation to the most specific statutory authority for the 
  6.29  proposed rule, a statement of the place, date, and time of the 
  6.30  public hearing, a statement that persons may register with the 
  6.31  agency for the purpose of receiving notice of rule proceedings 
  6.32  and notice that a rule has been adopted, and other information 
  6.33  as required by law or rule.  When an entire rule is proposed to 
  6.34  be repealed, the agency need only publish that fact, giving the 
  6.35  citation to the rule to be repealed in the notice. 
  6.36     (b) The legislative commission to review administrative 
  7.1   rules commissioner of administration may authorize an agency to 
  7.2   omit from the notice of rule hearing the text of any proposed 
  7.3   rule, the publication of which would be unduly cumbersome, 
  7.4   expensive, or otherwise inexpedient if: 
  7.5      (1) knowledge of the rule is likely to be important to only 
  7.6   a small class of persons; 
  7.7      (2) the notice of rule hearing states that a free copy of 
  7.8   the entire rule is available upon request to the agency; and 
  7.9      (3) the notice of rule hearing states in detail the 
  7.10  specific subject matter of the omitted rule, cites the statutory 
  7.11  authority for the proposed rule, and details the proposed rule's 
  7.12  purpose and motivation. 
  7.13     Sec. 6.  Minnesota Statutes 1995 Supplement, section 14.15, 
  7.14  subdivision 4, is amended to read: 
  7.15     Subd. 4.  [NEED OR REASONABLENESS NOT ESTABLISHED.] If the 
  7.16  chief administrative law judge determines that the need for or 
  7.17  reasonableness of the rule has not been established pursuant to 
  7.18  section 14.14, subdivision 2, and if the agency does not elect 
  7.19  to follow the suggested actions of the chief administrative law 
  7.20  judge to correct that defect, then the agency shall submit the 
  7.21  proposed rule to the legislative commission to review 
  7.22  administrative rules for the commission's joint committee on 
  7.23  administrative rulemaking and to the speaker of the house of 
  7.24  representatives and the president of the senate.  These 
  7.25  officials shall refer the matter to the appropriate standing 
  7.26  committees of the house of representatives and the senate for 
  7.27  advice and comment.  The agency shall not adopt the rule until 
  7.28  it has received and considered the advice of the commission 
  7.29  committees.  However, the agency is not required to wait for the 
  7.30  commission's advice for more than 60 days after the commission 
  7.31  has received the agency's submission agency submits the rule to 
  7.32  the joint committee and to the speaker of the house of 
  7.33  representatives and the president of the senate.  
  7.34     Sec. 7.  Minnesota Statutes 1995 Supplement, section 14.18, 
  7.35  subdivision 1, is amended to read: 
  7.36     Subdivision 1.  [GENERALLY.] A rule is effective after it 
  8.1   has been subjected to all requirements described in sections 
  8.2   14.131 to 14.20 and five working days after the notice of 
  8.3   adoption is published in the State Register unless a later date 
  8.4   is required by law or specified in the rule.  If the rule 
  8.5   adopted is the same as the proposed rule, publication may be 
  8.6   made by publishing notice in the State Register that the rule 
  8.7   has been adopted as proposed and by citing the prior 
  8.8   publication.  If the rule adopted differs from the proposed 
  8.9   rule, the portions of the adopted rule which differ from the 
  8.10  proposed rule shall be included in the notice of adoption 
  8.11  together with a citation to the prior State Register publication 
  8.12  of the remainder of the proposed rule.  The nature of the 
  8.13  modifications must be clear to a reasonable person when the 
  8.14  notice of adoption is considered together with the State 
  8.15  Register publication of the proposed rule, except that 
  8.16  modifications may also be made which comply with the form 
  8.17  requirements of section 14.07, subdivision 7.  
  8.18     If the agency omitted from the notice of proposed rule 
  8.19  adoption the text of the proposed rule, as permitted by section 
  8.20  14.14, subdivision 1a, paragraph (b), the legislative commission 
  8.21  to review administrative rules commissioner of administration 
  8.22  may provide that the notice of the adopted rule need not include 
  8.23  the text of any changes from the proposed rule.  However, the 
  8.24  notice of adoption must state in detail the substance of the 
  8.25  changes made from the proposed rule, and must state that a free 
  8.26  copy of that portion of the adopted rule that was the subject of 
  8.27  the rulemaking proceeding, not including any material adopted by 
  8.28  reference as permitted by section 14.07, is available upon 
  8.29  request to the agency. 
  8.30     Sec. 8.  Minnesota Statutes 1995 Supplement, section 14.19, 
  8.31  is amended to read: 
  8.32     14.19 [DEADLINE TO COMPLETE RULEMAKING.] 
  8.33     The agency shall, within 180 days after issuance of the 
  8.34  administrative law judge's report, submit its notice of 
  8.35  adoption, amendment, or repeal to the State Register for 
  8.36  publication.  If the agency has not submitted its notice to the 
  9.1   State Register within 180 days, the rule is automatically 
  9.2   withdrawn.  The agency shall not adopt the withdrawn rules 
  9.3   without again following the procedures of sections 14.05 to 
  9.4   14.28.  It shall report to the legislative commission to review 
  9.5   administrative rules, other appropriate committees of the 
  9.6   legislature, and the governor its failure to adopt rules and the 
  9.7   reasons for that failure.  The 180-day time limit of this 
  9.8   section does not include any days used for review by the chief 
  9.9   administrative law judge or the legislative commission to review 
  9.10  administrative rules standing committees of the legislature if 
  9.11  the review is required by law.  
  9.12     Sec. 9.  Minnesota Statutes 1995 Supplement, section 14.22, 
  9.13  subdivision 1, is amended to read: 
  9.14     Subdivision 1.  [CONTENTS.] (a) Unless an agency proceeds 
  9.15  directly to a public hearing on a proposed rule and gives the 
  9.16  notice prescribed in section 14.14, subdivision 1a, the agency 
  9.17  shall give notice of its intention to adopt a rule without 
  9.18  public hearing.  The notice shall be given by publication in the 
  9.19  State Register and by United States mail to persons who have 
  9.20  registered their names with the agency pursuant to section 
  9.21  14.14, subdivision 1a.  The mailed notice shall include either a 
  9.22  copy of the proposed rule or a description of the nature and 
  9.23  effect of the proposed rule and an announcement that a free copy 
  9.24  of the proposed rule is available on request from the agency.  
  9.25  Each agency may, at its own discretion, also contact persons not 
  9.26  on its list who may be affected by the rule being proposed.  In 
  9.27  addition, each agency shall make reasonable efforts to notify 
  9.28  persons or classes of persons who may be significantly affected 
  9.29  by the rule by giving notice of its intention in newsletters, 
  9.30  newspapers, or other publications, or through other means of 
  9.31  communication.  The notice in the State Register shall include 
  9.32  the proposed rule or the amended rule in the form required by 
  9.33  the revisor under section 14.07, a citation to the most specific 
  9.34  statutory authority for the proposed rule, a statement that 
  9.35  persons may register with the agency for the purpose of 
  9.36  receiving notice of rule proceedings and notice that a rule has 
 10.1   been submitted to the chief administrative law judge, and other 
 10.2   information as required by law or rule.  When an entire rule is 
 10.3   proposed to be repealed, the notice need only state that fact, 
 10.4   giving the citation to the rule to be repealed in the notice.  
 10.5   The notice shall include a statement advising the public: 
 10.6      (1) that they have 30 days in which to submit comment in 
 10.7   support of or in opposition to the proposed rule and that 
 10.8   comment is encouraged; 
 10.9      (2) that each comment should identify the portion of the 
 10.10  proposed rule addressed, the reason for the comment, and any 
 10.11  change proposed; 
 10.12     (3) that if 25 or more persons submit a written request for 
 10.13  a public hearing within the 30-day comment period, a public 
 10.14  hearing will be held; 
 10.15     (4) of the manner in which persons shall request a public 
 10.16  hearing on the proposed rule; 
 10.17     (5) of the requirements contained in section 14.25 relating 
 10.18  to a written request for a public hearing, and that the 
 10.19  requester is encouraged to propose any change desired; 
 10.20     (6) that the proposed rule may be modified if the 
 10.21  modifications are supported by the data and views submitted; and 
 10.22     (7) that if a hearing is not required, notice of the date 
 10.23  of submission of the proposed rule to the chief administrative 
 10.24  law judge for review will be mailed to any person requesting to 
 10.25  receive the notice.  
 10.26     In connection with the statements required in clauses (1) 
 10.27  and (3), the notice must also include the date on which the 
 10.28  30-day comment period ends. 
 10.29     (b) The legislative commission to review administrative 
 10.30  rules commissioner of administration may authorize an agency to 
 10.31  omit from the notice of intent to adopt the text of any proposed 
 10.32  rule, the publication of which would be unduly cumbersome, 
 10.33  expensive, or otherwise inexpedient if: 
 10.34     (1) knowledge of the rule is likely to be important to only 
 10.35  a small class of persons; 
 10.36     (2) the notice of intent to adopt states that a free copy 
 11.1   of the entire rule is available upon request to the agency; and 
 11.2      (3) the notice of intent to adopt states in detail the 
 11.3   specific subject matter of the omitted rule, cites the statutory 
 11.4   authority for the proposed rule, and details the proposed rule's 
 11.5   purpose and motivation. 
 11.6      Sec. 10.  Minnesota Statutes 1995 Supplement, section 
 11.7   14.23, is amended to read: 
 11.8      14.23 [STATEMENT OF NEED AND REASONABLENESS.] 
 11.9      Before the date of the section 14.22 notice, the agency 
 11.10  shall prepare a statement of need and reasonableness which shall 
 11.11  be available to the public.  The statement of need and 
 11.12  reasonableness must include the analysis required in section 
 11.13  14.131 and the comments and recommendations of the commissioner 
 11.14  of finance, and must address any fiscal and policy concerns 
 11.15  raised during the review process, as required by section 
 11.16  16A.1285.  The statement must also describe the agency's efforts 
 11.17  to provide additional notification to persons or classes of 
 11.18  persons who may be affected by the proposed rules or must 
 11.19  explain why these efforts were not made.  For at least 30 days 
 11.20  following the notice, the agency shall afford the public an 
 11.21  opportunity to request a public hearing and to submit data and 
 11.22  views on the proposed rule in writing. 
 11.23     The agency shall send a copy of the statement of need and 
 11.24  reasonableness to the legislative commission to review 
 11.25  administrative rules appropriate standing committees of the 
 11.26  house of representatives and the senate when it becomes 
 11.27  available to the public. 
 11.28     Sec. 11.  Minnesota Statutes 1995 Supplement, section 
 11.29  14.26, subdivision 1, is amended to read: 
 11.30     Subdivision 1.  [SUBMISSION.] If no hearing is required, 
 11.31  the agency shall submit to an administrative law judge assigned 
 11.32  by the chief administrative law judge the proposed rule and 
 11.33  notice as published, the rule as proposed for adoption, any 
 11.34  written comments received by the agency, and a statement of need 
 11.35  and reasonableness for the rule.  The agency shall give notice 
 11.36  to all persons who requested to be informed that these materials 
 12.1   have been submitted to the administrative law judge.  This 
 12.2   notice shall be given on the same day that the record is 
 12.3   submitted.  If the proposed rule has been modified, the notice 
 12.4   shall state that fact, and shall state that a free copy of the 
 12.5   proposed rule, as modified, is available upon request from the 
 12.6   agency.  The rule and these materials shall be submitted to the 
 12.7   administrative law judge within 180 days of the day that the 
 12.8   comment period for the rule is over or the rule is automatically 
 12.9   withdrawn.  The agency shall report its failure to adopt the 
 12.10  rules and the reasons for that failure to the legislative 
 12.11  commission to review administrative rules, other appropriate 
 12.12  legislative committees, and the governor.  
 12.13     Sec. 12.  Minnesota Statutes 1995 Supplement, section 
 12.14  14.26, subdivision 3, is amended to read: 
 12.15     Subd. 3.  [REVIEW.] (a) The administrative law judge shall, 
 12.16  within 14 days, approve or disapprove the rule as to its 
 12.17  legality and its form to the extent the form relates to 
 12.18  legality, including the issues of whether the rule if modified 
 12.19  is substantially different, as determined under section 14.05, 
 12.20  subdivision 2, from the rule as originally proposed, whether the 
 12.21  agency has the authority to adopt the rule, and whether the 
 12.22  record demonstrates a rational basis for the need for and 
 12.23  reasonableness of the proposed rule.  If the rule is approved, 
 12.24  the administrative law judge shall promptly file two copies of 
 12.25  it in the office of the secretary of state.  The secretary of 
 12.26  state shall forward one copy of each rule to the revisor of 
 12.27  statutes.  If the rule is disapproved, the administrative law 
 12.28  judge shall state in writing the reasons and make 
 12.29  recommendations to overcome the defects.  
 12.30     (b) The written disapproval must be submitted to the chief 
 12.31  administrative law judge for approval.  If the chief 
 12.32  administrative law judge approves of the findings of the 
 12.33  administrative law judge, the chief administrative law judge 
 12.34  shall send the statement of the reasons for disapproval of the 
 12.35  rule to the agency, the legislative commission to review 
 12.36  administrative rules joint committee on administrative rules, 
 13.1   appropriate standing committees of the house of representatives 
 13.2   and the senate, and the revisor of statutes, and advise the 
 13.3   agency and the revisor of statutes of actions that will correct 
 13.4   the defects.  The rule shall not be filed in the office of the 
 13.5   secretary of state, nor published until the chief administrative 
 13.6   law judge determines that the defects have been corrected or, if 
 13.7   applicable, that the agency has satisfied the rule requirements 
 13.8   for the adoption of a substantially different rule.  
 13.9      (c) If the chief administrative law judge determines that 
 13.10  the need for or reasonableness of the rule has not been 
 13.11  established, and if the agency does not elect to follow the 
 13.12  suggested actions of the chief administrative law judge to 
 13.13  correct that defect, then the agency shall submit the proposed 
 13.14  rule to the legislative commission to review administrative 
 13.15  rules for the commission's joint committee on administrative 
 13.16  rulemaking and to the speaker of the house of representatives 
 13.17  and the president of the senate.  These officials shall refer 
 13.18  the proposed rule to the appropriate standing committees of the 
 13.19  house of representatives and the senate for advice and comment.  
 13.20  The agency shall not adopt the rule until it has received and 
 13.21  considered the advice of the commission committees.  However, 
 13.22  the agency is not required to wait for the commission's advice 
 13.23  for more than 60 days after the commission has received the 
 13.24  agency's submission agency has submitted the proposed rule to 
 13.25  the joint committee and to the speaker of the house of 
 13.26  representatives and the president of the senate.  
 13.27     (d) The administrative law judge shall disregard any error 
 13.28  or defect in the proceeding due to the agency's failure to 
 13.29  satisfy any procedural requirements imposed by law or rule if 
 13.30  the administrative law judge finds: 
 13.31     (1) that the failure did not deprive any person or entity 
 13.32  of an opportunity to participate meaningfully in the rulemaking 
 13.33  process; or 
 13.34     (2) that the agency has taken corrective action to cure the 
 13.35  error or defect so that the failure did not deprive any person 
 13.36  or entity of an opportunity to participate meaningfully in the 
 14.1   rulemaking process. 
 14.2      Sec. 13.  Minnesota Statutes 1994, section 14.47, 
 14.3   subdivision 3, is amended to read: 
 14.4      Subd. 3.  [SOURCE OF TEXT.] In order to ensure that the 
 14.5   complete text of rules is included in the first compilation 
 14.6   published pursuant to subdivision 1, clause (2), and containing 
 14.7   the revisor's certificate, the revisor may use the Minnesota 
 14.8   Code of Agency Rules, the State Register, the rule files of the 
 14.9   secretary of state, the files of individual agencies, the 
 14.10  records of the administrative law judge's office, and the 
 14.11  records of the attorney general.  The revisor is not required to 
 14.12  compare the text of a rule as shown by the other possible source 
 14.13  documents with the text of the rule in the secretary of state's 
 14.14  file. 
 14.15     If any comparison of documents shows there is a material 
 14.16  discrepancy in the text of the rule, the revisor shall include 
 14.17  in Minnesota Rules the text in the secretary of state's files 
 14.18  unless the discrepancy between the secretary of state's files 
 14.19  and any of the other documents is the result of an obvious 
 14.20  unintentional omission or clerical error.  The text published by 
 14.21  the revisor shall correct those omissions and errors.  The 
 14.22  revisor shall add an appropriate footnote describing the 
 14.23  apparent discrepancy in text.  Before publication of Minnesota 
 14.24  Rules, the revisor shall also notify the agency whose rules are 
 14.25  affected, the attorney general, the chief administrative law 
 14.26  judge, and the legislative commission to review administrative 
 14.27  rules appropriate standing committees of the house of 
 14.28  representatives and the senate about the omission or error. 
 14.29     If any comparison of documents shows that a rule has been 
 14.30  filed with the secretary of state but apparently has not been 
 14.31  published in the State Register as required by law the revisor 
 14.32  may, unless the attorney general objects, include the rule in 
 14.33  Minnesota Rules or omit the rule if the rule was a repeal but 
 14.34  shall add an appropriate footnote describing the apparent 
 14.35  fault.  Before publication of Minnesota Rules, the revisor shall 
 14.36  notify the agency whose rules are affected, the attorney 
 15.1   general, the chief administrative law judge, and the legislative 
 15.2   commission to review administrative rules appropriate standing 
 15.3   committees of the house of representatives and the senate about 
 15.4   the apparent lack of publication. 
 15.5      If a comparison of documents shows that a rule as adopted 
 15.6   in the State Register has apparently not been filed with the 
 15.7   secretary of state, the revisor may not publish the rule in 
 15.8   Minnesota Rules unless the attorney general approves the 
 15.9   publication.  Before publication of Minnesota Rules the revisor 
 15.10  shall notify the agency affected, the attorney general, the 
 15.11  chief administrative law judge and the legislative commission to 
 15.12  review administrative rules appropriate standing committees of 
 15.13  the house of representatives and the senate of the apparent lack 
 15.14  of filing of the rule.  If the revisor publishes the rule, the 
 15.15  revisor shall add an appropriate footnote describing the 
 15.16  apparent lack of filing. 
 15.17     Sec. 14.  Minnesota Statutes 1994, section 14.47, 
 15.18  subdivision 6, is amended to read: 
 15.19     Subd. 6.  [OMISSION OF TEXT.] (a) For purposes of any 
 15.20  compilation or publication of the rules, the revisor, unless the 
 15.21  attorney general objects, may omit any extraneous descriptive or 
 15.22  informative text which is not an operative portion of the rule.  
 15.23  The revisor may also omit effective date provisions, statements 
 15.24  that a rule is repealed, prefaces, appendices, guidelines, 
 15.25  organizational descriptions, explanations of federal or state 
 15.26  law, and similar material.  The revisor shall consult with the 
 15.27  agency, the attorney general, the legislative commission to 
 15.28  review administrative rules, and with the chief administrative 
 15.29  law judge before omitting any text from publication. 
 15.30     (b) For the purposes of any compilation or publication of 
 15.31  the rules, the revisor, unless the attorney general objects, may 
 15.32  omit any rules that, by their own terms, are no longer effective 
 15.33  or have been repealed directly by the agency, repealed by the 
 15.34  legislature, or declared unconstitutional or otherwise void by a 
 15.35  court of last resort.  The revisor shall not remove a rule which 
 15.36  is suspended and not fully repealed, but shall, if practicable, 
 16.1   note the fact of suspension in Minnesota Rules.  The revisor 
 16.2   shall consult the agency involved, the attorney general, the 
 16.3   chief administrative law judge, and the legislative commission 
 16.4   to review administrative rules appropriate standing committees 
 16.5   of the house of representatives and the senate before omitting a 
 16.6   rule from publication. 
 16.7      Sec. 15.  Minnesota Statutes 1994, section 14.47, 
 16.8   subdivision 8, is amended to read: 
 16.9      Subd. 8.  [SALES AND DISTRIBUTION OF COMPILATION.] Any 
 16.10  compilation, reissue, or supplement published by the revisor 
 16.11  shall be sold by the revisor for a reasonable fee and its 
 16.12  proceeds deposited in the general fund.  An agency shall 
 16.13  purchase from the revisor the number of copies of the 
 16.14  compilation or supplement needed by the agency.  The revisor 
 16.15  shall provide without charge copies of each edition of any 
 16.16  compilation, reissue, or supplement to the persons or bodies 
 16.17  listed in this subdivision.  Those copies must be marked with 
 16.18  the words "State Copy" and kept for the use of the office.  The 
 16.19  revisor shall distribute:  
 16.20     (a) 25 copies to the office of the attorney general; 
 16.21     (b) 12 sufficient copies for the legislative commission for 
 16.22  review of administrative rules members of the joint committee on 
 16.23  administrative rulemaking and legislative staff who work with 
 16.24  the committee; 
 16.25     (c) 3 copies to the revisor of statutes for transmission to 
 16.26  the Library of Congress for copyright and depository purposes; 
 16.27     (d) 150 copies to the state law library; 
 16.28     (e) 10 copies to the law school of the University of 
 16.29  Minnesota; and 
 16.30     (f) one copy of any compilation or supplement to each 
 16.31  county library maintained pursuant to section 134.12 upon its 
 16.32  request, except in counties containing cities of the first 
 16.33  class.  If a county has not established a county library 
 16.34  pursuant to section 134.12, the copy will be provided to any 
 16.35  public library in the county upon its request. 
 16.36     Sec. 16.  Minnesota Statutes 1995 Supplement, section 
 17.1   84.027, subdivision 13, is amended to read: 
 17.2      Subd. 13.  [GAME AND FISH RULES.] (a) The commissioner of 
 17.3   natural resources may adopt rules under sections 97A.0451 to 
 17.4   97A.0459 and this subdivision that are authorized under: 
 17.5      (1) chapters 97A, 97B, and 97C to set open seasons and 
 17.6   areas, to close seasons and areas, to select hunters for areas, 
 17.7   to provide for tagging and registration of game, to prohibit or 
 17.8   allow taking of wild animals to protect a species, and to 
 17.9   prohibit or allow importation, transportation, or possession of 
 17.10  a wild animal; and 
 17.11     (2) sections 84.093, 84.14, 84.15, and 84.152 to set 
 17.12  seasons for harvesting wild ginseng roots and wild rice and to 
 17.13  restrict or prohibit harvesting in designated areas. 
 17.14     Clause (2) does not limit or supersede the commissioner's 
 17.15  authority to establish opening dates, days, and hours of the 
 17.16  wild rice harvesting season under section 84.14, subdivision 3. 
 17.17     (b) If conditions exist that do not allow the commissioner 
 17.18  to comply with sections 97A.0451 to 97A.0459, the commissioner 
 17.19  may adopt a rule under this subdivision by submitting the rule 
 17.20  to the attorney general for review under section 97A.0455, 
 17.21  publishing a notice in the State Register and filing the rule 
 17.22  with the secretary of state and the legislative commission to 
 17.23  review administrative rules joint committee on administrative 
 17.24  rulemaking, and complying with section 97A.0459, and including a 
 17.25  statement of the emergency conditions and a copy of the rule in 
 17.26  the notice.  The notice may be published after it is received 
 17.27  from the attorney general or five business days after it is 
 17.28  submitted to the attorney general, whichever is earlier. 
 17.29     (c) Rules adopted under paragraph (b) are effective upon 
 17.30  publishing in the State Register and may be effective up to 
 17.31  seven days before publishing and filing under paragraph (b), if: 
 17.32     (1) the commissioner of natural resources determines that 
 17.33  an emergency exists; 
 17.34     (2) the attorney general approves the rule; and 
 17.35     (3) for a rule that affects more than three counties the 
 17.36  commissioner publishes the rule once in a legal newspaper 
 18.1   published in Minneapolis, St. Paul, and Duluth, or for a rule 
 18.2   that affects three or fewer counties the commissioner publishes 
 18.3   the rule once in a legal newspaper in each of the affected 
 18.4   counties. 
 18.5      (d) Except as provided in paragraph (e), a rule published 
 18.6   under paragraph (c), clause (3), may not be effective earlier 
 18.7   than seven days after publication. 
 18.8      (e) A rule published under paragraph (c), clause (3), may 
 18.9   be effective the day the rule is published if the commissioner 
 18.10  gives notice and holds a public hearing on the rule within 15 
 18.11  days before publication. 
 18.12     (f) The commissioner shall attempt to notify persons or 
 18.13  groups of persons affected by rules adopted under paragraphs (b) 
 18.14  and (c) by public announcements, posting, and other appropriate 
 18.15  means as determined by the commissioner. 
 18.16     (g) Notwithstanding section 97A.0458, a rule adopted under 
 18.17  this subdivision is effective for the period stated in the 
 18.18  notice but not longer than 18 months after the rule is adopted. 
 18.19     Sec. 17.  Minnesota Statutes 1995 Supplement, section 
 18.20  97A.0455, subdivision 2, is amended to read: 
 18.21     Subd. 2.  [REVIEW.] The attorney general shall review the 
 18.22  proposed emergency rule as to its legality, review its form to 
 18.23  the extent the form relates to legality, and shall approve or 
 18.24  disapprove the proposed emergency rule and any modifications on 
 18.25  the tenth working day following the date of receipt of the 
 18.26  proposed emergency rule from the commissioner.  The attorney 
 18.27  general shall send a statement of reasons for disapproval of the 
 18.28  rule to the commissioner, the chief administrative law judge, 
 18.29  the legislative commission to review administrative rules joint 
 18.30  committee on administrative rulemaking, and to the revisor of 
 18.31  statutes. 
 18.32     The attorney general shall disregard any error or defect in 
 18.33  the proceeding due to the commissioner's failure to satisfy any 
 18.34  procedural requirement imposed by law or rule if the attorney 
 18.35  general finds: 
 18.36     (1) that the failure did not deprive any person or entity 
 19.1   of an opportunity to participate meaningfully in the rulemaking 
 19.2   process; or 
 19.3      (2) that the commissioner has taken corrective action to 
 19.4   cure the error or defect so that the failure did not deprive any 
 19.5   person or entity of an opportunity to participate meaningfully 
 19.6   in the rulemaking process. 
 19.7      Sec. 18.  Minnesota Statutes 1994, section 244.09, 
 19.8   subdivision 5, is amended to read: 
 19.9      Subd. 5.  The commission shall, on or before January 1, 
 19.10  1980, promulgate sentencing guidelines for the district court.  
 19.11  The guidelines shall be based on reasonable offense and offender 
 19.12  characteristics.  The guidelines promulgated by the commission 
 19.13  shall be advisory to the district court and shall establish: 
 19.14     (1) The circumstances under which imprisonment of an 
 19.15  offender is proper; and 
 19.16     (2) A presumptive, fixed sentence for offenders for whom 
 19.17  imprisonment is proper, based on each appropriate combination of 
 19.18  reasonable offense and offender characteristics.  The guidelines 
 19.19  may provide for an increase or decrease of up to 15 percent in 
 19.20  the presumptive, fixed sentence. 
 19.21     The sentencing guidelines promulgated by the commission may 
 19.22  also establish appropriate sanctions for offenders for whom 
 19.23  imprisonment is not proper.  Any guidelines promulgated by the 
 19.24  commission establishing sanctions for offenders for whom 
 19.25  imprisonment is not proper shall make specific reference to 
 19.26  noninstitutional sanctions, including but not limited to the 
 19.27  following:  payment of fines, day fines, restitution, community 
 19.28  work orders, work release programs in local facilities, 
 19.29  community based residential and nonresidential programs, 
 19.30  incarceration in a local correctional facility, and probation 
 19.31  and the conditions thereof. 
 19.32     In establishing and modifying the sentencing guidelines, 
 19.33  the primary consideration of the commission shall be public 
 19.34  safety.  The commission shall also consider current sentencing 
 19.35  and release practices and correctional resources, including but 
 19.36  not limited to the capacities of local and state correctional 
 20.1   facilities. 
 20.2      The provisions of sections 14.001 to 14.69 do not apply to 
 20.3   the promulgation of the sentencing guidelines, and the 
 20.4   sentencing guidelines, including severity levels and criminal 
 20.5   history scores, are not subject to review by the legislative 
 20.6   commission to review administrative rules joint committee on 
 20.7   administrative rulemaking.  However, on or before January 1, 
 20.8   1986, the commission shall adopt rules pursuant to sections 
 20.9   14.001 to 14.69 which establish procedures for the promulgation 
 20.10  of the sentencing guidelines, including procedures for the 
 20.11  promulgation of severity levels and criminal history scores, and 
 20.12  these rules shall be subject to review by the legislative 
 20.13  commission to review administrative rules joint committee on 
 20.14  administrative rulemaking.  
 20.15     Sec. 19.  [REPEALER.] 
 20.16     Minnesota Statutes 1994, sections 3.841; 3.842, 
 20.17  subdivisions 1, 3, 5, 6, and 7; 3.844; and 3.845; Minnesota 
 20.18  Statutes 1995 Supplement, sections 3.842, subdivisions 2, 4, and 
 20.19  4a; and 3.843, are repealed. 
 20.20     Sec. 20.  [EFFECTIVE DATE.] 
 20.21     Sections 1 to 19 are effective July 1, 1996.