HF 3159

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; requiring legislative 
  1.3             and executive approval of proposed administrative 
  1.4             rules; amending Minnesota Statutes 1996, section 
  1.5             14.27; Minnesota Statutes 1997 Supplement, section 
  1.6             14.18, subdivision 1; proposing coding for new law in 
  1.7             Minnesota Statutes, chapter 14. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [TITLE.] 
  1.10     This act shall be known as "The Bureaucracy Control Act." 
  1.11     Sec. 2.  [14.015] [LEGISLATIVE AND EXECUTIVE APPROVAL.] 
  1.12     In addition to any other requirement imposed by this 
  1.13  chapter, a rule becomes effective only if it is enacted into law.
  1.14     Sec. 3.  Minnesota Statutes 1997 Supplement, section 14.18, 
  1.15  subdivision 1, is amended to read: 
  1.16     Subdivision 1.  [GENERALLY.] A rule is effective after it 
  1.17  has been subjected to all requirements described in sections 
  1.18  14.015 and 14.131 to 14.20 and five working days after the 
  1.19  notice of adoption is published in the State Register unless a 
  1.20  later date is required by law or specified in the rule.  If the 
  1.21  rule adopted is the same as the proposed rule, publication may 
  1.22  be made by publishing notice in the State Register that the rule 
  1.23  has been adopted as proposed and by citing the prior 
  1.24  publication.  If the rule adopted differs from the proposed 
  1.25  rule, the portions of the adopted rule that differ from the 
  1.26  proposed rule must be included in the notice of adoption 
  2.1   together with a citation to the prior State Register publication 
  2.2   of the remainder of the proposed rule.  The nature of the 
  2.3   modifications must be clear to a reasonable person when the 
  2.4   notice of adoption is considered together with the State 
  2.5   Register publication of the proposed rule, except that 
  2.6   modifications may also be made that comply with the form 
  2.7   requirements of section 14.07, subdivision 7.  
  2.8      If the agency omitted from the notice of proposed rule 
  2.9   adoption the text of the proposed rule, as permitted by section 
  2.10  14.14, subdivision 1a, paragraph (b), the chief administrative 
  2.11  law judge may provide that the notice of the adopted rule need 
  2.12  not include the text of any changes from the proposed rule.  
  2.13  However, the notice of adoption must state in detail the 
  2.14  substance of the changes made from the proposed rule, and must 
  2.15  state that a free copy of the portion of the adopted rule that 
  2.16  was the subject of the rulemaking proceeding, not including any 
  2.17  material adopted by reference as permitted by section 14.07, is 
  2.18  available upon request to the agency. 
  2.19     Sec. 4.  Minnesota Statutes 1996, section 14.27, is amended 
  2.20  to read: 
  2.21     14.27 [PUBLICATION OF ADOPTED RULE; EFFECTIVE DATE.] 
  2.22     The rule is effective after it has been subjected to all 
  2.23  requirements described in sections 14.015 and 14.22 to 14.28 and 
  2.24  upon publication of the notice of adoption in the State Register 
  2.25  in the same manner as provided for adopted rules in section 
  2.26  14.18.  
  2.27     Sec. 5.  [EFFECTIVE DATE.] 
  2.28     Sections 2 to 4 are effective the day following final 
  2.29  enactment, and apply to any rule for which notice of intent to 
  2.30  adopt a rule or notice of hearing is published in the State 
  2.31  Register after that date.