HF 3864

as introduced - 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 legislative 
  1.3             and executive approval of proposed administrative 
  1.4             rules; amending Minnesota Statutes 1998, sections 
  1.5             14.18, subdivision 1; 14.27; and 14.388; Minnesota 
  1.6             Statutes 1999 Supplement, section 14.05, subdivision 
  1.7             6; proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 14. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.11  14.05, subdivision 6, is amended to read: 
  1.12     Subd. 6.  [VETO OF ADOPTED RULES.] The governor may veto 
  1.13  all or a severable portion of a rule of an agency as defined in 
  1.14  section 14.02, subdivisions 2 and 4, by publishing notice of the 
  1.15  veto in the State Register within 14 days of receiving a copy of 
  1.16  the rule from the secretary of state under section 14.16, 
  1.17  subdivision 3, 14.26, subdivision 3, or 14.386 or the agency 
  1.18  under section 14.389, subdivision 3.  This authority applies 
  1.19  only to the extent that the agency itself would have authority, 
  1.20  through rulemaking, to take such action.  If the governor vetoes 
  1.21  a rule or portion of a rule under this section, the governor 
  1.22  shall notify the chairs of the legislative committees having 
  1.23  jurisdiction over the agency whose rule was vetoed. 
  1.24     This subdivision does not apply to rules subject to this 
  1.25  act. 
  1.26     Sec. 2.  [14.055] [LEGISLATIVE AND EXECUTIVE APPROVAL.] 
  1.27     In addition to any other requirement imposed by this 
  2.1   chapter, a rule becomes effective only if it is enacted into law.
  2.2      This section expires June 30, 2002. 
  2.3      Sec. 3.  Minnesota Statutes 1998, section 14.18, 
  2.4   subdivision 1, is amended to read: 
  2.5      Subdivision 1.  [GENERALLY.] A rule is effective after it 
  2.6   has been subjected to all requirements described in sections 
  2.7   14.131 to 14.20 and five working days after the notice of 
  2.8   adoption is published in the State Register unless a later date 
  2.9   is required by law or specified in the rule.  If the rule 
  2.10  adopted is the same as the proposed rule, publication may be 
  2.11  made by publishing notice in the State Register that the rule 
  2.12  has been adopted as proposed and by citing the prior 
  2.13  publication.  If the rule adopted differs from the proposed 
  2.14  rule, the portions of the adopted rule that differ from the 
  2.15  proposed rule must be included in the notice of adoption 
  2.16  together with a citation to the prior State Register publication 
  2.17  of the remainder of the proposed rule.  The nature of the 
  2.18  modifications must be clear to a reasonable person when the 
  2.19  notice of adoption is considered together with the State 
  2.20  Register publication of the proposed rule, except that 
  2.21  modifications may also be made that comply with the form 
  2.22  requirements of section 14.07, subdivision 7.  
  2.23     If the agency omitted from the notice of proposed rule 
  2.24  adoption the text of the proposed rule, as permitted by section 
  2.25  14.14, subdivision 1a, paragraph (b), the chief administrative 
  2.26  law judge may provide that the notice of the adopted rule need 
  2.27  not include the text of any changes from the proposed rule.  
  2.28  However, the notice of adoption must state in detail the 
  2.29  substance of the changes made from the proposed rule, and must 
  2.30  state that a free copy of the portion of the adopted rule that 
  2.31  was the subject of the rulemaking proceeding, not including any 
  2.32  material adopted by reference as permitted by section 14.07, is 
  2.33  available upon request to the agency 14.055. 
  2.34     Sec. 4.  Minnesota Statutes 1998, section 14.27, is amended 
  2.35  to read: 
  2.36     14.27 [PUBLICATION OF ADOPTED RULE; EFFECTIVE DATE.] 
  3.1      The rule is effective upon publication of the notice of 
  3.2   adoption in the State Register in the same manner as provided 
  3.3   for adopted rules in section 14.18 after it has been subjected 
  3.4   to all requirements described in sections 14.22 to 14.28 and 
  3.5   14.055. 
  3.6      Sec. 5.  Minnesota Statutes 1998, section 14.388, is 
  3.7   amended to read: 
  3.8      14.388 [GOOD CAUSE EXEMPTION.] 
  3.9      If an agency for good cause finds that the rulemaking 
  3.10  provisions of this chapter, including the provisions of section 
  3.11  14.055, are unnecessary, impracticable, or contrary to the 
  3.12  public interest when adopting, amending, or repealing a rule to: 
  3.13     (1) address a serious and immediate threat to the public 
  3.14  health, safety, or welfare; 
  3.15     (2) comply with a court order or a requirement in federal 
  3.16  law in a manner that does not allow for compliance with sections 
  3.17  14.14 to 14.28; 
  3.18     (3) incorporate specific changes set forth in applicable 
  3.19  statutes when no interpretation of law is required; or 
  3.20     (4) make changes that do not alter the sense, meaning, or 
  3.21  effect of a rule, 
  3.22  the agency may adopt, amend, or repeal the rule after satisfying 
  3.23  the requirements of section 14.386, paragraph (a), clauses (1) 
  3.24  to (3) (4).  The agency shall incorporate its findings and a 
  3.25  brief statement of its supporting reasons in its order adopting, 
  3.26  amending, or repealing the rule. 
  3.27     In review of the rule under section 14.386, the office of 
  3.28  administrative hearings shall determine whether the agency has 
  3.29  provided adequate justification for its use of this section. 
  3.30     Rules adopted, amended, or repealed under clauses (1) and 
  3.31  (2) are effective for a period of two years from the date of 
  3.32  publication of the rule in the State Register. 
  3.33     Rules adopted, amended, or repealed under clause (3) or (4) 
  3.34  are effective upon publication in the State Register. 
  3.35     Sec. 6.  [EXPIRATION.] 
  3.36     The amendments in sections 1 and 3 to 5 expire June 30, 
  4.1   2002. 
  4.2      Sec. 7.  [EFFECTIVE DATE.] 
  4.3      Sections 1 to 5 are effective July 1, 2000, and apply to 
  4.4   any rule for which notice of intent to adopt a rule or notice of 
  4.5   hearing is published in the State Register on or after that date.