SF 322

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; rulemaking; authorizing 
  1.3             the governor to suspend certain rules and terminate 
  1.4             rule proceedings; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 4. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [4.036] [RULE REVIEW BY GOVERNOR.] 
  1.8      Subdivision 1.  [TERMINATION OF RULE PROCEEDINGS.] The 
  1.9   governor may summarily terminate any pending rulemaking 
  1.10  proceeding under chapter 14 by an executive order to that 
  1.11  effect, stating in the order the reasons for the action.  This 
  1.12  authority applies only to the extent that the agency itself 
  1.13  would have authority to take such action.  The executive order 
  1.14  must be filed in the office of the secretary of state, which 
  1.15  shall promptly forward a certified copy to the agency and the 
  1.16  revisor of statutes.  An executive order terminating a 
  1.17  rulemaking proceeding becomes effective on the date it is filed 
  1.18  and must be published in the next issue of the State Register. 
  1.19     Subd. 2.  [SUSPENSION OF ADOPTED RULES.] The governor may 
  1.20  suspend all or a severable portion of a previously adopted rule 
  1.21  of an agency as defined in section 14.02, subdivisions 2 and 4, 
  1.22  by publishing notice of the suspension in the State Register.  
  1.23  The notice must include the reason for the suspension.  The 
  1.24  suspension is effective upon publication of the notice.  This 
  1.25  authority applies only to the extent that the agency itself 
  2.1   would have authority, through rulemaking, to take such action.  
  2.2   If the governor suspends a rule or portion of a rule under this 
  2.3   section, the governor shall place before the next regular 
  2.4   session of the legislature a bill to repeal the suspended rule 
  2.5   or portion of the rule.  If the bill is not enacted in that 
  2.6   year's regular session:  (1) the rule or portion of the rule is 
  2.7   effective again upon adjournment of the session, unless the 
  2.8   agency has repealed it; and (2) the same governor may not 
  2.9   suspend the same rule or the same portion of the rule again. 
  2.10     Sec. 2.  [EFFECTIVE DATE.] 
  2.11     Section 1 is effective the day following final enactment.