SF 1258

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; establishing a 
  1.3             legislative commission on unnecessary mandates; 
  1.4             amending Minnesota Statutes 2002, sections 3.842, 
  1.5             subdivision 4a; 3.843; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 3. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [3.99] [LEGISLATIVE COMMISSION ON UNNECESSARY 
  1.9   MANDATES; ESTABLISHED.] 
  1.10     Subdivision 1.  [ESTABLISHED.] The legislative commission 
  1.11  on unnecessary mandates for local governments is established as 
  1.12  provided in this section, with the powers and duties given it in 
  1.13  sections 3.842, subdivision 4a; 3.843; and 3.99 to 3.993. 
  1.14     Subd. 2.  [MEMBERSHIP.] The commission consists of four 
  1.15  senators appointed by the senate subcommittee on committees of 
  1.16  the committee on rules and administration, three senators 
  1.17  appointed by the senate minority leader, four state 
  1.18  representatives appointed by the speaker of the house, and three 
  1.19  state representatives appointed by the house minority leader.  
  1.20  The appointing authorities must ensure balanced geographic 
  1.21  representation and consider the background and knowledge of the 
  1.22  appointees to provide for a range of expertise in the mandate 
  1.23  areas that may be reviewed.  Each appointing authority must make 
  1.24  appointments as soon as possible after the opening of the next 
  1.25  regular session of the legislature in each odd-numbered year. 
  1.26     Subd. 3.  [TERMS; VACANCIES.] Members of the commission 
  2.1   serve for a two-year term beginning upon appointment and 
  2.2   expiring upon appointment of a successor after the opening of 
  2.3   the next regular session of the legislature in the odd-numbered 
  2.4   year.  A vacancy in the membership of the commission must be 
  2.5   filled for the unexpired term in a manner that will preserve the 
  2.6   representation established by this section. 
  2.7      Subd. 4.  [CHAIR.] The commission must meet as soon as 
  2.8   practicable after members are appointed in each odd-numbered 
  2.9   year to elect its chair and other officers as it may determine 
  2.10  necessary.  A chair serves a two-year term, expiring in the 
  2.11  odd-numbered year after a successor is elected.  The chair must 
  2.12  alternate biennially between the senate and the house. 
  2.13     Subd. 5.  [COMPENSATION.] Members serve without 
  2.14  compensation but may be reimbursed for their reasonable expenses 
  2.15  as members of the legislature. 
  2.16     Subd. 6.  [STAFF.] The legislative coordinating commission 
  2.17  must provide administrative support to the commission, including 
  2.18  secretarial services, record keeping, and grants administration. 
  2.19     Subd. 7.  [MEETINGS; PROCEDURES; TIE VOTES.] The first 
  2.20  meeting of the biennium must be convened by the member 
  2.21  designated by the senate majority leader if a senator is to 
  2.22  chair the commission for the biennium, or by the speaker of the 
  2.23  house if a state representative is to chair the commission for 
  2.24  the biennium.  The commission meets at the call of the chair.  
  2.25  If there is a quorum, the commission may take action by a simple 
  2.26  majority vote of commission members present.  A tie vote on any 
  2.27  motion means the motion fails. 
  2.28     Subd. 8.  [FUNDING.] The legislative coordinating 
  2.29  commission shall annually bill the commissioner of revenue for 
  2.30  costs incurred by the legislative coordinating commission in 
  2.31  providing administrative support and to make the grants 
  2.32  authorized by the legislative commission on unnecessary 
  2.33  mandates, in an amount not to exceed $100,000 per year.  The 
  2.34  commissioner of revenue shall deduct one-half of the certified 
  2.35  costs from payments to counties under section 273.1398, 
  2.36  subdivision 2, and one-half of the certified costs from payments 
  3.1   to cities under section 477A.03. 
  3.2      Sec. 2.  [3.991] [LEGISLATIVE COMMISSION ON UNNECESSARY 
  3.3   MANDATES; REVIEW AND RECOMMENDATIONS TO LEGISLATURE.] 
  3.4      The legislative commission on unnecessary mandates for 
  3.5   local governments must solicit from local governments 
  3.6   information on state laws and rules that local governments 
  3.7   consider to be unnecessary mandates.  The commission must review 
  3.8   the mandates identified and consider why the mandate was enacted 
  3.9   or adopted, whether the reason for it still exists, and whether 
  3.10  repeal or modification of the mandate is appropriate.  Before 
  3.11  the beginning of each legislative session, the commission must 
  3.12  prepare for introduction a bill to repeal or modify those laws 
  3.13  or rules the commission determines are unnecessary. 
  3.14     Sec. 3.  [3.992] [LEGISLATIVE COMMISSION ON UNNECESSARY 
  3.15  MANDATES; GRANTS.] 
  3.16     The legislative commission on unnecessary mandates may make 
  3.17  grants to the league of Minnesota cities, the association of 
  3.18  Minnesota counties, other organizations representing local 
  3.19  governments, the board of regents of the University of 
  3.20  Minnesota, the board of trustees of Minnesota state colleges and 
  3.21  universities, or other accredited postsecondary institutions to 
  3.22  research and make recommendations on eliminating unnecessary 
  3.23  mandates.  A grant may be in any amount up to $.......  The 
  3.24  commission must specify the work to be done, the completion 
  3.25  date, and the maximum grant amount, and may specify any other 
  3.26  conditions it deems necessary or useful.  
  3.27     Sec. 4.  [3.993] [LEGISLATIVE COMMISSION ON UNNECESSARY 
  3.28  MANDATES; TEMPORARY RULE SUSPENSION.] 
  3.29     The legislative commission on unnecessary mandates may 
  3.30  suspend any rule on which the commission received negative 
  3.31  testimony at a public hearing.  If any rule is suspended, the 
  3.32  commission must, as soon as possible, place before the 
  3.33  legislature, at the next year's session, a bill to repeal the 
  3.34  suspended rule.  If the bill is not enacted in that year's 
  3.35  session, the rule is effective upon adjournment of the session 
  3.36  unless the agency has repealed it.  If the bill is enacted, the 
  4.1   rule is repealed. 
  4.2      Sec. 5.  Minnesota Statutes 2002, section 3.842, 
  4.3   subdivision 4a, is amended to read: 
  4.4      Subd. 4a.  [OBJECTIONS TO RULES.] (a) For purposes of this 
  4.5   subdivision, "committee" means the house of representatives 
  4.6   policy committee or senate policy committee with primary 
  4.7   jurisdiction over state governmental operations.  The 
  4.8   commission, the legislative commission on unnecessary mandates, 
  4.9   or a committee may object to a rule as provided in this 
  4.10  subdivision.  If the commission, the legislative commission on 
  4.11  unnecessary mandates, or a committee objects to all or some 
  4.12  portion of a rule because the commission, the legislative 
  4.13  commission on unnecessary mandates, or a committee considers it 
  4.14  to be beyond the procedural or substantive authority delegated 
  4.15  to the agency, including a proposed rule submitted under section 
  4.16  14.15, subdivision 4, or 14.26, subdivision 3, paragraph (c), 
  4.17  the commission, the legislative commission on unnecessary 
  4.18  mandates, or a committee may file that objection in the office 
  4.19  of the secretary of state.  The filed objection must contain a 
  4.20  concise statement of the commission's, the legislative 
  4.21  commission on unnecessary mandates', or a committee's reasons 
  4.22  for its action.  An objection to a proposed rule submitted by 
  4.23  the commission, the legislative commission on unnecessary 
  4.24  mandates, or a committee under section 14.15, subdivision 4, or 
  4.25  14.26, subdivision 3, paragraph (c), may not be filed before the 
  4.26  rule is adopted. 
  4.27     (b) The secretary of state shall affix to each objection a 
  4.28  certification of the date and time of its filing and as soon 
  4.29  after the objection is filed as practicable shall transmit a 
  4.30  certified copy of it to the agency issuing the rule in question 
  4.31  and to the revisor of statutes.  The secretary of state shall 
  4.32  also maintain a permanent register open to public inspection of 
  4.33  all objections by the commission, the legislative commission on 
  4.34  unnecessary mandates, or a committee.  
  4.35     (c) The commission, the legislative commission on 
  4.36  unnecessary mandates, or a committee shall publish and index an 
  5.1   objection filed under this section in the next issue of the 
  5.2   State Register.  The revisor of statutes shall indicate the 
  5.3   existence of the objection adjacent to the rule in question when 
  5.4   that rule is published in Minnesota Rules. 
  5.5      (d) Within 14 days after the filing of an objection by the 
  5.6   commission, the legislative commission on unnecessary mandates, 
  5.7   or a committee to a rule, the issuing agency shall respond in 
  5.8   writing to the objecting entity.  After receipt of the response, 
  5.9   the commission, the legislative commission on unnecessary 
  5.10  mandates, or a committee may withdraw or modify its objection.  
  5.11     (e) After the filing of an objection by the commission, the 
  5.12  legislative commission on unnecessary mandates, or a committee 
  5.13  that is not subsequently withdrawn, the burden is upon the 
  5.14  agency in any proceeding for judicial review or for enforcement 
  5.15  of the rule to establish that the whole or portion of the rule 
  5.16  objected to is valid.  
  5.17     (f) The failure of the commission, the legislative 
  5.18  commission on unnecessary mandates, or a committee to object to 
  5.19  a rule is not an implied legislative authorization of its 
  5.20  validity. 
  5.21     (g) In accordance with sections 14.44 and 14.45, the 
  5.22  commission, the legislative commission on unnecessary mandates, 
  5.23  or a committee may petition for a declaratory judgment to 
  5.24  determine the validity of a rule objected to by the commission, 
  5.25  the legislative commission on unnecessary mandates, or a 
  5.26  committee.  The action must be started within two years after an 
  5.27  objection is filed in the office of the secretary of state.  
  5.28     (h) The commission, the legislative commission on 
  5.29  unnecessary mandates, or a committee may intervene in litigation 
  5.30  arising from agency action.  For purposes of this paragraph, 
  5.31  agency action means the whole or part of a rule, or the failure 
  5.32  to issue a rule. 
  5.33     Sec. 6.  Minnesota Statutes 2002, section 3.843, is amended 
  5.34  to read: 
  5.35     3.843 [PUBLIC HEARINGS BY STATE AGENCIES.] 
  5.36     By a vote of a majority of its members, the commission or 
  6.1   the legislative commission on unnecessary mandates may request 
  6.2   any agency issuing rules to hold a public hearing in respect to 
  6.3   recommendations made under section 3.842, including 
  6.4   recommendations made by the commission or the legislative 
  6.5   commission on unnecessary mandates to promote adequate and 
  6.6   proper rules by that agency and recommendations contained in the 
  6.7   commission's biennial report.  The agency shall give notice as 
  6.8   provided in section 14.14, subdivision 1, of a hearing under 
  6.9   this section, to be conducted in accordance with sections 14.05 
  6.10  to 14.28.  The hearing must be held not more than 60 days after 
  6.11  receipt of the request or within any other longer time period 
  6.12  specified by the commission or the legislative commission on 
  6.13  unnecessary mandates in the request. 
  6.14     Sec. 7.  [FIRST MEETING AFTER EFFECTIVE DATE OF ACT.] 
  6.15     The first meeting of the legislative commission on 
  6.16  unnecessary mandates must be held as soon as practicable after 
  6.17  all appointments are made.  The speaker of the house must 
  6.18  designate a commission member to convene the first meeting.  The 
  6.19  first commission serves until a new commission is appointed at 
  6.20  the beginning of the next biennium. 
  6.21     Sec. 8.  [EFFECTIVE DATE.] 
  6.22     This act is effective the day following final enactment.