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SF 2325

as introduced - 88th Legislature (2013 - 2014) Posted on 03/06/2014 04:06pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health insurance; requiring the legislature to appropriate funds to
MNsure; requiring the Legislative Oversight Committee to review proposed
rules for MNsure before the rules are effective; requiring the Legislative
Oversight Committee to review and make recommendations to the legislature
on MNsure's budget; amending Minnesota Statutes 2013 Supplement, sections
62V.05, subdivision 8; 62V.07; 62V.11, subdivisions 3, 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2013 Supplement, section 62V.05, subdivision 8, is
amended to read:


Subd. 8.

Rulemaking.

(a) If the board's policies, procedures, or other statements are
rules, as defined in section 14.02, subdivision 4, the requirements in either paragraph (b)
or (c) apply, as applicable.

(b) Effective upon enactment until January 1, 2015:

(1) the board shall publish notice of proposed rules in the State Register after
complying with section 14.07, subdivision 2;

(2) interested parties have 21 days to comment on the proposed rules. The board
must consider comments it receives. After the board has considered all comments and
has complied with section 14.07, subdivision 2, the board shall publish notice of the
final rule in the State Register;

(3) if the adopted rules are the same as the proposed rules, the notice shall state that
the rules have been adopted as proposed and shall cite the prior publication. If the adopted
rules differ from the proposed rules, the portions of the adopted rules that differ from the
proposed rules shall be included in the notice of adoption, together with a citation to the
prior State Register that contained the notice of the proposed rules; and

(4) rules published in the State Register before January 1, 2014, take effect upon
publication of the notice. Rules published in the State Register on and after January 1,
2014, take effect 30 days after publication of the noticenew text begin , unless a majority of the members
of the Legislative Oversight Committee objects in accordance with section 62V.11,
subdivision 3. If there is an objection, the rule shall go into effect upon compliance with
section 62V.11, subdivision 3
new text end .

(c) Beginning January 1, 2015, the board may adopt rules to implement any
provisions in this chapter using the expedited rulemaking process in section 14.389.
new text begin No rule shall go into effect if a majority of the members of the Legislative Oversight
Committee objects in accordance with section 62V.11, subdivision 11. If there is an
objection, the rule shall go into effect upon compliance with section 62V.11, subdivision 3.
new text end

(d) The notice of proposed rules required in paragraph (b) must provide information
as to where the public may obtain a copy of the rules. The board shall post the proposed
rules on the MNsure Web site at the same time the notice is published in the State Register.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2013 Supplement, section 62V.07, is amended to read:


62V.07 FUNDS.

(a) The MNsure account is created in the special revenue fund of the state treasury.
All funds received by MNsure shall be deposited in the account. Funds in the account
deleted text begin aredeleted text end new text begin shall benew text end appropriated to MNsure for the operation of MNsurenew text begin by the legislaturenew text end .
Notwithstanding section 11A.20, all investment income and all investment losses
attributable to the investment of the MNsure account not currently needed, shall be
credited to the MNsure account.

(b) The budget submitted to the legislature under section 16A.11 must include
budget information for MNsure.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2013 Supplement, section 62V.11, subdivision 3, is
amended to read:


Subd. 3.

Review of proposed rules.

(a) Prior to the implementation of rules
proposed under section 62V.05, subdivision 8, deleted text begin paragraphdeleted text end new text begin paragraphsnew text end (b)new text begin and (c)new text end , the board
shall submit the proposed rules to the committee at the same time the proposed rules are
published in the State Register.

(b) When the legislature is in session, the rule may be adopted, but, if within ten
days of receipt of the proposed rule a majority of the committee members deleted text begin appointed by the
senate and a majority of the committee members appointed by the house of representatives
deleted text end request further review of the proposed rule, the rule shall not be effective until the request
has been satisfied and withdrawn, the rule is approved in law, or the regular session of
the legislature is adjourned for the year.

(c) If the legislature is not in session, the rule may be adopted, but, if within ten days
of receipt of the proposed rule a majority of the committee members deleted text begin appointed by the
senate and a majority of the committee members appointed by the house of representatives
deleted text end request further review of the proposed rule, the rule shall not be effective until the request
has been satisfied and withdrawn, deleted text begin or February 1, whichever occurs firstdeleted text end new text begin or until the
adjournment of the next legislative session
new text end .

new text begin (d) If no request for review is made by the committee, the rule may go into effect
upon compliance with section 62V.05, subdivision 8.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2013 Supplement, section 62V.11, subdivision 4, is
amended to read:


Subd. 4.

Review of costs.

The board shall submit for review the annual budget of
MNsure for the next fiscal year by March 15 of each year, beginning March 15, 2014.
new text begin The committee shall review the budget and make recommendations to the chairs and
ranking minority members of the legislative finance committees on recommended changes
to the budget.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end