SF 3382

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to rulemaking; making rules effective only 
  1.3             after approval by the governor; requiring 
  1.4             constitutional officers to sign their own rules to 
  1.5             make them take effect; removing the governor's veto 
  1.6             authority over rules; amending Minnesota Statutes 
  1.7             2000, section 14.18, subdivision 1; repealing 
  1.8             Minnesota Statutes 2000, section 14.05, subdivision 6. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 14.18, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [GENERALLY.] (a) A rule is effective after 
  1.13  it has been signed by the governor and been subjected to all 
  1.14  requirements described in sections 14.131 to 14.20 and five 
  1.15  working days after the notice of adoption is published in the 
  1.16  State Register unless a later date is required by law or 
  1.17  specified in the rule.  Rule titles must include the governor's 
  1.18  name, a rule number, and the year the rule is signed by the 
  1.19  governor.  If the rule adopted is the same as the proposed rule, 
  1.20  publication may be made by publishing notice in the State 
  1.21  Register that the rule has been adopted as proposed and by 
  1.22  citing the prior publication.  If the rule adopted differs from 
  1.23  the proposed rule, the portions of the adopted rule that differ 
  1.24  from the proposed rule must be included in the notice of 
  1.25  adoption together with a citation to the prior State Register 
  1.26  publication of the remainder of the proposed rule.  The nature 
  1.27  of the modifications must be clear to a reasonable person when 
  2.1   the notice of adoption is considered together with the State 
  2.2   Register publication of the proposed rule, except that 
  2.3   modifications may also be made that comply with the form 
  2.4   requirements of section 14.07, subdivision 7.  
  2.5      (b) If the agency omitted from the notice of proposed rule 
  2.6   adoption the text of the proposed rule, as permitted by section 
  2.7   14.14, subdivision 1a, paragraph (b), the chief administrative 
  2.8   law judge may provide that the notice of the adopted rule need 
  2.9   not include the text of any changes from the proposed rule.  
  2.10  However, the notice of adoption must state in detail the 
  2.11  substance of the changes made from the proposed rule, and must 
  2.12  state that a free copy of the portion of the adopted rule that 
  2.13  was the subject of the rulemaking proceeding, not including any 
  2.14  material adopted by reference as permitted by section 14.07, is 
  2.15  available upon request to the agency. 
  2.16     (c) Notwithstanding paragraph (a), a rulemaking initiated 
  2.17  by a constitutional officer under this chapter is effective when 
  2.18  signed by that constitutional officer.  The title must include 
  2.19  the constitutional officer's name and office, the rule number, 
  2.20  and the year the rule is signed by the constitutional officer. 
  2.21     Sec. 2.  [REPEALER.] 
  2.22     Minnesota Statutes 2000, section 14.05, subdivision 6, is 
  2.23  repealed.