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Minnesota Session Laws - 1994, Regular Session

Key: (1) language to be deleted (2) new language

                            CHAPTER 629-H.F.No. 1899 
                  An act relating to state government; modifying the 
                  composition and duties of the legislative commission 
                  to review administrative rules; modifying the 
                  statutory rule note requirements for bills delegating 
                  rulemaking authority; requiring rulemaking by the 
                  ethical practices board under certain circumstances; 
                  amending Minnesota Statutes 1992, sections 3.842, by 
                  adding subdivisions; and 10A.02, by adding a 
                  subdivision; Minnesota Statutes 1993 Supplement, 
                  section 3.841; proposing coding for new law in 
                  Minnesota Statutes, chapter 3; and repealing Minnesota 
                  Statutes 1993 Supplement, section 3.984. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1993 Supplement, section 
        3.841, is amended to read: 
           3.841 [LEGISLATIVE COMMISSION TO REVIEW ADMINISTRATIVE 
        RULES; COMPOSITION; MEETINGS.] 
           A legislative commission to review administrative rules, 
        consisting of five senators appointed by the committee 
        subcommittee on committees of the committee on rules and 
        administration of the senate and five representatives appointed 
        by the speaker of the house of representatives shall be 
        appointed within 30 days after the convening of the legislative 
        session.  Its members must include the chair or vice-chair the 
        chair's designee of the committees in each body having 
        jurisdiction over administrative rules.  The commission shall 
        meet at the call of its chair or upon a call signed by two of 
        its members or signed by five members of the legislature.  The 
        office of chair of the legislative commission shall alternate 
        between the two houses of the legislature every two years. 
           Sec. 2.  Minnesota Statutes 1992, section 3.842, is amended 
        by adding a subdivision to read: 
           Subd. 6.  [REPORTS ON RULEMAKING GRANTS.] Beginning with a 
        report submitted to the legislature on February 1, 2000, and 
        every four years after that date, the commission shall compile a 
        list of all general and specific grants of rulemaking of all 
        agencies.  The report should include a brief description of each 
        grant and a citation to the authorizing statute. 
           Sec. 3.  Minnesota Statutes 1992, section 3.842, is amended 
        by adding a subdivision to read: 
           Subd. 7.  [PUBLICATION OF RULES BULLETIN.] The commission 
        shall periodically publish a bulletin highlighting controversial 
        proposed rules and other developments of interest in 
        rulemaking.  The bulletin shall be available to legislators and 
        to the general public.  
           Sec. 4.  [3.985] [RULE NOTES.] 
           The governor or the chair of a standing committee to which 
        a bill delegating rulemaking authority has been referred may 
        require an agency to which the rulemaking authority is granted 
        under a bill to prepare a rulemaking note on the proposed 
        delegation of authority.  The rulemaking note shall contain any 
        of the following information requested by the governor or the 
        chair of the standing committee:  the reasons for the grant of 
        authority; the person or groups the rules would impact; 
        estimated cost of the rule for affected persons; estimated cost 
        to the agency of adopting the rules; and any areas of 
        controversy anticipated by the agency.  The rulemaking note must 
        be delivered to the governor and to the chair of the standing 
        committee to which the bill delegating the rulemaking authority 
        has been referred. 
           Sec. 5.  Minnesota Statutes 1992, section 10A.02, is 
        amended by adding a subdivision to read: 
           Subd. 12a.  [RULES.] If the board intends to apply 
        principles of law or policy announced in an advisory opinion 
        issued under subdivision 12 more broadly than to the individual 
        or association to whom the opinion was issued, the board must 
        adopt these principles or policies as rules under chapter 14. 
           Sec. 6.  [REPEALER.] 
           Minnesota Statutes 1993 Supplement, section 3.984, is 
        repealed. 
           Sec. 7.  [EFFECTIVE DATE.] 
           Section 5 is effective July 1, 1995. 
           Presented to the governor May 6, 1994 
           Signed by the governor May 10, 1994, 3:52 p.m.

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