Rules Task Force

Minnesota Statutes, section 14.116, requires Minnesota Statutes, section 14.116, requires agencies, when proposing rules, to give notice to the Legislature. The notice must be given to committees with jurisdiction over the subject matter of the rules and to legislators who were authors of the rulemaking authority.

The notice to committees is a good idea in every case. It promotes communication about the rules, especially if committee members are concerned about specifics in the rules. Including both the committee chair and ranking minority party member ensures the notices are nonpartisan.

The notice to legislative authors is problematic for many reasons, especially when the rulemaking authority is contained in an old and often-amended statute. In some of these cases, agencies have spent 10 or more hours researching authors from many years ago. This burden results in little, if any, benefit, since the policy committees already have received notice. Also, the notice to legislative authors accomplishes little when the rulemaking authority is contained in a large composite bill and the authors of record had little to do with the rulemaking authority. Consequently, I am asking you to consider recommending the following amendment to section 14.116:

When an agency mails notice of intent to adopt rules under section 14.14 or 14.22, the agency must make reasonable efforts to send a copy of the same notice and a copy of the statement of need and reasonableness to the following:

(1) all people who are still legislators and who were main authors, or supporting authors, of the law granting the agency the statutory authority the agency relies upon as authority to adopt the proposed rule; and

(2) the chairs and ranking minority party members of the legislative policy and budget committees with jurisdiction over the subject matter of the proposed rules.

In addition, if the mailing of the notice is within two years of the effective date of the law granting the agency authority to adopt the proposed rules, the agency must make reasonable efforts to send a copy of the notice and the statement to all sitting legislators who were chief authors of the law or of the companion bill to the law.

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Updated: (jhr)