Minnesota Legislature
HF 2319
as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 03:02pm
Current Version - as introduced
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A bill for an act
relating to job creation; creating a small business regulatory review board;
providing legislative appointments; proposing coding for new law in Minnesota
Statutes, chapter 14.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[14.129] CITATION.
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Sections 14.1291 to 14.1295 shall be cited as the "Small Business Regulatory Relief
Act."
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Sec. 2.
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[14.1291] CREATION AND PURPOSE.
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The Small Business Regulatory Review Board is created in the legislative branch to:
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(1) review proposed rules or revisions to existing rules to determine the impact of
the proposal or revision on small businesses; and
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(2) examine existing rules that impact small businesses and recommend any changes
that would make existing rules more efficient and cost-effective for small businesses.
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Sec. 3.
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[14.1292] SMALL BUSINESS REGULATORY REVIEW BOARD.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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For purposes of sections 14.1291 to 14.1295, "small
business" has the meaning given in section 645.445.
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new text begin Subd. 2. new text end
new text begin Membership. new text end
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(a) The Small Business Regulatory Review Board consists
of 16 members, including:
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(1) the commissioner of employment and economic development or the
commissioner's designee;
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(2) the commissioner of commerce or the commissioner's designee;
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(3) the commissioner of revenue or the commissioner's designee;
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(4) the commissioner of health or the commissioner's designee;
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(5) the commissioner of natural resources or the commissioner's designee;
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(6) the commissioner of the Pollution Control Agency or the commissioner's
designee;
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(7) three public members appointed by the speaker of the house of representatives;
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(8) three public members appointed by the senate Subcommittee on Committees of
the Committee on Rules and Administration;
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(9) two members of the senate appointed by the senate Subcommittee on Committees
of the Committee on Rules and Administration; and
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(10) two members of the house of representatives appointed by the speaker of the
house of representatives.
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(b) Legislative members appointed to the board shall include the chairs of the
legislative committees with jurisdiction over jobs and economic development or their
designees, one member from the minority party of the senate, and one member from the
minority party of the house of representatives.
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(c) Public members shall be representatives of small businesses, as either an owner
of a small business or as a member of a small business trade organization.
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(d) The first meeting of the board shall be convened by the chair of the Legislative
Coordinating Commission no later than December 1, 2012. Members shall elect a chair.
The chair may convene meetings as necessary to conduct the duties prescribed by sections
14.1291 to 14.1295.
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new text begin Subd. 3. new text end
new text begin Terms, compensation, removal, and vacancies. new text end
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The terms, compensation,
and removal of board members, and filling of vacancies on the board are governed by
section 15.0575.
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Sec. 4.
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[14.1293] BOARD REVIEW; REPORT AND RECOMMENDATIONS.
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new text begin Subdivision 1. new text end
new text begin Board review. new text end
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(a) The board shall review all rules submitted to the
board as required under sections 14.1294 and 14.1295 to determine whether a proposed or
existing rule creates an unnecessary burden on small businesses.
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(b) If the board determines that a proposed or existing rule places an unnecessary
burden on small businesses, it shall issue a report and recommendations regarding the
rule to:
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(1) the agency with jurisdictional authority of the proposed or existing rule;
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(2) the chairs of the house of representatives and senate committees having
jurisdiction over the agency; and
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(3) the Legislative Coordinating Commission, as necessary, to carry out the
provisions of section 3.842.
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new text begin Subd. 2. new text end
new text begin Rule adoption. new text end
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The standing committees of the house of representatives
and senate with jurisdiction over the subject matter of a proposed rule may follow the
procedures in section 14.126 when, upon review of the report and recommendations from
the board, the committees vote that a proposed rule should not be adopted as proposed.
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Sec. 5.
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[14.1294] IMPACT ON SMALL BUSINESSES.
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(a) An agency proposing a new rule, or an amendment to an existing rule, affecting
small businesses shall:
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(1) consider methods for reducing the impact of the rule on small businesses,
including, but not limited to, less stringent reporting requirements, reduced fees,
simplification of compliance, or exemption for small businesses from any or all
requirements of the rule; and
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(2) submit a proposed rule having an economic impact on small businesses to the
board on the same day the proposed rule is submitted for publication in the State Register.
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(b) An agency submitting a rule to the board shall include, along with the rule, a
statement detailing the considerations made for lessening the impact of the rule on small
businesses.
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Sec. 6.
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[14.1295] REVIEW OF RULES.
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Beginning in 2012, each agency shall annually review the current rules of the agency
and shall consider methods of reducing their impact on small businesses as provided under
section 14.1294. If a method appears feasible, the agency shall propose an amendment to
the rule, and submit the proposal to the board for consideration.
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Sec. 7. new text begin EFFECTIVE DATE.
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Sections 1 to 6 are effective the day following final enactment.
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