HF 203

1st Unofficial Engrossment - 87th Legislature (2011 - 2012)

Posted on 04/11/2011 10:41 a.m.

1.1A bill for an act 1.2relating to regulatory reform; providing that certain rules take effect only 1.3upon legislative approval; amending Minnesota Statutes 2010, section 14.19; 1.4proposing coding for new law in Minnesota Statutes, chapter 14; repealing 1.5Minnesota Statutes 2010, section 14.127. 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7    Section 1. new text begin [14.1271] LEGISLATIVE APPROVAL REQUIRED. new text end 1.8     new text begin Subdivision 1. new text end new text begin Cost thresholds. new text end new text begin An agency must determine if the annual cost new text end 1.9 new text begin of complying with a proposed rule will exceed $10,000 for any person or entity in any new text end 1.10 new text begin year after the rule takes effect. new text end 1.11     new text begin Subd. 2. new text end new text begin Agency determination. new text end new text begin An agency must make the determination required new text end 1.12 new text begin by subdivision 1 before the close of the hearing record, or before the agency submits the new text end 1.13 new text begin record to the administrative law judge if there is no hearing. The administrative law judge new text end 1.14 new text begin must review and approve or disapprove the agency determination under this section. new text end 1.15     new text begin Subd. 3. new text end new text begin Legislative approval required. new text end new text begin If the agency determines that the cost new text end 1.16 new text begin exceeds the threshold in subdivision 1, or if the administrative law judge disapproves the new text end 1.17 new text begin agency's determination that the cost does not exceed the threshold in subdivision 1, the new text end 1.18 new text begin rules may not take effect until the rules are approved by a law enacted after the agency new text end 1.19 new text begin determination. new text end 1.20     new text begin Subd. 4. new text end new text begin Exceptions. new text end new text begin (a) Subdivision 3 does not apply if the administrative law new text end 1.21 new text begin judge approves an agency's determination that the legislature has appropriated money to new text end 1.22 new text begin sufficiently fund the expected cost of the rule upon the people or entities proposed to new text end 1.23 new text begin be regulated by the rule. new text end 2.1 new text begin (b) Subdivision 3 does not apply if the administrative law judge approves an new text end 2.2 new text begin agency's determination that the rule has been proposed pursuant to a specific federal new text end 2.3 new text begin statutory or regulatory mandate. new text end 2.4 new text begin (c) This section does not apply if the rule is adopted under section 14.388 or under new text end 2.5 new text begin another law specifying that the rulemaking procedures of this chapter do not apply. new text end 2.6 new text begin (d) This section does not apply to a rule adopted by the Public Utilities Commission. new text end 2.7     new text begin Subd. 5. new text end new text begin Severability. new text end new text begin If an administrative law judge determines that part of a new text end 2.8 new text begin proposed rule exceeds the threshold specified in subdivision 1, but that a severable portion new text end 2.9 new text begin of a proposed rule does not exceed the threshold in subdivision 1, the administrative law new text end 2.10 new text begin judge may provide that the severable portion of the rule that does not exceed the threshold new text end 2.11 new text begin may take effect without legislative approval. new text end 2.12    Sec. 2. Minnesota Statutes 2010, section 14.19, is amended to read: 2.1314.19 DEADLINE TO COMPLETE RULEMAKING. 2.14Within 180 days after issuance of the administrative law judge's report or that of the 2.15chief administrative law judge, the agency shall submit its notice of adoption, amendment, 2.16or repeal to the State Register for publication. If the agency has not submitted its notice to 2.17the State Register within 180 days, the rule is automatically withdrawn. The agency may 2.18not adopt the withdrawn rules without again following the procedures of sections 14.05 2.19to 14.28, with the exception of section 14.101, if the noncompliance is approved by the 2.20chief administrative law judge. The agency shall report to the Legislative Coordinating 2.21Commission, other appropriate committees of the legislature, and the governor its failure 2.22to adopt rules and the reasons for that failure. The 180-day time limit of this section 2.23does not include: 2.24(1) any days used for review by the chief administrative law judge or the commission 2.25if the review is required by law; 2.26(2) days during which the rule cannot be adopted, because of votes by legislative 2.27committees under section 14.126; or 2.28(3) days during which the rule cannot be adopted because approval of the legislature 2.29is required under section new text begin 14.1271 new text end . 2.30    Sec. 3. new text begin REPEALER. new text end 2.31 new text begin Minnesota Statutes 2010, section 14.127, new text end new text begin is repealed. new text end 2.32    Sec. 4. new text begin EFFECTIVE DATE. new text end 3.1 new text begin Sections 1 to 3 are effective the day following final enactment, and apply to any new text end 3.2 new text begin rule for which the hearing record has not closed before that date, or if there is not a new text end 3.3 new text begin public hearing, for which the agency has not submitted the record to the administrative new text end 3.4 new text begin law judge before that date. new text end