SF 115

Introduction - 87th Legislature (2011 - 2012)

Posted on 02/23/2012 08:24 a.m.

A bill for an act
relating to state government; providing for local government impact notes;
providing that certain rules take effect only upon legislative approval; proposing
coding for new law in Minnesota Statutes, chapter 14.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [14.112] LOCAL GOVERNMENT IMPACT.
new text end

new text begin Subdivision 1. new text end

new text begin Request and preparation. new text end

new text begin The elected governing body of a
statutory or home rule charter city, township, county, school district, soil and water
conservation district, or sanitary district may request the commissioner of management
and budget prepare a local fiscal impact and fiscal benefit note on a rule proposed by a
state agency. The request must be made by submitting a resolution of the governing
body to the commissioner of management and budget at least ten days before a public
hearing on a proposed rule is held or, if the agency intends to adopt the rule without
a public hearing, at least ten days before the deadline for requesting a public hearing.
Upon receipt of a request, the commissioner of management and budget must prepare an
estimate of the fiscal impact and fiscal benefit of the rule on each category of political
subdivision requesting a local impact note. The commissioner may require any political
subdivision or state agency to supply information necessary for the commissioner to
determine fiscal impact and fiscal benefit. Relevant information submitted by a political
subdivision, whether or not requested by the commissioner, must be considered by the
commissioner and commented on in the local fiscal impact and fiscal benefit note. The
commissioner must prepare the local fiscal impact and fiscal benefit note before the close
of the hearing record or, if there is no public hearing, before the agency submits the record
to the administrative law judge.
new text end

new text begin Subd. 2. new text end

new text begin Fee. new text end

new text begin The commissioner of management and budget may bill the political
subdivision requesting the local fiscal impact and fiscal benefit note up to $50 per hour
for time spent preparing the note. Upon receiving a request for a note from a political
subdivision, the commissioner must give the political subdivision an estimate of the fee
that the commissioner will charge. The political subdivision may withdraw the request for
the note. Upon completion of the note, the requesting political subdivision must pay the
fee in the time and manner requested by the commissioner of management and budget.
Fees collected under this subdivision must be deposited in the general fund.
new text end

Sec. 2.

new text begin [14.1275] LEGISLATIVE APPROVAL REQUIRED.
new text end

new text begin An agency must determine if the initial or yearly cost of complying with proposed
rules for any one person or entity will exceed $10,000. An agency must make this
determination before the close of the hearing record, or before the agency submits the
record to the administrative law judge if there is no hearing. If the agency determines that
the initial or yearly cost for any one person or entity will exceed $10,000, the rules may not
take effect until the rules are approved by a law enacted after the agency determination.
The administrative law judge must review and approve the agency's determination under
this section. If the administrative law judge does not approve the agency's determination,
the rules may not take effect until the rules are approved by a law enacted after the agency
determination. This section does not apply if:
new text end

new text begin (1) the administrative law judge approves the agency's determination that the
legislature has appropriated money to sufficiently fund the expected cost of the rule upon
the public proposed to be regulated by the rule;
new text end

new text begin (2) the administrative law judge approves the agency's determination that the rule
has been proposed pursuant to a specific federal statutory or regulatory mandate; or
new text end

new text begin (3) the rule is adopted under section 14.388 or under another law specifying that the
rulemaking procedures of chapter 14 do not apply.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective the day following final enactment. These sections
apply to any rule for which the hearing record has not closed before that date or, if there is
no public hearing, for which the agency has not submitted the record to the administrative
law judge before that date.
new text end