HF 116

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; providing that certain
rules take effect only upon legislative approval;
amending Minnesota Statutes 2004, section 14.19;
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 [14.127] LEGISLATIVE APPROVAL REQUIRED.
new text end

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 cost of complying with a proposed rule in the first year
after the rule takes effect will exceed $25,000 for: (1) any
one business that has less than 50 full-time employees; or (2)
any one statutory or home rule charter city that has less than
ten full-time employees. For purposes of this section,
"business" means a business entity organized for profit or as a
nonprofit, and includes an individual, partnership, corporation,
joint venture, association, or cooperative.
new text end

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 by subdivision 1 before the close of the
hearing record, or before the agency submits the record to the
administrative law judge if there is no hearing. The
administrative law judge must review and approve or disapprove
the agency determination under this section.
new text end

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 exceeds the threshold in subdivision 1,
or if the administrative law judge disapproves the agency's
determination that the cost does not exceed the threshold in
subdivision 1, the rules may not take effect until the rules are
approved by a law enacted after the agency determination or
administrative law judge disapproval.
new text end

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 judge approves an agency's determination
that the legislature has appropriated money to sufficiently fund
the expected cost of the rule upon the business or city proposed
to be regulated by the rule.
new text end

new text begin (b) Subdivision 3 does not apply if the administrative law
judge approves an agency's determination that the rule has been
proposed pursuant to a specific federal statutory or regulatory
mandate.
new text end

new text begin (c) This section does not apply if 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

new text begin (d) This section does not apply to a rule adopted by the
Public Utilities Commission.
new text end

new text begin (e) Subdivision 3 does not apply if the governor waives
application of subdivision 3. The governor may issue a waiver
at any time, either before or after the rule would take effect
but for the requirement of legislative approval. As soon as
possible after issuing a waiver under this paragraph, the
governor must send notice of the waiver to the speaker of the
house of representatives and the president of the senate, and
must publish notice of this determination in the State Register.
new text end

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 proposed rule exceeds the threshold
specified in subdivision 1, but that a severable portion of a
proposed rule does not exceed the threshold in subdivision 1,
the administrative law judge may provide that the severable
portion of the rule that does not exceed the threshold may take
effect without legislative approval.
new text end

Sec. 2.

Minnesota Statutes 2004, section 14.19, is amended
to read:

14.19 DEADLINE TO COMPLETE RULEMAKING.

Within 180 days after issuance of the administrative law
judge's report or that of the chief administrative law judge,
the agency shall submit its notice of adoption, amendment, or
repeal to the State Register for publication. If the agency has
not submitted its notice to the State Register within 180 days,
the rule is automatically withdrawn. The agency may not adopt
the withdrawn rules without again following the procedures of
sections 14.05 to 14.28, with the exception of section 14.101,
if the noncompliance is approved by the chief administrative law
judge. The agency shall report to the Legislative Coordinating
Commission, other appropriate committees of the legislature, and
the governor its failure to adopt rules and the reasons for that
failure. The 180-day time limit of this section does not
include:

(1) any days used for review by the chief administrative
law judge or the commission if the review is required by law; deleted text begin or
deleted text end

(2) days during which the rule cannot be adopted, because
of votes by legislative committees under section 14.126 new text begin ; or
new text end

new text begin (3) days during which the rule cannot be adopted because
approval of the legislature is required under section 14.127 new text end .

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

new text begin Sections 1 and 2 are effective July 1, 2005. These
sections apply to any rule for which the hearing record has not
closed before July 1, 2005, 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