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Minnesota Legislature

Office of the Revisor of Statutes

HF 203

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/22/2012 11:37am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/24/2011
1st Engrossment Posted on 02/14/2011
2nd Engrossment Posted on 04/30/2012
Unofficial Engrossments
1st Unofficial Engrossment Posted on 04/11/2011
Conference Committee Reports
CCR-HF0203 Posted on 04/26/2012

Current Version - 2nd Engrossment

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A bill for an act
relating to regulatory reform; modifying legislative approval of certain rules;
amending Minnesota Statutes 2010, section 14.127.

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

Section 1.

Minnesota Statutes 2010, section 14.127, is amended to read:


14.127 LEGISLATIVE APPROVAL REQUIRED.

Subdivision 1.

Cost thresholds.

An agency must determine if the cost of complying
with a proposed rule in deleted text beginthe firstdeleted text endnew text begin anynew text end year after the rule takes effect will exceed deleted text begin$25,000deleted text endnew text begin
$10,000
new text end for: (1) any one business that has deleted text beginlessdeleted text endnew text begin fewernew text end than deleted text begin50deleted text endnew text begin 25new text end full-time employees;
or (2) any one new text begincounty, town, or new text endstatutory or home rule charter city deleted text beginthatdeleted text endnew text begin if the county,
town, or city
new text end has deleted text beginlessdeleted text endnew text begin fewernew text end than deleted text begintendeleted text endnew text begin 25new text end 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.

Subd. 2.

Agency determination.

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.

Subd. 3.

Legislative approval required.

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,
deleted text begin any business that has less than 50 full-time employees or any statutory or home rule
charter city that has less than ten full-time employees may file a written statement with the
agency claiming a temporary exemption from the rules. Upon filing of such a statement
with the agency,
deleted text end the rules do not deleted text beginapply to that business or that citydeleted text endnew text begin take effectnew text end until the
rules are approved by a law enacted after the agency determination or administrative law
judge disapproval.

Subd. 4.

Exceptions.

(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.

(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.

(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 this chapter do not apply.

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

(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 and the president of the senate and must publish notice of this determination
in the State Register.new text begin A waiver under this paragraph must be maintained as part of the
rulemaking record under section 14.365. A waiver issued by the governor under this
paragraph is effective until the next adjournment of an annual regular legislative session
after the governor issues the waiver.
new text end

Subd. 5.

Severability.

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 begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and applies to any rule for which the hearing record has not closed before that date or,
if there is not a public hearing, for which the agency has not submitted the record to the
administrative law judge before that date.
new text end