HF 1375

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to administrative procedure; requiring 
  1.3             legislative approval of proposed rules in certain 
  1.4             circumstances; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 14. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [14.281] [LEGISLATIVE APPROVAL OF PROPOSED 
  1.8   RULE.] 
  1.9      Subdivision 1.  [APPLICABILITY.] An agency shall follow the 
  1.10  procedure prescribed by this section: 
  1.11     (1) when a law requiring or authorizing the agency to adopt 
  1.12  rules states that the agency must adopt the rules under this 
  1.13  section; or 
  1.14     (2) when a proposed rule would impose standards or 
  1.15  requirements greater than those imposed by an existing federal 
  1.16  regulation. 
  1.17     Subd. 2.  [PROCEDURE.] (a) An agency required by 
  1.18  subdivision 1, clause (1), to adopt rules under this section 
  1.19  shall prepare a statement of need and reasonableness in 
  1.20  accordance with section 14.131, hold a public hearing under 
  1.21  section 14.14, and obtain an administrative law judge's report 
  1.22  under section 14.15.  In addition, an agency required by 
  1.23  subdivision 1, clause (2), to adopt rules under this section 
  1.24  shall include in its statement of need and reasonableness the 
  1.25  information required by paragraph (b).  Within ten days after 
  2.1   receiving the administrative law judge's report, the agency 
  2.2   shall submit to the speaker of the house of representatives and 
  2.3   the president of the senate: 
  2.4      (1) a copy of the proposed rules; 
  2.5      (2) a copy of the statement of need and reasonableness; 
  2.6      (3) a summary of public testimony or information presented 
  2.7   at the public hearing and during the subsequent comment period 
  2.8   prescribed by section 14.15, subdivision 1, along with any 
  2.9   agency responses; and 
  2.10     (4) a copy of the administrative law judge's report. 
  2.11     (b) In addition to the content required by section 14.131, 
  2.12  an agency governed by subdivision 1, clause (2), must include 
  2.13  the following in its statement of need and reasonableness to the 
  2.14  extent that the agency, through reasonable effort, can ascertain 
  2.15  the information: 
  2.16     (1) a determination of the probable result of the rule in 
  2.17  terms of the number of public and private jobs that will be 
  2.18  created, retained, or eliminated; 
  2.19     (2) a determination of the relative impact of the rule on 
  2.20  businesses of differing sizes; 
  2.21     (3) a determination of the effect of the rule on those 
  2.22  regulated by it with respect to competition within the state and 
  2.23  with other states and regions, as well as to potential global 
  2.24  competition; 
  2.25     (4) a determination of the effect of the rule on the state 
  2.26  tax base; and 
  2.27     (5) a determination of the effect of the rule on the cost 
  2.28  of living. 
  2.29     (c) The agency may not proceed with adoption, filing, and 
  2.30  publication of the proposed rules under sections 14.16 and 14.18 
  2.31  until the legislature has had an opportunity to review the 
  2.32  proposed rules in accordance with subdivision 3. 
  2.33     Subd. 3.  [LEGISLATIVE REVIEW.] Within three legislative 
  2.34  days after receipt of the material required from the agency 
  2.35  under subdivision 2, the speaker of the house of representatives 
  2.36  and the president of the senate shall refer the material to the 
  3.1   standing committees of each house having jurisdiction over the 
  3.2   agency proposing the rules.  The committees shall consider and 
  3.3   take action on the proposed rules within ten legislative days 
  3.4   after their referral to the committees.  After consideration of 
  3.5   the proposed rules, the committees may propose resolutions to 
  3.6   their respective houses, recommending either approval or 
  3.7   disapproval of the proposed rules.  If both houses adopt a 
  3.8   concurrent resolution approving the proposed rules, or if one or 
  3.9   both committees fails to act on the rules within ten legislative 
  3.10  days, the agency may proceed to adopt, file, and publish the 
  3.11  proposed rules under sections 14.16 and 14.18.  If both houses 
  3.12  adopt a concurrent resolution disapproving the proposed rules, 
  3.13  the agency may not proceed.