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HF 203

Conference Committee Report - 87th Legislature (2011 - 2012) Posted on 04/26/2012 07:05pm

KEY: stricken = removed, old language.
underscored = added, new language.
1.2A bill for an act
1.3relating to regulatory reform; providing that certain rules take effect only
1.4upon legislative approval; amending Minnesota Statutes 2010, section 14.19;
1.5proposing coding for new law in Minnesota Statutes, chapter 14; repealing
1.6Minnesota Statutes 2010, section 14.127.
1.7April 26, 2012
1.8The Honorable Kurt Zellers
1.9Speaker of the House of Representatives
1.10The Honorable Michelle L. Fischbach
1.11President of the Senate
1.12We, the undersigned conferees for H. F. No. 203 report that we have agreed upon the
1.13items in dispute and recommend as follows:
1.14That the Senate recede from its amendment and that H. F. No. 203 be further
1.15amended as follows:
1.16Delete everything after the enacting clause and insert:

1.17    "Section 1. Minnesota Statutes 2010, section 14.127, is amended to read:
1.19    Subdivision 1. Cost thresholds. An agency must determine if the cost of complying
1.20with a proposed rule in the first any year after the rule takes effect will exceed $25,000
1.21$10,000 for: (1) any one business that has less fewer than 50 25 full-time employees;
1.22or (2) any one county, town, or statutory or home rule charter city that if the county,
1.23town, or city has less fewer than ten 25 full-time employees. For purposes of this section,
1.24"business" means a business entity organized for profit or as a nonprofit, and includes an
1.25individual, partnership, corporation, joint venture, association, or cooperative.
1.26    Subd. 2. Agency determination. An agency must make the determination required
1.27by subdivision 1 before the close of the hearing record, or before the agency submits the
1.28record to the administrative law judge if there is no hearing. The administrative law judge
1.29must review and approve or disapprove the agency determination under this section.
2.1    Subd. 3. Legislative approval required. If the agency determines that the cost
2.2exceeds the threshold in subdivision 1, or if the administrative law judge disapproves
2.3the agency's determination that the cost does not exceed the threshold in subdivision 1,
2.4any business that has less than 50 full-time employees or any statutory or home rule
2.5charter city that has less than ten full-time employees may file a written statement with the
2.6agency claiming a temporary exemption from the rules. Upon filing of such a statement
2.7with the agency, the rules do not apply to that business or that city take effect until the
2.8rules are approved by a law enacted after the agency determination or administrative law
2.9judge disapproval.
2.10    Subd. 4. Exceptions. (a) Subdivision 3 does not apply if the administrative law
2.11judge approves an agency's determination that the legislature has appropriated money to
2.12sufficiently fund the expected cost of the rule upon the business or city proposed to be
2.13regulated by the rule.
2.14(b) Subdivision 3 does not apply if the administrative law judge approves an
2.15agency's determination that the rule has been proposed pursuant to a specific federal
2.16statutory or regulatory mandate.
2.17(c) This section does not apply if the rule is adopted under section 14.388 or under
2.18another law specifying that the rulemaking procedures of this chapter do not apply.
2.19(d) This section does not apply to a rule adopted by the Public Utilities Commission.
2.20(e) Subdivision 3 does not apply if the governor waives application of subdivision 3.
2.21The governor may issue a waiver at any time, either before or after the rule would take
2.22effect, but for the requirement of legislative approval. As soon as possible after issuing a
2.23waiver under this paragraph, the governor must send notice of the waiver to the speaker of
2.24the house and the president of the senate and must publish notice of this determination
2.25in the State Register. A waiver under this paragraph must be maintained as part of the
2.26rulemaking record under section 14.365. A waiver issued by the governor under this
2.27paragraph is effective until the next adjournment of an annual regular legislative session
2.28after the governor issues the waiver.
2.29    Subd. 5. Severability. If an administrative law judge determines that part of a
2.30proposed rule exceeds the threshold specified in subdivision 1, but that a severable portion
2.31of a proposed rule does not exceed the threshold in subdivision 1, the administrative law
2.32judge may provide that the severable portion of the rule that does not exceed the threshold
2.33may take effect without legislative approval.
2.34EFFECTIVE DATE.This section is effective the day following final enactment,
2.35and applies to any rule for which the hearing record has not closed before that date or,
3.1if there is not a public hearing, for which the agency has not submitted the record to the
3.2administrative law judge before that date."
3.3Delete the title and insert:
3.4"A bill for an act
3.5relating to regulatory reform; modifying legislative approval of certain rules;
3.6amending Minnesota Statutes 2010, section 14.127."
We request the adoption of this report and repassage of the bill.
House Conferees:
Torrey Westrom
Steve Drazkowski
Larry Hosch
Senate Conferees:
David H. Senjem
Paul Gazelka
LeRoy A. Stumpf