SF 261

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 03/15/2012 09:34am

A bill for an act
relating to regulatory reform; providing that certain rules take effect only
upon legislative approval; amending Minnesota Statutes 2010, section 14.19;
proposing coding for new law in Minnesota Statutes, chapter 14; repealing
Minnesota Statutes 2010, section 14.127.

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

Section 1.

new text begin [14.1271] 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 annual cost
of complying with a proposed rule will exceed $10,000 for any person or entity in any
year after the rule takes effect.
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.
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 people or entities 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 this chapter do not apply.
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 2010, 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;

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

(3) days during which the rule cannot be adopted because approval of the legislature
is required under section deleted text begin 14.127 deleted text end new text begin 14.1271 new text end .

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 14.127, new text end new text begin is repealed.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin This act 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