SF 1614

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 02/22/2012 03:40pm

A bill for an act
relating to job creation; creating a small business regulatory review board;
providing legislative appointments; requiring an annual review and report;
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 [14.129] CITATION.
new text end

new text begin Sections 14.1291 to 14.1295 shall be cited as the "Small Business Regulatory Relief
Act."
new text end

Sec. 2.

new text begin [14.1291] CREATION AND PURPOSE.
new text end

new text begin The Small Business Regulatory Review Board is created in the legislative branch to:
new text end

new text begin (1) review proposed rules or revisions to existing rules to determine the impact of
the proposal or revision on small businesses; and
new text end

new text begin (2) examine existing rules that impact small businesses and recommend any changes
that would make existing rules more efficient and cost-effective for small businesses.
new text end

Sec. 3.

new text begin [14.1292] SMALL BUSINESS REGULATORY REVIEW BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of sections 14.1291 to 14.1295, "small
business" has the meaning given in section 645.445.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The Small Business Regulatory Review Board consists
of 14 members, including:
new text end

new text begin (1) two public members appointed by the speaker of the house of representatives;
new text end

new text begin (2) two public members appointed by the senate Subcommittee on Committees of
the Committee on Rules and Administration;
new text end

new text begin (3) two public members appointed by the governor;
new text end

new text begin (4) four members of the senate appointed by the senate Subcommittee on
Committees of the Committee on Rules and Administration; and
new text end

new text begin (5) four members of the house of representatives appointed by the speaker of the
house of representatives.
new text end

new text begin (b) Legislative members appointed to the board shall include the chairs of the
legislative committees with jurisdiction over jobs and economic development or their
designees, one member from the majority party of the senate, two members from the
minority party of the senate, one member from the majority party of the house of
representatives, and two members from the minority party of the house of representatives.
new text end

new text begin (c) Public members shall be representatives of small businesses, as either an owner
of a small business or as a member of a small business trade organization. At least two
public members must reside outside of the seven-county metropolitan area as defined
in section 473.121.
new text end

new text begin (d) The first meeting of the board shall be convened by the chair of the Legislative
Coordinating Commission no later than December 1, 2012. Members shall elect a chair.
The chair may convene meetings as necessary to conduct the duties prescribed by sections
14.1291 to 14.1295.
new text end

new text begin Subd. 3. new text end

new text begin Terms, compensation, removal, and vacancies. new text end

new text begin The terms, compensation,
and removal of board members, and filling of vacancies on the board are governed by
section 15.0575.
new text end

new text begin Subd. 4. new text end

new text begin Consultation with state agencies. new text end

new text begin The board shall consult with a
commissioner of a state agency or a commissioner's designee to find creative, innovative,
or flexible solutions to make an agency's proposed or existing rule less burdensome on
small businesses.
new text end

Sec. 4.

new text begin [14.1293] BOARD REVIEW; REPORT AND RECOMMENDATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Board review. new text end

new text begin (a) The board shall review all rules submitted to the
board as required under section 14.1294, and reports submitted under section 14.1295 to
determine whether a proposed rule or existing statute, law, or rule creates an unnecessary
burden on small businesses by, including, but not limited to, the following:
new text end

new text begin (1) creating a barrier to the formation, operation, or expansion of small businesses;
new text end

new text begin (2) increasing the cost of conducting business; or
new text end

new text begin (3) requiring additional compliance or reporting requirements.
new text end

new text begin (b) If the board determines that a proposed rule or existing statute, law, or rule places
an unnecessary burden on small businesses, it shall issue a report and recommendations to:
new text end

new text begin (1) the agency with jurisdictional authority of the proposed rule or existing statute,
law, or rule;
new text end

new text begin (2) the chairs of the house of representatives and senate committees having
jurisdiction over the agency; and
new text end

new text begin (3) the Legislative Coordinating Commission, as necessary, to carry out the
provisions of section 3.842.
new text end

new text begin Subd. 2. new text end

new text begin Rule adoption. new text end

new text begin The standing committees of the house of representatives
and senate with jurisdiction over the subject matter of a proposed rule may follow the
procedures in section 14.126 when, upon review of the report and recommendations from
the board, the committees vote that a proposed rule should not be adopted as proposed.
new text end

Sec. 5.

new text begin [14.1294] IMPACT ON SMALL BUSINESSES.
new text end

new text begin (a) An agency proposing a new rule, or an amendment to an existing rule, affecting
small businesses shall:
new text end

new text begin (1) consider methods for reducing the impact of the rule on small businesses,
including, but not limited to, less stringent reporting requirements, reduced fees,
simplification of compliance, or exemption for small businesses from any or all
requirements of the rule; and
new text end

new text begin (2) submit a proposed rule having an economic impact on small businesses to the
board on the same day the proposed rule is submitted for publication in the State Register.
new text end

new text begin (b) An agency submitting a rule to the board shall include, along with the rule, a
statement detailing the considerations made for lessening the impact of the rule on small
businesses.
new text end

Sec. 6.

new text begin [14.1295] ANNUAL REVIEW; REPORT.
new text end

new text begin Beginning in fiscal year 2012, each agency shall annually review the current statutes,
laws, and rules of the agency and shall consider methods of reducing their impact on small
businesses as provided under section 14.1294. If a method appears feasible, the agency
shall propose an amendment to the statute, law, or rule, and submit the proposal to the
board for consideration. By December 31 each year, each agency shall submit a report to
the board, including any proposal and confirmation that a review has been conducted.
new text end

Sec. 7. new text begin SUNSET.
new text end

new text begin This act expires on June 30, 2016.
new text end

Sec. 8. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 7 are effective the day following final enactment.
new text end