Minnesota Session Laws - 2004, Regular Session

                            CHAPTER 274-S.F.No. 2342 
                  An act relating to public administration; providing 
                  that the county recorder may accept security deposits 
                  to guarantee payment of charges; making conforming 
                  changes; requiring state agencies to consult with the 
                  commissioner of finance in preparing statements of 
                  need and reasonableness for proposed rules; amending 
                  Minnesota Statutes 2002, section 386.78; Minnesota 
                  Statutes 2003 Supplement, section 14.131. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2003 Supplement, section 
        14.131, is amended to read: 
           14.131 [STATEMENT OF NEED AND REASONABLENESS.] 
           By the date of the section 14.14, subdivision 1a, notice, 
        the agency must prepare, review, and make available for public 
        review a statement of the need for and reasonableness of the 
        rule.  The statement of need and reasonableness must be prepared 
        under rules adopted by the chief administrative law judge and 
        must include the following to the extent the agency, through 
        reasonable effort, can ascertain this information: 
           (1) a description of the classes of persons who probably 
        will be affected by the proposed rule, including classes that 
        will bear the costs of the proposed rule and classes that will 
        benefit from the proposed rule; 
           (2) the probable costs to the agency and to any other 
        agency of the implementation and enforcement of the proposed 
        rule and any anticipated effect on state revenues; 
           (3) a determination of whether there are less costly 
        methods or less intrusive methods for achieving the purpose of 
        the proposed rule; 
           (4) a description of any alternative methods for achieving 
        the purpose of the proposed rule that were seriously considered 
        by the agency and the reasons why they were rejected in favor of 
        the proposed rule; 
           (5) the probable costs of complying with the proposed rule, 
        including the portion of the total costs that will be borne by 
        identifiable categories of affected parties, such as separate 
        classes of governmental units, businesses, or individuals; 
           (6) the probable costs or consequences of not adopting the 
        proposed rule, including those costs or consequences borne by 
        identifiable categories of affected parties, such as separate 
        classes of government units, businesses, or individuals; and 
           (7) an assessment of any differences between the proposed 
        rule and existing federal regulations and a specific analysis of 
        the need for and reasonableness of each difference.  
           The statement must describe how the agency, in developing 
        the rules, considered and implemented the legislative policy 
        supporting performance-based regulatory systems set forth in 
        section 14.002. 
           The statement must also describe the agency's efforts to 
        provide additional notification under section 14.14, subdivision 
        1a, to persons or classes of persons who may be affected by the 
        proposed rule or must explain why these efforts were not made. 
           The agency must consult with the commissioner of finance to 
        help evaluate the fiscal impact and fiscal benefits of the 
        proposed rule on units of local government.  The agency must 
        send a copy of the statement of need and reasonableness to the 
        Legislative Reference Library when the notice of hearing is 
        mailed under section 14.14, subdivision 1a. 
           Sec. 2.  Minnesota Statutes 2002, section 386.78, is 
        amended to read: 
           386.78 [SECURITY DEPOSITS.] 
           The county recorder in each county shall may accept 
        security deposits to guarantee payment of charges.  Any person 
        desiring to make such deposits may deposit any amount desired 
        with The county recorder who shall deposit this any accepted 
        security deposit in a security fund with the county treasurer.  
        The county treasurer may invest said funds and the income 
        therefrom shall be deposited in the general fund of the county. 
           The county recorder shall extend credit to any person who 
        has made such deposit up to the amount of the deposit. 
           Any person may withdraw any such deposit provided that any 
        unpaid items shall first be deducted therefrom, except that the 
        county recorder may require a reasonable minimum deposit be 
        maintained based on anticipated monthly charges of the depositor.
           Presented to the governor May 18, 2004 
           Signed by the governor May 29, 2004, 9:50 a.m.