1.1                          A bill for an act 
  1.2             relating to public administration; providing that the 
  1.3             county recorder may accept security deposits to 
  1.4             guarantee payment of charges; making conforming 
  1.5             changes; requiring state agencies to consult with the 
  1.6             commissioner of finance in preparing statements of 
  1.7             need and reasonableness for proposed rules; amending 
  1.8             Minnesota Statutes 2002, section 386.78; Minnesota 
  1.9             Statutes 2003 Supplement, section 14.131. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.12  14.131, is amended to read: 
  1.13     14.131 [STATEMENT OF NEED AND REASONABLENESS.] 
  1.14     By the date of the section 14.14, subdivision 1a, notice, 
  1.15  the agency must prepare, review, and make available for public 
  1.16  review a statement of the need for and reasonableness of the 
  1.17  rule.  The statement of need and reasonableness must be prepared 
  1.18  under rules adopted by the chief administrative law judge and 
  1.19  must include the following to the extent the agency, through 
  1.20  reasonable effort, can ascertain this information: 
  1.21     (1) a description of the classes of persons who probably 
  1.22  will be affected by the proposed rule, including classes that 
  1.23  will bear the costs of the proposed rule and classes that will 
  1.24  benefit from the proposed rule; 
  1.25     (2) the probable costs to the agency and to any other 
  1.26  agency of the implementation and enforcement of the proposed 
  1.27  rule and any anticipated effect on state revenues; 
  2.1      (3) a determination of whether there are less costly 
  2.2   methods or less intrusive methods for achieving the purpose of 
  2.3   the proposed rule; 
  2.4      (4) a description of any alternative methods for achieving 
  2.5   the purpose of the proposed rule that were seriously considered 
  2.6   by the agency and the reasons why they were rejected in favor of 
  2.7   the proposed rule; 
  2.8      (5) the probable costs of complying with the proposed rule, 
  2.9   including the portion of the total costs that will be borne by 
  2.10  identifiable categories of affected parties, such as separate 
  2.11  classes of governmental units, businesses, or individuals; 
  2.12     (6) the probable costs or consequences of not adopting the 
  2.13  proposed rule, including those costs or consequences borne by 
  2.14  identifiable categories of affected parties, such as separate 
  2.15  classes of government units, businesses, or individuals; and 
  2.16     (7) an assessment of any differences between the proposed 
  2.17  rule and existing federal regulations and a specific analysis of 
  2.18  the need for and reasonableness of each difference.  
  2.19     The statement must describe how the agency, in developing 
  2.20  the rules, considered and implemented the legislative policy 
  2.21  supporting performance-based regulatory systems set forth in 
  2.22  section 14.002. 
  2.23     The statement must also describe the agency's efforts to 
  2.24  provide additional notification under section 14.14, subdivision 
  2.25  1a, to persons or classes of persons who may be affected by the 
  2.26  proposed rule or must explain why these efforts were not made. 
  2.27     The agency must consult with the commissioner of finance to 
  2.28  help evaluate the fiscal impact and fiscal benefits of the 
  2.29  proposed rule on units of local government.  The agency must 
  2.30  send a copy of the statement of need and reasonableness to the 
  2.31  Legislative Reference Library when the notice of hearing is 
  2.32  mailed under section 14.14, subdivision 1a. 
  2.33     Sec. 2.  Minnesota Statutes 2002, section 386.78, is 
  2.34  amended to read: 
  2.35     386.78 [SECURITY DEPOSITS.] 
  2.36     The county recorder in each county ~~shall~~ may accept 
  3.1   security deposits to guarantee payment of charges.  ~~Any person~~ 
  3.2   ~~desiring to make such deposits may deposit any amount desired~~ 
  3.3   ~~with~~ The county recorder ~~who~~ shall deposit ~~this~~ any accepted 
  3.4   security deposit in a security fund with the county treasurer.  
  3.5   The county treasurer may invest said funds and the income 
  3.6   therefrom shall be deposited in the general fund of the county. 
  3.7      The county recorder shall extend credit to any person who 
  3.8   has made such deposit up to the amount of the deposit. 
  3.9      Any person may withdraw any such deposit provided that any 
  3.10  unpaid items shall first be deducted therefrom, except that the 
  3.11  county recorder may require a reasonable minimum deposit be 
  3.12  maintained based on anticipated monthly charges of the depositor.