Bill Text: MN HF203 | 2011-2012 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Legislative approval of rules modified.
Spectrum: Slight Partisan Bill (Republican 26-9)
Status: (Vetoed) 2012-05-03 - Governor's action Veto Chapter 275 [HF203 Detail]
Download: Minnesota-2011-HF203-Engrossed.html
Bill Title: Legislative approval of rules modified.
Spectrum: Slight Partisan Bill (Republican 26-9)
Status: (Vetoed) 2012-05-03 - Governor's action Veto Chapter 275 [HF203 Detail]
Download: Minnesota-2011-HF203-Engrossed.html
1.2relating to regulatory reform; modifying legislative approval of certain rules;
1.3amending Minnesota Statutes 2010, section 14.127.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 14.127, is amended to read:
1.614.127 LEGISLATIVE APPROVAL REQUIRED.
1.7 Subdivision 1. Cost thresholds. An agency must determine if the cost of complying
1.8with a proposed rule inthe first any year after the rule takes effect will exceed $25,000
1.9$10,000 for: (1) any one business that hasless fewer than 50 25 full-time employees;
1.10or (2) any one county, town, or statutory or home rule charter citythat if the county,
1.11town, or city hasless fewer than ten 25 full-time employees. For purposes of this section,
1.12"business" means a business entity organized for profit or as a nonprofit, and includes an
1.13individual, partnership, corporation, joint venture, association, or cooperative.
1.14 Subd. 2. Agency determination. An agency must make the determination required
1.15by subdivision 1 before the close of the hearing record, or before the agency submits the
1.16record to the administrative law judge if there is no hearing. The administrative law judge
1.17must review and approve or disapprove the agency determination under this section.
1.18 Subd. 3. Legislative approval required. If the agency determines that the cost
1.19exceeds the threshold in subdivision 1, or if the administrative law judge disapproves
1.20the agency's determination that the cost does not exceed the threshold in subdivision 1,
1.21any business that has less than 50 full-time employees or any statutory or home rule
1.22charter city that has less than ten full-time employees may file a written statement with the
1.23agency claiming a temporary exemption from the rules. Upon filing of such a statement
1.24with the agency, the rules do not apply to that business or that city take effect until the
2.1rules are approved by a law enacted after the agency determination or administrative law
2.2judge disapproval.
2.3 Subd. 4. Exceptions. (a) Subdivision 3 does not apply if the administrative law
2.4judge approves an agency's determination that the legislature has appropriated money to
2.5sufficiently fund the expected cost of the rule upon the business or city proposed to be
2.6regulated by the rule.
2.7(b) Subdivision 3 does not apply if the administrative law judge approves an
2.8agency's determination that the rule has been proposed pursuant to a specific federal
2.9statutory or regulatory mandate.
2.10(c) This section does not apply if the rule is adopted under section14.388 or under
2.11another law specifying that the rulemaking procedures of this chapter do not apply.
2.12(d) This section does not apply to a rule adopted by the Public Utilities Commission.
2.13(e) Subdivision 3 does not apply if the governor waives application of subdivision 3.
2.14The governor may issue a waiver at any time, either before or after the rule would take
2.15effect, but for the requirement of legislative approval. As soon as possible after issuing a
2.16waiver under this paragraph, the governor must send notice of the waiver to the speaker of
2.17the house and the president of the senate and must publish notice of this determination
2.18in the State Register. A waiver under this paragraph must be maintained as part of the
2.19rulemaking record under section 14.365. A waiver issued by the governor under this
2.20paragraph is effective until the next adjournment of an annual regular legislative session
2.21after the governor issues the waiver.
2.22 Subd. 5. Severability. If an administrative law judge determines that part of a
2.23proposed rule exceeds the threshold specified in subdivision 1, but that a severable portion
2.24of a proposed rule does not exceed the threshold in subdivision 1, the administrative law
2.25judge may provide that the severable portion of the rule that does not exceed the threshold
2.26may take effect without legislative approval.
2.27EFFECTIVE DATE.This section is effective the day following final enactment,
2.28and applies to any rule for which the hearing record has not closed before that date or,
2.29if there is not a public hearing, for which the agency has not submitted the record to the
2.30administrative law judge before that date.
1.3amending Minnesota Statutes 2010, section 14.127.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 14.127, is amended to read:
1.614.127 LEGISLATIVE APPROVAL REQUIRED.
1.7 Subdivision 1. Cost thresholds. An agency must determine if the cost of complying
1.8with a proposed rule in
1.9$10,000 for: (1) any one business that has
1.10or (2) any one county, town, or statutory or home rule charter city
1.11town, or city has
1.12"business" means a business entity organized for profit or as a nonprofit, and includes an
1.13individual, partnership, corporation, joint venture, association, or cooperative.
1.14 Subd. 2. Agency determination. An agency must make the determination required
1.15by subdivision 1 before the close of the hearing record, or before the agency submits the
1.16record to the administrative law judge if there is no hearing. The administrative law judge
1.17must review and approve or disapprove the agency determination under this section.
1.18 Subd. 3. Legislative approval required. If the agency determines that the cost
1.19exceeds the threshold in subdivision 1, or if the administrative law judge disapproves
1.20the agency's determination that the cost does not exceed the threshold in subdivision 1,
1.21
1.22
1.23
1.24
2.1rules are approved by a law enacted after the agency determination or administrative law
2.2judge disapproval.
2.3 Subd. 4. Exceptions. (a) Subdivision 3 does not apply if the administrative law
2.4judge approves an agency's determination that the legislature has appropriated money to
2.5sufficiently fund the expected cost of the rule upon the business or city proposed to be
2.6regulated by the rule.
2.7(b) Subdivision 3 does not apply if the administrative law judge approves an
2.8agency's determination that the rule has been proposed pursuant to a specific federal
2.9statutory or regulatory mandate.
2.10(c) This section does not apply if the rule is adopted under section
2.11another law specifying that the rulemaking procedures of this chapter do not apply.
2.12(d) This section does not apply to a rule adopted by the Public Utilities Commission.
2.13(e) Subdivision 3 does not apply if the governor waives application of subdivision 3.
2.14The governor may issue a waiver at any time, either before or after the rule would take
2.15effect, but for the requirement of legislative approval. As soon as possible after issuing a
2.16waiver under this paragraph, the governor must send notice of the waiver to the speaker of
2.17the house and the president of the senate and must publish notice of this determination
2.18in the State Register. A waiver under this paragraph must be maintained as part of the
2.19rulemaking record under section 14.365. A waiver issued by the governor under this
2.20paragraph is effective until the next adjournment of an annual regular legislative session
2.21after the governor issues the waiver.
2.22 Subd. 5. Severability. If an administrative law judge determines that part of a
2.23proposed rule exceeds the threshold specified in subdivision 1, but that a severable portion
2.24of a proposed rule does not exceed the threshold in subdivision 1, the administrative law
2.25judge may provide that the severable portion of the rule that does not exceed the threshold
2.26may take effect without legislative approval.
2.27EFFECTIVE DATE.This section is effective the day following final enactment,
2.28and applies to any rule for which the hearing record has not closed before that date or,
2.29if there is not a public hearing, for which the agency has not submitted the record to the
2.30administrative law judge before that date.
