Bill Text: MN HF1831 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Legislative review of rules provided for sunset and legislative approval of existing rules.
Spectrum: Moderate Partisan Bill (Republican 8-1)
Status: (Introduced - Dead) 2012-02-08 - Committee report, to pass as amended and re-refer to Commerce and Regulatory Reform [HF1831 Detail]
Download: Minnesota-2011-HF1831-Engrossed.html
1.2relating to state government; providing for legislative review of certain rules;
1.3providing for sunset and legislative approval of existing rules;proposing coding
1.4for new law as Minnesota Statutes, chapter 14A.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [14A.01] DEFINITIONS.
1.7 Subdivision 1. Applicability. The definitions in this section apply to this chapter.
1.8 Subd. 2. Agency. "Agency" means an agency as the term is defined in section
1.914.02, except that it does not include agencies directly within the legislative or judicial
1.10branches, the Department of Military Affairs, the Office of Administrative Hearings, or
1.11the Tax Court.
1.12 Subd. 3. Rule. "Rule" means a rule as the term is defined in section 14.02, except
1.13that the term does not include:
1.14(1) a rule pertaining solely to internal agency organization, procedure, or practice that
1.15does not directly or substantially affect the rights or obligations of nonagency parties; or
1.16(2) a rule promulgated or otherwise decreed pursuant to the emergency powers in
1.17sections 12.31 to 12.37.
1.18 Subd. 4. Major rule. "Major rule" means a rule that the agency promulgating the
1.19rule, after consulting with the commissioner of employment and economic development,
1.20finds has resulted in or is likely to result in:
1.21(1) an adverse effect or impact on the private-sector economy of the state of
1.22Minnesota of $2,000,000 or more in a single year;
2.1(2) a significant increase in costs or prices for consumers, individual private-sector
2.2industries, state agencies, local governments, individuals, or private-sector enterprises
2.3within certain geographic regions inside the state of Minnesota; or
2.4(3) significant adverse impacts on the competitiveness of private-sector
2.5Minnesota-based enterprises, or on private-sector employment, investment, productivity,
2.6or innovation within the state of Minnesota.
2.7 Subd. 5. Nonmajor rule. "Nonmajor rule" means a rule that is not a major rule.
2.8 Sec. 2. [14A.02] LEGISLATIVE REVIEW.
2.9 Subdivision 1. Report to legislature before rule takes effect. Before a rule may
2.10take effect and have the force of law, the agency promulgating the rule shall prepare and
2.11submit to the speaker of the house, president of the senate, and the chairs of the respective
2.12house and senate standing committees with jurisdiction, a report containing:
2.13(1) a copy of the rule;
2.14(2) a concise, general statement summarizing the rule;
2.15(3) a classification of the rule as a major or nonmajor rule, including an explanation
2.16of the classification specifically addressing each criteria for a major rule contained within
2.17section 14A.01, subdivision 4, clauses (1), (2) and (3); and
2.18(4) a list of any other related regulatory actions intended to implement the same
2.19statutory provision or regulatory objective as well as the individual and aggregate
2.20economic effects of those actions.
2.21 Subd. 2. Information to be made available. (a) The report pursuant to subdivision
2.221 submitted by the agency promulgating the rule shall be prepared by the agency, which
2.23shall employ reasonable efforts to prepare the report, with the cooperation and assistance
2.24of the commissioner of employment and economic development as needed to classify
2.25the rule pursuant to subdivision 1, clause (3). The classification of the rule required by
2.26subdivision 1, clause (3), shall be made based upon and considering all items identified in
2.27paragraph (b) that are relevant to making the classification.
2.28(b) The agency promulgating the rule must make available to the commissioner of
2.29employment and economic development in connection with the preparation of the report
2.30required by subdivision 1, and make available to both houses of the legislature on the date
2.31of the submission of the report for inspection or review upon the request of any member of
2.32either house of the legislature, the following:
2.33(1) any cost-benefit analysis of the rule, any analysis of private-sector jobs added
2.34or lost, and any analysis of the economic or employment impacts of the rule, actual
2.35or anticipated, and any information, document, analysis, or report relevant to the
3.1determination required to be made under subdivision 1, clause (3), that are within the
3.2possession, custody, or control of the agency, or which the agency knows to exist and is
3.3able to obtain without undue or disproportionate burden or expense;
3.4(2) any statements of need and reasonableness prepared pursuant to section 14.131
3.5or 14.23 regarding the rule or any previously proposed version of the rule;
3.6(3) any relevant written comments received by the agency regarding the rule or any
3.7previously proposed version of the rule;
3.8(4) any transcript of any hearing related to the rule or any previously proposed
3.9version of the rule that was prepared pursuant to a request under section 14.14, subdivision
3.103;
3.11(5) any findings, conclusions, orders, approvals, disapprovals, opinions, or reports
3.12issued by an administrative law judge in any way related to the rule or previously proposed
3.13versions of the rule, including any report prepared by an administrative law judge under
3.14section 14.15;
3.15(6) any relevant advice and comment submitted to the agency pursuant to section
3.1614.15, subdivision 4, or 14.26, subdivision 3;
3.17(7) any opinions or orders issued by any federal or state court in any appeal of
3.18or other civil action challenging, in whole or in part, any administrative law judge's
3.19report under section 14.15 or any findings, conclusions, orders, approvals, disapprovals,
3.20opinions, or reports issued by any administrative law judge regarding the rule or any
3.21previously proposed version of the rule;
3.22(8) any agency determinations regarding the rule under section 14.127, subdivisions
3.231 and 2, and any documents or other information relied upon by the agency in making
3.24such determination;
3.25(9) any approvals or disapprovals issued by an administrative law judge pursuant to
3.26section 14.127, subdivision 2, of any determination made by the agency under that section;
3.27(10) any written statements filed with the agency under section 14.127, subdivision
3.282, that relate to the rule;
3.29(11) any other relevant information or requirements under any other act;
3.30(12) any relevant executive orders; and
3.31(13) any other information, documents, data, or analyses relied upon in order to
3.32make the determination required under subdivision 1, clause (3).
3.33 Subd. 3. Classification of nonmajor rule; notice. On the date that the report
3.34under subdivision 1 is submitted with regard to a rule that the agency promulgating the
3.35rule has classified as a nonmajor rule, the agency promulgating the rule shall publish a
3.36notice identifying the rule as a nonmajor rule and setting forth in full the explanation of
4.1the classification that subdivision 1, clause (3), requires the agency to include in its report
4.2under subdivision 1.
4.3 Subd. 4. Joint resolution of approval required for major rule. (a) A major
4.4rule shall not take effect or have the force of law unless a joint resolution of approval as
4.5described under section 14A.03 is enacted into law.
4.6(b) If a joint resolution of approval is not enacted within 20 legislative days,
4.7beginning on the legislative day on which the report referred to in subdivision 1 is received
4.8by the legislature, then the rule described in that resolution is not approved and does
4.9not take effect and does not have the force of law, and a subsequent joint resolution of
4.10approval relating to the same rule may not be considered under this chapter in the same
4.11biennial session of the legislature by either the house of representatives or the senate. If a
4.12report under subdivision 1 is received by the office of the speaker of the house and the
4.13office of the president of the senate on a day that is not a legislative day, then the 20-day
4.14period begins on the first subsequent legislative day after receipt of the report, except
4.15as provided under subdivision 6.
4.16(c) If a joint resolution of approval is not enacted in the time period specified in
4.17paragraph (b), the agency that has proposed the rule shall forthwith publish a notice in
4.18the State Register stating that the rule has not been approved by the legislature, is not
4.19effective, does not have the force of law, and is not to be considered an adopted rule.
4.20However, if the governor makes a determination and issues an executive order under
4.21subdivision 5, the agency shall delay publication of the State Register notice until the
4.22day following the end of the period of time described in the executive order pursuant
4.23to subdivision 5, paragraph (a).
4.24 Subd. 5. Major rule taking effect under executive order. (a) Notwithstanding
4.25any other provision of this section, but subject to paragraph (c), if the governor makes
4.26a determination under paragraph (b) and submits written notice of this determination
4.27to the speaker of the house, the president of the senate, and the chairs of the standing
4.28committees with jurisdiction, a major rule may take effect and have the force of law
4.29for one 90-calendar-day period, or, in the event that a report relating to a major rule
4.30classified as such under subdivision 1, clause (3), is submitted to the legislature after the
4.31legislature has adjourned a regular annual session and before the legislature has convened
4.32its next regular annual session, for one period of time not to exceed that period of time
4.33commencing with the date of the submission of such report as required by subdivision 1
4.34and ending with the earlier of (1) the 20th legislative day of the next regular annual session
4.35of the legislature or (2) the final legislative day of the next regular annual session of the
5.1legislature. An executive order issued pursuant to paragraph (b) shall state the time period
5.2of its effectiveness, as that time period is described in this paragraph.
5.3(b) Paragraph (a) applies to a determination made by the governor by executive
5.4order that the major rule should take effect because the rule is:
5.5(1) necessary because of an imminent threat to public health, safety, security, or
5.6other emergency; or
5.7(2) necessary for the enforcement of criminal laws.
5.8(c) An exercise by the governor of the authority under this subdivision has no effect
5.9on the procedures under this section or section 14A.03.
5.10 Subd. 6. Approval of rules reported late in legislative sessions. (a) In addition
5.11to the opportunity for review otherwise provided under this chapter, in the case of any
5.12rule for which a report was submitted in accordance with subdivision 1 during the period
5.13beginning on the date occurring 45 calendar days before the date the legislature is
5.14scheduled to adjourn a regular annual session of the legislature through the date on which
5.15the same or succeeding legislature first convenes its next regular annual session, section
5.1614A.03 shall apply to such rule in the succeeding session of the legislature.
5.17(b) In applying section 14A.03 for purposes of such additional review, a rule
5.18described under paragraph (a) shall be treated as if the report on such rule were submitted
5.19to the legislature under subdivision 1 on the fifth legislative day of the session.
5.20(c) Nothing in this subdivision shall be construed to affect the requirement under
5.21subdivision 1 that a report shall be submitted to the legislature before a rule can take
5.22effect and have legal force.
5.23(d) A rule described under paragraph (a) shall take effect as otherwise provided by
5.24law, including other subdivisions of this section and section 14A.03.
5.25 Sec. 3. [14A.03] LEGISLATIVE APPROVAL FOR MAJOR RULES.
5.26 Subdivision 1. Introduction of resolution. (a) For purposes of this subdivision, the
5.27term "joint resolution" means only a joint resolution addressing a report classifying a rule
5.28as major pursuant to section 14A.02, subdivision 1, clause (3), that:
5.29(1) bears no preamble;
5.30(2) bears the following title (with blanks filled as appropriate): "Approving the
5.31rule submitted by ....... relating to ......";
5.32(3) includes after its resolving clause only the following (with blanks filled as
5.33appropriate): "That the legislature approves the rule submitted by ....... relating to .......";
5.34and
5.35(4) is introduced pursuant to paragraph (b).
6.1(b) After a house of the legislature receives a report classifying a rule as major
6.2pursuant to section 14A.02, subdivision 1, clause (3), the majority leader of that house or
6.3respective designee shall introduce a joint resolution described in paragraph (a) within
6.4three legislative days.
6.5(c) A joint resolution described in paragraph (a) shall not be subject to amendment at
6.6any stage of proceeding.
6.7 Subd. 2. Legislative procedure for consideration. (a) A joint resolution described
6.8in subdivision 1 shall be referred in each house of the legislature to the committees having
6.9jurisdiction over the provision of law under which the rule is issued.
6.10(b) In the house and senate, respectively, if the committee or committees to which a
6.11joint resolution described in subdivision 1 has been referred have not reported it back to
6.12the main body at the end of six legislative days after its introduction, such committee or
6.13committees shall be automatically discharged from further consideration of the resolution,
6.14and it shall be reported back to the main body, where it shall receive its second reading
6.15on the next legislative day, the seventh legislative day following its introduction. If the
6.16committee or committees to which such a joint resolution has been referred report it back to
6.17the main body before the end of the sixth legislative day following its introduction, it shall
6.18receive its second reading on the next legislative day no later than the seventh legislative
6.19day following its introduction. Immediately after receiving its second reading, the joint
6.20resolution shall be immediately placed on the appropriate calendar for consideration by
6.21the full house or senate. The joint resolution shall receive its third reading, be taken up for
6.22consideration, and a vote on final passage of the joint resolution shall be taken on or before
6.23the close of the ninth legislative day after the joint resolution receives its second reading.
6.24(c) At any time after a joint resolution as described in subdivision 1 has received its
6.25second reading in either the house of representatives or the senate, and has been placed on
6.26the appropriate calendar for consideration by that body:
6.27(1) in the house of representatives, it shall be in order for the speaker to recognize
6.28a member who favors passage of a joint resolution to call up that joint resolution for
6.29immediate consideration in the house without intervention of any point of order or
6.30procedure or procedural motion; and
6.31(2) in the senate, it shall be in order for any senator who favors passage of a joint
6.32resolution to move the immediate consideration of the same without intervention of any
6.33point of order or procedure or procedural motion.
6.34(d) If, before passing a joint resolution described in subdivision 1, one house of the
6.35legislature receives from the other a joint resolution having the same text, then:
6.36(1) the joint resolution of the other house shall not be referred to a committee; and
7.1(2) the procedure in the receiving house shall be the same as if no joint resolution
7.2had been received from the other house until the vote on passage, when the joint resolution
7.3received from the other house shall supplant the joint resolution of the receiving house.
7.4This paragraph does not apply to the house of representatives if the joint resolution
7.5received from the senate is a revenue measure.
7.6(e) If either house of the legislature has not taken a vote on final passage of the
7.7joint resolution by the last day of the period described in section 14A.02, subdivision 4,
7.8paragraph (b), then such vote shall be taken on that legislative day.
7.9(f) A joint resolution that is passed in identical form in the house and the senate shall
7.10be enrolled and presented to the governor in the manner provided for bills.
7.11 Sec. 4. [14A.04] JUDICIAL REVIEW.
7.12 Subdivision 1. No judicial review. No determination, finding, action, or omission
7.13under this chapter is subject to judicial review.
7.14 Subd. 2. Exceptions. Notwithstanding subdivision 1:
7.15(1) a court may determine whether an agency has completed the necessary procedural
7.16requirements under this chapter for a rule to take effect and have legal force; and
7.17(2) upon a petition by any person as described in this clause within 60 days
7.18after publication in the State Register of a notice that an agency has classified a rule
7.19as a nonmajor rule, the Office of Administrative Hearings may review the agency's
7.20classification of such rule as a nonmajor rule. If the administrative law judge concludes
7.21that the agency's classification of a rule as a nonmajor rule was arbitrary, capricious,
7.22made in bad faith, or not based upon substantial evidence, the administrative law judge
7.23may order relief limited to invalidating all or a severable portion of such rule which was
7.24improperly classified as nonmajor. In the event the administrative law judge orders such
7.25relief, the invalidated rule or invalidated severable portion of the rule shall be deemed, for
7.26purposes of section 14A.02, subdivision 3, paragraph (d), only, to have been classified
7.27as a major rule for which a joint resolution of approval was not timely enacted. Any
7.28person shall have standing to seek relief under this paragraph as hereinafter described.
7.29For purposes of determining a person's standing to seek relief under this clause, the
7.30administrative law judge shall assume that, had the rule at issue been classified as a major
7.31rule, such rule would have failed to be timely approved by a joint resolution under section
7.3214A.03. For purposes of this clause, the term "person" does not include any state or
7.33federal agency or official in their official capacity, state or federal agency within the
7.34legislative or judicial branches of the state or federal government, municipal corporation,
7.35city, township, other unit of local government, or local government agency. The order
8.1of an administrative law judge under this clause shall be considered a final decision in a
8.2contested case for purposes of judicial review pursuant to sections 14.63 to 14.68.
8.3 Subd. 3. Effect of joint resolution. The adoption of a joint resolution of approval
8.4under section 14A.03 shall not be interpreted to serve as a grant or modification of
8.5statutory authority by the legislature for the promulgation of a rule, shall not extinguish or
8.6affect any claim, whether substantive or procedural, against any alleged defect in a rule,
8.7and shall not form part of the record before the court in any judicial proceeding concerning
8.8a rule except for purposes of determining whether or not the rule is in effect.
8.9 Sec. 5. [14A.05] SUNSET, SUNSET REVIEW, AND LEGISLATIVE
8.10REAPPROVAL OF MAJOR RULES.
8.11 Subdivision 1. Expiration of major rules. Except as provided in this section, all
8.12rules classified as major rules pursuant to section 14A.02 and approved according to a
8.13joint resolution of approval pursuant to section 14A.03 shall remain in force and effect
8.14for no longer than two years from the date a joint resolution of approval for each major
8.15rule is enacted. Each such major rule shall expire and become of no force or effect at the
8.16end of the 730th day after the date the joint resolution of approval of such major rule was
8.17enacted unless, before such time, but in no event earlier than 180 days before the major
8.18rule at issue will automatically sunset and expire pursuant to this section, the agency that
8.19promulgated the rule, or to which jurisdiction over the rule has been transferred:
8.20(1) submits a report in the form and manner prescribed by section 14A.02,
8.21subdivision 1, that classifies the rule as a nonmajor rule; or
8.22(2) submits a report in the form and manner prescribed by section 14A.02,
8.23subdivision 1, that classifies the rule as a major rule, and a joint resolution of approval is
8.24subsequently and timely enacted pursuant to section 14A.03.
8.25 Subd. 2. Required analysis. For purposes of this section, the agency issuing the
8.26report to the legislature under section 14A.02, subdivision 1, shall, for the purposes of
8.27classifying the rule as major or nonmajor according to the criteria set forth in section
8.2814A.01, subdivision 3, analyze:
8.29(1) whether the rule did in fact result in the any of the impacts or effects identified in
8.30each such criterion during the time period commencing when the major rule at issue went
8.31into effect to the time of the preparation of the report being submitted; and
8.32(2) whether the rule will likely result in any of the impacts or affects identified in
8.33each such criterion during the period commencing with the date the rule would otherwise
8.34sunset and expire pursuant to subdivision 1 and ending two years after that date.
9.1 Subd. 3. Provisions applicable to prevent rules from expiring. Except as
9.2expressly stated in this section, all of the provisions of this chapter apply to any reports
9.3submitted to the legislature pursuant to this section and to any joint resolutions of approval
9.4that may be introduced or enacted to prevent a major rule from sunsetting and expiring
9.5according to the provisions of this section, as if the rules for which such reports and joint
9.6resolutions of approval are submitted, introduced, enacted, or otherwise acted upon are
9.7original rules being promulgated for the first time.
9.8 Subd. 4. Expiration and sunset. All major rules that do not sunset and expire
9.9because they are reapproved by a joint resolution of approval pursuant subdivision 1
9.10shall likewise expire and sunset according to the provisions of subdivision 1, except as
9.11otherwise provided in this section.
9.12 Sec. 6. [14A.06] SUNSET AND LEGISLATIVE APPROVAL OF EXISTING
9.13RULES.
9.14 Subdivision 1. Rules deemed major rules unless otherwise reported. All rules
9.15in effect on the effective date of this section shall be deemed major rules unless a report
9.16pursuant to section 14A.02, subdivision 1, classifying a rule as a nonmajor rule is
9.17submitted as required by section 14A.02, subdivision 1, by the agency that promulgated
9.18the rule (or which currently has jurisdiction over the rule), and the agency publishes the
9.19notice required by section 14A.02, subdivision 3, in the State Register within 180 days
9.20after the enactment of this act.
9.21 Subd. 2. Rules currently in effect. All rules in effect on the effective date of this
9.22section that are not determined to be nonmajor rules pursuant to subdivision 1 shall be
9.23deemed to be major rules and, for purposes of section 14A.05, shall be deemed to have
9.24been approved by joint resolutions of approval as described in this chapter as of the date
9.25that is 180 days following the enactment of this act.
9.26 Sec. 7. TITLE AND PURPOSE.
9.27 Subdivision 1. Citation. This act may be cited as "The Responsible Rulemaking
9.28and Accountable Representation Act" or the "RRAR Act."
9.29 Subd. 2. Purpose. Over the course of several decades, the reach of the law has been
9.30extended over an increasingly wide range of subjects, to the point that very few aspects of
9.31an individual's life are not now touched in one way or another by the long arm of the state.
9.32As the scope and size of the state has expanded, the separation of powers guaranteed by
9.33the Minnesota Constitution, article III, has necessarily decayed. Over time, the legislature
9.34has delegated more and more of its legislative power to executive branch agencies which
10.1enact rules that have the force of law with little or no input or oversight from the people's
10.2elected representatives. By requiring a vote in the legislature, the RARR Act will result in
10.3narrower, more carefully drafted laws and rules. By clearing away unduly burdensome
10.4regulatory requirements, the RARR Act will unleash the power of free enterprise and
10.5promote private sector job creation. And by reining in excessive delegation of legislative
10.6authority to unelected civil servants, the RARR Act will make the legislature accountable
10.7to the people of Minnesota for the laws imposed on them.
1.3providing for sunset and legislative approval of existing rules;proposing coding
1.4for new law as Minnesota Statutes, chapter 14A.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [14A.01] DEFINITIONS.
1.7 Subdivision 1. Applicability. The definitions in this section apply to this chapter.
1.8 Subd. 2. Agency. "Agency" means an agency as the term is defined in section
1.914.02, except that it does not include agencies directly within the legislative or judicial
1.10branches, the Department of Military Affairs, the Office of Administrative Hearings, or
1.11the Tax Court.
1.12 Subd. 3. Rule. "Rule" means a rule as the term is defined in section 14.02, except
1.13that the term does not include:
1.14(1) a rule pertaining solely to internal agency organization, procedure, or practice that
1.15does not directly or substantially affect the rights or obligations of nonagency parties; or
1.16(2) a rule promulgated or otherwise decreed pursuant to the emergency powers in
1.17sections 12.31 to 12.37.
1.18 Subd. 4. Major rule. "Major rule" means a rule that the agency promulgating the
1.19rule, after consulting with the commissioner of employment and economic development,
1.20finds has resulted in or is likely to result in:
1.21(1) an adverse effect or impact on the private-sector economy of the state of
1.22Minnesota of $2,000,000 or more in a single year;
2.1(2) a significant increase in costs or prices for consumers, individual private-sector
2.2industries, state agencies, local governments, individuals, or private-sector enterprises
2.3within certain geographic regions inside the state of Minnesota; or
2.4(3) significant adverse impacts on the competitiveness of private-sector
2.5Minnesota-based enterprises, or on private-sector employment, investment, productivity,
2.6or innovation within the state of Minnesota.
2.7 Subd. 5. Nonmajor rule. "Nonmajor rule" means a rule that is not a major rule.
2.8 Sec. 2. [14A.02] LEGISLATIVE REVIEW.
2.9 Subdivision 1. Report to legislature before rule takes effect. Before a rule may
2.10take effect and have the force of law, the agency promulgating the rule shall prepare and
2.11submit to the speaker of the house, president of the senate, and the chairs of the respective
2.12house and senate standing committees with jurisdiction, a report containing:
2.13(1) a copy of the rule;
2.14(2) a concise, general statement summarizing the rule;
2.15(3) a classification of the rule as a major or nonmajor rule, including an explanation
2.16of the classification specifically addressing each criteria for a major rule contained within
2.17section 14A.01, subdivision 4, clauses (1), (2) and (3); and
2.18(4) a list of any other related regulatory actions intended to implement the same
2.19statutory provision or regulatory objective as well as the individual and aggregate
2.20economic effects of those actions.
2.21 Subd. 2. Information to be made available. (a) The report pursuant to subdivision
2.221 submitted by the agency promulgating the rule shall be prepared by the agency, which
2.23shall employ reasonable efforts to prepare the report, with the cooperation and assistance
2.24of the commissioner of employment and economic development as needed to classify
2.25the rule pursuant to subdivision 1, clause (3). The classification of the rule required by
2.26subdivision 1, clause (3), shall be made based upon and considering all items identified in
2.27paragraph (b) that are relevant to making the classification.
2.28(b) The agency promulgating the rule must make available to the commissioner of
2.29employment and economic development in connection with the preparation of the report
2.30required by subdivision 1, and make available to both houses of the legislature on the date
2.31of the submission of the report for inspection or review upon the request of any member of
2.32either house of the legislature, the following:
2.33(1) any cost-benefit analysis of the rule, any analysis of private-sector jobs added
2.34or lost, and any analysis of the economic or employment impacts of the rule, actual
2.35or anticipated, and any information, document, analysis, or report relevant to the
3.1determination required to be made under subdivision 1, clause (3), that are within the
3.2possession, custody, or control of the agency, or which the agency knows to exist and is
3.3able to obtain without undue or disproportionate burden or expense;
3.4(2) any statements of need and reasonableness prepared pursuant to section 14.131
3.5or 14.23 regarding the rule or any previously proposed version of the rule;
3.6(3) any relevant written comments received by the agency regarding the rule or any
3.7previously proposed version of the rule;
3.8(4) any transcript of any hearing related to the rule or any previously proposed
3.9version of the rule that was prepared pursuant to a request under section 14.14, subdivision
3.103;
3.11(5) any findings, conclusions, orders, approvals, disapprovals, opinions, or reports
3.12issued by an administrative law judge in any way related to the rule or previously proposed
3.13versions of the rule, including any report prepared by an administrative law judge under
3.14section 14.15;
3.15(6) any relevant advice and comment submitted to the agency pursuant to section
3.1614.15, subdivision 4, or 14.26, subdivision 3;
3.17(7) any opinions or orders issued by any federal or state court in any appeal of
3.18or other civil action challenging, in whole or in part, any administrative law judge's
3.19report under section 14.15 or any findings, conclusions, orders, approvals, disapprovals,
3.20opinions, or reports issued by any administrative law judge regarding the rule or any
3.21previously proposed version of the rule;
3.22(8) any agency determinations regarding the rule under section 14.127, subdivisions
3.231 and 2, and any documents or other information relied upon by the agency in making
3.24such determination;
3.25(9) any approvals or disapprovals issued by an administrative law judge pursuant to
3.26section 14.127, subdivision 2, of any determination made by the agency under that section;
3.27(10) any written statements filed with the agency under section 14.127, subdivision
3.282, that relate to the rule;
3.29(11) any other relevant information or requirements under any other act;
3.30(12) any relevant executive orders; and
3.31(13) any other information, documents, data, or analyses relied upon in order to
3.32make the determination required under subdivision 1, clause (3).
3.33 Subd. 3. Classification of nonmajor rule; notice. On the date that the report
3.34under subdivision 1 is submitted with regard to a rule that the agency promulgating the
3.35rule has classified as a nonmajor rule, the agency promulgating the rule shall publish a
3.36notice identifying the rule as a nonmajor rule and setting forth in full the explanation of
4.1the classification that subdivision 1, clause (3), requires the agency to include in its report
4.2under subdivision 1.
4.3 Subd. 4. Joint resolution of approval required for major rule. (a) A major
4.4rule shall not take effect or have the force of law unless a joint resolution of approval as
4.5described under section 14A.03 is enacted into law.
4.6(b) If a joint resolution of approval is not enacted within 20 legislative days,
4.7beginning on the legislative day on which the report referred to in subdivision 1 is received
4.8by the legislature, then the rule described in that resolution is not approved and does
4.9not take effect and does not have the force of law, and a subsequent joint resolution of
4.10approval relating to the same rule may not be considered under this chapter in the same
4.11biennial session of the legislature by either the house of representatives or the senate. If a
4.12report under subdivision 1 is received by the office of the speaker of the house and the
4.13office of the president of the senate on a day that is not a legislative day, then the 20-day
4.14period begins on the first subsequent legislative day after receipt of the report, except
4.15as provided under subdivision 6.
4.16(c) If a joint resolution of approval is not enacted in the time period specified in
4.17paragraph (b), the agency that has proposed the rule shall forthwith publish a notice in
4.18the State Register stating that the rule has not been approved by the legislature, is not
4.19effective, does not have the force of law, and is not to be considered an adopted rule.
4.20However, if the governor makes a determination and issues an executive order under
4.21subdivision 5, the agency shall delay publication of the State Register notice until the
4.22day following the end of the period of time described in the executive order pursuant
4.23to subdivision 5, paragraph (a).
4.24 Subd. 5. Major rule taking effect under executive order. (a) Notwithstanding
4.25any other provision of this section, but subject to paragraph (c), if the governor makes
4.26a determination under paragraph (b) and submits written notice of this determination
4.27to the speaker of the house, the president of the senate, and the chairs of the standing
4.28committees with jurisdiction, a major rule may take effect and have the force of law
4.29for one 90-calendar-day period, or, in the event that a report relating to a major rule
4.30classified as such under subdivision 1, clause (3), is submitted to the legislature after the
4.31legislature has adjourned a regular annual session and before the legislature has convened
4.32its next regular annual session, for one period of time not to exceed that period of time
4.33commencing with the date of the submission of such report as required by subdivision 1
4.34and ending with the earlier of (1) the 20th legislative day of the next regular annual session
4.35of the legislature or (2) the final legislative day of the next regular annual session of the
5.1legislature. An executive order issued pursuant to paragraph (b) shall state the time period
5.2of its effectiveness, as that time period is described in this paragraph.
5.3(b) Paragraph (a) applies to a determination made by the governor by executive
5.4order that the major rule should take effect because the rule is:
5.5(1) necessary because of an imminent threat to public health, safety, security, or
5.6other emergency; or
5.7(2) necessary for the enforcement of criminal laws.
5.8(c) An exercise by the governor of the authority under this subdivision has no effect
5.9on the procedures under this section or section 14A.03.
5.10 Subd. 6. Approval of rules reported late in legislative sessions. (a) In addition
5.11to the opportunity for review otherwise provided under this chapter, in the case of any
5.12rule for which a report was submitted in accordance with subdivision 1 during the period
5.13beginning on the date occurring 45 calendar days before the date the legislature is
5.14scheduled to adjourn a regular annual session of the legislature through the date on which
5.15the same or succeeding legislature first convenes its next regular annual session, section
5.1614A.03 shall apply to such rule in the succeeding session of the legislature.
5.17(b) In applying section 14A.03 for purposes of such additional review, a rule
5.18described under paragraph (a) shall be treated as if the report on such rule were submitted
5.19to the legislature under subdivision 1 on the fifth legislative day of the session.
5.20(c) Nothing in this subdivision shall be construed to affect the requirement under
5.21subdivision 1 that a report shall be submitted to the legislature before a rule can take
5.22effect and have legal force.
5.23(d) A rule described under paragraph (a) shall take effect as otherwise provided by
5.24law, including other subdivisions of this section and section 14A.03.
5.25 Sec. 3. [14A.03] LEGISLATIVE APPROVAL FOR MAJOR RULES.
5.26 Subdivision 1. Introduction of resolution. (a) For purposes of this subdivision, the
5.27term "joint resolution" means only a joint resolution addressing a report classifying a rule
5.28as major pursuant to section 14A.02, subdivision 1, clause (3), that:
5.29(1) bears no preamble;
5.30(2) bears the following title (with blanks filled as appropriate): "Approving the
5.31rule submitted by ....... relating to ......";
5.32(3) includes after its resolving clause only the following (with blanks filled as
5.33appropriate): "That the legislature approves the rule submitted by ....... relating to .......";
5.34and
5.35(4) is introduced pursuant to paragraph (b).
6.1(b) After a house of the legislature receives a report classifying a rule as major
6.2pursuant to section 14A.02, subdivision 1, clause (3), the majority leader of that house or
6.3respective designee shall introduce a joint resolution described in paragraph (a) within
6.4three legislative days.
6.5(c) A joint resolution described in paragraph (a) shall not be subject to amendment at
6.6any stage of proceeding.
6.7 Subd. 2. Legislative procedure for consideration. (a) A joint resolution described
6.8in subdivision 1 shall be referred in each house of the legislature to the committees having
6.9jurisdiction over the provision of law under which the rule is issued.
6.10(b) In the house and senate, respectively, if the committee or committees to which a
6.11joint resolution described in subdivision 1 has been referred have not reported it back to
6.12the main body at the end of six legislative days after its introduction, such committee or
6.13committees shall be automatically discharged from further consideration of the resolution,
6.14and it shall be reported back to the main body, where it shall receive its second reading
6.15on the next legislative day, the seventh legislative day following its introduction. If the
6.16committee or committees to which such a joint resolution has been referred report it back to
6.17the main body before the end of the sixth legislative day following its introduction, it shall
6.18receive its second reading on the next legislative day no later than the seventh legislative
6.19day following its introduction. Immediately after receiving its second reading, the joint
6.20resolution shall be immediately placed on the appropriate calendar for consideration by
6.21the full house or senate. The joint resolution shall receive its third reading, be taken up for
6.22consideration, and a vote on final passage of the joint resolution shall be taken on or before
6.23the close of the ninth legislative day after the joint resolution receives its second reading.
6.24(c) At any time after a joint resolution as described in subdivision 1 has received its
6.25second reading in either the house of representatives or the senate, and has been placed on
6.26the appropriate calendar for consideration by that body:
6.27(1) in the house of representatives, it shall be in order for the speaker to recognize
6.28a member who favors passage of a joint resolution to call up that joint resolution for
6.29immediate consideration in the house without intervention of any point of order or
6.30procedure or procedural motion; and
6.31(2) in the senate, it shall be in order for any senator who favors passage of a joint
6.32resolution to move the immediate consideration of the same without intervention of any
6.33point of order or procedure or procedural motion.
6.34(d) If, before passing a joint resolution described in subdivision 1, one house of the
6.35legislature receives from the other a joint resolution having the same text, then:
6.36(1) the joint resolution of the other house shall not be referred to a committee; and
7.1(2) the procedure in the receiving house shall be the same as if no joint resolution
7.2had been received from the other house until the vote on passage, when the joint resolution
7.3received from the other house shall supplant the joint resolution of the receiving house.
7.4This paragraph does not apply to the house of representatives if the joint resolution
7.5received from the senate is a revenue measure.
7.6(e) If either house of the legislature has not taken a vote on final passage of the
7.7joint resolution by the last day of the period described in section 14A.02, subdivision 4,
7.8paragraph (b), then such vote shall be taken on that legislative day.
7.9(f) A joint resolution that is passed in identical form in the house and the senate shall
7.10be enrolled and presented to the governor in the manner provided for bills.
7.11 Sec. 4. [14A.04] JUDICIAL REVIEW.
7.12 Subdivision 1. No judicial review. No determination, finding, action, or omission
7.13under this chapter is subject to judicial review.
7.14 Subd. 2. Exceptions. Notwithstanding subdivision 1:
7.15(1) a court may determine whether an agency has completed the necessary procedural
7.16requirements under this chapter for a rule to take effect and have legal force; and
7.17(2) upon a petition by any person as described in this clause within 60 days
7.18after publication in the State Register of a notice that an agency has classified a rule
7.19as a nonmajor rule, the Office of Administrative Hearings may review the agency's
7.20classification of such rule as a nonmajor rule. If the administrative law judge concludes
7.21that the agency's classification of a rule as a nonmajor rule was arbitrary, capricious,
7.22made in bad faith, or not based upon substantial evidence, the administrative law judge
7.23may order relief limited to invalidating all or a severable portion of such rule which was
7.24improperly classified as nonmajor. In the event the administrative law judge orders such
7.25relief, the invalidated rule or invalidated severable portion of the rule shall be deemed, for
7.26purposes of section 14A.02, subdivision 3, paragraph (d), only, to have been classified
7.27as a major rule for which a joint resolution of approval was not timely enacted. Any
7.28person shall have standing to seek relief under this paragraph as hereinafter described.
7.29For purposes of determining a person's standing to seek relief under this clause, the
7.30administrative law judge shall assume that, had the rule at issue been classified as a major
7.31rule, such rule would have failed to be timely approved by a joint resolution under section
7.3214A.03. For purposes of this clause, the term "person" does not include any state or
7.33federal agency or official in their official capacity, state or federal agency within the
7.34legislative or judicial branches of the state or federal government, municipal corporation,
7.35city, township, other unit of local government, or local government agency. The order
8.1of an administrative law judge under this clause shall be considered a final decision in a
8.2contested case for purposes of judicial review pursuant to sections 14.63 to 14.68.
8.3 Subd. 3. Effect of joint resolution. The adoption of a joint resolution of approval
8.4under section 14A.03 shall not be interpreted to serve as a grant or modification of
8.5statutory authority by the legislature for the promulgation of a rule, shall not extinguish or
8.6affect any claim, whether substantive or procedural, against any alleged defect in a rule,
8.7and shall not form part of the record before the court in any judicial proceeding concerning
8.8a rule except for purposes of determining whether or not the rule is in effect.
8.9 Sec. 5. [14A.05] SUNSET, SUNSET REVIEW, AND LEGISLATIVE
8.10REAPPROVAL OF MAJOR RULES.
8.11 Subdivision 1. Expiration of major rules. Except as provided in this section, all
8.12rules classified as major rules pursuant to section 14A.02 and approved according to a
8.13joint resolution of approval pursuant to section 14A.03 shall remain in force and effect
8.14for no longer than two years from the date a joint resolution of approval for each major
8.15rule is enacted. Each such major rule shall expire and become of no force or effect at the
8.16end of the 730th day after the date the joint resolution of approval of such major rule was
8.17enacted unless, before such time, but in no event earlier than 180 days before the major
8.18rule at issue will automatically sunset and expire pursuant to this section, the agency that
8.19promulgated the rule, or to which jurisdiction over the rule has been transferred:
8.20(1) submits a report in the form and manner prescribed by section 14A.02,
8.21subdivision 1, that classifies the rule as a nonmajor rule; or
8.22(2) submits a report in the form and manner prescribed by section 14A.02,
8.23subdivision 1, that classifies the rule as a major rule, and a joint resolution of approval is
8.24subsequently and timely enacted pursuant to section 14A.03.
8.25 Subd. 2. Required analysis. For purposes of this section, the agency issuing the
8.26report to the legislature under section 14A.02, subdivision 1, shall, for the purposes of
8.27classifying the rule as major or nonmajor according to the criteria set forth in section
8.2814A.01, subdivision 3, analyze:
8.29(1) whether the rule did in fact result in the any of the impacts or effects identified in
8.30each such criterion during the time period commencing when the major rule at issue went
8.31into effect to the time of the preparation of the report being submitted; and
8.32(2) whether the rule will likely result in any of the impacts or affects identified in
8.33each such criterion during the period commencing with the date the rule would otherwise
8.34sunset and expire pursuant to subdivision 1 and ending two years after that date.
9.1 Subd. 3. Provisions applicable to prevent rules from expiring. Except as
9.2expressly stated in this section, all of the provisions of this chapter apply to any reports
9.3submitted to the legislature pursuant to this section and to any joint resolutions of approval
9.4that may be introduced or enacted to prevent a major rule from sunsetting and expiring
9.5according to the provisions of this section, as if the rules for which such reports and joint
9.6resolutions of approval are submitted, introduced, enacted, or otherwise acted upon are
9.7original rules being promulgated for the first time.
9.8 Subd. 4. Expiration and sunset. All major rules that do not sunset and expire
9.9because they are reapproved by a joint resolution of approval pursuant subdivision 1
9.10shall likewise expire and sunset according to the provisions of subdivision 1, except as
9.11otherwise provided in this section.
9.12 Sec. 6. [14A.06] SUNSET AND LEGISLATIVE APPROVAL OF EXISTING
9.13RULES.
9.14 Subdivision 1. Rules deemed major rules unless otherwise reported. All rules
9.15in effect on the effective date of this section shall be deemed major rules unless a report
9.16pursuant to section 14A.02, subdivision 1, classifying a rule as a nonmajor rule is
9.17submitted as required by section 14A.02, subdivision 1, by the agency that promulgated
9.18the rule (or which currently has jurisdiction over the rule), and the agency publishes the
9.19notice required by section 14A.02, subdivision 3, in the State Register within 180 days
9.20after the enactment of this act.
9.21 Subd. 2. Rules currently in effect. All rules in effect on the effective date of this
9.22section that are not determined to be nonmajor rules pursuant to subdivision 1 shall be
9.23deemed to be major rules and, for purposes of section 14A.05, shall be deemed to have
9.24been approved by joint resolutions of approval as described in this chapter as of the date
9.25that is 180 days following the enactment of this act.
9.26 Sec. 7. TITLE AND PURPOSE.
9.27 Subdivision 1. Citation. This act may be cited as "The Responsible Rulemaking
9.28and Accountable Representation Act" or the "RRAR Act."
9.29 Subd. 2. Purpose. Over the course of several decades, the reach of the law has been
9.30extended over an increasingly wide range of subjects, to the point that very few aspects of
9.31an individual's life are not now touched in one way or another by the long arm of the state.
9.32As the scope and size of the state has expanded, the separation of powers guaranteed by
9.33the Minnesota Constitution, article III, has necessarily decayed. Over time, the legislature
9.34has delegated more and more of its legislative power to executive branch agencies which
10.1enact rules that have the force of law with little or no input or oversight from the people's
10.2elected representatives. By requiring a vote in the legislature, the RARR Act will result in
10.3narrower, more carefully drafted laws and rules. By clearing away unduly burdensome
10.4regulatory requirements, the RARR Act will unleash the power of free enterprise and
10.5promote private sector job creation. And by reining in excessive delegation of legislative
10.6authority to unelected civil servants, the RARR Act will make the legislature accountable
10.7to the people of Minnesota for the laws imposed on them.
