Committee questions bill to require legislative approval for expensive DOC jail rules; item laid over

Representative Duran introduced House File 2936 to require the DOC to seek legislative approval before rules that impose more than $25,000 in first‑year compliance costs on a local jail take effect. Lon Tilly, Steele County sheriff and president of the Minnesota Sheriffs Association, called the bill a measured solution to “new unfunded mandates” and said counties should be able to opt out temporarily until the Legislature can weigh in if costs exceed the threshold.

Commissioner Paul Schnell told the committee the proposal would “fundamentally alter” the delegated rulemaking structure the Legislature created in 2021, and he urged caution. Schnell noted the 2021 policy choice to use rulemaking (not statute) to craft operational standards and cited historical context including jail‑ and prison‑safety work that followed the legislature’s policy direction.

Amy Lauracella, the Department of Corrections’ policy and rulemaking director, described the Administrative Procedure Act requirements (SONAR cost analyses, stakeholder consultation, independent administrative law judge review) and said Minnesota already requires rigorous cost analysis and public notice. She warned that inserting an agency‑specific approval layer risks inconsistency with chapter 14 and could create uncertainty about when a rule becomes effective.

Members discussed whether the bill would apply only to DOC; nonpartisan staff said the draft targets DOC. Members also questioned timelines (nonpartisan staff said department rulemaking typically takes 2–4 years) and pressed the policy tradeoffs between protecting counties from unfunded costs and preserving an expert rulemaking process. Representative Duran closed in support of the concept but the committee laid HF2936 over for further consideration.

Next steps: HF2936 was laid over; proponents and DOC officials signaled a willingness to continue negotiations on thresholds and cost protections.