Minnesota SF 3495: Legislative approval and the governor's signature for rules to become effective requirement provision

Bill Text

1.1 A bill for an act​
1.2 relating to administrative procedure; requiring legislative approval and the​
1.3 governor's signature for rules to become effective; amending Minnesota Statutes​
1.4 2024, sections 14.18, subdivision 1; 14.38, subdivision 1; proposing coding for​
1.5 new law in Minnesota Statutes, chapter 14.​
1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.7 Section 1. [14.1265] LEGISLATIVE AUTHORITY OVER RULE ADOPTION.​
1.8 Subdivision 1.Rule effective after ratification.A proposed rule is not effective until​
1.9 the rule is ratified.​
1.10 Subd. 2.Vote.Ratification occurs upon the signature of the governor on a law passed​
1.11 by the legislature approving the rule within one year of the publication of the notice of​
1.12 adoption of the rule in the State Register under section 14.18; 14.27; 14.389, subdivision​
1.13 3; or 14.3895, subdivision 3.​
1.14 Subd. 3.Exception for emergency rules.This section does not apply to rules adopted​
1.15 by executive order under section 12.22.​
1.16 Subd. 4.Notice.A notice of ratification must be published in the State Register within​
1.17 five days of ratification.​
1.18 Sec. 2. Minnesota Statutes 2024, section 14.18, subdivision 1, is amended to read:​
1.19 Subdivision 1.Generally.A rule is effective after it has been subjected to all requirements​
1.20 described in sections 14.131 to 14.20 and five working days after the notice of adoption​
1.21 ratification is published in the State Register unless a later date is required by section 14.126​
1.22 or other law or specified in the rule. If the rule adopted is the same as the proposed rule,​
1​Sec. 2.​
25-05579 as introduced​05/01/25 REVISOR VH/EN​
SENATE​
STATE OF MINNESOTA​
S.F. No. 3495​NINETY-FOURTH SESSION​
(SENATE AUTHORS: DRAHEIM, Koran, Lieske and Lucero)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​4521​05/07/2025​
Referred to State and Local Government​

2.1 publication may be made by publishing notice in the State Register that the rule has been​
2.2 adopted as proposed and by citing the prior publication. If the rule adopted differs from the​
2.3 proposed rule, the portions of the adopted rule that differ from the proposed rule must be​
2.4 included in the notice of adoption together with a citation to the prior State Register​
2.5 publication of the remainder of the proposed rule. The nature of the modifications must be​
2.6 clear to a reasonable person when the notice of adoption is considered together with the​
2.7 State Register publication of the proposed rule, except that modifications may also be made​
2.8 that comply with the form requirements of section 14.07, subdivision 7.​
2.9 If the agency omitted from the notice of proposed rule adoption the text of the proposed​
2.10 rule, as permitted by section 14.14, subdivision 1a, paragraph (b), the chief administrative​
2.11 law judge may provide that the notice of the adopted rule need not include the text of any​
2.12 changes from the proposed rule. However, the notice of adoption must state in detail the​
2.13 substance of the changes made from the proposed rule, and must state that a free copy of​
2.14 the portion of the adopted rule that was the subject of the rulemaking proceeding, not​
2.15 including any material adopted by reference as permitted by section 14.07, is available upon​
2.16 request to the agency.​
2.17 Sec. 3. Minnesota Statutes 2024, section 14.38, subdivision 1, is amended to read:​
2.18 Subdivision 1.Original rules.Every rule, regardless of whether it might be known as​
2.19 a substantive, procedural, or interpretive rule, which is filed in the Office of the Secretary​
2.20 of State as provided in sections 14.05 to 14.28 shall have the force and effect of law five​
2.21 working days after its notice of adoption ratification is published in the State Register unless​
2.22 a different date is required by statute or a later date is specified in the rule. The secretary​
2.23 of state shall keep a permanent record of rules filed with that office open to public inspection.​
2​Sec. 3.​
25-05579 as introduced​05/01/25 REVISOR VH/EN​