SF 3495

Introduction - 94th Legislature (2025 - 2026)

Posted on 10/01/2025 02:22 p.m.

A bill for an act
relating to administrative procedure; requiring legislative approval and the
governor's signature for rules to become effective; amending Minnesota Statutes
2024, sections 14.18, subdivision 1; 14.38, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapter 14.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [14.1265] LEGISLATIVE AUTHORITY OVER RULE ADOPTION.
new text end

new text begin Subdivision 1. new text end

new text begin Rule effective after ratification. new text end

new text begin A proposed rule is not effective until
the rule is ratified.
new text end

new text begin Subd. 2. new text end

new text begin Vote. new text end

new text begin Ratification occurs upon the signature of the governor on a law passed
by the legislature approving the rule within one year of the publication of the notice of
adoption of the rule in the State Register under section 14.18; 14.27; 14.389, subdivision
3; or 14.3895, subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Exception for emergency rules. new text end

new text begin This section does not apply to rules adopted
by executive order under section 12.22.
new text end

new text begin Subd. 4. new text end

new text begin Notice. new text end

new text begin A notice of ratification must be published in the State Register within
five days of ratification.
new text end

Sec. 2.

Minnesota Statutes 2024, section 14.18, subdivision 1, is amended to read:

Subdivision 1.

Generally.

A rule is effective after it has been subjected to all requirements
described in sections 14.131 to 14.20 and five working days after the notice of deleted text begin adoption deleted text end new text begin
ratification new text end is published in the State Register unless a later date is required by section 14.126
or other law or specified in the rule. If the rule adopted is the same as the proposed rule,
publication may be made by publishing notice in the State Register that the rule has been
adopted as proposed and by citing the prior publication. If the rule adopted differs from the
proposed rule, the portions of the adopted rule that differ from the proposed rule must be
included in the notice of adoption together with a citation to the prior State Register
publication of the remainder of the proposed rule. The nature of the modifications must be
clear to a reasonable person when the notice of adoption is considered together with the
State Register publication of the proposed rule, except that modifications may also be made
that comply with the form requirements of section 14.07, subdivision 7.

If the agency omitted from the notice of proposed rule adoption the text of the proposed
rule, as permitted by section 14.14, subdivision 1a, paragraph (b), the chief administrative
law judge may provide that the notice of the adopted rule need not include the text of any
changes from the proposed rule. However, the notice of adoption must state in detail the
substance of the changes made from the proposed rule, and must state that a free copy of
the portion of the adopted rule that was the subject of the rulemaking proceeding, not
including any material adopted by reference as permitted by section 14.07, is available upon
request to the agency.

Sec. 3.

Minnesota Statutes 2024, section 14.38, subdivision 1, is amended to read:

Subdivision 1.

Original rules.

Every rule, regardless of whether it might be known as
a substantive, procedural, or interpretive rule, which is filed in the Office of the Secretary
of State as provided in sections 14.05 to 14.28 shall have the force and effect of law five
working days after its notice of deleted text begin adoption deleted text end new text begin ratification new text end is published in the State Register unless
a different date is required by statute or a later date is specified in the rule. The secretary
of state shall keep a permanent record of rules filed with that office open to public inspection.