HF 4184

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/22/2024 02:55pm

A bill for an act
relating to state government; requiring approval of certain standing committees
of the legislature for adoption of rules; amending Minnesota Statutes 2022, sections
14.126; 14.18, subdivision 1; 14.19.

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

Section 1.

Minnesota Statutes 2022, section 14.126, is amended to read:

14.126 COMMITTEE AUTHORITY OVER RULE ADOPTION.

Subdivision 1.

deleted text begin Delay deleted text end new text begin Approval new text end action.

deleted text begin If the standing committee of the house of
representatives and the standing committee of the senate with jurisdiction over the subject
matter of a proposed rule both vote to advise an agency that a proposed rule should not be
adopted as proposed, the agency may not adopt the rule until the legislature adjourns the
annual legislative session that began after the vote of the committees. deleted text end new text begin An agency may not
publish a notice of adoption in the State Register until the standing committee of the house
of representatives and the standing committee of the senate with jurisdiction over the subject
matter of the proposed rule has voted to approve its adoption. new text end The speaker of the house and
the president of the senate shall determine if a standing committee has jurisdiction over a
rule before a committee may act under this section.

Subd. 2.

Vote.

A committee vote under this section must be by a majority of the
committee. The vote may occur any time after the publication of the rulemaking notice
under section 14.14, subdivision 1a, 14.22, 14.389, subdivision 2, or 14.3895, subdivision
3 deleted text begin , and before notice of adoption is published in the State Register under section 14.18, 14.27,
14.389, subdivision 3, or 14.3895, subdivision 3 deleted text end . A committee voting under this section
shall notify the agency, the revisor of statutes, and the chief administrative law judge of the
vote as soon as possible. The committee shall publish notice of the vote in the State Register
as soon as possible.

Sec. 2.

Minnesota Statutes 2022, 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 new text begin 14.126 and new text end 14.131 to 14.20 new text begin , new text end and five working days after the notice of
adoption is published in the State Register unless a later date is required by deleted text begin section 14.126
or deleted text end 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 2022, section 14.19, is amended to read:

14.19 DEADLINE TO COMPLETE RULEMAKING.

Within 180 days after issuance of the administrative law judge's report or that of the
chief administrative law judge, the agency shall submit its notice of adoption, amendment,
or repeal to the State Register for publication. If the agency has not submitted its notice to
the State Register within 180 days, the rule is automatically withdrawn. The agency may
not adopt the withdrawn rules without again following the procedures of sections 14.05 to
14.28, with the exception of section 14.101, if the noncompliance is approved by the chief
administrative law judge. The agency shall report to the Legislative Coordinating
Commission, other appropriate committees of the legislature, and the governor its failure
to adopt rules and the reasons for that failure. The 180-day time limit of this section does
not include:

(1) any days used for review by the chief administrative law judge or the commission
if the review is required by law; new text begin or
new text end

deleted text begin (2) days during which the rule cannot be adopted, because of votes by legislative
committees under section 14.126; or
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end days during which the rule cannot be adopted because approval of the legislature
is required under section 14.127.

Sec. 4. new text begin EFFECTIVE DATE; APPLICATION.
new text end

new text begin This act is effective the day following final enactment and applies to rules for which a
notice of adoption must be published on or after that date.
new text end