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Minnesota Legislature

Office of the Revisor of Statutes

SF 603

as introduced - 91st Legislature (2019 - 2020) Posted on 01/28/2019 04:23pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to administrative rulemaking; requiring a specific grant of authority in
law for adoption of rules; reducing the threshold for conducting a public hearing
on expedited rules; amending Minnesota Statutes 2018, sections 14.05, subdivision
1; 14.389, subdivision 5.

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

Section 1.

Minnesota Statutes 2018, section 14.05, subdivision 1, is amended to read:


Subdivision 1.

Authority to adopt original rules restricted.

Each agency shall adopt,
amend, suspend, or repeal its rules in accordance with the procedures specified in sections
14.001 to 14.69, and only pursuant to new text beginspecific new text endauthority delegated by law and in full
compliance with its duties and obligations. If a law authorizing rules is repealed, the rules
adopted pursuant to that law are automatically repealed on the effective date of the law's
repeal unless there is another law authorizing the rules. Except as provided in deleted text beginsection 14.06deleted text endnew text begin
sections 14.388 and 14.3895
new text end, sections 14.001 to 14.69 shall not benew text begin specificnew text end authority for an
agency to adopt, amend, suspend, or repeal rules.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019, and applies to rules adopted
on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 14.389, subdivision 5, is amended to read:


Subd. 5.

Option.

A law authorizing or requiring rules to be adopted under this section
may refer specifically to this subdivision. If the law contains a specific reference to this
subdivision, as opposed to a general reference to this section:

(1) the notice required in subdivision 2 must include a statement that a public hearing
will be held if deleted text begin100deleted text endnew text begin 25new text end or more people request a hearing. The request must be in the manner
specified in section 14.25; and

(2) if deleted text begin100deleted text endnew text begin 25new text end or more people submit a written request for a public hearing, the agency
may adopt the rule only after complying with all of the requirements of chapter 14 for rules
adopted after a public hearing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019, and applies to rules proposed
on or after that date.
new text end

Sec. 3. new text beginOBSOLETE RULES REPORT MUST DESCRIBE CURRENT GRANTS
OF RULEMAKING AUTHORITY.
new text end

new text begin (a) As part of its obsolete rules report due December 1, 2019, each agency must list all
current grants of rulemaking authority provided to the agency by law. The list must include
a citation to the applicable law, a citation to any current rules adopted under the authority
provided by that law, and describe, in the agency's view, whether the grant of authority
complies with the provisions of Minnesota Statutes, section 14.05, subdivision 1, that permit
adoption of rules only under a specific grant of rulemaking authority. A grant of rulemaking
authority is presumed invalid for purposes of adopting future rules if the authority is not
cited in the report required by this section.
new text end

new text begin (b) The requirements of this section are in addition to the ongoing requirements for the
obsolete rules report provided by Minnesota Statutes, section 14.05, subdivision 5.
new text end