Bill Text: MN SF575 | 2011-2012 | 87th Legislature | Introduced
Bill Title: State agency rulemaking adoption legislative approval requirement
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2012-03-13 - Comm report: To pass and re-referred to Finance [SF575 Detail]
Download: Minnesota-2011-SF575-Introduced.html
1.2relating to state government; requiring legislative approval for adoption of
1.3rules;amending Minnesota Statutes 2010, sections 14.18, subdivision 1; 14.27;
1.414.389, subdivision 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 14.18, subdivision 1, is amended to read:
1.7 Subdivision 1. Generally. Unless a later date is required by section 14.126 or other
1.8law or is specified in the rule, a rule is effective after:
1.9(1) it has been subjected to all requirements described in sections14.131 to
14.20
1.10and five working days after;
1.11(2) the notice of adoption is published in the State Registerunless a later date is
1.12required by section
14.126 or other law or specified in the rule; and
1.13(3) it has been approved by a law enacted after publication of the notice of adoption.
1.14If the rule adopted is the same as the proposed rule, publication may be made by
1.15publishing notice in the State Register that the rule has been adopted as proposed and by
1.16citing the prior publication. If the rule adopted differs from the proposed rule, the portions
1.17of the adopted rule that differ from the proposed rule must be included in the notice of
1.18adoption together with a citation to the prior State Register publication of the remainder of
1.19the proposed rule. The nature of the modifications must be clear to a reasonable person
1.20when the notice of adoption is considered together with the State Register publication of
1.21the proposed rule, except that modifications may also be made that comply with the form
1.22requirements of section14.07, subdivision 7 .
1.23If the agency omitted from the notice of proposed rule adoption the text of the
1.24proposed rule, as permitted by section14.14, subdivision 1a , paragraph (b), the chief
2.1administrative law judge may provide that the notice of the adopted rule need not include
2.2the text of any changes from the proposed rule. However, the notice of adoption must
2.3state in detail the substance of the changes made from the proposed rule, and must state
2.4that a free copy of the portion of the adopted rule that was the subject of the rulemaking
2.5proceeding, not including any material adopted by reference as permitted by section
2.614.07
, is available upon request to the agency.
2.7 Sec. 2. Minnesota Statutes 2010, section 14.27, is amended to read:
2.814.27 PUBLICATION OF ADOPTED RULE; EFFECTIVE DATE.
2.9The rule is effectiveupon after publication of the notice of adoption in the State
2.10Register and after legislative approval in the same manner as provided for adopted rules in
2.11section14.18 .
2.12 Sec. 3. Minnesota Statutes 2010, section 14.389, subdivision 3, is amended to read:
2.13 Subd. 3. Adoption. The agency may modify a proposed rule if the modifications
2.14do not result in a substantially different rule, as defined in section14.05, subdivision 2 ,
2.15paragraphs (b) and (c). If the final rule is identical to the rule originally published in the
2.16State Register, the agency must publish a notice of adoption in the State Register. If the
2.17final rule is different from the rule originally published in the State Register, the agency
2.18must publish a copy of the changes in the State Register. The agency must also file a copy
2.19of the rule with the governor. The rule is effectiveupon publication in the State Register if
2.20it has been approved by a law enacted after publication of the notice of adoption.
2.21 Sec. 4. EFFECTIVE DATE; APPLICATION.
2.22This act is effective the day following final enactment and applies to rules for which
2.23a notice of adoption is published on or after that date.
1.3rules;amending Minnesota Statutes 2010, sections 14.18, subdivision 1; 14.27;
1.414.389, subdivision 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 14.18, subdivision 1, is amended to read:
1.7 Subdivision 1. Generally. Unless a later date is required by section 14.126 or other
1.8law or is specified in the rule, a rule is effective after:
1.9(1) it has been subjected to all requirements described in sections
1.10
1.11(2) the notice of adoption is published in the State Register
1.12
1.13(3) it has been approved by a law enacted after publication of the notice of adoption.
1.14If the rule adopted is the same as the proposed rule, publication may be made by
1.15publishing notice in the State Register that the rule has been adopted as proposed and by
1.16citing the prior publication. If the rule adopted differs from the proposed rule, the portions
1.17of the adopted rule that differ from the proposed rule must be included in the notice of
1.18adoption together with a citation to the prior State Register publication of the remainder of
1.19the proposed rule. The nature of the modifications must be clear to a reasonable person
1.20when the notice of adoption is considered together with the State Register publication of
1.21the proposed rule, except that modifications may also be made that comply with the form
1.22requirements of section
1.23If the agency omitted from the notice of proposed rule adoption the text of the
1.24proposed rule, as permitted by section
2.1administrative law judge may provide that the notice of the adopted rule need not include
2.2the text of any changes from the proposed rule. However, the notice of adoption must
2.3state in detail the substance of the changes made from the proposed rule, and must state
2.4that a free copy of the portion of the adopted rule that was the subject of the rulemaking
2.5proceeding, not including any material adopted by reference as permitted by section
2.7 Sec. 2. Minnesota Statutes 2010, section 14.27, is amended to read:
2.814.27 PUBLICATION OF ADOPTED RULE; EFFECTIVE DATE.
2.9The rule is effective
2.10Register and after legislative approval in the same manner as provided for adopted rules in
2.11section
2.12 Sec. 3. Minnesota Statutes 2010, section 14.389, subdivision 3, is amended to read:
2.13 Subd. 3. Adoption. The agency may modify a proposed rule if the modifications
2.14do not result in a substantially different rule, as defined in section
2.15paragraphs (b) and (c). If the final rule is identical to the rule originally published in the
2.16State Register, the agency must publish a notice of adoption in the State Register. If the
2.17final rule is different from the rule originally published in the State Register, the agency
2.18must publish a copy of the changes in the State Register. The agency must also file a copy
2.19of the rule with the governor. The rule is effective
2.20it has been approved by a law enacted after publication of the notice of adoption.
2.21 Sec. 4. EFFECTIVE DATE; APPLICATION.
2.22This act is effective the day following final enactment and applies to rules for which
2.23a notice of adoption is published on or after that date.
