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SF3316 (Legislative Session 94 (2025-2026))

Administrative Procedure Act requirements addition to emphasize statutory authorization for rules and governor's statutory authority to authorize rules in an emergency rescindment provision

Related bill: HF3113

AI Generated Summary

Purpose of the Bill

The bill proposes amendments to the Minnesota Administrative Procedure Act with the goal of increasing transparency and accountability in the rule-making process within state government.

Main Provisions

  • Statutory Authorization: It emphasizes that any agency rules must have clear statutory authorization. This means that agencies need explicit legislative approval to implement rules, ensuring they are not overstepping their given powers.
  • Emergency Powers: The bill removes the ability of governors to authorize rules during emergencies without the standard legislative procedures, thereby limiting executive power during crises.
  • Court Deference: Courts will no longer defer to agency interpretations of rules, which often gives agencies the benefit of the doubt in legal challenges. This change would require courts to interpret the law independently of the agency's interpretation.

Significant Changes to Existing Law

  • Redefinition of "Rule": The definition of what constitutes a 'rule' under the Administrative Procedure Act is updated. An agency's informal guidance document will not be considered a rule unless it follows the formal adoption procedures.
  • Amendments to Multiple Statutes: The bill signifies changes across several sections of the Minnesota Statutes, including redefinitions and procedural updates aimed at ensuring that rules are clearly authorized and vetted.

Relevant Terms

  • Statutory authorization
  • Emergency powers
  • Administrative Procedure Act
  • Rule interpretation
  • Court deference

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
April 06, 2025SenateFloorActionIntroduction and first reading
April 06, 2025SenateFloorActionReferred toState and Local Government

Citations

 
[
  {
    "analysis": {
      "added": [
        "Emphasizes increased statutory control over rulemaking during emergencies."
      ],
      "removed": [
        "Rescinds some of the governor's authority to authorize rules in an emergency."
      ],
      "summary": "This bill amends section 12.21, subdivision 3, which relates to the emergency powers granted to the governor.",
      "modified": [
        ""
      ]
    },
    "citation": "12.21",
    "subdivision": "subdivision 3"
  },
  {
    "analysis": {
      "added": [
        "Clarification that a requirement in an agency guidance document is not considered a rule unless formally adopted."
      ],
      "removed": [
        ""
      ],
      "summary": "Amendment to section 14.02, subdivision 4, regarding definitions in the Administrative Procedure Act.",
      "modified": [
        ""
      ]
    },
    "citation": "14.02",
    "subdivision": "subdivision 4"
  },
  {
    "analysis": {
      "added": [
        "Additional requirements for statutory authorization of agency rules."
      ],
      "removed": [
        ""
      ],
      "summary": "This bill amends section 14.05, subdivision 1, pertaining to the needed statutory authorization for rulemaking.",
      "modified": [
        ""
      ]
    },
    "citation": "14.05",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [
        "Requires more detailed analysis on the fiscal impact of proposed rules."
      ],
      "removed": [
        ""
      ],
      "summary": "Changes to section 14.131 involving rule analysis requirements.",
      "modified": [
        ""
      ]
    },
    "citation": "14.131",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "New procedures for legislative oversight of agency rules."
      ],
      "removed": [
        ""
      ],
      "summary": "Amendments to section 14.365 on rule review procedures.",
      "modified": [
        ""
      ]
    },
    "citation": "14.365",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "Provisions to prevent rules from automatically expiring under certain conditions."
      ],
      "removed": [
        ""
      ],
      "summary": "Amendments made to section 14.366 which addresses rule expiration.",
      "modified": [
        ""
      ]
    },
    "citation": "14.366",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "Introduces a requirement for public hearings before significant rule changes."
      ],
      "removed": [
        ""
      ],
      "summary": "Addition of a new subdivision in section 14.37, relating to rule hearings.",
      "modified": [
        ""
      ]
    },
    "citation": "14.37",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "Limits judicial deference to agency rule interpretations."
      ],
      "removed": [
        ""
      ],
      "summary": "Modifies section 14.44 concerning judicial review of agency rules.",
      "modified": [
        ""
      ]
    },
    "citation": "14.44",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "New criteria for determining validity of agency actions."
      ],
      "removed": [
        ""
      ],
      "summary": "Amendments to section 14.69 related to the standards for judicial review.",
      "modified": [
        ""
      ]
    },
    "citation": "14.69",
    "subdivision": ""
  }
]

Sponsors