Minnesota Senate Bill SF3316

Minnesota 2025-2026 Regular Session

• Introduced: 4/7/25
• Refer: 4/7/25

Caption

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

Impact

If enacted, SF3316 would modify various sections of Minnesota Statutes, which govern the procedures for rule adoption and amendment by state agencies. The bill would necessitate that any agency rule not only follows established procedures but also confirms its statutory authority. This could potentially lead to a more cumbersome rulemaking process, as agencies would need to ensure compliance with the clarified legal frameworks set out by the legislature. The removal of emergency rulemaking authority for the governor is aimed at preventing arbitrary decision-making during crises.

Summary

Senate File 3316 introduces significant changes to Minnesota's Administrative Procedure Act. The bill emphasizes the need for explicit statutory authorization for agency rules, thus seeking to reinforce legislative oversight over executive rulemaking. Specifically, it curtails the governor's power by removing their ability to authorize rules during emergencies, which has been a point of contention in past legislative sessions. The intention is to ensure that rulemaking adheres strictly to statutes passed by the legislature, thereby enhancing accountability and transparency within the administrative process.

Contention

This bill has generated debate among lawmakers, particularly around the issue of executive power versus legislative authority. Supporters argue that revoking the governor's ability to issue emergency rules is a necessary check on power, ensuring that the legislature retains control over significant governance processes. Conversely, some critics have warned that this change could hinder timely policy responses in emergencies, possibly undermining the state's ability to act swiftly in critical situations. The complexities involved in legislative oversight of every rule could also lead to delays in important regulatory reforms.