1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to administrative procedure; requiring legislative approval and the |
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3 | 3 | | 1.3 governor's signature for rules to become effective; amending Minnesota Statutes |
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4 | 4 | | 1.4 2024, sections 14.18, subdivision 1; 14.38, subdivision 1; proposing coding for |
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5 | 5 | | 1.5 new law in Minnesota Statutes, chapter 14. |
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6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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7 | 7 | | 1.7 Section 1. [14.1265] LEGISLATIVE AUTHORITY OVER RULE ADOPTION. |
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8 | 8 | | 1.8 Subdivision 1.Rule effective after ratification.A proposed rule is not effective until |
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9 | 9 | | 1.9the rule is ratified. |
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10 | 10 | | 1.10 Subd. 2.Vote.Ratification occurs upon the signature of the governor on a law passed |
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11 | 11 | | 1.11by the legislature approving the rule within one year of the publication of the notice of |
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12 | 12 | | 1.12adoption of the rule in the State Register under section 14.18; 14.27; 14.389, subdivision |
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13 | 13 | | 1.133; or 14.3895, subdivision 3. |
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14 | 14 | | 1.14 Subd. 3.Exception for emergency rules.This section does not apply to rules adopted |
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15 | 15 | | 1.15by executive order under section 12.22. |
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16 | 16 | | 1.16 Subd. 4.Notice.A notice of ratification must be published in the State Register within |
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17 | 17 | | 1.17five days of ratification. |
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18 | 18 | | 1.18 Sec. 2. Minnesota Statutes 2024, section 14.18, subdivision 1, is amended to read: |
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19 | 19 | | 1.19 Subdivision 1.Generally.A rule is effective after it has been subjected to all requirements |
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20 | 20 | | 1.20described in sections 14.131 to 14.20 and five working days after the notice of adoption |
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21 | 21 | | 1.21ratification is published in the State Register unless a later date is required by section 14.126 |
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22 | 22 | | 1.22or other law or specified in the rule. If the rule adopted is the same as the proposed rule, |
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23 | 23 | | 1Sec. 2. |
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24 | 24 | | 25-05579 as introduced05/01/25 REVISOR VH/EN |
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25 | 25 | | SENATE |
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26 | 26 | | STATE OF MINNESOTA |
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27 | 27 | | S.F. No. 3495NINETY-FOURTH SESSION |
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28 | 28 | | (SENATE AUTHORS: DRAHEIM, Koran, Lieske and Lucero) |
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29 | 29 | | OFFICIAL STATUSD-PGDATE |
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30 | 30 | | Introduction and first reading05/07/2025 |
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31 | 31 | | Referred to State and Local Government 2.1publication may be made by publishing notice in the State Register that the rule has been |
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32 | 32 | | 2.2adopted as proposed and by citing the prior publication. If the rule adopted differs from the |
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33 | 33 | | 2.3proposed rule, the portions of the adopted rule that differ from the proposed rule must be |
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34 | 34 | | 2.4included in the notice of adoption together with a citation to the prior State Register |
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35 | 35 | | 2.5publication of the remainder of the proposed rule. The nature of the modifications must be |
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36 | 36 | | 2.6clear to a reasonable person when the notice of adoption is considered together with the |
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37 | 37 | | 2.7State Register publication of the proposed rule, except that modifications may also be made |
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38 | 38 | | 2.8that comply with the form requirements of section 14.07, subdivision 7. |
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39 | 39 | | 2.9 If the agency omitted from the notice of proposed rule adoption the text of the proposed |
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40 | 40 | | 2.10rule, as permitted by section 14.14, subdivision 1a, paragraph (b), the chief administrative |
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41 | 41 | | 2.11law judge may provide that the notice of the adopted rule need not include the text of any |
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42 | 42 | | 2.12changes from the proposed rule. However, the notice of adoption must state in detail the |
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43 | 43 | | 2.13substance of the changes made from the proposed rule, and must state that a free copy of |
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44 | 44 | | 2.14the portion of the adopted rule that was the subject of the rulemaking proceeding, not |
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45 | 45 | | 2.15including any material adopted by reference as permitted by section 14.07, is available upon |
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46 | 46 | | 2.16request to the agency. |
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47 | 47 | | 2.17 Sec. 3. Minnesota Statutes 2024, section 14.38, subdivision 1, is amended to read: |
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48 | 48 | | 2.18 Subdivision 1.Original rules.Every rule, regardless of whether it might be known as |
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49 | 49 | | 2.19a substantive, procedural, or interpretive rule, which is filed in the Office of the Secretary |
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50 | 50 | | 2.20of State as provided in sections 14.05 to 14.28 shall have the force and effect of law five |
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51 | 51 | | 2.21working days after its notice of adoption ratification is published in the State Register unless |
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52 | 52 | | 2.22a different date is required by statute or a later date is specified in the rule. The secretary |
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53 | 53 | | 2.23of state shall keep a permanent record of rules filed with that office open to public inspection. |
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54 | 54 | | 2Sec. 3. |
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55 | 55 | | 25-05579 as introduced05/01/25 REVISOR VH/EN |
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