1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to state government; requiring legislative approval for adoption of rules; |
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3 | 3 | | 1.3 amending Minnesota Statutes 2024, sections 14.18, subdivision 1; 14.27; 14.389, |
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4 | 4 | | 1.4 subdivision 3. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 14.18, subdivision 1, is amended to read: |
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7 | 7 | | 1.7 Subdivision 1.Generally.Unless a later date is required by section 14.126 or other law, |
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8 | 8 | | 1.8or is specified in the rule, a rule is effective after it: |
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9 | 9 | | 1.9 (1) the rule has been subjected to all requirements described in sections 14.131 to 14.20 |
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10 | 10 | | 1.10and five working days after; |
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11 | 11 | | 1.11 (2) the notice of adoption is published in the State Register unless a later date is required |
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12 | 12 | | 1.12by section 14.126 or other law or specified in the rule.; and |
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13 | 13 | | 1.13 (3) the rule has been approved by a law enacted after the notice of adoption is published. |
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14 | 14 | | 1.14 If the rule adopted is the same as the proposed rule, publication may be made by |
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15 | 15 | | 1.15publishing notice in the State Register that the rule has been adopted as proposed and by |
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16 | 16 | | 1.16citing the prior publication. If the rule adopted differs from the proposed rule, the portions |
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17 | 17 | | 1.17of the adopted rule that differ from the proposed rule must be included in the notice of |
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18 | 18 | | 1.18adoption together with a citation to the prior State Register publication of the remainder of |
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19 | 19 | | 1.19the proposed rule. The nature of the modifications must be clear to a reasonable person |
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20 | 20 | | 1.20when the notice of adoption is considered together with the State Register publication of |
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21 | 21 | | 1.21the proposed rule, except that modifications may also be made that comply with the form |
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22 | 22 | | 1.22requirements of section 14.07, subdivision 7. |
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23 | 23 | | 1Section 1. |
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24 | 24 | | 25-01106 as introduced01/14/25 REVISOR RSI/EH |
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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. 610NINETY-FOURTH SESSION |
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28 | 28 | | (SENATE AUTHORS: UTKE and Green) |
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29 | 29 | | OFFICIAL STATUSD-PGDATE |
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30 | 30 | | Introduction and first reading01/27/2025 |
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31 | 31 | | Referred to State and Local Government 2.1 If the agency omitted from the notice of proposed rule adoption the text of the proposed |
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32 | 32 | | 2.2rule, as permitted by section 14.14, subdivision 1a, paragraph (b), the chief administrative |
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33 | 33 | | 2.3law judge may provide that the notice of the adopted rule need not include the text of any |
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34 | 34 | | 2.4changes from the proposed rule. However, the notice of adoption must state in detail the |
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35 | 35 | | 2.5substance of the changes made from the proposed rule, and must state that a free copy of |
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36 | 36 | | 2.6the portion of the adopted rule that was the subject of the rulemaking proceeding, not |
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37 | 37 | | 2.7including any material adopted by reference as permitted by section 14.07, is available upon |
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38 | 38 | | 2.8request to the agency. |
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39 | 39 | | 2.9 Sec. 2. Minnesota Statutes 2024, section 14.27, is amended to read: |
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40 | 40 | | 2.10 14.27 PUBLICATION OF ADOPTED RULE; EFFECTIVE DATE. |
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41 | 41 | | 2.11 The rule is effective upon publication of after the notice of adoption is published in the |
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42 | 42 | | 2.12State Register and after approval by law in the same manner as provided for adopted rules |
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43 | 43 | | 2.13in section 14.18. |
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44 | 44 | | 2.14 Sec. 3. Minnesota Statutes 2024, section 14.389, subdivision 3, is amended to read: |
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45 | 45 | | 2.15 Subd. 3.Adoption.The agency may modify a proposed rule if the modifications do not |
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46 | 46 | | 2.16result in a substantially different rule, as defined in section 14.05, subdivision 2, paragraphs |
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47 | 47 | | 2.17(b) and (c). If the final rule is identical to the rule originally published in the State Register, |
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48 | 48 | | 2.18the agency must publish a notice of adoption in the State Register. If the final rule is different |
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49 | 49 | | 2.19from the rule originally published in the State Register, the agency must publish a copy of |
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50 | 50 | | 2.20the changes in the State Register. The agency must also file a copy of the rule with the |
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51 | 51 | | 2.21governor. The rule is effective upon publication in the State Register if the rule has been |
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52 | 52 | | 2.22approved by a law enacted after the notice of adoption is published. |
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53 | 53 | | 2.23 Sec. 4. EFFECTIVE DATE; APPLICATION. |
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54 | 54 | | 2.24 This act is effective the day following final enactment and applies to rules for which a |
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55 | 55 | | 2.25notice of adoption is published on or after that date. |
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56 | 56 | | 2Sec. 4. |
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57 | 57 | | 25-01106 as introduced01/14/25 REVISOR RSI/EH |
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