SF2063

Purpose

This bill tightens how state agencies can create, change, pause, or end rules. It requires that any rulemaking be authorized by a specific law and follow the standard rulemaking procedures.

Key Provisions

• Rulemaking must be authorized by a law: Agencies may adopt, amend, suspend, or repeal rules only when there is explicit authority granted in law, and must follow the procedures in sections 14.001 to 14.69.
• Automatic repeal when authority ends: If the law that authorizes a rule is repealed, the rule automatically repeals on the effective date of that repeal, unless another law still authorizes the rule.
• No broad “specific authority” by default: Outside certain exceptions, sections 14.001 to 14.69 do not by themselves grant agencies the authority to adopt, amend, suspend, or repeal rules.
• Exceptions: Some sections (14.06, 14.388, and 14.3895) may provide authority in specific cases, but the default rule is that there must be explicit statutory authorization.

Practical Impact

• Increased legislative oversight over rulemaking, with rules tying to ongoing or renewed legal authorization.
• Agencies may need to ensure every rule has a current legal basis; rules could lapse if their authorizing law is repealed.
• The standard procedural framework for rulemaking (14.001–14.69) remains the baseline for any authorized rule actions.

How it interacts with existing law

• Applies to Minnesota Statutes 2024, section 14.05, subdivision 1, by redefining what counts as “specific authority” for rulemaking processes.

Relevant Terms - rulemaking - agency - adopt rules - amend rules - suspend rules - repeal rules - specific authority - law - authorization - automatic repeal - Minnesota Statutes - sections 14.001 to 14.69 - section 14.06 - section 14.388 - section 14.3895