SF3316
Administrative Procedure Act requirements addition to emphasize statutory authorization for rules and governor's statutory authority to authorize rules in an emergency rescindment provision
Legislative Session 94 (2025-2026)
Related bill: HF3113
AI Generated Summary
Purpose of the Bill
The bill aims to update the Administrative Procedure Act by introducing new requirements that emphasize the need for clear statutory authorization when creating state government rules. It also limits the governor's power during emergencies concerning rule authorization and restricts how courts interpret agency rules.
Main Provisions
- Statutory Authorization for Rules: Agencies must have explicit statutory authority when adopting new rules. This change is intended to ensure that any new rule is firmly based on existing law.
- Emergency Powers: The bill removes the governor's ability to authorize new rules during emergencies, suggesting that such powers should have stricter checks.
- Court Interpretation: Courts will not defer to an agency's interpretation of its rules. This means that courts will independently assess what the rules mean instead of primarily relying on the agency's explanation.
Significant Changes to Existing Law
- The bill amends several sections of the Minnesota Statutes related to administrative procedures and emergency powers.
- It clarifies that agency guidance documents are not considered rules unless they go through the formal rule adoption process, providing more transparency and accountability.
Relevant Terms
- Administrative Procedure Act
- Statutory Authorization
- Emergency Powers
- Agency Rule Interpretation
- Court Deference
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| April 07, 2025 | Senate | Action | Introduction and first reading | ||
| April 07, 2025 | Senate | Action | Referred to | State and Local Government | |
| Showing the 5 most recent stages. This bill has 2 stages in total. Log in to view all stages | |||||
Citations
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Progress through the legislative process
In Committee
Sponsors
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