Senate Counsel, Research
and Fiscal Analysis
Minnesota Senate Bldg.
95 University Avenue W. Suite 3300
St. Paul, MN 55155
(651) 296-4791
Tom Bottern
Director
   Senate   
State of Minnesota
 
 
 
 
 
S.F. No. 769 - Agency Rules Adoption Legislative Approval Requirement - As Amended by the Author's Amendment
 
Author: Senator Scott J. Newman
 
Prepared By: Stephanie James, Senate Counsel (651/296-0103)
 
Date: March 9, 2017



 

SF 769 prevents new rules from taking effect until approved by law if the rules meet one of the following conditions:

(1)   the rule is enacted without a specific authorization of rulemaking to enact rules to implement a specific statute section;

(2)   a sanction or penalty can be imposed for failure to comply with the rule; or

(3)    the regulating agency has the authority to adjudicate a dispute with a regulated entity about enforcement of or violation of the rule.

Section 1 [Generally] prevents a new rule adopted after a public hearing that meets specified conditions from taking effect until after the rule is approved by a law.

Section 2 [Publication of adopted rule; Effective date] prevents a new rule adopted without a public hearing that meets specified conditions from taking effect until after the rule is approved by a law.

Section 3 [Adoption] prevents a rule adopted using the expedited rulemaking process that meets specified conditions from taking effect until after the rule is approved by a law.

Section 4 [Affirmative defense] gives a person an affirmative defense against action to enforce a rule or impose a sanction or penalty for violation of a rule if the person demonstrates that the cost of compliance for that person exceeds $50,000.

Section 5 [Effective date; application] makes sections 1 through 4 effective the day after enactment and specifies that these sections apply to rules for which a notice of adoption is published on or after the effective date.

SF 769 does not create a legislative approval requirement for a rule that is exempt from rulemaking, either by meeting the requirements for good cause exemption or by being adopted under a specific law that exempts that rule from rulemaking.

 
Check on the status of this bill
 
Back to Senate Counsel and Research Bill Summaries page
 

 
This page is maintained by the Office of Senate Counsel, Research, and Fiscal Analysis for the Minnesota Senate.
 
Last review or update: 03/09/2017
 
If you see any errors on this page, please e-mail us at webmaster@senate.mn