SF2063 (Legislative Session 94 (2025-2026))
Specific authority in law for rulemaking requirement
AI Generated Summary
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- Automatic repeal when authority ends: If the law that authorizes a rule is repealed, the rule automatically repeals on the effective date of that repeal, unless another law still authorizes the rule.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- Agencies may need to ensure every rule has a current legal basis; rules could lapse if their authorizing law is repealed.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
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 03, 2025 | Senate | Action | Introduction and first reading | ||
| March 03, 2025 | Senate | Action | Referred to | State and Local Government |
Citations
[
{
"analysis": {
"added": [
"Authority to adopt original rules restricted to being pursuant to specific authority delegated by law.",
"If a law authorizing rules is repealed, the rules adopted pursuant to that law are automatically repealed on the effective date of the repeal.",
"Except as provided in the statute, sections 14.06, 14.388, 14.3895, and sections 14.001 to 14.69 shall not be considered specific authority for an agency to adopt, amend, suspend, or repeal rules."
],
"removed": [],
"summary": "Amends Minnesota Statutes 2024, section 14.05, subdivision 1 to restrict rulemaking to rules authorized by law and to provide automatic repeal of rules if the authorizing law is repealed; also clarifies that certain sections do not themselves grant specific rulemaking authority.",
"modified": [
"Subsection 1 is rewritten to impose explicit requirements for rulemaking authority and to establish automatic repeal of rules when the authorizing law is repealed."
]
},
"citation": "14.05",
"subdivision": "subdivision 1"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill references section 14.06 in the proviso restricting what may count as 'specific authority' for rulemaking; no direct textual amendment to 14.06 is shown in the excerpt.",
"modified": [
"The proviso indicates that sections 14.388, 14.3895, and 14.001 to 14.69 shall not be considered specific authority, existing in relation to section 14.06."
]
},
"citation": "14.06",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Section 14.388 is cited within the bill's proviso restricting rulemaking authority; the text does not show a standalone amendment to 14.388.",
"modified": [
"Not designated as providing 'specific authority' for rulemaking within the proviso."
]
},
"citation": "14.388",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Section 14.3895 is cited within the proviso restricting rulemaking authority; the excerpt does not show a direct amendment to 14.3895.",
"modified": [
"Not designated as providing 'specific authority' for rulemaking within the proviso."
]
},
"citation": "14.3895",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The range of sections 14.001 to 14.69 is referenced in the proviso, indicating these sections shall not be considered specific authority for rulemaking.",
"modified": [
"Not designated as providing 'specific authority' for rulemaking within the proviso."
]
},
"citation": "14.001 to 14.69",
"subdivision": ""
}
]Progress through the legislative process
In Committee