HF 168

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:34am

A bill for an act
relating to state government; authorizing the governor to declare a fiscal
emergency; specifying the effect of a declaration of fiscal emergency on
legislative procedures; proposing coding for new law in Minnesota Statutes,
chapter 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [4.031] FISCAL EMERGENCY.
new text end

new text begin Subdivision 1. new text end

new text begin Declaration. new text end

new text begin If the governor determines that, for a biennium, general
fund revenues will decline substantially below the estimate of general fund revenues
upon which the budget for that biennium, as enacted, was based, or that general fund
expenditures will increase substantially above the estimate of general fund revenues
for that biennium, or both, the governor may issue a proclamation declaring a fiscal
emergency.
new text end

new text begin Subd. 2. new text end

new text begin Extra session. new text end

new text begin If the legislature is not meeting in regular session, a
proclamation declaring a fiscal emergency must convene the legislature in extra session
for the purpose of dealing with the fiscal emergency. The proclamation must identify the
nature of the fiscal emergency and shall be submitted by the governor to the legislature,
accompanied by proposed legislation to address the fiscal emergency. If the legislature
fails to pass and send to the governor a bill or bills to address the fiscal emergency within
45 days following the issuance of the proclamation declaring the fiscal emergency, the
legislature may not act on any other bill, nor may the legislature adjourn for a joint
recess of more than three days, until that bill or those bills have been passed and sent to
the governor.
new text end

new text begin Subd. 3. new text end

new text begin Regular session. new text end

new text begin If the legislature is meeting in regular session, the
governor may issue a proclamation declaring a fiscal emergency only if the conditions
in subdivision 1 exist and the governor determines the legislature will not address the
fiscal emergency in a timely manner. The proclamation shall identify the nature of the
fiscal emergency and shall be submitted by the governor to the legislature, accompanied
by proposed legislation to address the fiscal emergency. After the governor declares
a fiscal emergency during a regular session of the legislature, the legislature may not
present a bill to the governor until the legislature has presented the governor a bill or bills
to address the fiscal emergency.
new text end

new text begin Subd. 4. new text end

new text begin Effect on unallotment authority. new text end

new text begin The commissioner of finance may not
reduce unexpended unallotments of prior general fund appropriations or transfers under
section 16A.152 if the governor has issued a proclamation declaring a fiscal emergency
under this section.
new text end