HF 38

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
proposing an amendment to the Minnesota Constitution,
article IV, section 23; providing for veto override
sessions of the legislature.

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

Section 1. new text begin PROPOSED AMENDMENT.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to
the people. If the amendment is adopted, article IV, section
23, will read:
new text end

Sec. 23. Every bill passed in conformity to the rules of
each house and the joint rules of the two houses shall be
presented to the governor. If he approves a bill, he shall sign
it, deposit it in the office of the secretary of state and
notify the house in which it originated of that fact. If he
vetoes a bill, he shall return it with his objections to the
house in which it originated. His objections shall be entered
in the journal. If, after reconsideration, two-thirds of that
house agree to pass the bill, it shall be sent, together with
the governor's objections, to the other house, which shall
likewise reconsider it. If approved by two-thirds of that house
it becomes a law and shall be deposited in the office of the
secretary of state. In such cases the votes of both houses
shall be determined by yeas and nays, and the names of the
persons voting for or against the bill shall be entered in the
journal of each house. Any bill not returned by the governor
within three days (Sundays excepted) after it is presented to
him becomes a law as if he had signed it, unless the legislature
by adjournment within that time prevents its return. Any bill
passed during the last three days of a session may be presented
to the governor during the three days following the day of final
adjournment and becomes law if the governor signs and deposits
it in the office of the secretary of state within 14 days after
the adjournment of the legislature. Any bill passed during the
last three days of the session which is not signed and deposited
within 14 days after adjournment does not become a law.

If a bill presented to the governor contains several items
of appropriation of money, he may veto one or more of the items
while approving the bill. At the time he signs the bill the
governor shall append to it a statement of the items he vetoes
and the vetoed items shall not take effect. If the legislature
is in session, he shall transmit to the house in which the bill
originated a copy of the statement, and the items vetoed shall
be separately reconsidered. If on reconsideration any item is
approved by two-thirds of the members elected to each house, it
is a part of the law notwithstanding the objections of the
governor.

new text begin If the governor vetoes a bill or item of appropriation
after the adjournment sine die of any session of the
legislature, the presiding officers of the two houses of the
legislature may jointly convene a session of the legislature not
to exceed five calendar days at a time specified by the
presiding officers, solely for the purpose of reconsidering the
one or more bills or items of appropriation vetoed. If, after
reconsideration, two-thirds of each house agree to pass the bill
or item of appropriation, the bill becomes law or the item of
appropriation is part of the law notwithstanding the objections
of the governor. The procedure for reconsideration shall be the
same as that for reconsideration during the regular session.
new text end

Sec. 2. new text begin SCHEDULE AND QUESTION.
new text end

new text begin The proposed amendment shall be submitted to the people at
the 2006 general election. The question proposed shall be:
new text end

new text begin "Shall the Minnesota Constitution be amended to provide for
the legislature to reconvene to reconsider bills and
appropriations vetoed by the governor?
new text end

new text begin Yes .......
No ........"
new text end