HF 2961

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; providing that certain compensation for legislators
and the governor is forfeited upon failure to pass specified budget provisions in
a timely manner; proposing coding for new law in Minnesota Statutes, chapter
15A.

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

Section 1.

new text begin [15A.23] SALARY FORFEITURE.
new text end

new text begin new text end

new text begin Subdivision 1. new text end

new text begin Other law superseded. new text end

new text begin Notwithstanding any law to the contrary,
members of the legislature and the governor forfeit salary under the circumstances
described in this section.
new text end

new text begin Subd. 2. new text end

new text begin Failure to enact budget in odd-numbered year. new text end

new text begin (a) In an odd-numbered
year:
new text end

new text begin (1) members of the legislature and the governor forfeit their salary for the month
of June if the house of representatives and the senate have not passed all of the major
appropriation and revenue bills before midnight of the first Monday following the third
Saturday in May;
new text end

new text begin (2) members of the legislature and the governor forfeit their salary for the months of
July and August if the house of representatives and the senate have not passed all of the
major appropriation and revenue bills before midnight on June 30; and
new text end

new text begin (3) after August, members of the legislature and the governor forfeit their salary for
the next month if the house of representatives and the senate have not passed all of the
major appropriation bills by the end of the preceding month.
new text end

new text begin (b) Members of the legislature may not receive per diem living expenses or
reimbursement for travel during any period under this section in which members forfeit
their salary.
new text end

new text begin (c) If the governor forfeits salary under this section and the state pay periods do not
exactly coincide with the calendar month of forfeiture, the governor forfeits salary for the
two, two-week pay periods beginning after the first day of that month.
new text end

new text begin (d) For purposes of this section, "major appropriation and revenue bills" mean
one or more bills establishing the taxes anticipated to be needed to provide funding for
state appropriations, and bills making appropriations for the following areas: higher
education; K-12 education; agriculture, environment, and natural resources; health and
human services; state government; jobs and economic development; transportation; and
public safety. This section does not require bills to be organized in the manner specified
in this paragraph, provided that appropriations are enacted covering all of the topics
listed in this paragraph.
new text end

new text begin Subd. 3. new text end

new text begin Failure to enact budget decisions in even-numbered year. new text end

new text begin (a) If the
legislature meets in regular session in an even-numbered year, members of the legislature
and the governor forfeit their salary for the month beginning immediately following
adjournment of the regular session if:
new text end

new text begin (1) the most recent forecast of general fund revenues and expenditures under section
16A.103 before adjournment of the regular session shows that anticipated general fund
expenditures for the remainder of the biennium exceed anticipated revenues for the
remainder of the biennium; and
new text end

new text begin (2) the house of representatives and the senate do not pass legislation necessary to
correct the budget imbalance predicted by the forecast.
new text end

new text begin (b) This subdivision does not apply if the amount by which general fund expenditures
are forecast to exceed revenues is ten percent or less of the amount in the budget reserve
account established in section 16A.152.
new text end

new text begin Subd. 4. new text end

new text begin Exemption from forfeiture. new text end

new text begin The salary and other forfeiture provisions of
this section do not apply to members of the legislature who are not a part of a legislative
committee, conference committee, or other subgroup whenever the committee, conference
committee, or other subgroup prevents a majority of the full house of representatives or
senate from taking legislative action to move towards adoption of budget bills specified
in subdivisions 2 and 3.
new text end

new text begin Subd. 5. new text end

new text begin Forfeiture of salary for governor. new text end

new text begin If the governor vetoes one or more
budget bills specified in subdivisions 2 and 3 and the veto necessitates a special session
to establish or balance the state budget and complete the state's work, the governor
forfeits salary until all of the applicable budget bills specified in subdivisions 2 and 3
are enacted. If the governor forfeits salary under this subdivision, the forfeiture of the
governor's salary begins with the pay period next beginning after the first occurrence of
the conditions requiring forfeiture.
new text end