Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

HF 3012

as introduced - 86th Legislature (2009 - 2010) Posted on 02/16/2010 10:45am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4
1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2
2.3 2.4 2.5

A bill for an act
relating to state government; establishing a process for state consideration of
federal mandates; proposing coding for new law in Minnesota Statutes, chapter 1.

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

Section 1.

new text begin [1.10] CONSIDERATION OF FEDERAL MANDATES.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies upon enactment of a federal law or
adoption of a federal regulation that imposes a mandate on the state of Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Determination by governor and legislative leaders. new text end

new text begin The governor,
in consultation with appropriate executive agency staff, must determine if the United
States Constitution provides explicit authority for imposition of the federal mandate on
the state of Minnesota. If the governor determines that the United States Constitution
provides explicit authority for the mandate, the governor must notify the speaker of the
house of representatives and the majority leader of the senate of this determination. Upon
receipt of a notice from the governor under this subdivision, the speaker of the house and
the majority leader of the senate must each determine if the United States Constitution
provides explicit authority for the mandate.
new text end

new text begin Subd. 3. new text end

new text begin Effect of determination. new text end

new text begin If the governor, the speaker of the house, and the
majority leader of the senate all determine that the United States Constitution provides
explicit authority for the federal mandate, the mandate is effective in Minnesota. If any of
the three officials determines that the United States Constitution does not provide explicit
authority for imposition of the mandate, the mandate does not apply in Minnesota, unless
a law is enacted stating that the mandate does apply.
new text end

new text begin Subd. 4. new text end

new text begin Definition. new text end

new text begin For purposes of this section, a "mandate" is a requirement
imposed upon the state or a political subdivision of the state that, if not complied with,
results in civil liability, a criminal penalty, or administrative sanctions, such as reduction
or loss of funding.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to a federal mandate imposed by a federal law enacted or a federal rule
adopted on or after that date.
new text end