SF 61

as introduced - 92nd Legislature, 2021 1st Special Session (2021 - 2021) Posted on 06/23/2021 07:56am

A bill for an act
proposing an amendment to the Minnesota Constitution article V, section 3;
requiring legislative approval for any extension of an emergency declared by the
governor beyond 30 days.

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

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

new text begin An amendment to the Minnesota Constitution is proposed to the people. If the amendment
is adopted, article V, section 3, will read:
new text end

Sec. 3.

The governor shall communicate by message to each session of the legislature
information touching the state and country. He is commander-in-chief of the military and
naval forces and may call them out to execute the laws, suppress insurrection and repel
invasion. He may require the opinion in writing of the principal officer in each of the
executive departments upon any subject relating to his duties. With the advice and consent
of the senate he may appoint notaries public and other officers provided by law. He may
appoint commissioners to take the acknowledgment of deeds or other instruments in writing
to be used in the state. He shall take care that the laws be faithfully executed. He shall fill
any vacancy that may occur in the offices of secretary of state, auditor, attorney general and
the other state and district offices hereafter created by law until the end of the term for which
the person who had vacated the office was elected or the first Monday in January following
the next general election, whichever is sooner, and until a successor is chosen and qualified.

new text begin Any law authorizing the governor to suspend or modify an existing law by declaring an
emergency is subject to the requirements of this section for the emergency declaration. The
governor may declare an emergency that lasts no more than 30 days, unless an extension
is authorized by the legislature. Before the emergency lapses, the legislature may authorize
the governor to continue the emergency declaration if the governor requests the emergency
declaration continue beyond the date the original declaration lapses. Notwithstanding article
IV, section 12, if the legislature is not in session at any time an emergency is declared or
in effect, the legislature may convene in special session upon a request by the president and
majority leader of the senate and the speaker and majority leader of the house of
representatives, with a majority vote of the committee with jurisdiction over legislative
rules in each house. Both houses of the legislature may approve by a majority vote a
continuation of the governor's emergency declaration for up to 30 days. If a majority vote
by either house rejects continuation of a declared emergency, the emergency declaration
ends when the declared emergency lapses. In order to extend the emergency declaration,
both houses must approve the continuation of the emergency declaration for up to 30 days
following each legislative approval. If a majority vote by either house declines to approve
a request for an additional authorization, the emergency declaration ends at the end of the
extension currently in effect.
new text end

new text begin The governor is prohibited from allowing a peacetime emergency declaration to expire
and declaring a new peacetime emergency for the same emergency in an effort to avoid
obtaining legislative approval for an extension of a peacetime emergency. Any executive
order issued pursuant to a declaration of an emergency must be approved by the committee
with jurisdiction over legislative rules in each house.
new text end

Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment must be submitted to the people at the 2022 general election.
If ratified, the amendment is effective January 1, 2023. The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to require legislative approval for any
extension of an emergency declared by the governor beyond 30 days and legislative oversight
of emergency orders?
new text end

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