SF 2668

as introduced - 86th Legislature (2009 - 2010) Posted on 02/16/2010 01:42pm

A bill for an act
relating to government finance; establishing a review period prior to legislative
actions on revenue and appropriations proposals; proposing coding for new
law as Minnesota Statutes, chapter 3D.

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

Section 1.

new text begin [3D.01] INTENT.
new text end

new text begin The legislature finds that public participation in the legislative process improves
the quality of proposed legislation by allowing the opportunity for detailed review by
interested parties. The opportunity for a detailed review by the public prior to hearings
or votes on legislation helps increase public trust in government and enhances respect
for the legislature by ensuring that its operation is conducted with the openness, order,
and dignity befitting the state of Minnesota. It is the intent of the legislature, therefore,
to prohibit hearings or votes on appropriation-related or revenue-related bills until 72
hours after the bill's public introduction.
new text end

Sec. 2.

new text begin [3D.02] SHORT TITLE.
new text end

new text begin Sections 3D.01 to 3D.08 shall be known and may be cited as the "72-Hour Budget
Review Act."
new text end

Sec. 3.

new text begin [3D.03] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation-related bill. new text end

new text begin "Appropriation-related bill" means a
bill authorizing an appropriation of funds for state operating, capital, or transportation
expenses.
new text end

new text begin Subd. 2. new text end

new text begin Revenue-related bill. new text end

new text begin "Revenue-related bill" means a bill raising revenue
for operating, capital, or transportation expenses.
new text end

new text begin Subd. 3. new text end

new text begin Amendment. new text end

new text begin "Amendment" means a proposed change in a bill.
new text end

new text begin Subd. 4. new text end

new text begin Delete everything amendment. new text end

new text begin "Delete everything amendment" means
an amendment removing everything after the enacting clause of a bill and inserting all
new language in the bill.
new text end

new text begin Subd. 5. new text end

new text begin Publicly available. new text end

new text begin "Publicly available" means posting a bill on the
legislature's Web site or its publication in the journal, committee report, or conference
report.
new text end

new text begin Subd. 6. new text end

new text begin Shall. new text end

new text begin "Shall" means there is an obligation or duty to perform an act;
no discretion is granted.
new text end

Sec. 4.

new text begin [3D.04] HEARINGS OR VOTES PROHIBITED FOR 72 HOURS.
new text end

new text begin Hearings or votes by a legislative body on appropriation-related or revenue-related
bills shall be prohibited until 72 hours after the bill is made publicly available. The
72-hour time period excludes Saturdays, Sundays, and holidays except when the
legislative body considering the bill is in session on such a day.
new text end

Sec. 5.

new text begin [3D.05] AMENDMENTS.
new text end

new text begin After a legislative body adopts an amendment or a delete everything amendment
to an appropriation-related or revenue-related bill, that bill must not be given its third
reading until at least 24 hours have elapsed following the adoption of the amendment
or the delete everything amendment. A committee or a conference committee that
adopts an amendment or a delete everything amendment to an appropriation-related or
revenue-related bill must not report the bill until at least 24 hours has elapsed following the
adoption of the amendment or the delete everything amendment. The 24-hour time period
excludes Saturdays, Sundays, and holidays except when the legislative body, committee,
or conference committee considering the bill is in session or meeting on such a day.
new text end

Sec. 6.

new text begin [3D.06] APPLICATION TO MULTIPLE STAGES OF BILL
CONSIDERATION.
new text end

new text begin The time-sensitive prohibitions of this section shall apply each time a new version of
an appropriation-related or revenue-related bill is considered. This includes consideration
of conference recommendations.
new text end

Sec. 7.

new text begin [3D.07] EXEMPTIONS.
new text end

new text begin The time-sensitive prohibitions of sections 3D.04 and 3D.05 for hearings or votes
shall be waived upon a two-thirds vote of the full committee, conference committee, or
legislative body considering the appropriation-related or revenue-related bill. For bills
adopted under this exemption, the following section shall be added to the text of the
bill, committee report, or conference committee report: "The (insert legislative body or
committee) has waived the people's right for a detailed review of this bill as required by
the 72-Hour Budget Review Act."
new text end

Sec. 8.

new text begin [3D.08] RULES.
new text end

new text begin Each house of the legislature shall provide, by rule, for the time-sensitive
prohibitions and exemptions for appropriation-related and revenue-related bills and
amendments required under sections 3D.01 to 3D.06.
new text end

Sec. 9. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 8 are effective for the 2011-2012 legislative session and thereafter.
new text end