Minnesota Session Laws - 1995, Regular Session

                            CHAPTER 98-H.F.No. 1468 
                  An act relating to the governor; providing that the 
                  governor may declare an inability to discharge duties 
                  of the office or may be declared unable to do so; 
                  amending Minnesota Statutes 1994, section 4.06. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 4.06, is 
        amended to read: 
           4.06 [VACANCY, SUCCESSION; DISABILITY.] 
           (a) When a vacancy occurs, from any cause whatever, in the 
        office of governor, the lieutenant governor shall become 
        governor and the last duly elected president of the senate shall 
        become lieutenant governor for the remainder of the term.  When 
        a vacancy occurs, from any cause whatever, in the office of 
        governor and in the office of lieutenant governor, the president 
        of the senate shall become governor for the remainder of the 
        term.  If there be no president of the senate, then the speaker 
        of the house of representatives shall become governor for the 
        remainder of the term; or if there be none, then the secretary 
        of state, or the auditor, or the treasurer, or the attorney 
        general, in that order, shall upon resignation from office, 
        become governor for the remainder of the term.  
           (b) In case of the death or other failure to take office of 
        the governor-elect, the lieutenant governor-elect shall become 
        governor from the same time and in the same manner and for the 
        same term as provided for the governor-elect.  In case of the 
        death or other failure to take office of both the governor-elect 
        and lieutenant governor-elect, the last duly elected president 
        of the senate, or in the case of death or other failure to take 
        office, the last duly elected speaker of the house of 
        representatives, or in the case of death or other failure to 
        take office, the secretary of state-elect, or under the same 
        circumstances the auditor-elect, the treasurer-elect or the 
        attorney general-elect, in that order shall become governor from 
        the same time and in the same manner and for the same term as 
        provided for the governor-elect.  
           (c) If the governor transmits to the president of the 
        senate and the speaker of the house of representatives a written 
        declaration of an inability to discharge the powers and duties 
        of the office of governor, and until the governor transmits a 
        written declaration to the contrary, the powers and duties of 
        the governor shall be discharged by the lieutenant governor. 
           (d) The governor may be declared unable to discharge the 
        powers and duties of the office if a declaration is signed by 
        four out of five of the following persons and transmitted to the 
        president of the senate and the speaker of the house of 
        representatives:  the chief justice of the supreme court, the 
        lieutenant governor, the governor's chief of staff, the 
        governor's personal physician, and a member of the governor's 
        cabinet designated in advance by the governor.  If no cabinet 
        member has been designated, three out of four shall be 
        sufficient.  The lieutenant governor shall then discharge the 
        powers and duties of the office of governor.  
           (e) The declaration remains in effect until the governor 
        transmits to the president of the senate and the speaker of the 
        house of representatives a written declaration that no inability 
        exists, unless four out of five of the persons described in 
        paragraph (d), or three out of four if no cabinet member has 
        been designated, sign and transmit to the president of the 
        senate and the speaker of the house of representatives within 
        four days of the governor's declaration a declaration that the 
        governor is unable to discharge the powers and duties of the 
        office.  In that event, the lieutenant governor shall continue 
        to discharge the duties of the office until the legislature 
        decides the issue, assembling within 48 hours for that purpose 
        if not in session.  If the legislature, within 21 days after 
        receipt of the declaration that the governor is unable to 
        discharge the powers and duties of the office or, if the 
        legislature is not in session, within 21 days after being 
        required to assemble, determines by two-thirds vote of both 
        houses that the governor is unable to discharge the powers and 
        duties of the office, the lieutenant governor shall continue to 
        discharge the powers and duties of the office.  Otherwise, the 
        governor shall resume the powers and duties of the office. 
           Presented to the governor April 27, 1995 
           Signed by the governor April 28, 1995, 2:55 p.m.