Minnesota 2025 2025-2026 Regular Session

Minnesota Senate Bill SF1097 Introduced / Bill

Filed 02/05/2025

                    1.1	A bill for an act​
1.2 relating to state government; proposing an amendment to the Minnesota​
1.3 Constitution, article IV, section 17, by amending the single subject and title clauses;​
1.4 prohibiting bills from being amended in a way that changes the original purpose​
1.5 of the bill.​
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.7 Section 1. CONSTITUTIONAL AMENDMENT PROPOSED.​
1.8 An amendment to the Minnesota Constitution is proposed to the people. If the amendment​
1.9is adopted, article IV, section 17, will read:​
1.10 Sec. 17. No law shall A law must not embrace more than one subject, which shall must​
1.11be expressed in its title. Each provision in a law must be directly and logically related to​
1.12the single subject stated in the title. When determining whether a law embraces more than​
1.13one subject, the court must narrowly construe what constitutes a direct and logical relation​
1.14to the single subject.​
1.15 On a bill's passage through either house of the legislature, a bill must not be amended​
1.16in a manner that changes the original purpose of the bill. When determining whether an​
1.17enacted bill serves the original purpose of the bill, the original purpose of the bill must be​
1.18narrowly construed.​
1.19 A Minnesota resident may bring an action alleging a violation of this section in district​
1.20court without needing to demonstrate direct injury. If a provision in a law is deemed​
1.21unconstitutional pursuant to this section, the act is void and unenforceable and the offending​
1.22provision is not severable.​
1​Section 1.​
25-01261 as introduced​01/22/25 REVISOR RSI/AC​
SENATE​
STATE OF MINNESOTA​
S.F. No. 1097​NINETY-FOURTH SESSION​
(SENATE AUTHORS: BAHR, Eichorn and Dornink)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​02/06/2025​
Referred to State and Local Government​ 2.1 Sec. 2. SUBMISSION TO VOTERS.​
2.2 (a) The proposed amendment must be submitted to the people at the 2026 general election.​
2.3If ratified, the amendment is effective the day following ratification. The question submitted​
2.4must be:​
2.5 "Shall the Minnesota Constitution be amended to require each provision in a law be​
2.6directly and logically related to a single subject; to prohibit a bill from being amended in a​
2.7way that changes the original purpose of the bill; to require the new section to be narrowly​
2.8construed; to allow a Minnesota resident to allege a violation; and to provide that if a law​
2.9is unconstitutional under the new section, the entire law is void and unenforceable?​
2.10	Yes ...................
"​2.11	No ....................
2.12 (b) The title required under Minnesota Statutes, section 204D.15, subdivision 1, for the​
2.13question submitted to the people under paragraph (a) must be: "Single Subject and Title​
2.14Clause; Original Purpose."​
2.15 Sec. 3. STATEMENT OF PURPOSE AND INTENT.​
2.16 The legislature finds that the constitutional amendment proposed by this act furthers the​
2.17important public interest of promoting public transparency by strengthening the single​
2.18subject and title clause and by adding an original purpose clause. Moreover, the legislature​
2.19finds that it is necessary to provide guidance on interpretation to the courts and to provide​
2.20enforcement mechanisms.​
2.21 The legislature finds that the practice of using omnibus bills with hundreds or thousands​
2.22of provisions on multiple topics under the umbrellas of overly general titles is the antithesis​
2.23of public transparency and has pushed the use of the single subject clause to the breaking​
2.24point. The courts have infrequently found laws to be in violation of the single subject and​
2.25title clauses, and have given deference to the legislature and its authority to act as an​
2.26independent branch of government. The court has looked for and used "mere filaments" to​
2.27string together pieces of a law into a single subject. The legislature finds that this deference​
2.28and liberal construction provided by the court is no longer appropriate or desirable. The​
2.29legislature intends to hold itself to a higher standard and to pass bills that are tightly related​
2.30to a single subject and to define what constitutes a single subject narrowly. A single subject​
2.31is one that has a direct and logical connection to a clearly articulated subject that is stated​
2.32in the title of the bill.​
2​Sec. 3.​
25-01261 as introduced​01/22/25 REVISOR RSI/AC​ 3.1 Further, the legislature finds that it undermines the goal of public transparency when​
3.2the legislature amends a bill so that the bill deviates from its original purpose. To remedy​
3.3this, the legislature determines that each bill must not deviate from its original purpose as​
3.4the bill moves through the legislative process in the senate and house of representatives.​
3.5By requiring a bill to remain true to its original purpose, it will allow the public to know​
3.6the unchanging purpose of the bill throughout the entire legislative process. Further, this​
3.7requirement will curtail practices that are not in the interest of public transparency, including​
3.8but not limited to the practice of using a bill as a vehicle for amendments where the bill and​
3.9amendments do not share the same original purpose; amending multiple omnibus bills onto​
3.10a single bill where the bills do not all share the same original purpose; and combining bills​
3.11and amendments with different original purposes in order to garner support for the bill. The​
3.12legislature further finds that when determining what constitutes the original purpose of a​
3.13bill, the legislature intends that the court will narrowly construe the original purpose of the​
3.14bill. At the same time, the legislature does not intend to unreasonably hinder the legislative​
3.15process by preventing amendments or substantive changes to a bill, so long as those​
3.16amendments and changes remain true to the original purpose.​
3.17 The legislature will diligently strive to meet the constitutional requirements of this act​
3.18and to promote the public transparency interests associated with the requirements. The​
3.19legislature intends to pass bills that include only provisions that are directly and logically​
3.20related to the single subject in the title. Further, as a bill moves through the legislative​
3.21process in both bodies of the legislature, the legislature intends that it will not amend the​
3.22bill in such a way that the original purpose of that bill is changed. If the legislature fails at​
3.23these goals, the legislature intends that the court will narrowly construe the single subject​
3.24and title clause and the original purpose clause in favor of public transparency.​
3​Sec. 3.​
25-01261 as introduced​01/22/25 REVISOR RSI/AC​