1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to state government; proposing an amendment to the Minnesota |
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3 | 3 | | 1.3 Constitution, article IV, section 17, by amending the single subject and title clauses; |
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4 | 4 | | 1.4 prohibiting bills from being amended in a way that changes the original purpose |
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5 | 5 | | 1.5 of the bill. |
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6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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7 | 7 | | 1.7 Section 1. CONSTITUTIONAL AMENDMENT PROPOSED. |
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8 | 8 | | 1.8 An amendment to the Minnesota Constitution is proposed to the people. If the amendment |
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9 | 9 | | 1.9is adopted, article IV, section 17, will read: |
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10 | 10 | | 1.10 Sec. 17. No law shall A law must not embrace more than one subject, which shall must |
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11 | 11 | | 1.11be expressed in its title. Each provision in a law must be directly and logically related to |
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12 | 12 | | 1.12the single subject stated in the title. When determining whether a law embraces more than |
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13 | 13 | | 1.13one subject, the court must narrowly construe what constitutes a direct and logical relation |
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14 | 14 | | 1.14to the single subject. |
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15 | 15 | | 1.15 On a bill's passage through either house of the legislature, a bill must not be amended |
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16 | 16 | | 1.16in a manner that changes the original purpose of the bill. When determining whether an |
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17 | 17 | | 1.17enacted bill serves the original purpose of the bill, the original purpose of the bill must be |
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18 | 18 | | 1.18narrowly construed. |
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19 | 19 | | 1.19 A Minnesota resident may bring an action alleging a violation of this section in district |
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20 | 20 | | 1.20court without needing to demonstrate direct injury. If a provision in a law is deemed |
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21 | 21 | | 1.21unconstitutional pursuant to this section, the act is void and unenforceable and the offending |
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22 | 22 | | 1.22provision is not severable. |
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23 | 23 | | 1Section 1. |
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24 | 24 | | 25-01261 as introduced01/22/25 REVISOR RSI/AC |
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25 | 25 | | SENATE |
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26 | 26 | | STATE OF MINNESOTA |
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27 | 27 | | S.F. No. 1097NINETY-FOURTH SESSION |
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28 | 28 | | (SENATE AUTHORS: BAHR, Eichorn and Dornink) |
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29 | 29 | | OFFICIAL STATUSD-PGDATE |
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30 | 30 | | Introduction and first reading02/06/2025 |
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31 | 31 | | Referred to State and Local Government 2.1 Sec. 2. SUBMISSION TO VOTERS. |
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32 | 32 | | 2.2 (a) The proposed amendment must be submitted to the people at the 2026 general election. |
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33 | 33 | | 2.3If ratified, the amendment is effective the day following ratification. The question submitted |
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34 | 34 | | 2.4must be: |
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35 | 35 | | 2.5 "Shall the Minnesota Constitution be amended to require each provision in a law be |
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36 | 36 | | 2.6directly and logically related to a single subject; to prohibit a bill from being amended in a |
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37 | 37 | | 2.7way that changes the original purpose of the bill; to require the new section to be narrowly |
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38 | 38 | | 2.8construed; to allow a Minnesota resident to allege a violation; and to provide that if a law |
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39 | 39 | | 2.9is unconstitutional under the new section, the entire law is void and unenforceable? |
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40 | 40 | | 2.10 Yes ................... |
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41 | 41 | | "2.11 No .................... |
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42 | 42 | | 2.12 (b) The title required under Minnesota Statutes, section 204D.15, subdivision 1, for the |
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43 | 43 | | 2.13question submitted to the people under paragraph (a) must be: "Single Subject and Title |
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44 | 44 | | 2.14Clause; Original Purpose." |
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45 | 45 | | 2.15 Sec. 3. STATEMENT OF PURPOSE AND INTENT. |
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46 | 46 | | 2.16 The legislature finds that the constitutional amendment proposed by this act furthers the |
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47 | 47 | | 2.17important public interest of promoting public transparency by strengthening the single |
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48 | 48 | | 2.18subject and title clause and by adding an original purpose clause. Moreover, the legislature |
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49 | 49 | | 2.19finds that it is necessary to provide guidance on interpretation to the courts and to provide |
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50 | 50 | | 2.20enforcement mechanisms. |
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51 | 51 | | 2.21 The legislature finds that the practice of using omnibus bills with hundreds or thousands |
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52 | 52 | | 2.22of provisions on multiple topics under the umbrellas of overly general titles is the antithesis |
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53 | 53 | | 2.23of public transparency and has pushed the use of the single subject clause to the breaking |
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54 | 54 | | 2.24point. The courts have infrequently found laws to be in violation of the single subject and |
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55 | 55 | | 2.25title clauses, and have given deference to the legislature and its authority to act as an |
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56 | 56 | | 2.26independent branch of government. The court has looked for and used "mere filaments" to |
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57 | 57 | | 2.27string together pieces of a law into a single subject. The legislature finds that this deference |
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58 | 58 | | 2.28and liberal construction provided by the court is no longer appropriate or desirable. The |
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59 | 59 | | 2.29legislature intends to hold itself to a higher standard and to pass bills that are tightly related |
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60 | 60 | | 2.30to a single subject and to define what constitutes a single subject narrowly. A single subject |
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61 | 61 | | 2.31is one that has a direct and logical connection to a clearly articulated subject that is stated |
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62 | 62 | | 2.32in the title of the bill. |
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63 | 63 | | 2Sec. 3. |
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64 | 64 | | 25-01261 as introduced01/22/25 REVISOR RSI/AC 3.1 Further, the legislature finds that it undermines the goal of public transparency when |
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65 | 65 | | 3.2the legislature amends a bill so that the bill deviates from its original purpose. To remedy |
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66 | 66 | | 3.3this, the legislature determines that each bill must not deviate from its original purpose as |
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67 | 67 | | 3.4the bill moves through the legislative process in the senate and house of representatives. |
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68 | 68 | | 3.5By requiring a bill to remain true to its original purpose, it will allow the public to know |
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69 | 69 | | 3.6the unchanging purpose of the bill throughout the entire legislative process. Further, this |
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70 | 70 | | 3.7requirement will curtail practices that are not in the interest of public transparency, including |
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71 | 71 | | 3.8but not limited to the practice of using a bill as a vehicle for amendments where the bill and |
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72 | 72 | | 3.9amendments do not share the same original purpose; amending multiple omnibus bills onto |
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73 | 73 | | 3.10a single bill where the bills do not all share the same original purpose; and combining bills |
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74 | 74 | | 3.11and amendments with different original purposes in order to garner support for the bill. The |
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75 | 75 | | 3.12legislature further finds that when determining what constitutes the original purpose of a |
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76 | 76 | | 3.13bill, the legislature intends that the court will narrowly construe the original purpose of the |
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77 | 77 | | 3.14bill. At the same time, the legislature does not intend to unreasonably hinder the legislative |
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78 | 78 | | 3.15process by preventing amendments or substantive changes to a bill, so long as those |
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79 | 79 | | 3.16amendments and changes remain true to the original purpose. |
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80 | 80 | | 3.17 The legislature will diligently strive to meet the constitutional requirements of this act |
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81 | 81 | | 3.18and to promote the public transparency interests associated with the requirements. The |
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82 | 82 | | 3.19legislature intends to pass bills that include only provisions that are directly and logically |
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83 | 83 | | 3.20related to the single subject in the title. Further, as a bill moves through the legislative |
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84 | 84 | | 3.21process in both bodies of the legislature, the legislature intends that it will not amend the |
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85 | 85 | | 3.22bill in such a way that the original purpose of that bill is changed. If the legislature fails at |
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86 | 86 | | 3.23these goals, the legislature intends that the court will narrowly construe the single subject |
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87 | 87 | | 3.24and title clause and the original purpose clause in favor of public transparency. |
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88 | 88 | | 3Sec. 3. |
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89 | 89 | | 25-01261 as introduced01/22/25 REVISOR RSI/AC |
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