as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 proposing an amendment to the Minnesota Constitution, 1.3 article IV; article V, sections 3 and 5; article VIII, 1.4 section 1; article IX, sections 1 and 2; and article 1.5 XI, section 5; providing for a unicameral legislature 1.6 of 102 to 135 representatives. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. [CONSTITUTIONAL AMENDMENT PROPOSED.] 1.9 An amendment to the Minnesota Constitution is proposed to 1.10 the people. If the amendment is adopted, article IV will read: 1.11 Section 1. The legislature consists of thesenate and1.12 house of representatives. 1.13 Sec. 2. The number of members who compose thesenate and1.14 house of representatives shall be prescribed by law but shall be 1.15 not less than 102 nor more than 135. The representationin both1.16housesshall be apportioned equally throughout the different 1.17 sections of the state in proportion to the population thereof. 1.18 Sec. 3. At its first session after each enumeration of the 1.19 inhabitants of this state made by the authority of the United 1.20 States, the legislature shall have the power to prescribe the 1.21 bounds of congressional and legislative districts.Senators1.22 Representatives shall be chosen by single districts of 1.23 convenient contiguous territory.No representative district1.24shall be divided in the formation of a senate district.The 1.25senatedistricts shall be numbered in a regular series. 1.26 Sec. 4. Representativesshall be chosen for a term of two2.1years, except to fill a vacancy. Senatorsshall be chosen for a 2.2 term of four years, except to fill a vacancy andexceptas 2.3 provided in this section. There shall be anentire newelection 2.4 of allthe senatorsrepresentatives at the first general 2.5 electionof representativesafter each new legislative 2.6 apportionment provided for in this article. The election for 2.7 the house of representatives shall always be held in the same 2.8 year in which the presidential election is held. The governor 2.9 shall call elections to fill vacancies ineither house ofthe 2.10 legislature. 2.11 Sec. 5. Nosenator orrepresentative shall hold any other 2.12 office under the authority of the United States or the state of 2.13 Minnesota, except that of postmaster or of notary public. If 2.14 elected or appointed to another office, a legislator may resign 2.15 from the legislature by tendering his resignation to the 2.16 governor. 2.17 Sec. 6.Senators andRepresentatives shall be qualified 2.18 voters of the state, and shall have resided one year in the 2.19 state and six months immediately preceding the election in the 2.20 district from which elected.EachThe house of representatives 2.21 shall be the judge of the election returns and eligibility of 2.22 its own members. The legislature shall prescribe by law the 2.23 manner for taking evidence in cases of contested seatsin either2.24house. 2.25 Sec. 7.EachThe house of representatives may determine 2.26 the rules of its proceedings, sit upon its own adjournment, 2.27 punish its members for disorderly behavior, and with the 2.28 concurrence of two-thirds expel a member; but no member shall be 2.29 expelled a second time for the same offense. 2.30 Sec. 8. Each member and officer of the legislature before 2.31 entering upon his duties shall take an oath or affirmation to 2.32 support the Constitution of the United States, the constitution 2.33 of this state, and to discharge faithfully the duties of his 2.34 office to the best of his judgment and ability. 2.35 Sec. 9. The compensation ofsenators andrepresentatives 2.36 shall be prescribed by law. No increase of compensation shall 3.1 take effect during the period for which the members of the 3.2 existing house of representatives may have been elected. 3.3 Sec. 10. The members ofeachthe house of representatives 3.4 in all cases except treason, felony and breach of the peace, 3.5 shall be privileged from arrest during the session oftheir3.6respective housesthe house and in going to or returning from 3.7 the same. For any speech or debate ineitherthe house they 3.8 shall not be questioned in any other place. 3.9 Sec. 11. Two or more members ofeitherthe house of 3.10 representatives may dissent and protest against any act or 3.11 resolution which they think injurious to the public or to any 3.12 individual and have the reason of their dissent entered in the 3.13 journal. 3.14 Sec. 12. The legislature shall meet at the seat of 3.15 government in regular session in each biennium at the times 3.16 prescribed by law for not exceeding a total of 120 legislative 3.17 days. The legislature shall not meet in regular session, nor in 3.18 any adjournment thereof, after the first Monday following the 3.19 third Saturday in May of any year. After meeting at a time 3.20 prescribed by law, the legislature may adjourn to another time. 3.21 "Legislative day" shall be defined by law. A special session of 3.22 the legislature may be called by the governor on extraordinary 3.23 occasions. 3.24Neither house during a session of the legislature shall3.25adjourn for more than three days (Sundays excepted) nor to any3.26other place than that in which the two houses shall be assembled3.27without the consent of the other house.3.28 Sec. 13. A majority ofeachthe house of representatives 3.29 constitutes a quorum to transact business, but a smaller number 3.30 may adjourn from day to day and compel the attendance of absent 3.31 members in the manner and under the penalties it may provide. 3.32 Sec. 14.EachThe house of representatives shall be open 3.33 to the public during its sessions except in cases which in its 3.34 opinion require secrecy. 3.35 Sec. 15.EachThe house of representatives shall elect its 3.36 presiding officer and other officers as may be provided by law. 4.1Both housesThe house of representatives shall keep journals of 4.2theirits proceedings, and from time to time publish the same, 4.3 and the yeas and nays, when taken on any question, shall be 4.4 entered in the journals. 4.5 Sec. 16. In all elections by the legislature members shall 4.6 vote viva voce and their votes shall be entered in the journal. 4.7 Sec. 17. No law shall embrace more than one subject, which 4.8 shall be expressed in its title. 4.9Sec. 18. All bills for raising revenue shall originate in4.10the house of representatives, but the senate may propose and4.11concur with the amendments as on other bills.4.12 Sec. 19. Every bill shall be reported on three different 4.13 days ineachthe house of representatives, unless, in case of 4.14 urgency, two-thirds of the housewhere the bill is pending4.15deemdeems it expedient to dispense with this rule. 4.16 Sec. 20. Every bill passedby both housesshall be 4.17 enrolled and signed by the presiding officerof each house. Any 4.18 presiding officer refusing to sign a bill passedby both houses4.19 shall thereafter be disqualified from any office of honor or 4.20 profit in the state.EachThe house of representatives by rule 4.21 shall provide the manner in which a bill shall be certified for 4.22 presentation to the governor in case of such refusal. 4.23 Sec. 21. No bill shall be passedby either houseupon the 4.24 day prescribed for adjournment. This section shall not preclude 4.25 the enrollment of a bill or its transmittalfrom one house to4.26the other orto the executive for his signature. 4.27 Sec. 22. The style of all laws of this state shall be: "Be 4.28 it enacted by the legislature of the state of Minnesota." No 4.29 law shall be passed unless voted for by a majority of all the 4.30 members elected toeachthe house ofthe legislature4.31 representatives, and the vote entered in the journalof each4.32house. 4.33 Sec. 23. Every bill passed in conformity to the rules of 4.34eachthe houseand the joint rules of the two housesof 4.35 representatives shall be presented to the governor. If he 4.36 approves a bill, he shall sign it, deposit it in the office of 5.1 the secretary of state and notify the housein which it5.2originatedof that fact. If he vetoes a bill, he shall return 5.3 it with his objections to the housein which it originated. His 5.4 objections shall be entered in the journal. If, after 5.5 reconsideration, two-thirds ofthatthe house agree to pass the 5.6 bill,it shall be sent, together with the governor's objections,5.7to the other house, which shall likewise reconsider it. If5.8approved by two-thirds of that houseit becomes a law and shall 5.9 be deposited in the office of the secretary of state. In such 5.10 cases the votesof both housesshall be determined by yeas and 5.11 nays, and the names of the persons voting for or against the 5.12 bill shall be entered in the journalof each house. Any bill 5.13 not returned by the governor within three days (Sundays 5.14 excepted) after it is presented to him becomes a law as if he 5.15 had signed it, unless the legislature by adjournment within that 5.16 time prevents its return. Any bill passed during the last three 5.17 days of a session may be presented to the governor during the 5.18 three days following the day of final adjournment and becomes 5.19 law if the governor signs and deposits it in the office of the 5.20 secretary of state within 14 days after the adjournment of the 5.21 legislature. Any bill passed during the last three days of the 5.22 session which is not signed and deposited within 14 days after 5.23 adjournment does not become a law. 5.24 If a bill presented to the governor contains several items 5.25 of appropriation of money, he may veto one or more of the items 5.26 while approving the bill. At the time he signs the bill the 5.27 governor shall append to it a statement of the items he vetoes 5.28 and the vetoed items shall not take effect. If the legislature 5.29 is in session, he shall transmit tothe house in which the bill5.30originatedit a copy of the statement, and the items vetoed 5.31 shall be separately reconsidered. If on reconsideration any 5.32 item is approved by two-thirds of the memberselected to each5.33house, it is a part of the law notwithstanding the objections of 5.34 the governor. 5.35 Sec. 24. Each order, resolution or voterequiring the5.36concurrence of the two housesexcept such as relate to the 6.1 business or adjournment of the legislature shall be presented to 6.2 the governor and is subject to his veto as prescribed in case of 6.3 a bill. 6.4 Sec. 25. During a sessioneachthe house of 6.5 representatives may punish by imprisonment for not more than 24 6.6 hours any person not a member who is guilty of any disorderly or 6.7 contemptuous behavior in its presence. 6.8 Sec. 26. Passage of a general banking law requires the 6.9 vote of two-thirds of the membersof each houseof the 6.10 legislature. 6.11 article V, section 3, will read: 6.12 Sec. 3. The governor shall communicate by message to each 6.13 session of the legislature information touching the state and 6.14 country. He is commander-in-chief of the military and naval 6.15 forces and may call them out to execute the laws, suppress 6.16 insurrection and repel invasion. He may require the opinion in 6.17 writing of the principal officer in each of the executive 6.18 departments upon any subject relating to his duties. With the 6.19 advice and consent of thesenatehouse of representatives he may 6.20 appoint notaries public and other officers provided by law. He 6.21 may appoint commissioners to take the acknowledgment of deeds or 6.22 other instruments in writing to be used in the state. He shall 6.23 take care that the laws be faithfully executed. He shall fill 6.24 any vacancy that may occur in the offices of secretary of state, 6.25 auditor, attorney general and the other state and district 6.26 offices hereafter created by law until the end of the term for 6.27 which the person who had vacated the office was elected or the 6.28 first Monday in January following the next general election, 6.29 whichever is sooner, and until a successor is chosen and 6.30 qualified. 6.31 article V, section 5, will read: 6.32 Sec. 5. In case a vacancy occurs from any cause whatever 6.33 in the office of governor, the lieutenant governor shall be 6.34 governor during such vacancy. The compensation of the 6.35 lieutenant governor shall be prescribed by law. The last 6.36 elected presiding officer of thesenatehouse of representatives 7.1 shall become lieutenant governor in case a vacancy occurs in 7.2 that office. In case the governor is unable to discharge the 7.3 powers and duties of his office, the same devolves on the 7.4 lieutenant governor. The legislature may provide by law for the 7.5 case of the removal, death, resignation, or inability both of 7.6 the governor and lieutenant governor to discharge the duties of 7.7 governor and may provide by law for continuity of government in 7.8 periods of emergency resulting from disasters caused by enemy 7.9 attack in this state, including but not limited to, succession 7.10 to the powers and duties of public office and change of the seat 7.11 of government. 7.12 article VIII, section 1, will read: 7.13 Section 1. The house of representatives has the sole power 7.14 of impeachment through a concurrence of a majority of all its 7.15 members. All impeachments shall be tried by thesenatehouse. 7.16 When sitting for that purpose,senatorsmembers shall be upon 7.17 oath or affirmation to do justice according to law and 7.18 evidence. No person shall be convicted without the concurrence 7.19 of two-thirds of thesenatorsmembers present. 7.20 article IX, section 1, will read: 7.21 Section 1. A majority of the members elected toeach house7.22ofthe legislature may propose amendments to this constitution. 7.23 Proposed amendments shall be published with the laws passed at 7.24 the same session and submitted to the people for their approval 7.25 or rejection at a general election. If a majority of all the 7.26 electors voting at the election vote to ratify an amendment, it 7.27 becomes a part of this constitution. If two or more amendments 7.28 are submitted at the same time, voters shall vote for or against 7.29 each separately. 7.30 article IX, section 2, will read: 7.31 Sec. 2. Two-thirds of the members elected toeach house of7.32 the legislature may submit to the electors at the next general 7.33 election the question of calling a convention to revise this 7.34 constitution. If a majority of all the electors voting at the 7.35 election vote for a convention, the legislature at its next 7.36 session, shall provide by law for calling the convention. The 8.1 convention shall consist of as many delegates as there are 8.2 members of the house of representatives. Delegates shall be 8.3 chosen in the same manner as members of the house of 8.4 representatives and shall meet within three months after their 8.5 election. Section 5 of Article IV of the constitution does not 8.6 apply to election to the convention. 8.7 and article XI, section 5, will read: 8.8 Sec. 5. Public debt may be contracted and works of 8.9 internal improvements carried on for the following purposes: 8.10 (a) to acquire and to better public land and buildings and 8.11 other public improvements of a capital nature and to provide 8.12 money to be appropriated or loaned to any agency or political 8.13 subdivision of the state for such purposes if the law 8.14 authorizing the debt is adopted by the vote of at least 8.15 three-fifths of the members ofeach house ofthe legislature; 8.16 (b) to repel invasion or suppress insurrection; 8.17 (c) to borrow temporarily as authorized in section 6; 8.18 (d) to refund outstanding bonds of the state or any of its 8.19 agencies whether or not the full faith and credit of the state 8.20 has been pledged for the payment of the bonds; 8.21 (e) to establish and maintain highways subject to the 8.22 limitations of article XIV; 8.23 (f) to promote forestation and prevent and abate forest 8.24 fires, including the compulsory clearing and improving of wild 8.25 lands whether public or private; 8.26 (g) to construct, improve and operate airports and other 8.27 air navigation facilities; 8.28 (h) to develop the state's agricultural resources by 8.29 extending credit on real estate security in the manner and on 8.30 the terms and conditions prescribed by law; 8.31 (i) to improve and rehabilitate railroad rights-of-way and 8.32 other rail facilities whether public or private, provided that 8.33 bonds issued and unpaid shall not at any time exceed 8.34 $200,000,000 par value; and 8.35 (j) as otherwise authorized in this constitution. 8.36 As authorized by law political subdivisions may engage in 9.1 the works permitted by (f), (g), and (i) and contract debt 9.2 therefor. 9.3 Sec. 2. [SCHEDULE AND QUESTION.] 9.4 The proposed amendment shall be submitted to the people at 9.5 the 2000 general election. If it is adopted, it shall apply to 9.6 representatives elected to serve in 2004 and thereafter. The 9.7 question proposed shall be: 9.8 "Shall the Minnesota Constitution be amended to provide for 9.9 a one-house legislature consisting of 102 to 135 representatives 9.10 elected to serve four-year terms? 9.11 Yes ....... 9.12 No ........"