HF 2484

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             to provide for a parliamentary system of government in 
  1.4             which a unicameral legislature would select the 
  1.5             governor; amending article III; article IV; article V; 
  1.6             article VIII, sections 1 and 2; article IX, sections 1 
  1.7             and 2; and article XI, sections 5 and 8; providing by 
  1.8             law for a unicameral legislature of 135 members; 
  1.9             amending Minnesota Statutes 1998, sections 2.021; and 
  1.10            2.031, subdivision 1; proposing coding for new law in 
  1.11            Minnesota Statutes, chapter 3. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  [CONSTITUTIONAL AMENDMENTS PROPOSED.] 
  1.14     An amendment to the Minnesota Constitution, article III, 
  1.15  article IV, article V, article VIII, sections 1 and 2, article 
  1.16  IX, sections 1 and 2, article XI, sections 5 and 8, is proposed 
  1.17  to the people. 
  1.18     If the amendment is adopted, article III will read: 
  1.19                            ARTICLE III 
  1.20              DISTRIBUTION OF THE POWERS OF GOVERNMENT 
  1.21     Section 1.  The powers of government shall be divided into 
  1.22  three distinct departments:  legislative, executive and 
  1.23  judicial.  No person or persons belonging to or constituting one 
  1.24  of these departments shall exercise any of the powers properly 
  1.25  belonging to either of the others in the legislative branch 
  1.26  shall exercise judicial power and no person in the judicial 
  1.27  branch shall exercise legislative power, except in the instances 
  1.28  expressly provided in this constitution.  
  2.1      article IV will read: 
  2.2                              ARTICLE IV 
  2.3                        LEGISLATIVE DEPARTMENT 
  2.4      Section 1.  The legislature consists of the senate and 
  2.5   house of representatives one house. 
  2.6      Sec. 2.  The number of members who compose the senate and 
  2.7   house of representatives legislature shall be prescribed by law. 
  2.8   The representation in both houses shall be apportioned equally 
  2.9   throughout the different sections of the state in proportion to 
  2.10  the population thereof. 
  2.11     Sec. 3.  At its first session after each enumeration of the 
  2.12  inhabitants of this state made by the authority of the United 
  2.13  States, the legislature shall have the power to prescribe the 
  2.14  bounds of congressional and legislative districts.  Senators 
  2.15  Members shall be chosen by single districts of convenient 
  2.16  contiguous territory.  No representative district shall be 
  2.17  divided in the formation of a senate district.  The senate 
  2.18  districts shall be numbered in a regular series. 
  2.19     Sec. 4.  Representatives Members shall be chosen for a term 
  2.20  of two no more than four years, except to fill a 
  2.21  vacancy.  Senators shall be chosen for a term of four years, 
  2.22  except to fill a vacancy and except There shall be an entire new 
  2.23  election of all the senators at the first election of 
  2.24  representatives after each new legislative apportionment 
  2.25  provided for in this article members when called by the 
  2.26  governor, according to procedures established by law.  The 
  2.27  governor must call for an entire new election of all members at 
  2.28  least once every four years.  The governor shall call elections 
  2.29  to fill vacancies in either house of the legislature. 
  2.30     Sec. 5.  No senator or representative member shall hold any 
  2.31  other office under the authority of the United States or the 
  2.32  state of Minnesota, except that of governor, postmaster, or of 
  2.33  notary public.  If elected or appointed to another office, a 
  2.34  legislator may resign from the legislature by tendering his 
  2.35  resignation to the governor. 
  2.36     Sec. 6.  Senators and representatives Members shall be 
  3.1   qualified voters of the state, and shall have resided one year 
  3.2   in the state and six months immediately preceding the election 
  3.3   in the district from which elected.  Each house The legislature 
  3.4   shall be the judge of the election returns and eligibility of 
  3.5   its own members.  The legislature shall prescribe by law the 
  3.6   manner for taking evidence in cases of contested seats in either 
  3.7   house. 
  3.8      Sec. 7.  Each house The legislature may determine the rules 
  3.9   of its proceedings, sit upon its own adjournment, punish its 
  3.10  members for disorderly behavior, and with the concurrence of 
  3.11  two-thirds expel a member; but no member shall be expelled a 
  3.12  second time for the same offense. 
  3.13     Sec. 8.  Each member and officer of the legislature before 
  3.14  entering upon his duties shall take an oath or affirmation to 
  3.15  support the Constitution of the United States, the constitution 
  3.16  of this state, and to discharge faithfully the duties of his 
  3.17  office to the best of his judgment and ability. 
  3.18     Sec. 9.  The compensation of senators and representatives 
  3.19  members shall be prescribed by law.  No increase of compensation 
  3.20  shall take effect during the period for which the members of the 
  3.21  existing house of representatives legislature may have been 
  3.22  elected. 
  3.23     Sec. 10.  The members of each house the legislature in all 
  3.24  cases except treason, felony and breach of the peace, shall be 
  3.25  privileged from arrest during the session of their respective 
  3.26  houses and in going to or returning from the same.  For any 
  3.27  speech or debate in either house the legislature they shall not 
  3.28  be questioned in any other place. 
  3.29     Sec. 11.  Two or more members of either house the 
  3.30  legislature may dissent and protest against any act or 
  3.31  resolution which they think injurious to the public or to any 
  3.32  individual and have the reason of their dissent entered in the 
  3.33  journal. 
  3.34     Sec. 12.  The legislature shall meet at the seat of 
  3.35  government in regular session in each biennium at the times 
  3.36  prescribed by law for not exceeding a total of 120 legislative 
  4.1   days.  The legislature shall not meet in regular session, nor in 
  4.2   any adjournment thereof, after the first Monday following the 
  4.3   third Saturday in May of any year.  After meeting at a time 
  4.4   prescribed by law, the legislature may adjourn to another time.  
  4.5   "Legislative day" shall be defined by law.  A special session of 
  4.6   the legislature may be called by the governor on extraordinary 
  4.7   occasions. 
  4.8      Neither house during a session of the legislature shall 
  4.9   adjourn for more than three days (Sundays excepted) nor to any 
  4.10  other place than that in which the two houses shall be assembled 
  4.11  without the consent of the other house. 
  4.12     Sec. 13.  A majority of each house the legislature 
  4.13  constitutes a quorum to transact business, but a smaller number 
  4.14  may adjourn from day to day and compel the attendance of absent 
  4.15  members in the manner and under the penalties it may provide. 
  4.16     Sec. 14.  Each house The legislature shall be open to the 
  4.17  public during its sessions except in cases which in its opinion 
  4.18  require secrecy. 
  4.19     Sec. 15.  Each house The legislature shall elect its 
  4.20  presiding officer and other officers as may be provided by law.  
  4.21  Both houses It shall keep journals of their its proceedings, and 
  4.22  from time to time publish the same, and the yeas and nays, when 
  4.23  taken on any question, shall be entered in the journals journal. 
  4.24     Sec. 16.  In all elections by the legislature members shall 
  4.25  vote viva voce and their votes shall be entered in the journal. 
  4.26     Sec. 17.  No law shall embrace more than one subject, which 
  4.27  shall be expressed in its title. 
  4.28     Sec. 18.  All bills for raising revenue shall originate in 
  4.29  the house of representatives, but the senate may propose and 
  4.30  concur with the amendments as on other bills. 
  4.31     Sec. 19.  Every bill shall be reported on three different 
  4.32  days in each house the legislature, unless, in case of urgency, 
  4.33  two-thirds of the house where the bill is pending legislature 
  4.34  deem it expedient to dispense with this rule. 
  4.35     Sec. 20.  Every bill passed by both houses the legislature 
  4.36  shall be enrolled and signed by the presiding officer of each 
  5.1   house.  Any presiding officer refusing to sign a bill passed by 
  5.2   both houses shall thereafter be disqualified from any office of 
  5.3   honor or profit in the state.  Each house by rule shall provide 
  5.4   the manner in which a bill shall be certified for presentation 
  5.5   to the governor in case of such refusal. 
  5.6      Sec. 21.  No bill shall be passed by either house upon the 
  5.7   day prescribed for adjournment.  This section shall not preclude 
  5.8   the enrollment of a bill or its transmittal from one house to 
  5.9   the other or to the executive for his signature. 
  5.10     Sec. 22.  The style of all laws of this state shall be:  
  5.11  "Be it enacted by the legislature of the state of Minnesota."  
  5.12  No law shall be passed unless voted for by a majority of all the 
  5.13  members elected to each house of the legislature, and the vote 
  5.14  entered in the journal of each house. 
  5.15     Sec. 23.  Every bill passed in conformity to the rules of 
  5.16  each house and the joint rules of the two houses legislature 
  5.17  shall be presented to the governor.  If he approves a bill, he 
  5.18  shall sign it, deposit it in the office of the secretary of 
  5.19  state and notify the house in which it originated of that fact.  
  5.20  If he vetoes a bill, he shall return it with his objections to 
  5.21  the house in which it originated.  His objections shall be 
  5.22  entered in the journal.  If, after reconsideration, two-thirds 
  5.23  of that house agree to pass the bill, it shall be sent, together 
  5.24  with the governor's objections, to the other house, which shall 
  5.25  likewise reconsider it.  If approved by two-thirds of that house 
  5.26  it becomes a law and shall be deposited in the office of the 
  5.27  secretary of state.  In such cases the votes of both houses 
  5.28  shall be determined by yeas and nays, and the names of the 
  5.29  persons voting for or against the bill shall be entered in the 
  5.30  journal of each house.  Any bill not returned by the governor 
  5.31  within three days (Sundays excepted) after it is presented to 
  5.32  him becomes a law as if he had signed it, unless the legislature 
  5.33  by adjournment within that time prevents its return.  Any bill 
  5.34  passed during the last three days of a session may be presented 
  5.35  to the governor during the three days following the day of final 
  5.36  adjournment and becomes law if the governor signs and deposits 
  6.1   it in the office of the secretary of state within 14 days after 
  6.2   the adjournment of the legislature.  Any bill passed during the 
  6.3   last three days of the session which is not signed and deposited 
  6.4   within 14 days after adjournment does not become a law. 
  6.5      If a bill presented to the governor contains several items 
  6.6   of appropriation of money, he may veto one or more of the items 
  6.7   while approving the bill.  At the time he signs the bill the 
  6.8   governor shall append to it a statement of the items he vetoes 
  6.9   and the vetoed items shall not take effect.  If the legislature 
  6.10  is in session, he shall transmit to the house in which the bill 
  6.11  originated a copy of the statement, and the items vetoed shall 
  6.12  be separately reconsidered.  If on reconsideration any item is 
  6.13  approved by two-thirds of the members elected to each house, it 
  6.14  is a part of the law notwithstanding the objections of the 
  6.15  governor. 
  6.16     Sec. 24.  Each order, resolution or vote requiring the 
  6.17  concurrence of the two houses except such as relate to the 
  6.18  business or adjournment of the legislature shall be presented to 
  6.19  the governor and is subject to his veto as prescribed in case of 
  6.20  a bill. 
  6.21     Sec. 25.  During a session each house the legislature may 
  6.22  punish by imprisonment for not more than 24 hours any person not 
  6.23  a member who is guilty of any disorderly or contemptuous 
  6.24  behavior in its presence. 
  6.25     Sec. 26.  Passage of a general banking law requires the 
  6.26  vote of two-thirds of the members of each house of the 
  6.27  legislature. 
  6.28     article V will read: 
  6.29                             ARTICLE V 
  6.30                 EXECUTIVE DEPARTMENT GOVERNOR
  6.31     Section 1.  The executive department consists of a 
  6.32  governor, lieutenant governor, secretary of state, auditor, and 
  6.33  attorney general, who shall be chosen by the electors of the 
  6.34  state.  The governor and lieutenant governor shall be chosen 
  6.35  jointly by a single vote applying to both offices in a manner 
  6.36  prescribed by law legislature shall select the governor.  The 
  7.1   legislature may select a new governor at any time.  The governor 
  7.2   may appoint a secretary of state, auditor, attorney general, and 
  7.3   other officials if this authority is provided by law. 
  7.4      Sec. 2.  The term of office for the governor and lieutenant 
  7.5   governor is four years and until a successor is chosen and 
  7.6   qualified.  Each The governor shall have attained the age of 25 
  7.7   years and, shall have been a bona fide resident of the state for 
  7.8   one year next preceding his election, and shall be a citizen of 
  7.9   the United States. 
  7.10     Sec. 3.  The governor shall communicate by message to each 
  7.11  session of the legislature information touching the state and 
  7.12  country and, when required by the legislature, shall appear in 
  7.13  person to answer questions from legislators.  He is 
  7.14  commander-in-chief of the military and naval forces and may call 
  7.15  them out to execute the laws, suppress insurrection and repel 
  7.16  invasion.  He may require the opinion in writing of the 
  7.17  principal officer in each of the executive departments upon any 
  7.18  subject relating to his duties.  With the advice and consent of 
  7.19  the senate legislature he may appoint notaries public and other 
  7.20  officers provided by law.  He may appoint commissioners to take 
  7.21  the acknowledgment of deeds or other instruments in writing to 
  7.22  be used in the state.  He shall take care that the laws be 
  7.23  faithfully executed.  He shall fill any vacancy that may occur 
  7.24  in the offices of secretary of state, auditor, attorney general 
  7.25  and the other state and district offices hereafter created by 
  7.26  law until the end of the term for which the person who had 
  7.27  vacated the office was elected or the first Monday in January 
  7.28  following the next general election, whichever is sooner, and 
  7.29  until a successor is chosen and qualified. 
  7.30     Sec. 4.  The term of office of the secretary of state, 
  7.31  attorney general and state auditor is four years and until a 
  7.32  successor is chosen and qualified.  The duties and salaries of 
  7.33  the executive officers shall be prescribed by law. 
  7.34     Sec. 5.  In case a vacancy occurs from any cause whatever 
  7.35  in the office of governor, the lieutenant governor shall be 
  7.36  governor during such vacancy.  The compensation of the 
  8.1   lieutenant governor shall be prescribed by law.  the last 
  8.2   elected presiding officer of the senate legislature shall become 
  8.3   lieutenant governor in case a vacancy occurs in that office.  In 
  8.4   case the governor is unable to discharge the powers and duties 
  8.5   of his office, the same devolves on the lieutenant governor last 
  8.6   elected presiding officer of the legislature.  The legislature 
  8.7   may provide by law for the case of the removal, death, 
  8.8   resignation, or inability both of the governor and lieutenant 
  8.9   governor to discharge the duties of governor and may provide by 
  8.10  law for continuity of government in periods of emergency 
  8.11  resulting from disasters caused by enemy attack in this state, 
  8.12  including but not limited to, succession to the powers and 
  8.13  duties of public office and change of the seat of government. 
  8.14     Sec. 6.  Each officer created by this article Before 
  8.15  entering upon his duties office, the governor shall take an oath 
  8.16  or affirmation to support the constitution of the United States 
  8.17  and of this state and to discharge faithfully the duties of his 
  8.18  the office to the best of his the governor's judgment and 
  8.19  ability. 
  8.20     Sec. 7.  The governor, the attorney general and the chief 
  8.21  justice of the supreme court constitute a board of pardons.  Its 
  8.22  powers and duties shall be defined and regulated by law.  The 
  8.23  governor in conjunction with the board of pardons has power to 
  8.24  grant reprieves and pardons after conviction for an offense 
  8.25  against the state except in cases of impeachment. 
  8.26     article VIII, section 1, will read: 
  8.27     Section 1.  The house of representatives legislature has 
  8.28  the sole power of impeachment through a concurrence of a 
  8.29  majority of all its members.  All impeachments shall be tried by 
  8.30  the senate legislature.  When sitting for that purpose, senators 
  8.31  members shall be upon oath or affirmation to do justice 
  8.32  according to law and evidence.  No person shall be convicted 
  8.33  without the concurrence of two-thirds of the senators members 
  8.34  present. 
  8.35     article VIII, section 2, will read: 
  8.36     Sec. 2.  The governor, secretary of state, auditor, 
  9.1   attorney general and the judges of the supreme court, court of 
  9.2   appeals and district courts may be impeached for corrupt conduct 
  9.3   in office or for crimes and misdemeanors; but judgment shall not 
  9.4   extend further than to removal from office and disqualification 
  9.5   to hold and enjoy any office of honor, trust or profit in this 
  9.6   state.  The party convicted shall also be subject to indictment, 
  9.7   trial, judgment and punishment according to law. 
  9.8      article IX, section 1, will read: 
  9.9      Section 1.  A majority of the members elected to each house 
  9.10  of the legislature may propose amendments to this constitution.  
  9.11  Proposed amendments shall be published with the laws passed at 
  9.12  the same session and submitted to the people for their approval 
  9.13  or rejection at a general election.  If a majority of all the 
  9.14  electors voting at the election vote to ratify an amendment, it 
  9.15  becomes a part of this constitution.  If two or more amendments 
  9.16  are submitted at the same time, voters shall vote for or against 
  9.17  each separately. 
  9.18     article IX, section 2, will read: 
  9.19     Sec. 2.  Two-thirds of the members elected to each house of 
  9.20  the legislature may submit to the electors at the next general 
  9.21  election the question of calling a convention to revise this 
  9.22  constitution.  If a majority of all the electors voting at the 
  9.23  election vote for a convention, the legislature at its next 
  9.24  session, shall provide by law for calling the convention.  The 
  9.25  convention shall consist of as many delegates as there are 
  9.26  members of the house of representatives.  Delegates shall be 
  9.27  chosen in the same manner as members of the house of 
  9.28  representatives legislature and shall meet within three months 
  9.29  after their election.  Section 5 of Article IV of the 
  9.30  constitution does not apply to election to the convention. 
  9.31     article XI, section 5, will read: 
  9.32     Sec. 5.  Public debt may be contracted and works of 
  9.33  internal improvements carried on for the following purposes: 
  9.34     (a) to acquire and to better public land and buildings and 
  9.35  other public improvements of a capital nature and to provide 
  9.36  money to be appropriated or loaned to any agency or political 
 10.1   subdivision of the state for such purposes if the law 
 10.2   authorizing the debt is adopted by the vote of at least 
 10.3   three-fifths of the members of each house of the legislature; 
 10.4      (b) to repel invasion or suppress insurrection; 
 10.5      (c) to borrow temporarily as authorized in section 6; 
 10.6      (d) to refund outstanding bonds of the state or any of its 
 10.7   agencies whether or not the full faith and credit of the state 
 10.8   has been pledged for the payment of the bonds; 
 10.9      (e) to establish and maintain highways subject to the 
 10.10  limitations of article XIV; 
 10.11     (f) to promote forestation and prevent and abate forest 
 10.12  fires, including the compulsory clearing and improving of wild 
 10.13  lands whether public or private; 
 10.14     (g) to construct, improve and operate airports and other 
 10.15  air navigation facilities; 
 10.16     (h) to develop the state's agricultural resources by 
 10.17  extending credit on real estate security in the manner and on 
 10.18  the terms and conditions prescribed by law; 
 10.19     (i) to improve and rehabilitate railroad rights-of-way and 
 10.20  other rail facilities whether public or private, provided that 
 10.21  bonds issued and unpaid shall not at any time exceed 
 10.22  $200,000,000 par value; and 
 10.23     (j) as otherwise authorized in this constitution. 
 10.24     As authorized by law political subdivisions may engage in 
 10.25  the works permitted by (f), (g), and (i) and contract debt 
 10.26  therefor. 
 10.27     article XI, section 8, will read: 
 10.28     Sec. 8.  The permanent school fund of the state consists of 
 10.29  (a) the proceeds of lands granted by the United States for the 
 10.30  use of schools within each township, (b) the proceeds derived 
 10.31  from swamp lands granted to the state, (c) all cash and 
 10.32  investments credited to the permanent school fund and to the 
 10.33  swamp land fund, and (d) all cash and investments credited to 
 10.34  the internal improvement land fund and the lands therein.  No 
 10.35  portion of these lands shall be sold otherwise than at public 
 10.36  sale, and in the manner provided by law.  All funds arising from 
 11.1   the sale or other disposition of the lands, or income accruing 
 11.2   in any way before the sale or disposition thereof, shall be 
 11.3   credited to the permanent school fund.  Within limitations 
 11.4   prescribed by law, the fund shall be invested to secure the 
 11.5   maximum return consistent with the maintenance of the perpetuity 
 11.6   of the fund.  The principal of the permanent school fund shall 
 11.7   be perpetual and inviolate forever.  This does not prevent the 
 11.8   sale of investments at less than the cost to the fund; however, 
 11.9   all losses not offset by gains shall be repaid to the fund from 
 11.10  the interest and dividends earned thereafter.  The net interest 
 11.11  and dividends arising from the fund shall be distributed to the 
 11.12  different school districts of the state in a manner prescribed 
 11.13  by law. 
 11.14     A board of investment consisting of the governor, the state 
 11.15  auditor, the secretary of state, and the attorney general is 
 11.16  constituted for the purpose of administering and 
 11.17  directing members prescribed by law shall administer and direct 
 11.18  the investment of all state funds.  The board shall not permit 
 11.19  state funds to be used for the underwriting or direct purchase 
 11.20  of municipal securities from the issuer or the issuer's agent. 
 11.21     Sec. 2.  [BALLOT PROPOSITION; SCHEDULE.] 
 11.22     The proposed amendment shall be submitted to the people at 
 11.23  the 2000 general election.  If the amendment is adopted, it 
 11.24  shall apply to persons taking office the first Monday in January 
 11.25  2003, and thereafter.  The question proposed shall be: 
 11.26     "Shall the Minnesota Constitution be amended to provide, 
 11.27  beginning in 2003, for a parliamentary system of government in 
 11.28  which a unicameral legislature would select the governor? 
 11.29                                     Yes .......
 11.30                                     No ........"
 11.31     Sec. 3.  Minnesota Statutes 1998, section 2.021, is amended 
 11.32  to read: 
 11.33     2.021 [NUMBER OF MEMBERS.] 
 11.34     For each legislature, until a new apportionment shall have 
 11.35  been made, The senate legislature is composed of 67 135 
 11.36  members and the house of representatives is composed of 134 
 12.1   members. 
 12.2      Sec. 4.  Minnesota Statutes 1998, section 2.031, 
 12.3   subdivision 1, is amended to read: 
 12.4      Subdivision 1.  [LEGISLATIVE DISTRICTS.] The 
 12.5   representatives representation in the senate and house of 
 12.6   representatives are legislature is apportioned throughout the 
 12.7   state in 67 senate 135 districts and 134 house districts.  
 12.8   Each senate district is entitled to elect one senator and each 
 12.9   house district is entitled to elect one representative member. 
 12.10     Sec. 5.  [3.001] [QUESTION SESSIONS.] 
 12.11     The legislature shall adopt rules establishing procedures 
 12.12  for requiring the governor to appear before the legislature to 
 12.13  answer questions from legislators and for conducting the 
 12.14  question sessions.  
 12.15     Sec. 6.  [EFFECTIVE DATE.] 
 12.16     If the amendment proposed by section 1 is adopted, sections 
 12.17  3 and 4 shall be effective for legislatures elected to serve in 
 12.18  2003 and thereafter from districts prescribed by the legislature 
 12.19  under the authority in article IV, section 3, of the Minnesota 
 12.20  Constitution, and section 5 shall be effective January 1, 2003.