SF 265

Introduction - 83rd Legislature (2003 - 2004)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             proposing an amendment to the Minnesota Constitution, 
  1.3             article V, sections 1, 2, 3, 4, 5; article VIII, 
  1.4             section 2; article XI, section 8; consolidating the 
  1.5             offices of lieutenant governor, auditor, and secretary 
  1.6             of state. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [CONSTITUTIONAL AMENDMENT.] 
  1.9      An amendment to the Minnesota Constitution is proposed to 
  1.10  the people.  If the amendment is adopted, article V, section 1, 
  1.11  will read: 
  1.12     Section 1.  The executive department consists of a 
  1.13  governor, lieutenant governor, secretary of state, auditor, and 
  1.14  attorney general, who shall be chosen by the electors of the 
  1.15  state.  The governor and lieutenant governor shall be chosen 
  1.16  jointly by a single vote applying to both offices in a manner 
  1.17  prescribed by law. 
  1.18     article V, section 2, will read: 
  1.19     Sec. 2.  The term of office for the governor and lieutenant 
  1.20  governor is four years and until a successor is chosen and 
  1.21  qualified.  Each The governor shall have attained the age of 25 
  1.22  years and, shall have been a bona fide resident of the state for 
  1.23  one year next preceding his election, and shall be a citizen of 
  1.24  the United States. 
  1.25     article V, section 3, will read: 
  1.26     Sec. 3.  The governor shall communicate by message to each 
  2.1   session of the legislature information touching the state and 
  2.2   country.  He is commander-in-chief of the military and naval 
  2.3   forces and may call them out to execute the laws, suppress 
  2.4   insurrection and repel invasion.  He may require the opinion in 
  2.5   writing of the principal officer in each of the executive 
  2.6   departments upon any subject relating to his duties.  With the 
  2.7   advice and consent of the senate he may appoint notaries public 
  2.8   and other officers provided by law.  He may appoint 
  2.9   commissioners to take the acknowledgment of deeds or other 
  2.10  instruments in writing to be used in the state.  He shall take 
  2.11  care that the laws be faithfully executed.  He shall fill any 
  2.12  vacancy that may occur in the offices of secretary of state, 
  2.13  auditor, and attorney general and the other state and district 
  2.14  offices hereafter created by law until the end of the term for 
  2.15  which the person who had vacated the office was elected or the 
  2.16  first Monday in January following the next general election, 
  2.17  whichever is sooner, and until a successor is chosen and 
  2.18  qualified. 
  2.19     article V, section 4, will read: 
  2.20     Sec. 4.  The term of office of the secretary of state, 
  2.21  attorney general and state secretary auditor is four years and 
  2.22  until a successor is chosen and qualified.  The duties and 
  2.23  salaries of the executive officers shall be prescribed by law. 
  2.24     article V, section 5, will read: 
  2.25     Sec. 5.  In case a vacancy occurs from any cause whatever 
  2.26  in the office of governor, the lieutenant governor secretary 
  2.27  auditor shall be governor during such vacancy.  The compensation 
  2.28  of the lieutenant governor secretary auditor shall be prescribed 
  2.29  by law.  The last elected presiding officer of the senate shall 
  2.30  become lieutenant governor secretary auditor in case a vacancy 
  2.31  occurs in that office.  In case the governor is unable to 
  2.32  discharge the powers and duties of his office, the same devolves 
  2.33  on the lieutenant governor secretary auditor.  The legislature 
  2.34  may provide by law for the case of the removal, death, 
  2.35  resignation, or inability both of the governor and lieutenant 
  2.36  governor to discharge the duties of governor and may provide by 
  3.1   law for continuity of government in periods of emergency 
  3.2   resulting from disasters caused by enemy attack in this state, 
  3.3   including but not limited to, succession to the powers and 
  3.4   duties of public office and change of the seat of government. 
  3.5      article VIII, section 2, will read: 
  3.6      Sec. 2.  The governor, secretary of state, auditor, 
  3.7   attorney general and the judges of the supreme court, court of 
  3.8   appeals and district courts may be impeached for corrupt conduct 
  3.9   in office or for crimes and misdemeanors; but judgment shall not 
  3.10  extend further than to removal from office and disqualification 
  3.11  to hold and enjoy any office of honor, trust or profit in this 
  3.12  state.  The party convicted shall also be subject to indictment, 
  3.13  trial, judgment and punishment according to law. 
  3.14     article XI, section 8, will read: 
  3.15     Sec. 8.  The permanent school fund of the state consists of 
  3.16  (a) the proceeds of lands granted by the United States for the 
  3.17  use of schools within each township, (b) the proceeds derived 
  3.18  from swamp lands granted to the state, (c) all cash and 
  3.19  investments credited to the permanent school fund and to the 
  3.20  swamp land fund, and (d) all cash and investments credited to 
  3.21  the internal improvement land fund and the lands therein.  No 
  3.22  portion of these lands shall be sold otherwise than at public 
  3.23  sale, and in the manner provided by law.  All funds arising from 
  3.24  the sale or other disposition of the lands, or income accruing 
  3.25  in any way before the sale or disposition thereof, shall be 
  3.26  credited to the permanent school fund.  Within limitations 
  3.27  prescribed by law, the fund shall be invested to secure the 
  3.28  maximum return consistent with the maintenance of the perpetuity 
  3.29  of the fund.  The principal of the permanent school fund shall 
  3.30  be perpetual and inviolate forever.  This does not prevent the 
  3.31  sale of investments at less than the cost to the fund; however, 
  3.32  all losses not offset by gains shall be repaid to the fund from 
  3.33  the interest and dividends earned thereafter.  The net interest 
  3.34  and dividends arising from the fund shall be distributed to the 
  3.35  different school districts of the state in a manner prescribed 
  3.36  by law. 
  4.1      A board of investment consisting of the governor, the state 
  4.2   secretary auditor, the secretary of state, and the attorney 
  4.3   general is constituted for the purpose of administering and 
  4.4   directing the investment of all state funds.  The board shall 
  4.5   not permit state funds to be used for the underwriting or direct 
  4.6   purchase of municipal securities from the issuer or the issuer's 
  4.7   agent. 
  4.8      Sec. 2.  [TRANSITION.] 
  4.9      If the proposed amendment is adopted, the offices of 
  4.10  lieutenant governor, auditor, and secretary of state will be 
  4.11  consolidated on the first Monday in January 2007. 
  4.12     Sec. 3.  [SCHEDULE AND QUESTION.] 
  4.13     The proposed amendment shall be submitted at the 2004 
  4.14  general election.  If approved, the offices of lieutenant 
  4.15  governor, auditor, and secretary of state shall be consolidated 
  4.16  on the first Monday in January 2007.  The question proposed 
  4.17  shall be: 
  4.18     "Shall the Minnesota Constitution be amended to consolidate 
  4.19  the offices of lieutenant governor, auditor, and secretary of 
  4.20  state on the first Monday in January 2007? 
  4.21                                     Yes .......
  4.22                                     No ........"