SF 92

Introduction - 84th Legislature, 2005 1st Special Session

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

A bill for an act
proposing an amendment to the Minnesota Constitution
to provide for a unicameral legislature; changing
article IV; article V, sections 3, 5; article VIII,
section 1; article IX, sections 1, 2; article XI,
section 5; providing by law for a unicameral
legislature of 135 members; amending Minnesota
Statutes 2004, sections 2.021; 2.031, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

CONSTITUTIONAL AMENDMENTS PROPOSED.

new text begin An amendment to the Minnesota Constitution is proposed to
the people. If the amendment is adopted, article IV will read:
new text end

Section 1.

The legislature consists of deleted text begin the senate and
house of representatives deleted text end new text begin one house new text end .

Sec. 2.

The number of members who compose the deleted text begin senate and
house of representatives deleted text end new text begin legislature new text end shall be prescribed by law.
The representation deleted text begin in both houses deleted text end shall be apportioned equally
throughout the different sections of the state in proportion to
the population thereof.

Sec. 3.

At its first session after each enumeration of the
inhabitants of this state made by the authority of the United
States, the legislature shall have the power to prescribe the
bounds of congressional and legislative districts. deleted text begin Senators
deleted text end new text begin Members new text end shall be chosen by single districts of convenient
contiguous territory. deleted text begin No representative district shall be
divided in the formation of a senate district. deleted text end The deleted text begin senate
deleted text end districts shall be numbered in a regular series.

Sec. 4. deleted text begin Representatives deleted text end new text begin Members new text end shall be chosen for a term
of two years, except to fill a vacancy. deleted text begin Senators shall be
chosen for a term of four years, except to fill a vacancy and
except there shall be an entire new election of all the senators
at the first election of representatives after each new
legislative apportionment provided for in this article. deleted text end The
governor shall call elections to fill vacancies in deleted text begin either house
of deleted text end the legislature.

Sec. 5.

No deleted text begin senator or representative deleted text end new text begin member new text end shall hold any
other office under the authority of the United States or the
state of Minnesota, except that of postmaster or of notary
public. If elected or appointed to another office, a legislator
may resign from the legislature by tendering his resignation to
the governor.

Sec. 6. deleted text begin Senators and representatives deleted text end new text begin Members new text end shall be
qualified voters of the state, and shall have resided one year
in the state and six months immediately preceding the election
in the district from which elected. deleted text begin Each house deleted text end new text begin The legislature
new text end shall be the judge of the election returns and eligibility of
its own members. The legislature shall prescribe by law the
manner for taking evidence in cases of contested seats deleted text begin in either
house deleted text end .

Sec. 7. deleted text begin Each house deleted text end new text begin The legislature new text end may determine the rules
of its proceedings, sit upon its own adjournment, punish its
members for disorderly behavior, and with the concurrence of
two-thirds expel a member; but no member shall be expelled a
second time for the same offense.

Sec. 8.

Each member and officer of the legislature before
entering upon his duties shall take an oath or affirmation to
support the Constitution of the United States, the constitution
of this state, and to discharge faithfully the duties of his
office to the best of his judgment and ability.

Sec. 9.

The compensation of deleted text begin senators and representatives
deleted text end new text begin members new text end shall be prescribed by law. No increase of compensation
shall take effect during the period for which the members of the
existing deleted text begin house of representatives deleted text end new text begin legislature new text end may have been
elected.

Sec. 10.

The members of deleted text begin each house deleted text end new text begin the legislature new text end in all
cases except treason, felony and breach of the peace, shall be
privileged from arrest during the session deleted text begin of their respective
houses deleted text end and in going to or returning from the same. For any
speech or debate in deleted text begin either house deleted text end new text begin the legislature new text end they shall not
be questioned in any other place.

Sec. 11.

Two or more members of deleted text begin either house deleted text end new text begin the
legislature new text end may dissent and protest against any act or
resolution which they think injurious to the public or to any
individual and have the reason of their dissent entered in the
journal.

Sec. 12.

The legislature shall meet at the seat of
government in regular session in each biennium at the times
prescribed by law for not exceeding a total of 120 legislative
days. The legislature shall not meet in regular session, nor in
any adjournment thereof, after the first Monday following the
third Saturday in May of any year. After meeting at a time
prescribed by law, the legislature may adjourn to another time.
"Legislative day" shall be defined by law. A special session of
the legislature may be called by the governor on extraordinary
occasions.

deleted text begin Neither house during a session of the legislature shall
adjourn for more than three days (Sundays excepted) nor to any
other place than that in which the two houses shall be assembled
without the consent of the other house.
deleted text end

Sec. 13.

A majority of deleted text begin each house deleted text end new text begin the legislature
new text end constitutes a quorum to transact business, but a smaller number
may adjourn from day to day and compel the attendance of absent
members in the manner and under the penalties it may provide.

Sec. 14. deleted text begin Each house deleted text end new text begin The legislature new text end shall be open to the
public during its sessions except in cases which in its opinion
require secrecy.

Sec. 15. deleted text begin Each house deleted text end new text begin The legislature new text end shall elect its
presiding officer and other officers as may be provided by law.
deleted text begin Both houses deleted text end new text begin It new text end shall keep journals of deleted text begin their deleted text end new text begin its new text end proceedings, and
from time to time publish the same, and the yeas and nays, when
taken on any question, shall be entered in the deleted text begin journals deleted text end new text begin journal new text end .

Sec. 16.

In all elections by the legislature members shall
vote viva voce and their votes shall be entered in the journal.

Sec. 17.

No law shall embrace more than one subject, which
shall be expressed in its title.

deleted text begin Sec. 18. All bills for raising revenue shall originate in
the house of representatives, but the senate may propose and
concur with the amendments as on other bills.
deleted text end

Sec. 19.

Every bill shall be reported on three different
days in deleted text begin each house deleted text end new text begin the legislature new text end , unless, in case of urgency,
two-thirds of the deleted text begin house where the bill is pending deleted text end new text begin legislature
new text end deem it expedient to dispense with this rule.

Sec. 20.

Every bill passed by deleted text begin both houses deleted text end new text begin the legislature
new text end shall be enrolled and signed by the presiding officer deleted text begin of each
house deleted text end . Any presiding officer refusing to sign a bill passed deleted text begin by
both houses deleted text end shall thereafter be disqualified from any office of
honor or profit in the state. deleted text begin Each house deleted text end new text begin The legislature new text end by
rule shall provide the manner in which a bill shall be certified
for presentation to the governor in case of such refusal.

Sec. 21.

No bill shall be passed deleted text begin by either house deleted text end upon the
day prescribed for adjournment. This section shall not preclude
the enrollment of a bill or its transmittal deleted text begin from one house to
the other or deleted text end to the executive for his signature.

Sec. 22.

The style of all laws of this state shall be: "Be
it enacted by the legislature of the state of Minnesota." No
law shall be passed unless voted for by a majority of deleted text begin all the
members elected to each house of deleted text end the legislature, and the vote
entered in the journal deleted text begin of each house deleted text end .

Sec. 23.

Every bill passed in conformity to the rules deleted text begin of
each house and the joint rules deleted text end of the deleted text begin two houses deleted text end new text begin legislature
new text end shall be presented to the governor. If he approves a bill, he
shall sign it, deposit it in the office of the secretary of
state and notify the deleted text begin house in which it originated deleted text end new text begin legislature new text end of
that fact. If he vetoes a bill, he shall return it with his
objections to the deleted text begin house in which it originated deleted text end new text begin legislature new text end . His
objections shall be entered in the journal. If, after
reconsideration, two-thirds of deleted text begin that house deleted text end new text begin the legislature new text end agree
to pass the bill, deleted text begin it shall be sent, together with the governor's
objections, to the other house, which shall likewise reconsider
it. If approved by two-thirds of that house deleted text end it becomes a law
and shall be deposited in the office of the secretary of state.
In such cases the votes deleted text begin of both houses deleted text end shall be determined by
yeas and nays, and the names of the persons voting for or
against the bill shall be entered in the journal deleted text begin of each house deleted text end .
Any bill not returned by the governor within three days (Sundays
excepted) after it is presented to him becomes a law as if he
had signed it, unless the legislature by adjournment within that
time prevents its return. Any bill passed during the last three
days of a session may be presented to the governor during the
three days following the day of final adjournment and becomes
law if the governor signs and deposits it in the office of the
secretary of state within 14 days after the adjournment of the
legislature. Any bill passed during the last three days of the
session which is not signed and deposited within 14 days after
adjournment does not become a law.

If a bill presented to the governor contains several items
of appropriation of money, he may veto one or more of the items
while approving the bill. At the time he signs the bill the
governor shall append to it a statement of the items he vetoes
and the vetoed items shall not take effect. If the legislature
is in session, he shall transmit to deleted text begin the house in which the bill
originated deleted text end new text begin it new text end a copy of the statement, and the items vetoed
shall be separately reconsidered. If on reconsideration any
item is approved by two-thirds of the members deleted text begin elected to each
house deleted text end , it is a part of the law notwithstanding the objections of
the governor.

Sec. 24.

Each order, resolution or vote deleted text begin requiring the
concurrence of the two houses deleted text end except such as relate to the
business or adjournment of the legislature shall be presented to
the governor and is subject to his veto as prescribed in case of
a bill.

Sec. 25.

During a session deleted text begin each house deleted text end new text begin the legislature new text end may
punish by imprisonment for not more than 24 hours any person not
a member who is guilty of any disorderly or contemptuous
behavior in its presence.

Sec. 26.

Passage of a general banking law requires the
vote of two-thirds of the members of deleted text begin each house of deleted text end the
legislature.

new text begin article V, section 3, will read:
new text end

Sec. 3.

The governor shall communicate by message to each
session of the legislature information touching the state and
country. He is commander-in-chief of the military and naval
forces and may call them out to execute the laws, suppress
insurrection and repel invasion. He may require the opinion in
writing of the principal officer in each of the executive
departments upon any subject relating to his duties. With the
advice and consent of the deleted text begin senate deleted text end new text begin legislature new text end he may appoint
notaries public and other officers provided by law. He may
appoint commissioners to take the acknowledgment of deeds or
other instruments in writing to be used in the state. He shall
take care that the laws be faithfully executed. He shall fill
any vacancy that may occur in the offices of secretary of state,
auditor, attorney general and the other state and district
offices hereafter created by law until the end of the term for
which the person who had vacated the office was elected or the
first Monday in January following the next general election,
whichever is sooner, and until a successor is chosen and
qualified.

new text begin article V, section 5, will read:
new text end

Sec. 5.

In case a vacancy occurs from any cause whatever
in the office of governor, the lieutenant governor shall be
governor during such vacancy. The compensation of the
lieutenant governor shall be prescribed by law. The last
elected presiding officer of the deleted text begin senate deleted text end new text begin legislature new text end shall become
lieutenant governor in case a vacancy occurs in that office. In
case the governor is unable to discharge the powers and duties
of his office, the same devolves on the lieutenant governor.
The legislature may provide by law for the case of the removal,
death, resignation, or inability both of the governor and
lieutenant governor to discharge the duties of governor and may
provide by law for continuity of government in periods of
emergency resulting from disasters caused by enemy attack in
this state, including but not limited to, succession to the
powers and duties of public office and change of the seat of
government.

new text begin article VIII, section 1, will read:
new text end

Section 1.

The deleted text begin house of representatives deleted text end new text begin legislature new text end has
the sole power of impeachment through a concurrence of a
majority of all its members. All impeachments shall be tried by
the deleted text begin senate deleted text end new text begin legislature new text end . When sitting for that purpose, deleted text begin senators
deleted text end new text begin members new text end shall be upon oath or affirmation to do justice
according to law and evidence. No person shall be convicted
without the concurrence of two-thirds of the deleted text begin senators deleted text end new text begin members
new text end present.

new text begin article IX, section 1, will read:
new text end

Section 1.

A majority of the members elected to deleted text begin each house
of deleted text end the legislature may propose amendments to this constitution.
Proposed amendments shall be published with the laws passed at
the same session and submitted to the people for their approval
or rejection at a general election. If a majority of all the
electors voting at the election vote to ratify an amendment, it
becomes a part of this constitution. If two or more amendments
are submitted at the same time, voters shall vote for or against
each separately.

new text begin article IX, section 2, will read:
new text end

Sec. 2.

Two-thirds of the members elected to deleted text begin each house of
deleted text end the legislature may submit to the electors at the next general
election the question of calling a convention to revise this
constitution. If a majority of all the electors voting at the
election vote for a convention, the legislature at its next
session, shall provide by law for calling the convention. The
convention shall consist of as many delegates as there are
members deleted text begin of the house of representatives deleted text end . Delegates shall be
chosen in the same manner as members of the deleted text begin house of
representatives deleted text end new text begin legislature new text end and shall meet within three months
after their election. Section 5 of Article IV of the
constitution does not apply to election to the convention.

new text begin article XI, section 5, will read:
new text end

Sec. 5.

Public debt may be contracted and works of
internal improvements carried on for the following purposes:

(a) to acquire and to better public land and buildings and
other public improvements of a capital nature and to provide
money to be appropriated or loaned to any agency or political
subdivision of the state for such purposes if the law
authorizing the debt is adopted by the vote of at least
three-fifths of the members deleted text begin of each house deleted text end of the legislature;

(b) to repel invasion or suppress insurrection;

(c) to borrow temporarily as authorized in section 6;

(d) to refund outstanding bonds of the state or any of its
agencies whether or not the full faith and credit of the state
has been pledged for the payment of the bonds;

(e) to establish and maintain highways subject to the
limitations of article XIV;

(f) to promote forestation and prevent and abate forest
fires, including the compulsory clearing and improving of wild
lands whether public or private;

(g) to construct, improve and operate airports and other
air navigation facilities;

(h) to develop the state's agricultural resources by
extending credit on real estate security in the manner and on
the terms and conditions prescribed by law;

(i) to improve and rehabilitate railroad rights-of-way and
other rail facilities whether public or private, provided that
bonds issued and unpaid shall not at any time exceed
$200,000,000 par value; and

(j) as otherwise authorized in this constitution.

As authorized by law political subdivisions may engage in
the works permitted by (f), (g), and (i) and contract debt
therefor.

Sec. 2. new text begin BALLOT PROPOSITION; SCHEDULE.
new text end

new text begin The proposed amendment shall be submitted to the people at
the 2006 general election. If the amendment is adopted, it
shall apply to legislators whose terms begin in 2008 and
thereafter. The question submitted shall be:
new text end

new text begin "Shall the Minnesota Constitution be amended to provide
that the Minnesota House of Representatives and Senate be
replaced by a single legislative body, beginning in 2008?
new text end

new text begin Yes .......
No ........"
new text end

Sec. 3.

Minnesota Statutes 2004, section 2.021, is amended
to read:

2.021 NUMBER OF MEMBERS.

deleted text begin For each legislature, until a new apportionment shall have
been made, deleted text end The deleted text begin senate deleted text end new text begin legislature new text end is composed of deleted text begin 67 deleted text end new text begin 135
new text end members deleted text begin and the house of representatives is composed of 134
members deleted text end .

Sec. 4.

Minnesota Statutes 2004, section 2.031,
subdivision 1, is amended to read:

Subdivision 1.

Legislative districts.

The
deleted text begin representatives deleted text end new text begin representation new text end in the deleted text begin senate and house of
representatives are deleted text end new text begin legislature is new text end apportioned throughout the
state in deleted text begin 67 senate deleted text end new text begin 135 new text end districts deleted text begin and 134 house districts deleted text end .
Each deleted text begin senate deleted text end district is entitled to elect one deleted text begin senator and each
house district is entitled to elect one representative deleted text end new text begin member new text end .

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin If the amendment proposed by section 1 is adopted, sections
3 and 4 shall be effective for legislators whose terms begin in
2008 and thereafter.
new text end