as introduced - 82nd Legislature, 2001 1st Special Session (2001 - 2002) Posted on 12/15/2009 12:00am
|Introduction||Posted on 12/23/2002|
1.1 A bill for an act 1.2 proposing an amendment to the Minnesota Constitution 1.3 to provide for a unicameral legislature with staggered 1.4 terms; changing article IV; article V, sections 3 and 1.5 5; article VIII, section 1; article IX, sections 1 and 1.6 2; and article XI, section 5; providing by law for a 1.7 unicameral legislature of 134 members; amending 1.8 Minnesota Statutes 2000, sections 2.021; and 2.031, 1.9 subdivision 1. 1.10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.11 Section 1. [CONSTITUTIONAL AMENDMENTS PROPOSED.] 1.12 An amendment to the Minnesota Constitution is proposed to 1.13 the people. 1.14 If the amendment is adopted, article IV will read: 1.15 Section 1. The legislature consists of
the senate and1.16 house of representativesone house. 1.17 Sec. 2. The number of members who compose the senate and1.18 house of representativeslegislature shall be prescribed by law. 1.19 The representation in both housesshall be apportioned equally 1.20 throughout the different sections of the state in proportion to 1.21 the population thereof. 1.22 Sec. 3. At its first session after each enumeration of the 1.23 inhabitants of this state made by the authority of the United 1.24 States, the legislature shall have the power to prescribe the 1.25 bounds of congressional and legislative districts. Senators1.26 Members shall be chosen by single districts of convenient 1.27 contiguous territory. No representative district shall be2.1 divided in the formation of a senate district.The senate2.2 districts shall be numbered in a regular series. 2.3 Sec. 4. Representatives shall be chosen for a term of two2.4 years, except to fill a vacancy. SenatorsMembers shall be 2.5 chosen for a term of four years, except to fill a vacancy and 2.6 except that members chosen at the 2006 general election to 2.7 represent districts with odd numbers shall serve for an initial 2.8 term of two years. There shall be an entire new election of all 2.9 the senatorsmembers at the first election of representatives2.10 after each new legislative apportionment provided for in this 2.11 article and at that election members chosen to represent 2.12 districts with even numbers shall serve for an initial term of 2.13 two years. The governor shall call elections to fill vacancies 2.14 in either house ofthe legislature. 2.15 Sec. 5. No senator or representativemember shall hold any 2.16 other office under the authority of the United States or the 2.17 state of Minnesota, except that of postmaster or of notary 2.18 public. If elected or appointed to another office, a legislator 2.19 may resign from the legislature by tendering his resignation to 2.20 the governor. 2.21 Sec. 6. Senators and representativesMembers shall be 2.22 qualified voters of the state, and shall have resided one year 2.23 in the state and six months immediately preceding the election 2.24 in the district from which elected. Each houseThe legislature 2.25 shall be the judge of the election returns and eligibility of 2.26 its own members. The legislature shall prescribe by law the 2.27 manner for taking evidence in cases of contested seats in either2.28 house. 2.29 Sec. 7. Each houseThe legislature may determine the rules 2.30 of its proceedings, sit upon its own adjournment, punish its 2.31 members for disorderly behavior, and with the concurrence of 2.32 two-thirds expel a member; but no member shall be expelled a 2.33 second time for the same offense. 2.34 Sec. 8. Each member and officer of the legislature before 2.35 entering upon his duties shall take an oath or affirmation to 2.36 support the Constitution of the United States, the constitution 3.1 of this state, and to discharge faithfully the duties of his 3.2 office to the best of his judgment and ability. 3.3 Sec. 9. The compensation of senators and representatives3.4 members shall be prescribed by law. No increase of compensation 3.5 shall take effect during the period for which the members of the 3.6 existing house of representativeslegislature may have been 3.7 elected. 3.8 Sec. 10. The members of each housethe legislature in all 3.9 cases except treason, felony and breach of the peace, shall be 3.10 privileged from arrest during the session of their respective3.11 housesand in going to or returning from the same. For any 3.12 speech or debate in either housethe legislature they shall not 3.13 be questioned in any other place. 3.14 Sec. 11. Two or more members of either housethe 3.15 legislature may dissent and protest against any act or 3.16 resolution which they think injurious to the public or to any 3.17 individual and have the reason of their dissent entered in the 3.18 journal. 3.19 Sec. 12. The legislature shall meet at the seat of 3.20 government in regular session in each biennium at the times 3.21 prescribed by law for not exceeding a total of 120 legislative 3.22 days. The legislature shall not meet in regular session, nor in 3.23 any adjournment thereof, after the first Monday following the 3.24 third Saturday in May of any year. After meeting at a time 3.25 prescribed by law, the legislature may adjourn to another time. 3.26 "Legislative day" shall be defined by law. A special session of 3.27 the legislature may be called by the governor on extraordinary 3.28 occasions. 3.29 Neither house during a session of the legislature shall3.30 adjourn for more than three days (Sundays excepted) nor to any3.31 other place than that in which the two houses shall be assembled3.32 without the consent of the other house.3.33 Sec. 13. A majority of each housethe legislature 3.34 constitutes a quorum to transact business, but a smaller number 3.35 may adjourn from day to day and compel the attendance of absent 3.36 members in the manner and under the penalties it may provide. 4.1 Sec. 14. Each houseThe legislature shall be open to the 4.2 public during its sessions except in cases which in its opinion 4.3 require secrecy. 4.4 Sec. 15. Each houseThe legislature shall elect its 4.5 presiding officer and other officers as may be provided by law. 4.6 Both housesIt shall keep journals of theirits proceedings, and 4.7 from time to time publish the same, and the yeas and nays, when 4.8 taken on any question, shall be entered in the journalsjournal. 4.9 Sec. 16. In all elections by the legislature members shall 4.10 vote viva voce and their votes shall be entered in the journal. 4.11 Sec. 17. No law shall embrace more than one subject, which 4.12 shall be expressed in its title. 4.13 Sec. 18. All bills for raising revenue shall originate in4.14 the house of representatives, but the senate may propose and4.15 concur with the amendments as on other bills.4.16 Sec. 19. Every bill shall be reported on three different 4.17 days in each housethe legislature, unless, in case of urgency, 4.18 two-thirds of the house where the bill is pendinglegislature 4.19 deem it expedient to dispense with this rule. 4.20 Sec. 20. Every bill passed by both housesthe legislature 4.21 shall be enrolled and signed by the presiding officer of each4.22 house. Any presiding officer refusing to sign a bill passed by4.23 both housesshall thereafter be disqualified from any office of 4.24 honor or profit in the state. Each houseThe legislature by 4.25 rule shall provide the manner in which a bill shall be certified 4.26 for presentation to the governor in case of such refusal. 4.27 Sec. 21. No bill shall be passed by either houseupon the 4.28 day prescribed for adjournment. This section shall not preclude 4.29 the enrollment of a bill or its transmittal from one house to4.30 the other orto the executive for his signature. 4.31 Sec. 22. The style of all laws of this state shall be: "Be 4.32 it enacted by the legislature of the state of Minnesota." No 4.33 law shall be passed unless voted for by a majority of all the4.34 members elected to each house ofthe legislature, and the vote 4.35 entered in the journal of each house. 4.36 Sec. 23. Every bill passed in conformity to the rules of5.1 each house and the joint rulesof the two houseslegislature 5.2 shall be presented to the governor. If he approves a bill, he 5.3 shall sign it, deposit it in the office of the secretary of 5.4 state and notify the house in which it originatedlegislature of 5.5 that fact. If he vetoes a bill, he shall return it with his 5.6 objections to the house in which it originatedlegislature. His 5.7 objections shall be entered in the journal. If, after 5.8 reconsideration, two-thirds of that housethe legislature agree 5.9 to pass the bill, it shall be sent, together with the governor's5.10 objections, to the other house, which shall likewise reconsider5.11 it. If approved by two-thirds of that houseit becomes a law 5.12 and shall be deposited in the office of the secretary of state. 5.13 In such cases the votes of both housesshall be determined by 5.14 yeas and nays, and the names of the persons voting for or 5.15 against the bill shall be entered in the journal of each house. 5.16 Any bill not returned by the governor within three days (Sundays 5.17 excepted) after it is presented to him becomes a law as if he 5.18 had signed it, unless the legislature by adjournment within that 5.19 time prevents its return. Any bill passed during the last three 5.20 days of a session may be presented to the governor during the 5.21 three days following the day of final adjournment and becomes 5.22 law if the governor signs and deposits it in the office of the 5.23 secretary of state within 14 days after the adjournment of the 5.24 legislature. Any bill passed during the last three days of the 5.25 session which is not signed and deposited within 14 days after 5.26 adjournment does not become a law. 5.27 If a bill presented to the governor contains several items 5.28 of appropriation of money, he may veto one or more of the items 5.29 while approving the bill. At the time he signs the bill the 5.30 governor shall append to it a statement of the items he vetoes 5.31 and the vetoed items shall not take effect. If the legislature 5.32 is in session, he shall transmit to the house in which the bill5.33 originatedit a copy of the statement, and the items vetoed 5.34 shall be separately reconsidered. If on reconsideration any 5.35 item is approved by two-thirds of the members elected to each5.36 house, it is a part of the law notwithstanding the objections of 6.1 the governor. 6.2 Sec. 24. Each order, resolution or vote requiring the6.3 concurrence of the two housesexcept such as relate to the 6.4 business or adjournment of the legislature shall be presented to 6.5 the governor and is subject to his veto as prescribed in case of 6.6 a bill. 6.7 Sec. 25. During a session each housethe legislature may 6.8 punish by imprisonment for not more than 24 hours any person not 6.9 a member who is guilty of any disorderly or contemptuous 6.10 behavior in its presence. 6.11 Sec. 26. Passage of a general banking law requires the 6.12 vote of two-thirds of the members of each house ofthe 6.13 legislature. 6.14 article V, section 3, will read: 6.15 Sec. 3. The governor shall communicate by message to each 6.16 session of the legislature information touching the state and 6.17 country. He is commander-in-chief of the military and naval 6.18 forces and may call them out to execute the laws, suppress 6.19 insurrection and repel invasion. He may require the opinion in 6.20 writing of the principal officer in each of the executive 6.21 departments upon any subject relating to his duties. With the 6.22 advice and consent of the senatelegislature he may appoint 6.23 notaries public and other officers provided by law. He may 6.24 appoint commissioners to take the acknowledgment of deeds or 6.25 other instruments in writing to be used in the state. He shall 6.26 take care that the laws be faithfully executed. He shall fill 6.27 any vacancy that may occur in the offices of secretary of state, 6.28 auditor, attorney general and the other state and district 6.29 offices hereafter created by law until the end of the term for 6.30 which the person who had vacated the office was elected or the 6.31 first Monday in January following the next general election, 6.32 whichever is sooner, and until a successor is chosen and 6.33 qualified. 6.34 article V, section 5, will read: 6.35 Sec. 5. In case a vacancy occurs from any cause whatever 6.36 in the office of governor, the lieutenant governor shall be 7.1 governor during such vacancy. The compensation of the 7.2 lieutenant governor shall be prescribed by law. The last 7.3 elected presiding officer of the senatelegislature shall become 7.4 lieutenant governor in case a vacancy occurs in that office. In 7.5 case the governor is unable to discharge the powers and duties 7.6 of his office, the same devolves on the lieutenant governor. 7.7 The legislature may provide by law for the case of the removal, 7.8 death, resignation, or inability both of the governor and 7.9 lieutenant governor to discharge the duties of governor and may 7.10 provide by law for continuity of government in periods of 7.11 emergency resulting from disasters caused by enemy attack in 7.12 this state, including but not limited to, succession to the 7.13 powers and duties of public office and change of the seat of 7.14 government. 7.15 article VIII, section 1, will read: 7.16 Section 1. The house of representativeslegislature has 7.17 the sole power of impeachment through a concurrence of a 7.18 majority of all its members. All impeachments shall be tried by 7.19 the senatelegislature. When sitting for that purpose, senators7.20 members shall be upon oath or affirmation to do justice 7.21 according to law and evidence. No person shall be convicted 7.22 without the concurrence of two-thirds of the senatorsmembers 7.23 present. 7.24 article IX, section 1, will read: 7.25 Section 1. A majority of the members elected to each house7.26 ofthe legislature may propose amendments to this constitution. 7.27 Proposed amendments shall be published with the laws passed at 7.28 the same session and submitted to the people for their approval 7.29 or rejection at a general election. If a majority of all the 7.30 electors voting at the election vote to ratify an amendment, it 7.31 becomes a part of this constitution. If two or more amendments 7.32 are submitted at the same time, voters shall vote for or against 7.33 each separately. 7.34 article IX, section 2, will read: 7.35 Sec. 2. Two-thirds of the members elected to each house of7.36 the legislature may submit to the electors at the next general 8.1 election the question of calling a convention to revise this 8.2 constitution. If a majority of all the electors voting at the 8.3 election vote for a convention, the legislature at its next 8.4 session, shall provide by law for calling the convention. The 8.5 convention shall consist of as many delegates as there are 8.6 members of the house of representatives. Delegates shall be 8.7 chosen in the same manner as members of the house of8.8 representativeslegislature and shall meet within three months 8.9 after their election. Section 5 of Article IV of the 8.10 constitution does not apply to election to the convention. 8.11 article XI, section 5, will read: 8.12 Sec. 5. Public debt may be contracted and works of 8.13 internal improvements carried on for the following purposes: 8.14 (a) to acquire and to better public land and buildings and 8.15 other public improvements of a capital nature and to provide 8.16 money to be appropriated or loaned to any agency or political 8.17 subdivision of the state for such purposes if the law 8.18 authorizing the debt is adopted by the vote of at least 8.19 three-fifths of the members of each houseof the legislature; 8.20 (b) to repel invasion or suppress insurrection; 8.21 (c) to borrow temporarily as authorized in section 6; 8.22 (d) to refund outstanding bonds of the state or any of its 8.23 agencies whether or not the full faith and credit of the state 8.24 has been pledged for the payment of the bonds; 8.25 (e) to establish and maintain highways subject to the 8.26 limitations of article XIV; 8.27 (f) to promote forestation and prevent and abate forest 8.28 fires, including the compulsory clearing and improving of wild 8.29 lands whether public or private; 8.30 (g) to construct, improve and operate airports and other 8.31 air navigation facilities; 8.32 (h) to develop the state's agricultural resources by 8.33 extending credit on real estate security in the manner and on 8.34 the terms and conditions prescribed by law; 8.35 (i) to improve and rehabilitate railroad rights-of-way and 8.36 other rail facilities whether public or private, provided that 9.1 bonds issued and unpaid shall not at any time exceed 9.2 $200,000,000 par value; and 9.3 (j) as otherwise authorized in this constitution. 9.4 As authorized by law political subdivisions may engage in 9.5 the works permitted by (f), (g), and (i) and contract debt 9.6 therefor. 9.7 Sec. 2. [BALLOT PROPOSITION; SCHEDULE.] 9.8 The proposed amendment shall be submitted to the people at 9.9 the 2002 general election. If the amendment is adopted, it 9.10 shall apply to legislators whose terms begin in 2007 and 9.11 thereafter. The question submitted shall be: 9.12 "Shall the Minnesota Constitution be amended to provide 9.13 that the Minnesota House of Representatives and Senate be 9.14 replaced by a single legislative body, beginning in 2007? 9.15 Yes ....... 9.16 No ........" 9.17 Sec. 3. Minnesota Statutes 2000, section 2.021, is amended 9.18 to read: 9.19 2.021 [NUMBER OF MEMBERS.] 9.20 For each legislature, until a new apportionment shall have9.21 been made,The senate is composed of 67 members and the house of9.22 representativeslegislature is composed of 134 members. 9.23 Sec. 4. Minnesota Statutes 2000, section 2.031, 9.24 subdivision 1, is amended to read: 9.25 Subdivision 1. [LEGISLATIVE DISTRICTS.] The 9.26 representativesrepresentation in the senate and house of9.27 representatives arelegislature is apportioned throughout the 9.28 state in 67 senate districts and134 housedistricts. 9.29 Each senatedistrict is entitled to elect one senator and each9.30 house district is entitled to elect one representativemember. 9.31 Sec. 5. [EFFECTIVE DATE.] 9.32 If the amendment proposed by section 1 is adopted, sections 9.33 3 and 4 are effective for legislators whose terms begin in 2007 9.34 and thereafter.