HF 145

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; providing for term 
  1.3             limits; changing legislative and other lawmaking 
  1.4             procedures; proposing constitutional amendments to 
  1.5             provide biennial legislative sessions, a unicameral 
  1.6             legislature, regulation of legislative procedures by 
  1.7             law, and term limits; providing for committee chairs' 
  1.8             terms, members' per diems, other legislative 
  1.9             procedures, and certain conflicts of interest; 
  1.10            changing membership of the legislative audit 
  1.11            commission; changing the date of the state primary; 
  1.12            clarifying the prohibition against misuse of state 
  1.13            publications; fixing the date for school district 
  1.14            special elections; proposing amendments to the 
  1.15            Minnesota Constitution, article IV; article V, 
  1.16            sections 2, 3, 4, and 5; article VIII, section 1; 
  1.17            article IX, sections 1 and 2; and article XI, section 
  1.18            5; amending Minnesota Statutes 1996, sections 2.021; 
  1.19            2.031, subdivision 1; 3.099, subdivision 1; 3.196; 
  1.20            3.97, subdivision 2; 10A.07, subdivision 2; 16B.52, by 
  1.21            adding a subdivision; 204B.33; 204D.03, subdivision 1; 
  1.22            and 205A.05, subdivision 1; proposing coding for new 
  1.23            law in Minnesota Statutes, chapter 3. 
  1.24  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.25                             ARTICLE 1 
  1.26                   BIENNIAL LEGISLATIVE SESSIONS 
  1.27     Section 1.  [CONSTITUTIONAL AMENDMENT.] 
  1.28     An amendment to the Minnesota Constitution, article IV, 
  1.29  section 12, is proposed to the people.  If the amendment is 
  1.30  adopted, the section will read: 
  1.31     Sec. 12.  The legislature shall meet at the seat of 
  1.32  government in regular session in the odd-numbered year of each 
  1.33  biennium at the times prescribed by law for not exceeding a 
  1.34  total of 120 legislative days.  The legislature shall not meet 
  2.1   in regular session, nor in any adjournment thereof, after the 
  2.2   first Monday following the third Saturday in May of any the 
  2.3   odd-numbered year.  After meeting at a time prescribed by law, 
  2.4   the legislature may adjourn to another time.  "Legislative day" 
  2.5   shall be defined by law.  A special session of the legislature 
  2.6   may be called by the governor on extraordinary occasions. 
  2.7      Neither house during a session of the legislature shall 
  2.8   adjourn for more than three days (Sundays excepted) nor to any 
  2.9   other place than that in which the two houses shall be assembled 
  2.10  without the consent of the other house. 
  2.11     Sec. 2.  [SUBMISSION TO VOTERS.] 
  2.12     The proposed amendment shall be submitted to the people at 
  2.13  the 1998 general election.  The question proposed shall be: 
  2.14     "Shall the Minnesota Constitution be amended to limit the 
  2.15  legislature to meet in regular session only in odd-numbered 
  2.16  years? 
  2.17                                     Yes .......
  2.18                                     No ........"
  2.19                             ARTICLE 2 
  2.20                       UNICAMERAL LEGISLATURE 
  2.21     Section 1.  [CONSTITUTIONAL AMENDMENT.] 
  2.22     Subdivision 1.  [PROPOSAL TO PEOPLE.] An amendment to the 
  2.23  Minnesota Constitution is proposed to the people. 
  2.24     Subd. 2.  [CHANGES TO ARTICLE IV.] If the amendment is 
  2.25  adopted, article IV will read: 
  2.26     Section 1.  The legislature consists of the senate and 
  2.27  house of representatives one house. 
  2.28     Sec. 2.  The number of members who compose the senate and 
  2.29  house of representatives legislature shall be prescribed by law. 
  2.30  The representation in both houses shall be apportioned equally 
  2.31  throughout the different sections of the state in proportion to 
  2.32  the population thereof. 
  2.33     Sec. 3.  At its first session after each enumeration of the 
  2.34  inhabitants of this state made by the authority of the United 
  2.35  States, the legislature shall have the power to prescribe the 
  2.36  bounds of congressional and legislative districts.  Senators 
  3.1   Members shall be chosen by single districts of convenient 
  3.2   contiguous territory.  No representative district shall be 
  3.3   divided in the formation of a senate district.  The senate 
  3.4   districts shall be numbered in a regular series. 
  3.5      Sec. 4.  Representatives Members shall be chosen for a term 
  3.6   of two years, except to fill a vacancy.  Senators shall be 
  3.7   chosen for a term of four years, except to fill a vacancy and 
  3.8   except there shall be an entire new election of all the senators 
  3.9   at the first election of representatives after each new 
  3.10  legislative apportionment provided for in this article.  The 
  3.11  governor shall call elections to fill vacancies in either house 
  3.12  of the legislature. 
  3.13     Sec. 5.  No senator or representative member shall hold any 
  3.14  other office under the authority of the United States or the 
  3.15  state of Minnesota, except that of postmaster or of notary 
  3.16  public.  If elected or appointed to another office, a legislator 
  3.17  may resign from the legislature by tendering his resignation to 
  3.18  the governor. 
  3.19     Sec. 6.  Senators and representatives Members shall be 
  3.20  qualified voters of the state, and shall have resided one year 
  3.21  in the state and six months immediately preceding the election 
  3.22  in the district from which elected.  Each house The legislature 
  3.23  shall be the judge of the election returns and eligibility of 
  3.24  its own members.  The legislature shall prescribe by law the 
  3.25  manner for taking evidence in cases of contested seats in either 
  3.26  house. 
  3.27     Sec. 7.  Each house The legislature may determine the rules 
  3.28  of its proceedings, sit upon its own adjournment, punish its 
  3.29  members for disorderly behavior, and with the concurrence of 
  3.30  two-thirds expel a member; but no member shall be expelled a 
  3.31  second time for the same offense. 
  3.32     Sec. 8.  Each member and officer of the legislature before 
  3.33  entering upon his duties shall take an oath or affirmation to 
  3.34  support the Constitution of the United States, the constitution 
  3.35  of this state, and to discharge faithfully the duties of his 
  3.36  office to the best of his judgment and ability. 
  4.1      Sec. 9.  The compensation of senators and representatives 
  4.2   members shall be prescribed by law.  No increase of compensation 
  4.3   shall take effect during the period for which the members of the 
  4.4   existing house of representatives legislature may have been 
  4.5   elected. 
  4.6      Sec. 10.  The members of each house the legislature in all 
  4.7   cases except treason, felony and breach of the peace, shall be 
  4.8   privileged from arrest during the session of their respective 
  4.9   houses and in going to or returning from the same.  For any 
  4.10  speech or debate in either house the legislature they shall not 
  4.11  be questioned in any other place. 
  4.12     Sec. 11.  Two or more members of either house the 
  4.13  legislature may dissent and protest against any act or 
  4.14  resolution which they think injurious to the public or to any 
  4.15  individual and have the reason of their dissent entered in the 
  4.16  journal. 
  4.17     Sec. 12.  The legislature shall meet at the seat of 
  4.18  government in regular session in each biennium at the times 
  4.19  prescribed by law for not exceeding a total of 120 legislative 
  4.20  days.  The legislature shall not meet in regular session, nor in 
  4.21  any adjournment thereof, after the first Monday following the 
  4.22  third Saturday in May of any year.  After meeting at a time 
  4.23  prescribed by law, the legislature may adjourn to another time.  
  4.24  "Legislative day" shall be defined by law.  A special session of 
  4.25  the legislature may be called by the governor on extraordinary 
  4.26  occasions. 
  4.27     Neither house during a session of the legislature shall 
  4.28  adjourn for more than three days (Sundays excepted) nor to any 
  4.29  other place than that in which the two houses shall be assembled 
  4.30  without the consent of the other house. 
  4.31     Sec. 13.  A majority of each house the legislature 
  4.32  constitutes a quorum to transact business, but a smaller number 
  4.33  may adjourn from day to day and compel the attendance of absent 
  4.34  members in the manner and under the penalties it may provide. 
  4.35     Sec. 14.  Each house The legislature shall be open to the 
  4.36  public during its sessions except in cases which in its opinion 
  5.1   require secrecy. 
  5.2      Sec. 15.  Each house The legislature shall elect its 
  5.3   presiding officer and other officers as may be provided by law.  
  5.4   Both houses It shall keep journals of their its proceedings, and 
  5.5   from time to time publish the same, and the yeas and nays, when 
  5.6   taken on any question, shall be entered in the journals journal. 
  5.7      Sec. 16.  In all elections by the legislature members shall 
  5.8   vote viva voce and their votes shall be entered in the journal. 
  5.9      Sec. 17.  No law shall embrace more than one subject, which 
  5.10  shall be expressed in its title. 
  5.11     Sec. 18.  All bills for raising revenue shall originate in 
  5.12  the house of representatives, but the senate may propose and 
  5.13  concur with the amendments as on other bills. 
  5.14     Sec. 19.  Every bill shall be reported on three different 
  5.15  days in each house the legislature, unless, in case of urgency, 
  5.16  two-thirds of the house where the bill is pending legislature 
  5.17  deem it expedient to dispense with this rule. 
  5.18     Sec. 20.  Every bill passed by both houses the legislature 
  5.19  shall be enrolled and signed by the presiding officer of each 
  5.20  house.  Any presiding officer refusing to sign a bill passed by 
  5.21  both houses shall thereafter be disqualified from any office of 
  5.22  honor or profit in the state.  Each house The legislature by 
  5.23  rule shall provide the manner in which a bill shall be certified 
  5.24  for presentation to the governor in case of such refusal. 
  5.25     Sec. 21.  No bill shall be passed by either house upon the 
  5.26  day prescribed for adjournment.  This section shall not preclude 
  5.27  the enrollment of a bill or its transmittal from one house to 
  5.28  the other or to the executive for his signature. 
  5.29     Sec. 22.  The style of all laws of this state shall be: "Be 
  5.30  it enacted by the legislature of the state of Minnesota."  No 
  5.31  law shall be passed unless voted for by a majority of all the 
  5.32  members elected to each house of the legislature, and the vote 
  5.33  entered in the journal of each house. 
  5.34     Sec. 23.  Every bill passed in conformity to the rules of 
  5.35  each house and the joint rules of the two houses legislature 
  5.36  shall be presented to the governor.  If he approves a bill, he 
  6.1   shall sign it, deposit it in the office of the secretary of 
  6.2   state and notify the house in which it originated legislature of 
  6.3   that fact.  If he vetoes a bill, he shall return it with his 
  6.4   objections to the house in which it originated legislature.  His 
  6.5   objections shall be entered in the journal.  If, after 
  6.6   reconsideration, two-thirds of that house the legislature agree 
  6.7   to pass the bill, it shall be sent, together with the governor's 
  6.8   objections, to the other house, which shall likewise reconsider 
  6.9   it.  If approved by two-thirds of that house it becomes a law 
  6.10  and shall be deposited in the office of the secretary of state.  
  6.11  In such cases the votes of both houses shall be determined by 
  6.12  yeas and nays, and the names of the persons voting for or 
  6.13  against the bill shall be entered in the journal of each house.  
  6.14  Any bill not returned by the governor within three days (Sundays 
  6.15  excepted) after it is presented to him becomes a law as if he 
  6.16  had signed it, unless the legislature by adjournment within that 
  6.17  time prevents its return.  Any bill passed during the last three 
  6.18  days of a session may be presented to the governor during the 
  6.19  three days following the day of final adjournment and becomes 
  6.20  law if the governor signs and deposits it in the office of the 
  6.21  secretary of state within 14 days after the adjournment of the 
  6.22  legislature.  Any bill passed during the last three days of the 
  6.23  session which is not signed and deposited within 14 days after 
  6.24  adjournment does not become a law. 
  6.25     If a bill presented to the governor contains several items 
  6.26  of appropriation of money, he may veto one or more of the items 
  6.27  while approving the bill.  At the time he signs the bill the 
  6.28  governor shall append to it a statement of the items he vetoes 
  6.29  and the vetoed items shall not take effect.  If the legislature 
  6.30  is in session, he shall transmit to the house in which the bill 
  6.31  originated it a copy of the statement, and the items vetoed 
  6.32  shall be separately reconsidered.  If on reconsideration any 
  6.33  item is approved by two-thirds of the members elected to each 
  6.34  house, it is a part of the law notwithstanding the objections of 
  6.35  the governor. 
  6.36     Sec. 24.  Each order, resolution or vote requiring the 
  7.1   concurrence of the two houses except such as relate to the 
  7.2   business or adjournment of the legislature shall be presented to 
  7.3   the governor and is subject to his veto as prescribed in case of 
  7.4   a bill. 
  7.5      Sec. 25.  During a session each house the legislature may 
  7.6   punish by imprisonment for not more than 24 hours any person not 
  7.7   a member who is guilty of any disorderly or contemptuous 
  7.8   behavior in its presence. 
  7.9      Sec. 26.  Passage of a general banking law requires the 
  7.10  vote of two-thirds of the members of each house of the 
  7.11  legislature. 
  7.12     Subd. 3.  [CHANGES TO ARTICLE V.] If the amendment is 
  7.13  adopted, article V, sections 3 and 5, will read: 
  7.14     Sec. 3.  The governor shall communicate by message to each 
  7.15  session of the legislature information touching the state and 
  7.16  country.  He is commander-in-chief of the military and naval 
  7.17  forces and may call them out to execute the laws, suppress 
  7.18  insurrection and repel invasion.  He may require the opinion in 
  7.19  writing of the principal officer in each of the executive 
  7.20  departments upon any subject relating to his duties.  With the 
  7.21  advice and consent of the senate legislature he may appoint 
  7.22  notaries public and other officers provided by law. He may 
  7.23  appoint commissioners to take the acknowledgment of deeds or 
  7.24  other instruments in writing to be used in the state.  He shall 
  7.25  take care that the laws be faithfully executed.  He shall fill 
  7.26  any vacancy that may occur in the offices of secretary of state, 
  7.27  treasurer, auditor, attorney general and the other state and 
  7.28  district offices hereafter created by law until the end of the 
  7.29  term for which the person who had vacated the office was elected 
  7.30  or the first Monday in January following the next general 
  7.31  election, whichever is sooner, and until a successor is chosen 
  7.32  and qualified. 
  7.33     Sec. 5.  In case a vacancy occurs from any cause whatever 
  7.34  in the office of governor, the lieutenant governor shall be 
  7.35  governor during such vacancy.  The compensation of the 
  7.36  lieutenant governor shall be prescribed by law.  The last 
  8.1   elected presiding officer of the senate legislature shall become 
  8.2   lieutenant governor in case a vacancy occurs in that office. In 
  8.3   case the governor is unable to discharge the powers and duties 
  8.4   of his office, the same devolves on the lieutenant governor.  
  8.5   The legislature may provide by law for the case of the removal, 
  8.6   death, resignation, or inability both of the governor and 
  8.7   lieutenant governor to discharge the duties of governor and may 
  8.8   provide by law for continuity of government in periods of 
  8.9   emergency resulting from disasters caused by enemy attack in 
  8.10  this state, including but not limited to, succession to the 
  8.11  powers and duties of public office and change of the seat of 
  8.12  government. 
  8.13     Subd. 4.  [CHANGE TO ARTICLE VIII.] If the amendment is 
  8.14  adopted, article VIII, section 1, will read: 
  8.15     Section 1.  The house of representatives legislature has 
  8.16  the sole power of impeachment through a concurrence of a 
  8.17  majority of all its members.  All impeachments shall be tried by 
  8.18  the senate legislature.  When sitting for that purpose, senators 
  8.19  members shall be upon oath or affirmation to do justice 
  8.20  according to law and evidence.  No person shall be convicted 
  8.21  without the concurrence of two-thirds of the senators members 
  8.22  present. 
  8.23     Subd. 5.  [CHANGES TO ARTICLE IX.] If the amendment is 
  8.24  adopted, article IX, sections 1 and 2, will read: 
  8.25     Section 1.  A majority of the members elected to each house 
  8.26  of the legislature may propose amendments to this constitution.  
  8.27  Proposed amendments shall be published with the laws passed at 
  8.28  the same session and submitted to the people for their approval 
  8.29  or rejection at a general election.  If a majority of all the 
  8.30  electors voting at the election vote to ratify an amendment, it 
  8.31  becomes a part of this constitution.  If two or more amendments 
  8.32  are submitted at the same time, voters shall vote for or against 
  8.33  each separately. 
  8.34     Sec. 2.  Two-thirds of the members elected to each house of 
  8.35  the legislature may submit to the electors at the next general 
  8.36  election the question of calling a convention to revise this 
  9.1   constitution.  If a majority of all the electors voting at the 
  9.2   election vote for a convention, the legislature at its next 
  9.3   session, shall provide by law for calling the convention.  The 
  9.4   convention shall consist of as many delegates as there are 
  9.5   members of the house of representatives.  Delegates shall be 
  9.6   chosen in the same manner as members of the house of 
  9.7   representatives legislature and shall meet within three months 
  9.8   after their election.  Section 5 of Article IV of the 
  9.9   constitution does not apply to election to the convention. 
  9.10     Subd. 6.  [CHANGE TO ARTICLE XI.] If the amendment is 
  9.11  adopted, article XI, section 5, will read: 
  9.12     Sec. 5.  Public debt may be contracted and works of 
  9.13  internal improvements carried on for the following purposes: 
  9.14     (a) to acquire and to better public land and buildings and 
  9.15  other public improvements of a capital nature and to provide 
  9.16  money to be appropriated or loaned to any agency or political 
  9.17  subdivision of the state for such purposes if the law 
  9.18  authorizing the debt is adopted by the vote of at least 
  9.19  three-fifths of the members of each house of the legislature; 
  9.20     (b) to repel invasion or suppress insurrection; 
  9.21     (c) to borrow temporarily as authorized in section 6; 
  9.22     (d) to refund outstanding bonds of the state or any of its 
  9.23  agencies whether or not the full faith and credit of the state 
  9.24  has been pledged for the payment of the bonds; 
  9.25     (e) to establish and maintain highways subject to the 
  9.26  limitations of article XIV; 
  9.27     (f) to promote forestation and prevent and abate forest 
  9.28  fires, including the compulsory clearing and improving of wild 
  9.29  lands whether public or private; 
  9.30     (g) to construct, improve and operate airports and other 
  9.31  air navigation facilities; 
  9.32     (h) to develop the state's agricultural resources by 
  9.33  extending credit on real estate security in the manner and on 
  9.34  the terms and conditions prescribed by law; 
  9.35     (i) to improve and rehabilitate railroad rights-of-way and 
  9.36  other rail facilities whether public or private, provided that 
 10.1   bonds issued and unpaid shall not at any time exceed 
 10.2   $200,000,000 par value; and 
 10.3      (j) as otherwise authorized in this constitution. 
 10.4      As authorized by law political subdivisions may engage in 
 10.5   the works permitted by (f), (g), and (i) and contract debt 
 10.6   therefor. 
 10.7      Sec. 2.  [BALLOT PROPOSITION; SCHEDULE.] 
 10.8      The proposed amendment shall be submitted to the people at 
 10.9   the 1998 general election.  If the amendment is adopted, it 
 10.10  shall apply to legislatures elected to serve in 2001 and 
 10.11  thereafter.  The question proposed shall be: 
 10.12     "Shall the Minnesota Constitution be amended to provide 
 10.13  that after the year 2000 the Minnesota House of Representatives 
 10.14  and Senate be combined and a single legislative body be created? 
 10.15                                     Yes .......
 10.16                                     No ........"
 10.17     Sec. 3.  Minnesota Statutes 1996, section 2.021, is amended 
 10.18  to read: 
 10.19     2.021 [NUMBER OF MEMBERS.] 
 10.20     For each legislature, until a new apportionment shall have 
 10.21  been made, The senate legislature is composed of 67 135 
 10.22  members and the house of representatives is composed of 134 
 10.23  members. 
 10.24     Sec. 4.  Minnesota Statutes 1996, section 2.031, 
 10.25  subdivision 1, is amended to read: 
 10.26     Subdivision 1.  [LEGISLATIVE DISTRICTS.] The 
 10.27  representatives representation in the senate and house of 
 10.28  representatives are legislature is apportioned throughout the 
 10.29  state in 67 senate 135 districts and 134 house districts.  
 10.30  Each senate district is entitled to elect one senator and each 
 10.31  house district is entitled to elect one representative member. 
 10.32     Sec. 5.  [EFFECTIVE DATE.] 
 10.33     If the amendment proposed by section 1 is adopted, sections 
 10.34  3 and 4 shall be effective for legislatures elected to serve in 
 10.35  2001 and thereafter. 
 10.36                             ARTICLE 3 
 11.1                          LEGISLATIVE RULES 
 11.2      Section 1.  [CONSTITUTIONAL AMENDMENT.] 
 11.3      An amendment to the Minnesota Constitution, article IV, 
 11.4   section 7, is proposed to the people.  If the amendment is 
 11.5   adopted, the section will read:  
 11.6      Sec. 7.  Unless the legislature is excepted, each general 
 11.7   law that applies to the operation of state or local government 
 11.8   applies to the legislature.  If no general law or special law 
 11.9   relating to the legislature applies, each house may determine 
 11.10  the rules of its proceedings,.  Each house may sit upon its own 
 11.11  adjournment, punish its members for disorderly behavior, and 
 11.12  with the concurrence of two-thirds expel a member; but no member 
 11.13  shall be expelled a second time for the same offense. 
 11.14     Sec. 2.  [QUESTION AND SCHEDULE.] 
 11.15     The proposed amendment shall be submitted to the people at 
 11.16  the 1998 general election.  If approved, the amendment shall 
 11.17  take effect August 1, 1999.  The question proposed shall be:  
 11.18     "Shall the Minnesota Constitution be amended to allow the 
 11.19  rules governing the business of the legislature to be provided 
 11.20  by law? 
 11.21                                     Yes .......
 11.22                                     No ........"
 11.23                             ARTICLE 4 
 11.24                            TERM LIMITS 
 11.25     Section 1.  [CONSTITUTIONAL AMENDMENT.] 
 11.26     An amendment to the Minnesota Constitution, article IV, 
 11.27  section 4, and article V, sections 2 and 4, is proposed to the 
 11.28  people.  If the amendment is adopted, article IV, section 4, 
 11.29  will read: 
 11.30     Sec. 4.  Representatives shall be chosen for a term of two 
 11.31  years, except to fill a vacancy.  Senators shall be chosen for a 
 11.32  term of four years, except to fill a vacancy and except there 
 11.33  shall be an entire new election of all the senators at the first 
 11.34  election of representatives after each new legislative 
 11.35  apportionment provided for in this article.  No person may be 
 11.36  elected to terms in the house of representatives or senate that 
 12.1   extend over more than 12 consecutive years.  The governor shall 
 12.2   call elections to fill vacancies in either house of the 
 12.3   legislature. 
 12.4      article V, section 2, will read: 
 12.5      Sec. 2.  The term of office for the governor and lieutenant 
 12.6   governor is four years and until a successor is chosen and 
 12.7   qualified.  No person may be elected to terms as governor that 
 12.8   extend over more than 12 consecutive years or terms as 
 12.9   lieutenant governor that extend over more than 12 consecutive 
 12.10  years.  Each shall have attained the age of 25 years and, shall 
 12.11  have been a bona fide resident of the state for one year next 
 12.12  preceding his election, and shall be a citizen of the United 
 12.13  States. 
 12.14     and article V, section 4, will read: 
 12.15     Sec. 4.  The term of office of the secretary of state, 
 12.16  treasurer, attorney general and state auditor is four years and 
 12.17  until a successor is chosen and qualified.  No person may be 
 12.18  elected to terms in any one of the offices of secretary of 
 12.19  state, state treasurer, attorney general, or state auditor that 
 12.20  extend over more than 12 consecutive years.  The duties and 
 12.21  salaries of the executive officers shall be prescribed by law. 
 12.22     Sec. 2.  [SCHEDULE AND QUESTION.] 
 12.23     The amendment shall be submitted to the people at the 1998 
 12.24  general election.  
 12.25     All terms served shall be counted in the determination of 
 12.26  the limits imposed by the amendment.  The amendment applies to 
 12.27  candidates at the general election in 2000 and thereafter.  
 12.28     The question proposed shall be: 
 12.29     "Shall the Minnesota Constitution be amended to place 
 12.30  limits on the terms of office of state legislators and executive 
 12.31  officers? 
 12.32                                     Yes .......
 12.33                                     No ........"
 12.34                             ARTICLE 5 
 12.35                       LEGISLATIVE PROCEDURES
 12.36     Section 1.  [3.053] [ROTATION OF COMMITTEE AND DIVISION 
 13.1   CHAIRS.] 
 13.2      Subdivision 1.  [HOUSE OF REPRESENTATIVES.] A member of the 
 13.3   house of representatives may not serve as the chair of the same 
 13.4   standing committee, or a standing committee with substantially 
 13.5   the same jurisdiction, during more than three consecutive 
 13.6   regular biennial sessions.  Service as the chair before the 80th 
 13.7   legislature does not count in applying this limitation.  Service 
 13.8   during a biennial session for less than three months does not 
 13.9   count in applying this limitation. 
 13.10     Subd. 2.  [SENATE.] A member of the senate may not serve as 
 13.11  the chair of a standing committee or a division of a standing 
 13.12  committee, or a committee or division with substantially the 
 13.13  same jurisdiction, for more than two consecutive senate terms.  
 13.14  This limit applies to time served as a chair in the 79th 
 13.15  legislature and thereafter.  
 13.16     Sec. 2.  Minnesota Statutes 1996, section 3.099, 
 13.17  subdivision 1, is amended to read: 
 13.18     Subdivision 1.  [PAY DAYS; MILEAGE; PER DIEM.] The 
 13.19  compensation of each member of the legislature is due on the 
 13.20  first day of the regular legislative session of the term and 
 13.21  payable in equal parts on January 15, in the first month of each 
 13.22  term and on the first day of each following month during the 
 13.23  term for which the member was elected.  The compensation of each 
 13.24  member of the legislature elected at a special election is due 
 13.25  on the day the member takes the oath of office and payable 
 13.26  within ten days of taking the oath for the remaining part of the 
 13.27  month in which the oath was taken, and then in equal parts on 
 13.28  the first day of each following month during the term for which 
 13.29  the member was elected. 
 13.30     Each member shall receive mileage for necessary travel to 
 13.31  the place of meeting and returning to the member's residence in 
 13.32  the amount and for trips as authorized by the senate for senate 
 13.33  members and by the house of representatives for house members. 
 13.34     Each member shall also receive per diem living expenses for 
 13.35  each day that the house to which the member belongs meets during 
 13.36  a regular or special session of the legislature in the amounts 
 14.1   and for the purposes as determined by the senate for senate 
 14.2   members and by the house of representatives for house members. 
 14.3      On January 15 in the first month of each term and on the 
 14.4   first day of each following month, the secretary of the senate 
 14.5   and the chief clerk of the house of representatives shall 
 14.6   certify to the commissioner of finance, in duplicate, the amount 
 14.7   of compensation then payable to each member of their respective 
 14.8   houses and its total. 
 14.9      Sec. 3.  Minnesota Statutes 1996, section 3.196, is amended 
 14.10  to read: 
 14.11     3.196 [AUDITS.] 
 14.12     The house of representatives and the senate shall each 
 14.13  contract with the state auditor or a certified public accountant 
 14.14  to perform an audit at least biennially. 
 14.15     Sec. 4.  Minnesota Statutes 1996, section 3.97, subdivision 
 14.16  2, is amended to read: 
 14.17     Subd. 2.  The legislative audit commission is created.  The 
 14.18  commission consists of: 
 14.19     (1) the majority leader of the senate and the president of 
 14.20  the senate or their designees; 
 14.21     (2) the chair of the senate committee on taxes or a 
 14.22  designee who is a member of the committee; 
 14.23     (3) the chair of the senate committee on governmental 
 14.24  operations and reform or a designee who is a member of the 
 14.25  committee; 
 14.26     (4) the chair of the senate committee on finance or a 
 14.27  designee who is a member of the committee; 
 14.28     (5) three five members of the senate appointed by the 
 14.29  senate minority leader; 
 14.30     (6) the speaker of the house and the chair of the house 
 14.31  committee on rules or their designees; 
 14.32     (7) the chair of the house committee on taxes or a designee 
 14.33  who is a member of the committee; 
 14.34     (8) the chair of the house committee on governmental 
 14.35  operations and gaming or a designee who is a member of the 
 14.36  committee; 
 15.1      (9) the chair of the house ways and means committee or a 
 15.2   designee who is a member of the committee; and 
 15.3      (10) three five members of the house appointed by the house 
 15.4   minority leader.  
 15.5   The appointed members of the commission shall serve for a term 
 15.6   commencing upon appointment and expiring at the opening of the 
 15.7   next regular session of the legislature in the odd-numbered year 
 15.8   and until a successor is appointed.  A vacancy in the membership 
 15.9   of the commission shall be filled for the unexpired term in a 
 15.10  manner that will preserve the representation established by this 
 15.11  subdivision.  
 15.12     The commission shall elect its chair and other officers as 
 15.13  it may determine necessary.  It shall meet at the call of the 
 15.14  chair or the executive secretary.  The members shall serve 
 15.15  without compensation but be reimbursed for their reasonable 
 15.16  expenses as members of the legislature.  The commission may 
 15.17  exercise the powers prescribed by section 3.153.  
 15.18     Sec. 5.  Minnesota Statutes 1996, section 10A.07, 
 15.19  subdivision 2, is amended to read: 
 15.20     Subd. 2.  [RESOLUTION OF CONFLICTS.] If the official is not 
 15.21  a member of the legislature or of the governing body of a 
 15.22  metropolitan governmental unit, the superior shall assign the 
 15.23  matter, if possible, to another employee who does not have a 
 15.24  potential conflict of interest.  If there is no immediate 
 15.25  superior, the official shall abstain, if possible, in a manner 
 15.26  prescribed by the board from influence over the action or 
 15.27  decision in question.  If the official is a member of the 
 15.28  legislature, the house of service may, at the member's request, 
 15.29  shall excuse the member from taking part in the action or 
 15.30  decision in question.  A member of the legislature may not 
 15.31  author legislation or vote upon any matter in which the member 
 15.32  has a direct or pecuniary interest, including, but not limited 
 15.33  to, matters relating to a member's occupation practiced 
 15.34  concurrently with the member's term. 
 15.35     If the official is not permitted or is otherwise unable to 
 15.36  abstain from action in connection with the matter, the official 
 16.1   shall file a statement describing the potential conflict and the 
 16.2   action taken.  A public official shall file the statement with 
 16.3   the board and a local official shall file the statement with the 
 16.4   governing body of the official's political subdivision.  The 
 16.5   statement must be filed within a week of the action taken. 
 16.6      Sec. 6.  [EFFECTIVE DATE.] 
 16.7      Section 1 is effective January 1, 1998.  Service as a chair 
 16.8   before and after the effective date of section 1 shall be 
 16.9   counted in determining the limits established by section 1. 
 16.10                             ARTICLE 6 
 16.11                           STATE PRIMARY  
 16.12     Section 1.  Minnesota Statutes 1996, section 204B.33, is 
 16.13  amended to read: 
 16.14     204B.33 [NOTICE OF FILING.] 
 16.15     (a) Between June 1 and July 1 in each even numbered year No 
 16.16  later than 15 weeks before the state primary, the secretary of 
 16.17  state shall notify each county auditor of the offices to be 
 16.18  voted for in that county at the next state general election for 
 16.19  which candidates file with the secretary of state.  The notice 
 16.20  shall include the time and place of filing for those offices.  
 16.21  Within ten days after notification by the secretary of state, 
 16.22  each county auditor shall notify each municipal clerk in the 
 16.23  county of all the offices to be voted for in the county at that 
 16.24  election and the time and place for filing for those offices.  
 16.25  The county auditors and municipal clerks shall promptly post a 
 16.26  copy of that notice in their offices. 
 16.27     (b) At least two weeks before the first day to file an 
 16.28  affidavit of candidacy, the county auditor shall publish a 
 16.29  notice stating the first and last dates on which affidavits of 
 16.30  candidacy may be filed in the county auditor's office and the 
 16.31  closing time for filing on the last day for filing.  The county 
 16.32  auditor shall post a similar notice at least ten days before the 
 16.33  first day to file affidavits of candidacy. 
 16.34     Sec. 2.  Minnesota Statutes 1996, section 204D.03, 
 16.35  subdivision 1, is amended to read: 
 16.36     Subdivision 1.  [STATE PRIMARY.] The state primary shall be 
 17.1   held on the first third Tuesday after the second Monday in 
 17.2   September June in each even-numbered year to select the nominees 
 17.3   of the major political parties for partisan offices and the 
 17.4   nominees for nonpartisan offices to be filled at the state 
 17.5   general election, other than presidential electors.  
 17.6                              ARTICLE 7 
 17.7               PROMOTIONAL ACTIVITIES OF STATE OFFICERS 
 17.8      Section 1.  Minnesota Statutes 1996, section 16B.52, is 
 17.9   amended by adding a subdivision to read: 
 17.10     Subd. 6.  [DEFINITION.] As used in this section, 
 17.11  "publication" includes films, video and audio tapes, 
 17.12  computer-generated material, broadcast material, and material 
 17.13  published by use of any other medium. 
 17.14                             ARTICLE 8 
 17.15                 SCHOOL DISTRICT SPECIAL ELECTIONS 
 17.16     Section 1.  Minnesota Statutes 1996, section 205A.05, 
 17.17  subdivision 1, is amended to read: 
 17.18     Subdivision 1.  [QUESTIONS.] Special elections must be held 
 17.19  for a school district on a question on which the voters are 
 17.20  authorized by law to pass judgment.  The school board may on its 
 17.21  own motion call a special election to vote on any matter 
 17.22  requiring approval of the voters of a district.  Upon petition 
 17.23  of 50 or more voters of the school district or five percent of 
 17.24  the number of voters voting at the preceding regular school 
 17.25  district election, the school board shall by resolution call a 
 17.26  special election to vote on any matter requiring approval of the 
 17.27  voters of a district.  A question is carried only with the 
 17.28  majority in its favor required by law.  The election officials 
 17.29  for a special election are the same as for the most recent 
 17.30  school district general election unless changed according to 
 17.31  law.  Otherwise, Special elections must be held on the same date 
 17.32  as the school district general election and must be conducted 
 17.33  and the returns made in the manner provided for the school 
 17.34  district general election.  A special election may not be held 
 17.35  during the 30 days before and the 30 days after the state 
 17.36  primary or state general election, or on the second Tuesday in 
 18.1   December.  In addition, a special election may not be held 
 18.2   during the 20 days before and the 20 days after any regularly 
 18.3   scheduled election of a municipality wholly or partially within 
 18.4   the school district.  Notwithstanding any other law to the 
 18.5   contrary, the time period in which a special election must be 
 18.6   conducted under any other law may be extended by the school 
 18.7   board to conform with the requirements of this subdivision.