as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
|Introduction||Posted on 02/10/1997|
1.1 A bill for an act 1.2 proposing an amendment to the Minnesota Constitution; 1.3 providing for a unicameral legislature; changing 1.4 article IV; article VIII, section 1; article IX, 1.5 sections 1 and 2; and article XI, section 5. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. [CONSTITUTIONAL AMENDMENTS PROPOSED.] 1.8 Subdivision 1. [PROPOSAL TO PEOPLE.] An amendment to the 1.9 Minnesota Constitution is proposed to the people as provided by 1.10 subdivisions 2 to 6. 1.11 Subd. 2. [AMENDMENTS TO ARTICLE IV.] If the amendment is 1.12 adopted, article IV will read as follows: 1.13 Section 1. The legislature consists of the senate
and1.14 house of representatives. 1.15 Sec. 2. The number of members who compose the senate and1.16 house of representativesshall be prescribed by law. The 1.17 representation in both housesshall be apportioned equally 1.18 throughout the different sections of the state in proportion to 1.19 the population thereof. 1.20 Sec. 3. At its first session after each enumeration of the 1.21 inhabitants of this state made by the authority of the United 1.22 States, the legislaturesenate shall have the power to prescribe 1.23 the bounds of congressional and legislative districts. Senators 1.24 shall be chosen by single districts of convenient contiguous 1.25 territory. No representative district shall be divided in the2.1 formation of a senate district.The senate districts shall be 2.2 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.Senators shall be chosen for a 2.5 term of four years, except to fill a vacancy and except there 2.6 shall be an entire new election of all the senators at the first 2.7 election of representativesafter each new legislative 2.8 apportionment provided for in this article. The governor shall 2.9 call elections to fill vacancies in either house ofthe 2.10 legislaturesenate. 2.11 Sec. 5. No senator or representativeshall hold any other 2.12 office under the authority of the United States or the state of 2.13 Minnesota, except that of postmaster or of notary public. If 2.14 elected or appointed to another office, a legislatorsenator may 2.15 resign from the legislaturesenate by tendering his resignation 2.16 to the governor. 2.17 Sec. 6. Senators and representativesshall be qualified 2.18 voters of the state, and shall have resided one year in the 2.19 state and six months immediately preceding the election in the 2.20 district from which elected. Each houseThe senate shall be the 2.21 judge of the election returns and eligibility of its own 2.22 members. The legislaturesenate shall prescribe by law the 2.23 manner for taking evidence in cases of contested seats in either2.24 house. 2.25 Sec. 7. Each houseThe senate may determine the rules of 2.26 its proceedings, sit upon its own adjournment, punish its 2.27 members for disorderly behavior, and with the concurrence of 2.28 two-thirds expel a member; but no member shall be expelled a 2.29 second time for the same offense. 2.30 Sec. 8. Each member and officer of the legislaturesenate 2.31 before entering upon his duties shall take an oath or 2.32 affirmation to support the Constitution of the United States, 2.33 the constitution of this state, and to discharge faithfully the 2.34 duties of his office to the best of his judgment and ability. 2.35 Sec. 9. The compensation of senators and representatives2.36 shall be prescribed by law. No increase of compensation shall 3.1 take effect during the period for which the members of the 3.2 existing house of representativessenate may have been elected. 3.3 Sec. 10. The members of each housethe senate in all cases 3.4 except treason, felony and breach of the peace, shall be 3.5 privileged from arrest during the session of their respective3.6 housesand in going to or returning from the same. For any 3.7 speech or debate in either housethe senate they shall not be 3.8 questioned in any other place. 3.9 Sec. 11. Two or more members of either housethe senate 3.10 may dissent and protest against any act or resolution which they 3.11 think injurious to the public or to any individual and have the 3.12 reason of their dissent entered in the journal. 3.13 Sec. 12. The legislaturesenate shall meet at the seat of 3.14 government in regular session in each biennium at the times 3.15 prescribed by law for not exceeding a total of 120 legislative 3.16 days. The legislaturesenate shall not meet in regular session, 3.17 nor in any adjournment thereof, after the first Monday following 3.18 the third Saturday in May of any year. After meeting at a time 3.19 prescribed by law, the legislaturesenate may adjourn to another 3.20 time. "Legislative day" shall be defined by law. A special 3.21 session of the legislaturesenate may be called by the governor 3.22 on extraordinary occasions. 3.23 Neither house during a session of the legislature shall3.24 adjourn for more than three days (Sundays excepted) nor to any3.25 other place than that in which the two houses shall be assembled3.26 without the consent of the other house.3.27 Sec. 13. A majority of each housethe senate constitutes a 3.28 quorum to transact business, but a smaller number may adjourn 3.29 from day to day and compel the attendance of absent members in 3.30 the manner and under the penalties it may provide. 3.31 Sec. 14. Each houseThe senate shall be open to the public 3.32 during its sessions except in cases which in its opinion require 3.33 secrecy. 3.34 Sec. 15. Each houseThe senate shall elect its presiding 3.35 officer and other officers as may be provided by law. Both3.36 housesIt shall keep journalsa journal of theirits 4.1 proceedings, and from time to time publish the same, and the 4.2 yeas and nays, when taken on any question, shall be entered in 4.3 the journalsjournal. 4.4 Sec. 16. In all elections by the legislaturesenate 4.5 members shall vote viva voce and their votes shall be entered in 4.6 the journal. 4.7 Sec. 17. No law shall embrace more than one subject, which 4.8 shall be expressed in its title. 4.9 Sec. 18. All bills for raising revenue shall originate in4.10 the house of representatives, but the senate may propose and4.11 concur with the amendments as on other bills.4.12 Sec. 19. Every bill shall be reported on three different 4.13 days in each housethe senate, unless, in case of urgency, 4.14 two-thirds of the house where the bill is pendingsenate deem it 4.15 expedient to dispense with this rule. 4.16 Sec. 20. Every bill passed by both housesthe senate shall 4.17 be enrolled and signed by the presiding officer of each house. 4.18 Any presiding officer refusing to sign a bill passed by both4.19 housesshall thereafter be disqualified from any office of honor 4.20 or profit in the state. Each houseThe senate by rule shall 4.21 provide the manner in which a bill shall be certified for 4.22 presentation to the governor in case of such refusal. 4.23 Sec. 21. No bill shall be passed by either houseupon the 4.24 day prescribed for adjournment. This section shall not preclude 4.25 the enrollment of a bill or its transmittal from one house to4.26 the other orto the executive for his signature. 4.27 Sec. 22. The style of all laws of this state shall be: "Be 4.28 it enacted by the legislaturesenate of the state of 4.29 Minnesota." No law shall be passed unless voted for by a 4.30 majority of all the members elected to each house ofthe 4.31 legislaturesenate, and the vote entered in the journal of each4.32 house. 4.33 Sec. 23. Every bill passed in conformity to the rules of4.34 each house and the joint rulesof the two housessenate shall be 4.35 presented to the governor. If he approves a bill, he shall sign 4.36 it, deposit it in the office of the secretary of state and 5.1 notify the house in which it originatedsenate of that fact. If 5.2 he vetoes a bill, he shall return it with his objections to the 5.3 house in which it originatedsenate. His objections shall be 5.4 entered in the journal. If, after reconsideration, two-thirds 5.5 of that housethe senate agree to pass the bill, it shall be5.6 sent, together with the governor's objections, to the other5.7 house, which shall likewise reconsider it. If approved by5.8 two-thirds of that houseit becomes a law and shall be deposited 5.9 in the office of the secretary of state. In such cases the 5.10 votes of both housesshall be determined by yeas and nays, and 5.11 the names of the persons voting for or against the bill shall be 5.12 entered in the journal of each house. Any bill not returned by 5.13 the governor within three days (Sundays excepted) after it is 5.14 presented to him becomes a law as if he had signed it, unless 5.15 the legislaturesenate by adjournment within that time prevents 5.16 its return. Any bill passed during the last three days of a 5.17 session may be presented to the governor during the three days 5.18 following the day of final adjournment and becomes law if the 5.19 governor signs and deposits it in the office of the secretary of 5.20 state within 14 days after the adjournment of the legislature5.21 senate. Any bill passed during the last three days of the 5.22 session which is not signed and deposited within 14 days after 5.23 adjournment does not become a law. 5.24 If a bill presented to the governor contains several items 5.25 of appropriation of money, he may veto one or more of the items 5.26 while approving the bill. At the time he signs the bill the 5.27 governor shall append to it a statement of the items he vetoes 5.28 and the vetoed items shall not take effect. If the legislature5.29 senate is in session, he shall transmit to the house in which5.30 the bill originatedsenate a copy of the statement, and the 5.31 items vetoed shall be separately reconsidered. If on 5.32 reconsideration any item is approved by two-thirds of the 5.33 members elected to each house, it is a part of the law 5.34 notwithstanding the objections of the governor. 5.35 Sec. 24. Each order, resolution or vote requiring the5.36 concurrence of the two housesexcept such as relate to the 6.1 business or adjournment of the legislaturesenate shall be 6.2 presented to the governor and is subject to his veto as 6.3 prescribed in case of a bill. 6.4 Sec. 25. During a session each housethe senate may punish 6.5 by imprisonment for not more than 24 hours any person not a 6.6 member who is guilty of any disorderly or contemptuous behavior 6.7 in its presence. 6.8 Sec. 26. Passage of a general banking law requires the 6.9 vote of two-thirds of the members of each house ofthe 6.10 legislaturesenate. 6.11 Subd. 3. [AMENDMENT TO ARTICLE VIII.] If the amendment is 6.12 adopted, article VIII, section 1, will read as follows: 6.13 Section 1. The house of representativessenate has the 6.14 sole power of impeachment through a concurrence of a majority of 6.15 all its members. All impeachments shall be tried by the 6.16 senate. When sitting for that purpose, senators shall be upon 6.17 oath or affirmation to do justice according to law and 6.18 evidence. No person shall be convicted without the concurrence 6.19 of two-thirds of the senators present. 6.20 Subd. 4. [AMENDMENTS TO ARTICLE IX.] If the amendment is 6.21 adopted, article IX, sections 1 and 2, will read as follows: 6.22 Section 1. A majority of the members elected to each house6.23 ofthe legislaturesenate may propose amendments to this 6.24 constitution. Proposed amendments shall be published with the 6.25 laws passed at the same session and submitted to the people for 6.26 their approval or rejection at a general election. If a 6.27 majority of all the electors voting at the election vote to 6.28 ratify an amendment, it becomes a part of this constitution. If 6.29 two or more amendments are submitted at the same time, voters 6.30 shall vote for or against each separately. 6.31 Sec. 2. Two-thirds of the members elected to each house of6.32 the legislaturesenate may submit to the electors at the next 6.33 general election the question of calling a convention to revise 6.34 this constitution. If a majority of all the electors voting at 6.35 the election vote for a convention, the legislaturesenate at 6.36 its next session, shall provide by law for calling the 7.1 convention. The convention shall consist of as many delegates 7.2 as there are members of the house of representativessenate. 7.3 Delegates shall be chosen in the same manner as members of 7.4 the house of representativessenate and shall meet within three 7.5 months after their election. Section 5 of article IV of the 7.6 constitution does not apply to election to the convention. 7.7 Subd. 5. [AMENDMENT TO ARTICLE XI.] If the amendment is 7.8 adopted, article XI, section 5, will read as follows: 7.9 Sec. 5. Public debt may be contracted and works of 7.10 internal improvements carried on for the following purposes: 7.11 (a) to acquire and to better public land and buildings and 7.12 other public improvements of a capital nature and to provide 7.13 money to be appropriated or loaned to any agency or political 7.14 subdivision of the state for such purposes if the law 7.15 authorizing the debt is adopted by the vote of at least 7.16 three-fifths of the members of each houseof the legislature7.17 senate; 7.18 (b) to repel invasion or suppress insurrection; 7.19 (c) to borrow temporarily as authorized in section 6; 7.20 (d) to refund outstanding bonds of the state or any of its 7.21 agencies whether or not the full faith and credit of the state 7.22 has been pledged for the payment of the bonds; 7.23 (e) to establish and maintain highways subject to the 7.24 limitations of article XIV; 7.25 (f) to promote forestation and prevent and abate forest 7.26 fires, including the compulsory clearing and improving of wild 7.27 lands whether public or private; 7.28 (g) to construct, improve and operate airports and other 7.29 air navigation facilities; 7.30 (h) to develop the state's agricultural resources by 7.31 extending credit on real estate security in the manner and on 7.32 the terms and conditions prescribed by law; 7.33 (i) to improve and rehabilitate railroad rights-of-way and 7.34 other rail facilities whether public or private, provided that 7.35 bonds issued and unpaid shall not at any time exceed 7.36 $200,000,000 par value; and 8.1 (j) as otherwise authorized in this constitution. 8.2 As authorized by law political subdivisions may engage in 8.3 the works permitted by (f), (g), and (i) and contract debt 8.4 therefor. 8.5 Subd. 6. [EFFECTIVE DATE.] If the amendment is adopted, it 8.6 is effective for members of the legislature whose terms begin 8.7 the first Monday in January 2003. 8.8 Sec. 2. [BALLOT PROPOSITION.] 8.9 The proposed amendment shall be submitted to the people at 8.10 the 1998 general election. The question proposed shall be: 8.11 "Shall the Minnesota Constitution be amended to provide 8.12 that the Minnesota House of Representatives and Senate be 8.13 combined and a single legislative body be created, beginning in 8.14 2003? 8.15 Yes ....... 8.16 No ........"