as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 08/14/1998 |
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; providing 1.6 by law for a legislature of 112 members; amending 1.7 Minnesota Statutes 1994, sections 2.021; and 2.031, 1.8 subdivision 1. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. [CONSTITUTIONAL AMENDMENTS PROPOSED.] 1.11 Subdivision 1. [PROPOSAL TO PEOPLE.] An amendment to the 1.12 Minnesota Constitution is proposed to the people as provided by 1.13 subdivisions 2 to 6. 1.14 Subd. 2. [AMENDMENTS TO ARTICLE IV.] If the amendment is 1.15 adopted, article IV will read as follows: 1.16 Section 1. The legislature consists of the senateand1.17house of representatives. 1.18 Sec. 2. The number of members who compose the senateand1.19house of representativesshall be prescribed by law. The 1.20 representationin both housesshall be apportioned equally 1.21 throughout the different sections of the state in proportion to 1.22 the population thereof. 1.23 Sec. 3. At its first session after each enumeration of the 1.24 inhabitants of this state made by the authority of the United 1.25 States, thelegislaturesenate shall have the power to prescribe 1.26 the bounds of congressional and legislative districts. Senators 1.27 shall be chosen by single districts of convenient contiguous 2.1 territory.No representative district shall be divided in the2.2formation of a senate district.The senate districts shall be 2.3 numbered in a regular series. 2.4 Sec. 4.Representatives shall be chosen for a term of two2.5years, except to fill a vacancy.Senators shall be chosen for a 2.6 term of four years, except to fill a vacancy and except there 2.7 shall be an entire new election of all the senators at the first 2.8 electionof representativesafter each new legislative 2.9 apportionment provided for in this article. The governor shall 2.10 call elections to fill vacancies ineither house ofthe 2.11legislaturesenate. 2.12 Sec. 5. No senatoror representativeshall hold any other 2.13 office under the authority of the United States or the state of 2.14 Minnesota, except that of postmaster or of notary public. If 2.15 elected or appointed to another office, alegislatorsenator may 2.16 resign from thelegislaturesenate by tendering his resignation 2.17 to the governor. 2.18 Sec. 6. Senatorsand representativesshall be qualified 2.19 voters of the state, and shall have resided one year in the 2.20 state and six months immediately preceding the election in the 2.21 district from which elected.Each houseThe senate shall be the 2.22 judge of the election returns and eligibility of its own 2.23 members. Thelegislaturesenate shall prescribe by law the 2.24 manner for taking evidence in cases of contested seatsin either2.25house. 2.26 Sec. 7.Each houseThe senate may determine the rules of 2.27 its proceedings, sit upon its own adjournment, punish its 2.28 members for disorderly behavior, and with the concurrence of 2.29 two-thirds expel a member; but no member shall be expelled a 2.30 second time for the same offense. 2.31 Sec. 8. Each member and officer of thelegislaturesenate 2.32 before entering upon his duties shall take an oath or 2.33 affirmation to support the Constitution of the United States, 2.34 the constitution of this state, and to discharge faithfully the 2.35 duties of his office to the best of his judgment and ability. 2.36 Sec. 9. The compensation of senatorsand representatives3.1 shall be prescribed by law. No increase of compensation shall 3.2 take effect during the period for which the members of the 3.3 existinghouse of representativessenate may have been elected. 3.4 Sec. 10. The members ofeach housethe senate in all cases 3.5 except treason, felony and breach of the peace, shall be 3.6 privileged from arrest during the sessionof their respective3.7housesand in going to or returning from the same. For any 3.8 speech or debate ineither housethe senate they shall not be 3.9 questioned in any other place. 3.10 Sec. 11. Two or more members ofeither housethe senate 3.11 may dissent and protest against any act or resolution which they 3.12 think injurious to the public or to any individual and have the 3.13 reason of their dissent entered in the journal. 3.14 Sec. 12. Thelegislaturesenate shall meet at the seat of 3.15 government in regular session in each biennium at the times 3.16 prescribed by law for not exceeding a total of 120 legislative 3.17 days. Thelegislaturesenate shall not meet in regular session, 3.18 nor in any adjournment thereof, after the first Monday following 3.19 the third Saturday in May of any year. After meeting at a time 3.20 prescribed by law, thelegislaturesenate may adjourn to another 3.21 time. "Legislative day" shall be defined by law. A special 3.22 session of thelegislaturesenate may be called by the governor 3.23 on extraordinary occasions. 3.24Neither house during a session of the legislature shall3.25adjourn for more than three days (Sundays excepted) nor to any3.26other place than that in which the two houses shall be assembled3.27without the consent of the other house.3.28 Sec. 13. A majority ofeach housethe senate constitutes a 3.29 quorum to transact business, but a smaller number may adjourn 3.30 from day to day and compel the attendance of absent members in 3.31 the manner and under the penalties it may provide. 3.32 Sec. 14.Each houseThe senate shall be open to the public 3.33 during its sessions except in cases which in its opinion require 3.34 secrecy. 3.35 Sec. 15.Each houseThe senate shall elect its presiding 3.36 officer and other officers as may be provided by law.Both4.1housesIt shall keep journals oftheirits proceedings, and from 4.2 time to time publish the same, and the yeas and nays, when taken 4.3 on any question, shall be entered in thejournalsjournal. 4.4 Sec. 16. In all elections by thelegislaturesenate 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. 4.9Sec. 18. All bills for raising revenue shall originate in4.10the house of representatives, but the senate may propose and4.11concur with the amendments as on other bills.4.12 Sec. 19. Every bill shall be reported on three different 4.13 days ineach housethe senate, unless, in case of urgency, 4.14 two-thirds of thehouse where the bill is pendingsenate deem it 4.15 expedient to dispense with this rule. 4.16 Sec. 20. Every bill passed byboth housesthe senate shall 4.17 be enrolled and signed by the presiding officerof each house. 4.18 Any presiding officer refusing to sign a bill passedby both4.19housesshall 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 passedby either houseupon the 4.24 day prescribed for adjournment. This section shall not preclude 4.25 the enrollment of a bill or its transmittalfrom one house to4.26the 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 thelegislaturesenate of the state of 4.29 Minnesota." No law shall be passed unless voted for by a 4.30 majority ofall the members elected to each house ofthe 4.31legislaturesenate, and the vote entered in the journalof each4.32house. 4.33 Sec. 23. Every bill passed in conformity to the rulesof4.34each house and the joint rulesof thetwo 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 thehouse in which it originatedsenate of that fact. If 5.2 he vetoes a bill, he shall return it with his objections to the 5.3house in which it originatedsenate. His objections shall be 5.4 entered in the journal. If, after reconsideration, two-thirds 5.5 ofthat housethe senate agree to pass the bill,it shall be5.6sent, together with the governor's objections, to the other5.7house, which shall likewise reconsider it. If approved by5.8two-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 votesof 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 journalof 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 thelegislaturesenate 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 thelegislature5.21 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 thelegislature5.29 senate is in session, he shall transmit to thehouse in which5.30the 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 memberselected 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 voterequiring the5.36concurrence of the two housesexcept such as relate to the 6.1 business or adjournment of thelegislaturesenate 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 sessioneach 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 ofeach house ofthe 6.10legislaturesenate. 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. Thehouse 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 toeach house6.23ofthelegislaturesenate 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 toeach house of6.32 thelegislaturesenate 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, thelegislaturesenate 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 thehouse of representativessenate. 7.3 Delegates shall be chosen in the same manner as members of 7.4 thehouse 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 membersof each houseof thelegislature7.17 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 1996 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 ........" 8.17 Sec. 3. Minnesota Statutes 1994, section 2.021, is amended 8.18 to read: 8.19 2.021 [NUMBER OF MEMBERS.] 8.20For each legislature, until a new apportionment shall have8.21been made,The senate is composed of67112 membersand the8.22house of representatives is composed of 134 members. 8.23 Sec. 4. Minnesota Statutes 1994, section 2.031, 8.24 subdivision 1, is amended to read: 8.25 Subdivision 1. [LEGISLATIVE DISTRICTS.] The 8.26 representatives in the senateand house of representativesare 8.27 apportioned throughout the state in67112 senate districtsand8.28134 house districts. Each senate district is entitled to elect 8.29 one senatorand each house district is entitled to elect one8.30representative. 8.31 Sec. 5. [EFFECTIVE DATE.] 8.32 If the amendment proposed in section 1 is adopted, sections 8.33 3 and 4 shall be effective for members of the legislature whose 8.34 terms begin the first Monday in January 2003.