HF 2186

as introduced - 79th Legislature (1995 - 1996) 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, term limits, and initiative and referendum; 
  1.8             providing for committee chairs' terms, members' per 
  1.9             diems, other legislative procedures, and certain 
  1.10            conflicts of interest; proposing amendments to the 
  1.11            Minnesota Constitution, article IV; article V, 
  1.12            sections 2, 3, 4, and 5; article VIII, section 1; 
  1.13            article IX, sections 1 and 2; and article XI, section 
  1.14            5; amending Minnesota Statutes 1994, sections 2.021; 
  1.15            2.031, subdivision 1; 3.099, subdivision 1; 3.196; 
  1.16            10A.20, by adding a subdivision; 204C.19, subdivision 
  1.17            2; 204C.27; 204C.33; 204D.11, by adding a subdivision; 
  1.18            204D.15; 204D.16; and 204D.165; proposing coding for 
  1.19            new law in Minnesota Statutes, chapters 3; and 3B. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21                             ARTICLE 1 
  1.22                   BIENNIAL LEGISLATIVE SESSIONS 
  1.23     Section 1.  [CONSTITUTIONAL AMENDMENT.] 
  1.24     An amendment to the Minnesota Constitution, article IV, 
  1.25  section 12, is proposed to the people.  If the amendment is 
  1.26  adopted, the section will read: 
  1.27     Sec. 12.  The legislature shall meet at the seat of 
  1.28  government in regular session in the odd-numbered year of each 
  1.29  biennium at the times prescribed by law for not exceeding a 
  1.30  total of 120 legislative days.  The legislature shall not meet 
  1.31  in regular session, nor in any adjournment thereof, after the 
  1.32  first Monday following the third Saturday in May of any the 
  2.1   odd-numbered year.  After meeting at a time prescribed by law, 
  2.2   the legislature may adjourn to another time.  "Legislative day" 
  2.3   shall be defined by law.  A special session of the legislature 
  2.4   may be called by the governor on extraordinary occasions. 
  2.5      Neither house during a session of the legislature shall 
  2.6   adjourn for more than three days (Sundays excepted) nor to any 
  2.7   other place than that in which the two houses shall be assembled 
  2.8   without the consent of the other house. 
  2.9      Sec. 2.  [SUBMISSION TO VOTERS.] 
  2.10     The proposed amendment shall be submitted to the people at 
  2.11  the 1996 general election.  The question proposed shall be: 
  2.12     "Shall the Minnesota Constitution be amended to limit the 
  2.13  legislature to meet in regular session only in odd-numbered 
  2.14  years? 
  2.15                                     Yes .......
  2.16                                     No ........"
  2.17                             ARTICLE 2 
  2.18                       UNICAMERAL LEGISLATURE 
  2.19     Section 1.  [CONSTITUTIONAL AMENDMENT.] 
  2.20     Subdivision 1.  [PROPOSAL TO PEOPLE.] An amendment to the 
  2.21  Minnesota Constitution is proposed to the people. 
  2.22     Subd. 2.  [CHANGES TO ARTICLE IV.] If the amendment is 
  2.23  adopted, article IV will read: 
  2.24     Section 1.  The legislature consists of the senate and 
  2.25  house of representatives one house. 
  2.26     Sec. 2.  The number of members who compose the senate and 
  2.27  house of representatives legislature shall be prescribed by law. 
  2.28  The representation in both houses shall be apportioned equally 
  2.29  throughout the different sections of the state in proportion to 
  2.30  the population thereof. 
  2.31     Sec. 3.  At its first session after each enumeration of the 
  2.32  inhabitants of this state made by the authority of the United 
  2.33  States, the legislature shall have the power to prescribe the 
  2.34  bounds of congressional and legislative districts.  Senators 
  2.35  Members shall be chosen by single districts of convenient 
  2.36  contiguous territory.  No representative district shall be 
  3.1   divided in the formation of a senate district.  The senate 
  3.2   districts shall be numbered in a regular series. 
  3.3      Sec. 4.  Representatives Members shall be chosen for a term 
  3.4   of two years, except to fill a vacancy.  Senators shall be 
  3.5   chosen for a term of four years, except to fill a vacancy and 
  3.6   except there shall be an entire new election of all the senators 
  3.7   at the first election of representatives after each new 
  3.8   legislative apportionment provided for in this article.  The 
  3.9   governor shall call elections to fill vacancies in either house 
  3.10  of the legislature. 
  3.11     Sec. 5.  No senator or representative member shall hold any 
  3.12  other office under the authority of the United States or the 
  3.13  state of Minnesota, except that of postmaster or of notary 
  3.14  public.  If elected or appointed to another office, a legislator 
  3.15  may resign from the legislature by tendering his resignation to 
  3.16  the governor. 
  3.17     Sec. 6.  Senators and representatives Members shall be 
  3.18  qualified voters of the state, and shall have resided one year 
  3.19  in the state and six months immediately preceding the election 
  3.20  in the district from which elected.  Each house The legislature 
  3.21  shall be the judge of the election returns and eligibility of 
  3.22  its own members.  The legislature shall prescribe by law the 
  3.23  manner for taking evidence in cases of contested seats in either 
  3.24  house. 
  3.25     Sec. 7.  Each house The legislature may determine the rules 
  3.26  of its proceedings, sit upon its own adjournment, punish its 
  3.27  members for disorderly behavior, and with the concurrence of 
  3.28  two-thirds expel a member; but no member shall be expelled a 
  3.29  second time for the same offense. 
  3.30     Sec. 8.  Each member and officer of the legislature before 
  3.31  entering upon his duties shall take an oath or affirmation to 
  3.32  support the Constitution of the United States, the constitution 
  3.33  of this state, and to discharge faithfully the duties of his 
  3.34  office to the best of his judgment and ability. 
  3.35     Sec. 9.  The compensation of senators and representatives 
  3.36  members shall be prescribed by law.  No increase of compensation 
  4.1   shall take effect during the period for which the members of the 
  4.2   existing house of representatives legislature may have been 
  4.3   elected. 
  4.4      Sec. 10.  The members of each house the legislature in all 
  4.5   cases except treason, felony and breach of the peace, shall be 
  4.6   privileged from arrest during the session of their respective 
  4.7   houses and in going to or returning from the same.  For any 
  4.8   speech or debate in either house the legislature they shall not 
  4.9   be questioned in any other place. 
  4.10     Sec. 11.  Two or more members of either house the 
  4.11  legislature may dissent and protest against any act or 
  4.12  resolution which they think injurious to the public or to any 
  4.13  individual and have the reason of their dissent entered in the 
  4.14  journal. 
  4.15     Sec. 12.  The legislature shall meet at the seat of 
  4.16  government in regular session in each biennium at the times 
  4.17  prescribed by law for not exceeding a total of 120 legislative 
  4.18  days.  The legislature shall not meet in regular session, nor in 
  4.19  any adjournment thereof, after the first Monday following the 
  4.20  third Saturday in May of any year.  After meeting at a time 
  4.21  prescribed by law, the legislature may adjourn to another time.  
  4.22  "Legislative day" shall be defined by law.  A special session of 
  4.23  the legislature may be called by the governor on extraordinary 
  4.24  occasions. 
  4.25     Neither house during a session of the legislature shall 
  4.26  adjourn for more than three days (Sundays excepted) nor to any 
  4.27  other place than that in which the two houses shall be assembled 
  4.28  without the consent of the other house. 
  4.29     Sec. 13.  A majority of each house the legislature 
  4.30  constitutes a quorum to transact business, but a smaller number 
  4.31  may adjourn from day to day and compel the attendance of absent 
  4.32  members in the manner and under the penalties it may provide. 
  4.33     Sec. 14.  Each house The legislature shall be open to the 
  4.34  public during its sessions except in cases which in its opinion 
  4.35  require secrecy. 
  4.36     Sec. 15.  Each house The legislature shall elect its 
  5.1   presiding officer and other officers as may be provided by law.  
  5.2   Both houses It shall keep journals of their its proceedings, and 
  5.3   from time to time publish the same, and the yeas and nays, when 
  5.4   taken on any question, shall be entered in the journals journal. 
  5.5      Sec. 16.  In all elections by the legislature members shall 
  5.6   vote viva voce and their votes shall be entered in the journal. 
  5.7      Sec. 17.  No law shall embrace more than one subject, which 
  5.8   shall be expressed in its title. 
  5.9      Sec. 18.  All bills for raising revenue shall originate in 
  5.10  the house of representatives, but the senate may propose and 
  5.11  concur with the amendments as on other bills. 
  5.12     Sec. 19.  Every bill shall be reported on three different 
  5.13  days in each house the legislature, unless, in case of urgency, 
  5.14  two-thirds of the house where the bill is pending legislature 
  5.15  deem it expedient to dispense with this rule. 
  5.16     Sec. 20.  Every bill passed by both houses the legislature 
  5.17  shall be enrolled and signed by the presiding officer of each 
  5.18  house.  Any presiding officer refusing to sign a bill passed by 
  5.19  both houses shall thereafter be disqualified from any office of 
  5.20  honor or profit in the state.  Each house The legislature by 
  5.21  rule shall provide the manner in which a bill shall be certified 
  5.22  for presentation to the governor in case of such refusal. 
  5.23     Sec. 21.  No bill shall be passed by either house upon the 
  5.24  day prescribed for adjournment.  This section shall not preclude 
  5.25  the enrollment of a bill or its transmittal from one house to 
  5.26  the other or to the executive for his signature. 
  5.27     Sec. 22.  The style of all laws of this state shall be: "Be 
  5.28  it enacted by the legislature of the state of Minnesota."  No 
  5.29  law shall be passed unless voted for by a majority of all the 
  5.30  members elected to each house of the legislature, and the vote 
  5.31  entered in the journal of each house. 
  5.32     Sec. 23.  Every bill passed in conformity to the rules of 
  5.33  each house and the joint rules of the two houses legislature 
  5.34  shall be presented to the governor.  If he approves a bill, he 
  5.35  shall sign it, deposit it in the office of the secretary of 
  5.36  state and notify the house in which it originated legislature of 
  6.1   that fact.  If he vetoes a bill, he shall return it with his 
  6.2   objections to the house in which it originated legislature.  His 
  6.3   objections shall be entered in the journal.  If, after 
  6.4   reconsideration, two-thirds of that house the legislature agree 
  6.5   to pass the bill, it shall be sent, together with the governor's 
  6.6   objections, to the other house, which shall likewise reconsider 
  6.7   it.  If approved by two-thirds of that house it becomes a law 
  6.8   and shall be deposited in the office of the secretary of state.  
  6.9   In such cases the votes of both houses shall be determined by 
  6.10  yeas and nays, and the names of the persons voting for or 
  6.11  against the bill shall be entered in the journal of each house.  
  6.12  Any bill not returned by the governor within three days (Sundays 
  6.13  excepted) after it is presented to him becomes a law as if he 
  6.14  had signed it, unless the legislature by adjournment within that 
  6.15  time prevents its return.  Any bill passed during the last three 
  6.16  days of a session may be presented to the governor during the 
  6.17  three days following the day of final adjournment and becomes 
  6.18  law if the governor signs and deposits it in the office of the 
  6.19  secretary of state within 14 days after the adjournment of the 
  6.20  legislature.  Any bill passed during the last three days of the 
  6.21  session which is not signed and deposited within 14 days after 
  6.22  adjournment does not become a law. 
  6.23     If a bill presented to the governor contains several items 
  6.24  of appropriation of money, he may veto one or more of the items 
  6.25  while approving the bill.  At the time he signs the bill the 
  6.26  governor shall append to it a statement of the items he vetoes 
  6.27  and the vetoed items shall not take effect.  If the legislature 
  6.28  is in session, he shall transmit to the house in which the bill 
  6.29  originated it a copy of the statement, and the items vetoed 
  6.30  shall be separately reconsidered.  If on reconsideration any 
  6.31  item is approved by two-thirds of the members elected to each 
  6.32  house, it is a part of the law notwithstanding the objections of 
  6.33  the governor. 
  6.34     Sec. 24.  Each order, resolution or vote requiring the 
  6.35  concurrence of the two houses except such as relate to the 
  6.36  business or adjournment of the legislature shall be presented to 
  7.1   the governor and is subject to his veto as prescribed in case of 
  7.2   a bill. 
  7.3      Sec. 25.  During a session each house the legislature may 
  7.4   punish by imprisonment for not more than 24 hours any person not 
  7.5   a member who is guilty of any disorderly or contemptuous 
  7.6   behavior in its presence. 
  7.7      Sec. 26.  Passage of a general banking law requires the 
  7.8   vote of two-thirds of the members of each house of the 
  7.9   legislature. 
  7.10     Subd. 3.  [CHANGES TO ARTICLE V.] If the amendment is 
  7.11  adopted, article V, sections 3 and 5, will read: 
  7.12     Sec. 3.  The governor shall communicate by message to each 
  7.13  session of the legislature information touching the state and 
  7.14  country.  He is commander-in-chief of the military and naval 
  7.15  forces and may call them out to execute the laws, suppress 
  7.16  insurrection and repel invasion.  He may require the opinion in 
  7.17  writing of the principal officer in each of the executive 
  7.18  departments upon any subject relating to his duties.  With the 
  7.19  advice and consent of the senate legislature he may appoint 
  7.20  notaries public and other officers provided by law. He may 
  7.21  appoint commissioners to take the acknowledgment of deeds or 
  7.22  other instruments in writing to be used in the state.  He shall 
  7.23  take care that the laws be faithfully executed.  He shall fill 
  7.24  any vacancy that may occur in the offices of secretary of state, 
  7.25  treasurer, auditor, attorney general and the other state and 
  7.26  district offices hereafter created by law until the end of the 
  7.27  term for which the person who had vacated the office was elected 
  7.28  or the first Monday in January following the next general 
  7.29  election, whichever is sooner, and until a successor is chosen 
  7.30  and qualified. 
  7.31     Sec. 5.  In case a vacancy occurs from any cause whatever 
  7.32  in the office of governor, the lieutenant governor shall be 
  7.33  governor during such vacancy.  The compensation of the 
  7.34  lieutenant governor shall be prescribed by law.  The last 
  7.35  elected presiding officer of the senate legislature shall become 
  7.36  lieutenant governor in case a vacancy occurs in that office. In 
  8.1   case the governor is unable to discharge the powers and duties 
  8.2   of his office, the same devolves on the lieutenant governor.  
  8.3   The legislature may provide by law for the case of the removal, 
  8.4   death, resignation, or inability both of the governor and 
  8.5   lieutenant governor to discharge the duties of governor and may 
  8.6   provide by law for continuity of government in periods of 
  8.7   emergency resulting from disasters caused by enemy attack in 
  8.8   this state, including but not limited to, succession to the 
  8.9   powers and duties of public office and change of the seat of 
  8.10  government. 
  8.11     Subd. 4.  [CHANGE TO ARTICLE VIII.] If the amendment is 
  8.12  adopted, article VIII, section 1, will read: 
  8.13     Section 1.  The house of representatives legislature has 
  8.14  the sole power of impeachment through a concurrence of a 
  8.15  majority of all its members.  All impeachments shall be tried by 
  8.16  the senate legislature.  When sitting for that purpose, senators 
  8.17  members shall be upon oath or affirmation to do justice 
  8.18  according to law and evidence.  No person shall be convicted 
  8.19  without the concurrence of two-thirds of the senators members 
  8.20  present. 
  8.21     Subd. 5.  [CHANGES TO ARTICLE IX.] If the amendment is 
  8.22  adopted, article IX, sections 1 and 2, will read: 
  8.23     Section 1.  A majority of the members elected to each house 
  8.24  of the legislature may propose amendments to this constitution.  
  8.25  Proposed amendments shall be published with the laws passed at 
  8.26  the same session and submitted to the people for their approval 
  8.27  or rejection at a general election.  If a majority of all the 
  8.28  electors voting at the election vote to ratify an amendment, it 
  8.29  becomes a part of this constitution.  If two or more amendments 
  8.30  are submitted at the same time, voters shall vote for or against 
  8.31  each separately. 
  8.32     Sec. 2.  Two-thirds of the members elected to each house of 
  8.33  the legislature may submit to the electors at the next general 
  8.34  election the question of calling a convention to revise this 
  8.35  constitution.  If a majority of all the electors voting at the 
  8.36  election vote for a convention, the legislature at its next 
  9.1   session, shall provide by law for calling the convention.  The 
  9.2   convention shall consist of as many delegates as there are 
  9.3   members of the house of representatives.  Delegates shall be 
  9.4   chosen in the same manner as members of the house of 
  9.5   representatives legislature and shall meet within three months 
  9.6   after their election.  Section 5 of Article IV of the 
  9.7   constitution does not apply to election to the convention. 
  9.8      Subd. 6.  [CHANGE TO ARTICLE XI.] If the amendment is 
  9.9   adopted, article XI, section 5, will read: 
  9.10     Sec. 5.  Public debt may be contracted and works of 
  9.11  internal improvements carried on for the following purposes: 
  9.12     (a) to acquire and to better public land and buildings and 
  9.13  other public improvements of a capital nature and to provide 
  9.14  money to be appropriated or loaned to any agency or political 
  9.15  subdivision of the state for such purposes if the law 
  9.16  authorizing the debt is adopted by the vote of at least 
  9.17  three-fifths of the members of each house of the legislature; 
  9.18     (b) to repel invasion or suppress insurrection; 
  9.19     (c) to borrow temporarily as authorized in section 6; 
  9.20     (d) to refund outstanding bonds of the state or any of its 
  9.21  agencies whether or not the full faith and credit of the state 
  9.22  has been pledged for the payment of the bonds; 
  9.23     (e) to establish and maintain highways subject to the 
  9.24  limitations of article XIV; 
  9.25     (f) to promote forestation and prevent and abate forest 
  9.26  fires, including the compulsory clearing and improving of wild 
  9.27  lands whether public or private; 
  9.28     (g) to construct, improve and operate airports and other 
  9.29  air navigation facilities; 
  9.30     (h) to develop the state's agricultural resources by 
  9.31  extending credit on real estate security in the manner and on 
  9.32  the terms and conditions prescribed by law; 
  9.33     (i) to improve and rehabilitate railroad rights-of-way and 
  9.34  other rail facilities whether public or private, provided that 
  9.35  bonds issued and unpaid shall not at any time exceed 
  9.36  $200,000,000 par value; and 
 10.1      (j) as otherwise authorized in this constitution. 
 10.2      As authorized by law political subdivisions may engage in 
 10.3   the works permitted by (f), (g), and (i) and contract debt 
 10.4   therefor. 
 10.5      Sec. 2.  [BALLOT PROPOSITION; SCHEDULE.] 
 10.6      The proposed amendment shall be submitted to the people at 
 10.7   the 1996 general election.  If the amendment is adopted, it 
 10.8   shall apply to legislatures elected to serve in 1999 and 
 10.9   thereafter.  The question proposed shall be: 
 10.10     "Shall the Minnesota Constitution be amended to provide 
 10.11  that after the year 1998 the Minnesota House of Representatives 
 10.12  and Senate be combined and a single legislative body be created? 
 10.13                                     Yes .......
 10.14                                     No ........"
 10.15     Sec. 3.  Minnesota Statutes 1994, section 2.021, is amended 
 10.16  to read: 
 10.17     2.021 [NUMBER OF MEMBERS.] 
 10.18     For each legislature, until a new apportionment shall have 
 10.19  been made, The senate legislature is composed of 67 135 
 10.20  members and the house of representatives is composed of 134 
 10.21  members. 
 10.22     Sec. 4.  Minnesota Statutes 1994, section 2.031, 
 10.23  subdivision 1, is amended to read: 
 10.24     Subdivision 1.  [LEGISLATIVE DISTRICTS.] The 
 10.25  representatives representation in the senate and house of 
 10.26  representatives are legislature is apportioned throughout the 
 10.27  state in 67 senate 135 districts and 134 house districts.  
 10.28  Each senate district is entitled to elect one senator and each 
 10.29  house district is entitled to elect one representative member. 
 10.30     Sec. 5.  [EFFECTIVE DATE.] 
 10.31     If the amendment proposed by section 1 is adopted, sections 
 10.32  3 and 4 shall be effective for legislatures elected to serve in 
 10.33  1999 and thereafter. 
 10.34                             ARTICLE 3 
 10.35                         LEGISLATIVE RULES 
 10.36     Section 1.  [CONSTITUTIONAL AMENDMENT.] 
 11.1      An amendment to the Minnesota Constitution, article IV, 
 11.2   section 7, is proposed to the people.  If the amendment is 
 11.3   adopted, the section will read:  
 11.4      Sec. 7.  Unless the legislature is excepted, each general 
 11.5   law that applies to the operation of state or local government 
 11.6   applies to the legislature.  If no general law or special law 
 11.7   relating to the legislature applies, each house may determine 
 11.8   the rules of its proceedings,.  Each house may sit upon its own 
 11.9   adjournment, punish its members for disorderly behavior, and 
 11.10  with the concurrence of two-thirds expel a member; but no member 
 11.11  shall be expelled a second time for the same offense. 
 11.12     Sec. 2.  [QUESTION AND SCHEDULE.] 
 11.13     The proposed amendment shall be submitted to the people at 
 11.14  the 1996 general election.  If approved, the amendment shall 
 11.15  take effect August 1, 1997.  The question proposed shall be:  
 11.16     "Shall the Minnesota Constitution be amended to allow the 
 11.17  rules governing the business of the legislature to be provided 
 11.18  by law? 
 11.19                                     Yes .......
 11.20                                     No ........"
 11.21                             ARTICLE 4 
 11.22                            TERM LIMITS 
 11.23     Section 1.  [CONSTITUTIONAL AMENDMENT.] 
 11.24     An amendment to the Minnesota Constitution, article IV, 
 11.25  section 4, and article V, sections 2 and 4, is proposed to the 
 11.26  people.  If the amendment is adopted, article IV, section 4, 
 11.27  will read: 
 11.28     Sec. 4.  Representatives shall be chosen for a term of two 
 11.29  years, except to fill a vacancy.  Senators shall be chosen for a 
 11.30  term of four years, except to fill a vacancy and except there 
 11.31  shall be an entire new election of all the senators at the first 
 11.32  election of representatives after each new legislative 
 11.33  apportionment provided for in this article.  No person may be 
 11.34  elected to terms in the house of representatives or senate that 
 11.35  extend over more than 12 consecutive years.  The governor shall 
 11.36  call elections to fill vacancies in either house of the 
 12.1   legislature. 
 12.2      article V, section 2, will read: 
 12.3      Sec. 2.  The term of office for the governor and lieutenant 
 12.4   governor is four years and until a successor is chosen and 
 12.5   qualified.  No person may be elected to terms as governor that 
 12.6   extend over more than 12 consecutive years or terms as 
 12.7   lieutenant governor that extend over more than 12 consecutive 
 12.8   years.  Each shall have attained the age of 25 years and, shall 
 12.9   have been a bona fide resident of the state for one year next 
 12.10  preceding his election, and shall be a citizen of the United 
 12.11  States. 
 12.12     and article V, section 4, will read: 
 12.13     Sec. 4.  The term of office of the secretary of state, 
 12.14  treasurer, attorney general and state auditor is four years and 
 12.15  until a successor is chosen and qualified.  No person may be 
 12.16  elected to terms in any one of the offices of secretary of 
 12.17  state, state treasurer, attorney general, or state auditor that 
 12.18  extend over more than 12 consecutive years.  The duties and 
 12.19  salaries of the executive officers shall be prescribed by law. 
 12.20     Sec. 2.  [SCHEDULE AND QUESTION.] 
 12.21     The amendment shall be submitted to the people at the 1996 
 12.22  general election.  
 12.23     All terms served shall be counted in the determination of 
 12.24  the limits imposed by the amendment.  The amendment applies to 
 12.25  candidates at the general election in 1998 and thereafter.  
 12.26     The question proposed shall be: 
 12.27     "Shall the Minnesota Constitution be amended to place 
 12.28  limits on the terms of office of state legislators and executive 
 12.29  officers? 
 12.30                                     Yes .......
 12.31                                     No ........"
 12.32                             ARTICLE 5 
 12.33                     INITIATIVE AND REFERENDUM 
 12.34     Section 1.  [CONSTITUTIONAL AMENDMENT.] 
 12.35     An amendment to the Minnesota Constitution, adding a 
 12.36  section to article IV, is proposed to the people.  If the 
 13.1   amendment is adopted, the section will read: 
 13.2      Sec. 27.  The enactment of a law, including a law to repeal 
 13.3   other law, may be initiated by the petition of the eligible 
 13.4   voters. 
 13.5      A proposal for an initiated law shall be placed on the 
 13.6   ballot at a general election if petitions for it are signed by 
 13.7   eligible voters in each congressional district in a number not 
 13.8   less than five percent of the number of persons who voted in 
 13.9   that district at the last general election.  An initiated law 
 13.10  shall be enacted upon the affirmative vote of a majority of 
 13.11  those voting on the question. 
 13.12     An initiated law may not be amended or repealed or law 
 13.13  repealed by an initiated law may not be again enacted before the 
 13.14  next general election after the vote on the initiated law.  The 
 13.15  governor may not veto an initiated law.  If a law that is 
 13.16  similar to a pending initiated law is enacted under the other 
 13.17  provisions of article IV, the sponsors of the initiative may 
 13.18  abandon it.  The similar law may provide that, if the sponsors 
 13.19  of the pending initiated law decline to abandon it, the similar 
 13.20  law will also be placed on the ballot to be voted on like the 
 13.21  initiated law.  If both receive the affirmative vote of a 
 13.22  majority, only that which has the greater vote shall take effect.
 13.23     An amendment to the constitution may be initiated by a 
 13.24  petition of the eligible voters subject to the same conditions 
 13.25  as an initiated law, except that petitions for it must be signed 
 13.26  by eligible voters in each congressional district in a number 
 13.27  not less than ten percent of the number of persons who voted in 
 13.28  that district at the last general election. 
 13.29     The legislature may, by a law enacted under the other 
 13.30  provisions of article IV, refer a law to a vote of the people.  
 13.31  A referred law shall take effect upon the affirmative vote of a 
 13.32  majority of those voting on the question. 
 13.33     The legislature shall, by law, provide procedures to 
 13.34  facilitate the provisions of this section. 
 13.35     Sec. 2.  [QUESTION.] 
 13.36     The amendment shall be submitted to the people at the 1996 
 14.1   general election.  The question proposed shall be: 
 14.2      "Shall the Minnesota Constitution be amended to provide for 
 14.3   initiative and referendum? 
 14.4                                      Yes .......
 14.5                                      No ........"
 14.6      Sec. 3.  [3B.31] [CITATION.] 
 14.7      Sections 3B.31 to 3B.58 may be cited as the initiative and 
 14.8   referendum implementation act. 
 14.9      Sec. 4.  [3B.32] [DEFINITIONS.] 
 14.10     Subdivision 1.  [SCOPE.] When used in sections 3B.31 to 
 14.11  3B.58, the following words have the meanings given them by this 
 14.12  section. 
 14.13     Subd. 2.  [GENERAL ELECTION.] "General election" is as 
 14.14  defined in section 200.02, subdivision 2. 
 14.15     Subd. 3.  [MEASURE.] "Measure" means a law proposed by an 
 14.16  initiative or a referred law. 
 14.17     Subd. 4.  [PETITION DRIVE.] "Petition drive" means the 
 14.18  organized process by which the sponsors and their authorized 
 14.19  agents solicit eligible voters to sign initiative petitions. 
 14.20     Subd. 5.  [SPONSORS.] "Sponsors" means the persons 
 14.21  specified by section 3B.33, subdivision 2, clause (1). 
 14.22     Sec. 5.  [3B.33] [PREPARATION FOR PETITIONING.] 
 14.23     Subdivision 1.  Before circulation of any petitions to have 
 14.24  an initiative placed on the ballot, the sponsors shall file a 
 14.25  declaration with the secretary of state not later than March 1 
 14.26  of an odd-numbered year. 
 14.27     Subd. 2.  The declaration shall: 
 14.28     (1) state the names, mailing addresses, and a business or 
 14.29  residential telephone number of not fewer than 100 eligible 
 14.30  voters with an indication of who is the chair and who is the 
 14.31  treasurer; 
 14.32     (2) state the name and mailing address of all committees, 
 14.33  groups, or organizations known to the sponsors who intend to 
 14.34  support the petition drive on the measure or otherwise aid the 
 14.35  sponsors; 
 14.36     (3) give a description of the intent or purpose of an 
 15.1   initiative; 
 15.2      (4) state a short title, which is not misleading, by which 
 15.3   the sponsors want the initiative to be identified; and 
 15.4      (5) state the name, address, and telephone number of a 
 15.5   person who is generally available to work on the final form and 
 15.6   wording of the measure and is authorized to approve its final 
 15.7   form and wording. 
 15.8      Subd. 3.  The secretary of state shall provide a sample 
 15.9   declaration form. 
 15.10     Sec. 6.  [3B.34] [ADVICE BY REVISOR OF STATUTES.] 
 15.11     Subdivision 1.  The secretary of state shall immediately 
 15.12  forward one copy of each declaration to the revisor of 
 15.13  statutes.  The secretary of state shall also advise the sponsors 
 15.14  to consult with the revisor. 
 15.15     Subd. 2.  The revisor of statutes shall, within 42 days 
 15.16  after the filing of the declaration, prepare a final draft of an 
 15.17  initiative.  The intent and purpose may be amplified or refined 
 15.18  by the person authorized by the declaration to approve the form 
 15.19  and wording of the measure.  The revisor shall advise that 
 15.20  sponsor as to the measure's constitutionality and the best form 
 15.21  of the measure to accomplish the sponsors' intent and purpose.  
 15.22  However, if the revisor and the sponsors disagree as to the best 
 15.23  form and content of the measure to accomplish the sponsors' 
 15.24  intent and purpose, or disagree as to constitutionality, the 
 15.25  directions of the sponsors shall prevail.  All discussions by 
 15.26  the revisor with the sponsors shall be treated by the revisor as 
 15.27  confidential.  If, after consulting the revisor, the sponsors do 
 15.28  not desire the revisor's assistance, the chair shall sign a 
 15.29  written waiver of assistance.  The waiver shall then be filed 
 15.30  with the secretary of state and the revisor, together with a 
 15.31  final draft of the initiative prepared by the sponsors.  
 15.32  Together with the final draft prepared by the revisor, or within 
 15.33  seven days after receiving the waiver and final draft prepared 
 15.34  by the sponsors, the revisor shall furnish the sponsors and the 
 15.35  secretary of state with a summary of the measure to be proposed 
 15.36  to the people. 
 16.1      Subd. 3.  The form of initiatives shall conform to the form 
 16.2   of bills considered by the legislature.  The enacting clause 
 16.3   shall be "BE IT ENACTED BY THE PEOPLE OF THE STATE OF 
 16.4   MINNESOTA."  No initiative shall embrace more than one subject.  
 16.5   The measure may not provide for the form of the ballot question 
 16.6   by which it would be submitted to the electors. 
 16.7      Subd. 4.  If the sponsors, within 63 days after filing 
 16.8   their declaration, have not filed with the secretary of state 
 16.9   either the revisor's final draft or their waiver of assistance 
 16.10  from the revisor and a final draft prepared by them, the 
 16.11  petition drive shall be deemed abandoned. 
 16.12     Sec. 7.  [3B.35] [PETITIONS FOR INITIATIVE.] 
 16.13     Subdivision 1.  Each initiative petition shall consist of a 
 16.14  single page, printed in as many copies as the sponsors find 
 16.15  appropriate, and contain the following on the front: 
 16.16     (1) in not less than 24-point bold type on a 30-point body 
 16.17  at the top of the front page, the printed words "OFFICIAL 
 16.18  INITIATIVE PETITION"; 
 16.19     (2) the short title by which the measure is to be 
 16.20  identified and the chair of the sponsors; 
 16.21     (3) the summary of the measure prepared by the revisor; 
 16.22     (4) a statement that a verbatim copy of the initiative is 
 16.23  available for public examination at the office of the secretary 
 16.24  of state or any county auditor; and 
 16.25     (5) space for eligible voters to sign the petition 
 16.26  including space for the signature, printed name, telephone 
 16.27  number, mailing address, county and congressional district of 
 16.28  residence, and an indication of status as eligible voter. 
 16.29     Subd. 2.  On the front or back of each petition shall be an 
 16.30  affidavit for the person who circulated the petition which shall:
 16.31     (a) include the person's name, mailing address, and 
 16.32  telephone number; 
 16.33     (b) indicate that to the best of the person's knowledge 
 16.34  each of the signers is an eligible voter and resident in the 
 16.35  county and congressional district indicated; 
 16.36     (c) identify the sponsors on whose behalf the petition was 
 17.1   circulated; and 
 17.2      (d) state the period during which it was circulated. 
 17.3      Subd. 3.  At the time that the final draft of the 
 17.4   initiative measure is filed with the secretary of state, the 
 17.5   sponsors shall also file a copy of the petition with the 
 17.6   secretary of state.  Within seven days the secretary of state 
 17.7   shall examine the petition and determine whether it complies 
 17.8   with this section.  If the petition complies, the secretary of 
 17.9   state shall approve it and notify the sponsors.  If the 
 17.10  secretary of state finds that the petition does not comply, the 
 17.11  secretary of state shall disapprove it and order it redrafted.  
 17.12  The secretary of state shall notify the sponsors that the 
 17.13  petition does not comply with the law and specify what changes 
 17.14  are necessary to bring it into compliance.  Failure to refile a 
 17.15  new petition drafted in accordance with the secretary of state's 
 17.16  instructions not later than seven days after the secretary of 
 17.17  state's notice constitutes abandonment of the petition drive.  
 17.18  Upon refiling, the secretary of state shall again examine the 
 17.19  petition for its compliance with this section and approve it or 
 17.20  again reject it within seven days after the refiling.  The 
 17.21  petition may subsequently be refiled until it is found to comply 
 17.22  with the law and rules. 
 17.23     Subd. 4.  The secretary of state shall, within seven 
 17.24  calendar days after approving the initiative, send to the county 
 17.25  auditor in each county a verbatim copy of the initiative as on 
 17.26  file in the secretary of state's office. 
 17.27     Sec. 8.  [3B.36] [TIME OF CIRCULATION OF PETITIONS; 
 17.28  VOLUNTARY ABANDONMENT.] 
 17.29     Subdivision 1.  Initiative petitions may only be circulated 
 17.30  on those days of odd-numbered years which are more than eight 
 17.31  calendar days after the date of the secretary of state's 
 17.32  approval of the petition.  Sponsors may undertake organizational 
 17.33  activity or complete the procedures of section 3B.33, 3B.34, or 
 17.34  3B.35 before petitions are circulated. 
 17.35     Subd. 2.  The sponsors may abandon the petition drive at 
 17.36  any time before the petition is certified by the secretary of 
 18.1   state as provided in section 3B.42.  To abandon the drive, a 
 18.2   declaration to that effect shall be filed with the secretary of 
 18.3   state.  The filing of the declaration shall not prevent other 
 18.4   sponsors from beginning a similar or identical petition drive.  
 18.5   All petitions signed before the declaration are void upon the 
 18.6   filing of the declaration and may not subsequently be used by 
 18.7   new sponsors. 
 18.8      Subd. 3.  Petitions which are signed but never filed, or 
 18.9   which are filed but the number of signatures is later determined 
 18.10  to be insufficient, are void after the year in which they were 
 18.11  signed.  The petitions may not be used for similar or identical 
 18.12  petition circulation efforts in subsequent years. 
 18.13     Sec. 9.  [3B.37] [SIGNATURES.] 
 18.14     An initiative shall be placed on the ballot if petitions 
 18.15  for it are signed by eligible voters in each congressional 
 18.16  district of the state in the number required by the constitution.
 18.17     Sec. 10.  [3B.38] [FILING OF PETITIONS.] 
 18.18     The sponsors shall file the signed petitions with the 
 18.19  secretary of state not later than October 1 of the year in which 
 18.20  the petitions are circulated.  Before filing the signed 
 18.21  petitions, the sponsors shall securely bind them together.  Only 
 18.22  the sponsors, or those authorized in writing by the sponsors, 
 18.23  may file petitions. 
 18.24     Sec. 11.  [3B.39] [PETITIONS RECEIVED BY SECRETARY OF STATE 
 18.25  AND SIGNATURES COUNTED.] 
 18.26     The secretary of state shall determine the number of 
 18.27  signatures on the petitions filed and shall, not later than 
 18.28  October 10, give written notification to the sponsors of the 
 18.29  number of signatures from each congressional district.  If the 
 18.30  number of signatures filed is fewer than the minimum number of 
 18.31  signatures required from a congressional district, petitions for 
 18.32  additional signatures may be circulated for one additional 
 18.33  period of 21 days commencing from the date of notification. 
 18.34     Sec. 12.  [3B.40] [VERIFICATION OF PETITIONS.] 
 18.35     Subdivision 1.  Not later than December 31 of the year in 
 18.36  which the petitions were signed, the secretary of state shall 
 19.1   determine whether a sufficient number of valid signatures has 
 19.2   been obtained.  The secretary of state may verify signatures by 
 19.3   the random sampling method provided in section 3B.41.  County 
 19.4   auditors, at the secretary of state's request, shall assist the 
 19.5   secretary of state to verify signatures.  Any eligible voter may 
 19.6   challenge the number or validity of signatures on the petition.  
 19.7   The secretary of state shall determine the contest of the number 
 19.8   or validity of signatures by an eligible voter. 
 19.9      Subd. 2.  A signature is valid when: 
 19.10     (1) it is voluntarily signed by the person named; 
 19.11     (2) the signatory is an eligible voter; 
 19.12     (3) the signatory is a resident of the congressional 
 19.13  district indicated on the petition; and 
 19.14     (4) the signature is identifiable. 
 19.15     Subd. 3.  An eligible voter contesting the sufficiency or 
 19.16  validity of signatures shall file a protest within the time 
 19.17  provided in subdivision 1 for the secretary of state to verify 
 19.18  the petitions or within seven days of the determination of the 
 19.19  secretary of state under subdivision 1, whichever occurs 
 19.20  earlier.  The protest shall include a brief statement of the 
 19.21  evidence of insufficiency or invalidity.  If an eligible voter 
 19.22  contests the sufficiency or validity of signatures in bad faith, 
 19.23  the voter may be assessed costs of the contest up to a maximum 
 19.24  of $2,000.  The secretary of state shall hear evidence and 
 19.25  determine contests within 21 days after the protest is filed. 
 19.26     Subd. 4.  If the secretary of state determines that the 
 19.27  number of valid signatures is fewer than the number required, 
 19.28  the secretary shall so notify the sponsors, and petitions for 
 19.29  additional signatures may be circulated for an additional period 
 19.30  of 21 days, in the case of a determination of an actual number 
 19.31  deficiency, or 35 days, in the case of an estimated number 
 19.32  deficiency, commencing from the date of notification.  The 
 19.33  secretary shall verify a random sample of the additional 
 19.34  signatures within ten days of receiving them.  If the 
 19.35  verification from the random sample of the additional signatures 
 19.36  does not show that the total number of valid signatures on the 
 20.1   additional petitions is 100 percent or more of the deficiency, 
 20.2   the secretary shall notify the sponsors.  No further action 
 20.3   shall then be taken on the petitions. 
 20.4      Sec. 13.  [3B.41] [RANDOM SAMPLING METHOD OF SIGNATURE 
 20.5   VERIFICATION.] 
 20.6      Subdivision 1.  A sample of signatures to be verified shall 
 20.7   be drawn in such a manner that every signature filed with the 
 20.8   secretary of state shall be given an equal opportunity to be 
 20.9   included in the sample.  The sample shall include five percent 
 20.10  of the signatures. 
 20.11     Subd. 2.  If the verification from the statistical sample 
 20.12  shows that the total number of valid signatures on all the 
 20.13  petitions is 100 percent or more of the minimum number of 
 20.14  signatures needed to declare the number of petition signatures 
 20.15  to be sufficient for each congressional district, the secretary 
 20.16  of state shall determine the number of valid signatures to be 
 20.17  sufficient.  The number of valid signatures shall be determined 
 20.18  by taking the total number of signatures filed in each 
 20.19  congressional district and multiplying it by the percentage of 
 20.20  signatures in the statistical sample which were found to be 
 20.21  valid.  In calculating the number of valid signatures, any 
 20.22  fractions shall be rounded up to one. 
 20.23     Subd. 3.  If the verification from the statistical sample 
 20.24  shows that the number of valid signatures is less than 100 
 20.25  percent of the minimum number of signatures needed to declare 
 20.26  the number of petition signatures to be sufficient for each 
 20.27  congressional district, the secretary of state shall determine 
 20.28  that the number of petition signatures is insufficient.  The 
 20.29  secretary shall give the sponsors written notice of what 
 20.30  percentage of the signatures is valid. 
 20.31     Sec. 14.  [3B.42] [CERTIFICATION BY SECRETARY OF STATE.] 
 20.32     If the number of petition signatures from each 
 20.33  congressional district meets the minimum number required, the 
 20.34  secretary of state shall certify the sufficiency of the 
 20.35  petitions to the sponsors and all county auditors.  The question 
 20.36  of adoption of the law or constitutional amendment proposed by 
 21.1   an initiative petition shall then be placed on the ballot for 
 21.2   the general election.  The secretary of state's certificate 
 21.3   shall state the wording of the question to be placed on the 
 21.4   ballot.  The executive council shall recommend to the secretary 
 21.5   of state a wording for the question.  The ballot question shall 
 21.6   be a true and impartial statement of the intent and purpose of 
 21.7   the initiative.  It shall be in similar form as a ballot 
 21.8   question for a legislative proposal of a constitutional 
 21.9   amendment. 
 21.10     Sec. 15.  [3B.43] [ABANDONMENT OF INITIATIVE.] 
 21.11     The sponsors of an initiative may abandon the measure after 
 21.12  the sufficiency and validity of the petition is certified by the 
 21.13  secretary of state and before June 1 of the even-numbered year 
 21.14  after the petition is filed, if the legislature has enacted a 
 21.15  law or proposed a constitutional amendment with a similar scope 
 21.16  and purpose during that period.  The measure is abandoned if 
 21.17  four-fifths of the sponsors sign a written declaration 
 21.18  abandoning the measure and the declaration is filed with the 
 21.19  secretary of state.  If an initiative is abandoned as provided 
 21.20  in this section, it shall not be placed on the ballot and the 
 21.21  petition shall not be effective to initiate any other proposed 
 21.22  law or constitutional amendment or refer any other existing law. 
 21.23     Sec. 16.  [3B.44] [PLACEMENT OF LAW ON BALLOT.] 
 21.24     If an initiative petition has been certified so that an 
 21.25  initiative will appear on the ballot at the next general 
 21.26  election and the legislature enacts a law or proposes a 
 21.27  constitutional amendment with a scope and purpose similar to 
 21.28  that of the initiative measure during its regular session in 
 21.29  that general election year, the legislature may also place that 
 21.30  law or constitutional amendment on the ballot.  The law shall 
 21.31  appear on the ballot as provided by the legislature unless the 
 21.32  initiative is abandoned as provided in section 3B.43. 
 21.33     Sec. 17.  [3B.45] [NUMBERING OF BALLOT MEASURES.] 
 21.34     The secretary of state shall number in consecutive order 
 21.35  each initiative or referendum ballot measure with the wording 
 21.36  "BALLOT QUESTION...."  Ballot questions shall be numbered 
 22.1   starting from the number one for the first ballot question 
 22.2   certified to be placed on the ballot after the effective date of 
 22.3   this section.  Ballot questions which are certified to appear on 
 22.4   the ballot in general elections in subsequent years shall be 
 22.5   numbered beginning with the first number after the number of the 
 22.6   last ballot question at the last general election.  Their order 
 22.7   on the ballot shall be assigned by the secretary of state. 
 22.8      Sec. 18.  [3B.46] [BALLOTS, VOTING, AND CANVASSING.] 
 22.9      For all initiatives, the ballots shall be prepared, voting 
 22.10  conducted, results canvassed, contests conducted, and results 
 22.11  certified as provided by chapters 200 to 211B. 
 22.12     Sec. 19.  [3B.47] [TIME OF ELECTION.] 
 22.13     Voting upon initiatives and referendums shall be held only 
 22.14  at a general election. 
 22.15     Sec. 20.  [3B.48] [SIMULTANEOUS PETITIONS FOR INITIATIVE 
 22.16  MEASURES.] 
 22.17     Nothing shall prevent multiple simultaneous petition drives 
 22.18  involving identical initiatives by the same or different 
 22.19  sponsors.  However, the first determination by the secretary of 
 22.20  state of the sufficiency of the signatures for one measure shall 
 22.21  constitute abandonment of the other petition drives as of the 
 22.22  date of the secretary's determination. 
 22.23     Sec. 21.  [3B.50] [RESOLUTION OF CONFLICTS BETWEEN 
 22.24  MEASURES.] 
 22.25     Subdivision 1.  Nothing shall prevent petitioning for 
 22.26  measures which are apparently in substantial conflict. 
 22.27     Subd. 2.  If two or more initiatives or initiatives and 
 22.28  referendums which substantially conflict are adopted by a vote 
 22.29  of the people, the one receiving the largest number of 
 22.30  affirmative votes shall be effective.  If it is finally 
 22.31  determined that the measures received an equal number of 
 22.32  affirmative votes, neither shall become effective, but they 
 22.33  shall again be placed on the ballot at the next general election.
 22.34     Subd. 3.  Two or more measures substantially conflict when 
 22.35  any material provision in one measure is irreconcilable with a 
 22.36  material provision in another measure.  A petition may be filed 
 23.1   with the district court by any eligible voter alleging that two 
 23.2   or more adopted measures substantially conflict.  A copy of the 
 23.3   petition shall be served upon the sponsors and upon the attorney 
 23.4   general.  The district court shall issue its findings and 
 23.5   conclusions within 60 days of the filing of the petition.  Upon 
 23.6   a finding that any provisions of measures substantially 
 23.7   conflict, the district court shall find that the entire measures 
 23.8   conflict and state which measure prevails under subdivision 2. 
 23.9      Sec. 22.  [3B.51] [PUBLICATION.] 
 23.10     Initiative or referendum measures which are adopted by the 
 23.11  people shall be published by the revisor of statutes in Laws of 
 23.12  Minnesota and be codified like other laws. 
 23.13     Sec. 23.  [3B.52] [LITERATURE MUST INCLUDE NAMES.] 
 23.14     Any person or committee who shall publish, issue, post, or 
 23.15  circulate, in a print or electronic medium, or cause to be 
 23.16  published, issued, posted, or circulated, other than in a 
 23.17  newspaper as provided in section 3B.53, any literature, campaign 
 23.18  material, or any publication, including cards, pamphlets, 
 23.19  flyers, signs, banners, leaflets, announcements, or other 
 23.20  material tending to influence persons to sign or refuse to sign 
 23.21  an initiative petition or to influence the voting at an election 
 23.22  on an initiative or referendum, which fails to prominently 
 23.23  display the name and mailing address of the author, the name of 
 23.24  the person or committee in whose behalf the same is published, 
 23.25  issued, posted, or circulated, and the name and mailing address 
 23.26  of any other person or committee causing the same to be 
 23.27  published, issued, posted, or circulated, is guilty of a 
 23.28  misdemeanor.  
 23.29     Sec. 24.  [3B.53] [PAID ADVERTISEMENTS IN NEWS.] 
 23.30     Subdivision 1.  No publisher of a newspaper, periodical, or 
 23.31  magazine shall insert in that newspaper, magazine, or 
 23.32  periodical, and no radio or television station shall broadcast 
 23.33  for payment any matter which tends or is intended to influence 
 23.34  directly or indirectly persons to sign or refuse to sign an 
 23.35  initiative petition or voting at an election on a ballot issue 
 23.36  unless it is prominently indicated that it is a paid 
 24.1   advertisement. 
 24.2      Subd. 2.  To the extent that any person sells either 
 24.3   advertising space or broadcast time used on behalf of any 
 24.4   measure, the charges made shall not exceed the charges made for 
 24.5   any other comparable purpose or use according to the seller's 
 24.6   rate schedule. 
 24.7      Sec. 25.  [3B.54] [DISCLOSURE TO ETHICAL PRACTICES BOARD.] 
 24.8      For the purpose of section 10A.01, subdivision 15, 
 24.9   "political committee" includes any association organized to 
 24.10  promote or defeat a ballot question, including the sponsors of a 
 24.11  petition as defined by section 3B.32, subdivision 5, and any 
 24.12  association that gives implicit or explicit consent for any 
 24.13  other person to receive contributions or make expenditures to 
 24.14  promote or defeat a ballot question. 
 24.15     Sec. 26.  [3B.55] [PROHIBITIONS.] 
 24.16     Subdivision 1.  No person shall: 
 24.17     (1) be paid compensation for signing an initiative 
 24.18  petition; 
 24.19     (2) willfully refuse to file a statement of expenses 
 24.20  regarding an initiative when required by law; 
 24.21     (3) file a petition for an initiative with the secretary of 
 24.22  state without the written authorization of the sponsors; 
 24.23     (4) induce a person to sign a petition by fraud, force, or 
 24.24  the threat of force; 
 24.25     (5) pay compensation for signing an initiative petition; 
 24.26     (6) publish in a print or electronic medium any information 
 24.27  regarding an initiative with knowledge that it is false and 
 24.28  which tends to substantially affect adoption or rejection of the 
 24.29  measure when the publication is undertaken primarily for the 
 24.30  purpose of influencing adoption or rejection; 
 24.31     (7) sign a petition with a name other than the person's own 
 24.32  name; or 
 24.33     (8) intentionally sign the same petition more than once. 
 24.34     Subd. 2.  Any person violating any provision of subdivision 
 24.35  1 is guilty of a misdemeanor.  
 24.36     Sec. 27.  [3B.56] [ACTION BY AND NOTIFICATIONS TO 
 25.1   SPONSORS.] 
 25.2      Subdivision 1.  Only sponsors, or those authorized by them 
 25.3   in writing, may file any required document or statement 
 25.4   regarding initiative petitions, measures, or campaigns including 
 25.5   election contests or petition signature count or validity 
 25.6   contests. 
 25.7      Subd. 2.  The signature of the chair, the sponsors, or a 
 25.8   person authorized in writing by the chair, is sufficient to 
 25.9   authorize the filing of any statement or document required by 
 25.10  law.  If the chair authorizes another person to file any 
 25.11  statement or document, a copy of the authorization shall be 
 25.12  attached to the filed statement or document. 
 25.13     Subd. 3.  If notice is required to be given to the 
 25.14  sponsors, it shall be given to those persons provided in 
 25.15  subdivision 2 who may authorize any filing. 
 25.16     Sec. 28.  [3B.57] [PHYSICAL DELIVERY OF DOCUMENTS.] 
 25.17     In sections 3B.31 to 3B.58, whenever a document is required 
 25.18  to be filed or received, only physical deposit of the document 
 25.19  with the indicated person constitutes filing or receipt.  A 
 25.20  mailing date within the time period is not sufficient. 
 25.21     Sec. 29.  [3B.58] [JUDICIAL REVIEW.] 
 25.22     Subdivision 1.  The district court shall have jurisdiction 
 25.23  of any suit involving: 
 25.24     (1) the sufficiency of the number or the validity of 
 25.25  signatures on petitions after the administrative determinations 
 25.26  by the secretary of state have been exhausted; or 
 25.27     (2) resolution of conflicts between initiative or 
 25.28  referendum measures as provided by section 3B.50; or 
 25.29     (3) any suit alleging the unconstitutionality of an adopted 
 25.30  initiative or referendum measure. 
 25.31     Subd. 2.  Venue for all suits and criminal prosecutions 
 25.32  involving initiative or referendum matters shall be in the 
 25.33  district court in Ramsey county. 
 25.34     Subd. 3.  Suits contesting a final administrative 
 25.35  determination of the number or validity of signatures on 
 25.36  petitions shall be filed not later than ten calendar days after 
 26.1   the final determination. 
 26.2      Suits involving conflicts between initiative or referendum 
 26.3   measures shall be filed prior to the effective date of the 
 26.4   initiative or referendum measures. 
 26.5      Subd. 4.  A court may defer the effective date of an 
 26.6   adopted initiative or referendum measure when a deferral, in the 
 26.7   discretion of the court, is found to be in the interest of 
 26.8   justice. 
 26.9      Sec. 30.  Minnesota Statutes 1994, section 10A.20, is 
 26.10  amended by adding a subdivision to read: 
 26.11     Subd. 2a.  In addition to the reports required by 
 26.12  subdivision 2, a political committee organized to promote or 
 26.13  defeat an initiative or referendum shall also file reports not 
 26.14  later than five days after a petition to place the question on 
 26.15  the ballot is certified pursuant to section 3B.42 or within ten 
 26.16  days after organizing, whichever is later. 
 26.17     Sec. 31.  Minnesota Statutes 1994, section 204C.19, 
 26.18  subdivision 2, is amended to read: 
 26.19     Subd. 2.  [BALLOTS; ORDER OF COUNTING.] Except as otherwise 
 26.20  provided in this subdivision, the ballot boxes shall be opened, 
 26.21  the votes counted, and the total declared one box at a time in 
 26.22  the following order:  the white box, the pink box, the violet 
 26.23  box, the canary box, the light green box, the blue box, the buff 
 26.24  box, the goldenrod box, the gray box, and then the other kinds 
 26.25  of ballots voted at the election.  If enough election judges are 
 26.26  available to provide counting teams of four or more election 
 26.27  judges for each box, more than one box may be opened and counted 
 26.28  at the same time.  The election judges on each counting team 
 26.29  shall be evenly divided between the major political parties.  
 26.30  The numbers entered on the summary sheet shall not be considered 
 26.31  final until the ballots in all the boxes have been counted and 
 26.32  corrections have been made if ballots have been deposited in the 
 26.33  wrong boxes. 
 26.34     Sec. 32.  Minnesota Statutes 1994, section 204C.27, is 
 26.35  amended to read: 
 26.36     204C.27 [DELIVERY OF RETURNS TO COUNTY AUDITORS.] 
 27.1      One or more of the election judges in each precinct shall 
 27.2   deliver two sets of summary statements; all spoiled white, pink, 
 27.3   violet, canary, and gray ballots; and the envelopes containing 
 27.4   the white, pink, canary, and gray ballots either directly to the 
 27.5   municipal clerk for transmittal to the county auditor's office 
 27.6   or directly to the county auditor's office as soon as possible 
 27.7   after the vote counting is completed but no later than 24 hours 
 27.8   after the end of the hours for voting.  One or more election 
 27.9   judges shall deliver the remaining set of summary statements and 
 27.10  returns, all unused and spoiled municipal and school district 
 27.11  ballots, the envelopes containing municipal and school district 
 27.12  ballots, and all other things furnished by the municipal or 
 27.13  school district clerk, to the municipal or school district 
 27.14  clerk's office within 24 hours after the end of the hours for 
 27.15  voting.  The municipal or school district clerk shall return all 
 27.16  polling place rosters and completed voter registration cards to 
 27.17  the county auditor within 48 hours after the end of the hours 
 27.18  for voting.  
 27.19     Sec. 33.  Minnesota Statutes 1994, section 204C.33, is 
 27.20  amended to read: 
 27.21     204C.33 [CANVASS OF STATE GENERAL ELECTIONS.] 
 27.22     Subdivision 1.  [COUNTY CANVASS.] The county canvassing 
 27.23  board shall meet at the county auditor's office on or before the 
 27.24  third day following the state general election.  After taking 
 27.25  the oath of office, the board shall promptly and publicly 
 27.26  canvass the general election returns delivered to the county 
 27.27  auditor.  Upon completion of the canvass, the board shall 
 27.28  promptly prepare and file with the county auditor a report which 
 27.29  states:  
 27.30     (a) the number of individuals voting at the election in the 
 27.31  county and in each precinct; 
 27.32     (b) the number of individuals registering to vote on 
 27.33  election day and the number of individuals registered before 
 27.34  election day in each precinct; 
 27.35     (c) the names of the candidates for each office and the 
 27.36  number of votes received by each candidate in the county and in 
 28.1   each precinct; 
 28.2      (d) the number of votes counted for and against a proposed 
 28.3   change of county lines or county seat; and 
 28.4      (e) the number of votes counted for and against a 
 28.5   constitutional amendment or other question in the county and in 
 28.6   each precinct; and 
 28.7      (f) the number of votes counted for and against each 
 28.8   initiative and referendum.  
 28.9      Upon completion of the canvass, the county canvassing board 
 28.10  shall declare the candidate duly elected who received the 
 28.11  highest number of votes for each county and state office voted 
 28.12  for only within the county.  The county auditor shall promptly 
 28.13  certify to the secretary of state the vote reported by the 
 28.14  county canvassing board for candidates voted for in more than 
 28.15  one county.  
 28.16     Subd. 2.  [COUNTY CANVASSING BOARD REPORTS; PUBLIC 
 28.17  AVAILABILITY.] The county auditor of each county shall provide a 
 28.18  certified copy of the county canvassing board report to anyone 
 28.19  who requests it upon payment to the auditor of costs of 
 28.20  reproduction actually incurred by the auditor's office.  The 
 28.21  auditor shall not take into account the general office expenses 
 28.22  or other expenses.  
 28.23     Subd. 3.  [STATE CANVASS.] The state canvassing board shall 
 28.24  meet at the secretary of state's office on the second Tuesday 
 28.25  following the state general election to canvass the certified 
 28.26  copies of the county canvassing board reports received from the 
 28.27  county auditors and shall prepare a report that states: 
 28.28     (a) the number of individuals voting in the state and in 
 28.29  each county; 
 28.30     (b) the number of votes received by each of the candidates, 
 28.31  specifying the counties in which they were cast; and 
 28.32     (c) the number of votes counted for and against each 
 28.33  constitutional amendment, specifying the counties in which they 
 28.34  were cast; and 
 28.35     (d) the number of votes counted for and against initiative 
 28.36  and referendum. 
 29.1      All members of the state canvassing board shall sign the 
 29.2   report and certify its correctness.  The state canvassing board 
 29.3   shall declare the result within three days after completing the 
 29.4   canvass.  
 29.5      Sec. 34.  Minnesota Statutes 1994, section 204D.11, is 
 29.6   amended by adding a subdivision to read: 
 29.7      Subd. 3a.  [VIOLET BALLOT.] All initiative or referendum 
 29.8   ballot questions shall be on one violet ballot.  The order of 
 29.9   the questions shall be the order assigned under section 3B.45. 
 29.10     Sec. 35.  Minnesota Statutes 1994, section 204D.15, is 
 29.11  amended to read: 
 29.12     204D.15 [PINK BALLOT AND VIOLET BALLOTS; FORM; 
 29.13  DISTRIBUTION; SAMPLE BALLOT.] 
 29.14     Subdivision 1.  [TITLES FOR CONSTITUTIONAL AMENDMENTS.] The 
 29.15  secretary of state shall provide an appropriate title for each 
 29.16  question printed on the pink ballot and violet ballots.  The 
 29.17  title shall be approved by the attorney general, and shall 
 29.18  consist of not more than one printed line above the question to 
 29.19  which it refers.  At the top of the pink ballot just below the 
 29.20  heading, a conspicuous notice shall be printed stating that a 
 29.21  voter's failure to vote on a constitutional amendment has the 
 29.22  effect of a negative vote. 
 29.23     Subd. 2.  [DISTRIBUTION.] The pink ballot and violet 
 29.24  ballots shall be provided in groups of 50.  At least 25 days 
 29.25  before the state general election the secretary of state shall 
 29.26  forward to the county auditor of each county sufficient ballots 
 29.27  to enable the county auditor to comply with the absentee voting 
 29.28  provisions of section 204B.28, subdivision 2.  The county 
 29.29  auditor shall give a receipt to the secretary of state stating 
 29.30  the number of pink and violet ballots and the date when they 
 29.31  were received.  
 29.32     Subd. 3.  [SAMPLE PINK BALLOT AND VIOLET BALLOTS.] Four 
 29.33  weeks before the state general election the secretary of state 
 29.34  shall file sample copies of the pink ballot and violet ballots 
 29.35  in the secretary of state's office for public inspection.  Three 
 29.36  weeks before the state general election the secretary of state 
 30.1   shall mail sample copies of the pink ballot and violet ballots 
 30.2   to each county auditor.  Each auditor shall post the sample 
 30.3   ballot in a conspicuous place in the auditor's office.  
 30.4      Sec. 36.  Minnesota Statutes 1994, section 204D.16, is 
 30.5   amended to read: 
 30.6      204D.16 [SAMPLE GENERAL ELECTION BALLOTS; POSTING; 
 30.7   PUBLICATION.] 
 30.8      Two weeks before the state general election the county 
 30.9   auditor shall prepare sample copies of the white and canary 
 30.10  ballots and shall post copies of these sample ballots and a 
 30.11  sample of the pink ballot and violet ballots in the auditor's 
 30.12  office for public inspection.  No earlier than 15 days and no 
 30.13  later than two days before the state general election the county 
 30.14  auditor shall cause the sample white and canary ballots to be 
 30.15  published in at least one newspaper of general circulation in 
 30.16  the county. 
 30.17     Sec. 37.  Minnesota Statutes 1994, section 204D.165, is 
 30.18  amended to read: 
 30.19     204D.165 [SAMPLE BALLOTS TO SCHOOLS.] 
 30.20     Notwithstanding any contrary provisions in section 204D.09 
 30.21  or 204D.16, the county auditor, two weeks before the applicable 
 30.22  primary or general election, shall provide one copy of the 
 30.23  sample partisan primary, nonpartisan primary, canary, white, or 
 30.24  pink, or violet ballot to a school district upon request.  The 
 30.25  school district may have the sample ballots reproduced at its 
 30.26  expense for classroom educational purposes and for educational 
 30.27  activities authorized under section 204B.27, subdivision 7. 
 30.28     Sec. 38.  [EFFECTIVE DATE.] 
 30.29     Sections 3 to 37 take effect the day after approval by the 
 30.30  people of the constitutional amendment proposed by section 1. 
 30.31                             ARTICLE 6 
 30.32                       LEGISLATIVE PROCEDURES
 30.33     Section 1.  [3.053] [ROTATION OF COMMITTEE AND DIVISION 
 30.34  CHAIRS.] 
 30.35     Subdivision 1.  [HOUSE OF REPRESENTATIVES.] A member of the 
 30.36  house of representatives may not serve as the chair of the same 
 31.1   standing committee, or a standing committee with substantially 
 31.2   the same jurisdiction, during more than three consecutive 
 31.3   regular biennial sessions.  Service as the chair before the 79th 
 31.4   legislature does not count in applying this limitation.  Service 
 31.5   during a biennial session for less than three months does not 
 31.6   count in applying this limitation. 
 31.7      Subd. 2.  [SENATE.] A member of the senate may not serve as 
 31.8   the chair of a standing committee or a division of a standing 
 31.9   committee, or a committee or division with substantially the 
 31.10  same jurisdiction, for more than two consecutive senate terms.  
 31.11  This limit applies to time served as a chair in the 78th 
 31.12  legislature and thereafter.  
 31.13     Sec. 2.  Minnesota Statutes 1994, section 3.099, 
 31.14  subdivision 1, is amended to read: 
 31.15     Subdivision 1.  [PAY DAYS; MILEAGE; PER DIEM.] The 
 31.16  compensation of each member of the legislature is due on the 
 31.17  first day of the regular legislative session of the term and 
 31.18  payable in equal parts on January 15, in the first month of each 
 31.19  term and on the first day of each following month during the 
 31.20  term for which the member was elected.  The compensation of each 
 31.21  member of the legislature elected at a special election is due 
 31.22  on the day the member takes the oath of office and payable 
 31.23  within ten days of taking the oath for the remaining part of the 
 31.24  month in which the oath was taken, and then in equal parts on 
 31.25  the first day of each following month during the term for which 
 31.26  the member was elected. 
 31.27     Each member shall receive mileage for necessary travel to 
 31.28  the place of meeting and returning to the member's residence in 
 31.29  the amount and for trips as authorized by the senate for senate 
 31.30  members and by the house of representatives for house members. 
 31.31     Each member shall also receive per diem living expenses for 
 31.32  each day that the house to which the member belongs meets during 
 31.33  a regular or special session of the legislature in the amounts 
 31.34  and for the purposes as determined by the senate for senate 
 31.35  members and by the house of representatives for house members. 
 31.36     On January 15 in the first month of each term and on the 
 32.1   first day of each following month, the secretary of the senate 
 32.2   and the chief clerk of the house of representatives shall 
 32.3   certify to the commissioner of finance, in duplicate, the amount 
 32.4   of compensation then payable to each member of their respective 
 32.5   houses and its total. 
 32.6      Sec. 3.  Minnesota Statutes 1994, section 3.196, is amended 
 32.7   to read: 
 32.8      3.196 [AUDITS.] 
 32.9      The house of representatives and the senate shall each 
 32.10  contract with the state auditor or a certified public accountant 
 32.11  to perform an audit at least biennially. 
 32.12     Sec. 4.  Minnesota Statutes 1994, section 10A.07, 
 32.13  subdivision 2, is amended to read: 
 32.14     Subd. 2.  [RESOLUTION OF CONFLICTS.] If the official is not 
 32.15  a member of the legislature or of the governing body of a 
 32.16  metropolitan governmental unit, the superior shall assign the 
 32.17  matter, if possible, to another employee who does not have a 
 32.18  potential conflict of interest.  If there is no immediate 
 32.19  superior, the official shall abstain, if possible, in a manner 
 32.20  prescribed by the board from influence over the action or 
 32.21  decision in question.  If the official is a member of the 
 32.22  legislature, the house of service may, at the member's request, 
 32.23  shall excuse the member from taking part in the action or 
 32.24  decision in question.  A member of the legislature may not 
 32.25  author legislation or vote upon any matter in which the member 
 32.26  has a direct or pecuniary interest, including, but not limited 
 32.27  to, matters relating to a member's occupation practiced 
 32.28  concurrently with the member's term. 
 32.29     If the official is not permitted or is otherwise unable to 
 32.30  abstain from action in connection with the matter, the official 
 32.31  shall file a statement describing the potential conflict and the 
 32.32  action taken.  A public official shall file the statement with 
 32.33  the board and a local official shall file the statement with the 
 32.34  governing body of the official's political subdivision.  The 
 32.35  statement must be filed within a week of the action taken. 
 32.36     Sec. 5.  [EFFECTIVE DATE.] 
 33.1      Section 1 is effective January 1, 1997.  Service as a chair 
 33.2   before and after the effective date of section 1 shall be 
 33.3   counted in determining the limits established by section 1.