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HF 2405

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 05/15/2010 10:42am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 3rd Engrossment

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A bill for an act
relating to the legislature; proposing an amendment to the Minnesota
Constitution, article IV, section 4; providing for temporary successors to
members of the legislature called into active military service; providing for
implementing statutory language; proposing coding for new law in Minnesota
Statutes, chapter 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text beginCONSTITUTIONAL AMENDMENT PROPOSED.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to the people. If the
amendment is adopted, article IV, section 4, will read:
new text end

Sec. 4.

Representatives shall be chosen for a term of two years, except to fill a vacancy.
Senators shall be chosen for a term of four years, except to fill a vacancy and except there
shall be an entire new election of all the senators at the first election of representatives after
each new legislative apportionment provided for in this article. The governor shall call
elections to fill vacancies in either house of the legislature.new text begin The legislature shall provide by
law for the prompt and temporary succession to the powers and duties of a member of the
legislature if the incumbent member determines that the member is unavailable to perform
legislative functions or duties due to being ordered to active duty in the armed services of
the United States for a period anticipated to be more than 30 consecutive legislative days.
new text end

Sec. 2. new text beginSUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment shall be submitted to the people at the 2010 general
election. The question submitted shall be:
new text end

new text begin "Shall the Minnesota Constitution be amended to require the legislature to enact
laws providing for prompt and temporary succession to the powers and duties of a
legislator who is ordered to active duty in the armed forces of the United States for a
period anticipated to be more than 30 consecutive legislative days?
new text end

new text begin Yes
.
new text end
new text begin No . "
new text end

Sec. 3.

new text begin [3.025] TEMPORARY SUCCESSOR; SELECTIONS; DEFINITIONS.
new text end

new text begin (a) In accordance with article IV, section 4, of the Minnesota Constitution, for each
legislator who is ordered to active duty in the armed services of the United States, a
designee shall be selected to act as a temporary successor to the legislator's powers and
duties during the period the legislator is on active duty. This section applies only if the
legislator ordered to active duty anticipates that the legislator will be unable to perform
legislative functions or duties for more than 30 consecutive legislative days.
new text end

new text begin (b) Each person designated to serve as a temporary successor for a legislator must
have the qualifications and eligibility to serve as a member of the legislature from the
district of the legislator for whom the person has been designated.
new text end

new text begin (c)(1) Each legislator who may be ordered to active duty in the armed services of the
United States shall submit in writing to the presiding officer of the house of the legislature
of which the person is a member, or to the minority leader of that house if the person is
a member of the minority caucus, the names and contact information of at least three
qualified nominees to be the legislator's temporary successor.
new text end

new text begin (2) A legislator who is notified that the legislator is being ordered to active duty in
the armed services shall immediately notify the presiding officer or minority leader, as
applicable, of the legislator's house of the legislature in writing of the time period the
legislator anticipates being unavailable to perform the powers and duties of the legislator's
office.
new text end

new text begin (3) Upon written notification from a legislator that the legislator has been ordered to
active duty and that the legislator has determined that the legislator will be unavailable to
perform the powers and duties of the legislator's office, the appropriate presiding officer,
or minority leader if the legislator is a member of the minority caucus, shall immediately
designate a temporary successor from the list of qualified nominees submitted by the
legislator. The presiding officer or minority leader shall immediately notify each member
of that legislator's house of the legislature of the name of the person designated to serve
as a temporary successor.
new text end

new text begin (d) All constitutional and statutory provisions pertaining to the discipline and
expulsion of a legislator shall be applicable to a temporary successor.
new text end

new text begin (e) If a temporary successor is unable to serve for any reason, the appropriate
presiding officer or minority leader shall designate a different person to serve from the list
of qualified nominees submitted by the legislator.
new text end

new text begin (f) For purposes of this section, "armed services" means the armed forces of the
United States as defined by United States Code, title 10, section 101(a)(4), including
reserve components of the armed forces, the Army National Guard, and the Air National
Guard.
new text end

Sec. 4.

new text begin [3.026] ASSUMPTION OF POWERS AND DUTIES OF LEGISLATOR
BY TEMPORARY SUCCESSOR.
new text end

new text begin A temporary successor shall exercise the powers and assume the duties of the
legislator from the date the legislator reports to active duty until the legislator notifies the
presiding officer or minority leader of the legislator's house of the legislature in writing of
the date that the legislator can exercise the powers and duties of the legislator's office.
However, no temporary successor shall serve in such capacity beyond the end of the term
of office of the legislator for whom the successor is designated.
new text end

Sec. 5.

new text begin [3.027] PRIVILEGES, IMMUNITIES, AND COMPENSATION OF
TEMPORARY SUCCESSORS; COMPENSATION OF LEGISLATOR.
new text end

new text begin (a) During the time period a temporary successor exercises the powers and assumes
the duties of a legislator, the successor shall be accorded the privileges, immunities, and
compensation to which a legislator is entitled.
new text end

new text begin (b) During the time period a temporary successor is exercising the powers and duties
of a legislator on active duty, the legislator on active duty shall not be entitled to the
legislator's salary or other compensation. However, the allowances for the district office
of the legislator and the provisions for the legislator's legislative assistant or assistants
shall continue in a manner provided by law and the rules of procedure of the legislator's
house of the legislature.
new text end

Sec. 6. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 3, 4, and 5 are effective on adoption of the amendment to the Minnesota
Constitution proposed to the people in section 1.
new text end