HF 2718

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             proposing an amendment to the Minnesota Constitution, 
  1.3             article IV, sections 1, 2, 3, 4, 5, 6, 9, 18, 19, 20, 
  1.4             22, and 23; article V, sections 3 and 5; article VIII, 
  1.5             section 1; and article IX, sections 1 and 2; 
  1.6             establishing a council-assembly form of state 
  1.7             government; changing the names, sizes, duties, and 
  1.8             authority of the houses of the legislature; changing 
  1.9             the terms of legislators; changing the composition of 
  1.10            the metropolitan council; proposing the establishment 
  1.11            of a greater Minnesota regional council; amending 
  1.12            Minnesota Statutes 1998, sections 2.021; 2.031, 
  1.13            subdivision 1; 473.123, subdivisions 1 and 4; 
  1.14            repealing Minnesota Statutes 1998, section 473.123, 
  1.15            subdivisions 2a, 3, 3a, and 3c. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  [CONSTITUTIONAL AMENDMENT.] 
  1.18     An amendment to the Minnesota Constitution, article IV, 
  1.19  sections 1, 2, 3, 4, 5, 6, 9, 18, 19, 20, 22, 23; article V, 
  1.20  sections 3 and 5; article VIII, section 1; and article IX, 
  1.21  sections 1 and 2, is proposed to the people.  If the amendment 
  1.22  is adopted, article IV, section 1, will read: 
  1.23     Section 1.  The legislature consists of the senate council 
  1.24  and house of representatives assembly.  
  1.25     article IV, section 2, will read: 
  1.26     Sec. 2.  The number of members who compose the senate 
  1.27  council and house of representatives assembly shall be 
  1.28  prescribed by law, provided that the council may have no more 
  1.29  than 48 members.  The representation in both houses shall be 
  1.30  apportioned equally throughout the different sections of the 
  2.1   state in proportion to the population thereof as provided in 
  2.2   this article.  
  2.3      article IV, section 3, will read: 
  2.4      Sec. 3.  At its first session after each enumeration of the 
  2.5   inhabitants of this state made by the authority of the United 
  2.6   States, the legislature shall have the power to prescribe the 
  2.7   bounds of congressional and legislative districts.  Senators 
  2.8   Members of the council and of the assembly shall each be chosen 
  2.9   by single districts of convenient contiguous territory within 
  2.10  congressional districts.  No representative district shall be 
  2.11  divided in the formation of a senate district.  The senate 
  2.12  districts shall be numbered in a regular series.  No council or 
  2.13  assembly district may be divided in the formation of a 
  2.14  congressional district. 
  2.15     article IV, section 4, will read: 
  2.16     Sec. 4.  Representatives Members of the assembly shall be 
  2.17  chosen for a term of two four years, except to fill a vacancy.  
  2.18  Senators shall be chosen for a term of four years, except to 
  2.19  fill a vacancy and except that there shall be an entire new 
  2.20  election of all the senators members of the assembly at the 
  2.21  first election of representatives members after each new 
  2.22  legislative apportionment provided for in this article.  Members 
  2.23  of the council shall be chosen for a term of six years, except 
  2.24  to fill a vacancy and except that there shall be an entire new 
  2.25  election of all the members of the council after each new 
  2.26  apportionment.  The governor shall call elections to fill 
  2.27  vacancies in either house of the legislature. 
  2.28     article IV, section 5, will read: 
  2.29     Sec. 5.  No senator or representative member of the 
  2.30  legislature shall hold any other office under the authority of 
  2.31  the United States or the state of Minnesota, except that of 
  2.32  postmaster or of notary public and except that each member of 
  2.33  the state council is also a member either of the regional 
  2.34  council for the metropolitan area of the state or the regional 
  2.35  council for the remainder of the state, serving in the manner 
  2.36  and with the duties and authority prescribed by law.  If elected 
  3.1   or appointed to another office, a legislator may resign from the 
  3.2   legislature by tendering his a resignation to the governor. 
  3.3      article IV, section 6, will read: 
  3.4      Sec. 6.  Senators and representatives Members of the 
  3.5   legislature shall be qualified voters of the state, and shall 
  3.6   have resided one year in the state and six months immediately 
  3.7   preceding the election in the district from which elected.  Each 
  3.8   house shall be the judge of the election returns and eligibility 
  3.9   of its own members.  The legislature shall prescribe by law the 
  3.10  manner for taking evidence in cases of contested seats in either 
  3.11  house. 
  3.12     article IV, section 9, will read: 
  3.13     Sec. 9.  The compensation of senators and representatives 
  3.14  members of the legislature shall be prescribed by law.  No 
  3.15  increase of compensation shall take effect during the period for 
  3.16  which the members of the existing house of representatives 
  3.17  assembly may have been elected.  
  3.18     article IV, section 18, will read: 
  3.19     Sec. 18.  All bills for raising revenue shall originate in 
  3.20  and be considered, acted upon, and passed only by the house of 
  3.21  representatives assembly, but the senate may propose and concur 
  3.22  with the amendments as on other bills except as otherwise 
  3.23  expressly provided in this constitution.  The concurrence of the 
  3.24  council shall be required for the following actions:  passing a 
  3.25  law that changes the number of members of the legislature or the 
  3.26  boundaries of legislative districts; proposing a constitutional 
  3.27  amendment under article IX; passing a law or enacting an item of 
  3.28  appropriation notwithstanding the objections of the governor 
  3.29  under section 23; passing a law affecting the organization, 
  3.30  financial affairs, authority, or responsibility of the regional 
  3.31  councils; or passing a law that increases or decreases the 
  3.32  general rate or expands the taxable base of a state tax, that 
  3.33  increases or decreases property taxes, that creates or 
  3.34  eliminates a state tax, or that authorizes debt as provided in 
  3.35  article XI, section 5. 
  3.36     article IV, section 19, will read:  
  4.1      Sec. 19.  Every bill requiring the concurrence of both 
  4.2   houses shall be reported on three different days in each house, 
  4.3   unless, in case of urgency, two-thirds of the house where the 
  4.4   bill is pending deem it expedient to dispense with this rule.  
  4.5      article IV, section 20, will read: 
  4.6      Sec. 20.  Every bill passed by requiring the concurrence of 
  4.7   both houses shall be enrolled and signed by the presiding 
  4.8   officer of each house.  Every bill that requires passage only by 
  4.9   the assembly shall be enrolled and signed by the presiding 
  4.10  officer of the assembly.  Any presiding officer refusing to sign 
  4.11  a bill passed by both houses as required by this article shall 
  4.12  thereafter be disqualified from any office of honor or profit in 
  4.13  the state.  Each house by rule shall provide the manner in which 
  4.14  a bill shall be certified for presentation to the governor in 
  4.15  case of such refusal. 
  4.16     article IV, section 22, will read: 
  4.17     Sec. 22.  The style of all laws of this state shall be:  
  4.18  "Be it enacted by the legislature of the state of Minnesota."  
  4.19  No law shall be passed unless voted for by a majority of all the 
  4.20  members elected to each house of the legislature that is 
  4.21  required to concur in the passage of the law, and the vote 
  4.22  entered in the journal of each house. 
  4.23     article IV, section 23, will read: 
  4.24     Sec. 23.  Every bill passed in conformity to the applicable 
  4.25  rules of each house and the joint rules of the two houses shall 
  4.26  be presented to the governor.  If he the governor approves a 
  4.27  bill, he the governor shall sign it, deposit it in the office of 
  4.28  the secretary of state and notify the house in which it 
  4.29  originated of that fact.  If he the governor vetoes a bill, he 
  4.30  the governor shall return it with his objections to the house in 
  4.31  which it originated.  His The governor's objections shall be 
  4.32  entered in the journal.  If, after reconsideration, two-thirds 
  4.33  of that house agree to pass the bill, it shall be sent, together 
  4.34  with the governor's objections, to the other house, which shall 
  4.35  likewise reconsider it.  If approved by two-thirds of that house 
  4.36  it becomes a law and shall be deposited in the office of the 
  5.1   secretary of state.  In such cases the votes of both houses 
  5.2   shall be determined by yeas and nays, and the names of the 
  5.3   persons voting for or against the bill shall be entered in the 
  5.4   journal of each house.  Any bill not returned by the governor 
  5.5   within three days (Sundays excepted) after it is presented to 
  5.6   him the governor becomes a law as if he the governor had signed 
  5.7   it, unless the legislature by adjournment within that time 
  5.8   prevents its return.  Any bill passed during the last three days 
  5.9   of a session may be presented to the governor during the three 
  5.10  days following the day of final adjournment and becomes law if 
  5.11  the governor signs and deposits it in the office of the 
  5.12  secretary of state within 14 days after the adjournment of the 
  5.13  legislature.  Any bill passed during the last three days of the 
  5.14  session which is not signed and deposited within 14 days after 
  5.15  adjournment does not become a law. 
  5.16     If a bill presented to the governor contains several items 
  5.17  of appropriation of money, he the governor may veto one or more 
  5.18  of the items while approving the bill.  At the time he the 
  5.19  governor signs the bill the governor shall append to it a 
  5.20  statement of the items he vetoes vetoed and the vetoed items 
  5.21  shall not take effect.  If the legislature is in session, he the 
  5.22  governor shall transmit to the house in which the bill 
  5.23  originated a copy of the statement, and the items vetoed shall 
  5.24  be separately reconsidered.  If on reconsideration any item is 
  5.25  approved by two-thirds of the members elected to each house, it 
  5.26  is a part of the law notwithstanding the objections of the 
  5.27  governor. 
  5.28     article V, section 3, will read: 
  5.29     Sec. 3.  The governor shall communicate by message to each 
  5.30  session of the legislature information touching the state and 
  5.31  country.  He The governor is commander-in-chief of the military 
  5.32  and naval forces and may call them out to execute the laws, 
  5.33  suppress insurrection, and repel invasion.  He The governor may 
  5.34  require the opinion in writing of the principal officer in each 
  5.35  of the executive departments upon any subject relating to his 
  5.36  the governor's duties.  With the advice and consent of 
  6.1   the senate he council, the governor may appoint notaries public 
  6.2   and other officers provided by law.  He The governor may appoint 
  6.3   commissioners to take the acknowledgment of deeds or other 
  6.4   instruments in writing to be used in the state.  He The governor 
  6.5   shall take care that the laws be faithfully executed.  He The 
  6.6   governor shall fill any vacancy that may occur in the offices of 
  6.7   secretary of state, auditor, attorney general, and the other 
  6.8   state and district offices hereafter created by law until the 
  6.9   end of the term for which the person who had vacated the office 
  6.10  was elected or the first Monday in January following the next 
  6.11  general election, whichever is sooner, and until a successor is 
  6.12  chosen and qualified. 
  6.13     article V, section 5, will read: 
  6.14     Sec. 5.  In case a vacancy occurs from any cause whatever 
  6.15  in the office of governor, the lieutenant governor shall be 
  6.16  governor during such vacancy.  The compensation of the 
  6.17  lieutenant governor shall be prescribed by law.  The last 
  6.18  elected presiding officer of the senate council shall become 
  6.19  lieutenant governor in case a vacancy occurs in that office. In 
  6.20  case the governor is unable to discharge the powers and duties 
  6.21  of his office, the same devolves on the lieutenant governor.  
  6.22  The legislature may provide by law for the case of the removal, 
  6.23  death, resignation, or inability both of the governor and 
  6.24  lieutenant governor to discharge the duties of governor and may 
  6.25  provide by law for continuity of government in periods of 
  6.26  emergency resulting from disasters caused by enemy attack in 
  6.27  this state, including but not limited to, succession to the 
  6.28  powers and duties of public office and change of the seat of 
  6.29  government. 
  6.30     article VIII, section 1, will read: 
  6.31     Section 1.  The house of representatives assembly has the 
  6.32  sole power of impeachment through a concurrence of a majority of 
  6.33  all its members.  All impeachments shall be tried by the 
  6.34  senate council.  When sitting for that purpose, senators members 
  6.35  of the council shall be upon oath or affirmation to do justice 
  6.36  according to law and evidence.  No person shall be convicted 
  7.1   without the concurrence of two-thirds of the senators council 
  7.2   members present. 
  7.3      article IX, section 1, will read: 
  7.4      Section 1.  A majority of the members elected to each house 
  7.5   of the legislature the assembly may propose amendments to this 
  7.6   constitution, with the concurrence of a majority of the members 
  7.7   elected to the council.  Proposed amendments shall be published 
  7.8   with the laws passed at the same session and submitted to the 
  7.9   people for their approval or rejection at a general election.  
  7.10  If a majority of all the electors voting at the election vote to 
  7.11  ratify an amendment, it becomes a part of this constitution.  If 
  7.12  two or more amendments are submitted at the same time, voters 
  7.13  shall vote for or against each separately. 
  7.14     and article IX, section 2, will read: 
  7.15     Sec. 2.  Two-thirds of the members elected to each house of 
  7.16  the legislature the assembly, with the concurrence of two-thirds 
  7.17  of the members elected to the council, may submit to the 
  7.18  electors at the next general election the question of calling a 
  7.19  convention to revise this constitution.  If a majority of all 
  7.20  the electors voting at the election vote for a convention, the 
  7.21  legislature at its next session, shall provide by law for 
  7.22  calling the convention.  The convention shall consist of as many 
  7.23  delegates as there are members of the house of representatives 
  7.24  assembly.  Delegates shall be chosen in the same manner as 
  7.25  members of the house of representatives assembly and shall meet 
  7.26  within three months after their election.  Section 5 of Article 
  7.27  IV of the constitution, section 5, does not apply to election to 
  7.28  the convention. 
  7.29     Sec. 2.  [QUESTION.] 
  7.30     The proposed amendment shall be submitted to the people at 
  7.31  the 2000 election.  The question submitted shall be: 
  7.32     "Shall the Minnesota Constitution be amended to change the 
  7.33  names of the two houses of the legislature to the state council 
  7.34  and assembly, to extend the terms of legislators, to change 
  7.35  requirements for the drawing of the boundaries of legislative 
  7.36  districts, to limit the authority of the council to the 
  8.1   enactment of certain laws, and to extend the authority of the 
  8.2   members of the council to regional government and administration?
  8.3                                      Yes .......
  8.4                                      No ........"
  8.5      Sec. 3.  Minnesota Statutes 1998, section 2.021, is amended 
  8.6   to read: 
  8.7      2.021 [NUMBER OF MEMBERS.] 
  8.8      For each legislature, until a new apportionment shall have 
  8.9   been made, the senate council is composed of 67 48 members and 
  8.10  the house of representatives assembly is composed of 134 120 
  8.11  members. 
  8.12     Sec. 4.  Minnesota Statutes 1998, section 2.031, 
  8.13  subdivision 1, is amended to read: 
  8.14     Subdivision 1.  [LEGISLATIVE DISTRICTS.] The 
  8.15  representatives in the senate and house of 
  8.16  representatives members of the council are apportioned 
  8.17  throughout the state in 67 senate 48 council districts and 134 
  8.18  house districts, six within each congressional district.  
  8.19  Each senate council district is entitled to elect one senator 
  8.20  and one member of the council.  The members of the assembly are 
  8.21  apportioned throughout the state in 120 assembly districts, 15 
  8.22  within each congressional district.  Each house assembly 
  8.23  district is entitled to elect one representative member of the 
  8.24  assembly. 
  8.25     Sec. 5.  Minnesota Statutes 1998, section 473.123, 
  8.26  subdivision 1, is amended to read: 
  8.27     Subdivision 1.  [CREATION.] A metropolitan council with 
  8.28  jurisdiction in the metropolitan area is established as a public 
  8.29  corporation and political subdivision of the state.  It shall be 
  8.30  under the supervision and control of 17 the members, all of whom 
  8.31  shall be of the state council who are residents of the 
  8.32  metropolitan area. 
  8.33     Sec. 6.  Minnesota Statutes 1998, section 473.123, 
  8.34  subdivision 4, is amended to read: 
  8.35     Subd. 4.  [CHAIR; APPOINTMENT, OFFICERS, SELECTION; DUTIES 
  8.36  AND COMPENSATION.] (a) The chair of the metropolitan council 
  9.1   shall be appointed by the governor as the 17th voting member 
  9.2   thereof by and with the advice and consent of the senate to 
  9.3   serve at the pleasure of the governor to represent the 
  9.4   metropolitan area at large.  Senate confirmation shall be as 
  9.5   provided by section 15.066 elected by the members of the 
  9.6   metropolitan council from among its membership.  
  9.7      The chair of the metropolitan council shall, if present, 
  9.8   preside at meetings of the council, have the primary 
  9.9   responsibility for meeting with local elected officials, serve 
  9.10  as the principal legislative liaison, present to the governor 
  9.11  and the legislature, after council approval, the council's plans 
  9.12  for regional governance and operations, serve as the principal 
  9.13  spokesperson of the council, and perform other duties assigned 
  9.14  by the council or by law. 
  9.15     (b) The metropolitan council shall elect other officers as 
  9.16  it deems necessary for the conduct of its affairs for a one-year 
  9.17  term.  A secretary and treasurer need not be members of the 
  9.18  metropolitan council.  Meeting times and places shall be fixed 
  9.19  by the metropolitan council and special meetings may be called 
  9.20  by a majority of the members of the metropolitan council or by 
  9.21  the chair.  The chair and each metropolitan council member shall 
  9.22  be reimbursed for actual and necessary expenses.  The annual 
  9.23  budget of the council shall provide as a separate account 
  9.24  anticipated expenditures for compensation, travel, and 
  9.25  associated expenses for the chair and members, and compensation 
  9.26  or reimbursement shall be made to the chair and members only 
  9.27  when budgeted. 
  9.28     (c) Each member of the council shall attend and participate 
  9.29  in council meetings and meet regularly with local elected 
  9.30  officials and legislative members from the council member's 
  9.31  district.  Each council member shall serve on at least one 
  9.32  division committee for transportation, environment, or community 
  9.33  development. 
  9.34     (d) In the performance of its duties the metropolitan 
  9.35  council may adopt policies and procedures governing its 
  9.36  operation, establish committees, and, when specifically 
 10.1   authorized by law, make appointments to other governmental 
 10.2   agencies and districts.  
 10.3      Sec. 7.  [GREATER MINNESOTA REGIONAL COUNCIL.] 
 10.4      If the amendment proposed by section 1 is adopted, a 
 10.5   greater Minnesota regional council is established as a public 
 10.6   corporation and political subdivision of the state, with 
 10.7   jurisdiction in the area of the state outside of the 
 10.8   metropolitan area defined in Minnesota Statutes, section 
 10.9   473.121.  It shall be under the supervision and control of the 
 10.10  members of the state council who are residents of the area under 
 10.11  the jurisdiction of the council.  The legislature shall 
 10.12  prescribe the organization, authority, and duties of the 
 10.13  council, which must include responsibility for ensuring the 
 10.14  economic vitality of the areas over which it has jurisdiction. 
 10.15     Sec. 8.  [EFFECTIVE DATE.] 
 10.16     If the amendment proposed by section 1 is adopted, the 
 10.17  amendment and sections 3 to 7 are effective for members of the 
 10.18  legislature whose terms begin the first Monday in January, 2003. 
 10.19     Sec. 9.  [REPEALER.] 
 10.20     If the amendment proposed by section 1 is adopted, 
 10.21  Minnesota Statutes 1998, section 473.123, subdivisions 2a, 3, 
 10.22  3a, and 3c, are repealed.