Minnesota Legislature
HF 3337
as introduced - 86th Legislature (2009 - 2010) Posted on 03/03/2010 04:14pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/03/2010 |
Current Version - as introduced
1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 3.36 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30
6.31 6.32
6.33 7.1 7.2 7.3 7.4 7.5 7.6 7.7
7.8 7.9 7.10 7.11 7.12
7.13 7.14 7.15 7.16 7.17
7.18 7.19 7.20
A bill for an act
proposing an amendment to the Minnesota Constitution; providing for a
unicameral legislature; changing article IV; article VIII, sections 1 and 6;
article IX, sections 1 and 2; and article XI, section 5; providing by statute for a
legislature of 99 members; amending Minnesota Statutes 2008, sections 2.021;
2.031, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text begin CONSTITUTIONAL AMENDMENTS 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, will read:
new text end
Section 1.
The legislature consists of the deleted text begin senate anddeleted text end house of representatives.
Sec. 2.
The number of members who compose the deleted text begin senate anddeleted text end house of representatives
shall be prescribed by law. The representation deleted text begin in both housesdeleted text end shall be apportioned equally
throughout the different sections of the state in proportion to the population thereof.
Sec. 3.
At its first session after each enumeration of the inhabitants of this state made
by the authority of the United States, the deleted text begin legislaturedeleted text end new text begin house of representatives new text end shall have
the power to prescribe the bounds of congressional and legislative districts. deleted text begin Senatorsdeleted text end new text begin
Representativesnew text end shall be chosen by single districts of convenient contiguous territory. deleted text begin No
representative district shall be divided in the formation of a senate district.deleted text end The deleted text begin senatedeleted text end
new text begin house of representatives new text end districts shall be numbered in a regular series.
Sec. 4.
Representatives deleted text begin shall be chosen for a term of two years, except to fill a vacancy.
Senatorsdeleted text end shall be chosen for a term of four years, except to fill a vacancy deleted text begin 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 articledeleted text end . The governor shall
call elections to fill vacancies in deleted text begin either house ofdeleted text end the deleted text begin legislaturedeleted text end new text begin house of representativesnew text end .
Sec. 5.
No deleted text begin senator ordeleted text end representative shall hold any other office under the authority of
the United States or the state of Minnesota, except that of postmaster or of notary public.
If elected or appointed to another office, a deleted text begin legislatordeleted text end new text begin representative new text end may resign from the
deleted text begin legislaturedeleted text end new text begin house of representatives new text end by tendering his resignation to the governor.
Sec. 6.
deleted text begin Senators anddeleted text end Representatives shall be qualified voters of the state, and shall
have resided one year in the state and six months immediately preceding the election in
the district from which elected. deleted text begin Eachdeleted text end new text begin The new text end house new text begin of representatives new text end shall be the judge
of the election returns and eligibility of its own members. The deleted text begin legislaturedeleted text end new text begin house of
representatives new text end shall prescribe by law the manner for taking evidence in cases of contested
seats deleted text begin in either housedeleted text end .
Sec. 7.
deleted text begin Eachdeleted text end new text begin The new text end house new text begin of representatives new text end may determine the rules of its proceedings,
sit upon its own adjournment, punish its members for disorderly behavior, and with the
concurrence of two-thirds expel a member; but no member shall be expelled a second
time for the same offense.
Sec. 8.
Each member and officer of the deleted text begin legislaturedeleted text end new text begin house of representatives new text end before
entering upon his duties shall take an oath or affirmation to support the Constitution of the
United States, the constitution of this state, and to discharge faithfully the duties of his
office to the best of his judgment and ability.
Sec. 9.
The compensation of deleted text begin senators anddeleted text end representatives shall be prescribed by law.
No increase of compensation shall take effect during the period for which the members of
the existing house of representatives may have been elected.
Sec. 10.
The members of deleted text begin eachdeleted text end new text begin the new text end house new text begin of representatives new text end in all cases except treason,
felony and breach of the peace, shall be privileged from arrest during the session deleted text begin of their
respective housesdeleted text end and in going to or returning from the same. For any speech or debate in
deleted text begin eitherdeleted text end new text begin the new text end house new text begin of representatives new text end they shall not be questioned in any other place.
Sec. 11.
Two or more members of deleted text begin eitherdeleted text end new text begin the new text end house new text begin of representatives new text end may dissent and
protest against any act or resolution which they think injurious to the public or to any
individual and have the reason of their dissent entered in the journal.
Sec. 12.
The deleted text begin legislaturedeleted text end new text begin house of representatives new text end shall meet at the seat of government
in regular session in each biennium at the times prescribed by law for not exceeding a
total of 120 legislative days. The deleted text begin legislaturedeleted text end new text begin house of representatives new text end shall not meet in
regular session, nor in any adjournment thereof, after the first Monday following the third
Saturday in May of any year. After meeting at a time prescribed by law, the deleted text begin legislaturedeleted text end
new text begin house of representatives new text end may adjourn to another time. "Legislative day" shall be defined
by law. A special session of the deleted text begin legislaturedeleted text end new text begin house of representatives new text end may be called by
the governor on extraordinary occasions.
deleted text begin
Neither house during a session of the legislature shall adjourn for more than three
days (Sundays excepted) nor to any other place than that in which the two houses shall be
assembled without the consent of the other house.
deleted text end
Sec. 13.
A majority of deleted text begin eachdeleted text end new text begin the new text end house new text begin of representatives new text end constitutes a quorum to
transact business, but a smaller number may adjourn from day to day and compel the
attendance of absent members in the manner and under the penalties it may provide.
Sec. 14.
deleted text begin Eachdeleted text end new text begin The new text end house new text begin of representatives new text end shall be open to the public during its
sessions except in cases which in its opinion require secrecy.
Sec. 15.
deleted text begin Eachdeleted text end new text begin The new text end house new text begin of representatives new text end shall elect its presiding officer and other
officers as may be provided by law. deleted text begin Both housesdeleted text end new text begin It new text end shall keep journals of deleted text begin theirdeleted text end new text begin its
new text end proceedings, and from time to time publish the same, and the yeas and nays, when taken
on any question, shall be entered in the deleted text begin journalsdeleted text end new text begin journalnew text end .
Sec. 16.
In all elections by the deleted text begin legislaturedeleted text end new text begin house of representatives new text end members shall vote
viva voce and their votes shall be entered in the journal.
Sec. 17.
No law shall embrace more than one subject, which shall be expressed in its
title.
deleted text begin Sec. 18. deleted text end
deleted text begin
All bills for raising revenue shall originate in the house of representatives, but
the senate may propose and concur with the amendments as on other bills.
deleted text end
Sec. 19.
Every bill shall be reported on three different days in deleted text begin eachdeleted text end new text begin the new text end housenew text begin of
representativesnew text end , unless, in case of urgency, two-thirds of the house deleted text begin where the bill is
pendingdeleted text end new text begin of representatives new text end deem it expedient to dispense with this rule.
Sec. 20.
Every bill passed by deleted text begin both housesdeleted text end new text begin the house of representatives new text end shall be enrolled
and signed by the presiding officer deleted text begin of each housedeleted text end . Any presiding officer refusing to sign
a bill passed deleted text begin by both housesdeleted text end shall thereafter be disqualified from any office of honor or
profit in the state. deleted text begin Eachdeleted text end new text begin The new text end house new text begin of representatives new text end by rule shall provide the manner in
which a bill shall be certified for presentation to the governor in case of such refusal.
Sec. 21.
No bill shall be passed deleted text begin by either housedeleted text end upon the day prescribed for
adjournment. This section shall not preclude the enrollment of a bill or its transmittal deleted text begin from
one house to the other ordeleted text end to the executive for his signature.
Sec. 22.
The style of all laws of this state shall be: "Be it enacted by the deleted text begin legislaturedeleted text end
new text begin house of representatives new text end of the state of Minnesota." No law shall be passed unless voted
for by a majority of deleted text begin all the members elected to each house ofdeleted text end the deleted text begin legislaturedeleted text end new text begin house of
representativesnew text end , and the vote entered in the journal deleted text begin of each housedeleted text end .
Sec. 23.
Every bill passed in conformity to the rules of deleted text begin each house and the joint rules
ofdeleted text end the deleted text begin two housesdeleted text end new text begin house of representatives new text end shall be presented to the governor. If he
approves a bill, he shall sign it, deposit it in the office of the secretary of state and notify
the house deleted text begin in which it originateddeleted text end new text begin of representatives new text end of that fact. If he vetoes a bill, he
shall return it with his objections to the house deleted text begin in which it originateddeleted text end new text begin of representativesnew text end .
His objections shall be entered in the journal. If, after reconsideration, two-thirds of
deleted text begin thatdeleted text end new text begin the new text end house new text begin of representatives new text end agree to pass the bill, deleted text begin it shall be sent, together with the
governor's objections, to the other house, which shall likewise reconsider it. If approved
by two-thirds of that housedeleted text end it becomes a law and shall be deposited in the office of the
secretary of state. In such cases the votes deleted text begin of both housesdeleted text end shall be determined by yeas
and nays, and the names of the persons voting for or against the bill shall be entered
in the journal deleted text begin of each housedeleted text end . Any bill not returned by the governor within three days
(Sundays excepted) after it is presented to him becomes a law as if he had signed it,
unless the deleted text begin legislaturedeleted text end new text begin house of representatives new text end by adjournment within that time prevents
its return. Any bill passed during the last three days of a session may be presented to
the governor during the three days following the day of final adjournment and becomes
law if the governor signs and deposits it in the office of the secretary of state within 14
days after the adjournment of the deleted text begin legislaturedeleted text end new text begin house of representativesnew text end . Any bill passed
during the last three days of the session which is not signed and deposited within 14 days
after adjournment does not become a law.
If a bill presented to the governor contains several items of appropriation of money,
he may veto one or more of the items while approving the bill. At the time he signs the
bill the governor shall append to it a statement of the items he vetoes and the vetoed
items shall not take effect. If the deleted text begin legislaturedeleted text end new text begin house of representatives new text end is in session, he
shall transmit to the house deleted text begin in which the bill originateddeleted text end new text begin of representatives new text end a copy of the
statement, and the items vetoed shall be separately reconsidered. If on reconsideration
any item is approved by two-thirds of the members deleted text begin elected to each housedeleted text end , it is a part of
the law notwithstanding the objections of the governor.
Sec. 24.
Each order, resolutionnew text begin ,new text end or vote deleted text begin requiring the concurrence of the two
housesdeleted text end except such as relate to the business or adjournment of the deleted text begin legislaturedeleted text end new text begin house of
representatives new text end shall be presented to the governor and is subject to his veto as prescribed
in case of a bill.
Sec. 25.
During a session deleted text begin eachdeleted text end new text begin the new text end house new text begin of representatives new text end may punish by
imprisonment for not more than 24 hours any person not a member who is guilty of any
disorderly or contemptuous behavior in its presence.
Sec. 26.
Passage of a general banking law requires the vote of two-thirds of the
members of deleted text begin eachdeleted text end new text begin the new text end house of deleted text begin the legislaturedeleted text end new text begin representativesnew text end .
new text begin
article VIII, section 1, will read:
new text end
Section 1.
The house of representatives has the sole power of impeachment through a
concurrence of a majority of all its members. All impeachments shall be tried by the deleted text begin senatedeleted text end new text begin
house of representativesnew text end . When sitting for that purpose, deleted text begin senatorsdeleted text end new text begin representativesnew text end shall be
upon oath or affirmation to do justice according to law and evidence. No person shall be
convicted without the concurrence of two-thirds of the deleted text begin senatorsdeleted text end new text begin representativesnew text end present.
new text begin
article VIII, section 6, will read:
new text end
Sec. 6.
A member of the deleted text begin senate or thedeleted text end house of representatives, an executive officer of
the state identified in section 1 of article V of the constitution, or a judge of the supreme
court, the court of appeals, or a district court is subject to recall from office by the voters.
The grounds for recall of a judge shall be established by the supreme court. The grounds
for recall of an officer other than a judge are serious malfeasance or nonfeasance during the
term of office in the performance of the duties of the office or conviction during the term
of office of a serious crime. A petition for recall must set forth the specific conduct that
may warrant recall. A petition may not be issued until the supreme court has determined
that the facts alleged in the petition are true and are sufficient grounds for issuing a recall
petition. A petition must be signed by a number of eligible voters who reside in the
district where the officer serves and who number not less than 25 percent of the number
of votes cast for the office at the most recent general election. Upon a determination by
the secretary of state that a petition has been signed by at least the minimum number of
eligible voters, a recall election must be conducted in the manner provided by law. A
recall election may not occur less than six months before the end of the officer's term. An
officer who is removed from office by a recall election or who resigns from office after a
petition for recall issues may not be appointed to fill the vacancy that is created.
new text begin
article IX, section 1, will read:
new text end
Section 1.
deleted text begin A majoritydeleted text end new text begin Sixty percent new text end of the members elected to deleted text begin eachdeleted text end new text begin the new text end house of
deleted text begin the legislaturedeleted text end new text begin representatives new text end may propose amendments to this constitution. Proposed
amendments shall be published with the laws passed at the same session and submitted to
the people for their approval or rejection at a general election. If deleted text begin a majoritydeleted text end new text begin 60 percent
new text end of all the electors voting deleted text begin at the electiondeleted text end new text begin on the amendment new text end vote to ratify an amendment,
it becomes a part of this constitution. If two or more amendments are submitted at the
same time, voters shall vote for or against each separately.
new text begin
article IX, section 2, will read:
new text end
Sec. 2.
Two-thirds of the members elected to deleted text begin eachdeleted text end new text begin the new text end house of deleted text begin the legislaturedeleted text end
new text begin representatives new text end may submit to the electors at the next general election the question of
calling a convention to revise this constitution. If deleted text begin a majoritydeleted text end new text begin 60 percent new text end of all the electors
voting at the election vote for a convention, the deleted text begin legislaturedeleted text end new text begin house of representatives new text end at its
next session, shall provide by law for calling the convention. The convention shall consist
of as many delegates as there are members of the house of representatives. Delegates
shall be chosen in the same manner as members of the house of representatives and shall
meet within three months after their election. Section 5 of Article IV of the constitution
does not apply to election to the convention.
new text begin
article XI, section 5, will read:
new text end
Sec. 5.
Public debt may be contracted and works of internal improvements carried on
for the following purposes:
(a) to acquire and to better public land and buildings and other public improvements
of a capital nature and to provide money to be appropriated or loaned to any agency
or political subdivision of the state for such purposes if the law authorizing the debt
is adopted by the vote of at least three-fifths of the members of deleted text begin eachdeleted text end new text begin the new text end house of deleted text begin the
legislaturedeleted text end new text begin representativesnew text end ;
(b) to repel invasion or suppress insurrection;
(c) to borrow temporarily as authorized in section 6;
(d) to refund outstanding bonds of the state or any of its agencies whether or not the
full faith and credit of the state has been pledged for the payment of the bonds;
(e) to establish and maintain highways subject to the limitations of article XIV;
(f) to promote forestation and prevent and abate forest fires, including the
compulsory clearing and improving of wild lands whether public or private;
(g) to construct, improve and operate airports and other air navigation facilities;
(h) to develop the state's agricultural resources by extending credit on real estate
security in the manner and on the terms and conditions prescribed by law;
(i) to improve and rehabilitate railroad rights-of-way and other rail facilities whether
public or private, provided that bonds issued and unpaid shall not at any time exceed
$200,000,000 par value; and
(j) as otherwise authorized in this constitution.
As authorized by law political subdivisions may engage in the works permitted by
(f), (g), and (i) and contract debt therefor.
new text begin EFFECTIVE DATE. new text end
new text begin
If the amendment is adopted, it is effective for members of
the legislature whose terms begin the first Monday in January 2013.
new text end
Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end
new text begin
The proposed amendment must be submitted to the people at the 2010 general
election. The question submitted must be:
new text end
new text begin
"Shall the Minnesota Constitution be amended to provide that the Minnesota House
of Representatives and Senate be combined and a single legislative body be created,
beginning in 2013?
new text end
|
new text begin
Yes
. new text end |
||
|
new text begin
No
.
"
new text end |
Sec. 3.
Minnesota Statutes 2008, section 2.021, is amended to read:
2.021 NUMBER OF MEMBERS.
deleted text begin For each legislature, until a new apportionment shall have been made, the senate
is composed of 67 members anddeleted text end The house of representatives is composed of deleted text begin 134deleted text end new text begin 99
new text end members.
Sec. 4.
Minnesota Statutes 2008, section 2.031, subdivision 1, is amended to read:
Subdivision 1.
Legislative districts.
The representatives in the deleted text begin senate anddeleted text end house
of representatives are apportioned throughout the state in deleted text begin 67 senate districts and 134deleted text end new text begin 99
new text end house of representatives districts. Each deleted text begin senate district is entitled to elect one senator and
eachdeleted text end house of representatives district is entitled to elect one representative.
Sec. 5. new text begin EFFECTIVE DATE.
new text end
new text begin
If the amendment proposed in section 1 is adopted, sections 3 and 4 shall be effective
for members of the legislature whose terms begin the first Monday in January 2013.
new text end