as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 02/09/1998 |
1.1 A bill for an act 1.2 proposing an amendment to the Minnesota Constitution 1.3 to provide for a parliamentary system of government in 1.4 which the legislature would select the governor; 1.5 changing article III; article IV; article V; article 1.6 VIII, sections 1 and 2; article IX, sections 1 and 2; 1.7 and article XI, sections 5, 7, and 8; providing by law 1.8 for a unicameral legislature of 135 members; amending 1.9 Minnesota Statutes 1996, sections 2.021; and 2.031, 1.10 subdivision 1; proposing coding for new law in 1.11 Minnesota Statutes, chapter 3. 1.12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.13 Section 1. [CONSTITUTIONAL AMENDMENTS PROPOSED.] 1.14 Subdivision 1. [PROPOSAL TO PEOPLE.] An amendment to the 1.15 Minnesota Constitution is proposed to the people. 1.16 Subd. 2. [CHANGES TO ARTICLE III.] If the amendment is 1.17 adopted, article III will read: 1.18 Section 1.The powers of government shall be divided into1.19three distinct departments: legislative, executive and1.20judicial.No personor persons belonging to or constituting one1.21of these departments shall exercise any of the powers properly1.22belonging to either of the othersin the legislative branch 1.23 shall exercise judicial power and no person in the judicial 1.24 branch shall exercise legislative power, except in the instances 1.25 expressly provided in this constitution. 1.26 Subd. 3. [CHANGES TO ARTICLE IV.] If the amendment is 1.27 adopted, article IV will read: 1.28 Section 1. The legislature consists ofthe senate and2.1house of representativesone house. 2.2 Sec. 2. The number of members who compose thesenate and2.3house of representativeslegislature shall be prescribed by law. 2.4 The representationin both housesshall be apportioned equally 2.5 throughout the different sections of the state in proportion to 2.6 the population thereof. 2.7 Sec. 3. At its first session after each enumeration of the 2.8 inhabitants of this state made by the authority of the United 2.9 States, the legislature shall have the power to prescribe the 2.10 bounds of congressional and legislative districts.Senators2.11 Members shall be chosen by single districts of convenient 2.12 contiguous territory.No representative district shall be2.13divided in the formation of a senate district.Thesenate2.14 districts shall be numbered in a regular series. 2.15 Sec. 4.RepresentativesMembers shall be chosen for a term 2.16 oftwono more than four years, except to fill a2.17vacancy.Senators shall be chosen for a term of four years,2.18except to fill a vacancy and exceptThere shall be an entire new 2.19 election of allthe senators at the first election of2.20representatives after each new legislative apportionment2.21provided for in this articlemembers when called by the 2.22 governor, according to procedures established by law. The 2.23 governor must call for an entire new election of all members at 2.24 least once every four years. The governor shall call elections 2.25 to fill vacancies ineither house ofthe legislature. 2.26 Sec. 5. Nosenator or representativemember shall hold any 2.27 other office under the authority of the United States or the 2.28 state of Minnesota, except that of governor, postmaster, or of 2.29 notary public. If elected or appointed to another office, a 2.30 legislator may resign from the legislature by tendering his 2.31 resignation to the governor. 2.32 Sec. 6.Senators and representativesMembers shall be 2.33 qualified voters of the state, and shall have resided one year 2.34 in the state and six months immediately preceding the election 2.35 in the district from which elected.Each houseThe legislature 2.36 shall be the judge of the election returns and eligibility of 3.1 its own members. The legislature shall prescribe by law the 3.2 manner for taking evidence in cases of contested seatsin either3.3house. 3.4 Sec. 7.Each houseThe legislature may determine the rules 3.5 of its proceedings, sit upon its own adjournment, punish its 3.6 members for disorderly behavior, and with the concurrence of 3.7 two-thirds expel a member; but no member shall be expelled a 3.8 second time for the same offense. 3.9 Sec. 8. Each member and officer of the legislature before 3.10 entering upon his duties shall take an oath or affirmation to 3.11 support the Constitution of the United States, the constitution 3.12 of this state, and to discharge faithfully the duties of his 3.13 office to the best of his judgment and ability. 3.14 Sec. 9. The compensation ofsenators and representatives3.15 members shall be prescribed by law. No increase of compensation 3.16 shall take effect during the period for which the members of the 3.17 existinghouse of representativeslegislature may have been 3.18 elected. 3.19 Sec. 10. The members ofeach housethe legislature in all 3.20 cases except treason, felony and breach of the peace, shall be 3.21 privileged from arrest during the sessionof their respective3.22housesand in going to or returning from the same. For any 3.23 speech or debate ineither housethe legislature they shall not 3.24 be questioned in any other place. 3.25 Sec. 11. Two or more members ofeither housethe 3.26 legislature may dissent and protest against any act or 3.27 resolution which they think injurious to the public or to any 3.28 individual and have the reason of their dissent entered in the 3.29 journal. 3.30 Sec. 12. The legislature shall meet at the seat of 3.31 government in regular session in each biennium at the times 3.32 prescribed by law for not exceeding a total of 120 legislative 3.33 days. The legislature shall not meet in regular session, nor in 3.34 any adjournment thereof, after the first Monday following the 3.35 third Saturday in May of any year. After meeting at a time 3.36 prescribed by law, the legislature may adjourn to another time. 4.1 "Legislative day" shall be defined by law. A special session of 4.2 the legislature may be called by the governor on extraordinary 4.3 occasions. 4.4Neither house during a session of the legislature shall4.5adjourn for more than three days (Sundays excepted) nor to any4.6other place than that in which the two houses shall be assembled4.7without the consent of the other house.4.8 Sec. 13. A majority ofeach housethe legislature 4.9 constitutes a quorum to transact business, but a smaller number 4.10 may adjourn from day to day and compel the attendance of absent 4.11 members in the manner and under the penalties it may provide. 4.12 Sec. 14.Each houseThe legislature shall be open to the 4.13 public during its sessions except in cases which in its opinion 4.14 require secrecy. 4.15 Sec. 15.Each houseThe legislature shall elect its 4.16 presiding officer and other officers as may be provided by law. 4.17Both housesIt shall keep journals oftheirits proceedings, and 4.18 from time to time publish the same, and the yeas and nays, when 4.19 taken on any question, shall be entered in thejournalsjournal. 4.20 Sec. 16. In all elections by the legislature members shall 4.21 vote viva voce and their votes shall be entered in the journal. 4.22 Sec. 17. No law shall embrace more than one subject, which 4.23 shall be expressed in its title. 4.24Sec. 18. All bills for raising revenue shall originate in4.25the house of representatives, but the senate may propose and4.26concur with the amendments as on other bills.4.27 Sec. 19. Every bill shall be reported on three different 4.28 days ineach housethe legislature, unless, in case of urgency, 4.29 two-thirds of thehouse where the bill is pendinglegislature 4.30 deem it expedient to dispense with this rule. 4.31 Sec. 20. Every bill passed byboth housesthe legislature 4.32 shall be enrolled and signed by the presiding officerof each4.33house. Any presiding officer refusing to sign a bill passedby4.34both housesshall thereafter be disqualified from any office of 4.35 honor or profit in the state.Each house by rule shall provide4.36the manner in which a bill shall be certified for presentation5.1to the governor in case of such refusal.5.2 Sec. 21. No bill shall be passedby either houseupon the 5.3 day prescribed for adjournment. This section shall not preclude 5.4 the enrollment of a billor its transmittal from one house to5.5the other or to the executive for his signature. 5.6 Sec. 22. The style of all laws of this state shall be: "Be 5.7 it enacted by the legislature of the state of Minnesota." No 5.8 law shall be passed unless voted for by a majority ofall the5.9members elected to each house ofthe legislature, and the vote 5.10 entered in the journalof each house. 5.11 Sec. 23. Every bill passed in conformity to the rulesof5.12each house and the joint rulesof thetwo houseslegislature 5.13 shall bepresented to the governor. If he approves a bill, he5.14shall sign it, deposit it in the office of the secretary of5.15state and notify the house in which it originated of that fact.5.16If he vetoes a bill, he shall return it with his objections to5.17the house in which it originated. His objections shall be5.18entered in the journal. If, after reconsideration, two-thirds5.19of that house agree to pass the bill, it shall be sent, together5.20with the governor's objections, to the other house, which shall5.21likewise reconsider it. If approved by two-thirds of that house5.22it becomes a law and shall bedeposited in the office of the 5.23 secretary of state.In such cases the votes of both houses5.24shall be determined by yeas and nays, and the names of the5.25persons voting for or against the bill shall be entered in the5.26journal of each house. Any bill not returned by the governor5.27within three days (Sundays excepted) after it is presented to5.28him becomes a law as if he had signed it, unless the legislature5.29by adjournment within that time prevents its return. Any bill5.30passed during the last three days of a session may be presented5.31to the governor during the three days following the day of final5.32adjournment and becomes law if the governor signs and deposits5.33it in the office of the secretary of state within 14 days after5.34the adjournment of the legislature. Any bill passed during the5.35last three days of the session which is not signed and deposited5.36within 14 days after adjournment does not become a law.6.1If a bill presented to the governor contains several items6.2of appropriation of money, he may veto one or more of the items6.3while approving the bill. At the time he signs the bill the6.4governor shall append to it a statement of the items he vetoes6.5and the vetoed items shall not take effect. If the legislature6.6is in session, he shall transmit to the house in which the bill6.7originated a copy of the statement, and the items vetoed shall6.8be separately reconsidered. If on reconsideration any item is6.9approved by two-thirds of the members elected to each house, it6.10is a part of the law notwithstanding the objections of the6.11governor.6.12Sec. 24. Each order, resolution or vote requiring the6.13concurrence of the two houses except such as relate to the6.14business or adjournment of the legislature shall be presented to6.15the governor and is subject to his veto as prescribed in case of6.16a bill.6.17 Sec. 25. During a sessioneach housethe legislature may 6.18 punish by imprisonment for not more than 24 hours any person not 6.19 a member who is guilty of any disorderly or contemptuous 6.20 behavior in its presence. 6.21 Sec. 26. Passage of a general banking law requires the 6.22 vote of two-thirds of the members ofeach house ofthe 6.23 legislature. 6.24 Subd. 4. [CHANGES TO ARTICLE V.] If the amendment is 6.25 adopted, article V, will read: 6.26 ARTICLE V 6.27EXECUTIVE DEPARTMENTGOVERNOR 6.28 Section 1. Theexecutive department consists of a6.29governor, lieutenant governor, secretary of state, auditor,6.30treasurer and attorney general, who shall be chosen by the6.31electors of the state. The governor and lieutenant governor6.32shall be chosen jointly by a single vote applying to both6.33offices in a manner prescribed by lawlegislature shall select 6.34 the governor. The legislature may select a new governor at any 6.35 time. The governor may appoint a secretary of state, auditor, 6.36 attorney general, and other officials if that authority is 7.1 provided by law. 7.2 Sec. 2.The term of office for the governor and lieutenant7.3governor is four years and until a successor is chosen and7.4qualified. EachThe governor shall have attained the age of 25 7.5 years and, shall have been a bona fide resident of the state for 7.6 one year next preceding his election, and shall be a citizen of 7.7 the United States. 7.8 Sec. 3. The governor shall communicate by message to each 7.9 session of the legislature information touching the state and 7.10 country. He is commander-in-chief of the military and naval 7.11 forces and may call them out to execute the laws, suppress 7.12 insurrection and repel invasion. He may require the opinion in 7.13 writing of the principal officer in each of the executive 7.14 departments upon any subject relating to his duties. With the 7.15 advice and consent of thesenatelegislature he may appoint 7.16 notaries public and other officers provided by law. He may 7.17 appoint commissioners to take the acknowledgment of deeds or 7.18 other instruments in writing to be used in the state. He shall 7.19 take care that the laws be faithfully executed. He shall fill 7.20 any vacancy that may occur intheofficesof secretary of state,7.21treasurer, auditor, attorney general and the other state and7.22district officeshereafter created by law until the end of the 7.23 term for which the person who had vacated the office was elected 7.24 or the first Monday in January following the next general 7.25 election, whichever is sooner, and until a successor is chosen 7.26 and qualified. 7.27Sec. 4. The term of office of the secretary of state,7.28treasurer, attorney general and state auditor is four years and7.29until a successor is chosen and qualified. The duties and7.30salaries of the executive officers shall be prescribed by law.7.31 Sec. 5. In case a vacancy occurs from any cause whatever 7.32 in the office of governor,the lieutenant governor shall be7.33governor during such vacancy. The compensation of the7.34lieutenant governor shall be prescribed by law.the last elected 7.35 presiding officer of thesenatelegislature shall become 7.36lieutenantgovernorin 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 thelieutenant governorlast 8.3 elected presiding officer of the legislature. The legislature 8.4 may provide by law for thecase of the removal, death,8.5resignation, or inability both of the governor and lieutenant8.6governor to discharge the duties of governor and may provide by8.7law forcontinuity of government in periods of emergency 8.8 resulting from disasters caused by enemy attack in this state, 8.9 including but not limited to, succession to the powers and 8.10 duties of public office and change of the seat of government. 8.11 Sec. 6.Each officer created by this articleBefore 8.12 enteringupon his dutiesoffice, the governor shall take an oath 8.13 or affirmation to support the constitution of the United States 8.14 and of this state and to discharge faithfully the duties ofhis8.15 the office to the best ofhisthe governor's judgment and 8.16 ability. 8.17 Sec. 7. The governor, the attorney general and the chief 8.18 justice of the supreme court constitute a board of pardons. Its 8.19 powers and duties shall be defined and regulated by law. The 8.20 governor in conjunction with the board of pardons has power to 8.21 grant reprieves and pardons after conviction for an offense 8.22 against the state except in cases of impeachment. 8.23 Subd. 5. [CHANGES TO ARTICLE VIII.] If the amendment is 8.24 adopted, article VIII, sections 1 and 2, will read: 8.25 Section 1. Thehouse of representativeslegislature has 8.26 the sole power of impeachment through a concurrence of a 8.27 majority of all its members. All impeachments shall be tried by 8.28 thesenatelegislature. When sitting for that purpose,senators8.29 members shall be upon oath or affirmation to do justice 8.30 according to law and evidence. No person shall be convicted 8.31 without the concurrence of two-thirds of thesenatorsmembers 8.32 present. 8.33 Sec. 2. Thegovernor, secretary of state, treasurer,8.34auditor, attorney general and thejudges of the supreme court, 8.35 court of appeals and district courts may be impeached for 8.36 corrupt conduct in office or for crimes and misdemeanors; but 9.1 judgment shall not extend further than to removal from office 9.2 and disqualification to hold and enjoy any office of honor, 9.3 trust or profit in this state. The party convicted shall also 9.4 be subject to indictment, trial, judgment and punishment 9.5 according to law. 9.6 Subd. 6. [CHANGES TO ARTICLE IX.] If the amendment is 9.7 adopted, article IX, sections 1 and 2, will read: 9.8 Section 1. A majority of the members elected toeach house9.9ofthe legislature may propose amendments to this constitution. 9.10 Proposed amendments shall be published with the laws passed at 9.11 the same session and submitted to the people for their approval 9.12 or rejection at a general election. If a majority of all the 9.13 electors voting at the election vote to ratify an amendment, it 9.14 becomes a part of this constitution. If two or more amendments 9.15 are submitted at the same time, voters shall vote for or against 9.16 each separately. 9.17 Sec. 2. Two-thirds of the members elected toeach house of9.18 the legislature may submit to the electors at the next general 9.19 election the question of calling a convention to revise this 9.20 constitution. If a majority of all the electors voting at the 9.21 election vote for a convention, the legislature at its next 9.22 session, shall provide by law for calling the convention. The 9.23 convention shall consist of as many delegates as there are 9.24 membersof the house of representatives. Delegates shall be 9.25 chosen in the same manner as members of thehouse of9.26representativeslegislature and shall meet within three months 9.27 after their election. Section 5 of Article IV of the 9.28 constitution does not apply to election to the convention. 9.29 Subd. 7. [CHANGE TO ARTICLE XI.] If the amendment is 9.30 adopted, article XI, sections 5, 7, and 8, will read: 9.31 Sec. 5. Public debt may be contracted and works of 9.32 internal improvements carried on for the following purposes: 9.33 (a) to acquire and to better public land and buildings and 9.34 other public improvements of a capital nature and to provide 9.35 money to be appropriated or loaned to any agency or political 9.36 subdivision of the state for such purposes if the law 10.1 authorizing the debt is adopted by the vote of at least 10.2 three-fifths of the membersof each houseof the legislature; 10.3 (b) to repel invasion or suppress insurrection; 10.4 (c) to borrow temporarily as authorized in section 6; 10.5 (d) to refund outstanding bonds of the state or any of its 10.6 agencies whether or not the full faith and credit of the state 10.7 has been pledged for the payment of the bonds; 10.8 (e) to establish and maintain highways subject to the 10.9 limitations of article XIV; 10.10 (f) to promote forestation and prevent and abate forest 10.11 fires, including the compulsory clearing and improving of wild 10.12 lands whether public or private; 10.13 (g) to construct, improve and operate airports and other 10.14 air navigation facilities; 10.15 (h) to develop the state's agricultural resources by 10.16 extending credit on real estate security in the manner and on 10.17 the terms and conditions prescribed by law; 10.18 (i) to improve and rehabilitate railroad rights-of-way and 10.19 other rail facilities whether public or private, provided that 10.20 bonds issued and unpaid shall not at any time exceed 10.21 $200,000,000 par value; and 10.22 (j) as otherwise authorized in this constitution. 10.23 As authorized by law political subdivisions may engage in 10.24 the works permitted by (f), (g), and (i) and contract debt 10.25 therefor. 10.26 Sec. 7. Public debt other than certificates of 10.27 indebtedness authorized in section 6 shall be evidenced by the 10.28 issuance of bonds of the state. All bonds issued under the 10.29 provisions of this section shall mature not more than 20 years 10.30 from their respective dates of issue and each law authorizing 10.31 the issuance of bonds shall distinctly specify the purposes 10.32 thereof and the maximum amount of proceeds authorized to be 10.33 expended for each purpose.The state treasurer shall maintainA 10.34 separate and special state bond fund shall be maintained onhis10.35 the official books and records. When the full faith and credit 10.36 of the state has been pledged for the payment of bonds, the 11.1 state auditor shall levy each year on all taxable property 11.2 within the state a tax sufficient with the balance then on hand 11.3 in the fund to pay all principal and interest on bonds issued 11.4 under this section due and to become due within the ensuing year 11.5 and to and including July 1 in the second ensuing year. The 11.6 legislature by law may appropriate funds from any source to the 11.7 state bond fund. The amount of money actually received and on 11.8 hand pursuant to appropriations prior to the levy of the tax in 11.9 any year shall be used to reduce the amount of tax otherwise 11.10 required to be levied. 11.11 Sec. 8. The permanent school fund of the state consists of 11.12 (a) the proceeds of lands granted by the United States for the 11.13 use of schools within each township, (b) the proceeds derived 11.14 from swamp lands granted to the state, (c) all cash and 11.15 investments credited to the permanent school fund and to the 11.16 swamp land fund, and (d) all cash and investments credited to 11.17 the internal improvement land fund and the lands therein. No 11.18 portion of these lands shall be sold otherwise than at public 11.19 sale, and in the manner provided by law. All funds arising from 11.20 the sale or other disposition of the lands, or income accruing 11.21 in any way before the sale or disposition thereof, shall be 11.22 credited to the permanent school fund. Within limitations 11.23 prescribed by law, the fund shall be invested to secure the 11.24 maximum return consistent with the maintenance of the perpetuity 11.25 of the fund. The principal of the permanent school fund shall 11.26 be perpetual and inviolate forever. This does not prevent the 11.27 sale of investments at less than the cost to the fund; however, 11.28 all losses not offset by gains shall be repaid to the fund from 11.29 the interest and dividends earned thereafter. The net interest 11.30 and dividends arising from the fund shall be distributed to the 11.31 different school districts of the state in a manner prescribed 11.32 by law. 11.33 A board of investment consisting ofthe governor, the state11.34auditor, the state treasurer, the secretary of state, and the11.35attorney general is hereby constituted for the purpose of11.36administering and directingmembers prescribed by law shall 12.1 administer and direct the investment of all state funds. The 12.2 board shall not permit state funds to be used for the 12.3 underwriting or direct purchase of municipal securities from the 12.4 issuer or the issuer's agent. 12.5 Sec. 2. [BALLOT PROPOSITION; SCHEDULE.] 12.6 The proposed amendment shall be submitted to the people at 12.7 the 1998 general election. If the amendment is adopted, it 12.8 shall apply to persons taking office the first Monday in January 12.9 2003, and thereafter. The question proposed shall be: 12.10 "Shall the Minnesota Constitution be amended to provide, 12.11 beginning in 2003, for a parliamentary system of government in 12.12 which a unicameral legislature would select the governor? 12.13 Yes ....... 12.14 No ........" 12.15 Sec. 3. Minnesota Statutes 1996, section 2.021, is amended 12.16 to read: 12.17 2.021 [NUMBER OF MEMBERS.] 12.18For each legislature, until a new apportionment shall have12.19been made,Thesenatelegislature is composed of67135 12.20 membersand the house of representatives is composed of 13412.21members. 12.22 Sec. 4. Minnesota Statutes 1996, section 2.031, 12.23 subdivision 1, is amended to read: 12.24 Subdivision 1. [LEGISLATIVE DISTRICTS.] The 12.25representativesrepresentation in thesenate and house of12.26representatives arelegislature is apportioned throughout the 12.27 state in67 senate135 districtsand 134 house districts. 12.28 Eachsenatedistrict is entitled to elect onesenator and each12.29house district is entitled to elect one representativemember. 12.30 Sec. 5. [3.001] [QUESTION SESSIONS.] 12.31 The governor shall appear before the legislature to answer 12.32 questions from legislators. The legislature shall establish a 12.33 schedule for question sessions. The schedule may not require 12.34 the governor to appear more than once a week. Before each 12.35 question session, the legislature shall notify the governor of 12.36 issues to be covered at that session. The governor may bring 13.1 staff to a question session to assist in answering questions. 13.2 Sec. 6. [TRANSFER OF TREASURER DUTIES.] 13.3 All statutory duties and powers of the state treasurer are 13.4 transferred to the commissioner of finance, according to 13.5 Minnesota Statutes, section 15.039. 13.6 Sec. 7. [EFFECTIVE DATE.] 13.7 If the amendment proposed by section 1 is adopted, sections 13.8 3 and 4 shall be effective for legislatures elected to serve in 13.9 2003 and thereafter and sections 5 and 6 shall be effective 13.10 January 1, 2003.