HF 3859

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; proposing an amendment to the Minnesota
Constitution, article IV, section 12; including certain special session days as
legislative days; amending Minnesota Statutes 2004, sections 3.011; 3.012.

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

Section 1. new text begin CONSTITUTIONAL 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 12, will read:
new text end

Sec. 12.

The legislature 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. new text begin A legislative day during a special session must be counted for purposes of the 120
legislative day limit if the primary purpose of the special session is to pass one or more
major budget bills necessary to continue the operation of state government. new text end The legislature
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 legislature may adjourn to another time. "Legislative day" shall be defined by
law. new text begin "Major budget bills" shall be defined by law or by legislative rule. new text end A special session
of the legislature may be called by the governor on extraordinary occasions.

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.

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 2006 general
election. The question submitted shall be:
new text end

new text begin "Shall the Minnesota Constitution be amended to provide that if a special session
is called primarily to act on major budget bills necessary for continued government
operations, legislative days during that special session count toward the limit of 120
legislative days that the legislature may meet during a biennium?
new text end

new text begin Yes ....... new text end

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

Sec. 3.

Minnesota Statutes 2004, section 3.011, is amended to read:

3.011 SESSIONS.

The legislature shall meet at the seat of government on the first Tuesday after the
first Monday in January of each odd-numbered year. When the first Monday in January
falls on January 1, it shall meet on the first Wednesday after the first Monday. It shall
also meet when called by the governor to meet in special session. new text begin In each biennium, the
legislature shall not meet for more than 120 legislative days.
new text end

Sec. 4.

Minnesota Statutes 2004, section 3.012, is amended to read:

3.012 LEGISLATIVE DAY.

new text begin (a) new text end A legislative day is a day when either house of the legislature is called to order new text begin
in regular session, or in a special session called in an odd-numbered year primarily
because the legislature has not passed all of the major budget bills needed to continue state
government operations new text end . A legislative day begins at seven o'clock a.m. and continues until
seven o'clock a.m. of the following calendar day.

new text begin (b) For purposes of this section:
new text end

new text begin (1) "passed" means that the house of representatives and the senate have given final
approval to a bill and have presented the bill to the governor; and
new text end

new text begin (2) unless the term is otherwise defined by joint rules of the senate and the house of
representatives, "major budget bill" means the primary bill providing funding in each of
the following areas: higher education; early childhood through high school education;
agriculture and rural development; environment and natural resources; health and human
services; state government finance; economic development; judiciary and public safety;
and transportation.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 3 and 4 are effective January 1, 2007, if the constitutional amendment
proposed in section 1 is adopted by the voters.
new text end