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Minnesota Legislature

Office of the Revisor of Statutes

HF 781

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to state government; proposing an amendment 
  1.3             to the Minnesota Constitution, article V, sections 1, 
  1.4             3, and 4; article VIII, section 2; creating the 
  1.5             constitutional office of commissioner of agriculture; 
  1.6             amending Minnesota Statutes 2000, sections 10A.25, 
  1.7             subdivision 2; 15.01; and 15.06, subdivision 1; 
  1.8             repealing Minnesota Statutes 2000, section 17.01. 
  1.10                             ARTICLE 1
  1.12     Section 1.  [CONSTITUTIONAL AMENDMENT.] 
  1.13     An amendment to the Minnesota Constitution is proposed to 
  1.14  the people.  If the amendment is adopted, article V, section 1 
  1.15  will read: 
  1.16     Section 1.  The executive department consists of a 
  1.17  governor, lieutenant governor, secretary of state, auditor, 
  1.18  commissioner of agriculture, and attorney general, who shall be 
  1.19  chosen by the electors of the state.  The governor and 
  1.20  lieutenant governor shall be chosen jointly by a single vote 
  1.21  applying to both offices in a manner prescribed by law. 
  1.22     article V, section 3, will read: 
  1.23     Sec. 3.  The governor shall communicate by message to each 
  1.24  session of the legislature information touching the state and 
  1.25  country.  He is commander-in-chief of the military and naval 
  1.26  forces and may call them out to execute the laws, suppress 
  1.27  insurrection and repel invasion.  He may require the opinion in 
  2.1   writing of the principal officer in each of the executive 
  2.2   departments upon any subject relating to his duties.  With the 
  2.3   advice and consent of the senate he may appoint notaries public 
  2.4   and other officers provided by law.  He may appoint 
  2.5   commissioners to take the acknowledgment of deeds or other 
  2.6   instruments in writing to be used in the state.  He shall take 
  2.7   care that the laws be faithfully executed.  He shall fill any 
  2.8   vacancy that may occur in the offices of secretary of state, 
  2.9   auditor, commissioner of agriculture, attorney general and the 
  2.10  other state and district offices hereafter created by law until 
  2.11  the end of the term for which the person who had vacated the 
  2.12  office was elected or the first Monday in January following the 
  2.13  next general election, whichever is sooner, and until a 
  2.14  successor is chosen and qualified. 
  2.15     article V, section 4, will read: 
  2.16     Sec. 4.  The term of office of the secretary of state, 
  2.17  attorney general, commissioner of agriculture, and state auditor 
  2.18  is four years and until a successor is chosen and qualified.  
  2.19  The duties and salaries of the executive officers shall be 
  2.20  prescribed by law. 
  2.21     article VIII, section 2, will read: 
  2.22     Sec. 2.  The governor, secretary of state, auditor, 
  2.23  attorney general, commissioner of agriculture, and the judges of 
  2.24  the supreme court, court of appeals and district courts may be 
  2.25  impeached for corrupt conduct in office or for crimes and 
  2.26  misdemeanors; but judgment shall not extend further than to 
  2.27  removal from office and disqualification to hold and enjoy any 
  2.28  office of honor, trust or profit in this state.  The party 
  2.29  convicted shall also be subject to indictment, trial, judgment 
  2.30  and punishment according to law. 
  2.31     Sec. 2.  [ELECTION.] 
  2.32     If the proposed amendment is adopted, a commissioner of 
  2.33  agriculture must be elected in November 2004, and take office on 
  2.34  the first Monday in January 2005. 
  2.35     Sec. 3.  [SCHEDULE AND QUESTION.] 
  2.36     The proposed amendment shall be submitted at the 2002 
  3.1   general election.  The question proposed shall be: 
  3.2      "Shall the Minnesota Constitution be amended to provide for 
  3.3   an elected commissioner of agriculture, with a term beginning 
  3.4   the first Monday in January 2005? 
  3.5                          Yes .....
  3.6                          No  ....."
  3.7                              ARTICLE 2
  3.8                        CONFORMING AMENDMENTS
  3.9      Section 1.  Minnesota Statutes 2000, section 10A.25, 
  3.10  subdivision 2, is amended to read: 
  3.11     Subd. 2.  [AMOUNTS.] (a) In a year in which an election is 
  3.12  held for an office sought by a candidate, the principal campaign 
  3.13  committee of the candidate must not make campaign expenditures 
  3.14  nor permit approved expenditures to be made on behalf of the 
  3.15  candidate that result in aggregate expenditures in excess of the 
  3.16  following: 
  3.17     (1) for governor and lieutenant governor, running together, 
  3.18  $1,626,691; 
  3.19     (2) for attorney general, $271,116; 
  3.20     (3) for secretary of state, commissioner of agriculture, 
  3.21  and state auditor, separately, $135,559; 
  3.22     (4) for state senator, $40,669; 
  3.23     (5) for state representative, $20,335. 
  3.24     (b) In addition to the amount in paragraph (a), clause (1), 
  3.25  a candidate for endorsement for the office of lieutenant 
  3.26  governor at the convention of a political party may make 
  3.27  campaign expenditures and approved expenditures of five percent 
  3.28  of that amount to seek endorsement.  
  3.29     (c) If a special election cycle occurs during a general 
  3.30  election cycle, expenditures by or on behalf of a candidate in 
  3.31  the special election do not count as expenditures by or on 
  3.32  behalf of the candidate in the general election. 
  3.33     (d) The expenditure limits in this subdivision for an 
  3.34  office are increased by ten percent for a candidate who is 
  3.35  running for that office for the first time and who has not run 
  3.36  previously for any other office whose territory now includes a 
  4.1   population that is more than one-third of the population in the 
  4.2   territory of the new office. 
  4.3      Sec. 2.  Minnesota Statutes 2000, section 15.01, is amended 
  4.4   to read: 
  4.5      15.01 [DEPARTMENTS OF THE STATE.] 
  4.6      The following agencies are designated as the departments of 
  4.7   the state government:  the department of administration; the 
  4.8   department of agriculture; the department of commerce; the 
  4.9   department of corrections; the department of children, families, 
  4.10  and learning; the department of economic security; the 
  4.11  department of trade and economic development; the department of 
  4.12  finance; the department of health; the department of human 
  4.13  rights; the department of labor and industry; the department of 
  4.14  military affairs; the department of natural resources; the 
  4.15  department of employee relations; the department of public 
  4.16  safety; the department of public service; the department of 
  4.17  human services; the department of revenue; the department of 
  4.18  transportation; the department of veterans affairs; and their 
  4.19  successor departments. 
  4.20     Sec. 3.  Minnesota Statutes 2000, section 15.06, 
  4.21  subdivision 1, is amended to read: 
  4.22     Subdivision 1.  [APPLICABILITY.] This section applies to 
  4.23  the following departments or agencies:  the departments of 
  4.24  administration, agriculture, commerce, corrections, economic 
  4.25  security, children, families, and learning, employee relations, 
  4.26  trade and economic development, finance, health, human rights, 
  4.27  labor and industry, natural resources, public safety, public 
  4.28  service, human services, revenue, transportation, and veterans 
  4.29  affairs; the housing finance and pollution control agencies; the 
  4.30  office of commissioner of iron range resources and 
  4.31  rehabilitation; the bureau of mediation services; and their 
  4.32  successor departments and agencies.  The heads of the foregoing 
  4.33  departments or agencies are "commissioners." 
  4.34     Sec. 4.  [REPEALER.] 
  4.35     Minnesota Statutes 2000, section 17.01, is repealed. 
  4.36     Sec. 5.  [EFFECTIVE DATE.] 
  5.1      Section 1 is effective immediately if the amendment 
  5.2   proposed under article 1 has been adopted.  Sections 2 to 4 are 
  5.3   effective on the first Monday in January 2005 if the amendment 
  5.4   proposed under article 2 has been adopted.