SF 562

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

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 2004, sections 2.021;
2.031, subdivision 1.

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

Section 1.

CONSTITUTIONAL AMENDMENTS PROPOSED.

new text begin Subdivision 1. new text end

new text begin Proposal to people. new text end

new text begin An amendment to the
Minnesota Constitution, changing article IV, article VIII,
sections 1 and 6, article IX, sections 1 and 2, and article XI,
section 5, is proposed to the people.
new text end

Section 1.

The legislature consists of the senate deleted text begin and
house of representatives deleted text end .

Sec. 2.

The number of members who compose the senate deleted text begin and
house of representatives deleted text end shall be prescribed by law. The
representation deleted text begin in both houses deleted 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 legislature deleted text end new text begin senate new text end shall have the power to prescribe
the bounds of congressional and legislative districts. Senators
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 senate districts shall be
numbered in a regular series.

Sec. 4.

deleted text begin Representatives shall be chosen for a term of two
years, except to fill a vacancy. deleted text end Senators shall be chosen for a
term of four years, except to fill a vacancy and except there
shall be an entire new election of all the senators at the first
election deleted text begin of representatives deleted text end after each new legislative
deleted text begin apportionment deleted text end new text begin redistricting new text end provided for in this article new text begin and the
senators chosen at that election from districts with odd numbers
shall serve for an initial term of two years new text end . The governor
shall call elections to fill vacancies in deleted text begin either house of deleted text end the
deleted text begin legislature deleted text end new text begin senate new text end .

Sec. 5.

No senator deleted text begin or representative deleted text end 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 legislator deleted text end new text begin senator new text end may
resign from the deleted text begin legislature deleted text end new text begin senate new text end by tendering his resignation
to the governor.

Sec. 6.

Senators deleted text begin and representatives deleted text end 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 Each house deleted text end new text begin The senate new text end shall be the
judge of the election returns and eligibility of its own
members. The deleted text begin legislature deleted text end new text begin senate new text end shall prescribe by law the
manner for taking evidence in cases of contested seats deleted text begin in either
house deleted text end .

Sec. 7.

deleted text begin Each house deleted text end new text begin The senate 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 legislature deleted text end new text begin senate
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 senators deleted text begin and representatives
deleted text end shall be prescribed by law. No increase of compensation shall
take effect during the period for which the members of the
existing deleted text begin house of representatives deleted text end new text begin senate new text end may have been elected.

Sec. 10.

The members of deleted text begin each house deleted text end new text begin the senate 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
houses deleted text end and in going to or returning from the same. For any
speech or debate in deleted text begin either house deleted text end new text begin the senate new text end they shall not be
questioned in any other place.

Sec. 11.

Two or more members of deleted text begin either house deleted text end new text begin the senate
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 legislature deleted text end new text begin senate 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 legislature deleted text end new text begin senate 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 legislature deleted text end new text begin senate new text end may adjourn to another
time. "Legislative day" shall be defined by law. A special
session of the deleted text begin legislature deleted text end new text begin senate 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 each house deleted text end new text begin the senate 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 Each house deleted text end new text begin The senate 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 Each house deleted text end new text begin The senate new text end shall elect its presiding
officer and other officers as may be provided by law. deleted text begin Both
houses deleted text end new text begin It new text end shall keep journals of deleted text begin their deleted 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 journals deleted text end new text begin journal new text end .

Sec. 16.

In all elections by the deleted text begin legislature deleted text end new text begin senate
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.

Sec. 18.

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 each house deleted text end new text begin the senate new text end , unless, in case of urgency,
two-thirds of the deleted text begin house where the bill is pending deleted text end new text begin senate new text end deem it
deleted text begin expedient deleted text end new text begin necessary new text end to dispense with this rule.

Sec. 20.

Every bill passed by deleted text begin both houses deleted text end new text begin the senate new text end shall
be enrolled and signed by the presiding officer deleted text begin of each house deleted text end .
Any presiding officer refusing to sign a bill passed deleted text begin by both
houses deleted text end shall thereafter be disqualified from any office of honor
or profit in the state. deleted text begin Each house deleted text end new text begin The senate 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 house deleted 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 or deleted 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 legislature deleted text end new text begin senate 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 of deleted text end the
deleted text begin legislature deleted text end new text begin senate new text end , and the vote entered in the journal deleted text begin of each
house deleted text end .

Sec. 23.

Every bill passed in conformity to the rules deleted text begin of
each house and the joint rules deleted text end of the deleted text begin two houses deleted text end new text begin senate 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 deleted text begin house in which it originated deleted text end new text begin senate new text end of that fact. If
he vetoes a bill, he shall return it with his objections to the
deleted text begin house in which it originated deleted text end new text begin senate new text end . His objections shall be
entered in the journal. If, after reconsideration, two-thirds
of deleted text begin that house deleted text end new text begin the senate 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 house deleted 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 houses deleted 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 house deleted 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 legislature deleted text end new text begin senate 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 legislature
deleted text end new text begin senate new 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 legislature
deleted text end new text begin senate new text end is in session, he shall transmit to the deleted text begin house in which
the bill originated deleted text end new text begin senate 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 house deleted text end , it is a part of the law
notwithstanding the objections of the governor.

Sec. 24.

Each order, resolution or vote deleted text begin requiring the
concurrence of the two houses deleted text end except such as relate to the
business or adjournment of the deleted text begin legislature deleted text end new text begin senate 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 each house deleted text end new text begin the senate 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 each house of deleted text end the
deleted text begin legislature deleted text end new text begin senate new text end .

new text begin article VIII, section 1, will read:
new text end

Section 1.

The deleted text begin house of representatives deleted text end new text begin senate new text end has the
sole power of impeachment through a concurrence of a majority of
all its members. All impeachments shall be tried by the
senate. When sitting for that purpose, senators 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 senators present.

new text begin article VIII, section 6, will read:
new text end

Sec. 6.

A member of the senate deleted text begin or the house of
representatives deleted text end , 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 majority deleted text end new text begin Sixty percent new text end of the members elected
to deleted text begin each house of deleted text end the deleted text begin legislature deleted text end new text begin senate 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 a majority of all the electors voting at the election 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 each house of
deleted text end the deleted text begin legislature deleted text end new text begin senate new text end may submit to the electors at the next
general election the question of calling a convention to revise
this constitution. If a majority of all the electors voting at
the election vote for a convention, the deleted text begin legislature deleted text end new text begin senate 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 deleted text begin house of representatives deleted text end new text begin senate new text end .
Delegates shall be chosen in the same manner as members of
the deleted text begin house of representatives deleted text end new text begin senate new text end 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 and 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 deleted text begin of each house deleted text end of the deleted text begin legislature
deleted text end new text begin senate new 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.

Sec. 2. new text begin SCHEDULE AND QUESTION.
new text end

new text begin The proposed amendment shall be submitted to the people at
the 2006 general election and, if approved, shall be effective
for members of the legislature whose terms begin the first
Monday in January 2013. The question submitted shall 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 .......
No ........"
new text end

Sec. 3.

Minnesota Statutes 2004, 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, deleted text end The senate is composed of deleted text begin 67 deleted text end new text begin 99 new text end members deleted text begin and the house
of representatives is composed of 134 members deleted text end .

Sec. 4.

Minnesota Statutes 2004, section 2.031,
subdivision 1, is amended to read:

Subdivision 1.

Legislative districts.

The
representatives in the senate deleted text begin and house of representatives deleted text end are
apportioned throughout the state in deleted text begin 67 deleted text end new text begin 99 new text end senate districts deleted text begin and
134 house districts deleted text end . Each senate district is entitled to elect
one senator deleted text begin and each house district is entitled to elect one
representative deleted text end .

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 are effective for members of the legislature whose terms
begin the first Monday in January 2013.
new text end