SF 3560

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

A bill for an act
relating to legislative organization; proposing a constitutional amendment
to prohibit control of the legislative decision-making process by subgroups;
requiring distribution of legislative powers; full house participation in final
decisions; proposing coding for new law in Minnesota Statutes, chapter 3.

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, section 7, will read:
new text end

Sec. 7.

Each house 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. new text begin The rules of proceedings must distribute legislative powers in each house to
ensure that final decisions on each legislative proposal are available to or made by each
house and not by legislative subgroups.
new text end

new text begin Article IV, section 22 will read:
new text end

Sec. 22.

The style of all laws of this state shall be: "Be it enacted by the legislature of
the state of Minnesota." No law shall be passed unless voted for by a majority of all the
members elected to each house of the legislature, and the vote entered in the journal of
each house. new text begin No legislative subgroup shall be permitted to prohibit such actions.
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 2006 general
election. The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to prohibit the legislature from
creating any small group of legislators that can control the legislative process and
permanently prevent legislation from being voted on?
new text end

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

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

Sec. 3.

new text begin [3.051] RULES OF PROCEEDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin The rules of each house and the joint rules of the
legislature must conform to the requirements of this section.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the
meanings given them.
new text end

new text begin (1) "Governmental organization" means an executive branch or other advisory
commission, board, or group to which legislators are appointed by virtue of their office
and by a legislative appointing authority.
new text end

new text begin (2) "Legislative group" means a committee of the house or senate, a conference
committee, a legislative commission, or a similar subgroup of legislators established by or
for either house or both houses.
new text end

new text begin (3) "Majority group" means the political group or group of members of a house
that has the greatest number of members.
new text end

new text begin (4) "Minority group" means any political group or group of members of a house that
has fewer than the greatest number of members.
new text end

new text begin Subd. 3. new text end

new text begin Approval of appointments. new text end

new text begin The membership of a house must approve the
appointment of its members to legislative groups and governmental organizations.
new text end

new text begin Subd. 4. new text end

new text begin Representation of majority and minority groups. new text end

new text begin The members of a
house must be represented on all legislative groups in proportion to the membership of
the majority and minority political groups in that house. To the extent possible, members
must also be represented on each individual group in such a proportion. The members of a
house must be represented on all governmental organizations of statewide jurisdiction with
legislative memberships in proportion to the membership of the majority and minority
political groups in that house. If a majority or minority group declines from accepting an
offer of such a position, the proportions will be readjusted accordingly.
new text end

new text begin Subd. 5. new text end

new text begin Bill and resolution referral; return to floor. new text end

new text begin Prior to the beginning of each
legislative session, deadlines for action by legislative groups on all bills and resolutions
shall be established by the rules committees of each house and ratified by a majority vote
of each house. All bills and resolutions must then meet the following requirements:
new text end

new text begin (1) all bills or resolutions referred to a legislative group within a particular house
must be returned to the entire body after the date of the last such deadline and placed on a
general ledger or calendar for 14 calendar days to allow possible action by the entire house;
new text end

new text begin (2) legislative groups within each house must report all committee actions taken,
may suggest amendments or append recommendations to bills and resolutions that come
before them, or may return such without change or recommendation;
new text end

new text begin (3) after a bill or resolution has been referred to a conference committee, that
conference committee has 14 calendar days to report a joint recommendation to each
house, and may be dissolved or replaced at any time by a majority vote in either house;
new text end

new text begin (4) conference committees must cease all activity and disband at least four days
prior to the end of a regular session unless the house and senate suspend this requirement
by a majority vote; and
new text end

new text begin (5) during special sessions all legislative groups, working groups, conference
committees, task forces, or other subgroups of legislative members must be formally
appointed by a majority vote of each house, and must serve for a period of time specified
when appointed, after which they must either disband or make a joint recommendation
to each house.
new text end

new text begin Subd. 6. new text end

new text begin Bill hearing prioritization process for committees or other subgroups.
new text end

new text begin Bill hearing prioritization, if not determined by each house, shall be determined by the
members of each respective committee or subgroup.
new text end

Sec. 4. new text begin APPLICATION.
new text end

new text begin If the amendment proposed by section 1 is adopted, section 3 is effective for the
legislature beginning in 2007 and thereafter.
new text end