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HF 1363

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/22/2021 02:29pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/22/2021

Current Version - as introduced

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A bill for an act
proposing an amendment to the Minnesota Constitution, article V, section 5;
changing the process for filling a vacancy in the office of lieutenant governor.

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

Section 1. new text beginCONSTITUTIONAL 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 V, section 5, will read:
new text end

Sec. 5.

In case a vacancy occurs from any cause whatever in the office of governor, the
lieutenant governor shall be governor during such vacancy. The compensation of the
lieutenant governor shall be prescribed by law. deleted text beginThe last elected presiding officerdeleted text end new text beginIf a vacancy
occurs in the office of lieutenant governor, the governor, with the advice and consent
new text endof the
senatenew text begin and the house of representatives,new text end shall new text beginappoint a person to new text endbecome lieutenant governordeleted text begin
in case a vacancy occurs in that office
deleted text end. new text beginThe governor must make the appointment within 30
days after the vacancy occurs, and the senate and house of representatives must act on the
appointment within 30 days after the appointment is made. If the legislature will not be in
session at any point in time during the 30 days provided, the governor must call the legislature
into a special session, unless the legislature has taken action on the appointment. The special
session is limited to taking action on the appointment, and the legislature may not meet in
the special session called for this purpose more than 30 days following the governor's
appointment. If the governor appoints a member of the legislature to serve as lieutenant
governor, the member must resign the member's legislative office upon acceptance of the
governor's appointment.
new text endIn case the governor is unable to discharge the powers and duties
of his office, the same devolves on the lieutenant governor. The legislature may provide by
law for the case of the removal, death, resignation, or inability both of the governor and
lieutenant governor to discharge the duties of governor and may provide by law for continuity
of government in periods of emergency resulting from disasters caused by enemy attack in
this state, including but not limited to, succession to the powers and duties of public office
and change of the seat of government.

Sec. 2. new text beginSUBMISSION TO VOTERS.
new text end

new text begin (a) The proposed amendment must be submitted to the people at the 2022 general election.
The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to require the governor to appoint, with
the consent of the senate and the house of representatives, a person to fill a vacancy in the
office of lieutenant governor?
new text end

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

new text begin (b) The title required under Minnesota Statutes, section 204D.15, subdivision 1, for the
question submitted to the people under paragraph (a) shall be: "Filling a Vacancy for
Lieutenant Governor by Governor's Appointment."
new text end