SF 2586

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/18/2010 12:03pm

A bill for an act
relating to the legislature; proposing an amendment to the Minnesota
Constitution, article IV, section 4; providing for temporary successors to
members of the legislature called into active military service; providing for
implementing statutory language; 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 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 4, will read:
new text end

Sec. 4.

Representatives shall be chosen for a term of two years, except to fill a vacancy.
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 of representatives
after each new legislative apportionment provided for in this article. The governor shall
call elections to fill vacancies in either house of the legislature. new text begin The legislature shall
provide by law for the prompt and temporary succession to the powers and duties of
a member of the legislature if the incumbent member determines that the member is
unavailable to perform legislative functions or duties due to being ordered to active duty
in the armed services of the United States.
new text end

Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment shall be submitted to the people at the 2010 general
election. The question submitted shall be:
new text end

new text begin "Shall the Minnesota Constitution be amended to require the legislature to enact laws
providing for prompt and temporary succession to the powers and duties of a legislator
who is ordered to active duty in the armed forces of the United States?
new text end

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

Sec. 3.

new text begin [3.025] TEMPORARY SUCCESSOR; SELECTIONS; DEFINITIONS.
new text end

new text begin (a) In accordance with article IV, section 4, of the Minnesota Constitution, for each
legislator who is ordered to active duty in the armed services of the United States, a
designee shall be selected to act as a temporary successor to the legislator's powers and
duties during the period the legislator is on active duty.
new text end

new text begin (b) Each person designated to serve as a temporary successor for a legislator must
have the qualifications and eligibility to serve as a member of the legislature from the
district of the legislator for whom the person has been designated.
new text end

new text begin (c)(1) Each legislator who may be ordered to active duty in the armed services of the
United States shall submit in writing to the presiding officer of the house of the legislature
of which the person is a member the names and contact information of at least three
qualified nominees to be the legislator's temporary successor.
new text end

new text begin (2) A legislator who is notified that the legislator is being ordered to active duty in
the armed services shall immediately notify the presiding officer of the legislator's house
of the legislature in writing of the time period the legislator anticipates being unavailable
to perform the powers and duties of the legislator's office.
new text end

new text begin (3) Upon written notification from a legislator that the legislator has been ordered to
active duty and that the legislator has determined that the legislator will be unavailable to
perform the powers and duties of the legislator's office, the appropriate presiding officer
shall immediately designate a temporary successor from the list of qualified nominees
submitted by the legislator. The presiding officer shall immediately notify each member
of that legislator's house of the legislature of the name of the person designated to serve
as a temporary successor.
new text end

new text begin (d) All constitutional and statutory provisions pertaining to the discipline and
expulsion of a legislator shall be applicable to a temporary successor.
new text end

new text begin (e) If a temporary successor is unable to serve for any reason, the appropriate
presiding officer shall designate a different person to serve from the list of qualified
nominees submitted by the legislator.
new text end

new text begin (f) For purposes of this section, "armed services" means the armed forces of the
United States as defined by United States Code, title 10, section 101(a)(4), including
reserve components of the armed forces, the Army National Guard, and the Air National
Guard.
new text end

Sec. 4.

new text begin [3.026] ASSUMPTION OF POWERS AND DUTIES OF LEGISLATOR
BY TEMPORARY SUCCESSOR.
new text end

new text begin A temporary successor shall exercise the powers and assume the duties of the
legislator from the date the legislator reports to active duty until: (1) the legislator notifies
the presiding officer of the legislator's house of the legislature in writing of the date that
the legislator can exercise the powers and duties of the legislator's office. However, no
temporary successor shall serve in this capacity beyond the end of the term of office of the
legislator for whom the successor is designated; or (2) a successor to the office has been
elected and qualified to fill a vacancy in the office under chapter 204D.
new text end

Sec. 5.

new text begin [3.027] PRIVILEGES, IMMUNITIES, AND COMPENSATION OF
TEMPORARY SUCCESSORS; COMPENSATION OF LEGISLATOR.
new text end

new text begin (a) During the time period a temporary successor exercises the powers and assumes
the duties of a legislator, the successor shall be accorded the privileges, immunities, and
compensation to which a legislator is entitled.
new text end

new text begin (b) During the time period a temporary successor is exercising the powers and duties
of a legislator on active duty, the legislator on active duty shall not be entitled to the
legislator's salary or other compensation, except as provided in paragraph (c).
new text end

new text begin (c) Notwithstanding the limits on compensation under paragraph (b), and during the
time period the temporary successor exercises the powers and duties of a legislator:
new text end

new text begin (1) the dependents of the legislator on active duty shall remain eligible for state-paid
hospital, medical, and dental benefits on the same basis as dependents of other members of
the legislature; and
new text end

new text begin (2) a legislator serving on active duty as provided under this section may continue
to contribute to the member's legislative retirement plan as provided under chapter 3A,
and the member's house of the legislature must continue to make any payments to the
plan on the same basis those payments are made for other members of the applicable
legislative retirement plan.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 3, 4, and 5 are effective on adoption of the amendment to the Minnesota
Constitution proposed to the people in section 1.
new text end