SF 757

as introduced - 91st Legislature (2019 - 2020) Posted on 01/31/2019 04:21pm

A bill for an act
relating to the legislature; proposing an amendment to the Minnesota Constitution,
article IV; article VIII, sections 1 and 6; article IX, sections 1 and 2; article XI,
section 5; providing for a single-house legislature; providing by statute for a
legislature of 99 members; amending Minnesota Statutes 2018, sections 2.021;
2.031, subdivision 1.

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

Section 1. CONSTITUTIONAL AMENDMENTS PROPOSED.

An amendment to the Minnesota Constitution is proposed to the people. If the amendment
is adopted, article IV, will read:

Section 1.

The legislature consists of the senate and house of representatives.

Sec. 2.

The number of members who compose the senate and house of representatives
shall be prescribed by law. The representation in both houses 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 legislature senate shall have the power to prescribe
the bounds of congressional and legislative districts. Senators shall be chosen by single
districts of convenient contiguous territory. No representative district shall be divided in
the formation of a senate district. The senate districts shall be numbered in a regular series.

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 redistricting provided for in this article and the senators
chosen at that election from districts with odd numbers shall serve for an initial term of two
years. The governor shall call elections to fill vacancies in either house of the legislature
senate.

Sec. 5.

No senator or representative 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 legislator senator may resign from the legislature
senate by tendering his resignation to the governor.

Sec. 6.

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

Sec. 7.

Each house The senate 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 legislature senate 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 salary of senators and representatives shall be prescribed by a council
consisting of the following members: one person who is not a judge from each congressional
district appointed by the chief justice of the Supreme Court, and one member from each
congressional district appointed by the governor. If Minnesota has an odd number of
congressional districts, the governor and the chief justice must each appoint an at-large
member in addition to a member from each congressional district. One-half of the members
appointed by the governor and one-half of the members appointed by the chief justice must
belong to the political party that has the most members in the legislature senate. One-half
of the members appointed by the governor and one-half of the members appointed by the
chief justice must belong to the political party that has the second-most members in the
legislature senate. None of the members of the council may be current or former legislators,
or the spouse of a current legislator senator. None of the members of the council may be
current or former lobbyists registered under Minnesota law. None of the members of the
council may be a current employee of the legislature senate. None of the members of the
council may be a current or former judge. None of the members of the council may be a
current or former governor, lieutenant governor, attorney general, secretary of state, or state
auditor. None of the members of the council may be a current employee of an entity in the
executive or judicial branch. Membership terms, removal, and compensation of members
shall be as provided by law. The council must prescribe salaries by March 31 of each
odd-numbered year, taking into account any other legislative compensation provided to
legislators senators by the state of Minnesota, with any changes in salary to take effect on
July 1 of that year. Any salary increase for legislators senators authorized in law by the
legislature after January 5, 2015, is repealed.

Sec. 10.

The members of each house the senate in all cases except treason, felony and
breach of the peace, shall be privileged from arrest during the session of their respective
houses and in going to or returning from the same. For any speech or debate in either house
the senate they shall not be questioned in any other place.

Sec. 11.

Two or more members of either house the senate 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 legislature senate 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 legislature senate 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 legislature senate may adjourn to another time. "Legislative
day" shall be defined by law. A special session of the legislature senate may be called by
the governor on extraordinary occasions.

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.

Sec. 13.

A majority of each house the senate 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.

Each house The senate shall be open to the public during its sessions except
in cases which in its opinion require secrecy.

Sec. 15.

Each house The senate shall elect its presiding officer and other officers as
may be provided by law. Both houses It shall keep journals of their its proceedings, and
from time to time publish the same, and the yeas and nays, when taken on any question,
shall be entered in the journals journal.

Sec. 16.

In all elections by the legislature senate 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.

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.

Sec. 19.

Every bill shall be reported on three different days in each house the senate,
unless, in case of urgency, two-thirds of the house where the bill is pending senate deem it
expedient necessary to dispense with this rule.

Sec. 20.

Every bill passed by both houses the senate shall be enrolled and signed by the
presiding officer of each house. Any presiding officer refusing to sign a bill passed by both
houses shall thereafter be disqualified from any office of honor or profit in the state. Each
house The senate 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 by either house upon the day prescribed for adjournment.
This section shall not preclude the enrollment of a bill or its transmittal from one house to
the other or to the executive for his signature.

Sec. 22.

The style of all laws of this state shall be: "Be it enacted by the legislature
senate 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 senate, and the vote entered in the
journal of each house.

Sec. 23.

Every bill passed in conformity to the rules of each house and the joint rules
of the two houses senate 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 house in which it
originated senate of that fact. If he vetoes a bill, he shall return it with his objections to the
house in which it originated senate. His objections shall be entered in the journal. If, after
reconsideration, two-thirds of that house the senate agree to pass the bill, 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 it becomes a law and shall be deposited in the
office of the secretary of state. In such cases the votes of both houses 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 of each house. 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
legislature senate 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 legislature
senate. 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 legislature senate is in session, he shall transmit to the house in which the
bill originated senate 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
elected to each house, it is a part of the law notwithstanding the objections of the governor.

Sec. 24.

Each order, resolution or vote requiring the concurrence of the two houses
except such as relate to the business or adjournment of the legislature senate shall be
presented to the governor and is subject to his veto as prescribed in case of a bill.

Sec. 25.

During a session each house the senate 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 each house of the legislature senate.

article VIII, section 1, will read:

Section 1.

The house of representatives senate 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.

article VIII, section 6, will read:

Sec. 6.

A member of the senate or the house of representatives, 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.

article IX, section 1, will read:

Section 1.

A majority Three-fifths of the members elected to each house of the legislature
senate 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.

article IX, section 2, will read:

Sec. 2.

Two-thirds of the members elected to each house of the legislature senate 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 legislature senate 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
house of representatives senate. Delegates shall be chosen in the same manner as members
of the house of representatives senate 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.

article XI, section 5, will read:

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 of each house of the legislature senate;

(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. SUBMISSION TO VOTERS.

The proposed amendment must be submitted to the people at the 2020 general election
and, if approved, shall be effective for members of the legislature whose terms begin the
first Monday in January 2025. The question submitted must be:

"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 2025?

	Yes .
	No .	"

Sec. 3.

Minnesota Statutes 2018, section 2.021, is amended to read:

2.021 NUMBER OF MEMBERS.

For each legislature, until a new apportionment shall have been made, The senate is
composed of 67 99 members and the house of representatives is composed of 134 members.

Sec. 4.

Minnesota Statutes 2018, section 2.031, subdivision 1, is amended to read:

Subdivision 1.

Legislative districts.

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

Sec. 5. EFFECTIVE DATE.

If the amendment proposed in section 1 is adopted, sections 3 and 4 are effective for
members of the senate whose terms begin the first Monday in January 2025.