1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 proposing an amendment to the Minnesota Constitution; 1.3 providing for a unicameral legislature; changing 1.4 article IV; article VIII, sections 1 and 6; article 1.5 IX, sections 1 and 2; and article XI, section 5; 1.6 amending Minnesota Statutes 1998, sections 2.021; and 1.7 2.031, subdivision 1. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. [CONSTITUTIONAL AMENDMENTS PROPOSED.] 1.10 An amendment to the Minnesota Constitution is proposed to 1.11 the people. 1.12 If the amendment is adopted, article IV will read: 1.13 Section 1. The legislature consists of the senateand1.14house of representatives. 1.15 Sec. 2. The number of members who compose the senateand1.16house of representativesshall be prescribed by law. The 1.17 representationin both housesshall be apportioned equally 1.18 throughout the different sections of the state in proportion to 1.19 the population thereof. 1.20 Sec. 3. At its first session after each enumeration of the 1.21 inhabitants of this state made by the authority of the United 1.22 States, thelegislaturesenate shall have the power to prescribe 1.23 the bounds of congressional and legislative districts. Senators 1.24 shall be chosen by single districts of convenient contiguous 1.25 territory.No representative district shall be divided in the1.26formation of a senate district.The senate districts shall be 2.1 numbered in a regular series. 2.2 Sec. 4.Representatives shall be chosen for a term of two2.3years, except to fill a vacancy.Senators shall be chosen for a 2.4 term of four years, except to fill a vacancy and exceptthere2.5shall be an entire new election of all the senators at the first2.6election of representativesthat in the election in the year 2.7 2002, senators chosen from one-half of the senate districts, as 2.8 nearly as possible, shall be elected for a term of two years. 2.9 The districts that elect senators for a term of two years in 2.10 that election shall be determined by law. After each new 2.11 legislativeapportionmentredistricting provided for in this 2.12 article, the senators elected before the redistricting shall 2.13 continue in office for the balance of their term. Where 2.14 necessary, the law providing for the redistricting shall specify 2.15 the newly established districts that senators shall represent. 2.16 The governor shall call elections to fill vacancies ineither2.17house ofthelegislaturesenate. 2.18 Sec. 5. No senatoror representativeshall hold any other 2.19 office under the authority of the United States or the state of 2.20 Minnesota, except that of postmaster or of notary public. If 2.21 elected or appointed to another office, alegislatorsenator may 2.22 resign from thelegislaturesenate by tendering his resignation 2.23 to the governor. 2.24 Sec. 6. Senatorsand representativesshall be qualified 2.25 voters of the state, and shall have resided one year in the 2.26 state and six months immediately preceding the election in the 2.27 district from which elected.Each houseThe senate shall be the 2.28 judge of the election returns and eligibility of its own 2.29 members. Thelegislaturesenate shall prescribe by law the 2.30 manner for taking evidence in cases of contested seatsin either2.31house. 2.32 Sec. 7.Each houseThe senate may determine the rules of 2.33 its proceedings, sit upon its own adjournment, punish its 2.34 members for disorderly behavior, and with the concurrence of 2.35 two-thirds expel a member; but no member shall be expelled a 2.36 second time for the same offense. 3.1 Sec. 8. Each member and officer of thelegislaturesenate 3.2 before entering upon his duties shall take an oath or 3.3 affirmation to support the Constitution of the United States, 3.4 the constitution of this state, and to discharge faithfully the 3.5 duties of his office to the best of his judgment and ability. 3.6 Sec. 9. The compensation of senatorsand representatives3.7 shall be prescribed by law. No increase of compensation shall 3.8 take effect during the period for which the members of the 3.9 existinghouse of representativessenate may have been elected. 3.10 Sec. 10. The members ofeach housethe senate in all cases 3.11 except treason, felony and breach of the peace, shall be 3.12 privileged from arrest during the sessionof their respective3.13housesand in going to or returning from the same. For any 3.14 speech or debatein either housethey shall not be questioned in 3.15 any other place. 3.16 Sec. 11. Two or more members ofeither housethe senate 3.17 may dissent and protest against any act or resolution which they 3.18 think injurious to the public or to any individual and have the 3.19 reason of their dissent entered in the journal. 3.20 Sec. 12. Thelegislaturesenate shall meet at the seat of 3.21 government in regular session in each biennium at the times 3.22 prescribed by law for not exceeding a total of 120 legislative 3.23 days. Thelegislaturesenate shall not meet in regular session, 3.24 nor in any adjournment thereof, after the first Monday following 3.25 the third Saturday in May of any year. After meeting at a time 3.26 prescribed by law, thelegislaturesenate may adjourn to another 3.27 time. "Legislative day" shall be defined by law. A special 3.28 session of thelegislaturesenate may be called by the governor 3.29 on extraordinary occasions. 3.30Neither house during a session of the legislature shall3.31adjourn for more than three days (Sundays excepted) nor to any3.32other place than that in which the two houses shall be assembled3.33without the consent of the other house.3.34 Sec. 13. A majority ofeach housethe senate constitutes a 3.35 quorum to transact business, but a smaller number may adjourn 3.36 from day to day and compel the attendance of absent members in 4.1 the manner and under the penalties it may provide. 4.2 Sec. 14.Each houseThe senate shall be open to the public 4.3 during its sessions except in cases which in its opinion require 4.4 secrecy. 4.5 Sec. 15.Each houseThe senate shall elect its presiding 4.6 officer and other officers as may be provided by law.Both4.7housesIt shall keepjournalsa journal oftheirits 4.8 proceedings, and from time to time publish the same, and the 4.9 yeas and nays, when taken on any question, shall be entered in 4.10 thejournalsjournal. 4.11 Sec. 16. In all elections by thelegislaturesenate 4.12 members shall vote viva voce and their votes shall be entered in 4.13 the journal. 4.14 Sec. 17. No law shall embrace more than one subject, which 4.15 shall be expressed in its title. 4.16 Sec. 18.All bills for raising revenue shall originate in4.17the house of representatives, but the senate may propose and4.18concur with the amendments as on other bills.4.19Sec. 19.Every bill shall be reported on three different 4.20 days ineach housethe senate, unless, in case of urgency, 4.21 two-thirds of thehouse where the bill is pendingsenate deem it 4.22 expedient to dispense with this rule. 4.23 Sec.2019. Every bill passed byboth housesthe senate 4.24 shall be enrolled and signed by the presiding officerof each4.25house. Any presiding officer refusing to sign a bill passed 4.26 byboth housesshall thereafter be disqualified from any office 4.27 of honor or profit in the state.Each houseThe senate by rule 4.28 shall provide the manner in which a bill shall be certified for 4.29 presentation to the governor in case of such refusal. 4.30 Sec.2120. No bill shall be passedby either houseupon 4.31 the day prescribed for adjournment. This section shall not 4.32 preclude the enrollment of a bill or its transmittalfrom one4.33house to the other orto the executive for his signature. 4.34 Sec.2221. The style of all laws of this state shall be: 4.35 "Be it enacted by thelegislaturesenate of the state of 4.36 Minnesota." No law shall be passed unless voted for by a 5.1 majority of all the members elected toeach house ofthe 5.2legislaturesenate, and the vote entered in the journalof each5.3house. 5.4 Sec.2322. Every bill passed in conformity to the 5.5 rulesof each house and the joint rulesof thetwo housessenate 5.6 shall be presented to the governor. If he approves a bill, he 5.7 shall sign it, deposit it in the office of the secretary of 5.8 state and notify thehouse in which it originatedsenate of that 5.9 fact. If he vetoes a bill, he shall return it with his 5.10 objections to thehouse in which it originatedsenate. His 5.11 objections shall be entered in the journal. If, after 5.12 reconsideration, two-thirds ofthat housethe senate agree to 5.13 pass the bill,it shall be sent, together with the governor's5.14objections, to the other house, which shall likewise reconsider5.15it. If approved by two-thirds of that houseit becomes a law 5.16 and shall be deposited in the office of the secretary of state. 5.17 In such cases the votesof both housesshall be determined by 5.18 yeas and nays, and the names of the persons voting for or 5.19 against the bill shall be entered in the journalof each house. 5.20 Any bill not returned by the governor within three days (Sundays 5.21 excepted) after it is presented to him becomes a law as if he 5.22 had signed it, unless thelegislaturesenate by adjournment 5.23 within that time prevents its return. Any bill passed during 5.24 the last three days of a session may be presented to the 5.25 governor during the three days following the day of final 5.26 adjournment and becomes law if the governor signs and deposits 5.27 it in the office of the secretary of state within 14 days after 5.28 the adjournment of thelegislaturesenate. Any bill passed 5.29 during the last three days of the session which is not signed 5.30 and deposited within 14 days after adjournment does not become a 5.31 law. 5.32 If a bill presented to the governor contains several items 5.33 of appropriation of money, he may veto one or more of the items 5.34 while approving the bill. At the time he signs the bill the 5.35 governor shall append to it a statement of the items he vetoes 5.36 and the vetoed items shall not take effect. If the 6.1legislaturesenate is in session, he shall transmit to thehouse6.2in which the bill originatedsenate a copy of the statement, and 6.3 the items vetoed shall be separately reconsidered. If on 6.4 reconsideration any item is approved by two-thirds of the 6.5 members electedto each house, it is a part of the law 6.6 notwithstanding the objections of the governor. 6.7 Sec.2423. Each order, resolution or voterequiring the6.8concurrence of the two housesexcept such as relate to the 6.9 business or adjournment of thelegislaturesenate shall be 6.10 presented to the governor and is subject to his veto as 6.11 prescribed in case of a bill. 6.12 Sec.2524. During a sessioneach housethe senate may 6.13 punish by imprisonment for not more than 24 hours any person not 6.14 a member who is guilty of any disorderly or contemptuous 6.15 behavior in its presence. 6.16 Sec.2625. Passage of a general banking law requires the 6.17 vote of two-thirds of the members of each house of the 6.18legislaturesenate. 6.19 article VIII, section 1, will read: 6.20 Section 1. Thehouse of representativessenate has the 6.21 sole power of impeachment through a concurrence of a majority of 6.22 all its members. All impeachments shall be tried by the 6.23 senate. When sitting for that purpose, senators shall be upon 6.24 oath or affirmation to do justice according to law and 6.25 evidence. No person shall be convicted without the concurrence 6.26 of two-thirds of the senators present. 6.27 article VIII, section 6, will read: 6.28 Sec. 6. A member of the senateor the house of6.29representatives, an executive officer of the state identified in 6.30 section 1 of article V of the constitution, or a judge of the 6.31 supreme court, the court of appeals, or a district court is 6.32 subject to recall from office by the voters. The grounds for 6.33 recall of a judge shall be established by the supreme court. 6.34 The grounds for recall of an officer other than a judge are 6.35 serious malfeasance or nonfeasance during the term of office in 6.36 the performance of the duties of the office or conviction during 7.1 the term of office of a serious crime. A petition for recall 7.2 must set forth the specific conduct that may warrant recall. A 7.3 petition may not be issued until the supreme court has 7.4 determined that the facts alleged in the petition are true and 7.5 are sufficient grounds for issuing a recall petition. A 7.6 petition must be signed by a number of eligible voters who 7.7 reside in the district where the officer serves and who number 7.8 not less than 25 percent of the number of votes cast for the 7.9 office at the most recent general election. Upon a 7.10 determination by the secretary of state that a petition has been 7.11 signed by at least the minimum number of eligible voters, a 7.12 recall election must be conducted in the manner provided by 7.13 law. A recall election may not occur less than six months 7.14 before the end of the officer's term. An officer who is removed 7.15 from office by a recall election or who resigns from office 7.16 after a petition for recall issues may not be appointed to fill 7.17 the vacancy that is created. 7.18 article IX, section 1, will read: 7.19 Section 1. A majority of the members elected toeach house7.20of the legislaturethe senate may propose amendments to this 7.21 constitution. Proposed amendments shall be published with the 7.22 laws passed at the same session and submitted to the people for 7.23 their approval or rejection at a general election. If a 7.24 majority of all the electors voting at the election vote to 7.25 ratify an amendment, it becomes a part of this constitution. If 7.26 two or more amendments are submitted at the same time, voters 7.27 shall vote for or against each separately. 7.28 article IX, section 2, will read: 7.29 Sec. 2. Two-thirds of the members elected toeach house of7.30the legislaturethe senate may submit to the electors at the 7.31 next general election the question of calling a convention to 7.32 revise this constitution. If a majority of all the electors 7.33 voting at the election vote for a convention, thelegislature7.34 senate at its next session, shall provide by law for calling the 7.35 convention. The convention shall consist of as many delegates 7.36 as there are members of thehouse of representativessenate. 8.1 Delegates shall be chosen in the same manner as members of 8.2 thehouse of representativessenate and shall meet within three 8.3 months after their election. Section 5 of Article IV of the 8.4 constitution does not apply to election to the convention. 8.5 and article XI, section 5, will read: 8.6 Sec. 5. Public debt may be contracted and works of 8.7 internal improvements carried on for the following purposes: 8.8 (a) to acquire and to better public land and buildings and 8.9 other public improvements of a capital nature and to provide 8.10 money to be appropriated or loaned to any agency or political 8.11 subdivision of the state for such purposes if the law 8.12 authorizing the debt is adopted by the vote of at least 8.13 three-fifths of the membersof each houseof the 8.14legislaturesenate; 8.15 (b) to repel invasion or suppress insurrection; 8.16 (c) to borrow temporarily as authorized in section 6; 8.17 (d) to refund outstanding bonds of the state or any of its 8.18 agencies whether or not the full faith and credit of the state 8.19 has been pledged for the payment of the bonds; 8.20 (e) to establish and maintain highways subject to the 8.21 limitations of article XIV; 8.22 (f) to promote forestation and prevent and abate forest 8.23 fires, including the compulsory clearing and improving of wild 8.24 lands whether public or private; 8.25 (g) to construct, improve and operate airports and other 8.26 air navigation facilities; 8.27 (h) to develop the state's agricultural resources by 8.28 extending credit on real estate security in the manner and on 8.29 the terms and conditions prescribed by law; 8.30 (i) to improve and rehabilitate railroad rights-of-way and 8.31 other rail facilities whether public or private, provided that 8.32 bonds issued and unpaid shall not at any time exceed 8.33 $200,000,000 par value; and 8.34 (j) as otherwise authorized in this constitution. 8.35 As authorized by law political subdivisions may engage in 8.36 the works permitted by (f), (g), and (i) and contract debt 9.1 therefor. 9.2 Sec. 2. [BALLOT PROPOSITION.] 9.3 The proposed amendment shall be submitted to the people at 9.4 the 2000 general election. The question proposed shall be: 9.5 "Shall the Minnesota Constitution be amended to provide 9.6 that the Minnesota House of Representatives and Senate be 9.7 replaced by a single legislative body called the Senate, 9.8 beginning in 2003? 9.9 Yes ....... 9.10 No ........" 9.11 Sec. 3. Minnesota Statutes 1998, section 2.021, is amended 9.12 to read: 9.13 2.021 [NUMBER OF MEMBERS.] 9.14For each legislature, until a new apportionment shall have9.15been made,The senate is composed of67135 membersand the9.16house of representatives is composed of 134 members. 9.17 Sec. 4. Minnesota Statutes 1998, section 2.031, 9.18 subdivision 1, is amended to read: 9.19 Subdivision 1. [LEGISLATIVE DISTRICTS.] The 9.20representativesrepresentation in the senateand house of9.21representatives areis apportioned throughout the state in679.22senate135 districtsand 134 house districts. Eachsenate9.23 district is entitled to elect one senatorand each house9.24district is entitled to elect one representative. 9.25 Sec. 5. [NOTICE.] 9.26 In addition to the requirements of Minnesota Statutes, 9.27 section 3.21, the secretary of state, in consultation with the 9.28 attorney general, shall prepare a voter guide that summarizes 9.29 impartially the issues presented to the voters by the 9.30 constitutional amendment proposed by section 1 and the arguments 9.31 commonly advanced in support of and opposition to bicameral and 9.32 unicameral state legislatures. Beginning at least three months 9.33 before the election, the secretary of state shall publish notice 9.34 of the availability of the guide in qualified newspapers of 9.35 general circulation in the state and of general circulation in 9.36 the various geographic regions of the state. The secretary of 10.1 state shall make the guide available on the Internet, shall mail 10.2 a free copy of the guide to anyone on request, and shall 10.3 distribute free copies of the guide to all educational 10.4 institutions, local government offices, and public libraries 10.5 throughout the state in volumes sufficient to supply a free copy 10.6 to anyone wishing one. In October, before the election, the 10.7 secretary of state shall publish the summary once in qualified 10.8 newspapers of general circulation in the state. 10.9 Sec. 6. [EFFECTIVE DATE.] 10.10 If the amendment proposed by section 1 is adopted, the 10.11 amendment and sections 3 and 4 are effective for the legislators 10.12 whose terms begin the first Monday in January 2003.