Bill Text: MN HF187 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Legislative temporary successors provided for members called into active military service, and constitutional amendment proposed.
Sponsorship: Partisan Bill (Republican 12)
Status: (Introduced - Dead) 2011-01-24 - Introduction and first reading, referred to Veterans Services Division [HF187 Detail]
Download: Minnesota-2011-HF187-Introduced.html
1.2relating to the legislature; proposing an amendment to the Minnesota
1.3Constitution, article IV, section 4; providing for temporary successors to
1.4members of the legislature called into active military service; providing for
1.5implementing statutory language;proposing coding for new law in Minnesota
1.6Statutes, chapter 3.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. CONSTITUTIONAL AMENDMENT PROPOSED.
1.9An amendment to the Minnesota Constitution is proposed to the people. If the
1.10amendment is adopted, article IV, section 4, will read:
1.11Sec. 4. Representatives shall be chosen for a term of two years, except to fill a vacancy.
1.12Senators shall be chosen for a term of four years, except to fill a vacancy and except there
1.13shall be an entire new election of all the senators at the first election of representatives after
1.14each new legislative apportionment provided for in this article. The governor shall call
1.15elections to fill vacancies in either house of the legislature. The legislature shall provide by
1.16law for the prompt and temporary succession to the powers and duties of a member of the
1.17legislature if the incumbent member determines that the member is unavailable to perform
1.18legislative functions or duties due to being ordered to active duty in the armed services of
1.19the United States for a period anticipated to be more than 30 consecutive legislative days.
1.20 Sec. 2. SUBMISSION TO VOTERS.
1.21The proposed amendment shall be submitted to the people at the 2012 general
1.22election. The question submitted shall be:
1.23"Shall the Minnesota Constitution be amended to require the legislature to enact
1.24laws providing for prompt and temporary succession to the powers and duties of a
2.1legislator who is ordered to active duty in the armed forces of the United States for a
2.2period anticipated to be more than 30 consecutive legislative days?
2.5 Sec. 3. [3.025] TEMPORARY SUCCESSOR; SELECTIONS; DEFINITIONS.
2.6(a) In accordance with article IV, section 4, of the Minnesota Constitution, for each
2.7legislator who is ordered to active duty in the armed services of the United States, a
2.8designee shall be selected to act as a temporary successor to the legislator's powers and
2.9duties during the period the legislator is on active duty. This section applies only if the
2.10legislator ordered to active duty anticipates that the legislator will be unable to perform
2.11legislative functions or duties for more than 30 consecutive legislative days.
2.12(b) Each person designated to serve as a temporary successor for a legislator must
2.13have the qualifications and eligibility to serve as a member of the legislature from the
2.14district of the legislator for whom the person has been designated.
2.15(c)(1) Each legislator who may be ordered to active duty in the armed services of the
2.16United States shall submit in writing to the presiding officer of the house of the legislature
2.17of which the person is a member, or to the minority leader of that house if the person is
2.18a member of the minority caucus, the names and contact information of at least three
2.19qualified nominees to be the legislator's temporary successor.
2.20(2) A legislator who is notified that the legislator is being ordered to active duty in
2.21the armed services shall immediately notify the presiding officer or minority leader, as
2.22applicable, of the legislator's house of the legislature in writing of the time period the
2.23legislator anticipates being unavailable to perform the powers and duties of the legislator's
2.24office.
2.25(3) Upon written notification from a legislator that the legislator has been ordered to
2.26active duty and that the legislator has determined that the legislator will be unavailable to
2.27perform the powers and duties of the legislator's office, the appropriate presiding officer,
2.28or minority leader if the legislator is a member of the minority caucus, shall immediately
2.29designate a temporary successor from the list of qualified nominees submitted by the
2.30legislator. The presiding officer or minority leader shall immediately notify each member
2.31of that legislator's house of the legislature of the name of the person designated to serve
2.32as a temporary successor.
2.33(d) All constitutional and statutory provisions pertaining to the discipline and
2.34expulsion of a legislator shall be applicable to a temporary successor.
3.1(e) If a temporary successor is unable to serve for any reason, the appropriate
3.2presiding officer or minority leader shall designate a different person to serve from the list
3.3of qualified nominees submitted by the legislator.
3.4(f) For purposes of this section, "armed services" means the armed forces of the
3.5United States as defined by United States Code, title 10, section 101(a)(4), including
3.6reserve components of the armed forces, the Army National Guard, and the Air National
3.7Guard.
3.8 Sec. 4. [3.026] ASSUMPTION OF POWERS AND DUTIES OF LEGISLATOR
3.9BY TEMPORARY SUCCESSOR.
3.10A temporary successor shall exercise the powers and assume the duties of the
3.11legislator from the date the legislator reports to active duty until the legislator notifies the
3.12presiding officer or minority leader of the legislator's house of the legislature in writing of
3.13the date that the legislator can exercise the powers and duties of the legislator's office.
3.14However, no temporary successor shall serve in such capacity beyond the end of the term
3.15of office of the legislator for whom the successor is designated.
3.16 Sec. 5. [3.027] PRIVILEGES, IMMUNITIES, AND COMPENSATION OF
3.17TEMPORARY SUCCESSORS; COMPENSATION OF LEGISLATOR.
3.18(a) During the time period a temporary successor exercises the powers and assumes
3.19the duties of a legislator, the successor shall be accorded the privileges, immunities, and
3.20compensation to which a legislator is entitled.
3.21(b) During the time period a temporary successor is exercising the powers and duties
3.22of a legislator on active duty, the legislator on active duty shall not be entitled to the
3.23legislator's salary or other compensation. However, the allowances for the district office
3.24of the legislator and the provisions for the legislator's legislative assistant or assistants
3.25shall continue in a manner provided by law and the rules of procedure of the legislator's
3.26house of the legislature.
3.27 Sec. 6. EFFECTIVE DATE.
3.28Sections 3, 4, and 5 are effective on adoption of the amendment to the Minnesota
3.29Constitution proposed to the people in section 1.
1.3Constitution, article IV, section 4; providing for temporary successors to
1.4members of the legislature called into active military service; providing for
1.5implementing statutory language;proposing coding for new law in Minnesota
1.6Statutes, chapter 3.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. CONSTITUTIONAL AMENDMENT PROPOSED.
1.9An amendment to the Minnesota Constitution is proposed to the people. If the
1.10amendment is adopted, article IV, section 4, will read:
1.11Sec. 4. Representatives shall be chosen for a term of two years, except to fill a vacancy.
1.12Senators shall be chosen for a term of four years, except to fill a vacancy and except there
1.13shall be an entire new election of all the senators at the first election of representatives after
1.14each new legislative apportionment provided for in this article. The governor shall call
1.15elections to fill vacancies in either house of the legislature. The legislature shall provide by
1.16law for the prompt and temporary succession to the powers and duties of a member of the
1.17legislature if the incumbent member determines that the member is unavailable to perform
1.18legislative functions or duties due to being ordered to active duty in the armed services of
1.19the United States for a period anticipated to be more than 30 consecutive legislative days.
1.20 Sec. 2. SUBMISSION TO VOTERS.
1.21The proposed amendment shall be submitted to the people at the 2012 general
1.22election. The question submitted shall be:
1.23"Shall the Minnesota Constitution be amended to require the legislature to enact
1.24laws providing for prompt and temporary succession to the powers and duties of a
2.1legislator who is ordered to active duty in the armed forces of the United States for a
2.2period anticipated to be more than 30 consecutive legislative days?
| 2.3 |
Yes ..... |
||
| 2.4 |
No
.....
" |
2.5 Sec. 3. [3.025] TEMPORARY SUCCESSOR; SELECTIONS; DEFINITIONS.
2.6(a) In accordance with article IV, section 4, of the Minnesota Constitution, for each
2.7legislator who is ordered to active duty in the armed services of the United States, a
2.8designee shall be selected to act as a temporary successor to the legislator's powers and
2.9duties during the period the legislator is on active duty. This section applies only if the
2.10legislator ordered to active duty anticipates that the legislator will be unable to perform
2.11legislative functions or duties for more than 30 consecutive legislative days.
2.12(b) Each person designated to serve as a temporary successor for a legislator must
2.13have the qualifications and eligibility to serve as a member of the legislature from the
2.14district of the legislator for whom the person has been designated.
2.15(c)(1) Each legislator who may be ordered to active duty in the armed services of the
2.16United States shall submit in writing to the presiding officer of the house of the legislature
2.17of which the person is a member, or to the minority leader of that house if the person is
2.18a member of the minority caucus, the names and contact information of at least three
2.19qualified nominees to be the legislator's temporary successor.
2.20(2) A legislator who is notified that the legislator is being ordered to active duty in
2.21the armed services shall immediately notify the presiding officer or minority leader, as
2.22applicable, of the legislator's house of the legislature in writing of the time period the
2.23legislator anticipates being unavailable to perform the powers and duties of the legislator's
2.24office.
2.25(3) Upon written notification from a legislator that the legislator has been ordered to
2.26active duty and that the legislator has determined that the legislator will be unavailable to
2.27perform the powers and duties of the legislator's office, the appropriate presiding officer,
2.28or minority leader if the legislator is a member of the minority caucus, shall immediately
2.29designate a temporary successor from the list of qualified nominees submitted by the
2.30legislator. The presiding officer or minority leader shall immediately notify each member
2.31of that legislator's house of the legislature of the name of the person designated to serve
2.32as a temporary successor.
2.33(d) All constitutional and statutory provisions pertaining to the discipline and
2.34expulsion of a legislator shall be applicable to a temporary successor.
3.1(e) If a temporary successor is unable to serve for any reason, the appropriate
3.2presiding officer or minority leader shall designate a different person to serve from the list
3.3of qualified nominees submitted by the legislator.
3.4(f) For purposes of this section, "armed services" means the armed forces of the
3.5United States as defined by United States Code, title 10, section 101(a)(4), including
3.6reserve components of the armed forces, the Army National Guard, and the Air National
3.7Guard.
3.8 Sec. 4. [3.026] ASSUMPTION OF POWERS AND DUTIES OF LEGISLATOR
3.9BY TEMPORARY SUCCESSOR.
3.10A temporary successor shall exercise the powers and assume the duties of the
3.11legislator from the date the legislator reports to active duty until the legislator notifies the
3.12presiding officer or minority leader of the legislator's house of the legislature in writing of
3.13the date that the legislator can exercise the powers and duties of the legislator's office.
3.14However, no temporary successor shall serve in such capacity beyond the end of the term
3.15of office of the legislator for whom the successor is designated.
3.16 Sec. 5. [3.027] PRIVILEGES, IMMUNITIES, AND COMPENSATION OF
3.17TEMPORARY SUCCESSORS; COMPENSATION OF LEGISLATOR.
3.18(a) During the time period a temporary successor exercises the powers and assumes
3.19the duties of a legislator, the successor shall be accorded the privileges, immunities, and
3.20compensation to which a legislator is entitled.
3.21(b) During the time period a temporary successor is exercising the powers and duties
3.22of a legislator on active duty, the legislator on active duty shall not be entitled to the
3.23legislator's salary or other compensation. However, the allowances for the district office
3.24of the legislator and the provisions for the legislator's legislative assistant or assistants
3.25shall continue in a manner provided by law and the rules of procedure of the legislator's
3.26house of the legislature.
3.27 Sec. 6. EFFECTIVE DATE.
3.28Sections 3, 4, and 5 are effective on adoption of the amendment to the Minnesota
3.29Constitution proposed to the people in section 1.
