Bill Text: MN SF140 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Constitutional amendment for temporary successors to members of the legislature called into active military service
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-27 - Referred to State Government Innovation and Veterans [SF140 Detail]
Download: Minnesota-2011-SF140-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
1.16by law for the prompt and temporary succession to the powers and duties of a member of
1.17the legislature if the incumbent member is unavailable to perform legislative functions or
1.18duties due to being ordered to active duty in the armed services of the United States.
1.19 Sec. 2. SUBMISSION TO VOTERS.
1.20The proposed amendment shall be submitted to the people at the 2012 general
1.21election. The question submitted shall be:
2.1"Shall the Minnesota Constitution be amended to authorize the legislature to enact
2.2laws providing for prompt and temporary succession to the powers and duties of a
2.3legislator who is ordered to active duty in the armed forces of the United States?
2.6 Sec. 3. [3.025] TEMPORARY SUCCESSOR; SELECTIONS; DEFINITIONS.
2.7(a) In accordance with article IV, section 4, of the Minnesota Constitution, for each
2.8legislator who is ordered to active duty in the armed services of the United States, a
2.9designee shall be selected to act as a temporary successor to the legislator's powers and
2.10duties during the period the legislator is on active duty.
2.11(b) Each person designated to serve as a temporary successor for a legislator must
2.12have the qualifications and eligibility to serve as a member of the legislature from the
2.13district of the legislator for whom the person has been designated.
2.14(c)(1) Each legislator who may be ordered to active duty in the armed services of the
2.15United States shall submit in writing to the presiding officer of the house of the legislature
2.16of which the person is a member the names and contact information of at least three
2.17qualified nominees to be the legislator's temporary successor.
2.18(2) A legislator who is notified that the legislator is being ordered to active duty in
2.19the armed services shall immediately notify the presiding officer of the legislator's house
2.20of the legislature of the time period the legislator anticipates being unavailable to perform
2.21the powers and duties of the legislator's office.
2.22(3) Upon notification that a legislator has been ordered to active duty, the appropriate
2.23presiding officer shall immediately designate a temporary successor from the list of
2.24qualified nominees submitted by the legislator. The presiding officer shall immediately
2.25notify each member of that legislator's house of the legislature of the name of the person
2.26designated to serve as a temporary successor.
2.27(d) A temporary successor shall serve at the pleasure of the house of the legislature
2.28of which the person is a temporary member, and all constitutional and statutory provisions
2.29pertaining to the discipline and expulsion of a legislator shall be applicable to a temporary
2.30successor.
2.31(e) If a temporary successor is unable to serve for any reason, the appropriate
2.32presiding officer shall designate a different person to serve from the list of qualified
2.33nominees submitted by the legislator.
2.34(f) For purposes of this section, "armed services" means the armed forces of the
2.35United States as defined by United States Code, title 10, section 101(a)(4), including
3.1reserved components of the armed forces, the Army National Guard, and the Air National
3.2Guard.
3.3 Sec. 4. [3.026] ASSUMPTION OF POWERS AND DUTIES OF LEGISLATOR
3.4BY TEMPORARY SUCCESSOR.
3.5A temporary successor shall exercise the powers and assume the duties of the
3.6legislator from the date the legislator reports to active duty until the legislator notifies the
3.7presiding officer of the legislator's house of the legislature that the legislator can exercise
3.8the powers and duties of the legislator's office. However, no temporary successor shall
3.9serve in such capacity beyond the end of the term of office of the legislator for whom the
3.10successor is designated.
3.11 Sec. 5. [3.027] PRIVILEGES, IMMUNITIES, AND COMPENSATION OF
3.12TEMPORARY SUCCESSORS; COMPENSATION OF LEGISLATOR.
3.13(a) During the time period a temporary successor exercises the powers and assumes
3.14the duties of a legislator, the successor shall be accorded the privileges, immunities, and
3.15compensation to which a legislator is entitled.
3.16(b) During the time period a temporary successor is exercising the powers and duties
3.17of a legislator on active duty, the legislator on active duty shall not be entitled to the
3.18legislator's salary or other compensation. However, the allowances for the district office
3.19of the legislator and the provisions for the legislator's legislative assistant or assistants
3.20shall continue in a manner provided by law and the rules of procedure of the legislator's
3.21house of the legislature.
3.22 Sec. 6. EFFECTIVE DATE.
3.23Sections 3, 4, and 5 are effective on adoption of the amendment to the Minnesota
3.24Constitution 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
1.16by law for the prompt and temporary succession to the powers and duties of a member of
1.17the legislature if the incumbent member is unavailable to perform legislative functions or
1.18duties due to being ordered to active duty in the armed services of the United States.
1.19 Sec. 2. SUBMISSION TO VOTERS.
1.20The proposed amendment shall be submitted to the people at the 2012 general
1.21election. The question submitted shall be:
2.1"Shall the Minnesota Constitution be amended to authorize the legislature to enact
2.2laws providing for prompt and temporary succession to the powers and duties of a
2.3legislator who is ordered to active duty in the armed forces of the United States?
| 2.4 |
Yes ..... |
||
| 2.5 |
No
.....
" |
2.6 Sec. 3. [3.025] TEMPORARY SUCCESSOR; SELECTIONS; DEFINITIONS.
2.7(a) In accordance with article IV, section 4, of the Minnesota Constitution, for each
2.8legislator who is ordered to active duty in the armed services of the United States, a
2.9designee shall be selected to act as a temporary successor to the legislator's powers and
2.10duties during the period the legislator is on active duty.
2.11(b) Each person designated to serve as a temporary successor for a legislator must
2.12have the qualifications and eligibility to serve as a member of the legislature from the
2.13district of the legislator for whom the person has been designated.
2.14(c)(1) Each legislator who may be ordered to active duty in the armed services of the
2.15United States shall submit in writing to the presiding officer of the house of the legislature
2.16of which the person is a member the names and contact information of at least three
2.17qualified nominees to be the legislator's temporary successor.
2.18(2) A legislator who is notified that the legislator is being ordered to active duty in
2.19the armed services shall immediately notify the presiding officer of the legislator's house
2.20of the legislature of the time period the legislator anticipates being unavailable to perform
2.21the powers and duties of the legislator's office.
2.22(3) Upon notification that a legislator has been ordered to active duty, the appropriate
2.23presiding officer shall immediately designate a temporary successor from the list of
2.24qualified nominees submitted by the legislator. The presiding officer shall immediately
2.25notify each member of that legislator's house of the legislature of the name of the person
2.26designated to serve as a temporary successor.
2.27(d) A temporary successor shall serve at the pleasure of the house of the legislature
2.28of which the person is a temporary member, and all constitutional and statutory provisions
2.29pertaining to the discipline and expulsion of a legislator shall be applicable to a temporary
2.30successor.
2.31(e) If a temporary successor is unable to serve for any reason, the appropriate
2.32presiding officer shall designate a different person to serve from the list of qualified
2.33nominees submitted by the legislator.
2.34(f) For purposes of this section, "armed services" means the armed forces of the
2.35United States as defined by United States Code, title 10, section 101(a)(4), including
3.1reserved components of the armed forces, the Army National Guard, and the Air National
3.2Guard.
3.3 Sec. 4. [3.026] ASSUMPTION OF POWERS AND DUTIES OF LEGISLATOR
3.4BY TEMPORARY SUCCESSOR.
3.5A temporary successor shall exercise the powers and assume the duties of the
3.6legislator from the date the legislator reports to active duty until the legislator notifies the
3.7presiding officer of the legislator's house of the legislature that the legislator can exercise
3.8the powers and duties of the legislator's office. However, no temporary successor shall
3.9serve in such capacity beyond the end of the term of office of the legislator for whom the
3.10successor is designated.
3.11 Sec. 5. [3.027] PRIVILEGES, IMMUNITIES, AND COMPENSATION OF
3.12TEMPORARY SUCCESSORS; COMPENSATION OF LEGISLATOR.
3.13(a) During the time period a temporary successor exercises the powers and assumes
3.14the duties of a legislator, the successor shall be accorded the privileges, immunities, and
3.15compensation to which a legislator is entitled.
3.16(b) During the time period a temporary successor is exercising the powers and duties
3.17of a legislator on active duty, the legislator on active duty shall not be entitled to the
3.18legislator's salary or other compensation. However, the allowances for the district office
3.19of the legislator and the provisions for the legislator's legislative assistant or assistants
3.20shall continue in a manner provided by law and the rules of procedure of the legislator's
3.21house of the legislature.
3.22 Sec. 6. EFFECTIVE DATE.
3.23Sections 3, 4, and 5 are effective on adoption of the amendment to the Minnesota
3.24Constitution proposed to the people in section 1.
