Dear
Friends
and
Neighbors,
December
has
been
a
busier
than
usual
at
the
Capitol.
Last
week,
Governor
Dayton
appointed
Lieutenant
Governor
Tina
Smith
to
fill
Senator
Franken's
vacated
seat
in
the
U.S.
Senate.
Senator
Franken
is
resigning
effective
January
2nd,
and
Lieutenant
Governor
Smith
will
be
sworn
in
as
Senator
on
January
3rd.
According
to
the
MN
Constitution
the
President
of
the
Senate
then
becomes
the
Lieutenant
Governor.
The
succession
cannot
be
declined
it
is
automatic.
Senator
Michelle
Fischbach
(R-Paynesville)
serves
as
the
President
of
the
Senate.
She
represents
Senate
District
13
in
central
Minnesota
including
the
communities
of
Sauk
Rapids,
Sartell,
St.
Joseph,
Paynesville,
Kimball,
Cold
Spring,
Rockville
and
surrounding
areas.
Sen.
Fischbach
has
stated
that
she
plans
to
continue
serving
in
the
Senate
after
being
appointed
Lieutenant
Governor.
There
are
differing
opinions
regarding
the
constitutionality
of
a
MN
Senator
serving
as
both
Senator
and
Lieutenant
Governor.
Senator
Fischbach
mentioned
a
1898
Supreme
Court
Case
as
her
rational
for
believing
she
can
hold
both
positions. Here
is
a
link
to
the
memo
with
her
rational.
The
Lieutenant
Governor
used
to
be
the
Senate
President.
When
the
Senate
went
into
recess,
the
senators
elected
a
Senate
Pro-Tempore for
succession
purposes
during
the
interim.
A constitutional
amendment approved
in
1972
removed
the
duties
of
the
Senate
President
from
Lieutenant
Governor.
That
amendment
became
the
modern
Article
4,
Section
5 of
the
MN
Constitution
that
prohibits
Minnesota
Senators
from
holding
two
positions.
Net
Neutrality
Last
week
the
FCC
repealed
Net
Neutrality.
Free
and
fair
internet
access
is
a
critical
component
of
the
internet,
and
I
do
not
support
the
repeal.
Hopefully
Minnesota
joins
the
many
other
states
suing
the
the
FCC
over
the Net
Neutrality repeal.
I
am
working
with
my
colleagues
to
see
what
legislative
action
we
can
take
in
Minnesota
when
we
return
to
Session
on
February
20th.
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