Minnesota Legislature
HF 3169
1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 05/14/2014 08:13am
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to state government; establishing a legislative salary council; modifying
1.3a proposed constitutional amendment to remove lawmakers' power to set their
1.4own pay;amending Laws 2013, chapter 124, sections 1; 2; proposing coding for
1.5new law in Minnesota Statutes, chapter 15A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [15A.0825] LEGISLATIVE SALARY COUNCIL.
1.8 Subdivision 1. Membership. (a) The Legislative Salary Council consists of the
1.9following members:
1.10(1) one person, who is not a judge, from each congressional district, appointed by
1.11the chief justice of the Supreme Court; and
1.12(2) one person from each congressional district, appointed by the governor.
1.13(b) If Minnesota has an odd number of congressional districts, the governor and the
1.14chief justice must each appoint an at-large member, in addition to a member from each
1.15congressional district.
1.16(c) One-half of the members appointed by the governor and one-half of the members
1.17appointed by the chief justice must belong to the political party that has the most members
1.18in the legislature. One-half of the members appointed by the governor and one-half of
1.19the members appointed by the chief justice must belong to the political party that has the
1.20second most members in the legislature.
1.21(d) None of the members of the council may be:
1.22(1) a current or former legislator, or the spouse of a current legislator;
1.23(2) a current or former lobbyist registered under Minnesota law;
1.24(3) a current employee of the legislature;
1.25 (4) a current or former judge; or
2.1 (5) a current or former governor, lieutenant governor, attorney general, secretary
2.2of state, or state auditor.
2.3 Subd. 2. Initial appointment; convening authority; first meeting. Appointing
2.4authorities must make their initial appointments by January 2, 2017. The governor shall
2.5designate one member to convene and chair the first meeting of the council. The first
2.6meeting must be before January 15, 2017. At its first meeting, the council must elect a
2.7chair from among its members. Members that reside in an even-numbered congressional
2.8district serve a first term ending January 15, 2019. Members residing in an odd-numbered
2.9congressional district serve a first term ending January 15, 2021.
2.10 Subd. 3. Terms. (a) Except for initial terms and for the first term following
2.11redistricting, a term is four years or until new appointments are made after congressional
2.12redistricting as provided in subdivision 4. Members may serve no more than two full
2.13terms or portions of two consecutive terms.
2.14(b) If a member ceases to reside in the congressional district that the member
2.15resided in at the time of appointment as a result of moving or redistricting, the appointing
2.16authority who appointed the member must appoint a replacement who resides in the
2.17congressional district to serve the unexpired term.
2.18 Subd. 4. Appointments following redistricting. Appointing authorities shall make
2.19appointments within three months after a congressional redistricting plan is adopted.
2.20Members that reside in an even-numbered district shall be appointed to a term of two
2.21years following redistricting. Members that reside in an odd-numbered district shall be
2.22appointed to a term of four years following redistricting.
2.23 Subd. 5. Removal; vacancies. Members may be removed only for cause, after
2.24notice and a hearing, for missing three consecutive meetings, or as a result of redistricting.
2.25The chair of the council or a designee shall inform the appointing authority of a member
2.26missing three consecutive meetings. After the second consecutively missed meeting and
2.27before the next meeting, the chair or a designee shall notify the member in writing that
2.28the member may be removed for missing the next meeting. In the case of a vacancy on
2.29the council, the appointing authority shall appoint a person to fill the vacancy for the
2.30remainder of the unexpired term.
2.31 Subd. 6. Compensation. Members shall be compensated under section 15.059,
2.32subdivision 3.
2.33 Subd. 7. Duties. By March 31 of each odd-numbered year, the council must
2.34prescribe salaries for legislators to take effect July 1 of that year. In setting salaries,
2.35the council must take into account any other legislative compensation provided to the
2.36legislators by the state and the most recent budget forecast. The council must submit
3.1a report by March 31 of each odd-numbered year with the prescribed salaries to the
3.2governor, the majority and minority leaders of the senate and the house of representatives,
3.3the chairs of the committees in the senate and the house of representatives with jurisdiction
3.4over the legislature's budget, and the chairs of the committees in the senate and house of
3.5representatives with jurisdiction over finance. The report must describe the council's
3.6rationale for selecting the prescribed salaries.
3.7 Subd. 8. Chair. The commission shall elect a chair from among its members.
3.8 Subd. 9. Staffing. The Legislative Coordinating Commission shall provide
3.9administrative and support services for the council.
3.10 Subd. 10. No ex parte communications. Members may not have any
3.11communication with a member of the legislature during the period after the first meeting
3.12is convened under subdivision 2 and the date the legislator salaries are submitted under
3.13subdivision 7.
3.14EFFECTIVE DATE.This section is effective upon adoption of the constitutional
3.15amendment proposed under Laws 2013, chapter 124.
3.16 Sec. 2. Laws 2013, chapter 124, section 1, is amended to read:
3.17 Section 1. CONSTITUTIONAL AMENDMENT PROPOSED.
3.18An amendment to the Minnesota Constitution is proposed to the people. If the
3.19amendment is adopted, article IV, section 9, will read:
3.20Sec. 9. The salary of senators and representatives shall be prescribed by a council
3.21consisting of the following members: one person who is not a judge from each
3.22congressional district appointed by the chief justice of the Supreme Court, and one
3.23member from each congressional district appointed by the governor. If Minnesota has
3.24an odd number of congressional districts, the governor and the chief justice must each
3.25appoint an at-large member in addition to a member from each congressional district.
3.26One-half of the members appointed by the governor and one-half of the members
3.27appointed by the chief justice must belong to the political party that has the most members
3.28in the legislature. One-half of the members appointed by the governor and one-half of
3.29the members appointed by the chief justice must belong to the political party that has the
3.30second-most members in the legislature. None of the members of the council may be
3.31current or former legislators, or the spouse of a current legislator. None of the members
3.32of the council may be current or former lobbyists registered under Minnesota law. None
3.33of the members of the council may be a current employee of the legislature. None of
3.34the members of the council may be a current or former judge. None of the members of
4.1the council may be a current or former governor, lieutenant governor, attorney general,
4.2secretary of state, or state auditor. None of the members of the council may be a current
4.3employee of an entity in the executive or judicial branch. Membership terms, removal,
4.4and compensation of members shall be as provided by law. The council must prescribe
4.5salaries by March 31 of each odd-numbered year, taking into account any other legislative
4.6compensation provided to legislators by the state of Minnesota, with any changes in salary
4.7to take effect on July 1 of that year. Any salary increase for legislators authorized in law
4.8by the legislature after January 5, 2015, is repealed.
4.9 Sec. 3. Laws 2013, chapter 124, section 2, is amended to read:
4.10 Sec. 2. SCHEDULE AND QUESTION.
4.11(a) The proposed amendment must be submitted to the people at the 2016 general
4.12election. The question submitted must be:
4.13"Shall the Minnesota Constitution be amended to removelegislators' ability
4.14 state lawmakers' power to set their own salaries, and instead establish an independent,
4.15citizens-only council to prescribe salariesfor legislators of lawmakers?
4.18(b) The title required under Minnesota Statutes, section 204D.15, subdivision 1, for
4.19the question submitted to the people under paragraph (a) shall be: "Remove Lawmakers'
4.20Power to Set Their Own Pay."
1.3a proposed constitutional amendment to remove lawmakers' power to set their
1.4own pay;amending Laws 2013, chapter 124, sections 1; 2; proposing coding for
1.5new law in Minnesota Statutes, chapter 15A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [15A.0825] LEGISLATIVE SALARY COUNCIL.
1.8 Subdivision 1. Membership. (a) The Legislative Salary Council consists of the
1.9following members:
1.10(1) one person, who is not a judge, from each congressional district, appointed by
1.11the chief justice of the Supreme Court; and
1.12(2) one person from each congressional district, appointed by the governor.
1.13(b) If Minnesota has an odd number of congressional districts, the governor and the
1.14chief justice must each appoint an at-large member, in addition to a member from each
1.15congressional district.
1.16(c) One-half of the members appointed by the governor and one-half of the members
1.17appointed by the chief justice must belong to the political party that has the most members
1.18in the legislature. One-half of the members appointed by the governor and one-half of
1.19the members appointed by the chief justice must belong to the political party that has the
1.20second most members in the legislature.
1.21(d) None of the members of the council may be:
1.22(1) a current or former legislator, or the spouse of a current legislator;
1.23(2) a current or former lobbyist registered under Minnesota law;
1.24(3) a current employee of the legislature;
1.25 (4) a current or former judge; or
2.1 (5) a current or former governor, lieutenant governor, attorney general, secretary
2.2of state, or state auditor.
2.3 Subd. 2. Initial appointment; convening authority; first meeting. Appointing
2.4authorities must make their initial appointments by January 2, 2017. The governor shall
2.5designate one member to convene and chair the first meeting of the council. The first
2.6meeting must be before January 15, 2017. At its first meeting, the council must elect a
2.7chair from among its members. Members that reside in an even-numbered congressional
2.8district serve a first term ending January 15, 2019. Members residing in an odd-numbered
2.9congressional district serve a first term ending January 15, 2021.
2.10 Subd. 3. Terms. (a) Except for initial terms and for the first term following
2.11redistricting, a term is four years or until new appointments are made after congressional
2.12redistricting as provided in subdivision 4. Members may serve no more than two full
2.13terms or portions of two consecutive terms.
2.14(b) If a member ceases to reside in the congressional district that the member
2.15resided in at the time of appointment as a result of moving or redistricting, the appointing
2.16authority who appointed the member must appoint a replacement who resides in the
2.17congressional district to serve the unexpired term.
2.18 Subd. 4. Appointments following redistricting. Appointing authorities shall make
2.19appointments within three months after a congressional redistricting plan is adopted.
2.20Members that reside in an even-numbered district shall be appointed to a term of two
2.21years following redistricting. Members that reside in an odd-numbered district shall be
2.22appointed to a term of four years following redistricting.
2.23 Subd. 5. Removal; vacancies. Members may be removed only for cause, after
2.24notice and a hearing, for missing three consecutive meetings, or as a result of redistricting.
2.25The chair of the council or a designee shall inform the appointing authority of a member
2.26missing three consecutive meetings. After the second consecutively missed meeting and
2.27before the next meeting, the chair or a designee shall notify the member in writing that
2.28the member may be removed for missing the next meeting. In the case of a vacancy on
2.29the council, the appointing authority shall appoint a person to fill the vacancy for the
2.30remainder of the unexpired term.
2.31 Subd. 6. Compensation. Members shall be compensated under section 15.059,
2.32subdivision 3.
2.33 Subd. 7. Duties. By March 31 of each odd-numbered year, the council must
2.34prescribe salaries for legislators to take effect July 1 of that year. In setting salaries,
2.35the council must take into account any other legislative compensation provided to the
2.36legislators by the state and the most recent budget forecast. The council must submit
3.1a report by March 31 of each odd-numbered year with the prescribed salaries to the
3.2governor, the majority and minority leaders of the senate and the house of representatives,
3.3the chairs of the committees in the senate and the house of representatives with jurisdiction
3.4over the legislature's budget, and the chairs of the committees in the senate and house of
3.5representatives with jurisdiction over finance. The report must describe the council's
3.6rationale for selecting the prescribed salaries.
3.7 Subd. 8. Chair. The commission shall elect a chair from among its members.
3.8 Subd. 9. Staffing. The Legislative Coordinating Commission shall provide
3.9administrative and support services for the council.
3.10 Subd. 10. No ex parte communications. Members may not have any
3.11communication with a member of the legislature during the period after the first meeting
3.12is convened under subdivision 2 and the date the legislator salaries are submitted under
3.13subdivision 7.
3.14EFFECTIVE DATE.This section is effective upon adoption of the constitutional
3.15amendment proposed under Laws 2013, chapter 124.
3.16 Sec. 2. Laws 2013, chapter 124, section 1, is amended to read:
3.17 Section 1. CONSTITUTIONAL AMENDMENT PROPOSED.
3.18An amendment to the Minnesota Constitution is proposed to the people. If the
3.19amendment is adopted, article IV, section 9, will read:
3.20Sec. 9. The salary of senators and representatives shall be prescribed by a council
3.21consisting of the following members: one person who is not a judge from each
3.22congressional district appointed by the chief justice of the Supreme Court, and one
3.23member from each congressional district appointed by the governor. If Minnesota has
3.24an odd number of congressional districts, the governor and the chief justice must each
3.25appoint an at-large member in addition to a member from each congressional district.
3.26One-half of the members appointed by the governor and one-half of the members
3.27appointed by the chief justice must belong to the political party that has the most members
3.28in the legislature. One-half of the members appointed by the governor and one-half of
3.29the members appointed by the chief justice must belong to the political party that has the
3.30second-most members in the legislature. None of the members of the council may be
3.31current or former legislators, or the spouse of a current legislator. None of the members
3.32of the council may be current or former lobbyists registered under Minnesota law. None
3.33of the members of the council may be a current employee of the legislature. None of
3.34the members of the council may be a current or former judge. None of the members of
4.1the council may be a current or former governor, lieutenant governor, attorney general,
4.2secretary of state, or state auditor. None of the members of the council may be a current
4.3employee of an entity in the executive or judicial branch. Membership terms, removal,
4.4and compensation of members shall be as provided by law. The council must prescribe
4.5salaries by March 31 of each odd-numbered year, taking into account any other legislative
4.6compensation provided to legislators by the state of Minnesota, with any changes in salary
4.7to take effect on July 1 of that year. Any salary increase for legislators authorized in law
4.8by the legislature after January 5, 2015, is repealed.
4.9 Sec. 3. Laws 2013, chapter 124, section 2, is amended to read:
4.10 Sec. 2. SCHEDULE AND QUESTION.
4.11(a) The proposed amendment must be submitted to the people at the 2016 general
4.12election. The question submitted must be:
4.13"Shall the Minnesota Constitution be amended to remove
4.14 state lawmakers' power to set their own salaries, and instead establish an independent,
4.15citizens-only council to prescribe salaries
| 4.16 |
Yes ..... |
||
| 4.17 |
No
.....
" |
4.19the question submitted to the people under paragraph (a) shall be: "Remove Lawmakers'
4.20Power to Set Their Own Pay."