Minnesota Legislature
HF 3707
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/13/2024 03:51pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/13/2024 |
Current Version - as introduced
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24
3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21
5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32
A bill for an act
relating to state government; adding a position under agency head salaries; making
changes to the Compensation Council provisions; amending Minnesota Statutes
2022, section 15A.082, as amended; Minnesota Statutes 2023 Supplement, section
15A.0815, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2023 Supplement, section 15A.0815, subdivision 2, is
amended to read:
Subd. 2.
Agency head salaries.
The salary for a position listed in this subdivision shall
be determined by the Compensation Council under section 15A.082. The commissioner of
management and budget must publish the salaries on the department's website. This
subdivision applies to the following positions:
Commissioner of administration;
Commissioner of agriculture;
Commissioner of education;
new text begin
Director of Office of Cannabis Management;
new text end
Commissioner of children, youth, and families;
Commissioner of commerce;
Commissioner of corrections;
Commissioner of health;
Commissioner, Minnesota Office of Higher Education;
Commissioner, Minnesota IT Services;
Commissioner, Housing Finance Agency;
Commissioner of human rights;
Commissioner of human services;
Commissioner of labor and industry;
Commissioner of management and budget;
Commissioner of natural resources;
Commissioner, Pollution Control Agency;
Commissioner of public safety;
Commissioner of revenue;
Commissioner of employment and economic development;
Commissioner of transportation;
Commissioner of veterans affairs;
Executive director of the Gambling Control Board;
Executive director of the Minnesota State Lottery;
Commissioner of Iron Range resources and rehabilitation;
Commissioner, Bureau of Mediation Services;
Ombudsman for mental health and developmental disabilities;
Ombudsperson for corrections;
Chair, Metropolitan Council;
Chair, Metropolitan Airports Commission;
School trust lands director;
Executive director of pari-mutuel racing; and
deleted text begin Commissionerdeleted text end new text begin Commissionersnew text end , Public Utilities Commission.
Sec. 2.
Minnesota Statutes 2022, section 15A.082, as amended by Laws 2023, chapter 62,
article 2, sections 39 to 43, is amended to read:
15A.082 COMPENSATION COUNCIL.
Subdivision 1.
Creation.
A Compensation Council is created each odd-numbered year
to establish the compensation of constitutional officers and the heads of state and metropolitan
agencies identified in section 15A.0815, and to deleted text begin assistdeleted text end new text begin make recommendations tonew text end the
legislature in establishing the compensation of justices of the supreme court and judges of
the court of appeals and district court.
Subd. 2.
Membership.
(a) The Compensation Council consists of the following members:
eight nonjudges appointed by the chief justice of the supreme court, of whom no more than
four may belong to the same political party; and one member from each congressional
district appointed by the governor, of whom no more than four may belong to the same
political party. The speaker and minority leader of the house of representatives must each
appoint deleted text begin two membersdeleted text end new text begin one membernew text end . The majority leader and minority leader of the senate
must each appoint deleted text begin two membersdeleted text end new text begin one membernew text end . Appointments must be made after the first
Monday in January and before January 15. The compensation and removal of members
shall be as provided in section 15.059, subdivisions 3 and 4. Members continue to serve
until new members are appointed. deleted text begin Members appointed by the governor may not vote on the
salary of the governor.deleted text end new text begin In the case of a vacancy on the council, the appointing authority
must appoint a person to fill the vacancy for the remainder of the unexpired term.new text end The
Legislative Coordinating Commission shall provide the council with administrative and
support services. The commissioner of management and budget must provide analytical
and policy support to the council related to the compensation of agency heads. deleted text begin The provision
of analytical and policy support under this subdivision shall not be considered ex parte
communication under subdivision 7.
deleted text end
(b) Members appointed under paragraph (a) may not be a:
(1) current deleted text begin or formerdeleted text end judgenew text begin , or current listed senior judgenew text end ;
(2) current lobbyist registered under Minnesota law;
(3) current employee in the judicial, legislative, or executive branch of state government;
(4) current deleted text begin or formerdeleted text end governor, lieutenant governor, attorney general, secretary of state,
or state auditor; or
(5) current deleted text begin or formerdeleted text end legislator, or the spouse of a current legislator.
Subd. 3.
deleted text begin Submission of recommendations anddeleted text end Determinationnew text begin of constitutional officer
and agency head salariesnew text end .
(a) By April 1 in each odd-numbered year, the Compensation
Council shall deleted text begin submit to the speaker of the house and the president of the senate salary
recommendations for justices of the supreme court, and judges of the court of appeals and
district court. The recommended salaries take effect on July 1 of that year and July 1 of the
subsequent even-numbered year and at whatever interval the council recommends thereafter,
unless the legislature by law provides otherwise. The salary recommendations take effect
if an appropriation of money to pay the recommended salaries is enacted after the
recommendations are submitted and before their effective date. Recommendations may be
expressly modified or rejected.deleted text end new text begin prescribe salaries for constitutional officers and for the
agency and metropolitan agency heads identified in section 15A.0815. The prescribed salary
for each office shall take effect July 1 of that year and July 1 of the subsequent
even-numbered year, unless the legislature by law provides otherwise. Salary determinations
may be in the form of an across-the-board increase. An appropriation by the legislature to
fund the relevant office, branch, or agency of an amount sufficient to pay the salaries
prescribed by the council constitutes a prescription by law as provided in the Minnesota
Constitution, article V, sections 4 and 5.
new text end
(b) By deleted text begin April 1 in each odd-numbered year, the Compensation Council must prescribe
salaries for constitutional officers, and for the agency and metropolitan agency heads
identified in section 15A.0815. The prescribed salary for each office must take effect July
1 of that year and July 1 of the subsequent even-numbered year and at whatever interval
the council determines thereafter, unless the legislature by law provides otherwise. An
appropriation by the legislature to fund the relevant office, branch, or agency of an amount
sufficient to pay the salaries prescribed by the council constitutes a prescription by law as
provided in the Minnesota Constitution, article V, sections 4 and 5.deleted text end new text begin November 1 of each
even-numbered year, the Compensation Council may prescribe additional salary changes
for constitutional officers and for the agency and metropolitan agency heads identified in
section 15A.0815. As applicable, the changes take effect on July 1 of the next odd-numbered
year and July 1 of the subsequent even-numbered year, unless the legislature by law provides
otherwise.
new text end
new text begin
(c) Notwithstanding the effective dates specified in paragraphs (a) and (b), determinations
under this subdivision for the salary of the governor must not take effect until July 1 of the
year the current term of the governor ends.
new text end
new text begin Subd. 3a. new text end
new text begin Recommendation of judicial salaries. new text end
new text begin
By November 1 of each even-numbered
year, the Compensation Council shall submit to the speaker of the house and the president
of the senate salary recommendations for justices of the supreme court and judges of the
court of appeals and district court. The recommended salaries take effect on July 1 of the
next year and July 1 of the subsequent odd-numbered year, unless the legislature by law
provides otherwise. The salary recommendations take effect if an appropriation of money
to pay the recommended salaries is enacted after the recommendations are submitted and
before their effective date. Recommendations may be expressly modified or rejected.
new text end
Subd. 4.
Criteria.
In making compensation recommendations and determinations, the
council shall consider the amount of compensation paid in government service and the
private sector to persons with similar qualifications, the amount of compensation needed
to attract and retain experienced and competent persons, deleted text begin anddeleted text end the ability of the state to pay
the recommended compensationnew text begin , and the cost of labor inflation indices published by the
United States Bureau of Labor Statisticsnew text end .
Subd. 4a.
deleted text begin Constitutional officersdeleted text end new text begin Compensation for unused vacation or sick leave
accrualnew text end .
No constitutional officer whose compensation is set under this section may receive
monetary compensation for unused vacation or sick leave accruals.
Subd. 6.
Expiration.
Each Compensation Council shall expire upon submission of the
recommendations required by subdivision deleted text begin 3deleted text end new text begin 3anew text end .
deleted text begin Subd. 7. deleted text end
deleted text begin No ex parte communications. deleted text end
deleted text begin
Members may not have any communication
with a constitutional officer, a head of a state agency, or member of the judiciary during
the period after the first meeting is convened under this section and the date the prescribed
and recommended salaries are submitted under subdivision 3.
deleted text end
Sec. 3. new text begin COMPENSATION COUNCIL SALARY RECOMMENDATIONS.
new text end
new text begin
In addition to the recommendations required under section 2, the Compensation Council,
by April 1, 2025, may submit to the speaker of the house and the president of the senate
salary recommendations for justices of the supreme court and judges of the court of appeals
and district court. Salary recommendations may be in the form of an across-the-board
increase. In determining salary recommendations, the council should consider the cost of
labor inflation indices published by the United States Bureau of Labor Statistics. The
recommended salaries take effect on July 1, 2025, and July 1, 2026, unless the legislature
by law provides otherwise. The salary recommendations take effect if an appropriation of
money to pay the recommended salaries is enacted after the recommendations are submitted
and before their effective date. Recommendations may be expressly modified or rejected.
new text end