HF 3169

1st Unofficial Engrossment - 88th Legislature (2013 - 2014)

Posted on 05/14/2014 08:13 a.m.

1.1A bill for an act 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. new text begin [15A.0825] LEGISLATIVE SALARY COUNCIL. new text end 1.8     new text begin Subdivision 1. new text end new text begin Membership. new text end new text begin (a) The Legislative Salary Council consists of the new text end 1.9 new text begin following members: new text end 1.10 new text begin (1) new text end new text begin one person, who is not a judge, from each congressional district, appointed by new text end 1.11 new text begin the chief justice of the Supreme Court; and new text end 1.12 new text begin (2) one person from each congressional district, appointed by the governor. new text end 1.13 new text begin (b) If Minnesota has an odd number of congressional districts, the governor and the new text end 1.14 new text begin chief justice must each appoint an at-large member, in addition to a member from each new text end 1.15 new text begin congressional district. new text end 1.16 new text begin (c) One-half of the members appointed by the governor and one-half of the members new text end 1.17 new text begin appointed by the chief justice must belong to the political party that has the most members new text end 1.18 new text begin in the legislature. One-half of the members appointed by the governor and one-half of new text end 1.19 new text begin the members appointed by the chief justice must belong to the political party that has the new text end 1.20 new text begin second most members in the legislature. new text end 1.21 new text begin (d) None of the members of the council may be: new text end 1.22 new text begin (1) a current or former legislator, or the spouse of a current legislator; new text end 1.23 new text begin (2) a current or former lobbyist registered under Minnesota law; new text end 1.24 new text begin (3) a current employee of the legislature; new text end 1.25     new text begin (4) a current or former judge; or new text end 2.1     new text begin (5) a current or former governor, lieutenant governor, attorney general, secretary new text end 2.2 new text begin of state, or state auditor. new text end 2.3     new text begin Subd. 2. new text end new text begin Initial appointment; convening authority; first meeting. new text end new text begin Appointing new text end 2.4 new text begin authorities must make their initial appointments by January 2, 2017. The governor shall new text end 2.5 new text begin designate one member to convene and chair the first meeting of the council. The first new text end 2.6 new text begin meeting must be before January 15, 2017. At its first meeting, the council must elect a new text end 2.7 new text begin chair from among its members. Members that reside in an even-numbered congressional new text end 2.8 new text begin district serve a first term ending January 15, 2019. Members residing in an odd-numbered new text end 2.9 new text begin congressional district serve a first term ending January 15, 2021. new text end 2.10     new text begin Subd. 3. new text end new text begin Terms. new text end new text begin (a) Except for initial terms and for the first term following new text end 2.11 new text begin redistricting, a term is four years or until new appointments are made after congressional new text end 2.12 new text begin redistricting as provided in subdivision 4. Members may serve no more than two full new text end 2.13 new text begin terms or portions of two consecutive terms. new text end 2.14 new text begin (b) If a member ceases to reside in the congressional district that the member new text end 2.15 new text begin resided in at the time of appointment as a result of moving or redistricting, the appointing new text end 2.16 new text begin authority who appointed the member must appoint a replacement who resides in the new text end 2.17 new text begin congressional district to serve the unexpired term. new text end 2.18     new text begin Subd. 4. new text end new text begin Appointments following redistricting. new text end new text begin Appointing authorities shall make new text end 2.19 new text begin appointments within three months after a congressional redistricting plan is adopted. new text end 2.20 new text begin Members that reside in an even-numbered district shall be appointed to a term of two new text end 2.21 new text begin years following redistricting. Members that reside in an odd-numbered district shall be new text end 2.22 new text begin appointed to a term of four years following redistricting. new text end 2.23     new text begin Subd. 5. new text end new text begin Removal; vacancies. new text end new text begin Members may be removed only for cause, after new text end 2.24 new text begin notice and a hearing, for missing three consecutive meetings, or as a result of redistricting. new text end 2.25 new text begin The chair of the council or a designee shall inform the appointing authority of a member new text end 2.26 new text begin missing three consecutive meetings. After the second consecutively missed meeting and new text end 2.27 new text begin before the next meeting, the chair or a designee shall notify the member in writing that new text end 2.28 new text begin the member may be removed for missing the next meeting. In the case of a vacancy on new text end 2.29 new text begin the council, the appointing authority shall appoint a person to fill the vacancy for the new text end 2.30 new text begin remainder of the unexpired term. new text end 2.31     new text begin Subd. 6. new text end new text begin Compensation. new text end new text begin Members shall be compensated under section 15.059, new text end 2.32 new text begin subdivision 3. new text end 2.33     new text begin Subd. 7. new text end new text begin Duties. new text end new text begin By March 31 of each odd-numbered year, the council must new text end 2.34 new text begin prescribe salaries for legislators to take effect July 1 of that year. In setting salaries, new text end 2.35 new text begin the council must take into account any other legislative compensation provided to the new text end 2.36 new text begin legislators by the state and the most recent budget forecast. The council must submit new text end 3.1 new text begin a report by March 31 of each odd-numbered year with the prescribed salaries to the new text end 3.2 new text begin governor, the majority and minority leaders of the senate and the house of representatives, new text end 3.3 new text begin the chairs of the committees in the senate and the house of representatives with jurisdiction new text end 3.4 new text begin over the legislature's budget, and the chairs of the committees in the senate and house of new text end 3.5 new text begin representatives with jurisdiction over finance. The report must describe the council's new text end 3.6 new text begin rationale for selecting the prescribed salaries. new text end 3.7     new text begin Subd. 8. new text end new text begin Chair. new text end new text begin The commission shall elect a chair from among its members. new text end 3.8     new text begin Subd. 9. new text end new text begin Staffing. new text end new text begin The Legislative Coordinating Commission shall provide new text end 3.9 new text begin administrative and support services for the council. new text end 3.10     new text begin Subd. 10. new text end new text begin No ex parte communications. new text end new text begin Members may not have any new text end 3.11 new text begin communication with a member of the legislature during the period after the first meeting new text end 3.12 new text begin is convened under subdivision 2 and the date the legislator salaries are submitted under new text end 3.13 new text begin subdivision 7. new text end 3.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective upon adoption of the constitutional new text end 3.15 new text begin amendment proposed under Laws 2013, chapter 124. new text end 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 new text begin , or the spouse of a current legislator new text end . None of the members 3.32of the council may be current or former lobbyists registered under Minnesota law new text begin . None new text end 3.33 new text begin of the members of the council may be a current employee of the legislature new text end . new text begin None of new text end 3.34 new text begin the members of the council may be a current or former judge. None of the members of new text end 4.1 new text begin the council may be a current or former governor, lieutenant governor, attorney general, new text end 4.2 new text begin secretary of state, or state auditor. None of the members of the council may be a current new text end 4.3 new text begin employee of an entity in the executive or judicial branch. new text end 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. new text begin Any salary increase for legislators authorized in law new text end 4.8 new text begin by the legislature after January 5, 2015, is repealed. new text end 4.9    Sec. 3. Laws 2013, chapter 124, section 2, is amended to read: 4.10    Sec. 2. SCHEDULE AND QUESTION. 4.11 new text begin (a) new text end 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 legislators' ability 4.14 new text begin state lawmakers' power new text end to set their own salaries, and instead establish an independent, 4.15citizens-only council to prescribe salaries for legislators new text begin of lawmakers new text end ? 4.16 Yes ..... 4.17 No ..... " 4.18 new text begin (b) The title required under Minnesota Statutes, section 204D.15, subdivision 1, for new text end 4.19 new text begin the question submitted to the people under paragraph (a) shall be: "Remove Lawmakers' new text end 4.20 new text begin Power to Set Their Own Pay." new text end