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HF 29

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/06/2005

Current Version - as introduced

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A bill for an act
relating to local government; repealing the
compensation limit for local government employees;
amending Minnesota Statutes 2004, sections 356.611,
subdivision 1; 465.719, subdivision 9; repealing
Minnesota Statutes 2004, section 43A.17, subdivision 9.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 356.611,
subdivision 1, is amended to read:


Subdivision 1.

State salary limitations.

(a)
Notwithstanding any provision of law, bylaws, articles of
incorporation, retirement and disability allowance plan
agreements, or retirement plan contracts to the contrary, the
covered salary for pension purposes for a plan participant of a
covered retirement fund enumerated in section 356.30,
subdivision 3, may not exceed 95 percent of the salary
established for the governor under section 15A.082 at the time
the person received the salary.

(b) This section does not apply to a salary paid:

(1) to the governor or to a judge;

(2) deleted text begin to an employee of a political subdivision in a position
that is excluded from the limit as specified under section
43A.17, subdivision 9;
deleted text end

deleted text begin (3) deleted text end to a state employee as defined under section 43A.02,
subdivision 21;

deleted text begin (4) deleted text end new text begin (3) new text end to an employee of Gillette Hospital who is covered
by the general state employees retirement plan of the Minnesota
State Retirement System;

deleted text begin (5) deleted text end new text begin (4) new text end to an employee of the Minnesota Crop Improvement
Council; or

deleted text begin (6) deleted text end new text begin (5) new text end to an employee of the Minnesota Historical Society.

(c) The limited covered salary determined under this
section must be used in determining employee and employer
contributions and in determining retirement annuities and other
benefits under the respective covered retirement fund and under
this chapter.

Sec. 2.

Minnesota Statutes 2004, section 465.719,
subdivision 9, is amended to read:


Subd. 9.

Application of other laws.

A corporation
created by a political subdivision under this section must
comply with every law that applies to the political subdivision,
as if the corporation is a part of the political subdivision,
unless the resolution ratifying creation of the corporation
specifically exempts the corporation from part or all of a law.
If the resolution exempts the corporation from part or all of a
law, the resolution must make a detailed and specific finding as
to why the corporation cannot fulfill its purpose if the
corporation is subject to that law. A corporation may not be
exempted from chapter 13D, the Minnesota Open Meeting Law,
sections 138.163 to 138.25, governing records management, or
chapter 13, the Minnesota Government Data Practices Act. Any
affected or interested person may bring an action in district
court to void the resolution on the grounds that the findings
are not sufficiently detailed and specific, or that the
corporation can fulfill its purpose if it is subject to the law
from which the resolution exempts the corporation. Laws that
apply to a political subdivision that also apply to a
corporation created by a political subdivision under this
subdivision include, but are not limited to:

(1) chapter 13D, the Minnesota Open Meeting Law;

(2) chapter 13, the Minnesota Government Data Practices
Act;

(3) section 471.345, the Uniform Municipal Contracting Law;

(4) sections deleted text begin 43A.17, limiting the compensation of employees
based on the governor's salary;
deleted text end 471.991 to 471.999, providing
for equitable pay; and 465.72 and 465.722, governing severance
pay;

(5) section 275.065, providing for truth-in-taxation
hearings. If any tax revenues of the political subdivision will
be appropriated to the corporation, the corporation's annual
operating and capital budgets must be included in the
truth-in-taxation hearing of the political subdivision that
created the corporation;

(6) if the corporation issues debt, its debt is included in
the political subdivision's debt limit if it would be included
if issued by the political subdivision, and issuance of the debt
is subject to the election and other requirements of chapter 475
and section 471.69;

(7) section 471.895, prohibiting acceptance of gifts from
interested parties, and sections 471.87 to 471.89, relating to
interests in contracts;

(8) chapter 466, relating to municipal tort liability;

(9) chapter 118A, requiring deposit insurance or bond or
pledged collateral for deposits;

(10) chapter 118A, restricting investments;

(11) section 471.346, requiring ownership of vehicles to be
identified;

(12) sections 471.38 to 471.41, requiring claims to be in
writing, itemized, and approved by the governing board before
payment can be made; and

(13) the corporation cannot make advances of pay, make or
guarantee loans to employees, or provide in-kind benefits unless
authorized by law.

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 43A.17, subdivision 9, is
repealed.
new text end