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HF 3169

5th Engrossment - 88th Legislature (2013 - 2014) Posted on 05/15/2014 04:28pm

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

Current Version - 5th Engrossment

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A bill for an act
relating to state government; establishing a legislative salary council; modifying
a proposed constitutional amendment to remove lawmakers' power to set their
own pay; amending Laws 2013, chapter 124, sections 1; 2; proposing coding for
new law in Minnesota Statutes, chapter 15A.

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

Section 1.

new text begin [15A.0825] LEGISLATIVE SALARY COUNCIL.
new text end

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
following members:
new text end

new text begin (1) new text end new text begin one person, who is not a judge, from each congressional district, appointed by
the chief justice of the Supreme Court; and
new text end

new text begin (2) one person from each congressional district, appointed by the governor.
new text end

new text begin (b) If Minnesota has an odd number of congressional districts, the governor and the
chief justice must each appoint an at-large member, in addition to a member from each
congressional district.
new text end

new text begin (c) One-half of the members appointed by the governor and one-half of the members
appointed by the chief justice must belong to the political party that has the most members
in the legislature. One-half of the members appointed by the governor and one-half of
the members appointed by the chief justice must belong to the political party that has the
second most members in the legislature.
new text end

new text begin (d) None of the members of the council may be:
new text end

new text begin (1) a current or former legislator, or the spouse of a current legislator;
new text end

new text begin (2) a current or former lobbyist registered under Minnesota law;
new text end

new text begin (3) a current employee of the legislature;
new text end

new text begin (4) a current or former judge; or
new text end

new text begin (5) a current or former governor, lieutenant governor, attorney general, secretary
of state, or state auditor.
new text end

new text begin Subd. 2. new text end

new text begin Initial appointment; convening authority; first meeting. new text end

new text begin Appointing
authorities must make their initial appointments by January 2, 2017. The governor shall
designate one member to convene and chair the first meeting of the council. The first
meeting must be before January 15, 2017. At its first meeting, the council must elect a
chair from among its members. Members that reside in an even-numbered congressional
district serve a first term ending January 15, 2019. Members residing in an odd-numbered
congressional district serve a first term ending January 15, 2021.
new text end

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
redistricting, a term is four years or until new appointments are made after congressional
redistricting as provided in subdivision 4. Members may serve no more than two full
terms or portions of two consecutive terms.
new text end

new text begin (b) If a member ceases to reside in the congressional district that the member
resided in at the time of appointment as a result of moving or redistricting, the appointing
authority who appointed the member must appoint a replacement who resides in the
congressional district to serve the unexpired term.
new text end

new text begin Subd. 4. new text end

new text begin Appointments following redistricting. new text end

new text begin Appointing authorities shall make
appointments within three months after a congressional redistricting plan is adopted.
Members that reside in an even-numbered district shall be appointed to a term of two
years following redistricting. Members that reside in an odd-numbered district shall be
appointed to a term of four years following redistricting.
new text end

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
notice and a hearing, for missing three consecutive meetings, or as a result of redistricting.
The chair of the council or a designee shall inform the appointing authority of a member
missing three consecutive meetings. After the second consecutively missed meeting and
before the next meeting, the chair or a designee shall notify the member in writing that
the member may be removed for missing the next meeting. In the case of a vacancy on
the council, the appointing authority shall appoint a person to fill the vacancy for the
remainder of the unexpired term.
new text end

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,
subdivision 3.
new text end

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
prescribe salaries for legislators to take effect July 1 of that year. In setting salaries,
the council must take into account any other legislative compensation provided to the
legislators by the state and the most recent budget forecast. The council must submit
a report by March 31 of each odd-numbered year with the prescribed salaries to the
governor, the majority and minority leaders of the senate and the house of representatives,
the chairs of the committees in the senate and the house of representatives with jurisdiction
over the legislature's budget, and the chairs of the committees in the senate and house of
representatives with jurisdiction over finance. The report must describe the council's
rationale for selecting the prescribed salaries.
new text end

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

new text begin Subd. 9. new text end

new text begin Staffing. new text end

new text begin The Legislative Coordinating Commission shall provide
administrative and support services for the council.
new text end

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
communication with a member of the legislature during the period after the first meeting
is convened under subdivision 2 and the date the legislator salaries are submitted under
subdivision 7.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon adoption of the constitutional
amendment proposed under Laws 2013, chapter 124.
new text end

Sec. 2.

Laws 2013, chapter 124, section 1, is amended to read:


Section 1. CONSTITUTIONAL AMENDMENT PROPOSED.

An amendment to the Minnesota Constitution is proposed to the people. If the
amendment is adopted, article IV, section 9, will read:

Sec. 9.

The salary of senators and representatives shall be prescribed by a council
consisting of the following members: one person who is not a judge from each
congressional district appointed by the chief justice of the Supreme Court, and one
member from each congressional district appointed by the governor. If Minnesota has
an odd number of congressional districts, the governor and the chief justice must each
appoint an at-large member in addition to a member from each congressional district.
One-half of the members appointed by the governor and one-half of the members
appointed by the chief justice must belong to the political party that has the most members
in the legislature. One-half of the members appointed by the governor and one-half of
the members appointed by the chief justice must belong to the political party that has the
second-most members in the legislature. None of the members of the council may be
current or former legislatorsnew text begin, or the spouse of a current legislatornew text end. None of the members
of the council may be current or former lobbyists registered under Minnesota lawnew text begin. None
of the members of the council may be a current employee of the legislature
new text end. new text beginNone of
the members of the council may be a current or former judge. None of the members of
the council may be a current or former governor, lieutenant governor, attorney general,
secretary of state, or state auditor. None of the members of the council may be a current
employee of an entity in the executive or judicial branch.
new text end Membership terms, removal,
and compensation of members shall be as provided by law. The council must prescribe
salaries by March 31 of each odd-numbered year, taking into account any other legislative
compensation provided to legislators by the state of Minnesota, with any changes in salary
to take effect on July 1 of that year. new text beginAny salary increase for legislators authorized in law
by the legislature after January 5, 2015, is repealed.
new text end

Sec. 3.

Laws 2013, chapter 124, section 2, is amended to read:


Sec. 2. SCHEDULE AND QUESTION.

new text begin (a) new text endThe proposed amendment must be submitted to the people at the 2016 general
election. The question submitted must be:

"Shall the Minnesota Constitution be amended to remove deleted text beginlegislators' ability
deleted text end new text beginstate lawmakers' powernew text end to set their own salaries, and instead establish an independent,
citizens-only council to prescribe salaries deleted text beginfor legislatorsdeleted text end new text beginof lawmakersnew text end?

Yes
.
No . "

new text begin (b) The title required under Minnesota Statutes, section 204D.15, subdivision 1, for
the question submitted to the people under paragraph (a) shall be: "Remove Lawmakers'
Power to Set Their Own Pay."
new text end