SF 592

4th Engrossment - 92nd Legislature (2021 - 2022) Posted on 08/10/2021 10:23am

A bill for an act
relating to public safety; providing salary increases for certain law enforcement
personnel; appropriating money; amending Minnesota Statutes 2020, section
43A.17, by adding a subdivision; repealing Laws 2020, Fifth Special Session
chapter 3, article 9, section 6.

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

Section 1.

Minnesota Statutes 2020, section 43A.17, is amended by adding a subdivision
to read:

new text begin Subd. 13. new text end

new text begin Compensation for law enforcement officers. new text end

new text begin (a) For purposes of this
subdivision, the term "law enforcement officers" means Minnesota State Patrol troopers,
Bureau of Criminal Apprehension agents, special agents in the gambling enforcement
division of the Department of Public Safety, conservation officers, Department of Corrections
fugitive specialists, and Department of Commerce insurance fraud specialists.
new text end

new text begin (b) When the commissioner of management and budget negotiates a collective bargaining
agreement establishing compensation for law enforcement officers, the commissioner must
consider compensation based on compensation data from the most recent salary and benefits
survey conducted pursuant to section 299D.03, subdivision 2a. Use of pattern bargaining
or suggesting compensation based on internal equity data constitutes bad faith in negotiations.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
expires January 1, 2032. This section applies to contracts entered into on or after the effective
date, but before January 1, 2032.
new text end

Sec. 2. new text begin LAW ENFORCEMENT SALARY INCREASES.
new text end

new text begin (a) Notwithstanding any law to the contrary, salary increases shall apply to the following
employees whose exclusive representative is the Minnesota Law Enforcement Association:
new text end

new text begin (1) the commissioner of public safety must increase the salary paid to state patrol troopers,
Bureau of Criminal Apprehension agents, and special agents in the gambling enforcement
division by 13.2 percent, and must increase the salary paid to state patrol troopers, Bureau
of Criminal Apprehension agents, and special agents in the gambling enforcement division
that are compensated at the maximum base wage level by an additional two percent;
new text end

new text begin (2) the commissioner of natural resources must increase the salary paid to conservation
officers positions by 13.2 percent, and must increase the salary paid to conservation officers
that are compensated at the maximum base wage level by an additional two percent;
new text end

new text begin (3) the commissioner of corrections must increase the salary paid to fugitive specialists
positions by 13.2 percent, and must increase the salary paid to fugitive specialists that are
compensated at the maximum base wage level by an additional two percent; and
new text end

new text begin (4) the commissioner of commerce must increase the salary paid to commerce insurance
fraud specialists positions by 13.2 percent, and must increase the salary paid to commerce
insurance fraud specialists that are compensated at the maximum base wage level by an
additional two percent.
new text end

new text begin (b) Notwithstanding any law to the contrary, in addition to the salary increases required
under paragraph (a), each agency described in paragraph (a) shall increase by 8.4 percent
the salary paid to supervisors and managers, and must increase the salary paid to supervisors
and managers who are compensated at the maximum base wage level by an additional two
percent. For purposes of this paragraph, "supervisors and managers" means employees who
are employed in positions that require them to be licensed as peace officers, as defined in
Minnesota Statutes, section 626.84, subdivision 1, who supervise or manage employees
described in paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from October 22, 2020.
new text end

Sec. 3. new text begin LAW ENFORCEMENT SALARY SUPPLEMENT FOR FISCAL YEAR
2020.
new text end

new text begin Notwithstanding any law to the contrary, an eligible state employee employed at any
time during fiscal year 2020 in a position for which the Minnesota Law Enforcement
Association was the exclusive representative shall receive a salary supplement payment
that is equal to the salary the employee earned in that position in fiscal year 2020, multiplied
by 2.25 percent. For purposes of this section, "eligible state employee" means a person who
is employed by the state on the effective date of this section and who was employed in fiscal
year 2020 in one of the following positions:
new text end

new text begin (1) state patrol trooper, employed by the Department of Public Safety;
new text end

new text begin (2) Bureau of Criminal Apprehension agent, employed by the Department of Public
Safety;
new text end

new text begin (3) special agent in the gambling enforcement division of the Department of Public
Safety;
new text end

new text begin (4) conservation officer, employed by the Department of Natural Resources;
new text end

new text begin (5) fugitive specialists employed by the Department of Corrections; or
new text end

new text begin (6) commerce insurance fraud specialist, employed by the Department of Commerce.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text begin LAW ENFORCEMENT SALARY SUPPLEMENT FOR A PORTION OF
FISCAL YEAR 2021.
new text end

new text begin Notwithstanding any law to the contrary, an eligible state employee employed at any
time from July 1, 2020, to October 21, 2020, in a position for which the Minnesota Law
Enforcement Association was the exclusive representative shall receive a salary supplement
payment that is equal to the salary the employee earned in that position from July 1, 2020,
to October 21, 2020, multiplied by 4.8 percent. For purposes of this section, "eligible state
employee" means a person who is employed by the state on the effective date of this section
and who was employed at any time from July 1, 2020, to October 21, 2020, in one of the
following positions:
new text end

new text begin (1) state patrol trooper, employed by the Department of Public Safety;
new text end

new text begin (2) Bureau of Criminal Apprehension agent, employed by the Department of Public
Safety;
new text end

new text begin (3) special agent in the gambling enforcement division of the Department of Public
Safety;
new text end

new text begin (4) conservation officer, employed by the Department of Natural Resources;
new text end

new text begin (5) fugitive specialists employed by the Department of Corrections; or
new text end

new text begin (6) commerce insurance fraud specialist, employed by the Department of Commerce.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5. new text begin TREATMENT OF SUPPLEMENTS FOR PURPOSES OF PENSIONS AND
OTHER PURPOSES.
new text end

new text begin Notwithstanding any law to the contrary, salary supplements under sections 2 and 3 are
not salary for purposes of pension contributions or benefits. Specifically, employee
contributions under Minnesota Statutes, sections 352.04, subdivision 2; 352.92, subdivision
1; 352B.02, subdivision 1a; and 352D.04, subdivision 2, shall not be deducted and employer
contributions under Minnesota Statutes, sections 352.04, subdivision 3; 352.92, subdivision
2; 352B.02, subdivision 1c; and 352D.04, subdivision 2, shall not be made to the Minnesota
State Retirement System for the salary supplements paid in sections 2 and 3. In calculating
a member's pension benefit under Minnesota Statutes, chapter 352 or 352B, average salary
and average monthly salary does not include salary supplements under sections 2 and 3.
These amounts are subject to deductions required by law and authorized withholdings
applicable to salary.
new text end

Sec. 6. new text begin APPROPRIATIONS; SALARY INCREASES.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Natural Resources. new text end

new text begin (a) $366,000 in fiscal year 2021 is
appropriated from the general fund to the commissioner of natural resources for salary
increases under section 2 of this act. In each of fiscal years 2022 and 2023, $555,000 is
appropriated from the general fund to the commissioner of natural resources for this purpose.
This amount is in addition to the base appropriation for this purpose.
new text end

new text begin (b) $416,000 in fiscal year 2021 is appropriated from the natural resources fund to the
commissioner of natural resources for salary increases under section 2 of this act. In each
of fiscal years 2022 and 2023, $631,000 is appropriated from the natural resources fund to
the commissioner of natural resources for this purpose. This amount is in addition to the
base appropriation for this purpose.
new text end

new text begin (c) $1,249,000 in fiscal year 2021 is appropriated from the game and fish fund to the
commissioner of natural resources for salary increases under section 2 of this act. In each
of fiscal years 2022 and 2023, $1,893,000 is appropriated from the game and fish fund to
the commissioner of natural resources for this purpose. This amount is in addition to the
base appropriation for this purpose.
new text end

new text begin (d) $4,000 in fiscal year 2021 is appropriated from the remediation fund to the
commissioner of natural resources for salary increases under section 2 of this act. In each
of fiscal years 2022 and 2023, $6,000 is appropriated from the remediation fund to the
commissioner of natural resources for this purpose. This amount is in addition to the base
appropriation for this purpose.
new text end

new text begin Subd. 2. new text end

new text begin Department of Corrections. new text end

new text begin $142,000 in fiscal year 2021 is appropriated from
the general fund to the commissioner of corrections for salary increases under section 2 of
this act. In each of fiscal years 2022 and 2023, $209,000 is appropriated from the general
fund to the commissioner of corrections for this purpose. This amount is in addition to the
base appropriation for this purpose.
new text end

new text begin Subd. 3. new text end

new text begin Department of Public Safety. new text end

new text begin (a) $1,047,000 in fiscal year 2021 is appropriated
from the general fund to the commissioner of public safety for Bureau of Criminal
Apprehension salary increases under section 2 of this act. In each of fiscal years 2022 and
2023, $1,808,000 is appropriated from the general fund to the commissioner of public safety
for this purpose. This amount is in addition to the base appropriation for this purpose.
new text end

new text begin (b) $99,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of public safety for Alcohol and Gambling Enforcement Division salary increases under
section 2 of this act. In each of fiscal years 2022 and 2023, $148,000 is appropriated from
the general fund to the commissioner of public safety for this purpose. This amount is in
addition to the base appropriation for this purpose.
new text end

new text begin (c) $125,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of public safety for state patrol salary increases under section 2 of this act. In each of fiscal
years 2022 and 2023, $464,000 is appropriated from the general fund to the commissioner
of public safety for this purpose. This amount is in addition to the base appropriation for
this purpose.
new text end

new text begin (d) $3,182,000 in fiscal year 2021 is appropriated from the trunk highway fund to the
commissioner of public safety for state patrol salary increases under section 2 of this act.
In each of fiscal years 2022 and 2023, $10,363,000 is appropriated from the trunk highway
fund to the commissioner of public safety for this purpose. This amount is in addition to
the base appropriation for this purpose.
new text end

new text begin (e) $27,000 in fiscal year 2021 is appropriated from the highway user tax distribution
fund to the commissioner of public safety for state patrol salary increases under section 2
of this act. In each of fiscal years 2022 and 2023, $110,000 is appropriated from the highway
user tax distribution fund to the commissioner of public safety for this purpose. This amount
is in addition to the base appropriation for this purpose.
new text end

new text begin Subd. 4. new text end

new text begin Department of Commerce. new text end

new text begin $214,000 in fiscal year 2021 is appropriated from
the general fund to the commissioner of commerce for salary increases under section 2 of
this act. In each of fiscal years 2022 and 2023, $283,000 is appropriated from the general
fund to the commissioner of commerce for this purpose. This amount is in addition to the
base appropriation for this purpose.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7. new text begin APPROPRIATIONS; SALARY SUPPLEMENTS FROM JULY 1, 2019, TO
OCTOBER 21, 2020.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Natural Resources. new text end

new text begin (a) $91,000 in fiscal year 2021 is
appropriated from the general fund to the commissioner of natural resources for salary
supplements under sections 2 and 3 of this act. This is a onetime appropriation.
new text end

new text begin (b) $108,000 in fiscal year 2021 is appropriated from the natural resources fund to the
commissioner of natural resources for salary supplements under sections 2 and 3 of this act.
This is a onetime appropriation.
new text end

new text begin (c) $329,000 in fiscal year 2021 is appropriated from the game and fish fund to the
commissioner of natural resources for salary supplements under sections 2 and 3 of this act.
This is a onetime appropriation.
new text end

new text begin (d) $1,000 in fiscal year 2021 is appropriated from the remediation fund to the
commissioner of natural resources for salary supplements under sections 2 and 3 of this act.
This is a onetime appropriation.
new text end

new text begin Subd. 2. new text end

new text begin Department of Corrections. new text end

new text begin $33,000 in fiscal year 2021 is appropriated from
the general fund to the commissioner of corrections for salary supplements under sections
2 and 3 of this act. This is a onetime appropriation.
new text end

new text begin Subd. 3. new text end

new text begin Department of Public Safety. new text end

new text begin (a) $185,000 in fiscal year 2021 is appropriated
from the general fund to the commissioner of public safety for Bureau of Criminal
Apprehension salary supplements under sections 2 and 3 of this act. This is a onetime
appropriation.
new text end

new text begin (b) $19,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of public safety for Alcohol and Gambling Enforcement Division salary supplements under
sections 2 and 3 of this act. This is a onetime appropriation.
new text end

new text begin (c) $85,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of public safety for state patrol salary supplements under sections 2 and 3 of this act. This
is a onetime appropriation.
new text end

new text begin (d) $2,020,000 in fiscal year 2021 is appropriated from the trunk highway fund to the
commissioner of public safety for state patrol salary supplements under sections 2 and 3 of
this act. This is a onetime appropriation.
new text end

new text begin (e) $21,000 in fiscal year 2021 is appropriated from the highway user tax distribution
fund to the commissioner of public safety for state patrol salary supplements under sections
2 and 3 of this act. This is a onetime appropriation.
new text end

new text begin Subd. 4. new text end

new text begin Department of Commerce. new text end

new text begin $45,000 in fiscal year 2021 is appropriated from
the general fund to the commissioner of commerce for salary supplements under sections
2 and 3 of this act. This is a onetime appropriation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Laws 2020, Fifth Special Session chapter 3, article 9, section 6, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

APPENDIX

Repealed Minnesota Session Laws: S0592-4

Laws 2020, Fifth Special Session chapter 3, article 9, section 6 by Laws 2021, First Special Session chapter 5, article 3, section 6

Sec. 6. STATE PATROL TROOPER SALARY INCREASE.

The commissioner of public safety must increase the salary paid to state patrol troopers by 8.4 percent.

EFFECTIVE DATE.

This section is effective the day following final enactment.