Minnesota Legislature
SF 1689
2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 03/29/2012 02:00pm
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A bill for an act
relating to veterans affairs; providing a waiver of immunity for veterans to sue
the state of Minnesota as an employer in federal or other courts for violation of
the Uniformed Services Employment and Reemployment Rights Act; giving
special emphasis to recruitment of veterans for state employment; extending
reemployment rights protections to certain nonpublic employees; increasing
credits for veterans in open examination ratings for public employment;
amending Minnesota Statutes 2010, sections 1.05, by adding a subdivision;
43A.09; 192.261, subdivision 6; 197.455, subdivisions 4, 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 1.05, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin
Uniformed Services Employment and Reemployment Rights Act
(USERRA).
new text end
new text begin
An employee, former employee, or prospective employee of the state
who is aggrieved by the state's violation of the Uniformed Services Employment and
Reemployment Rights Act, United States Code, title 38, sections 4301 to 4333, as
amended, may bring a civil action against the state in federal court or another court of
competent jurisdiction for legal or equitable relief that will effectuate the purposes of
that act.
new text end
Sec. 2.
Minnesota Statutes 2010, section 43A.09, is amended to read:
43A.09 RECRUITMENT.
The commissioner in cooperation with appointing authorities of all state agencies
shall maintain an active recruiting program publicly conducted and designed to attract
sufficient numbers of well-qualified people to meet the needs of the civil service, and to
enhance the image and public esteem of state service employment. Special emphasis shall
be given to recruitment of new text begin veterans and new text end protected group members to assist state agencies
in meeting affirmative action goals to achieve a balanced work force.
Sec. 3.
Minnesota Statutes 2010, section 192.261, subdivision 6, is amended to read:
Subd. 6.
State emergencies; reemployment rights of nonpublic employees.
A
person who engages in active service in the military forces in time of emergency declared
by the proper authority of deleted text begin thedeleted text end new text begin anynew text end state who is not an officer or employee of deleted text begin thedeleted text end new text begin thisnew text end
state or of any political subdivision, municipal corporation, or other public agency of
deleted text begin thedeleted text end new text begin thisnew text end state is entitled to leave and reinstatement in the same manner and to the same
extent as granted to officers and employees of deleted text begin thedeleted text end new text begin thisnew text end state or of any political subdivision,
municipal corporation, or other public agency of deleted text begin thedeleted text end new text begin thisnew text end state by subdivisions 1 to 4. The
provisions of this subdivision shall not entitle a person given leave and reinstatement
rights by this subdivision to any pay during such service as provided by section 192.26.
The provisions of this subdivision do not apply to situations in which the person's
reemployment rights are protected by United States Code Annotated, appendix 50, section
459(g) of the Selective Service Act of 1967.
Sec. 4.
Minnesota Statutes 2010, section 197.455, subdivision 4, is amended to read:
Subd. 4.
Nondisabled veteran's credit.
There shall be added to the competitive
open examination rating of a nondisabled veteran, who so elects, a credit of deleted text begin fivedeleted text end new text begin tennew text end
points provided that the veteran obtained a passing rating on the examination without
the addition of the credit points.
Sec. 5.
Minnesota Statutes 2010, section 197.455, subdivision 5, is amended to read:
Subd. 5.
Disabled veteran's credit.
There shall be added to the competitive open
examination rating of a disabled veteran, who so elects, a credit of deleted text begin tendeleted text end new text begin 15new text end points provided
that the veteran obtained a passing rating on the examination without the addition of the
credit points. There shall be added to the competitive promotional examination rating of
a disabled veteran, who so elects, a credit of five points provided that (1) the veteran
obtained a passing rating on the examination without the addition of the credit points; and
(2) the veteran is applying for a first promotion after securing public employment.
Sec. 6. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 5 are effective the day following final enactment.
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