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SF 2575

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/24/2014 08:13am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to state government; establishing a legislative salary council; modifying
a proposed constitutional amendment to stop lawmakers from setting 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 or former spouse of a current or
former legislator;
new text end

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

new text begin (3) a current or former employee of the legislature, or a current or former spouse of a
current or former employee of the legislature.
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 November 30, 2016. 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 shall serve a first term ending January 15, 2019. Members residing in an
odd-numbered congressional district will serve a first term that ends 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, 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 the legislature adopts a congressional redistricting
plan.
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 consecutive 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 board, 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 of Minnesota. 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 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 or former spouse of a current or former legislatornew text end . None of the
members of the council may be current or former lobbyists registered under Minnesota
lawnew text begin , or a current or former spouse of a current or former lobbyist registered under
Minnesota law. None of the members of the council may be a current or former employee
of the legislature, or a current or former spouse of a current or former employee of the
legislature
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.

Sec. 3.

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


Sec. 2. SCHEDULE AND QUESTION.

new text begin (a) new text end The 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 new text begin statenew text end legislators' ability
to set their own salaries, and instead establish an independent, citizens-only council to
prescribe salaries for new text begin statenew text end legislators?

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: "Stop Lawmakers
From Setting Their Own Pay."
new text end