Minnesota Legislature
SF 3793
1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - 1st Engrossment
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A bill for an act
relating to state government; proposing an amendment to the Minnesota
Constitution, article IV, section 9; article V, section 4; and by adding an article;
creating a council to prescribe salaries for legislators and executive officer;
amending Minnesota Statutes 2006, section 15A.082.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CONSTITUTIONAL AMENDMENT
Section 1. new text begin CONSTITUTIONAL AMENDMENTS PROPOSED.
new text end
new text begin
An amendment to the Minnesota Constitution is proposed to the people. If the
amendment is adopted:
new text end
new text begin
article IV, section 9, will read:
new text end
Sec. 9.
The deleted text begin compensationdeleted text end new text begin base salarynew text end of senators and representatives shall be prescribed
by deleted text begin law. No increase of compensation shall take effect during the period for which the
members of the existing house of representatives may have been electeddeleted text end new text begin the compensation
council. Other items of compensation for legislators shall be prescribed by lawnew text end .
new text begin
article V, section 4, will read:
new text end
Sec. 4.
The term of office of the secretary of state, attorney general and state auditor
is four years and until a successor is chosen and qualified. The duties deleted text begin and salariesdeleted text end of
the executive officers shall be prescribed by law. new text begin The base salaries of the executive
officers shall be prescribed by the compensation council. Other items of compensation for
executive officers shall be prescribed by law.new text end
new text begin
A new article shall be added to read:
new text end
new text end new text begin COMPENSATION COUNCIL
new text end
new text begin Section 1. new text end
new text begin
A compensation council is created each odd-numbered year to prescribe base
salaries for legislators and executive officers. Other items of compensation for legislators
and executive officers, including insurance and retirement benefits, shall be prescribed
by law. The council must prescribe salaries by April 1 of each odd-numbered year, with
any changes in salary to take effect on January 1 of the next even-numbered year, with no
more than one adjustment, to take effect on the first Monday in January of the following
odd-numbered year. Each council expires on April 1 in the year it was created.
new text end
new text begin
The council consists of 16 members, who must be residents of this state and no more
than four of whom have held any office elective under this constitution. The appointment,
compensation, and removal of members of the council shall be prescribed by law.
new text end
Sec. 2. new text begin SCHEDULE AND QUESTION.
new text end
new text begin
The proposed amendment must be submitted to the people at the 2008 general
election. The question submitted must be:
new text end
new text begin
"Shall the Minnesota Constitution be amended to transfer from the legislature to a
citizens' council the authority to set salaries for legislators and executive officers?
new text end
|
new text begin
Yes ....... new text end |
|
new text begin
No ......." new text end |
ARTICLE 2
STATUTORY CHANGES
Section 1.
Minnesota Statutes 2006, section 15A.082, is amended to read:
15A.082 COMPENSATION COUNCIL.
Subdivision 1.
Creation.
A Compensation Council is created each deleted text begin even-numbereddeleted text end new text begin
odd-numberednew text end year to new text begin prescribe base salaries for legislators and constitutional officers
and to new text end assist the legislature in establishing the compensation of deleted text begin constitutional officers,
members of the legislature,deleted text end justices of the Supreme Court, judges of the Court of Appeals
and district court, and the heads of state and metropolitan agencies included in section
15A.0815.
Subd. 2.
Membership.
The Compensation Council consists of 16 membersnew text begin ,
who must be residents of this state and no more than four of whom may have held any
office elective under the Minnesota Constitution, and who must be appointed as followsnew text end :
two members deleted text begin of the house of representativesdeleted text end appointed by the speaker of the house of
representatives; two members deleted text begin of the senatedeleted text end appointed by the majority leader of the
senate; one member deleted text begin of the house of representativesdeleted text end appointed by the minority leader of
the house of representatives; one member deleted text begin of the senatedeleted text end appointed by the minority leader
of the senate; two nonjudges appointed by the chief justice of the Supreme Court; and
one member from each congressional district appointed by the governor, of whom no
more than four may belong to the same political party. Appointments must be made by
deleted text begin October 1deleted text end new text begin January 15 of each odd-numbered year. The chief justice shall select one of
the members appointed by the chief justice to convene the first meeting of the council no
later than 14 days after the appointments are completed. The council shall select a chair
from its membership at its first meetingnew text end . The compensation and removal of members
deleted text begin appointed by the governor or the chief justicedeleted text end shall be as provided in section 15.059,
subdivisions 3 and 4. The Legislative Coordinating Commission shall provide the council
with administrative and support services.
Subd. 3.
Submission of new text begin salaries and new text end recommendations.
(a) By deleted text begin Maydeleted text end new text begin Aprilnew text end 1
in each odd-numbered year, the Compensation Council new text begin shall post on the official state
Web site the base salaries for legislators and constitutional officers and new text end shall submit
to the speaker of the house of representatives and the president of the senate salary
recommendations for deleted text begin constitutional officers, legislators,deleted text end justices of the Supreme Court,
and judges of the Court of Appeals and district court. The deleted text begin recommendeddeleted text end salary new text begin prescribed
or recommended new text end for each office must take effect on deleted text begin the first Monday indeleted text end January new text begin 1 new text end of the
next deleted text begin odd-numbereddeleted text end new text begin even-numberednew text end year, with no more than one adjustment, to take effect
on new text begin the first Monday in new text end January 1 of the year after that. The salary recommendations for
deleted text begin legislators, deleted text end judgesdeleted text begin , and constitutional officersdeleted text end take effect if an appropriation of money to
pay the recommended salaries is enacted after the recommendations are submitted and
before their effective date. Recommendations may be expressly modified or rejected. The
salary deleted text begin recommendationsdeleted text end new text begin prescribednew text end for legislators deleted text begin aredeleted text end new text begin is new text end subject to additional terms that
may be adopted according to section 3.099, subdivisions 1 and 3.
(b) The council shall also submit to the speaker of the house of representatives and
the president of the senate recommendations for the salary ranges of the heads of state
and metropolitan agencies, to be effective retroactively from January 1 of that year if
enacted into law. The recommendations shall include the appropriate group in section
15A.0815 to which each agency head should be assigned and the appropriate limitation
on the maximum range of the salaries of the agency heads in each group, expressed as a
percentage of the salary of the governor.
Subd. 4.
Criteria.
In new text begin prescribing base salaries and new text end making new text begin other new text end compensation
recommendations, the council shall consider the amount of compensation paid in
government service and the private sector to persons with similar qualifications, the
amount of compensation needed to attract and retain experienced and competent
persons, and the ability of the state to pay the recommended compensation. In deleted text begin making
recommendations for legislative compensationdeleted text end new text begin prescribing base salaries for legislatorsnew text end , the
council shall also consider the average length of a legislative session, the amount of work
required of legislators during interim periods, and opportunities to earn income from other
sources without neglecting legislative duties.
Subd. 4a.
Constitutional officers.
No constitutional officer whose compensation is
set under this section may receive monetary compensation for unused vacation or sick
leave accruals.
Subd. 6.
Expiration.
Each Compensation Council shall expire deleted text begin upon submission of
the recommendations required by subdivision 3deleted text end new text begin on April 1 in the year it was creatednew text end .
Sec. 2. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective upon approval of the constitutional amendment proposed in
article 1.
new text end