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Minnesota Legislature

Office of the Revisor of Statutes

SF 581

as introduced - 91st Legislature (2019 - 2020) Posted on 01/28/2019 04:10pm

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

Current Version - as introduced

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A bill for an act
relating to constitutional amendments; proposing an amendment to the Minnesota
Constitution, article IV, section 9; eliminating per diem living expenses to
legislators during a regular or special session of the legislature; amending Minnesota
Statutes 2018, section 3.099, subdivision 1; repealing Minnesota Statutes 2018,
section 3.101.

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

ARTICLE 1

CONSTITUTIONAL AMENDMENT

Section 1. new text beginCONSTITUTIONAL AMENDMENT PROPOSED.
new text end

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

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 legislators, or the spouse of
a current legislator. None of the members of the council may be current or former lobbyists
registered under Minnesota law. None of the members of the council may be a current
employee of the legislature. None 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.
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. Any salary increase for
legislators authorized in law by the legislature after January 5, 2015, is repealed.

new text begin A senator or representative is prohibited from receiving per diem living expenses during
a regular or special session of the legislature.
new text end

Sec. 2. new text beginSUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment must be submitted to the people at the 2020 general election.
The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to eliminate per diem payments to state
lawmakers?
new text end

new text begin Yes .
new text end
new text begin No .
new text end
new text begin "
new text end

ARTICLE 2

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2018, section 3.099, subdivision 1, is amended to read:


Subdivision 1.

Paydays; mileage; per diem.

The compensation of each member of the
legislature is due on the first day of the regular legislative session of the term and payable
in equal parts on January 15, in the first month of each term and on the first day of each
following month during the term for which the member was elected. The compensation of
each member of the legislature elected at a special election is due on the day the member
takes the oath of office and payable within ten days of taking the oath for the remaining
part of the month in which the oath was taken, and then in equal parts on the first day of
each following month during the term for which the member was elected.

Each member shall receive mileage for necessary travel to the place of meeting and
returning to the member's residence in the amount and for trips as authorized by the senate
for senate members and by the house of representatives for house members.

deleted text begin Each member shall also receive per diem living expenses during a regular or special
session of the legislature in the amounts and for the purposes as determined by the senate
for senate members and by the house of representatives for house members.
deleted text end

On January 15 in the first month of each term and on the first day of each following
month, the secretary of the senate and the chief clerk of the house of representatives shall
certify to the commissioner of management and budget, in duplicate, the amount of
compensation then payable to each member of their respective houses and its total.

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 3.101, new text end new text begin is repealed.
new text end

Sec. 3. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective July 1, 2021, if the constitutional amendment proposed to the
people in article 1 is adopted at the 2020 general election.
new text end

APPENDIX

Repealed Minnesota Statutes: 19-2207

3.101 LIVING EXPENSES.

A member of the legislature in addition to the compensation and mileage otherwise provided by law shall be reimbursed for living and other expenses incurred in the performance of duties or engaging in official business during a regular or special session and when the legislature is not in session in the manner and amount prescribed by the senate Committee on Rules and Administration for senators and by the house of representatives Committee on Rules and Legislative Administration for house of representatives members.