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SF 1689

3rd Engrossment - 87th Legislature (2011 - 2012) Posted on 04/23/2012 10:15am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - 3rd Engrossment

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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; allowing a
leave of absence from public employment during convalescence for injury
or disease incurred during active service; 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, subdivisions 1,
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

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies to civil actions pending on or commenced on or after that date.
 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 1, is amended to read:


Subdivision 1.

Leave of absence without pay.

Subject to the conditions hereinafter
prescribed, any officer or employee of the state or of any political subdivision, municipal
corporation, or other public agency of the state whonew text begin : (1)new text end engages in active service in time
of war or other emergency declared by proper authority in any of the military or naval
forces of the state or of the United States for which leave is not otherwise allowed by
lawnew text begin ; or (2) during convalescence for an injury or disease incurred during active service, as
documented by a line-of-duty determination form signed by proper military authority, and
any other documentation as reasonably requested by the employer;new text end shall be entitled to
leave of absence from the officer's or employee's public office or employment without pay
during such service, with right of reinstatement as hereinafter provided. Such leave of
absence without pay, whether heretofore or hereafter, shall not extend beyond four years
plus such additional time in each case as such an officer or employee may be required
to serve pursuant to law. This shall not be construed to preclude the allowance of leave
with pay for such service to any person entitled thereto under section 43A.183, 192.26, or
471.975. Nothing in this section contained shall affect any of the provisions or application
of section 352.27 nor of section 192.26 to 192.264, or any laws amendatory thereof, insofar
as such sections pertain to the state employees retirement association or its members.new text begin
"Active service" has the meaning given the term in section 190.05, subdivision 5.
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.

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. 5.

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. 6.

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. 7. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 6 are effective the day following final enactment.
 new text end