Bill Text: MN SF1689 | 2011-2012 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Veterans waiver of immunity to sue state for Uniformed Services Employment and Reemployment Rights Act (USERRA) violations; veteran-owned small businesses set aside program modification; veterans reemployment rights protections extension
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2012-04-20 - Secretary of State Chapter 192 04/18/12 [SF1689 Detail]
Download: Minnesota-2011-SF1689-Engrossed.html
Bill Title: Veterans waiver of immunity to sue state for Uniformed Services Employment and Reemployment Rights Act (USERRA) violations; veteran-owned small businesses set aside program modification; veterans reemployment rights protections extension
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2012-04-20 - Secretary of State Chapter 192 04/18/12 [SF1689 Detail]
Download: Minnesota-2011-SF1689-Engrossed.html
1.2relating to veterans affairs; providing a waiver of immunity for veterans to sue
1.3the state of Minnesota as an employer in federal or other courts for violation of
1.4the Uniformed Services Employment and Reemployment Rights Act; giving
1.5special emphasis to recruitment of veterans for state employment; extending
1.6reemployment rights protections to certain nonpublic employees; increasing
1.7credits for veterans in open examination ratings for public employment;
1.8amending Minnesota Statutes 2010, sections 1.05, by adding a subdivision;
1.943A.09; 192.261, subdivision 6; 197.455, subdivisions 4, 5.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2010, section 1.05, is amended by adding a subdivision
1.12to read:
1.13 Subd. 5. Uniformed Services Employment and Reemployment Rights Act
1.14(USERRA). An employee, former employee, or prospective employee of the state
1.15who is aggrieved by the state's violation of the Uniformed Services Employment and
1.16Reemployment Rights Act, United States Code, title 38, sections 4301 to 4333, as
1.17amended, may bring a civil action against the state in federal court or another court of
1.18competent jurisdiction for legal or equitable relief that will effectuate the purposes of
1.19that act.
1.20 Sec. 2. Minnesota Statutes 2010, section 43A.09, is amended to read:
1.2143A.09 RECRUITMENT.
1.22The commissioner in cooperation with appointing authorities of all state agencies
1.23shall maintain an active recruiting program publicly conducted and designed to attract
1.24sufficient numbers of well-qualified people to meet the needs of the civil service, and to
1.25enhance the image and public esteem of state service employment. Special emphasis shall
2.1be given to recruitment of veterans and protected group members to assist state agencies
2.2in meeting affirmative action goals to achieve a balanced work force.
2.3 Sec. 3. Minnesota Statutes 2010, section 192.261, subdivision 6, is amended to read:
2.4 Subd. 6. State emergencies; reemployment rights of nonpublic employees. A
2.5person who engages in active service in the military forces in time of emergency declared
2.6by the proper authority ofthe any state who is not an officer or employee of the this
2.7state or of any political subdivision, municipal corporation, or other public agency of
2.8the this state is entitled to leave and reinstatement in the same manner and to the same
2.9extent as granted to officers and employees ofthe this state or of any political subdivision,
2.10municipal corporation, or other public agency ofthe this state by subdivisions 1 to 4. The
2.11provisions of this subdivision shall not entitle a person given leave and reinstatement
2.12rights by this subdivision to any pay during such service as provided by section192.26 .
2.13The provisions of this subdivision do not apply to situations in which the person's
2.14reemployment rights are protected by United States Code Annotated, appendix 50, section
2.15459(g) of the Selective Service Act of 1967.
2.16 Sec. 4. Minnesota Statutes 2010, section 197.455, subdivision 4, is amended to read:
2.17 Subd. 4. Nondisabled veteran's credit. There shall be added to the competitive
2.18open examination rating of a nondisabled veteran, who so elects, a credit offive ten
2.19points provided that the veteran obtained a passing rating on the examination without
2.20the addition of the credit points.
2.21 Sec. 5. Minnesota Statutes 2010, section 197.455, subdivision 5, is amended to read:
2.22 Subd. 5. Disabled veteran's credit. There shall be added to the competitive open
2.23examination rating of a disabled veteran, who so elects, a credit often 15 points provided
2.24that the veteran obtained a passing rating on the examination without the addition of the
2.25credit points. There shall be added to the competitive promotional examination rating of
2.26a disabled veteran, who so elects, a credit of five points provided that (1) the veteran
2.27obtained a passing rating on the examination without the addition of the credit points; and
2.28(2) the veteran is applying for a first promotion after securing public employment.
2.29 Sec. 6. EFFECTIVE DATE.
2.30Sections 1 to 5 are effective the day following final enactment.
1.3the state of Minnesota as an employer in federal or other courts for violation of
1.4the Uniformed Services Employment and Reemployment Rights Act; giving
1.5special emphasis to recruitment of veterans for state employment; extending
1.6reemployment rights protections to certain nonpublic employees; increasing
1.7credits for veterans in open examination ratings for public employment;
1.8amending Minnesota Statutes 2010, sections 1.05, by adding a subdivision;
1.943A.09; 192.261, subdivision 6; 197.455, subdivisions 4, 5.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2010, section 1.05, is amended by adding a subdivision
1.12to read:
1.13 Subd. 5. Uniformed Services Employment and Reemployment Rights Act
1.14(USERRA). An employee, former employee, or prospective employee of the state
1.15who is aggrieved by the state's violation of the Uniformed Services Employment and
1.16Reemployment Rights Act, United States Code, title 38, sections 4301 to 4333, as
1.17amended, may bring a civil action against the state in federal court or another court of
1.18competent jurisdiction for legal or equitable relief that will effectuate the purposes of
1.19that act.
1.20 Sec. 2. Minnesota Statutes 2010, section 43A.09, is amended to read:
1.2143A.09 RECRUITMENT.
1.22The commissioner in cooperation with appointing authorities of all state agencies
1.23shall maintain an active recruiting program publicly conducted and designed to attract
1.24sufficient numbers of well-qualified people to meet the needs of the civil service, and to
1.25enhance the image and public esteem of state service employment. Special emphasis shall
2.1be given to recruitment of veterans and protected group members to assist state agencies
2.2in meeting affirmative action goals to achieve a balanced work force.
2.3 Sec. 3. Minnesota Statutes 2010, section 192.261, subdivision 6, is amended to read:
2.4 Subd. 6. State emergencies; reemployment rights of nonpublic employees. A
2.5person who engages in active service in the military forces in time of emergency declared
2.6by the proper authority of
2.7state or of any political subdivision, municipal corporation, or other public agency of
2.8
2.9extent as granted to officers and employees of
2.10municipal corporation, or other public agency of
2.11provisions of this subdivision shall not entitle a person given leave and reinstatement
2.12rights by this subdivision to any pay during such service as provided by section
2.13The provisions of this subdivision do not apply to situations in which the person's
2.14reemployment rights are protected by United States Code Annotated, appendix 50, section
2.15459(g) of the Selective Service Act of 1967.
2.16 Sec. 4. Minnesota Statutes 2010, section 197.455, subdivision 4, is amended to read:
2.17 Subd. 4. Nondisabled veteran's credit. There shall be added to the competitive
2.18open examination rating of a nondisabled veteran, who so elects, a credit of
2.19points provided that the veteran obtained a passing rating on the examination without
2.20the addition of the credit points.
2.21 Sec. 5. Minnesota Statutes 2010, section 197.455, subdivision 5, is amended to read:
2.22 Subd. 5. Disabled veteran's credit. There shall be added to the competitive open
2.23examination rating of a disabled veteran, who so elects, a credit of
2.24that the veteran obtained a passing rating on the examination without the addition of the
2.25credit points. There shall be added to the competitive promotional examination rating of
2.26a disabled veteran, who so elects, a credit of five points provided that (1) the veteran
2.27obtained a passing rating on the examination without the addition of the credit points; and
2.28(2) the veteran is applying for a first promotion after securing public employment.
2.29 Sec. 6. EFFECTIVE DATE.
2.30Sections 1 to 5 are effective the day following final enactment.
