Bill Text: MN SF2575 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Legislative salary council establishment; constitutional amendment to remove lawmakers power to set their own pay modification
Sponsorship: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2014-05-12 - HF substituted on General Orders HF3169 [SF2575 Detail]
Download: Minnesota-2013-SF2575-Engrossed.html
1.2relating to state government; establishing a legislative salary council; modifying
1.3a proposed constitutional amendment to remove lawmakers' power to set their
1.4own pay;amending Laws 2013, chapter 124, sections 1; 2; proposing coding for
1.5new law in Minnesota Statutes, chapter 15A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [15A.0825] LEGISLATIVE SALARY COUNCIL.
1.8 Subdivision 1. Membership. (a) The Legislative Salary Council consists of the
1.9following members:
1.10(1) one person, who is not a judge, from each congressional district, appointed by
1.11the chief justice of the Supreme Court; and
1.12(2) one person from each congressional district, appointed by the governor.
1.13(b) If Minnesota has an odd number of congressional districts, the governor and the
1.14chief justice must each appoint an at-large member, in addition to a member from each
1.15congressional district.
1.16(c) One-half of the members appointed by the governor and one-half of the members
1.17appointed by the chief justice must belong to the political party that has the most members
1.18in the legislature. One-half of the members appointed by the governor and one-half of
1.19the members appointed by the chief justice must belong to the political party that has the
1.20second most members in the legislature.
1.21(d) None of the members of the council may be:
1.22(1) a current or former legislator, or the spouse of a current legislator;
1.23(2) a current or former lobbyist registered under Minnesota law; or
1.24(3) a current employee of the legislature.
2.1 Subd. 2. Initial appointment; convening authority; first meeting. Appointing
2.2authorities must make their initial appointments by January 2, 2017. The governor shall
2.3designate one member to convene and chair the first meeting of the council. The first
2.4meeting must be before January 15, 2017. At its first meeting, the council must elect a
2.5chair from among its members. Members that reside in an even-numbered congressional
2.6district serve a first term ending January 15, 2019. Members residing in an odd-numbered
2.7congressional district serve a first term ending January 15, 2021.
2.8 Subd. 3. Terms. (a) Except for initial terms and for the first term following
2.9redistricting, a term is four years or until new appointments are made after congressional
2.10redistricting as provided in subdivision 4. Members may serve no more than two full
2.11terms or portions of two consecutive terms.
2.12(b) If a member ceases to reside in the congressional district that the member
2.13resided in at the time of appointment as a result of moving or redistricting, the appointing
2.14authority who appointed the member must appoint a replacement who resides in the
2.15congressional district to serve the unexpired term.
2.16 Subd. 4. Appointments following redistricting. Appointing authorities shall make
2.17appointments within three months after a congressional redistricting plan is adopted.
2.18Members that reside in an even-numbered district shall be appointed to a term of two
2.19years following redistricting. Members that reside in an odd-numbered district shall be
2.20appointed to a term of four years following redistricting.
2.21 Subd. 5. Removal; vacancies. Members may be removed only for cause, after
2.22notice and a hearing, for missing three consecutive meetings, or as a result of redistricting.
2.23The chair of the council or a designee shall inform the appointing authority of a member
2.24missing three consecutive meetings. After the second consecutively missed meeting and
2.25before the next meeting, the chair or a designee shall notify the member in writing that
2.26the member may be removed for missing the next meeting. In the case of a vacancy
2.27on the board, the appointing authority shall appoint a person to fill the vacancy for the
2.28remainder of the unexpired term.
2.29 Subd. 6. Compensation. Members shall be compensated under section 15.059,
2.30subdivision 3.
2.31 Subd. 7. Duties. By March 31 of each odd-numbered year, the council must prescribe
2.32salaries for legislators to take effect July 1 of that year. In setting salaries, the council must
2.33take into account any other legislative compensation provided to the legislators by the
2.34state. The council must submit a report by March 31 of each odd-numbered year with
2.35the prescribed salaries to the governor, the majority and minority leaders of the senate
2.36and the house of representatives, the chairs of the committees in the senate and the house
3.1of representatives with jurisdiction over the legislature's budget, and the chairs of the
3.2committees in the senate and house of representatives with jurisdiction over finance. The
3.3report must describe the council's rationale for selecting the prescribed salaries.
3.4 Subd. 8. Chair. The commission shall elect a chair from among its members.
3.5 Subd. 9. Staffing. The Legislative Coordinating Commission shall provide
3.6administrative and support services for the council.
3.7EFFECTIVE DATE.This section is effective upon adoption of the constitutional
3.8amendment proposed under Laws 2013, chapter 124.
3.9 Sec. 2. Laws 2013, chapter 124, section 1, is amended to read:
3.10 Section 1. CONSTITUTIONAL AMENDMENT PROPOSED.
3.11An amendment to the Minnesota Constitution is proposed to the people. If the
3.12amendment is adopted, article IV, section 9, will read:
3.13Sec. 9. The salary of senators and representatives shall be prescribed by a council
3.14consisting of the following members: one person who is not a judge from each
3.15congressional district appointed by the chief justice of the Supreme Court, and one
3.16member from each congressional district appointed by the governor. If Minnesota has
3.17an odd number of congressional districts, the governor and the chief justice must each
3.18appoint an at-large member in addition to a member from each congressional district.
3.19One-half of the members appointed by the governor and one-half of the members
3.20appointed by the chief justice must belong to the political party that has the most members
3.21in the legislature. One-half of the members appointed by the governor and one-half of
3.22the members appointed by the chief justice must belong to the political party that has the
3.23second-most members in the legislature. None of the members of the council may be
3.24current or former legislators, or the spouse of a current legislator. None of the members of
3.25the council may be current or former lobbyists registered under Minnesota law. None of
3.26the members of the council may be a current employee of the legislature. Membership
3.27terms, removal, and compensation of members shall be as provided by law. The council
3.28must prescribe salaries by March 31 of each odd-numbered year, taking into account any
3.29other legislative compensation provided to legislators by the state of Minnesota, with any
3.30changes in salary to take effect on July 1 of that year. Any salary increase for legislators
3.31authorized in law by the legislature after January 5, 2015, is repealed.
3.32 Sec. 3. Laws 2013, chapter 124, section 2, is amended to read:
3.33 Sec. 2. SCHEDULE AND QUESTION.
4.1(a) The proposed amendment must be submitted to the people at the 2016 general
4.2election. The question submitted must be:
4.3"Shall the Minnesota Constitution be amended to removelegislators' ability
4.4 state lawmakers' power to set their own salaries, and instead establish an independent,
4.5citizens-only council to prescribe salaries forlegislators lawmakers?
4.8(b) The title required under Minnesota Statutes, section 204D.15, subdivision 1, for
4.9the question submitted to the people under paragraph (a) shall be: "Remove Lawmakers'
4.10Power to Set Their Own Pay."
1.3a proposed constitutional amendment to remove lawmakers' power to set their
1.4own pay;amending Laws 2013, chapter 124, sections 1; 2; proposing coding for
1.5new law in Minnesota Statutes, chapter 15A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [15A.0825] LEGISLATIVE SALARY COUNCIL.
1.8 Subdivision 1. Membership. (a) The Legislative Salary Council consists of the
1.9following members:
1.10(1) one person, who is not a judge, from each congressional district, appointed by
1.11the chief justice of the Supreme Court; and
1.12(2) one person from each congressional district, appointed by the governor.
1.13(b) If Minnesota has an odd number of congressional districts, the governor and the
1.14chief justice must each appoint an at-large member, in addition to a member from each
1.15congressional district.
1.16(c) One-half of the members appointed by the governor and one-half of the members
1.17appointed by the chief justice must belong to the political party that has the most members
1.18in the legislature. One-half of the members appointed by the governor and one-half of
1.19the members appointed by the chief justice must belong to the political party that has the
1.20second most members in the legislature.
1.21(d) None of the members of the council may be:
1.22(1) a current or former legislator, or the spouse of a current legislator;
1.23(2) a current or former lobbyist registered under Minnesota law; or
1.24(3) a current employee of the legislature.
2.1 Subd. 2. Initial appointment; convening authority; first meeting. Appointing
2.2authorities must make their initial appointments by January 2, 2017. The governor shall
2.3designate one member to convene and chair the first meeting of the council. The first
2.4meeting must be before January 15, 2017. At its first meeting, the council must elect a
2.5chair from among its members. Members that reside in an even-numbered congressional
2.6district serve a first term ending January 15, 2019. Members residing in an odd-numbered
2.7congressional district serve a first term ending January 15, 2021.
2.8 Subd. 3. Terms. (a) Except for initial terms and for the first term following
2.9redistricting, a term is four years or until new appointments are made after congressional
2.10redistricting as provided in subdivision 4. Members may serve no more than two full
2.11terms or portions of two consecutive terms.
2.12(b) If a member ceases to reside in the congressional district that the member
2.13resided in at the time of appointment as a result of moving or redistricting, the appointing
2.14authority who appointed the member must appoint a replacement who resides in the
2.15congressional district to serve the unexpired term.
2.16 Subd. 4. Appointments following redistricting. Appointing authorities shall make
2.17appointments within three months after a congressional redistricting plan is adopted.
2.18Members that reside in an even-numbered district shall be appointed to a term of two
2.19years following redistricting. Members that reside in an odd-numbered district shall be
2.20appointed to a term of four years following redistricting.
2.21 Subd. 5. Removal; vacancies. Members may be removed only for cause, after
2.22notice and a hearing, for missing three consecutive meetings, or as a result of redistricting.
2.23The chair of the council or a designee shall inform the appointing authority of a member
2.24missing three consecutive meetings. After the second consecutively missed meeting and
2.25before the next meeting, the chair or a designee shall notify the member in writing that
2.26the member may be removed for missing the next meeting. In the case of a vacancy
2.27on the board, the appointing authority shall appoint a person to fill the vacancy for the
2.28remainder of the unexpired term.
2.29 Subd. 6. Compensation. Members shall be compensated under section 15.059,
2.30subdivision 3.
2.31 Subd. 7. Duties. By March 31 of each odd-numbered year, the council must prescribe
2.32salaries for legislators to take effect July 1 of that year. In setting salaries, the council must
2.33take into account any other legislative compensation provided to the legislators by the
2.34state. The council must submit a report by March 31 of each odd-numbered year with
2.35the prescribed salaries to the governor, the majority and minority leaders of the senate
2.36and the house of representatives, the chairs of the committees in the senate and the house
3.1of representatives with jurisdiction over the legislature's budget, and the chairs of the
3.2committees in the senate and house of representatives with jurisdiction over finance. The
3.3report must describe the council's rationale for selecting the prescribed salaries.
3.4 Subd. 8. Chair. The commission shall elect a chair from among its members.
3.5 Subd. 9. Staffing. The Legislative Coordinating Commission shall provide
3.6administrative and support services for the council.
3.7EFFECTIVE DATE.This section is effective upon adoption of the constitutional
3.8amendment proposed under Laws 2013, chapter 124.
3.9 Sec. 2. Laws 2013, chapter 124, section 1, is amended to read:
3.10 Section 1. CONSTITUTIONAL AMENDMENT PROPOSED.
3.11An amendment to the Minnesota Constitution is proposed to the people. If the
3.12amendment is adopted, article IV, section 9, will read:
3.13Sec. 9. The salary of senators and representatives shall be prescribed by a council
3.14consisting of the following members: one person who is not a judge from each
3.15congressional district appointed by the chief justice of the Supreme Court, and one
3.16member from each congressional district appointed by the governor. If Minnesota has
3.17an odd number of congressional districts, the governor and the chief justice must each
3.18appoint an at-large member in addition to a member from each congressional district.
3.19One-half of the members appointed by the governor and one-half of the members
3.20appointed by the chief justice must belong to the political party that has the most members
3.21in the legislature. One-half of the members appointed by the governor and one-half of
3.22the members appointed by the chief justice must belong to the political party that has the
3.23second-most members in the legislature. None of the members of the council may be
3.24current or former legislators, or the spouse of a current legislator. None of the members of
3.25the council may be current or former lobbyists registered under Minnesota law. None of
3.26the members of the council may be a current employee of the legislature. Membership
3.27terms, removal, and compensation of members shall be as provided by law. The council
3.28must prescribe salaries by March 31 of each odd-numbered year, taking into account any
3.29other legislative compensation provided to legislators by the state of Minnesota, with any
3.30changes in salary to take effect on July 1 of that year. Any salary increase for legislators
3.31authorized in law by the legislature after January 5, 2015, is repealed.
3.32 Sec. 3. Laws 2013, chapter 124, section 2, is amended to read:
3.33 Sec. 2. SCHEDULE AND QUESTION.
4.1(a) The proposed amendment must be submitted to the people at the 2016 general
4.2election. The question submitted must be:
4.3"Shall the Minnesota Constitution be amended to remove
4.4 state lawmakers' power to set their own salaries, and instead establish an independent,
4.5citizens-only council to prescribe salaries for
| 4.6 |
Yes ..... |
||
| 4.7 |
No
.....
" |
4.9the question submitted to the people under paragraph (a) shall be: "Remove Lawmakers'
4.10Power to Set Their Own Pay."
