Bill Text: MN SF2575 | 2013-2014 | 88th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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

1.1A bill for an act
1.2relating to state government; establishing a legislative salary council; modifying
1.3a proposed constitutional amendment to stop lawmakers from setting their own
1.4pay;amending Laws 2013, chapter 124, sections 1; 2; proposing coding for new
1.5law 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 or former spouse of a current or
1.23former legislator;
1.24(2) a current or former lobbyist registered under Minnesota law, or a current or
1.25former spouse of a current or former lobbyist registered under Minnesota law; or
2.1(3) a current or former employee of the legislature, or a current or former spouse of a
2.2current or former employee of the legislature.
2.3    Subd. 2. Initial appointment; convening authority; first meeting. Appointing
2.4authorities must make their initial appointments by November 30, 2016. The governor
2.5shall designate one member to convene and chair the first meeting of the council. The first
2.6meeting must be before January 15, 2017. At its first meeting, the council must elect a
2.7chair from among its members. Members that reside in an even-numbered congressional
2.8district shall serve a first term ending January 15, 2019. Members residing in an
2.9odd-numbered congressional district will serve a first term that ends January 15, 2021.
2.10    Subd. 3. Terms. (a) Except for initial terms, a term is four years, or until new
2.11appointments are made after congressional redistricting as provided in subdivision 4.
2.12Members may serve no more than two full terms or portions of two consecutive terms.
2.13(b) If a member ceases to reside in the congressional district that the member
2.14resided in at the time of appointment as a result of moving or redistricting, the appointing
2.15authority who appointed the member must appoint a replacement who resides in the
2.16congressional district to serve the unexpired term.
2.17    Subd. 4. Appointments following redistricting. Appointing authorities shall make
2.18appointments within three months after the legislature adopts a congressional redistricting
2.19plan.
2.20    Subd. 5. Removal; vacancies. Members may be removed only for cause, after
2.21notice and a hearing, for missing three consecutive meetings, or as a result of redistricting.
2.22The chair of the council or a designee shall inform the appointing authority of a member
2.23missing three consecutive meetings. After the second consecutive missed meeting and
2.24before the next meeting, the chair or a designee shall notify the member in writing that
2.25the member may be removed for missing the next meeting. In the case of a vacancy
2.26on the board, the appointing authority shall appoint a person to fill the vacancy for the
2.27remainder of the unexpired term.
2.28    Subd. 6. Compensation. Members shall be compensated under section 15.059,
2.29subdivision 3.
2.30    Subd. 7. Duties. By March 31 of each odd-numbered year, the council must prescribe
2.31salaries for legislators to take effect July 1 of that year. In setting salaries, the council must
2.32take into account any other legislative compensation provided to the legislators by the
2.33state of Minnesota. The council must submit a report by March 31 of each odd-numbered
2.34year with the prescribed salaries to the governor, the majority and minority leaders of the
2.35senate and the house of representatives, the chairs of the committees in the senate and the
2.36house of representatives with jurisdiction over the legislature's budget, and the chairs of
3.1the committees in the senate and house of representatives with jurisdiction over finance.
3.2The report must describe the council's rationale for selecting the prescribed salaries.
3.3    Subd. 8. Chair. The commission shall elect a chair from among its members.
3.4    Subd. 9. Staffing. The Legislative Coordinating Commission shall provide
3.5administrative and support services for the council.
3.6EFFECTIVE DATE.This section is effective upon adoption of the constitutional
3.7amendment proposed under Laws 2013, chapter 124.

3.8    Sec. 2. Laws 2013, chapter 124, section 1, is amended to read:
3.9    Section 1. CONSTITUTIONAL AMENDMENT PROPOSED.
3.10An amendment to the Minnesota Constitution is proposed to the people. If the
3.11amendment is adopted, article IV, section 9, will read:
3.12Sec. 9. The salary of senators and representatives shall be prescribed by a council
3.13consisting of the following members: one person who is not a judge from each
3.14congressional district appointed by the chief justice of the Supreme Court, and one
3.15member from each congressional district appointed by the governor. If Minnesota has an
3.16odd number of congressional districts, the governor and the chief justice must each appoint
3.17an at-large member in addition to a member from each congressional district. One-half of
3.18the members appointed by the governor and one-half of the members appointed by the
3.19chief justice must belong to the political party that has the most members in the legislature.
3.20One-half of the members appointed by the governor and one-half of the members
3.21appointed by the chief justice must belong to the political party that has the second-most
3.22members in the legislature. None of the members of the council may be current or former
3.23legislators, or the spouse or former spouse of a current or former legislator. None of the
3.24members of the council may be current or former lobbyists registered under Minnesota
3.25law, or a current or former spouse of a current or former lobbyist registered under
3.26Minnesota law. None of the members of the council may be a current or former employee
3.27of the legislature, or a current or former spouse of a current or former employee of the
3.28legislature. Membership terms, removal, and compensation of members shall be as
3.29provided by law. The council must prescribe salaries by March 31 of each odd-numbered
3.30year, taking into account any other legislative compensation provided to legislators by the
3.31state of Minnesota, with any changes in salary to take effect on July 1 of that year.

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 state legislators' ability
4.4to set their own salaries, and instead establish an independent, citizens-only council to
4.5prescribe salaries for state legislators?
4.6
Yes
.....
4.7
No ..... "
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: "Stop Lawmakers
4.10From Setting Their Own Pay."
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