Minnesota House of Representatives

Similar documents
Minnesota House of Representatives

Sec moves to amend H.F. No as follows: 1.2 Delete everything after the enacting clause and insert:

As Introduced. 131st General Assembly Regular Session H. B. No Representative Gerberry A B I L L

Section moves to amend H.F. No as follows: 1.2 Delete everything after the enacting clause and insert:

THE NEW JERSEY STATE LEGISLATURE

(132nd General Assembly) (Substitute Senate Joint Resolution Number 5) A JOINT RESOLUTION

{As Amended by House Committee of the Whole} As Amended by House Committee. As Amended by Senate Committee. SENATE BILL No. 50

3 2fl17 (0:9901. Colorado Secretary of State Be it Enacted by the People ofthe State ofcolorado:

Colorado Secretary of State Toni Larson League of Women Voters of Colorado 1410 Grant, Suite B204, Denver, Co Toni.Larsongmail.

City Charter. Mankato City Charter Section 2. 07: Vacancies, Forfeiture of Office, Filling of Vacancies. Page 1 of 1

CACHE COUNTY REPUBLICAN PARTY (Cache GOP) BY-LAWS

Pennsylvania Bar Association CONSTITUTIONAL REVIEW COMMISSION

Senate Bill No. 251 Senator Kieckhefer. Joint Sponsors: Assemblymen Smith, Brooks and Hansen

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL INTRODUCED BY COSTA, FONTANA, STREET, BOSCOLA AND BREWSTER, JUNE 15, 2017 AN ACT

Broward College Focused Report August 26, 2013

CHILD ABUSE AND NEGLECT PREVENTION ACT Act 250 of The People of the State of Michigan enact:

Article 1 Sec Senator... moves to amend S.F. No. 605 as follows: 1.2 Delete everything after the enacting clause and insert: 1.


Great River Regional Library 1300 W. St. Germain St. Cloud, Minnesota Tel Fax

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 SESSION LAW SENATE BILL 68

The Constitutional Framework of Ohio State Government

CARLISLE HOME RULE CHARTER. ARTICLE I General Provisions

MAINE REPUBLICAN PARTY BYLAWS. Adopted March 11, 1985 Amended June 14, 2014

CITY OF DEEPHAVEN CODE OF ORDINANCES CHAPTER 2 TABLE OF CONTENTS

H.B. 69 Feb 13, 2019 HOUSE PRINCIPAL CLERK

4. Approval of Private Schools

Sec moves to amend H.F. No as follows: 1.2 Delete everything after the enacting clause and insert:

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2005 H 1 HOUSE BILL 1448

AN ACT RELATING TO THE PUBLIC DEFENDER; CREATING THE PUBLIC DEFENDER COMMISSION TO OVERSEE THE OPERATION OF THE PUBLIC DEFENDER

POLK COUNTY CHARTER AS AMENDED November 4, 2008

Nonpartisan Services for Colorado's Legislature. Date: Bill Status: Fiscal Analyst: The fiscal note reflects the introduced resolution.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 1 SENATE BILL 702. Short Title: Independent Redistricting Commission. (Public)

The Executive Branch

IC Chapter 28. Commission on Hispanic/Latino Affairs

Polk County Charter. As Amended. November 6, 2018

CONSTITUTION Multiple District 5M Lions Clubs International Table of Contents (Rev. 04/22/2017) Page Article I Name 4 Article II Objects 4 Article

How to Fill a Vacancy

CHARTER [1] Footnotes: --- (1) --- Section 1 - HOME RULE CHARTER. Page 1

BYLAWS OF YOUTH LACROSSE OF MINNESOTA

Connecticut Republican. State Central Committee. Rules and Bylaws

IC Chapter 8. Centers for Independent Living

Congressional and Legislative Appointments

Fiscal Notes on. Local Government Issues in Texas. L e g i s l a t i v e B u d g e t B o a r d

TX RACIAL GERRYMANDERING

Section moves to amend H.F. No as follows: 1.2 Delete everything after the enacting clause and insert:

AUG 0 3 2m NORTH KITSAP FIRE & RESCUE AUDITOR/EL KITSAP COUN'Ty''

Mark Levin's Eleven proposed Amendments. Amendment I AN AMENDMENT TO ESTABLISH TERM LIMITS FOR MEMBERS OF CONGRESS

Title 26: LABOR AND INDUSTRY

REPUBLICAN PARTY OF DANE COUNTY. Constitution and Bylaws

AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS CONSTITUTION 1

CHARTER OF THE CITY OF WHITEFISH

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL

BYLAWS THE SEANC SCHOLARSHIP FOUNDATION, INC. BOARD OF DIRECTORS

A BILL TO BE ENTITLED AN ACT BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTIONA1.AA(a) This Act shall be known as the Texas Balance

SENATE BILL DRS45001-STf-1 (03/13) Short Title: Bi-Partisan Ethics, Elections & Court Reform. (Public)

Adopted by at a special meeting of the Board of Directors on June 19, 2019.

Utah Republican Party Constitution 2017 Official Version

AN AMENDMENT TO ESTABLISH THE ARKANSAS CITIZENS' REDISTRICTING COMMISSION

Ben Franklin Technology Development Authority Fund. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

CITY OF SACRAMENTO MEASURE L

SANTA CLARA COUNTY COMMITTEE ON SCHOOL DISTRICT ORGANIZATION BYLAWS. Adopted March 11, 1987

Nonpartisan Services for Colorado's Legislature. Date: Bill Status: Fiscal Analyst: The fiscal note reflects the introduced resolution.

143B-350. Board of Transportation organization; powers and duties, etc.

Idea developed Bill drafted

Updated: February 2018 Making Laws

BYLAWS OF THE TEXAS ASSOCIATION OF ASSESSING OFFICERS, INC.

IBERVILLE PARISH PRESIDENT-COUNCIL GOVERNMENT HOME RULE CHARTER AND AMENDMENTS

REVISOR SGS/BR A

HOUSE RESEARCH Bill Summary

CITIZENS REDISTRICTING COMMISSION PROPOSAL EXECUTIVE SUMMARY

RULES OF THE OKLAHOMA REPUBLICAN PARTY

HOME RULE CHARTER FOR ST. BERNARD PARISH, LOUISIANA

The Labour Market Commission Act

RESOLUTION NO Adopted by the Sacramento City Council. July 26, 2016

1 SB By Senators Orr and Ward. 4 RFD: Judiciary. 5 First Read: 07-FEB-17. Page 0

143B-345. Department of Transportation creation. 143B-346. Department of Transportation purpose and functions.

Legislative Branch. Part 3

Constitution Kansas County Commissioners Association (as amended November 15, 1999) ARTICLE I Name and Purpose

BYLAWS. Of the. Revised May Mission

IC Chapter Election of School Board Members in East Chicago

Restated BY-LAWS of The Association for Commuter Transportation, Inc. A Non-Profit Corporation (As Amended September 14, 2018) ARTICLE I OFFICES

The North Carolina Constitutional Provisions for Education: Textual Comparisons of North Carolina s Constitutions and Amendments.

Bylaws. Prairie Creek Community School. Booth and Lavorato Law

MISSISSIPPI LEGISLATURE REGULAR SESSION 2018

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017

Town of Scarborough, Maine Charter

Alaska Constitution Article XI: Initiative, Referendum, and Recall Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7.

2018 AAU Codebook. Sports For All, Forever. [As of 11/17/17]

INITIATIVE PETITION AMENDMENT TO THE CONSTITUTION

JOINT STANDING RULES

BYLAWS OF THE CONFERENCE OF CHIEF JUSTICES

HOUSE BILL NO. HB0040. Sponsored by: Joint Corporations, Elections & Political Subdivisions Interim Committee A BILL. for

CIRCULATOR S AFFIDAVIT

DATE ISSUED: 12/12/ of 22 UPDATE 33 BBB(LEGAL)-LJC

THE CANCER PREVENTION AND RESEARCH INSTITUTE OF TEXAS OVERSIGHT COMMITTEE BYLAWS

IC Chapter 2. General Elections

2017 ASSEMBLY JOINT RESOLUTION

BY LAWS OF MARTIN COUNTY REPUBLICAN EXECUTIVE COMMITTEE ARTICLE I OFFICES

Home Rule Charter (Incorporating changes through November 4, 2014 election)

Transcription:

Research Department Patrick J. McCormack, Director 600 State Office Building St. Paul, Minnesota 55155-1298 651-296-6753 [FAX 651-296-9887] www.house.mn/hrd/ Minnesota House of Representatives January 5, 2017 TO: Members of the Legislative Salary Council FROM: Ben Weeks, Legislative Analyst RE: Constitutional and Statutory provisions relating to the Legislative Salary Council In 2013, the legislature approved a state constitutional amendment proposal establishing the Legislative Salary Council and modifying the procedures for setting the annual salaries of state legislators. The voters ratified the amendment at the 2016 State General Election. The bill proposing the constitutional amendment included a section of statute implementing the provisions of the amendment. Both the text of the amendment and the statutory section are included with this memo, and this memo refers to them together as the law. The law requires the council to communicate its salary decisions in the form of a report. The deadline for submitting the report is March 31, 2017. Any salary changes would take effect July 1, 2017. The law requires the council to act by March 31 of each odd-numbered year to prescribe legislative salaries. New salaries would take effect on July 1 of that year. This cycle begins in 2017 and continues every two years thereafter. The report must describe the council s rationale for selecting the prescribed salaries. The following people will receive an official copy of the report: the governor the majority and minority leaders of the house and senate the chairs of the house and senate committees with jurisdiction over the legislature s budget the chairs of the house and senate committees with jurisdiction over finance The law requires the council to prescribe legislative salaries. The law is silent on whether salaries should be increased, decreased, or changed at all. But the law does require council members to consider certain items in reaching its decisions.

Research Department January 5, 2017 Minnesota House of Representatives Page 2 The law requires the council to consider any other legislative compensation provided to legislators by the state. The law does not define other legislative compensation, but example items that might be considered legislative compensation include per diem payments, insurance, and other fringe benefits. In addition to considering other sources of legislative compensation, the law requires the council to consider the most recent state budget forecast. State statute requires two budget forecasts per year. The most recent budget forecast as of the writing of this memo was released in November, 2016. Statute requires the next budget forecast be released by the end of February, 2017. There is no specific guidance in the constitution or statute on how the council should weigh other sources of compensation or the budget forecast in setting legislator salaries. The law is silent as to what would happen if the council failed to prescribe legislative salaries by the March 31 deadline. Council members must not communicate with current legislators between the first meeting of the council and the submission of the associated report. The law prohibits all communications between legislators and council members beginning after the first meeting of the council is convened, and running through the date the council submits its report. BW/jf

CONSTITUTION OF THE STATE OF MINNESOTA Adopted October 13, 1857 Generally Revised November 5, 1974 Article 1. Bill of rights. Article 8. Impeachment and removal from office. Article 2. Name and boundaries. Article 9. Amendments to the constitution. Article 3. Distribution of the powers of government. Article 10. Taxation. Article 4. Legislative department. Article 11. Appropriations and finances. Article 5. Executive department. Article 12. Special legislation; local government. Article 6. Judiciary. Article 13. Miscellaneous subjects. Article 7. Elective franchise. Article 14. Public highway system. ARTICLE IV LEGISLATIVE DEPARTMENT Sec. 9. Compensation. 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. [Amended, November 8, 2016] Copyright 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.

1 MINNESOTA STATUTES 2016 15A.0825 15A.0825 LEGISLATIVE SALARY COUNCIL. Subdivision 1. Membership. (a) The Legislative Salary Council consists of the following members: (1) one person, who is not a judge, from each congressional district, appointed by the chief justice of the Supreme Court; and (2) one person from each congressional district, appointed by the governor. (b) 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. (c) 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. (d) None of the members of the council may be: (1) a current or former legislator, or the spouse of a current legislator; (2) a current or former lobbyist registered under Minnesota law; (3) a current employee of the legislature; (4) a current or former judge; or (5) a current or former governor, lieutenant governor, attorney general, secretary of state, or state auditor. Subd. 2. Initial appointment; convening authority; first meeting. Appointing authorities must make their initial appointments by January 2, 2017. The governor shall designate one member to convene and chair the first meeting of the council. The first meeting must be before January 15, 2017. At its first meeting, the council must elect a chair from among its members. Members that reside in an even-numbered congressional district serve a first term ending January 15, 2019. Members residing in an odd-numbered congressional district serve a first term ending January 15, 2021. Subd. 3. Terms. (a) Except for initial terms and for the first term following redistricting, a term is four years or until new appointments are made after congressional redistricting as provided in subdivision 4. Members may serve no more than two full terms or portions of two consecutive terms. (b) If a member ceases to reside in the congressional district that the member resided in at the time of appointment as a result of moving or redistricting, the appointing authority who appointed the member must appoint a replacement who resides in the congressional district to serve the unexpired term. Subd. 4. Appointments following redistricting. Appointing authorities shall make appointments within three months after a congressional redistricting plan is adopted. Members that reside in an even-numbered district shall be appointed to a term of two years following redistricting. Members that reside in an odd-numbered district shall be appointed to a term of four years following redistricting. Subd. 5. Removal; vacancies. Members may be removed only for cause, after notice and a hearing, for missing three consecutive meetings, or as a result of redistricting. The chair of the council or a designee shall inform the appointing authority of a member missing three consecutive meetings. After the second consecutively missed meeting and before the next meeting, the chair or a designee shall notify the member in writing that the member may be removed for missing the next meeting. In the case of a vacancy on the Copyright 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.

15A.0825 MINNESOTA STATUTES 2016 2 council, the appointing authority shall appoint a person to fill the vacancy for the remainder of the unexpired term. Subd. 6. Compensation. Members shall be compensated under section 15.059, subdivision 3. Subd. 7. Duties. By March 31 of each odd-numbered year, the council must prescribe salaries for legislators to take effect July 1 of that year. In setting salaries, the council must take into account any other legislative compensation provided to the legislators by the state and the most recent budget forecast. The council must submit a report by March 31 of each odd-numbered year with the prescribed salaries to the governor, the majority and minority leaders of the senate and the house of representatives, the chairs of the committees in the senate and the house of representatives with jurisdiction over the legislature's budget, and the chairs of the committees in the senate and house of representatives with jurisdiction over finance. The report must describe the council's rationale for selecting the prescribed salaries. Subd. 8. Chair. The commission shall elect a chair from among its members. Subd. 9. Staffing. The Legislative Coordinating Commission shall provide administrative and support services for the council. Subd. 10. No ex parte communications. Members may not have any communication with a member of the legislature during the period after the first meeting is convened under subdivision 2 and the date the legislator salaries are submitted under subdivision 7. History: 2014 c 282 s 1 NOTE: This section, as added by Laws 2014, chapter 282, section 1, is effective upon adoption of the constitutional amendment proposed under Laws 2013, chapter 124, as amended by Laws 2014, chapter 282, sections 2 and 3. Laws 2014, chapter 282, section 1, the effective date. Copyright 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.