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; allowing a
1.6leave of absence from public employment during convalescence for injury
1.7or disease incurred during active service; extending reemployment rights
1.8protections to certain nonpublic employees; increasing credits for veterans in
1.9open examination ratings for public employment;amending Minnesota Statutes
1.102010, sections 1.05, by adding a subdivision; 43A.09; 192.261, subdivisions 1,
1.116; 197.455, subdivisions 4, 5.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2010, section 1.05, is amended by adding a subdivision
1.14to read:
1.15 Subd. 5. Uniformed Services Employment and Reemployment Rights Act
1.16(USERRA). An employee, former employee, or prospective employee of the state
1.17who is aggrieved by the state's violation of the Uniformed Services Employment and
1.18Reemployment Rights Act, United States Code, title 38, sections 4301 to 4333, as
1.19amended, may bring a civil action against the state in federal court or another court of
1.20competent jurisdiction for legal or equitable relief that will effectuate the purposes of
1.21that act.
1.22EFFECTIVE DATE; APPLICATION.This section is effective the day following
1.23final enactment and applies to civil actions pending on or commenced on or after that date.
1.24 Sec. 2. Minnesota Statutes 2010, section 43A.09, is amended to read:
1.2543A.09 RECRUITMENT.
2.1The commissioner in cooperation with appointing authorities of all state agencies
2.2shall maintain an active recruiting program publicly conducted and designed to attract
2.3sufficient numbers of well-qualified people to meet the needs of the civil service, and to
2.4enhance the image and public esteem of state service employment. Special emphasis shall
2.5be given to recruitment of veterans and protected group members to assist state agencies
2.6in meeting affirmative action goals to achieve a balanced work force.
2.7 Sec. 3. Minnesota Statutes 2010, section 192.261, subdivision 1, is amended to read:
2.8 Subdivision 1. Leave of absence without pay. Subject to the conditions hereinafter
2.9prescribed, any officer or employee of the state or of any political subdivision, municipal
2.10corporation, or other public agency of the state who: (1) engages in active service in time
2.11of war or other emergency declared by proper authority in any of the military or naval
2.12forces of the state or of the United States for which leave is not otherwise allowed by
2.13law; or (2) during convalescence for an injury or disease incurred during active service, as
2.14documented by a line-of-duty determination form signed by proper military authority, and
2.15any other documentation as reasonably requested by the employer; shall be entitled to
2.16leave of absence from the officer's or employee's public office or employment without pay
2.17during such service, with right of reinstatement as hereinafter provided. Such leave of
2.18absence without pay, whether heretofore or hereafter, shall not extend beyond four years
2.19plus such additional time in each case as such an officer or employee may be required
2.20to serve pursuant to law. This shall not be construed to preclude the allowance of leave
2.21with pay for such service to any person entitled thereto under section43A.183 ,
192.26 , or
2.22471.975
. Nothing in this section contained shall affect any of the provisions or application
2.23of section352.27 nor of section
192.26 to
192.264 , or any laws amendatory thereof, insofar
2.24as such sections pertain to the state employees retirement association or its members.
2.25"Active service" has the meaning given the term in section 190.05, subdivision 5.
2.26EFFECTIVE DATE.This section is effective the day following final enactment.
2.27 Sec. 4. Minnesota Statutes 2010, section 192.261, subdivision 6, is amended to read:
2.28 Subd. 6. State emergencies; reemployment rights of nonpublic employees. A
2.29person who engages in active service in the military forces in time of emergency declared
2.30by the proper authority ofthe any state who is not an officer or employee of the this
2.31state or of any political subdivision, municipal corporation, or other public agency of
2.32the this state is entitled to leave and reinstatement in the same manner and to the same
2.33extent as granted to officers and employees ofthe this state or of any political subdivision,
2.34municipal corporation, or other public agency ofthe this state by subdivisions 1 to 4. The
3.1provisions of this subdivision shall not entitle a person given leave and reinstatement
3.2rights by this subdivision to any pay during such service as provided by section192.26 .
3.3The provisions of this subdivision do not apply to situations in which the person's
3.4reemployment rights are protected by United States Code Annotated, appendix 50, section
3.5459(g) of the Selective Service Act of 1967.
3.6 Sec. 5. Minnesota Statutes 2010, section 197.455, subdivision 4, is amended to read:
3.7 Subd. 4. Nondisabled veteran's credit. There shall be added to the competitive
3.8open examination rating of a nondisabled veteran, who so elects, a credit offive ten
3.9points provided that the veteran obtained a passing rating on the examination without
3.10the addition of the credit points.
3.11 Sec. 6. Minnesota Statutes 2010, section 197.455, subdivision 5, is amended to read:
3.12 Subd. 5. Disabled veteran's credit. There shall be added to the competitive open
3.13examination rating of a disabled veteran, who so elects, a credit often 15 points provided
3.14that the veteran obtained a passing rating on the examination without the addition of the
3.15credit points. There shall be added to the competitive promotional examination rating of
3.16a disabled veteran, who so elects, a credit of five points provided that (1) the veteran
3.17obtained a passing rating on the examination without the addition of the credit points; and
3.18(2) the veteran is applying for a first promotion after securing public employment.
3.19 Sec. 7. EFFECTIVE DATE.
3.20Sections 1 to 6 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; allowing a
1.6leave of absence from public employment during convalescence for injury
1.7or disease incurred during active service; extending reemployment rights
1.8protections to certain nonpublic employees; increasing credits for veterans in
1.9open examination ratings for public employment;amending Minnesota Statutes
1.102010, sections 1.05, by adding a subdivision; 43A.09; 192.261, subdivisions 1,
1.116; 197.455, subdivisions 4, 5.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2010, section 1.05, is amended by adding a subdivision
1.14to read:
1.15 Subd. 5. Uniformed Services Employment and Reemployment Rights Act
1.16(USERRA). An employee, former employee, or prospective employee of the state
1.17who is aggrieved by the state's violation of the Uniformed Services Employment and
1.18Reemployment Rights Act, United States Code, title 38, sections 4301 to 4333, as
1.19amended, may bring a civil action against the state in federal court or another court of
1.20competent jurisdiction for legal or equitable relief that will effectuate the purposes of
1.21that act.
1.22EFFECTIVE DATE; APPLICATION.This section is effective the day following
1.23final enactment and applies to civil actions pending on or commenced on or after that date.
1.24 Sec. 2. Minnesota Statutes 2010, section 43A.09, is amended to read:
1.2543A.09 RECRUITMENT.
2.1The commissioner in cooperation with appointing authorities of all state agencies
2.2shall maintain an active recruiting program publicly conducted and designed to attract
2.3sufficient numbers of well-qualified people to meet the needs of the civil service, and to
2.4enhance the image and public esteem of state service employment. Special emphasis shall
2.5be given to recruitment of veterans and protected group members to assist state agencies
2.6in meeting affirmative action goals to achieve a balanced work force.
2.7 Sec. 3. Minnesota Statutes 2010, section 192.261, subdivision 1, is amended to read:
2.8 Subdivision 1. Leave of absence without pay. Subject to the conditions hereinafter
2.9prescribed, any officer or employee of the state or of any political subdivision, municipal
2.10corporation, or other public agency of the state who: (1) engages in active service in time
2.11of war or other emergency declared by proper authority in any of the military or naval
2.12forces of the state or of the United States for which leave is not otherwise allowed by
2.13law; or (2) during convalescence for an injury or disease incurred during active service, as
2.14documented by a line-of-duty determination form signed by proper military authority, and
2.15any other documentation as reasonably requested by the employer; shall be entitled to
2.16leave of absence from the officer's or employee's public office or employment without pay
2.17during such service, with right of reinstatement as hereinafter provided. Such leave of
2.18absence without pay, whether heretofore or hereafter, shall not extend beyond four years
2.19plus such additional time in each case as such an officer or employee may be required
2.20to serve pursuant to law. This shall not be construed to preclude the allowance of leave
2.21with pay for such service to any person entitled thereto under section
2.23of section
2.24as such sections pertain to the state employees retirement association or its members.
2.25"Active service" has the meaning given the term in section 190.05, subdivision 5.
2.26EFFECTIVE DATE.This section is effective the day following final enactment.
2.27 Sec. 4. Minnesota Statutes 2010, section 192.261, subdivision 6, is amended to read:
2.28 Subd. 6. State emergencies; reemployment rights of nonpublic employees. A
2.29person who engages in active service in the military forces in time of emergency declared
2.30by the proper authority of
2.31state or of any political subdivision, municipal corporation, or other public agency of
2.32
2.33extent as granted to officers and employees of
2.34municipal corporation, or other public agency of
3.1provisions of this subdivision shall not entitle a person given leave and reinstatement
3.2rights by this subdivision to any pay during such service as provided by section
3.3The provisions of this subdivision do not apply to situations in which the person's
3.4reemployment rights are protected by United States Code Annotated, appendix 50, section
3.5459(g) of the Selective Service Act of 1967.
3.6 Sec. 5. Minnesota Statutes 2010, section 197.455, subdivision 4, is amended to read:
3.7 Subd. 4. Nondisabled veteran's credit. There shall be added to the competitive
3.8open examination rating of a nondisabled veteran, who so elects, a credit of
3.9points provided that the veteran obtained a passing rating on the examination without
3.10the addition of the credit points.
3.11 Sec. 6. Minnesota Statutes 2010, section 197.455, subdivision 5, is amended to read:
3.12 Subd. 5. Disabled veteran's credit. There shall be added to the competitive open
3.13examination rating of a disabled veteran, who so elects, a credit of
3.14that the veteran obtained a passing rating on the examination without the addition of the
3.15credit points. There shall be added to the competitive promotional examination rating of
3.16a disabled veteran, who so elects, a credit of five points provided that (1) the veteran
3.17obtained a passing rating on the examination without the addition of the credit points; and
3.18(2) the veteran is applying for a first promotion after securing public employment.
3.19 Sec. 7. EFFECTIVE DATE.
3.20Sections 1 to 6 are effective the day following final enactment.
