Bill Text: MN SF1689 | 2011-2012 | 87th Legislature | Chaptered
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-Chaptered.html
CHAPTER 192--S.F.No. 1689
An act
relating to veterans affairs; providing a waiver of immunity for veterans to sue the state of Minnesota as an employer in federal or other courts for
violation of the Uniformed Services Employment and Reemployment Rights
Act; giving special emphasis to recruitment of veterans for state employment;
allowing a leave of absence from public employment during convalescence for
injury or disease incurred during active service; extending reemployment rights
protections to certain nonpublic employees; increasing credits for veterans in
open examination ratings for public employment;amending Minnesota Statutes
2010, sections 1.05, by adding a subdivision; 43A.09; 192.261, subdivisions 1,
6; 197.455, subdivisions 4, 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2010, section 1.05, is amended by adding a subdivision
to read:
Subd. 5. Uniformed Services Employment and Reemployment Rights Act
(USERRA). An employee, former employee, or prospective employee of the state
who is aggrieved by the state's violation of the Uniformed Services Employment and
Reemployment Rights Act, United States Code, title 38, sections 4301 to 4333, as
amended, may bring a civil action against the state in federal court or another court of
competent jurisdiction for legal or equitable relief that will effectuate the purposes of
that act.
EFFECTIVE DATE; APPLICATION.This section is effective the day following
final enactment and applies to civil actions pending on or commenced on or after that date.
Sec. 2. Minnesota Statutes 2010, section 43A.09, is amended to read:
43A.09 RECRUITMENT.
The commissioner in cooperation with appointing authorities of all state agencies
shall maintain an active recruiting program publicly conducted and designed to attract
sufficient numbers of well-qualified people to meet the needs of the civil service, and to
enhance the image and public esteem of state service employment. Special emphasis shall
be given to recruitment of veterans and protected group members to assist state agencies
in meeting affirmative action goals to achieve a balanced work force.
Sec. 3. Minnesota Statutes 2010, section 192.261, subdivision 1, is amended to read:
Subdivision 1. Leave of absence without pay. Subject to the conditions hereinafter
prescribed, any officer or employee of the state or of any political subdivision, municipal
corporation, or other public agency of the state who: (1) engages in active service in time
of war or other emergency declared by proper authority in any of the military or naval
forces of the state or of the United States for which leave is not otherwise allowed by
law; or (2) during convalescence for an injury or disease incurred during active service, as
documented by a line-of-duty determination form signed by proper military authority, and
any other documentation as reasonably requested by the employer; shall be entitled to
leave of absence from the officer's or employee's public office or employment without pay
during such service, with right of reinstatement as hereinafter provided. Such leave of
absence without pay, whether heretofore or hereafter, shall not extend beyond four years
plus such additional time in each case as such an officer or employee may be required
to serve pursuant to law. This shall not be construed to preclude the allowance of leave
with pay for such service to any person entitled thereto under section
of section
as such sections pertain to the state employees retirement association or its members.
"Active service" has the meaning given the term in section 190.05, subdivision 5.
EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 4. Minnesota Statutes 2010, section 192.261, subdivision 6, is amended to read:
Subd. 6. State emergencies; reemployment rights of nonpublic employees. A
person who engages in active service in the military forces in time of emergency declared
by the proper authority of
state or of any political subdivision, municipal corporation, or other public agency of
extent as granted to officers and employees of
municipal corporation, or other public agency of
provisions of this subdivision shall not entitle a person given leave and reinstatement
rights by this subdivision to any pay during such service as provided by section
The provisions of this subdivision do not apply to situations in which the person's
reemployment rights are protected by United States Code Annotated, appendix 50, section
459(g) of the Selective Service Act of 1967.
Sec. 5. Minnesota Statutes 2010, section 197.455, subdivision 4, is amended to read:
Subd. 4. Nondisabled veteran's credit. There shall be added to the competitive
open examination rating of a nondisabled veteran, who so elects, a credit of
points provided that the veteran obtained a passing rating on the examination without
the addition of the credit points.
Sec. 6. Minnesota Statutes 2010, section 197.455, subdivision 5, is amended to read:
Subd. 5. Disabled veteran's credit. There shall be added to the competitive open
examination rating of a disabled veteran, who so elects, a credit of
that the veteran obtained a passing rating on the examination without the addition of the
credit points. There shall be added to the competitive promotional examination rating of
a disabled veteran, who so elects, a credit of five points provided that (1) the veteran
obtained a passing rating on the examination without the addition of the credit points; and
(2) the veteran is applying for a first promotion after securing public employment.
Sec. 7. EFFECTIVE DATE.
Sections 1 to 6 are effective the day following final enactment.
