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; extending
1.6reemployment rights protections to certain nonpublic employees; increasing
1.7credits for veterans in open examination ratings for public employment;
1.8amending Minnesota Statutes 2010, sections 1.05, by adding a subdivision;
1.943A.09; 192.261, subdivision 6; 197.455, subdivisions 4, 5.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2010, section 1.05, is amended by adding a subdivision
1.12to read:
1.13 Subd. 5. Uniformed Services Employment and Reemployment Rights Act
1.14(USERRA). An employee, former employee, or prospective employee of the state
1.15who is aggrieved by the state's violation of the Uniformed Services Employment and
1.16Reemployment Rights Act, United States Code, title 38, sections 4301 to 4333, as
1.17amended, may bring a civil action against the state in federal court or another court of
1.18competent jurisdiction for legal or equitable relief that will effectuate the purposes of
1.19that act.
1.20EFFECTIVE DATE.This section is effective the day following final enactment.
1.21 Sec. 2. Minnesota Statutes 2010, section 43A.09, is amended to read:
1.2243A.09 RECRUITMENT.
1.23The commissioner in cooperation with appointing authorities of all state agencies
1.24shall maintain an active recruiting program publicly conducted and designed to attract
2.1sufficient numbers of well-qualified people to meet the needs of the civil service, and to
2.2enhance the image and public esteem of state service employment. Special emphasis shall
2.3be given to recruitment of veterans and protected group members to assist state agencies
2.4in meeting affirmative action goals to achieve a balanced work force.
2.5 Sec. 3. Minnesota Statutes 2010, section 192.261, subdivision 6, is amended to read:
2.6 Subd. 6. State emergencies; reemployment rights of nonpublic employees. A
2.7person who engages in active service in the military forces in time of emergency declared
2.8by the proper authority ofthe any state who is not an officer or employee of the this
2.9state or of any political subdivision, municipal corporation, or other public agency of
2.10the this state is entitled to leave and reinstatement in the same manner and to the same
2.11extent as granted to officers and employees ofthe this state or of any political subdivision,
2.12municipal corporation, or other public agency ofthe this state by subdivisions 1 to 4. The
2.13provisions of this subdivision shall not entitle a person given leave and reinstatement
2.14rights by this subdivision to any pay during such service as provided by section192.26 .
2.15The provisions of this subdivision do not apply to situations in which the person's
2.16reemployment rights are protected by United States Code Annotated, appendix 50, section
2.17459(g) of the Selective Service Act of 1967.
2.18 Sec. 4. Minnesota Statutes 2010, section 197.455, subdivision 4, is amended to read:
2.19 Subd. 4. Nondisabled veteran's credit. There shall be added to the competitive
2.20open examination rating of a nondisabled veteran, who so elects, a credit offive ten
2.21points provided that the veteran obtained a passing rating on the examination without
2.22the addition of the credit points.
2.23 Sec. 5. Minnesota Statutes 2010, section 197.455, subdivision 5, is amended to read:
2.24 Subd. 5. Disabled veteran's credit. There shall be added to the competitive open
2.25examination rating of a disabled veteran, who so elects, a credit often 15 points provided
2.26that the veteran obtained a passing rating on the examination without the addition of the
2.27credit points. There shall be added to the competitive promotional examination rating of
2.28a disabled veteran, who so elects, a credit of five points provided that (1) the veteran
2.29obtained a passing rating on the examination without the addition of the credit points; and
2.30(2) the veteran is applying for a first promotion after securing public employment.
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; extending
1.6reemployment rights protections to certain nonpublic employees; increasing
1.7credits for veterans in open examination ratings for public employment;
1.8amending Minnesota Statutes 2010, sections 1.05, by adding a subdivision;
1.943A.09; 192.261, subdivision 6; 197.455, subdivisions 4, 5.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2010, section 1.05, is amended by adding a subdivision
1.12to read:
1.13 Subd. 5. Uniformed Services Employment and Reemployment Rights Act
1.14(USERRA). An employee, former employee, or prospective employee of the state
1.15who is aggrieved by the state's violation of the Uniformed Services Employment and
1.16Reemployment Rights Act, United States Code, title 38, sections 4301 to 4333, as
1.17amended, may bring a civil action against the state in federal court or another court of
1.18competent jurisdiction for legal or equitable relief that will effectuate the purposes of
1.19that act.
1.20EFFECTIVE DATE.This section is effective the day following final enactment.
1.21 Sec. 2. Minnesota Statutes 2010, section 43A.09, is amended to read:
1.2243A.09 RECRUITMENT.
1.23The commissioner in cooperation with appointing authorities of all state agencies
1.24shall maintain an active recruiting program publicly conducted and designed to attract
2.1sufficient numbers of well-qualified people to meet the needs of the civil service, and to
2.2enhance the image and public esteem of state service employment. Special emphasis shall
2.3be given to recruitment of veterans and protected group members to assist state agencies
2.4in meeting affirmative action goals to achieve a balanced work force.
2.5 Sec. 3. Minnesota Statutes 2010, section 192.261, subdivision 6, is amended to read:
2.6 Subd. 6. State emergencies; reemployment rights of nonpublic employees. A
2.7person who engages in active service in the military forces in time of emergency declared
2.8by the proper authority of
2.9state or of any political subdivision, municipal corporation, or other public agency of
2.10
2.11extent as granted to officers and employees of
2.12municipal corporation, or other public agency of
2.13provisions of this subdivision shall not entitle a person given leave and reinstatement
2.14rights by this subdivision to any pay during such service as provided by section
2.15The provisions of this subdivision do not apply to situations in which the person's
2.16reemployment rights are protected by United States Code Annotated, appendix 50, section
2.17459(g) of the Selective Service Act of 1967.
2.18 Sec. 4. Minnesota Statutes 2010, section 197.455, subdivision 4, is amended to read:
2.19 Subd. 4. Nondisabled veteran's credit. There shall be added to the competitive
2.20open examination rating of a nondisabled veteran, who so elects, a credit of
2.21points provided that the veteran obtained a passing rating on the examination without
2.22the addition of the credit points.
2.23 Sec. 5. Minnesota Statutes 2010, section 197.455, subdivision 5, is amended to read:
2.24 Subd. 5. Disabled veteran's credit. There shall be added to the competitive open
2.25examination rating of a disabled veteran, who so elects, a credit of
2.26that the veteran obtained a passing rating on the examination without the addition of the
2.27credit points. There shall be added to the competitive promotional examination rating of
2.28a disabled veteran, who so elects, a credit of five points provided that (1) the veteran
2.29obtained a passing rating on the examination without the addition of the credit points; and
2.30(2) the veteran is applying for a first promotion after securing public employment.
