1.1 	A bill for an act
1.2 	relating to public officials; expanding a leave of
1.3 	absence provision to include elected tribal government
1.4 	officials; amending Minnesota Statutes 2004, section
1.5 	3.088, subdivisions 1, 2, 3.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 3.088,
1.8 	subdivision 1, is amended to read:
1.9 		Subdivision 1.Leave of absence without pay.  Subject to
1.10 	this section, any appointed officer or employee of a political
1.11 	subdivision, municipal corporation, or school district of the
1.12 	state or an institution of learning maintained by the state who
1.13 	serves as:  (1) a legislator or is elected to ; (2) a
1.14 	full-time elected city or county office official in Minnesota;
1.15 	or (3) a full-time elected member of an Indian business
1.16 	committee, board of trustees, or tribal council,is entitled to
1.17 	a leave of absence from the public office or to employment
1.18 	without pay when on the business of the office, with right of
1.19 	reinstatement as provided in this section.

1.20 	Sec. 2. Minnesota Statutes 2004, section 3.088,
1.21 	subdivision 2, is amended to read:
1.22 		Subd. 2.Reinstatement.  Except as provided in this
1.23 	section, upon the completion of the last legislative day in each
1.24 	calendar year, or, in the case of an elected city or ,county, or
1.25 	tribal government official, on the completion of the final day
2.1 	of the term to which the official was elected, the officer or
2.2 	employee shall be reinstated in the public position held at the
2.3 	time of entry into the legislature or taking city or ,county, or
2.4 	tribal government office, or be placed in a public position of
2.5 	like seniority, status, and pay if it is available at the same
2.6 	salary which would have been received if the leave had not been
2.7 	taken, upon the following conditions:
2.8 	(1) that the position has not been abolished or that its
2.9 	term, if limited, has not expired;
2.10 	(2) that the legislator makes a written application for
2.11 	reinstatement to the appointing authority within 30 days after
2.12 	the last legislative day in a calendar year or, in the case of
2.13 	an elected city or ,county, or tribal government official,
2.14 	within 30 days after the expiration of the elected term; and
2.15 	(3) that the request for reinstatement is made not later
2.16 	than ten years after the granting of the leave.
2.17 	Upon reinstatement, the officer or employee shall have the same
2.18 	rights with respect to accrued and future seniority status,
2.19 	efficiency rating, vacation, insurance benefits, sick leave, and
2.20 	other benefits as if actually employed during the time of the
2.21 	leave.  No public employer is required to compensate a
2.22 	reinstated employee or officer for time spent by that employee
2.23 	or officer away from work for the employer and on the business
2.24 	of the state legislature during the period between the first and
2.25 	last legislative day in each calendar year or on the business of
2.26 	an elected city or ,county, or tribal government office.  No
2.27 	officer or employee reinstated shall be removed or discharged
2.28 	within one year after reinstatement except for cause and after
2.29 	notice and hearing, but this does not extend a term of service
2.30 	limited by law.

2.31 	Sec. 3. Minnesota Statutes 2004, section 3.088,
2.32 	subdivision 3, is amended to read:
2.33 		Subd. 3.Pension and retirement rights.  A public officer
2.34 	or employee who receives leave of absence under this section or
2.35 	is elected as a state constitutional officer and has rights in a
2.36 	state, municipal, or other public pension, retirement, or relief
3.1 	system shall retain all the rights accrued up to the time of
3.2 	taking leave.  Time spent by the employee as a member of the
3.3 	legislature or as an elected city or ,county, or tribal
3.4 	government official or state constitutional officer shall be
3.5 	calculated in the same manner as if the employee had spent that
3.6 	time in the service of the public employer for the purpose of
3.7 	determining vesting of the employee's rights in the employer's
3.8 	pension, retirement, or relief system.  Under no circumstances
3.9 	shall two governmental units pay the employee's share of pension
3.10 	contributions when the employee is on leave of absence to serve
3.11 	in the legislature or as an elected city or ,county, or tribal
3.12 	government official.

3.13 	Sec. 4. EFFECTIVE DATE; APPLICATION.
 3.14 	Sections 1 to 3 are effective retroactively from June 1,
3.15 	2004, and apply to tribal government officials elected on or
3.16 	after that date.