1.1.................... moves to amend H.F. No. 2117 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2012, section 197.46, is amended to read:
1.4197.46 VETERANS PREFERENCE ACT; REMOVAL FORBIDDEN; RIGHT
1.5OF MANDAMUS.
1.6(a) Any person whose rights may be in any way prejudiced contrary to any of the
1.7provisions of this section, shall be entitled to a writ of mandamus to remedy the wrong.
1.8No person holding a position by appointment or employment in the several counties,
1.9cities, towns, school districts and all other political subdivisions in the state, who is a
1.10veteran separated from the military service under honorable conditions, shall be removed
1.11from such position or employment except for incompetency or misconduct shown after a
1.12hearing, upon due notice, upon stated charges, in writing.
1.13(b) Any veteran who has been notified of the intent to discharge the veteran from an
1.14appointed position or employment pursuant to this section shall be notified in writing of
1.15such intent to discharge and of the veteran's right to request a hearing within 60 days of
1.16receipt of the notice of intent to discharge. The failure of a veteran to request a hearing
1.17within the provided 60-day period shall constitute a waiver of the right to a hearing. Such
1.18failure shall also waive all other available legal remedies for reinstatement.
1.19Request for a hearing concerning such a discharge shall be made in writing and
1.20submitted by mail or personal service to the employment office of the concerned employer
1.21or other appropriate office or person.
1.22In all governmental subdivisions having an established civil service board or
1.23commission, or merit system authority, such hearing for removal or discharge shall be
1.24held before such civil service board or commission or merit system authority. Where no
1.25such civil service board or commission or merit system authority exists, such hearing
1.26 (c) Hearings conducted under this section shall be held by a board of three persons
2.1appointed as follows: one by the governmental subdivision, one by the veteran, and the
2.2third by the two so selected. In the event that the hearing is authorized to be held before
2.3a three-person board, the governmental subdivision's notice of intent to discharge shall
2.4state that the veteran must respond within 60 days of receipt of the notice of intent to
2.5discharge, and provide in writing to the governmental subdivision the name, United States
2.6mailing address, and telephone number of the veteran's selected representative for the
2.7three-person board. The failure of a veteran to submit the name, address, and telephone
2.8number of the veteran's selected representative to the governmental subdivision by mail or
2.9by personal service within the provided notice's 60-day period, shall constitute a waiver of
2.10the veteran's right to the hearing and all other legal remedies available for reinstatement of
2.11the veteran's employment position. In the event the two persons selected by the veteran
2.12and governmental subdivision do not appoint the third person within ten days after the
2.13appointment of the last of the two, then the judge of the district court of the county
2.14wherein the proceeding is pending, or if there be more than one judge in said county then
2.15any judge in chambers, shall have jurisdiction to appoint, and upon application of either or
2.16both of the two so selected shall appoint, the third person to the board and the person so
2.17appointed by the judge with the two first selected shall constitute the board.
2.18(d) Either the veteran or the governmental subdivision may appeal from the decision
2.19of the board upon the charges to the district court by causing written notice of appeal,
2.20stating the grounds thereof, to be served upon the other party within 15 days after notice of
2.21the decision and by filing the original notice of appeal with proof of service thereof in the
2.22office of the court administrator of the district court within ten days after service thereof.
2.23Nothing in section 197.455 or this section shall be construed to apply to the position of
2.24private secretary, superintendent of schools, or one chief deputy of any elected official
2.25or head of a department, or to any person holding a strictly confidential relation to the
2.26appointing officer. Nothing in this section shall be construed to apply to the position of
2.27teacher. The burden of establishing such relationship shall be upon the appointing officer
2.28in all proceedings and actions relating thereto.
2.29(e) The governmental subdivision shall bear all costs associated with the hearing,
2.30except the veterans attorneys fees.
2.31(f) All officers, boards, commissions, and employees shall conform to, comply with,
2.32and aid in all proper ways in carrying into effect the provisions of section 197.455 and this
2.33section notwithstanding any laws, charter provisions, ordinances or rules to the contrary.
2.34Any willful violation of such sections by officers, officials, or employees is a misdemeanor.
2.35EFFECTIVE DATE.This section applies to termination notices issued on or after
2.36the day following final enactment."
3.1Delete the title and insert:
3.3relating to relating to veterans; veterans preference; repealing civil service board;
3.4assigning cost;amending Minnesota Statutes 2012, section 197.46."