HF 1943

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state employment; extending certain 
  1.3             waivers for the Minnesota housing finance agency; 
  1.4             extending civil service pilot projects; amending Laws 
  1.5             1993, chapter 301, section 1, subdivision 4, as 
  1.6             amended; Laws 1995, chapter 248, article 12, section 
  1.7             2, as amended; Laws 1995, chapter 248, article 13, 
  1.8             section 2, subdivision 2, as amended. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Laws 1993, chapter 301, section 1, subdivision 
  1.11  4, as amended by Laws 1999, chapter 47, section 1, is amended to 
  1.12  read: 
  1.13     Subd. 4.  [WAIVER.] (a) Upon receipt of the committee 
  1.14  report required by subdivision 3, each entity head shall submit 
  1.15  the list of recommended waivers to the commissioner of employee 
  1.16  relations.  The commissioner shall then grant the waivers 
  1.17  requested by each entity, effective for the requesting entity, 
  1.18  for a period ending June 30, 1997, except the waivers granted 
  1.19  for the Minnesota housing finance agency shall extend to June 
  1.20  30, 2001 2003, subject to the restrictions in paragraph (b) and 
  1.21  to revision in accordance with subdivision 5.  The commissioner 
  1.22  shall waive a rule by granting a variance under Minnesota 
  1.23  Statutes, section 14.05, subdivision 4.  
  1.24     (b) The commissioner may not grant a waiver if it would 
  1.25  result in the layoff of classified employees or unclassified 
  1.26  employees covered by a collective bargaining agreement except as 
  1.27  provided in a plan negotiated under Minnesota Statutes, chapter 
  2.1   179A, that provides options to layoff for employees who would be 
  2.2   affected.  If a proposed waiver would violate the terms of a 
  2.3   collective bargaining agreement reached under Minnesota 
  2.4   Statutes, chapter 179A, the waiver may not be granted without 
  2.5   the consent of the exclusive representative that is a party to 
  2.6   the agreement. 
  2.7      Sec. 2.  Laws 1995, chapter 248, article 12, section 2, as 
  2.8   amended by Laws 1999, chapter 47, section 2, is amended to read: 
  2.9      Sec. 2.  [TERMINATION.] 
  2.10     Section 1 and the civil service pilot project in the 
  2.11  housing finance agency as authorized by Laws 1993, chapter 301, 
  2.12  terminate June 30, 2001 2003, or at any earlier time by a method 
  2.13  agreed upon by the commissioners of employee relations and 
  2.14  housing finance and the affected exclusive bargaining 
  2.15  representative of state employees. 
  2.16     Sec. 3.  Laws 1995, chapter 248, article 13, section 2, 
  2.17  subdivision 2, as amended by Laws 1997, chapter 97, section 13, 
  2.18  is amended to read: 
  2.19     Subd. 2.  [PILOT PROJECT.] During the biennium ending June 
  2.20  30, 2001 2005, the governor shall designate an executive agency 
  2.21  that will conduct a pilot civil service project.  The pilot 
  2.22  program must adhere to the policies expressed in subdivision 1 
  2.23  and in Minnesota Statutes, section 43A.01.  For the purposes of 
  2.24  conducting the pilot project, the commissioner of the designated 
  2.25  agency is exempt from the provisions that relate to employment 
  2.26  in Minnesota Statutes, chapter 43A, Minnesota Rules, chapter 
  2.27  3900, and administrative procedures and policies of the 
  2.28  department of employee relations.  If a proposed exemption from 
  2.29  the provisions that relate to employment in Minnesota Statutes, 
  2.30  chapter 43A, Minnesota Rules, chapter 3900, and administrative 
  2.31  procedures and policies of the department of employee relations 
  2.32  would violate the terms of a collective bargaining agreement 
  2.33  effective under Minnesota Statutes, chapter 179A, the exemption 
  2.34  is not effective without the consent of the exclusive 
  2.35  representative that is a party to the agreement.  Upon request 
  2.36  of the commissioner carrying out the pilot project, the 
  3.1   commissioner of employee relations shall provide technical 
  3.2   assistance in support of the pilot project.  This section does 
  3.3   not exempt an agency from compliance with Minnesota Statutes, 
  3.4   sections 43A.19 and 43A.191, or from rules adopted to implement 
  3.5   those sections. 
  3.6      Sec. 4.  [EFFECTIVE DATE.] 
  3.7      Sections 1 to 3 are effective July 1, 2001.