HF 966

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to labor; modifying provisions governing overtime for state nurses;
requiring a report; amending Minnesota Statutes 2006, sections 177.27,
subdivision 4; 181.275, subdivision 1, by adding subdivisions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 177.27, subdivision 4, is amended to read:

Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.35, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.12, 181.13, 181.14, 181.145, 181.15, new text begin 181.275, subdivision 2a, new text end and
181.79, or with any rule promulgated under section 177.28. The department shall serve
the order upon the employer or the employer's authorized representative in person or by
certified mail at the employer's place of business. An employer who wishes to contest the
order must file written notice of objection to the order with the commissioner within 15
calendar days after being served with the order. A contested case proceeding must then be
held in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being
served with the order, the employer fails to file a written notice of objection with the
commissioner, the order becomes a final order of the commissioner.

Sec. 2.

Minnesota Statutes 2006, section 181.275, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section, the following terms have
the meanings given them:

(1) "emergency" means a period when replacement staff are not able to report for
duty for the next shift or increased patient need, because of unusual, unpredictable,
or unforeseen circumstances such as, but not limited to, an act of terrorism, a disease
outbreak, adverse weather conditions, or natural disasters which impact continuity of
patient care;

(2) "normal work period" means 12 or fewer consecutive hours consistent with a
predetermined work shift;

(3) "nurse" has the meaning given in section 148.171, subdivision 9 new text begin , and includes
nurses employed by the state of Minnesota new text end ; and

(4) "taking action against" means discharging; disciplining; threatening; reporting
to the Board of Nursing; discriminating against; or penalizing regarding compensation,
terms, conditions, location, or privileges of employment.

Sec. 3.

Minnesota Statutes 2006, section 181.275, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin State nurses. new text end

new text begin Subdivision 2 applies to a nurse employed by the state of
Minnesota regardless of the type of facility in which the nurse is employed and regardless
of the facility's license, if the nurse is involved in resident or patient care.
new text end

Sec. 4.

Minnesota Statutes 2006, section 181.275, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Department of Corrections nurses. new text end

new text begin Section 181.275 does not apply to
nurses employed by the state at a facility operated by the Department of Corrections. This
subdivision expires July 1, 2008.
new text end

Sec. 5.

Minnesota Statutes 2006, section 181.275, is amended by adding a subdivision
to read:

new text begin Subd. 2c. new text end

new text begin Collective bargaining rights. new text end

new text begin This section does not diminish or impair
the rights of a person under any collective bargaining agreement.
new text end

Sec. 6. new text begin DEPARTMENT OF CORRECTIONS COMPLIANCE
REQUIREMENTS.
new text end

new text begin The Department of Corrections must develop a budget and plan by February 1,
2008, to bring the department into compliance with section 181.275 by July 1, 2008. The
department must also report by February 1, 2008, to the standing committees of the house
of representatives and senate with jurisdiction over employment issues on the following:
new text end

new text begin (1) department procedures for hiring nurses. If hiring procedures vary by facility, the
report must address procedures at each facility;
new text end

new text begin (2) procedures used at each facility for scheduling nurses;
new text end

new text begin (3) daily staffing levels at each facility including the ratio of supervisors to nurses at
each facility;
new text end

new text begin (4) how the department determines the supervisor to nurse ratio at each facility;
new text end

new text begin (5) the department's average annual expenditures at each facility on pool nurses
and nurse overtime; and
new text end

new text begin (6) the number of pool nurses employed each year at each facility.
new text end