SF 1236

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

A bill for an act
relating to state employees; making technical and housekeeping changes;
amending Minnesota Statutes 2006, sections 43A.191, subdivision 3; 43A.23,
subdivision 1; 43A.49.

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

Section 1.

Minnesota Statutes 2006, section 43A.191, subdivision 3, is amended to
read:

Subd. 3.

Audits; sanctions and incentives.

(a) The commissioner shall annually
audit the record of each agency to determine the rate of compliance with affirmative
action requirements.

(b) By March 1 of each odd-numbered year, the commissioner shall submit a
report on affirmative action progress of each agency and the state as a whole to the
governor and to the Finance Committee of the senate, the Ways and Means Committee
of the house of representatives, the Governmental Operations Committees of both
houses of the legislature, and the Legislative Coordinating Commission. The report must
include noncompetitive appointments made under section 43A.08, subdivision 2a, or
43A.15, subdivisions 3 to 7, 10, and 12, and cover each agency's rate of compliance with
affirmative action requirements.

(c) An agency that does not meet its hiring goals must justify its nonaffirmative
action hires in competitive and noncompetitive appointments according to criteria issued
by the Department of Employee Relations. "Missed opportunity" includes failure to justify
a nonaffirmative action hire. An agency must have 25 percent or less missed opportunities
in competitive appointments and 25 percent or less missed opportunities in appointments
made under sections 43A.08, subdivisions 1, clauses (9), (11), and (16); and 2a; and
43A.15, subdivisions 3 deleted text begin to 7 deleted text end , 10, 12, and 13. In addition, an agency shall:

(1) demonstrate a good faith effort to recruit protected group members by following
an active recruitment plan;

(2) implement a coordinated retention plan; and

(3) have an established complaint resolution procedure.

(d) The commissioner shall develop reporting standards and procedures for
measuring compliance.

(e) An agency is encouraged to develop other innovative ways to promote awareness,
acceptance, and appreciation for diversity and affirmative action. These innovations will
be considered when evaluating an agency's compliance with this section.

(f) An agency not in compliance with affirmative action requirements of this section
must identify methods and programs to improve performance, to reallocate resources
internally in order to increase support for affirmative action programs, and to submit
program and resource reallocation proposals to the commissioner for approval. An agency
must submit these proposals within 120 days of being notified by the commissioner that it
is out of compliance with affirmative action requirements. The commissioner shall monitor
quarterly the affirmative action programs of an agency found to be out of compliance.

(g) The commissioner shall establish a program to recognize an agency that has
made significant and measurable progress in implementing an affirmative action plan.

Sec. 2.

Minnesota Statutes 2006, section 43A.23, subdivision 1, is amended to read:

Subdivision 1.

General.

The commissioner is authorized to request deleted text begin bids deleted text end new text begin proposals
or to negotiate new text end and to enter into contracts with parties which in the judgment of the
commissioner are best qualified to provide service to the benefit plans. Contracts entered
into are not subject to the requirements of sections 16C.16 to 16C.19. The commissioner
may negotiate premium rates and coverage. deleted text begin Contracts to underwrite the benefit plans
must be bid or negotiated separately from contracts to service the benefit plans, which
may be awarded only on the basis of competitive bids. deleted text end The commissioner shall consider
the cost of the plans, conversion options relating to the contracts, service capabilities,
character, financial position, and reputation of the carriers, and any other factors which the
commissioner deems appropriate. Each benefit contract must be for a uniform term of at
least one year, but may be made automatically renewable from term to term in the absence
of notice of termination by either party. A carrier licensed under chapter 62A is exempt
from the taxes imposed by chapter 297I on premiums paid to it by the state.

All self-insured hospital and medical service products must comply with coverage
mandates, data reporting, and consumer protection requirements applicable to the licensed
carrier administering the product, had the product been insured, including chapters 62J,
62M, and 62Q. Any self-insured products that limit coverage to a network of providers
or provide different levels of coverage between network and nonnetwork providers shall
comply with section 62D.123 and geographic access standards for health maintenance
organizations adopted by the commissioner of health in rule under chapter 62D.

Sec. 3.

Minnesota Statutes 2006, section 43A.49, is amended to read:

43A.49 VOLUNTARY UNPAID LEAVE OF ABSENCE.

(a) Appointing authorities in state government may allow each employee to take
unpaid leaves of absence for up to 1,040 hours between June 1, deleted text begin 2003 deleted text end new text begin 2007 new text end , and June 30,
deleted text begin 2005 deleted text end new text begin 2009 new text end . The 1,040 hour limit replaces, and is not in addition to, limits set in prior laws.
Each appointing authority approving such a leave shall allow the employee to continue
accruing vacation and sick leave, be eligible for paid holidays and insurance benefits,
accrue seniority, and accrue service credit and credited salary in the state retirement plans
as if the employee had actually been employed during the time of leave. An employee
covered by the unclassified plan may voluntarily make the employee contributions to the
unclassified plan during the leave of absence. If the employee makes these contributions,
the appointing authority must make the employer contribution. If the leave of absence
is for one full pay period or longer, any holiday pay shall be included in the first payroll
warrant after return from the leave of absence. The appointing authority shall attempt
to grant requests for the unpaid leaves of absence consistent with the need to continue
efficient operation of the agency. However, each appointing authority shall retain
discretion to grant or refuse to grant requests for leaves of absence and to schedule and
cancel leaves, subject to the applicable provisions of collective bargaining agreements
and compensation plans.

(b) To receive eligible service credit and credited salary in a defined benefit plan,
the member shall pay an amount equal to the applicable employee contribution rates.
If an employee pays the employee contribution for the period of the leave under this
section, the appointing authority must pay the employer contribution. The appointing
authority may, at its discretion, pay the employee contributions. Contributions must be
made in a time and manner prescribed by the executive director of the Minnesota State
Retirement Association.

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Section 3 is effective June 1, 2007.
new text end