1.1                          A bill for an act 
  1.2             relating to state employment; modifying affirmative 
  1.3             action provisions; amending Minnesota Statutes 1998, 
  1.4             section 43A.191, subdivision 3. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 43A.191, 
  1.7   subdivision 3, is amended to read: 
  1.8      Subd. 3.  [AUDITS; SANCTIONS AND INCENTIVES.] (a) The 
  1.9   commissioner shall annually audit the record of each agency to 
  1.10  determine the rate of compliance with affirmative action 
  1.11  requirements.  
  1.12     (b) By March 1 of each odd-numbered year, the commissioner 
  1.13  shall submit a report on affirmative action progress of each 
  1.14  agency and the state as a whole to the governor and to the 
  1.15  finance committee of the senate, the ways and means committee of 
  1.16  the house of representatives, the governmental operations 
  1.17  committees of both houses of the legislature, and the 
  1.18  legislative commission on employee relations.  The report must 
  1.19  include noncompetitive appointments made under section 43A.08, 
  1.20  subdivision 2a, or 43A.15, subdivisions 3 to 13, and cover each 
  1.21  agency's rate of compliance with affirmative action requirements.
  1.22     (c) An agency that does not meet its hiring goals must 
  1.23  justify its ~~nonaffirmative action~~ hires ~~in competitive and~~ 
  1.24  ~~noncompetitive appointments~~ according to criteria issued by the 
  1.25  department of employee relations.  "Missed opportunity" includes 
  2.1   failure to justify a ~~nonaffirmative action~~ hire of an individual 
  2.2   who is not a member of a disparate group.  An agency must 
  2.3   receive approval from its affirmative action officer for each 
  2.4   hiring selection prior to filling a position in which disparity 
  2.5   exists.  Review of an agency's record of hires shall be part of 
  2.6   the annual audit.  ~~An agency must have 25 percent or less missed~~ 
  2.7   ~~opportunities in competitive appointments and 25 percent or less~~ 
  2.8   ~~missed opportunities in appointments made under sections 43A.08,~~ 
  2.9   ~~subdivisions 1, clauses (9), (11), and (16); and 2a; and 43A.15,~~ 
  2.10  ~~subdivisions 3, 10, 12, and 13.  In addition,~~ An agency shall: 
  2.11     (1) demonstrate a good faith effort to recruit protected 
  2.12  group members by following an active recruitment plan; 
  2.13     (2) implement a coordinated retention plan; and 
  2.14     (3) have an established complaint resolution procedure. 
  2.15     (d) The commissioner shall develop reporting standards and 
  2.16  procedures for measuring compliance. 
  2.17     (e) An agency is encouraged to develop other innovative 
  2.18  ways to promote awareness, acceptance, and appreciation for 
  2.19  diversity and affirmative action.  These innovations will be 
  2.20  considered when evaluating an agency's compliance with this 
  2.21  section. 
  2.22     (f) An agency not in compliance with affirmative action 
  2.23  requirements of this section must identify methods and programs 
  2.24  to improve performance, to reallocate resources internally in 
  2.25  order to increase support for affirmative action programs, and 
  2.26  to submit program and resource reallocation proposals to the 
  2.27  commissioner for approval.  An agency must submit these 
  2.28  proposals within 120 days of being notified by the commissioner 
  2.29  that it is out of compliance with affirmative action 
  2.30  requirements.  The commissioner shall monitor quarterly the 
  2.31  affirmative action programs of an agency found to be out of 
  2.32  compliance. 
  2.33     (g) The commissioner shall establish a program to recognize 
  2.34  an agency that has made significant and measurable progress in 
  2.35  implementing an affirmative action plan.