1.1                          A bill for an act 
  1.2             relating to state employment; allowing the office of 
  1.3             technology to designate additional unclassified 
  1.4             positions; allowing for the payment of accumulated 
  1.5             vacation leave upon layoff; amending Minnesota 
  1.6             Statutes 1996, section 43A.17, subdivision 8; 
  1.7             Minnesota Statutes 1997 Supplement, section 43A.08, 
  1.8             subdivision 1a. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.11  43A.08, subdivision 1a, is amended to read: 
  1.12     Subd. 1a.  [ADDITIONAL UNCLASSIFIED POSITIONS.] Appointing 
  1.13  authorities for the following agencies may designate additional 
  1.14  unclassified positions according to this subdivision:  the 
  1.15  departments of administration; agriculture; commerce; 
  1.16  corrections; economic security; children, families, and 
  1.17  learning; employee relations; trade and economic development; 
  1.18  finance; health; human rights; labor and industry; natural 
  1.19  resources; public safety; public service; human services; 
  1.20  revenue; transportation; and veterans affairs; the housing 
  1.21  finance and pollution control agencies; the state lottery; the 
  1.22  state board of investment; the office of administrative 
  1.23  hearings; the office of environmental assistance; the offices of 
  1.24  the attorney general, secretary of state, state auditor, and 
  1.25  state treasurer; the Minnesota state colleges and universities; 
  1.26  the higher education services office; the Lola and Rudy Perpich 
  1.27  Minnesota center for arts education; and the Minnesota 
  2.1   zoological board; and the office of technology. 
  2.2      A position designated by an appointing authority according 
  2.3   to this subdivision must meet the following standards and 
  2.4   criteria:  
  2.5      (1) the designation of the position would not be contrary 
  2.6   to other law relating specifically to that agency; 
  2.7      (2) the person occupying the position would report directly 
  2.8   to the agency head or deputy agency head and would be designated 
  2.9   as part of the agency head's management team; 
  2.10     (3) the duties of the position would involve significant 
  2.11  discretion and substantial involvement in the development, 
  2.12  interpretation, and implementation of agency policy; 
  2.13     (4) the duties of the position would not require primarily 
  2.14  personnel, accounting, or other technical expertise where 
  2.15  continuity in the position would be important; 
  2.16     (5) there would be a need for the person occupying the 
  2.17  position to be accountable to, loyal to, and compatible with, 
  2.18  the governor and the agency head, the employing statutory board 
  2.19  or commission, or the employing constitutional officer; 
  2.20     (6) the position would be at the level of division or 
  2.21  bureau director or assistant to the agency head; and 
  2.22     (7) the commissioner has approved the designation as being 
  2.23  consistent with the standards and criteria in this subdivision. 
  2.24     Sec. 2.  Minnesota Statutes 1996, section 43A.17, 
  2.25  subdivision 8, is amended to read: 
  2.26     Subd. 8.  [ACCUMULATED VACATION LEAVE.] The commissioner of 
  2.27  employee relations shall not agree to a collective bargaining 
  2.28  agreement or recommend a compensation plan pursuant to section 
  2.29  43A.18, subdivisions 1, 2, 3, and 4, nor shall an arbitrator 
  2.30  issue an award under sections 179A.01 to 179A.25, if the 
  2.31  compensation plan, agreement, or award permits an employee to 
  2.32  convert accumulated vacation leave into cash before separation 
  2.33  from state service.  
  2.34     This section does not prohibit the commissioner from 
  2.35  negotiating a collective bargaining agreement or recommending 
  2.36  approval of a compensation plan which:  (1) permits an employee 
  3.1   to receive payment for accumulated vacation leave upon beginning 
  3.2   an unpaid leave of absence approved for more than one year in 
  3.3   duration if the leave of absence is not for the purpose of 
  3.4   accepting an unclassified position in state civil service; or 
  3.5   (2) permits an employee to receive payment for accumulated 
  3.6   vacation leave upon layoff.  
  3.7      Sec. 3.  [EFFECTIVE DATE.] 
  3.8      Sections 1 and 2 are effective the day following final 
  3.9   enactment.