1.1                          A bill for an act 
  1.2             relating to state employees; making technical and 
  1.3             housekeeping changes; amending Minnesota Statutes 
  1.4             2002, sections 43A.30, subdivision 5; 43A.319; 
  1.5             Minnesota Statutes 2003 Supplement, section 43A.08, 
  1.6             subdivision 1a. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.9   43A.08, subdivision 1a, is amended to read: 
  1.10     Subd. 1a.  [ADDITIONAL UNCLASSIFIED POSITIONS.] Appointing 
  1.11  authorities for the following agencies may designate additional 
  1.12  unclassified positions according to this subdivision:  the 
  1.13  Departments of Administration; Agriculture; Commerce; 
  1.14  Corrections; Education; Employee Relations; Employment and 
  1.15  Economic Development; Finance; Health; Human Rights; Labor and 
  1.16  Industry; Natural Resources; Public Safety; Human Services; 
  1.17  Revenue; Transportation; and Veterans Affairs; the Housing 
  1.18  Finance and Pollution Control Agencies; the State Lottery; the 
  1.19  state Board of Investment; the Office of Administrative 
  1.20  Hearings; the Office of Environmental Assistance; the Offices of 
  1.21  the Attorney General, Secretary of State, and State Auditor; the 
  1.22  Minnesota State Colleges and Universities; the Higher Education 
  1.23  Services Office; the Perpich Center for Arts Education; and the 
  1.24  Minnesota Zoological Board. 
  1.25     A position designated by an appointing authority according 
  1.26  to this subdivision must meet the following standards and 
  2.1   criteria:  
  2.2      (1) the designation of the position would not be contrary 
  2.3   to other law relating specifically to that agency; 
  2.4      (2) the person occupying the position would report directly 
  2.5   to the agency head or, deputy agency head, or assistant agency 
  2.6   head and would be designated as part of the agency head's 
  2.7   management team; 
  2.8      (3) the duties of the position would involve significant 
  2.9   discretion and substantial involvement in the development, 
  2.10  interpretation, and implementation of agency policy; 
  2.11     (4) the duties of the position would not require primarily 
  2.12  personnel, accounting, or other technical expertise where 
  2.13  continuity in the position would be important; 
  2.14     (5) there would be a need for the person occupying the 
  2.15  position to be accountable to, loyal to, and compatible with, 
  2.16  the governor and the agency head, the employing statutory board 
  2.17  or commission, or the employing constitutional officer; 
  2.18     (6) the position would be at the level of division or 
  2.19  bureau director or assistant to the agency head; and 
  2.20     (7) the commissioner has approved the designation as being 
  2.21  consistent with the standards and criteria in this subdivision. 
  2.22     Sec. 2.  Minnesota Statutes 2002, section 43A.30, 
  2.23  subdivision 5, is amended to read: 
  2.24     Subd. 5.  [ADMINISTRATION.] The commissioner of employee 
  2.25  relations may administer the employee insurance program.  The 
  2.26  commissioner may assess agencies, and employers of persons 
  2.27  eligible for state-paid insurance and benefits under section 
  2.28  43A.24, the cost of these administrative services, 
  2.29  including diagnostic and assessment, referral, and training 
  2.30  services provided by the employee assistance program under 
  2.31  section 43A.319, and include it in the amounts billed for life 
  2.32  insurance, hospital, medical, and dental benefits, and optional 
  2.33  coverages authorized.  Receipts from the assessments must be 
  2.34  deposited in the state treasury and credited to a special 
  2.35  account in the employee insurance trust fund and are 
  2.36  appropriated to the commissioner to pay these administrative 
  3.1   costs. 
  3.2      Sec. 3.  Minnesota Statutes 2002, section 43A.319, is 
  3.3   amended to read: 
  3.4      43A.319 [EMPLOYEE ASSISTANCE PROGRAM.] 
  3.5      The commissioner shall provide an employee assistance 
  3.6   program of training, diagnostic assessment, counseling, and 
  3.7   referral services for state employees and their dependents.