1.1                          A bill for an act 
  1.2             relating to state government; ratifying certain state 
  1.3             employee labor agreements and compensation plans with 
  1.4             certain exceptions; specifying terms and conditions of 
  1.5             employment in certain circumstances. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [LABOR AGREEMENTS AND COMPENSATION PLANS.] 
  1.8      Subdivision 1.  [AFSCME.] The labor agreement between the 
  1.9   state of Minnesota and the American federation of state, county, 
  1.10  and municipal employees, units 2, 3, 4, 6, 7, and 8, submitted 
  1.11  to the legislative coordinating commission subcommittee on 
  1.12  employee relations on May 20, 2002, and implemented after 30 
  1.13  days in June 2002, as provided in Minnesota Statutes, section 
  1.14  3.855, subdivision 2, paragraph (c), is ratified, except as 
  1.15  provided in subdivision 19. 
  1.16     Subd. 2.  [MAPE.] The labor agreement between the state of 
  1.17  Minnesota and the Minnesota association of professional 
  1.18  employees, submitted to the legislative coordinating commission 
  1.19  subcommittee on employee relations on May 20, 2002, and 
  1.20  implemented after 30 days on June 20, 2002, as provided in 
  1.21  Minnesota Statutes, section 3.855, subdivision 2, paragraph (c), 
  1.22  is ratified, except as provided in subdivision 19. 
  1.23     Subd. 3.  [MMA.] The labor agreement between the state of 
  1.24  Minnesota and the middle management association, submitted to 
  1.25  the legislative coordinating commission subcommittee on employee 
  2.1   relations on May 20, 2002, and implemented after 30 days on June 
  2.2   20, 2002, as provided in Minnesota Statutes, section 3.855, 
  2.3   subdivision 2, paragraph (c), is ratified, except as provided in 
  2.4   subdivision 19. 
  2.5      Subd. 4.  [MGEC.] The labor agreement between the state of 
  2.6   Minnesota and the Minnesota government engineers council, 
  2.7   submitted to the legislative coordinating commission 
  2.8   subcommittee on employee relations on May 20, 2002, and 
  2.9   implemented after 30 days on June 20, 2002, as provided in 
  2.10  Minnesota Statutes, section 3.855, subdivision 2, paragraph (c), 
  2.11  is ratified. 
  2.12     Subd. 5.  [SRSEA.] The labor agreement between the state of 
  2.13  Minnesota and the state residential schools education 
  2.14  association, submitted to the legislative coordinating 
  2.15  commission subcommittee on employee relations on May 20, 2002, 
  2.16  and implemented after 30 days on June 20, 2002, as provided in 
  2.17  Minnesota Statutes, section 3.855, subdivision 2, paragraph (c), 
  2.18  is ratified, except as provided in subdivision 19. 
  2.19     Subd. 6.  [MSUAASF.] The labor agreement between the state 
  2.20  of Minnesota and the Minnesota state university association of 
  2.21  administrative and service faculty, submitted to the legislative 
  2.22  coordinating commission subcommittee on employee relations on 
  2.23  May 20, 2002, and implemented after 30 days on June 20, 2002, as 
  2.24  provided in Minnesota Statutes, section 3.855, subdivision 2, 
  2.25  paragraph (c), is ratified, except as provided in subdivision 19.
  2.26     Subd. 7.  [IFO.] The labor agreement between the state of 
  2.27  Minnesota and the interfaculty organization, submitted to the 
  2.28  legislative coordinating commission subcommittee on employee 
  2.29  relations on May 20, 2002, and implemented after 30 days on June 
  2.30  20, 2002, as provided in Minnesota Statutes, section 3.855, 
  2.31  subdivision 2, paragraph (c), is ratified, except as provided in 
  2.32  subdivision 19. 
  2.33     Subd. 8.  [COLLEGE FACULTY.] The labor agreement between 
  2.34  the state of Minnesota and the Minnesota state college faculty, 
  2.35  submitted to the legislative coordinating commission 
  2.36  subcommittee on employee relations on August 22, 2002, which was 
  3.1   reviewed by the subcommittee on August 26, 2002, and implemented 
  3.2   on September 23, 2002, as provided in Minnesota Statutes, 
  3.3   section 3.855, subdivision 2, paragraph (c), is ratified, except 
  3.4   as provided in subdivision 19. 
  3.5      Subd. 9.  [MLEA.] The labor agreement between the state of 
  3.6   Minnesota and the Minnesota law enforcement association, 
  3.7   approved by the legislative coordinating commission subcommittee 
  3.8   on employee relations on August 26, 2002, is ratified. 
  3.9      Subd. 10.  [COMMISSIONER'S PLAN.] The amendments to the 
  3.10  commissioner of employee relations' plan for unrepresented 
  3.11  employees, submitted to the legislative coordinating commission 
  3.12  subcommittee on employee relations on June 27, 2002, as amended 
  3.13  by the subcommittee on June 28, 2002, are ratified.  The 
  3.14  insurance provisions for employees covered by this plan are 
  3.15  those submitted to the legislative coordinating commission 
  3.16  subcommittee on employee relations on November 14, 2001, and 
  3.17  approved by the subcommittee on December 11, 2001, except as 
  3.18  provided in subdivision 19. 
  3.19     Subd. 11.  [MANAGERIAL PLAN.] The amendments to the 
  3.20  managerial plan, submitted to the legislative coordinating 
  3.21  commission subcommittee on employee relations on June 27, 2002, 
  3.22  as amended by the subcommittee on June 28, 2002, are ratified.  
  3.23  The insurance provisions for employees covered by this plan are 
  3.24  those submitted to the legislative coordinating commission 
  3.25  subcommittee on employee relations on November 14, 2001, and 
  3.26  approved by the subcommittee on December 11, 2001, except as 
  3.27  provided in subdivision 19. 
  3.28     Subd. 12.  [MNSCU ADMINISTRATORS.] The provisions of the 
  3.29  personnel plan for Minnesota state college and university 
  3.30  administrators, submitted to the legislative coordinating 
  3.31  commission subcommittee on employee relations on June 25, 2002, 
  3.32  as amended by the subcommittee on June 28, 2002, are ratified. 
  3.33     Subd. 13.  [HESO.] The amendments to the higher education 
  3.34  services office unclassified compensation plan, submitted to the 
  3.35  legislative coordinating commission subcommittee on employee 
  3.36  relations on June 24, 2002, and approved by the subcommittee on 
  4.1   June 28, 2002, are ratified. 
  4.2      Subd. 14.  [SBI.] The proposal to increase the salary of 
  4.3   the executive director of the state board of investment, as 
  4.4   modified and approved by the legislative coordinating commission 
  4.5   subcommittee on employee relations on June 28, 2002, is ratified.
  4.6      Subd. 15.  [TRA.] The proposal to increase the salary of 
  4.7   the executive director of the teachers retirement association, 
  4.8   as modified and approved by the legislative coordinating 
  4.9   commission subcommittee on employee relations on August 26, 
  4.10  2002, is ratified. 
  4.11     Subd. 16.  [MSRS.] The proposal to increase the salary of 
  4.12  the executive director of the Minnesota state retirement system, 
  4.13  as modified and approved by the legislative coordinating 
  4.14  commission subcommittee on employee relations on August 26, 
  4.15  2002, is ratified. 
  4.16     Subd. 17.  [PERA.] The proposal to increase the salary of 
  4.17  the executive director of the public employees retirement 
  4.18  association, as modified and approved by the legislative 
  4.19  coordinating commission subcommittee on employee relations on 
  4.20  August 26, 2002, is ratified. 
  4.21     Subd. 18.  [MNA.] The arbitration award and labor agreement 
  4.22  between the state of Minnesota and the Minnesota nurses 
  4.23  association, submitted to the legislative coordinating 
  4.24  commission subcommittee on employee relations on December 9, 
  4.25  2002, is ratified, except as provided in subdivision 19. 
  4.26     Subd. 19.  [PROVISIONS NOT RATIFIED.] (a) Any provision of 
  4.27  a collective bargaining agreement or compensation plan in this 
  4.28  section that provides a benefit based on a person's status as a 
  4.29  domestic partner of a state employee is not ratified and must 
  4.30  not be implemented.  
  4.31     (b) If a collective bargaining agreement or compensation 
  4.32  plan provides for sick leave with pay, an employee must be 
  4.33  granted sick leave with pay, to the extent of the employee's 
  4.34  accumulation of sick leave, for absences:  
  4.35     (1) due to illness or disability of a regular member of the 
  4.36  employee's immediate household for a reasonable period as the 
  5.1   employee's attendance is necessary; and 
  5.2      (2) due to the death of a regular member of the employee's 
  5.3   immediate household, for a reasonable period.  
  5.4      (c) The benefit provided under paragraph (b) is not a 
  5.5   replacement for any other sick leave benefit provided for in the 
  5.6   collective bargaining agreement or compensation plan as ratified 
  5.7   in this section. 
  5.8      Subd. 20.  [CONTINGENT PROVISION.] This subdivision applies 
  5.9   if it is determined that the legislature does not have authority 
  5.10  to ratify a labor agreement with the exceptions stated in this 
  5.11  section, or if it is determined that there is no longer a 
  5.12  contract between the state and an exclusive representative of 
  5.13  state employees due to this section.  If this subdivision 
  5.14  applies, then until the parties enter into a subsequent labor 
  5.15  agreement, the terms and conditions of employment for employees 
  5.16  covered by the proposed labor agreement are as contained in the 
  5.17  agreement submitted to the legislative coordinating commission 
  5.18  subcommittee on employee relations, except that any provision in 
  5.19  conflict with subdivision 19 is not effective and must not be 
  5.20  implemented. 
  5.21     Sec. 2.  [RELATION TO OTHER LAW.] 
  5.22     Section 1 supersedes Minnesota Statutes, chapter 179A, and 
  5.23  any other provision of law. 
  5.24     Sec. 3.  [EFFECTIVE DATE.] 
  5.25     Sections 1 and 2 are effective the day following final 
  5.26  enactment.  A person receiving insurance coverage on that day 
  5.27  due to the person's status as a same-sex domestic partner of a 
  5.28  state employee may continue that coverage until June 30, 2003.  
  5.29  A person receiving a tuition waiver on that date due to the 
  5.30  person's status as a same-sex domestic partner of a state 
  5.31  employee may continue to receive the waiver until the completion 
  5.32  of the semester next ending after the effective date of sections 
  5.33  1 and 2.