1.1 	A bill for an act
1.2 	relating to public and municipal corporations;
1.3 	creating a county subsidiary corporation to provide
1.4 	health care and related services, education, and
1.5 	research; providing for governance of Hennepin County
1.6 	Medical Center; amending Minnesota Statutes 2004,
1.7 	sections 179A.03, subdivisions 7, 14, 15; 179A.06,
1.8 	subdivision 2; 353.01, subdivisions 2b, 2d, 6; 353.64,
1.9 	subdivision 10; 353E.02, subdivision 2a; 383B.117,
1.10 	subdivision 2; 383B.217, subdivision 7; 383B.46;
1.11 	proposing coding for new law in Minnesota Statutes,
1.12 	chapters 179A; 383B; repealing Minnesota Statutes
1.13 	2004, section 383B.217, subdivisions 1, 2, 3, 4, 5, 6,
1.14 	8.
1.15 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.16 	ARTICLE 1
1.17 	HENNEPIN HEALTHCARE SYSTEM

1.18 	Section 1. [383B.901] CREATION OF A COUNTY SUBSIDIARY
1.19 	CORPORATION.
1.20 	There is created a corporation which shall be public in
1.21 	nature, operating as a subsidiary of the county of Hennepin.
1.22 	The public corporation shall be known as Hennepin Healthcare
1.23 	System, Inc.  The purpose of the corporation is to engage in the
1.24 	organization and delivery of health care and related services to
1.25 	the general public, including the indigent as defined by state
1.26 	and federal law and as determined by the Hennepin County Board
1.27 	of Commissioners, and to conduct related programs of education
1.28 	and research.  The corporation shall have one class of members,
1.29 	the governing member, who shall be Hennepin County, as
1.30 	represented by the Hennepin County Board of Commissioners.  The
2.1 	governing member has all the rights, duties, and privileges
2.2 	specified under this act and the bylaws of the corporation.

2.3 	Sec. 2. [383B.902] DEFINITIONS.
2.4 		Subdivision 1.Terms. For the purpose of this act, the
2.5 	terms defined in this section have the meanings given them
2.6 	unless the context clearly indicates otherwise.
2.7 	(a) "Corporation" means the county subsidiary corporation
2.8 	created by section 383B.901.
2.9 	(b) "County" means the county of Hennepin.
2.10 	(c) "County board" means the Hennepin County Board of
2.11 	Commissioners and its members.
2.12 	(d) "HCMC" means the Hennepin County Medical Center, which
2.13 	is the medical center established and operated by the county
2.14 	under section 383B.217.
2.15 	(e) "Effective date" means the effective date of the
2.16 	sections of this act, as defined in section 29.

2.17 	Sec. 3. [383B.903] BOARD.
2.18 		Subdivision 1.Governance. The corporation shall be
2.19 	governed by a board of directors consisting of between 11 and 15
2.20 	directors.  Two of the directors on the board of the corporation
2.21 	must be county commissioners currently serving as elected
2.22 	officials on the county board who are chosen and may be removed
2.23 	by a majority vote of the county board.
2.24 		Subd. 2.Term, quorum, and manner of acting. The term of
2.25 	office for directors, rules governing quorum, and manner of
2.26 	acting for the board of directors must be specified in the
2.27 	bylaws of the corporation which shall be approved by the county
2.28 	board, except that:
2.29 	(1) a vote of a majority of the board shall be required to
2.30 	hire or discharge the corporation's administrator, to approve
2.31 	the annual budget, and for any action which requires subsequent
2.32 	approval by the county board as specified in section 383B.908;
2.33 	and 
2.34 	(2) directors of the board of directors or any committee or
2.35 	advisory assembly or council appointed by the board of directors
2.36 	may participate in a meeting by means of telephone conference or
3.1 	similar communications equipment which enables all persons
3.2 	participating in the meeting to hear each other during the
3.3 	conduct of that meeting.  Participation shall be considered
3.4 	presence in person at the meeting for purposes of notice and
3.5 	quorum requirements as specified in the bylaws.
3.6 		Subd. 3.Appointment of board members. The county board
3.7 	shall appoint the initial board of the corporation.  Thereafter,
3.8 	the county board shall appoint directors of the corporation by
3.9 	slate to open positions due to the completion of a director's
3.10 	term as specified in the bylaws of the corporation.  The slate
3.11 	shall be nominated by a committee of the board of the
3.12 	corporation.  The board of the corporation may by majority vote
3.13 	appoint a board member to fill a vacancy on the board occurring
3.14 	prior to the completion of the term, provided the newly
3.15 	appointed board member is submitted to the county board for
3.16 	approval when the next slate of directors is submitted to the
3.17 	county board for approval.
3.18 		Subd. 4.Removal. A director who is not a county
3.19 	commissioner may be removed without cause by a two-thirds
3.20 	majority vote of the board of the corporation.  The county board
3.21 	may remove any board member for violation of the director's
3.22 	ethical and legal duties as a board member as specified in
3.23 	section 383B.905 or for the repeated failure to act in the best
3.24 	interests of the corporation.  In addition, the county board may
3.25 	remove the corporate board in its entirety as specified in
3.26 	section 383B.908, subdivision 7.

3.27 	Sec. 4. [383B.904] OFFICERS.
3.28 		Subdivision 1.Election. (a) The officers of the board
3.29 	of the corporation shall consist of the chair, vice chair,
3.30 	secretary, treasurer, and other officers as the board shall from
3.31 	time to time deem necessary.  The board shall elect officers by
3.32 	a majority vote of the board at the annual meeting, or in the
3.33 	case of the initial board, at the first meeting following
3.34 	appointment by the county board.
3.35 	(b) Any of the offices or functions, with the exception of
3.36 	the chair and vice chair, may be held or exercised by the same
4.1 	person.
4.2 		Subd. 2.Removal. An officer may be removed without
4.3 	cause by a two-thirds majority vote of the board of the
4.4 	corporation.

4.5 	Sec. 5. [383B.905] AUTHORITY AND DUTIES OF OFFICERS AND
4.6 	DIRECTORS.
4.7 		Subdivision 1.In bylaws or by board. Officers and
4.8 	directors have the authority and duties in the management of the
4.9 	business of the corporation that the bylaws prescribe or, in the
4.10 	absence of such prescription, as the board determines.
4.11 		Subd. 2.Ordinary prudent person standard. Officers and
4.12 	directors shall discharge their duties in good faith, in the
4.13 	manner the officer or director reasonably believes to be in the
4.14 	best interests of the corporation, and with the care an ordinary
4.15 	prudent person in a like position would exercise under similar
4.16 	circumstances.
4.17 		Subd. 3.Not trustees. Officers and directors are not
4.18 	considered to be trustees with respect to the corporation or
4.19 	with respect to property held or administered by the
4.20 	corporation, including, without limit, property that may be
4.21 	subject to restrictions imposed by the donor or transferor of
4.22 	the property.

4.23 	Sec. 6. [383B.906] BYLAWS.
4.24 	Prior to the appointment of the initial board of the
4.25 	corporation, the county board shall approve the bylaws of the
4.26 	corporation.  Thereafter, the board of the corporation may
4.27 	adopt, amend, or repeal bylaws relating to the management of the
4.28 	business or regulation of the affairs of the corporation, except
4.29 	that the county board shall approve any bylaws change relating
4.30 	to:
4.31 	(1) board composition, board and officer selection, terms,
4.32 	removal, or qualifications;
4.33 	(2) the county board's reserved powers as specified in the
4.34 	bylaws;
4.35 	(3) the ability of the corporation to engage in joint
4.36 	ventures;
5.1 	(4) the ability of the corporation to incur debt through
5.2 	the county;
5.3 	(5) the ability of the corporation to create subsidiaries;
5.4 	(6) the ability of the corporation to merge or dissolve;
5.5 	(7) the ability of the corporation to use subsidiaries to
5.6 	undertake functions or activities performed by employees of the
5.7 	corporation; or 
5.8 	(8) the mission of the corporation.

5.9 	Sec. 7. [383B.907] CORPORATE POWERS.
5.10 		Subdivision 1.Authority and powers of the
5.11 	board. Subject to the reserved powers and limitations specified
5.12 	in sections 383B.903, subdivision 3, and 383B.908, or as
5.13 	specified in the bylaws of the corporation, the corporation,
5.14 	through its board, shall, relative to the delivery of health
5.15 	care services, have, in addition to any authority vested by law,
5.16 	the authority and legal capacity of a nonprofit corporation
5.17 	under chapter 317A including the authority to:
5.18 	(1) have members of its governing authority or its officers
5.19 	or administrators serve as directors, officers, or employees of
5.20 	the corporation's ventures, associations, or corporations;
5.21 	(2) hire and discharge an administrator;
5.22 	(3) approve personnel policies and practices, any
5.23 	applicable labor agreements, and levels of compensation and
5.24 	benefits recommended by the administrator;
5.25 	(4) use employees, agents, consultants, and facilities of
5.26 	the county, as necessary in the discretion of the board, paying
5.27 	the county its agreed proportion of the compensation or costs
5.28 	pursuant to an agreement with the county;
5.29 	(5) spend funds, including public funds in any form, or
5.30 	devote the resources of the corporation to recruit and retain
5.31 	physicians whose services are necessary or desirable for meeting
5.32 	the health care needs of the population and for the successful
5.33 	performance of the public purpose of the corporation.  Allowable
5.34 	uses of funds and resources include the retirement of medical
5.35 	education debt, payment of onetime amounts in consideration of
5.36 	services rendered or to be rendered, payment of recruitment
6.1 	expenses, payment of moving expenses, and the provision of other
6.2 	financial assistance necessary for the recruitment and retention
6.3 	of physicians, provided that the expenditures in whatever form
6.4 	are reasonable under the facts and circumstances of the
6.5 	situation;
6.6 	(6) offer, directly or indirectly, products and services of
6.7 	the corporation and/or affiliated entities to the general
6.8 	public, and retain any profits earned through the provision of
6.9 	these products and services for the purpose of advancing the
6.10 	mission of the corporation;
6.11 	(7) own shares of stock in business corporations;
6.12 	(8) borrow money and issue bonds in support and promotion
6.13 	of the corporation's purpose and mission and providing any
6.14 	rights and obligations related thereto;
6.15 	(9) accept gifts, grants, loans, or contributions of funds
6.16 	or property or financial or other aid in any form from, and
6.17 	enter into contracts or other transactions with, the federal
6.18 	government, the state of Minnesota, third-party payors, or any
6.19 	other source, and to use any gifts, grants, loans, or
6.20 	contributions for any of its corporate purposes;
6.21 	(10) enter shared service and other cooperative ventures;
6.22 	(11) join or sponsor membership in organizations intended
6.23 	to benefit the corporation;
6.24 	(12) enter partnerships, joint ventures, or other business
6.25 	arrangements to advance the mission of the corporation;
6.26 	(13) sue or be sued; and 
6.27 	(14) incorporate other corporations, both for profit and
6.28 	nonprofit.
6.29 		Subd. 2.Other powers. Subject to the reserved powers
6.30 	and limitations specified in sections 383B.903, subdivision 3,
6.31 	and 383B.908, or as specified in the bylaws of the corporation,
6.32 	the corporation shall have all the powers necessary and
6.33 	convenient for the operation, administration, management, and
6.34 	control of the corporation's affairs.  The enumeration of
6.35 	specific powers in this section is not intended to restrict the
6.36 	power of the corporation to take any action which, in the
7.1 	exercise of its discretion, is necessary or convenient to
7.2 	further the purposes for which the corporation exists and that
7.3 	is not otherwise prohibited by law, whether or not the power to
7.4 	take the action is necessarily implied from the powers expressly
7.5 	granted.

7.6 	Sec. 8. [383B.908] LIMITATIONS UPON CORPORATE POWERS;
7.7 	RESERVED POWERS.
7.8 		Subdivision 1.Powers reserved to the
7.9 	county. Notwithstanding the authority granted to the board in
7.10 	section 383B.907, the county board shall retain specific
7.11 	controls over the corporation's mission, ability to incur
7.12 	indebtedness through the county, indigent care, and governance.
7.13 	These county board controls must be specified in the bylaws or
7.14 	other transactional documents, which shall be approved by the
7.15 	county board.
7.16 		Subd. 2.Restriction on disposition of the assets. The
7.17 	corporation shall not have the power to dissolve, merge,
7.18 	consolidate, transfer, liquidate, or otherwise dispose of or
7.19 	distribute all, or substantially all, of the corporation's
7.20 	assets without a county board resolution approved by a majority
7.21 	of the county board.
7.22 		Subd. 3.Distribution of assets upon dissolution. In the
7.23 	event of the dissolution of the corporation, the net assets of
7.24 	the corporation shall be distributed to the county for public
7.25 	purposes.
7.26 		Subd. 4.Compensation and payment limitations. No part
7.27 	of the net earnings and assets of the corporation shall inure to
7.28 	the benefit of any private individual, nor shall any part of the
7.29 	income or assets of the corporation be distributed to or divided
7.30 	among any private individuals as dividends or otherwise.
7.31 		Subd. 5.Financial oversight. The county board shall
7.32 	approve the annual budget of the corporation and receive an
7.33 	annual audited financial statement.  The annual budget shall
7.34 	address how efficiencies and revenues contribute to stabilize or
7.35 	reduce county liabilities for indigent care.  The county board
7.36 	shall also retain the right to conduct an independent audit of
8.1 	the finances of the corporation.
8.2 		Subd. 6.County services. The county board shall retain
8.3 	the authority to require the corporation to provide other health
8.4 	care or health care related services as the county board
8.5 	determines to be in the best interest of the county.  The
8.6 	corporation shall provide these services as long as the county
8.7 	board provides funds to pay for the services.  Payment to the
8.8 	corporation for the services shall be as agreed between the
8.9 	corporation and the county board.
8.10 		Subd. 7.Dissolution or reorganization of the
8.11 	corporation. The county board shall retain the right to
8.12 	dissolve the corporation, reorganize the corporation, or remove
8.13 	the entire corporate board in order to resume management of
8.14 	Hennepin County Medical Center upon a two-thirds vote of the
8.15 	entire county board.

8.16 	Sec. 9. [383B.909] CORPORATE SEAL.
8.17 	The corporation shall not have a corporate seal.

8.18 	Sec. 10. [383B.910] BOARD MEETINGS.
8.19 	In accordance with the bylaws of the corporation, the board
8.20 	shall provide for annual, regular, and special meetings to be
8.21 	held at a designated interval throughout the year.  Notice of
8.22 	these meetings shall be provided in accordance with the bylaws
8.23 	of the corporation.

8.24 	Sec. 11. [383B.911] PUBLIC DEPOSITORY.
8.25 	The corporation shall have jurisdiction over its accounts
8.26 	and payrolls and shall establish and maintain a public
8.27 	depository.  The corporation may use the county as a public
8.28 	depository.  If the depository is not the county, the depository
8.29 	must be subject to chapter 118A, except that the corporation
8.30 	shall determine the appropriate security.  The corporation shall
8.31 	establish and maintain all necessary accounts.  The corporation
8.32 	may establish reserve accounts, depreciation accounts, and
8.33 	working capital funds in order to operate on an accrual basis.

8.34 	Sec. 12. [383B.912] TRANSFER OF RIGHTS.
8.35 		Subdivision 1.Corporation as continuation of hcmc. The
8.36 	corporation created by section 383B.901 shall be considered a
9.1 	continuation of HCMC for purposes of all the rights,
9.2 	liabilities, and contractual obligations of the county
9.3 	pertaining to the operations of HCMC except as otherwise
9.4 	provided herein.  The corporation succeeds to all rights and
9.5 	contractual obligations of the county pertaining to the
9.6 	operations of HCMC with the same force and effect as if those
9.7 	rights and obligations had been continued by the county itself.
9.8 		Subd. 2.Pending matters. The corporation may conduct
9.9 	and complete any legal action, administrative proceeding, or any
9.10 	other matter commenced by or against HCMC or the county, on
9.11 	behalf of HCMC, which was incurred before or pending as of the
9.12 	effective date, in the same manner, under the same conditions,
9.13 	and with the same effect as though the action, proceeding, or
9.14 	other matter were conducted or completed by HCMC or the county
9.15 	acting on behalf of HCMC.
9.16 		Subd. 3.Transfer of documents required. On the
9.17 	effective date, HCMC, or the county on behalf of HCMC, shall
9.18 	have the authority to transfer and deliver to the corporation,
9.19 	as specified in the lease and other transactional documents
9.20 	referenced in section 383B.913, all contracts, books, bonds,
9.21 	plans, paper, records, including all personnel and medical
9.22 	records, and other property of every description within the
9.23 	jurisdiction or control of HCMC, or the county acting on behalf
9.24 	of HCMC, except as otherwise provided herein.
9.25 		Subd. 4.Transfer of funds. On the effective date, HCMC,
9.26 	or the county on behalf of HCMC, shall have the authority to
9.27 	transfer to the corporation all unspent funds appropriated to
9.28 	HCMC, as specified in the lease and other transactional
9.29 	documents referenced in section 383B.913.

9.30 	Sec. 13. [383B.913] LEASE OR TRANSFER OF ASSETS.
9.31 		Subdivision 1.Corporate status. The corporation shall
9.32 	be considered a "public corporation" for purposes of section
9.33 	465.035.
9.34 		Subd. 2.Lease of real property. Notwithstanding any
9.35 	other laws to the contrary, as of the effective date, the county
9.36 	shall have the authority to enter into a lease, mutually
10.1 	agreeable to both parties, with the corporation for
10.2 	substantially all of the real property acquired by or turned
10.3 	over to the county for the establishment, operation, or
10.4 	maintenance of HCMC prior to and as of the effective date and
10.5 	necessary for the operation of the corporation.  Subject to
10.6 	restrictions specified in the written lease and other
10.7 	transaction documents by and between the county and the
10.8 	corporation, the county shall lease the real property
10.9 	exclusively to the corporation.  For the purposes of this
10.10 	subdivision, real property shall mean the real property used by
10.11 	the county for the operations of HCMC that the county shall
10.12 	lease to Hennepin Healthcare System, Inc., as specified in the
10.13 	lease documents and this act as of the effective date.
10.14 		Subd. 3.Requirements of lease. In order for the county
10.15 	to enter into the lease described in subdivision 2, the lease
10.16 	must also address the following:
10.17 	(1) continued primary use of the property for health and
10.18 	hospital services;
10.19 	(2) indigent care;
10.20 	(3) capital improvements;
10.21 	(4) joint ventures and partnerships;
10.22 	(5) assignments and subleases; and 
10.23 	(6) changes to hospital capacity.
10.24 		Subd. 4.Transfer of assets. The county shall transfer
10.25 	to the corporation assets as designated by the county in
10.26 	transactional documents accompanying the lease for use in the
10.27 	operations of HCMC.  For purposes of this subdivision, assets
10.28 	means the equipment and other personal property used by the
10.29 	county for the operations of HCMC that the county shall transfer
10.30 	to Hennepin Healthcare System, Inc., as specified in the
10.31 	transaction documents and this act as of the effective date.
10.32 		Subd. 5.No advertising or bids. The county may transfer
10.33 	and lease the assets and real property to the corporation as
10.34 	specified in subdivisions 2 and 3 without first advertising for
10.35 	or soliciting any bids.

10.36 	Sec. 14. [383B.914] STATUS OF PRESENT EMPLOYEES;
11.1 	BARGAINING UNITS; RETIREMENT COVERAGE.
11.2 		Subdivision 1.Health system human resources
11.3 	system. Persons employed at the corporation created shall be
11.4 	subject to a human resources system that is designed to offer
11.5 	appropriate benefits to workers employed in a health care
11.6 	setting.  This human resources system shall replace the general
11.7 	county human resources system prescribed in sections 383B.26 to
11.8 	383B.42, and any rules related to it.  The corporation shall
11.9 	have the authority to establish all personnel policies and
11.10 	practices, negotiate applicable labor agreements, and set all
11.11 	levels of compensation and benefits which are considered
11.12 	appropriate by the board except as limited in this section.  The
11.13 	human resources system is subject to the following human
11.14 	resources requirements:
11.15 	(1) determine compensation according to the pay equity
11.16 	requirements under sections 471.991 to 471.999;
11.17 	(2) provide preferences for veterans according to the
11.18 	Veterans Preference Act under sections 197.455, 197.46, and
11.19 	375.63; and 
11.20 	(3) provide an appeals process for an individual who is
11.21 	discharged, demoted, or suspended.
11.22 		Subd. 2.Employee transfer. All persons employed by the
11.23 	county whose employment is accounted for in the county
11.24 	enterprise fund for HCMC, on the effective date, shall be
11.25 	transferred to the corporation as specified in the lease and
11.26 	other transactional documents referenced in section 383B.913.
11.27 	The transfer of employees to the corporation under this
11.28 	subdivision does not constitute severance or termination of
11.29 	employment or a layoff entitling transferred employees to
11.30 	severance pay, termination benefits, a retirement plan refund,
11.31 	or any other right that may be applicable in the case of
11.32 	severance, termination, or layoff.
11.33 		Subd. 3.Current positions. Each person employed by the
11.34 	county who is transferred to the corporation on the effective
11.35 	date shall retain employment and accrued benefits, including
11.36 	participation in deferred compensation programs, and will be
12.1 	recorded by most recent date of employment with Hennepin County
12.2 	upon transfer to the corporation created in section 383B.901.
12.3 		Subd. 4.Bargaining units. The corporation shall
12.4 	recognize existing bargaining units organized by employees of
12.5 	HCMC and the exclusive representatives of those bargaining units
12.6 	as of the effective date.  The corporation shall adopt all
12.7 	current labor agreements as of the effective date for the term
12.8 	of those agreements, except for countywide references,
12.9 	countywide provisions, and countywide human resources rules.
12.10 		Subd. 5.General employee retirement benefits. (a)
12.11 	Except as provided in paragraph (b), employees of the
12.12 	corporation, other than paramedics, emergency medical
12.13 	technicians and the supervisors and managers of such employees,
12.14 	and protection officers and supervisors of such employees, are
12.15 	"public employees" under chapter 353 and are members of the
12.16 	general employees retirement plan of the Public Employees
12.17 	Retirement Association, including employees transferred to the
12.18 	corporation under subdivision 2 and employees hired by the
12.19 	corporation after the effective date.
12.20 	(b) Notwithstanding sections 356.24 and 356.25, the
12.21 	corporation has the authority to create alternative retirement
12.22 	plans that are not defined benefit pension plans for the
12.23 	following classes of employees:  supervisors, managers,
12.24 	physicians, and independent health practitioners who bill
12.25 	independently for their time, provided the value of the
12.26 	aggregate benefits are substantially comparable to the general
12.27 	employee retirement plan of the Public Employees Retirement
12.28 	Association.  These classes of employees are eligible to
12.29 	participate in the general retirement plan of the Public
12.30 	Employees Retirement Association until and unless the
12.31 	corporation creates alternative retirement plans.  Only those
12.32 	employees who are within the designated class and who are hired
12.33 	after the date of creation of the alternative plan may be
12.34 	enrolled in the alternative retirement plan in lieu of
12.35 	participation in the general employees retirement plan of the
12.36 	Public Employees Retirement Association.  Any alternative
13.1 	retirement benefit plan established by the corporation must
13.2 	comply with the financial reporting requirements for public
13.3 	pension plans under section 356.20 and the investment
13.4 	performance reporting requirements for public pension plans
13.5 	under section 356.219.
13.6 		Subd. 6.Employees eligible to continue participation in
13.7 	public employee retirement association correctional, police and
13.8 	fire benefit plans. Notwithstanding subdivision 5, both
13.9 	existing and future employees of the corporation in the
13.10 	positions of paramedic and emergency medical technician,
13.11 	including supervisors and managers of such employees, as
13.12 	provided in section 353.64, subdivision 10, are members of the
13.13 	public employees police and fire retirement plan under sections
13.14 	353.63 to 353.68 and in the position of protection officer,
13.15 	including supervisors of such employees, as provided in section
13.16 	353E.02, subdivision 2a, are members of the local government
13.17 	correctional retirement plan under chapter 353E.
13.18 		Subd. 7.Participation in state deferred compensation
13.19 	plan. (a) Existing employees of the corporation, at the
13.20 	election of the corporation, if otherwise qualified, are
13.21 	eligible to participate in the Hennepin County supplemental
13.22 	retirement plan under sections 383B.46 and 383B.52.
13.23 	(b) Existing and future employees of the corporation, at
13.24 	the election of the corporation, are eligible to participate in
13.25 	the Minnesota state deferred compensation plan under section
13.26 	352.96, the postretirement health care savings plan under
13.27 	section 352.98, and all other deferred compensation arrangements
13.28 	for which all persons employed by the county whose employment is
13.29 	accounted for in the county enterprise fund for HCMC were
13.30 	eligible.
13.31 		Subd. 8.Subsidiaries. Any subsidiary created by the
13.32 	corporation shall be subject to the same human resources
13.33 	requirements as those that apply to the corporation under
13.34 	subdivision 1.

13.35 	Sec. 15. [383B.915] BONDING AUTHORITY OF CORPORATION.
13.36 		Subdivision 1.Municipality. The corporation shall be
14.1 	considered a "municipality" pursuant to section 475.51,
14.2 	subdivision 2, for purposes of bond issuance and shall have all
14.3 	the authority conferred on municipalities by chapter 475, unless
14.4 	that authority is modified in this section.
14.5 		Subd. 2.Sale of bonds. Subject to the reserved powers
14.6 	and limitations specified in section 383B.908 and
14.7 	notwithstanding any of the corporation's enumerated powers, the
14.8 	corporation may issue and sell revenue bonds or other revenue
14.9 	obligations to finance capital improvements or for the
14.10 	acquisition and betterment of facilities or other property to be
14.11 	utilized for the delivery of health care and related research,
14.12 	the establishment of reserves for bond payment, or for other
14.13 	proper corporate purposes.
14.14 		Subd. 3.Security for bonds. Subject to the reserved
14.15 	powers and limitations specified in section 383B.908 and
14.16 	notwithstanding any of the corporation's enumerated powers, the
14.17 	bonds may be secured by a mortgage of or security interest in
14.18 	any property owned by the corporation or any interest of the
14.19 	corporation in any property and by a pledge of revenues to be
14.20 	derived from operation of the corporation's facilities as a
14.21 	first and prior lien thereon or as a lien subordinate to the
14.22 	costs of operation and maintenance of the facilities.  The bonds
14.23 	must be in an amount, and shall mature, as provided by
14.24 	resolution of the board and may be issued in one or more series
14.25 	and shall bear a date or dates, bear interest at a rate or
14.26 	rates, be in a denomination or denominations, be in the form
14.27 	either coupon or registered, carry the conversion or
14.28 	registration privileges, have rank or priority, be executed in
14.29 	the manner, be payable in medium of payment at the place or
14.30 	places, and be subject to the terms of redemption, with or
14.31 	without premium, as the resolution may provide.  The bonds may
14.32 	be sold at public or private sale at a price or prices
14.33 	determined by the resolution.  Notwithstanding any law to the
14.34 	contrary, the bonds must be fully negotiable.  The corporation
14.35 	may enter into the covenants the board, by resolution, shall
14.36 	deem necessary and proper to secure payment of the bonds.  The
15.1 	revenue bonds must state on their face that they are not payable
15.2 	from, nor may be a charge upon, any funds other than the
15.3 	revenues and property pledged or mortgaged for their payment,
15.4 	nor shall the corporation be subject to any liability on them or
15.5 	have the power to obligate itself to pay or pay the revenue
15.6 	bonds from funds other than the revenues and property pledged
15.7 	and mortgaged.  No holder or holders of the bonds shall ever
15.8 	have the right to compel any exercise of any taxing power of the
15.9 	county or any other public body to pay the principal of or
15.10 	interest on any of them, nor to enforce payment of them against
15.11 	any property other than that expressly pledged or mortgaged for
15.12 	their payment.

15.13 	Sec. 16. [383B.916] FINANCING THROUGH COUNTY.
15.14 	In addition to the authority granted in section 16, the
15.15 	county may finance any improvements, equipment, or other
15.16 	property to be operated by the corporation and may issue bonds
15.17 	for such purposes pursuant to and subject to the procedures and
15.18 	limitations set forth in section 373.40, 383B.117, 447.45, or
15.19 	other law, as appropriate, whether or not the capital
15.20 	improvement or equipment to be financed is to be owned by the
15.21 	county or the corporation.

15.22 	Sec. 17. [383B.917] OPEN MEETING LAW; GOVERNMENT DATA
15.23 	PRACTICES ACT.
15.24 		Subdivision 1.Corporation not subject to open meeting
15.25 	law and data practices act. The corporation and any
15.26 	organization, association, partnership, or corporation created,
15.27 	controlled, or owned by the corporation, shall not be subject to
15.28 	the Open Meeting Law, chapter 13D, or the Minnesota Government
15.29 	Data Practices Act, chapter 13.
15.30 		Subd. 2.Corporation to make information publicly
15.31 	available. The corporation shall make available for public
15.32 	inspection the following:
15.33 	(1) the corporation's annual audited financial statements,
15.34 	prepared in accordance with generally accepted accounting
15.35 	principles, and which shall include all of the information a
15.36 	charitable organization is required to disclose under section
16.1 	309.53, subdivision 3;
16.2 	(2) the corporation's current federal tax or informational
16.3 	return on file with the Internal Revenue Service, if applicable;
16.4 	(3) the corporation's bylaws;
16.5 	(4) the corporation's health services plan; and 
16.6 	(5) any material provided to the county board that the
16.7 	county board would be subject to release under the Minnesota
16.8 	Government Data Practices Act and other applicable law.
16.9 		Subd. 3.Public meetings. Each year the corporation
16.10 	shall hold a meeting which must be open to the public.  At this
16.11 	meeting, the board of directors and the administrator of the
16.12 	corporation shall report on the affairs of the corporation and
16.13 	the goals for the future, including a report on the health
16.14 	services plan specified in section 383B.918.  The corporation
16.15 	shall hold additional public meetings during the development and
16.16 	implementation phase of the health services plan for the purpose
16.17 	of informing the public and receiving public comment.  That
16.18 	portion of a meeting of the board of directors of the
16.19 	corporation at which the annual budget of the corporation is
16.20 	approved prior to submission to the county board for approval
16.21 	shall be open to the public.  Notification of these meetings
16.22 	shall be published on the corporation's Web site and in at least
16.23 	one local paper at least two weeks prior to the meeting.  Any
16.24 	meeting at which the county board is discussing the approval of
16.25 	the budget, health services plan, the corporation's audited
16.26 	financial statement, or any other matter subject to the county
16.27 	board's reserved powers as specified in section 383B.908, or in
16.28 	the bylaws, is subject to the requirements of the Minnesota Open
16.29 	Meeting Law and other applicable laws.

16.30 	Sec. 18. [383B.918] HEALTH SERVICES PLAN.
16.31 	The corporation shall prepare, and submit to the county
16.32 	board for review and approval, a health services plan that draws
16.33 	from a population health needs assessment and delineates the
16.34 	corporation's role in the community, including education,
16.35 	research, and services to improve the health status of the
16.36 	community including indigent populations.  The health services
17.1 	plan shall contain a description of how the corporation shall
17.2 	continue to coordinate with the county to provide health-related
17.3 	services to the residents of Hennepin County, including the
17.4 	indigent as defined by state and federal law and as determined
17.5 	by the Hennepin County Board of Commissioners.

17.6 	Sec. 19. [383B.919] TORT LIABILITY.
17.7 	The corporation shall be a "municipality" for purposes of
17.8 	tort liability pursuant to chapter 466.

17.9 	Sec. 20. [383B.920] REVENUE RECAPTURE ACT.
17.10 	The corporation shall be considered a "claimant agency" for
17.11 	purposes of the Revenue Recapture Act, chapter 270A.

17.12 	Sec. 21. [383B.921] PURCHASING.
17.13 		Subdivision 1.Public procurement. Notwithstanding any
17.14 	law to the contrary, contracting and purchasing of goods,
17.15 	materials, supplies, equipment, and services that are included
17.16 	as part of a contract for the purchase of goods, materials,
17.17 	supplies, equipment, or services are specifically exempted from
17.18 	sections 383B.141 to 383B.151 and 471.345 to 471.371, or other
17.19 	applicable laws related to public procurement.
17.20 		Subd. 2.Purchasing and service contracts. The
17.21 	corporation may purchase directly or utilize the services of a
17.22 	nonprofit cooperative hospital service organization, the county,
17.23 	the state of Minnesota, the University of Minnesota, or any
17.24 	other political subdivision or agency of the state of Minnesota
17.25 	in the purchase of all goods, materials, and services that the
17.26 	corporation may require.

17.27 	Sec. 22. [383B.922] LEGAL COUNSEL.
17.28 	With respect to the provisions of section 388.051, the
17.29 	corporation shall be deemed a part of Hennepin County for
17.30 	purposes of the Hennepin County attorney serving as legal
17.31 	counsel to the corporation; provided, however, that the
17.32 	corporation and the Hennepin County attorney may enter into an
17.33 	arrangement with respect to the hiring of outside counsel on
17.34 	behalf of the corporation.  The corporation shall reimburse the
17.35 	county for legal services provided by the Hennepin County
17.36 	attorney, including any and all costs, and the reimbursement
18.1 	shall be credited to the budget of the Hennepin County attorney.

18.2 	Sec. 23. [383B.923] SELF-INSURANCE.
18.3 		Subdivision 1.Self-insurance. The corporation may
18.4 	participate in any self-insurance program established by the
18.5 	county in accordance with section 383B.155.
18.6 		Subd. 2.Additional benefits to employees. The
18.7 	corporation may provide for the payment of additional benefits
18.8 	to employees from their accumulated vacation, sick leave, or
18.9 	overtime credits if the employees of the corporation and any of
18.10 	its subsidiaries are entitled to the benefits of the Workers'
18.11 	Compensation Law and have at the time of compensable injury
18.12 	accumulated credits under a vacation, sick leave, or overtime
18.13 	plan or system maintained by the corporation.  The additional
18.14 	payments to an employee may not exceed the amount of the total
18.15 	sick leave, vacation, or overtime credits accumulated by the
18.16 	employee and shall not result in the payment of a total weekly
18.17 	rate of compensation that exceeds the weekly wage of the
18.18 	employee.  The additional payments to any employee shall be
18.19 	charged against the sick leave, vacation, and overtime credits
18.20 	accumulated by the employee.  Employees of the corporation and
18.21 	any of its subsidiaries entitled to the benefits of the Workers'
18.22 	Compensation Law may receive additional benefits pursuant to a
18.23 	collective bargaining agreement or other plan, entered into or
18.24 	in effect on or after January 1, 2003, providing payments by or
18.25 	on behalf of the employer, and these additional benefits may be
18.26 	unrelated to any accumulated sick leave, holiday, or overtime
18.27 	credits and need not be charged against any accumulation;
18.28 	provided that the additional payments must not result in the
18.29 	payment of a total weekly rate of compensation that exceeds the
18.30 	weekly wage of the employee.  The corporation and its
18.31 	subsidiaries may adopt rules and regulations consistent with
18.32 	chapter 179, to carry out the section relating to payment of
18.33 	additional benefits to employees from accumulated sick leave,
18.34 	vacation, overtime credits, or other sources.

18.35 	Sec. 24. [383B.924] HOSPITAL AUTHORITIES.
18.36 	The corporation shall not be considered a hospital or
19.1 	hospital district subject to section 144.581.

19.2 	Sec. 25. [383B.925] TAX-EXEMPT STATUS.
19.3 	The corporation is an organization exempt from taxation
19.4 	pursuant to chapters 290 and 297A.

19.5 	Sec. 26. [383B.926] PREPAID HEALTH PLAN.
19.6 	The corporation is a county-affiliated public teaching
19.7 	hospital for purposes of section 256D.03, subdivision 4.

19.8 	Sec. 27. [383B.927] INTERGOVERNMENTAL TRANSFERS.
19.9 	For purposes of medical assistance, Medicaid, Medicare, and
19.10 	other public programs, the corporation shall continue to be a
19.11 	"unit of state or local government" and a "government owned or
19.12 	operated hospital," and shall be eligible to receive
19.13 	"intergovernmental transfers" and "certified public expenditures"
19.14 	as may be authorized from time to time by the state of Minnesota
19.15 	or Hennepin County.

19.16 	Sec. 28. [383B.928] INDIGENT CARE.
19.17 		Subdivision 1.Services. The corporation shall provide
19.18 	health care and related services for the indigent of the county
19.19 	as required by the terms of the lease as specified in section
19.20 	383B.913, subdivisions 2 and 3, consistent with any agreement
19.21 	for payment for those services made with the county.
19.22 		Subd. 2.Funds. Notwithstanding any law to the contrary,
19.23 	the county may provide funds for the purchase of medical care
19.24 	for the indigent of the county from a provider selected by the
19.25 	county with or without public bid.

19.26 	Sec. 29. EFFECTIVE DATES.
 19.27 	(a) Sections 3 to 8, regarding governance and corporate
19.28 	powers; section 14, subdivision 1, regarding the establishment
19.29 	of personnel policies; and section 17, regarding the Minnesota
19.30 	Open Meeting Law and the Government Data Practices Act are
19.31 	effective when the initial board of the corporation is appointed
19.32 	by the county board.
19.33 	(b) The remaining sections of the bill are effective the
19.34 	day after the county board files a certificate of local approval
19.35 	in compliance with Minnesota Statutes, section 645.021,
19.36 	subdivision 3, after which the corporation shall commence
20.1 	operation and management of Hennepin County Medical Center.

20.2 	ARTICLE 2
20.3 	LABOR RELATIONS; RELATED ISSUES

20.4 	Section 1. Minnesota Statutes 2004, section 179A.03,
20.5 	subdivision 7, is amended to read:
20.6 		Subd. 7.Essential employee.  "Essential employee" means
20.7 	firefighters, peace officers subject to licensure under sections
20.8 	626.84 to 626.863, 911 system and police and fire department
20.9 	public safety dispatchers, guards at correctional facilities,
20.10 	confidential employees, supervisory employees, assistant county
20.11 	attorneys, assistant city attorneys, principals, and assistant
20.12 	principals.  However, for state employees, "essential employee"
20.13 	means all employees in law enforcement, health care
20.14 	professionals, correctional guards, professional engineering,
20.15 	and supervisory collective bargaining units, irrespective of
20.16 	severance, and no other employees.  For University of Minnesota
20.17 	employees, "essential employee" means all employees in law
20.18 	enforcement, nursing professional and supervisory units,
20.19 	irrespective of severance, and no other employees.
20.20 	"Firefighters" means salaried employees of a fire department
20.21 	whose duties include, directly or indirectly, controlling,
20.22 	extinguishing, preventing, detecting, or investigating fires.
20.23 	Employees for whom the state court administrator is the
20.24 	negotiating employer are not essential employees. For Hennepin
20.25 	Healthcare System, Inc. employees, "essential employees" means
20.26 	all employees.

20.27 	Sec. 2. Minnesota Statutes 2004, section 179A.03,
20.28 	subdivision 14, is amended to read:
20.29 		Subd. 14.Public employee or employee.  "Public employee"
20.30 	or "employee" means any person appointed or employed by a public
20.31 	employer except:
20.32 	(a) elected public officials;
20.33 	(b) election officers;
20.34 	(c) commissioned or enlisted personnel of the Minnesota
20.35 	National Guard;
20.36 	(d) emergency employees who are employed for emergency work
21.1 	caused by natural disaster;
21.2 	(e) part-time employees whose service does not exceed the
21.3 	lesser of 14 hours per week or 35 percent of the normal work
21.4 	week in the employee's appropriate unit;
21.5 	(f) employees whose positions are basically temporary or
21.6 	seasonal in character and:  (1) are not for more than 67 working
21.7 	days in any calendar year; or (2) are not for more than 100
21.8 	working days in any calendar year and the employees are under
21.9 	the age of 22, are full-time students enrolled in a nonprofit or
21.10 	public educational institution prior to being hired by the
21.11 	employer, and have indicated, either in an application for
21.12 	employment or by being enrolled at an educational institution
21.13 	for the next academic year or term, an intention to continue as
21.14 	students during or after their temporary employment;
21.15 	(g) employees providing services for not more than two
21.16 	consecutive quarters to the Board of Trustees of the Minnesota
21.17 	State Colleges and Universities under the terms of a
21.18 	professional or technical services contract as defined in
21.19 	section 16C.08, subdivision 1;
21.20 	(h) employees of charitable hospitals as defined by section
21.21 	179.35, subdivision 3;
21.22 	(i) full-time undergraduate students employed by the school
21.23 	which they attend under a work-study program or in connection
21.24 	with the receipt of financial aid, irrespective of number of
21.25 	hours of service per week;
21.26 	(j) an individual who is employed for less than 300 hours
21.27 	in a fiscal year as an instructor in an adult vocational
21.28 	education program;
21.29 	(k) an individual hired by the Board of Trustees of the
21.30 	Minnesota State Colleges and Universities to teach one course
21.31 	for three or fewer credits for one semester in a year;
21.32 	(l) with respect to court employees:
21.33 	(1) personal secretaries to judges;
21.34 	(2) law clerks;
21.35 	(3) managerial employees;
21.36 	(4) confidential employees; and
22.1 	(5) supervisory employees.;
22.2 	(m) with respect to employees of Hennepin Healthcare
22.3 	System, Inc., managerial, supervisory, and confidential
22.4 	employees.
22.5 	The following individuals are public employees regardless
22.6 	of the exclusions of clauses (e) and (f):
22.7 	(i) An employee hired by a school district or the Board of
22.8 	Trustees of the Minnesota State Colleges and Universities except
22.9 	at the university established in section 136F.13 or for
22.10 	community services or community education instruction offered on
22.11 	a noncredit basis:  (A) to replace an absent teacher or faculty
22.12 	member who is a public employee, where the replacement employee
22.13 	is employed more than 30 working days as a replacement for that
22.14 	teacher or faculty member; or (B) to take a teaching position
22.15 	created due to increased enrollment, curriculum expansion,
22.16 	courses which are a part of the curriculum whether offered
22.17 	annually or not, or other appropriate reasons; and
22.18 	(ii) An employee hired for a position under clause (f)(1)
22.19 	if that same position has already been filled under clause
22.20 	(f)(1) in the same calendar year and the cumulative number of
22.21 	days worked in that same position by all employees exceeds 67
22.22 	calendar days in that year.  For the purpose of this paragraph,
22.23 	"same position" includes a substantially equivalent position if
22.24 	it is not the same position solely due to a change in the
22.25 	classification or title of the position.

22.26 	Sec. 3. Minnesota Statutes 2004, section 179A.03,
22.27 	subdivision 15, is amended to read:
22.28 		Subd. 15.Public employer or employer.  "Public employer"
22.29 	or "employer" means:
22.30 	(a) the state of Minnesota for employees of the state not
22.31 	otherwise provided for in this subdivision or section 179A.10
22.32 	for executive branch employees;
22.33 	(b) the Board of Regents of the University of Minnesota for
22.34 	its employees;
22.35 	(c) the state court administrator for court employees;
22.36 	(d) the state Board of Public Defense for its employees;
23.1 	and 
23.2 	(e) Hennepin Healthcare System, Inc.; and 
23.3 	(f) notwithstanding any other law to the contrary, the
23.4 	governing body of a political subdivision or its agency or
23.5 	instrumentality which has final budgetary approval authority for
23.6 	its employees.  However, the views of elected appointing
23.7 	authorities who have standing to initiate interest arbitration,
23.8 	and who are responsible for the selection, direction,
23.9 	discipline, and discharge of individual employees shall be
23.10 	considered by the employer in the course of the discharge of
23.11 	rights and duties under sections 179A.01 to 179A.25.
23.12 	When two or more units of government subject to sections
23.13 	179A.01 to 179A.25 undertake a project or form a new agency
23.14 	under law authorizing common or joint action, the employer is
23.15 	the governing person or board of the created agency.  The
23.16 	governing official or body of the cooperating governmental units
23.17 	shall be bound by an agreement entered into by the created
23.18 	agency according to sections 179A.01 to 179A.25.
23.19 	"Public employer" or "employer" does not include a
23.20 	"charitable hospital" as defined in section 179.35, subdivision
23.21 	2.
23.22 	Nothing in this subdivision diminishes the authority
23.23 	granted pursuant to law to an appointing authority with respect
23.24 	to the selection, direction, discipline, or discharge of an
23.25 	individual employee if this action is consistent with general
23.26 	procedures and standards relating to selection, direction,
23.27 	discipline, or discharge which are the subject of an agreement
23.28 	entered into under sections 179A.01 to 179A.25.

23.29 	Sec. 4. Minnesota Statutes 2004, section 179A.06,
23.30 	subdivision 2, is amended to read:
23.31 		Subd. 2.Right to organize.  Public employees have the
23.32 	right to form and join labor or employee organizations, and have
23.33 	the right not to form and join such organizations.  Public
23.34 	employees in an appropriate unit have the right by secret ballot
23.35 	to designate an exclusive representative to negotiate grievance
23.36 	procedures and the terms and conditions of employment with their
24.1 	employer.  Confidential employees of the state, confidential
24.2 	court employees, and confidential University of Minnesota
24.3 	employees are excluded from bargaining.  Supervisory and
24.4 	managerial court employees are excluded from
24.5 	bargaining. Supervisory, managerial, and confidential employees
24.6 	of Hennepin Healthcare System, Inc., are excluded from
24.7 	bargaining.Other confidential employees, supervisory
24.8 	employees, principals, and assistant principals may form their
24.9 	own organizations.  An employer shall extend exclusive
24.10 	recognition to a representative of or an organization of
24.11 	supervisory or confidential employees, or principals and
24.12 	assistant principals, for the purpose of negotiating terms or
24.13 	conditions of employment, in accordance with sections 179A.01 to
24.14 	179A.25, applicable to essential employees.
24.15 	Supervisory or confidential employee organizations shall
24.16 	not participate in any capacity in any negotiations which
24.17 	involve units of employees other than supervisory or
24.18 	confidential employees.  Except for organizations which
24.19 	represent supervisors who are:  (1) firefighters, emergency
24.20 	medical service employees certified under section 144E.28, 911
24.21 	system public safety dispatchers, peace officers subject to
24.22 	licensure under sections 626.84 to 626.863, guards at
24.23 	correctional facilities, or employees at hospitals other than
24.24 	state hospitals; and (2) not state or University of Minnesota
24.25 	employees, a supervisory or confidential employee organization
24.26 	which is affiliated with another employee organization which is
24.27 	the exclusive representative of nonsupervisory or
24.28 	nonconfidential employees of the same public employer shall not
24.29 	be certified, or act as, an exclusive representative for the
24.30 	supervisory or confidential employees.  For the purpose of this
24.31 	subdivision, affiliation means either direct or indirect and
24.32 	includes affiliation through a federation or joint body of
24.33 	employee organizations.

24.34 	Sec. 5. [179A.40] HENNEPIN HEALTHCARE SYSTEM, INC.
24.35 		Subdivision 1.Units. The following are the appropriate
24.36 	employee units of the Hennepin Healthcare System, Inc.  All
25.1 	units shall exclude supervisors, managerial employees, and
25.2 	confidential employees.  No additional units of Hennepin
25.3 	Healthcare System, Inc., shall be eligible to be certified for
25.4 	the purpose of meeting and negotiating with an exclusive
25.5 	representative.  The units include all:
25.6 	(1) registered nurses;
25.7 	(2) physicians;
25.8 	(3) professionals except for registered nurses and
25.9 	physicians;
25.10 	(4) technical and paraprofessional employees;
25.11 	(5) carpenters, electricians, painters, and plumbers;
25.12 	(6) health general service employees;
25.13 	(7) interpreters;
25.14 	(8) emergency medical technicians/emergency medical
25.15 	dispatchers (EMT/EMD), and paramedics;
25.16 	(9) bioelectronics specialists, bioelectronics technicians,
25.17 	and electronics technicians;
25.18 	(10) skilled maintenance employees; and 
25.19 	(11) clerical employees.
25.20 		Subd. 2.Nonconforming units. Preexisting Hennepin
25.21 	County Medical Center bargaining units covered by existing labor
25.22 	agreements on the day following final enactment of this act that
25.23 	do not conform to one of the 11 units described in subdivision 1
25.24 	shall continue to be appropriate.  If an employee representative
25.25 	seeks to represent employees who are residual to an existing
25.26 	nonconforming unit, then all of the employees who are residual
25.27 	to that unit shall be eligible to vote in an election conducted
25.28 	by the commissioner.  An election shall be held when an employee
25.29 	organization or group of employees files a petition for an
25.30 	election and the petition is supported by a showing of interest
25.31 	from 30 percent or more of the employees who are residual to an
25.32 	existing nonconforming unit.  The employees who are residual to
25.33 	an existing nonconforming unit shall be included within the
25.34 	existing nonconforming unit if a majority of the eligible
25.35 	employees who vote cast their ballots in favor of representation
25.36 	during an election conducted by the commissioner.  Nothing shall
26.1 	preclude an exclusive representative and Hennepin Health Care
26.2 	System, Inc., or prior to the formation of the corporation
26.3 	Hennepin County, from agreeing to an election conducted by the
26.4 	commissioner or other appropriate procedure by which less than
26.5 	all of the employees who are residual to an existing
26.6 	nonconforming unit may be added to the unit.

26.7 	Sec. 6. Minnesota Statutes 2004, section 383B.117,
26.8 	subdivision 2, is amended to read:
26.9 		Subd. 2.Equipment acquisition; capital notes.  The board
26.10 	may, by resolution and without public referendum, issue capital
26.11 	notes within existing debt limits for the purpose of purchasing
26.12 	ambulance and other medical equipment, road construction or
26.13 	maintenance equipment, public safety equipment and other capital
26.14 	equipment having an expected useful life at least equal to the
26.15 	term of the notes issued.  The notes shall be payable in not
26.16 	more than five years and shall be issued on terms and in a
26.17 	manner as the board determines.  The total principal amount of
26.18 	the notes issued for any fiscal year shall not exceed one
26.19 	percent of the total annual budget for that year and shall be
26.20 	issued solely for the purchases authorized in this subdivision.
26.21 	A tax levy shall be made for the payment of the principal and
26.22 	interest on such notes as in the case of bonds. For purposes of
26.23 	this subdivision, the term "medical equipment" includes computer
26.24 	hardware and software and other intellectual property for use in
26.25 	medical diagnosis, medical procedures, research, record keeping,
26.26 	billing, and other hospital applications, together with
26.27 	application development services and training related to the use
26.28 	of the computer hardware and software and other intellectual
26.29 	property, all without regard to their useful life.  For purposes
26.30 	of determining the amount of capital notes which the county may
26.31 	issue in any year, the budget of the county and Hennepin
26.32 	Healthcare System, Inc. shall be combined and the notes issuable
26.33 	under this subdivision shall be in addition to obligations
26.34 	issuable under section 373.01, subdivision 3.

26.35 	Sec. 7. Minnesota Statutes 2004, section 383B.217,
26.36 	subdivision 7, is amended to read:
27.1 		Subd. 7.purchases and marketing purchasing, contracting,
27.2 	meetings, data.  (a) Contracting and purchasing made on behalf
27.3 	of the Hennepin County Medical Center and its health maintenance
27.4 	organization ( HMO ) , ambulatory health center, or other clinics
27.5 	authorized under section 383B.219,of goods, materials,
27.6 	supplies, equipment, and services that are incidental to or that
27.7 	are included as part of a contract for the purchase of goods,
27.8 	materials, supplies, or equipment are specifically exempted from
27.9 	sections 383B.141 to 383B.151 and 471.345 or other applicable
27.10 	laws related to public procurement.  Contracting and purchasing
27.11 	of services shall comply with sections 383B.141 to 383B.151 or
27.12 	other applicable laws related to public procurement.
27.13 	(b) Notwithstanding chapter 13D, the county board on behalf
27.14 	of the medical center and HMO may meet in closed session to
27.15 	discuss and take action on specific products or services that
27.16 	are in direct competition with other providers of goods or
27.17 	services in the public or private sector, if disclosure of
27.18 	information pertaining to those matters would clearly harm the
27.19 	competitive position of the medical center or HMO.
27.20 	(c) The medical center and HMO shall inform the county
27.21 	board when there are matters that are appropriate for discussion
27.22 	or action under paragraph (b).  The county administrator or the
27.23 	administrator's designee shall give the board an opinion on the
27.24 	propriety of discussion or action under paragraph (b) for each
27.25 	of the matters.  The county board may, by a majority vote in a
27.26 	public meeting, decide to hold a closed meeting under paragraph
27.27 	(b).  The purpose, time, and place of the meeting must be
27.28 	announced at a public meeting.  A written roll of members
27.29 	present at a closed meeting must be made available to the public
27.30 	after the closed meeting.  The proceedings of a closed meeting
27.31 	must be tape recorded at the expense of the county board and be
27.32 	preserved for not less than five years after the meeting.  The
27.33 	data on the tape are nonpublic data under section 13.02,
27.34 	subdivision 9, until two years after the meeting.  A contract
27.35 	entered into by the county board at a meeting held on behalf of
27.36 	the medical center or HMO is subject to section 471.345.  All
28.1 	bids and any related materials that are considered at the
28.2 	meeting must be retained for a period of not less than five
28.3 	years.  After the expiration of the term of any contract entered
28.4 	into pursuant to this subdivision or a period of two years,
28.5 	whichever is less, the contract, the bids, and any related
28.6 	materials are public data.  The contract, the bids, and any
28.7 	related materials are subject to review by the state auditor at
28.8 	any time.
28.9 	(d) Data concerning specific products or services that are
28.10 	in direct competition with other providers of goods or services
28.11 	in the public or private sector are trade secret information for
28.12 	purposes of section 13.37, to the extent disclosure of
28.13 	information pertaining to the matters would clearly harm the
28.14 	competitive position of the medical center or HMO.  The data are
28.15 	trade secret information for the term of the contract or a
28.16 	two-year period, whichever is less.
28.17 	(e) Notwithstanding section 471.345 or other applicable
28.18 	law, the county board on behalf of the medical center,HMO,
28.19 	ambulatory health center, or other clinics authorized under
28.20 	section 383B.219, may contract, except for services, by any
28.21 	means that the county board or at its direction the medical
28.22 	center or HMO, ambulatory health center, or other clinics
28.23 	authorized under section 383B.219,may determine.  When
28.24 	contracting for services, the county board must comply with
28.25 	sections 383B.141 to 383B.151 and other applicable law, except
28.26 	that the board may contract with a private or public cooperative
28.27 	purchasing organization if it can be established that the
28.28 	purchasing organization's services that are purchased have been
28.29 	awarded through a competitive or request for proposal process.
28.30 	(f) This subdivision applies to the medical center,HMO,
28.31 	ambulatory health centers, or other clinics authorized under
28.32 	section 383B.219, as well as any other organization,
28.33 	association, partnership, or corporation authorized by Hennepin
28.34 	County under section 144.581.

28.35 	Sec. 8. TRANSITION.
 28.36 		Subdivision 1.Initial board. For the first three years,
29.1 	the board of Hennepin Healthcare System, Inc., shall be governed
29.2 	by a board of directors consisting of 13 directors appointed by
29.3 	the county board according to the procedure specified in this
29.4 	act.
29.5 		Subd. 2.Initial human resources system. Input from
29.6 	Hennepin County Medical Center employees shall be obtained prior
29.7 	to the development of the human resources rules and policies for
29.8 	the new corporation and the rules and policies shall be
29.9 	finalized and the county board shall, by a single majority vote
29.10 	without amendment, approve the rules and policies and ratify
29.11 	labor agreements, prior to the county board's vote to file the
29.12 	certificate of local approval.

29.13 	Sec. 9. REPEALER.
 29.14 	Minnesota Statutes 2004, section 383B.217, subdivisions 1,
29.15 	2, 3, 4, 5, 6, and 8, are repealed.

29.16 	Sec. 10. EFFECTIVE DATE.
 29.17 	Sections 1 to 7 and 9 are effective on the date specified
29.18 	in article 1, section 29, paragraph (b).  Section 8 is effective
29.19 	the day following final enactment.

29.20 	ARTICLE 3
29.21 	CONFORMING RETIREMENT CHANGES

29.22 	Section 1. Minnesota Statutes 2004, section 353.01,
29.23 	subdivision 2b, is amended to read:
29.24 		Subd. 2b.Excluded employees.  The following public
29.25 	employees are not eligible to participate as members of the
29.26 	association with retirement coverage by the public employees
29.27 	retirement plan, the local government correctional employees
29.28 	retirement plan under chapter 353E, or the public employees
29.29 	police and fire retirement plan:
29.30 	(1) public officers, other than county sheriffs, who are
29.31 	elected to a governing body, or persons who are appointed to
29.32 	fill a vacancy in an elective office of a governing body, whose
29.33 	term of office commences on or after July 1, 2002, for the
29.34 	service to be rendered in that elective position.  Elected
29.35 	governing body officials who were active members of the
29.36 	association's coordinated or basic retirement plans as of June
30.1 	30, 2002, continue participation throughout incumbency in office
30.2 	until termination of public service occurs as defined in
30.3 	subdivision 11a;
30.4 	(2) election officers or election judges;
30.5 	(3) patient and inmate personnel who perform services for a
30.6 	governmental subdivision;
30.7 	(4) except as otherwise specified in subdivision 12a,
30.8 	employees who are hired for a temporary position as defined
30.9 	under subdivision 12a, and employees who resign from a
30.10 	nontemporary position and accept a temporary position within 30
30.11 	days in the same governmental subdivision;
30.12 	(5) employees who are employed by reason of work emergency
30.13 	caused by fire, flood, storm, or similar disaster;
30.14 	(6) employees who by virtue of their employment in one
30.15 	governmental subdivision are required by law to be a member of
30.16 	and to contribute to any of the plans or funds administered by
30.17 	the Minnesota State Retirement System, the Teachers Retirement
30.18 	Association, the Duluth Teachers Retirement Fund Association,
30.19 	the Minneapolis Teachers Retirement Fund Association, the St.
30.20 	Paul Teachers Retirement Fund Association, the Minneapolis
30.21 	Employees Retirement Fund, or any police or firefighters relief
30.22 	association governed by section 69.77 that has not consolidated
30.23 	with the Public Employees Retirement Association, or any local
30.24 	police or firefighters consolidation account who have not
30.25 	elected the type of benefit coverage provided by the public
30.26 	employees police and fire fund under sections 353A.01 to
30.27 	353A.10, or any persons covered by section 353.665, subdivision
30.28 	4, 5, or 6, who have not elected public employees police and
30.29 	fire plan benefit coverage.  This clause must not be construed
30.30 	to prevent a person from being a member of and contributing to
30.31 	the Public Employees Retirement Association and also belonging
30.32 	to and contributing to another public pension plan or fund for
30.33 	other service occurring during the same period of time.  A
30.34 	person who meets the definition of "public employee" in
30.35 	subdivision 2 by virtue of other service occurring during the
30.36 	same period of time becomes a member of the association unless
31.1 	contributions are made to another public retirement fund on the
31.2 	salary based on the other service or to the Teachers Retirement
31.3 	Association by a teacher as defined in section 354.05,
31.4 	subdivision 2;
31.5 	(7) persons who are members of a religious order and are
31.6 	excluded from coverage under the federal Old Age, Survivors,
31.7 	Disability, and Health Insurance Program for the performance of
31.8 	service as specified in United States Code, title 42, section
31.9 	410(a)(8)(A), as amended through January 1, 1987, if no
31.10 	irrevocable election of coverage has been made under section
31.11 	3121(r) of the Internal Revenue Code of 1954, as amended;
31.12 	(8) employees of a governmental subdivision who have not
31.13 	reached the age of 23 and are enrolled on a full-time basis to
31.14 	attend or are attending classes on a full-time basis at an
31.15 	accredited school, college, or university in an undergraduate,
31.16 	graduate, or professional-technical program, or a public or
31.17 	charter high school;
31.18 	(9) resident physicians, medical interns, and pharmacist
31.19 	residents and pharmacist interns who are serving in a degree or
31.20 	residency program in public hospitals;
31.21 	(10) students who are serving in an internship or residency
31.22 	program sponsored by an accredited educational institution;
31.23 	(11) persons who hold a part-time adult supplementary
31.24 	technical college license who render part-time teaching service
31.25 	in a technical college;
31.26 	(12) except for employees of Hennepin County or Hennepin
31.27 	Healthcare System, Inc., foreign citizens working for a
31.28 	governmental subdivision with a work permit of less than three
31.29 	years, or an H-1b visa valid for less than three years of
31.30 	employment.  Upon notice to the association that the work permit
31.31 	or visa extends beyond the three-year period, the foreign
31.32 	citizens must be reported for membership from the date of the
31.33 	extension;
31.34 	(13) public hospital employees who elected not to
31.35 	participate as members of the association before 1972 and who
31.36 	did not elect to participate from July 1, 1988, to October 1,
32.1 	1988;
32.2 	(14) except as provided in section 353.86, volunteer
32.3 	ambulance service personnel, as defined in subdivision 35, but
32.4 	persons who serve as volunteer ambulance service personnel may
32.5 	still qualify as public employees under subdivision 2 and may be
32.6 	members of the Public Employees Retirement Association and
32.7 	participants in the public employees retirement fund or the
32.8 	public employees police and fire fund, whichever applies, on the
32.9 	basis of compensation received from public employment service
32.10 	other than service as volunteer ambulance service personnel;
32.11 	(15) except as provided in section 353.87, volunteer
32.12 	firefighters, as defined in subdivision 36, engaging in
32.13 	activities undertaken as part of volunteer firefighter duties;
32.14 	provided that a person who is a volunteer firefighter may still
32.15 	qualify as a public employee under subdivision 2 and may be a
32.16 	member of the Public Employees Retirement Association and a
32.17 	participant in the public employees retirement fund or the
32.18 	public employees police and fire fund, whichever applies, on the
32.19 	basis of compensation received from public employment activities
32.20 	other than those as a volunteer firefighter;
32.21 	(16) pipefitters and associated trades personnel employed
32.22 	by Independent School District No. 625, St. Paul, with coverage
32.23 	under a collective bargaining agreement by the pipefitters local
32.24 	455 pension plan who were either first employed after May 1,
32.25 	1997, or, if first employed before May 2, 1997, elected to be
32.26 	excluded under Laws 1997, chapter 241, article 2, section 12;
32.27 	(17) electrical workers, plumbers, carpenters, and
32.28 	associated trades personnel employed by Independent School
32.29 	District No. 625, St. Paul, or the city of St. Paul, who have
32.30 	retirement coverage under a collective bargaining agreement by
32.31 	the Electrical Workers Local 110 pension plan, the United
32.32 	Association Plumbers Local 34 pension plan, or the Carpenters
32.33 	Local 87 pension plan who were either first employed after May
32.34 	1, 2000, or, if first employed before May 2, 2000, elected to be
32.35 	excluded under Laws 2000, chapter 461, article 7, section 5;
32.36 	(18) bricklayers, allied craftworkers, cement masons,
33.1 	glaziers, glassworkers, painters, allied tradesworkers, and
33.2 	plasterers employed by the city of St. Paul or Independent
33.3 	School District No. 625, St. Paul, with coverage under a
33.4 	collective bargaining agreement by the Bricklayers and Allied
33.5 	Craftworkers Local 1 pension plan, the Cement Masons Local 633
33.6 	pension plan, the Glaziers and Glassworkers Local L-1324 pension
33.7 	plan, the Painters and Allied Trades Local 61 pension plan, or
33.8 	the Twin Cities Plasterers Local 265 pension plan who were
33.9 	either first employed after May 1, 2001, or if first employed
33.10 	before May 2, 2001, elected to be excluded under Laws 2001,
33.11 	First Special Session chapter 10, article 10, section 6;
33.12 	(19) plumbers employed by the Metropolitan Airports
33.13 	Commission, with coverage under a collective bargaining
33.14 	agreement by the Plumbers Local 34 pension plan, who either were
33.15 	first employed after May 1, 2001, or if first employed before
33.16 	May 2, 2001, elected to be excluded under Laws 2001, First
33.17 	Special Session chapter 10, article 10, section 6;
33.18 	(20) employees who are hired after June 30, 2002, to fill
33.19 	seasonal positions under subdivision 12b which are limited in
33.20 	duration by the employer to 185 consecutive calendar days or
33.21 	less in each year of employment with the governmental
33.22 	subdivision;
33.23 	(21) persons who are provided supported employment or
33.24 	work-study positions by a governmental subdivision and who
33.25 	participate in an employment or industries program maintained
33.26 	for the benefit of these persons where the governmental
33.27 	subdivision limits the position's duration to three years or
33.28 	less, including persons participating in a federal or state
33.29 	subsidized on-the-job training, work experience, senior citizen,
33.30 	youth, or unemployment relief program where the training or work
33.31 	experience is not provided as a part of, or for, future
33.32 	permanent public employment;
33.33 	(22) independent contractors and the employees of
33.34 	independent contractors; and
33.35 	(23) reemployed annuitants of the association during the
33.36 	course of that reemployment.

34.1 	Sec. 2. Minnesota Statutes 2004, section 353.01,
34.2 	subdivision 2d, is amended to read:
34.3 		Subd. 2d.Optional membership.  (a) Membership in the
34.4 	association is optional by action of the individual employee for
34.5 	the following public employees who meet the conditions set forth
34.6 	in subdivision 2a:
34.7 	(1) members of the coordinated plan who are also employees
34.8 	of labor organizations as defined in section 353.017,
34.9 	subdivision 1, for their employment by the labor organization
34.10 	only if they elect to have membership under section 353.017,
34.11 	subdivision 2;
34.12 	(2) persons who are elected or persons who are appointed to
34.13 	elected positions other than local governing body elected
34.14 	positions who elect to participate by filing a written election
34.15 	for membership;
34.16 	(3) members of the association who are appointed by the
34.17 	governor to be a state department head and who elect not to be
34.18 	covered by the general state employees retirement plan of the
34.19 	Minnesota State Retirement System under section 352.021;
34.20 	(4) city managers as defined in section 353.028,
34.21 	subdivision 1, who do not elect to be excluded from membership
34.22 	in the association under section 353.028, subdivision 2; and
34.23 	(5) employees of the Port Authority of the city of St. Paul
34.24 	who were at least age 45 on January 1, 2003, and who elect to
34.25 	participate by filing a written election for membership.
34.26 	(b) Membership in the association is optional by action of
34.27 	the governmental subdivision for the employees of the following
34.28 	governmental subdivisions under the conditions specified:
34.29 	(1) the Minnesota Association of Townships if the board of
34.30 	the association, at its option, certifies to the executive
34.31 	director that its employees are to be included for purposes of
34.32 	retirement coverage, in which case the status of the association
34.33 	as a participating employer is permanent; and 
34.34 	(2) a county historical society if the county in which the
34.35 	historical society is located, at its option, certifies to the
34.36 	executive director that the employees of the historical society
35.1 	are to be county employees for purposes of retirement coverage
35.2 	under this chapter.  The status as a county employee must be
35.3 	accorded to all similarly situated county historical society
35.4 	employees and, once established, must continue as long as a
35.5 	person is an employee of the county historical society; and 
35.6 	(3) Hennepin Healthcare System, Inc., a public corporation,
35.7 	with respect to employees other than paramedics, emergency
35.8 	medical technicians, and protection officers, if the corporate
35.9 	board establishes alternative retirement plans for certain
35.10 	classes of employees of the corporation and certifies the
35.11 	employees to be excluded from future retirement coverage.
35.12 	(c) For employees who are covered by paragraph (a), clause
35.13 	(1), (2), or (3), or covered by paragraph (b), clause (1) or
35.14 	(2),if the necessary membership election is not made, the
35.15 	employee is excluded from retirement coverage under this
35.16 	chapter.  For employees who are covered by paragraph (a), clause
35.17 	(4), if the necessary election is not made, the employee must
35.18 	become a member and have retirement coverage under this
35.19 	chapter. For employees specified in paragraph (b), clause (3),
35.20 	membership continues until the exclusion option is exercised for
35.21 	the designated class of employee.The option to become a
35.22 	member, once exercised under this subdivision, may not be
35.23 	withdrawn until termination of public service as defined under
35.24 	subdivision 11a.

35.25 	Sec. 3. Minnesota Statutes 2004, section 353.01,
35.26 	subdivision 6, is amended to read:
35.27 		Subd. 6.Governmental subdivision.  (a) "Governmental
35.28 	subdivision" means a county, city, town, school district within
35.29 	this state, or a department or unit of state government, or any
35.30 	public body whose revenues are derived from taxation, fees,
35.31 	assessments or from other sources.
35.32 	(b) Governmental subdivision also means the Public
35.33 	Employees Retirement Association, the League of Minnesota
35.34 	Cities, the Association of Metropolitan Municipalities, public
35.35 	hospitals owned or operated by, or an integral part of, a
35.36 	governmental subdivision or governmental subdivisions, the
36.1 	Association of Minnesota Counties, the Metropolitan Intercounty
36.2 	Association, the Minnesota Municipal Utilities Association, the
36.3 	Metropolitan Airports Commission, the Minneapolis Employees
36.4 	Retirement Fund for employment initially commenced after June
36.5 	30, 1979, the Range Association of Municipalities and Schools,
36.6 	soil and water conservation districts, economic development
36.7 	authorities created or operating under sections 469.090 to
36.8 	469.108, the Port Authority of the city of St. Paul, the Spring
36.9 	Lake Park Fire Department, incorporated, the Lake Johanna
36.10 	Volunteer Fire Department, incorporated, the Red Wing
36.11 	Environmental Learning Center, and the Dakota County
36.12 	Agricultural Society, and Hennepin Healthcare System, Inc.
36.13 	(c) Governmental subdivision does not mean any municipal
36.14 	housing and redevelopment authority organized under the
36.15 	provisions of sections 469.001 to 469.047; or any port authority
36.16 	organized under sections 469.048 to 469.089 other than the Port
36.17 	Authority of the city of St. Paul; or any hospital district
36.18 	organized or reorganized prior to July 1, 1975, under sections
36.19 	447.31 to 447.37 or the successor of the district, nor the
36.20 	Minneapolis Community Development Agency.

36.21 	Sec. 4. Minnesota Statutes 2004, section 353.64,
36.22 	subdivision 10, is amended to read:
36.23 		Subd. 10.Pension coverage for hennepin county healthcare
36.24 	system, inc.;paramedics and emergency medical technicians.  An
36.25 	employee of Hennepin County Healthcare System, Inc.who is:
36.26 	(1) certified as a paramedic or emergency medical
36.27 	technician by the state under section 144E.28, subdivision 4;
36.28 	(2) employed full time as a paramedic or emergency medical
36.29 	technician by Hennepin County on or after the effective date
36.30 	specified in Laws 1994, chapter 499, section 2; and
36.31 	(3) not eligible after the effective date under Laws 1994,
36.32 	chapter 499, section 2, for coverage under the agreement signed
36.33 	between the state and the secretary of the federal Department of
36.34 	Health and Human Services making the provisions of the federal
36.35 	Old Age, Survivors, and Disability Insurance Act applicable to
36.36 	paramedics and emergency medical technicians because the
37.1 	person's position is excluded after that date from application
37.2 	under United States Code, title 42, sections 418(d)(5)(A) and
37.3 	418(d)(8)(D), and section 355.07;
37.4 	is a member of the public employees police and fire fund under
37.5 	sections 353.63 to 353.68.
37.6 	Hennepin County Healthcare System, Inc.shall deduct the
37.7 	employee contribution from the salary of each full-time Hennepin
37.8 	County paramedic and emergency medical technician it employs as
37.9 	required by section 353.65, subdivision 2, shall make the
37.10 	employer contribution for each full-time Hennepin County 
37.11 	paramedic and emergency medical technician it employs as
37.12 	required by section 353.65, subdivision 3, and shall meet the
37.13 	employer recording and reporting requirements in section 353.65,
37.14 	subdivision 4.

37.15 	Sec. 5. Minnesota Statutes 2004, section 353E.02,
37.16 	subdivision 2a, is amended to read:
37.17 		Subd. 2a.Medical center protection officer.  (a) A
37.18 	medical center protection officer, for purposes of subdivision
37.19 	1, is a person whom the employer certifies:
37.20 	(1) is employed by the Hennepin County Medical Center 
37.21 	Healthcare System, Inc.as a protection officer;
37.22 	(2) is directly responsible for the direct security of the
37.23 	medical center;
37.24 	(3) is expected to respond to any incidents within the
37.25 	medical center as part of the person's regular employment duties
37.26 	and is trained to do so; and
37.27 	(4) is a "public employee" as defined in section 353.01,
37.28 	but is not a member of the public employees police and fire plan.
37.29 	(b) The certification required under paragraph (a) must be
37.30 	made in writing on a form prescribed by the executive director
37.31 	of the Public Employees Retirement Association.

37.32 	Sec. 6. Minnesota Statutes 2004, section 383B.46, is
37.33 	amended to read:
37.34 	383B.46 SUPPLEMENTAL RETIREMENT ACCOUNT.
37.35 		Subdivision 1.Eligibility for coverage. Any person who
37.36 	was employed by the county of Hennepin or its agencies, boards,
38.1 	commissions, authorities and committees prior to before April
38.2 	14, 1982,as an employee or an officer in the classified service
38.3 	as defined in sections 383B.26 to 383B.42, or as an employee in
38.4 	the unclassified service, and who has served for five years as a
38.5 	county employee or an officer in the classified service, or as a
38.6 	county employee in the unclassified service, which need not
38.7 	necessarily be continuous, and which shall must include time
38.8 	served as a county employee prior to before June 8, 1965, if the
38.9 	person is an employee in the classified service, shall be of the
38.10 	county or if the person is an employee of Hennepin Healthcare
38.11 	System, Inc., is entitled to elect to obtain coverage by the
38.12 	Hennepin County supplemental retirement program.  The election
38.13 	to obtain coverage may be exercised only once and shall must be
38.14 	exercised within 30 days of the date on which the person first
38.15 	becomes entitled to elect to obtain coverage.  No person hired,
38.16 	rehired, or reinstated by the county as an employee in the
38.17 	classified or unclassified service on or after April 14,
38.18 	1982, shall be is eligible for coverage by the Hennepin County
38.19 	supplemental retirement program.
38.20 		Subd. 2.Establishment of account; contributions. The
38.21 	county of Hennepin or Hennepin Healthcare System, Inc.,
38.22 	whichever applies,shall deduct from the salary of every person
38.23 	who is eligible for coverage and who elected to retain or obtain
38.24 	coverage by the Hennepin County supplemental retirement program
38.25 	a sum equal to one percent of the total salary of the
38.26 	person. Any classified or unclassified employee who is employed
38.27 	in subsidized on-the-job training, work experience or public
38.28 	service employment as an enrollee under the federal
38.29 	Comprehensive Employment and Training Act shall not be included
38.30 	in the supplemental retirement account from and after March 30,
38.31 	1978 unless the employee has as of the later of March 30, 1978
38.32 	or the date of employment sufficient service credit in the
38.33 	public employees retirement fund or the Minneapolis municipal
38.34 	employees retirement fund, whichever is applicable, to meet the
38.35 	minimum vesting requirements for a deferred retirement annuity,
38.36 	or the county agrees in writing to make the required employer
39.1 	contributions on account of the individual from revenue sources
39.2 	other than funds provided under the federal Comprehensive
39.3 	Employment and Training Act, or the employee agrees in writing
39.4 	to make the required employer contribution in addition to the
39.5 	employee contribution.The deduction shall be made in the same
39.6 	manner as other retirement deductions are made from the salary
39.7 	of the person.  An amount equal to the amounts deducted during
39.8 	each payroll period shall must be contributed by the county of
39.9 	Hennepin or Hennepin Healthcare System, Inc., whichever
39.10 	applies.  The total amount deducted and contributed shall must 
39.11 	be deposited to the credit of the supplemental retirement
39.12 	account in the treasury of the county of Hennepin.  The Hennepin
39.13 	County supplemental retirement account is hereby established as
39.14 	an account separate and distinct from other funds, accounts, or
39.15 	assets of the county of Hennepin.

39.16 	Sec. 7. EFFECTIVE DATE.
 39.17 	Sections 1 to 6 are effective on the date specified in
39.18 	article 1, section 29, paragraph (b).