HF 3

as introduced - 80th Legislature, 1997 2nd Special Session (1997 - 1997) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to employment; regulating public employee and 
  1.3             official compensation; amending Minnesota Statutes 
  1.4             1996, sections 3.855, subdivision 3; 15A.081, 
  1.5             subdivisions 7b, 8, and 9; 15A.083, subdivisions 5, 
  1.6             6a, and 7; 43A.17, subdivisions 1 and 3; 43A.18, 
  1.7             subdivisions 4 and 5; 85A.02, subdivision 5a; 298.22, 
  1.8             subdivision 1; and 349A.02, subdivision 1; proposing 
  1.9             coding for new law in Minnesota Statutes, chapter 15A; 
  1.10            repealing Minnesota Statutes 1996, section 15A.081, 
  1.11            subdivisions 1 and 7. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1996, section 3.855, 
  1.14  subdivision 3, is amended to read: 
  1.15     Subd. 3.  [OTHER SALARIES AND COMPENSATION PLANS.] The 
  1.16  commission shall also: 
  1.17     (1) review and approve, reject, or modify a plan for 
  1.18  compensation and terms and conditions of employment prepared and 
  1.19  submitted by the commissioner of employee relations under 
  1.20  section 43A.18, subdivision 2, covering all state employees who 
  1.21  are not represented by an exclusive bargaining representative 
  1.22  and whose compensation is not provided for by chapter 43A or 
  1.23  other law; 
  1.24     (2) review and approve, reject, or modify a plan for total 
  1.25  compensation and terms and conditions of employment for 
  1.26  employees in positions identified as being managerial under 
  1.27  section 43A.18, subdivision 3, whose salaries and benefits are 
  1.28  not otherwise provided for in law or other plans established 
  2.1   under chapter 43A; 
  2.2      (3) review and approve, reject, or modify recommendations 
  2.3   for salaries submitted by the governor or other appointing 
  2.4   authority under section 43A.18, subdivision 5, covering agency 
  2.5   head positions listed in section 15A.081 15A.0815; 
  2.6      (4) review and approve, reject, or modify recommendations 
  2.7   for salaries of officials of higher education systems under 
  2.8   section 15A.081, subdivision 7b; and 
  2.9      (5) review and approve, reject, or modify plans for 
  2.10  compensation, terms, and conditions of employment proposed under 
  2.11  section 43A.18, subdivisions 3a and 4. 
  2.12     Sec. 2.  Minnesota Statutes 1996, section 15A.081, 
  2.13  subdivision 7b, is amended to read: 
  2.14     Subd. 7b.  [HIGHER EDUCATION OFFICERS.] The board of 
  2.15  trustees of the Minnesota state colleges and universities and 
  2.16  the higher education services council shall set the salary rates 
  2.17  for, respectively, the chancellor of the Minnesota state 
  2.18  colleges and universities and the director of the higher 
  2.19  education services office.  The board or the council shall 
  2.20  submit the proposed salary change to the legislative 
  2.21  coordinating commission for approval, modification, or rejection 
  2.22  in the manner provided in section 3.855.  The salary rate for 
  2.23  the chancellor of the Minnesota state colleges and universities 
  2.24  may not exceed 95 percent of the salary of the governor under 
  2.25  section 15A.082, subdivision 3.  For purposes of this 
  2.26  subdivision, "the salary rate of the chancellor" does not 
  2.27  include: 
  2.28     (1) employee benefits that are also provided for the 
  2.29  majority of all other full-time state employees, vacation and 
  2.30  sick leave allowances, health and dental insurance, disability 
  2.31  insurance, term life insurance, and pension benefits or like 
  2.32  benefits the cost of which is borne by the employee or which is 
  2.33  not subject to tax as income under the Internal Revenue Code of 
  2.34  1986; 
  2.35     (2) dues paid to organizations that are of a civic, 
  2.36  professional, educational, or governmental nature; 
  3.1      (3) reimbursement for actual expenses incurred by the 
  3.2   employee that the appointing authority determines to be directly 
  3.3   related to the performance of job responsibilities, including 
  3.4   any relocation expenses paid during the initial year of 
  3.5   employment; or 
  3.6      (4) a housing allowance that is comparable to housing 
  3.7   allowances provided to chancellors and university presidents in 
  3.8   similar higher education systems nationwide.  
  3.9      The salary of the director of the higher education services 
  3.10  office may not exceed the maximum of the salary range for the 
  3.11  commissioner of administration.  In deciding whether to 
  3.12  recommend a salary increase, the governing board or council 
  3.13  shall consider the performance of the chancellor or director, 
  3.14  including the chancellor's or director's progress toward 
  3.15  attaining affirmative action goals. 
  3.16     Sec. 3.  Minnesota Statutes 1996, section 15A.081, 
  3.17  subdivision 8, is amended to read: 
  3.18     Subd. 8.  [EXPENSE ALLOWANCE.] Notwithstanding any law to 
  3.19  the contrary, positions listed in subdivision 1 section 
  3.20  15A.0815, subdivisions 2 and 3, constitutional officers, and the 
  3.21  commissioner of iron range resources and rehabilitation are 
  3.22  authorized an annual expense allowance not to exceed $1,500 for 
  3.23  necessary expenses in the normal performance of their duties for 
  3.24  which no other reimbursement is provided.  The expenditures 
  3.25  under this subdivision are subject to any laws and rules 
  3.26  relating to budgeting, allotment and encumbrance, preaudit and 
  3.27  postaudit.  The commissioner of finance may promulgate adopt 
  3.28  rules to assure the proper expenditure of these funds, and to 
  3.29  provide for reimbursement. 
  3.30     Sec. 4.  Minnesota Statutes 1996, section 15A.081, 
  3.31  subdivision 9, is amended to read: 
  3.32     Subd. 9.  [TRANSFER OF VACATION AND SICK LEAVE; CERTAIN 
  3.33  APPOINTEES.] (a) This subdivision governs transfers of 
  3.34  accumulated vacation leave and sick leave if the governor 
  3.35  appoints the incumbent of a position listed in this section 
  3.36  15A.0815 to another position listed in this section 15A.0815. 
  4.1      (b) An appointee moving between positions in the executive 
  4.2   branch shall transfer all vacation leave and sick leave hours to 
  4.3   the appointee's credit at the time of the new appointment. 
  4.4      (c) The governor may authorize an appointee to transfer 
  4.5   accumulated vacation leave and sick leave hours under the 
  4.6   following conditions: 
  4.7      (1) an appointee moving to a position in the executive 
  4.8   branch from a position outside the executive branch may be 
  4.9   permitted to transfer no more than 275 hours of accumulated 
  4.10  unliquidated vacation leave and no more than 900 hours of 
  4.11  accumulated unliquidated sick leave; and 
  4.12     (2) an appointee moving to a position outside the executive 
  4.13  branch from a position within the executive branch may be 
  4.14  permitted to transfer accumulated unliquidated vacation leave 
  4.15  and sick leave hours up to the maximum accumulations permitted 
  4.16  by the personnel policies governing the new position. 
  4.17  The governor shall notify the commissioner of employee relations 
  4.18  of any transfers authorized under this paragraph. 
  4.19     Sec. 5.  [15A.0815] [SALARY LIMITS FOR CERTAIN EMPLOYEES.] 
  4.20     Subdivision 1.  [SALARY LIMITS.] The governor or other 
  4.21  appropriate appointing authority shall set the salary rates for 
  4.22  positions listed in this section within the salary limits listed 
  4.23  in subdivisions 2 to 4, subject to approval of the legislative 
  4.24  coordinating commission and the legislature as provided by 
  4.25  sections 3.855, 15A.081, subdivision 7b, and 43A.18, subdivision 
  4.26  5.  
  4.27     Subd. 2.  [GROUP I SALARY LIMITS.] The salaries for 
  4.28  positions in this subdivision may not exceed 85 percent of the 
  4.29  salary of the governor:  
  4.30     Commissioner of administration; 
  4.31     Commissioner of agriculture; 
  4.32     Commissioner of children, families, and learning; 
  4.33     Commissioner of commerce; 
  4.34     Commissioner of corrections; 
  4.35     Commissioner of economic security; 
  4.36     Commissioner of employee relations; 
  5.1      Commissioner of finance; 
  5.2      Commissioner of health; 
  5.3      Executive director, higher education services office; 
  5.4      Commissioner, housing finance agency; 
  5.5      Commissioner of human rights; 
  5.6      Commissioner of human services; 
  5.7      Executive director, state board of investment; 
  5.8      Commissioner of labor and industry; 
  5.9      Commissioner of natural resources; 
  5.10     Director of office of strategic and long-range planning; 
  5.11     Commissioner, pollution control agency; 
  5.12     Commissioner of public safety; 
  5.13     Commissioner, department of public service; 
  5.14     Commissioner of revenue; 
  5.15     Commissioner of trade and economic development; 
  5.16     Commissioner of transportation; and 
  5.17     Commissioner of veterans affairs. 
  5.18     Subd. 3.  [GROUP II SALARY LIMITS.] The salaries for 
  5.19  positions in this subdivision may not exceed 75 percent of the 
  5.20  salary of the governor: 
  5.21     Ombudsman for corrections; 
  5.22     Executive director of gambling control board; 
  5.23     Commissioner, bureau of mediation services; 
  5.24     Ombudsman for mental health and retardation; 
  5.25     Chair, metropolitan council; 
  5.26     Executive director of pari-mutuel racing; 
  5.27     Executive director, public employees retirement 
  5.28  association; 
  5.29     Commissioner, public utilities commission; 
  5.30     Executive director, state retirement system; and 
  5.31     Executive director, teachers retirement association. 
  5.32     Subd. 4.  [GROUP III SALARY LIMITS.] The salary for a 
  5.33  position in this subdivision may not exceed 25 percent of the 
  5.34  salary of the governor: 
  5.35     Chair, metropolitan airports commission. 
  5.36     Sec. 6.  Minnesota Statutes 1996, section 15A.083, 
  6.1   subdivision 5, is amended to read: 
  6.2      Subd. 5.  [TAX COURT.] Salaries The salary of judges a 
  6.3   judge of the tax court are is the same as the base salary for 
  6.4   a district judges as set under section 15A.082, subdivision 
  6.5   3 court judge.  The salary of the chief tax court judge is the 
  6.6   same as the salary for a chief district court judge. 
  6.7      Sec. 7.  Minnesota Statutes 1996, section 15A.083, 
  6.8   subdivision 6a, is amended to read: 
  6.9      Subd. 6a.  [ADMINISTRATIVE LAW JUDGE; MAXIMUM SALARY 
  6.10  SALARIES.] The salary of the chief administrative law judge is 
  6.11  the same as the salary of a district court judge.  The salaries 
  6.12  of the assistant chief administrative law judge and 
  6.13  administrative law judge supervisors are 95 percent of the 
  6.14  salary of a district court judge.  The maximum salary of an 
  6.15  administrative law judge in the classified service employed by 
  6.16  the office of administrative hearings is 90 percent of the 
  6.17  salary of a district court judges judge as set under section 
  6.18  15A.082, subdivision 3.  
  6.19     Sec. 8.  Minnesota Statutes 1996, section 15A.083, 
  6.20  subdivision 7, is amended to read: 
  6.21     Subd. 7.  [WORKERS' COMPENSATION COURT OF APPEALS AND 
  6.22  COMPENSATION JUDGES.] Salaries of judges of the workers' 
  6.23  compensation court of appeals are the same as the salary for 
  6.24  district court judges as set under section 15A.082, subdivision 
  6.25  3.  The salary of the chief judge of the workers' compensation 
  6.26  court of appeals is the same as the salary for a chief district 
  6.27  court judge.  Salaries of compensation judges are 75 90 percent 
  6.28  of the salary of district court judges.  The chief workers' 
  6.29  compensation settlement judge at the department of labor and 
  6.30  industry may be paid an annual salary that is up to five percent 
  6.31  greater than the salary of workers' compensation settlement 
  6.32  judges at the department of labor and industry. 
  6.33     Sec. 9.  Minnesota Statutes 1996, section 43A.17, 
  6.34  subdivision 1, is amended to read: 
  6.35     Subdivision 1.  [SALARY LIMITS.] As used in subdivisions 1 
  6.36  to 9, "salary" means hourly, monthly, or annual rate of pay 
  7.1   including any lump-sum payments and cost-of-living adjustment 
  7.2   increases but excluding payments due to overtime worked, shift 
  7.3   or equipment differentials, work out of class as required by 
  7.4   collective bargaining agreements or plans established under 
  7.5   section 43A.18, and back pay on reallocation or other payments 
  7.6   related to the hours or conditions under which work is performed 
  7.7   rather than to the salary range or rate to which a class is 
  7.8   assigned.  For presidents of state universities, "salary" does 
  7.9   not include a housing allowance provided through a compensation 
  7.10  plan approved under section 43A.18, subdivision 3a. 
  7.11     The salary, as established in section 15A.081 15A.0815, of 
  7.12  the head of a state agency in the executive branch is the upper 
  7.13  limit on the salaries of individual employees in the agency.  
  7.14  The salary of the commissioner of labor and industry is the 
  7.15  upper limit of salaries of employees in the bureau of mediation 
  7.16  services.  However, if an agency head is assigned a salary that 
  7.17  is lower than the current salary of another agency employee, the 
  7.18  employee retains the salary, but may not receive an increase in 
  7.19  salary as long as the salary is above that of the agency head.  
  7.20  The commissioner may grant exemptions from these upper limits as 
  7.21  provided in subdivisions 3 and 4. 
  7.22     Sec. 10.  Minnesota Statutes 1996, section 43A.17, 
  7.23  subdivision 3, is amended to read: 
  7.24     Subd. 3.  [UNUSUAL EMPLOYMENT SITUATIONS.] Upon the request 
  7.25  of the appointing authority, and when the commissioner 
  7.26  determines that changes in employment situations create 
  7.27  difficulties in attracting or retaining employees, the 
  7.28  commissioner may approve an unusual employment situation 
  7.29  increase to advance an employee within the compensation plan.  
  7.30  Such The action will must be consistent with applicable 
  7.31  provisions of collective bargaining agreements or plans pursuant 
  7.32  to adopted under section 43A.18.  The commissioner shall review 
  7.33  each proposal giving due consideration to salary rates paid to 
  7.34  other employees in the same class and agency and may approve any 
  7.35  request which in the commissioner's judgment is in the best 
  7.36  interest of the state. If the commissioner determines that the 
  8.1   position requires special expertise necessitating a higher 
  8.2   salary to attract or retain qualified persons, the commissioner 
  8.3   may grant an exemption not to exceed 120 percent of the base 
  8.4   salary of the head of the agency or the maximum rate established 
  8.5   for the position, whichever is less.  
  8.6      Sec. 11.  Minnesota Statutes 1996, section 43A.18, 
  8.7   subdivision 4, is amended to read: 
  8.8      Subd. 4.  [PLANS NOT ESTABLISHED BUT APPROVED BY 
  8.9   COMMISSIONER.] (a) Notwithstanding any other law to the 
  8.10  contrary, terms and conditions of employment for employees 
  8.11  listed in this subdivision must be set by appointing authorities 
  8.12  within the limits of compensation plans that have been approved 
  8.13  by the commissioner before becoming effective.  Compensation 
  8.14  plans established under paragraphs paragraph (c) and (d), must 
  8.15  be reviewed and approved, modified, or rejected by the 
  8.16  legislature and the legislative coordinating commission on 
  8.17  employee relations under section 3.855, subdivision subdivisions 
  8.18  2 and 3, before becoming effective. 
  8.19     (b) Total compensation for employees who are not covered by 
  8.20  a collective bargaining agreement in the offices of the 
  8.21  governor, lieutenant governor, attorney general, secretary of 
  8.22  state, state auditor, and state treasurer must be determined by 
  8.23  the governor, lieutenant governor, attorney general, secretary 
  8.24  of state, state auditor, and state treasurer, respectively.  
  8.25     (c) Total compensation for classified administrative law 
  8.26  judges in the office of administrative hearings must be 
  8.27  determined by the chief administrative law judge.  
  8.28     (d) Total compensation for unclassified positions not 
  8.29  covered by a collective bargaining agreement in the higher 
  8.30  education services office must be determined by the higher 
  8.31  education services office. 
  8.32     Sec. 12.  Minnesota Statutes 1996, section 43A.18, 
  8.33  subdivision 5, is amended to read: 
  8.34     Subd. 5.  [GOVERNOR APPOINTING AUTHORITIES TO RECOMMEND 
  8.35  CERTAIN SALARIES.] (a) The governor shall, by July 1 of each 
  8.36  odd-numbered year, or other appropriate appointing authority, 
  9.1   may submit to the legislative coordinating commission on 
  9.2   employee relations recommendations for salaries within the 
  9.3   salary range limits for the positions listed in section 15A.081, 
  9.4   subdivisions 1 and 7 15A.0815, subdivisions 2 to 4.  The 
  9.5   governor An appointing authority may also propose additions or 
  9.6   deletions of positions from those listed.  
  9.7      (b) Before submitting the recommendations, the governor 
  9.8   appointing authority shall consult with the commissioner of 
  9.9   administration, the commissioner of finance, and the 
  9.10  commissioner of employee relations concerning the 
  9.11  recommendations.  
  9.12     (c) In making recommendations, the governor appointing 
  9.13  authority shall consider the criteria established in subdivision 
  9.14  8 and the performance of individual incumbents.  The performance 
  9.15  evaluation must include a review of an incumbent's progress 
  9.16  toward attainment of affirmative action goals.  The governor 
  9.17  appointing authority shall establish an objective system for 
  9.18  quantifying knowledge, abilities, duties, responsibilities, and 
  9.19  accountabilities and in determining recommendations rate each 
  9.20  position by this system.  
  9.21     (d) Before the governor's appointing authority's 
  9.22  recommended salaries take effect, the recommendations must be 
  9.23  reviewed and approved, rejected, or modified by the 
  9.24  legislative coordinating commission on employee relations and 
  9.25  the legislature under section 3.855, subdivision subdivisions 2 
  9.26  and 3.  The governor may also at any time propose changes in the 
  9.27  salary rate of any positions covered by this subdivision, which 
  9.28  must be submitted and approved in the same manner as provided in 
  9.29  this subdivision.  If, when the legislature is not in session, 
  9.30  the commission fails to reject or modify salary recommendations 
  9.31  of the governor within 30 calendar days of their receipt, the 
  9.32  recommendations are deemed to be approved.  
  9.33     (e) The governor appointing authority shall set the initial 
  9.34  salary of a head of a new agency or a chair of a new 
  9.35  metropolitan board or commission whose salary is not 
  9.36  specifically prescribed by law after consultation with the 
 10.1   commissioner, whose recommendation is advisory only.  The amount 
 10.2   of the new salary must be comparable to the salary of an agency 
 10.3   head or commission chair having similar duties and 
 10.4   responsibilities. 
 10.5      (f) The salary of a newly appointed head of an agency or 
 10.6   chair of a metropolitan agency listed in section 15A.081, 
 10.7   subdivision 1 or 7 15A.0815, subdivisions 2 to 4, may be 
 10.8   increased or decreased by the governor appointing authority from 
 10.9   the salary previously set for that position within 30 days of 
 10.10  the new appointment after consultation with the commissioner.  
 10.11  If the governor appointing authority increases a salary under 
 10.12  this paragraph, the governor appointing authority shall submit 
 10.13  the new salary to the legislative coordinating commission on 
 10.14  employee relations and the full legislature for approval, 
 10.15  modification, or rejection under section 3.855, 
 10.16  subdivision subdivisions 2 and 3.  If, when the legislature is 
 10.17  not in session, the commission fails to reject or modify salary 
 10.18  recommendations of the governor within 30 calendar days of their 
 10.19  receipt, the recommendations are deemed to be approved. 
 10.20     Sec. 13.  Minnesota Statutes 1996, section 85A.02, 
 10.21  subdivision 5a, is amended to read: 
 10.22     Subd. 5a.  [EMPLOYEES.] (a) The board shall appoint an 
 10.23  administrator who shall serve as the executive secretary and 
 10.24  principal administrative officer of the board and, subject to 
 10.25  its approval, the administrator shall operate the Minnesota 
 10.26  zoological garden and enforce all rules and policy decisions of 
 10.27  the board.  The administrator must be chosen solely on the basis 
 10.28  of training, experience, and other qualifications appropriate to 
 10.29  the field of zoo management and development.  The board shall 
 10.30  set the compensation for salary of the administrator within the 
 10.31  limits established for the commissioner of agriculture in 
 10.32  section 15A.081, subdivision 1.  The salary of the administrator 
 10.33  may not exceed 85 percent of the salary of the governor.  The 
 10.34  administrator shall perform duties assigned by the board 
 10.35  and shall serve serves in the unclassified service at the 
 10.36  pleasure of the board.  The administrator, with the 
 11.1   participation of the board, shall appoint a development director 
 11.2   in the unclassified service or contract with a development 
 11.3   consultant to establish mechanisms to foster community 
 11.4   participation in and community support for the Minnesota 
 11.5   zoological garden.  The board may employ other necessary 
 11.6   professional, technical, and clerical personnel.  Employees of 
 11.7   the zoological garden are eligible for salary supplement in the 
 11.8   same manner as employees of other state agencies.  The 
 11.9   commissioner of finance shall determine the amount of salary 
 11.10  supplement based on available funds. 
 11.11     (b) The board may contract with individuals to perform 
 11.12  professional services and may contract for the purchases of 
 11.13  necessary species exhibits, supplies, services, and equipment. 
 11.14  The board may also contract for the construction and operation 
 11.15  of entertainment facilities on the zoo grounds that are not 
 11.16  directly connected to ordinary functions of the zoological 
 11.17  garden.  The zoo board shall may not enter into any a final 
 11.18  agreement for construction of any an entertainment facility that 
 11.19  is not directly connected to the ordinary functions of the zoo 
 11.20  until after final construction plans have been submitted to the 
 11.21  chairs of the senate finance and house appropriations committees 
 11.22  for their recommendations. 
 11.23     The zoo may not contract for entertainment during the 
 11.24  period of the Minnesota state fair that would directly compete 
 11.25  with entertainment at the Minnesota state fair. 
 11.26     Sec. 14.  Minnesota Statutes 1996, section 298.22, 
 11.27  subdivision 1, is amended to read: 
 11.28     Subdivision 1.  (1) The office of governor shall appoint 
 11.29  the commissioner of iron range resources and rehabilitation is 
 11.30  created.  The commissioner shall be appointed by the governor 
 11.31  under the provisions of section 15.06. 
 11.32     (2) The commissioner may hold such other positions or 
 11.33  appointments as that are not incompatible with duties as 
 11.34  commissioner of iron range resources and rehabilitation.  The 
 11.35  commissioner may appoint a deputy commissioner.  All expenses of 
 11.36  the commissioner, including the payment of such assistance as 
 12.1   may be necessary, shall must be paid out of the amounts 
 12.2   appropriated by section 298.28.  The compensation salary of the 
 12.3   commissioner shall must be set by the legislative coordinating 
 12.4   commission and may not exceed the maximum salary set for the 
 12.5   commissioner of administration under section 15A.081, 
 12.6   subdivision 1 75 percent of the salary of the governor. 
 12.7      (3) When the commissioner shall determine determines that 
 12.8   distress and unemployment exists or may exist in the future in 
 12.9   any county by reason of the removal of natural resources or a 
 12.10  possibly limited use thereof of natural resources in the future 
 12.11  and the any resulting decrease in employment resulting 
 12.12  therefrom, now or hereafter, the commissioner may use such 
 12.13  whatever amounts of the appropriation made to the commissioner 
 12.14  of revenue in section 298.28 as that are determined to be 
 12.15  necessary and proper in the development of the remaining 
 12.16  resources of said the county and in the vocational training and 
 12.17  rehabilitation of its residents, except that the amount needed 
 12.18  to cover cost overruns awarded to a contractor by an arbitrator 
 12.19  in relation to a contract awarded by the commissioner or in 
 12.20  effect after July 1, 1985, is appropriated from the general 
 12.21  fund.  For the purposes of this section, "development of 
 12.22  remaining resources" includes, but is not limited to, the 
 12.23  promotion of tourism. 
 12.24     Sec. 15.  Minnesota Statutes 1996, section 349A.02, 
 12.25  subdivision 1, is amended to read: 
 12.26     Subdivision 1.  [DIRECTOR.] A state lottery is established 
 12.27  under the supervision and control of the director of the state 
 12.28  lottery appointed by the governor with the advice and consent of 
 12.29  the senate.  The director must be qualified by experience and 
 12.30  training in the operation of a lottery to supervise the 
 12.31  lottery.  The director serves in the unclassified service.  The 
 12.32  annual salary rate authorized for the director is equal to 80 85 
 12.33  percent of the salary rate prescribed for the governor as of the 
 12.34  effective date of Laws 1993, chapter 146. 
 12.35     Sec. 16.  [SALARIES OF CONSTITUTIONAL OFFICERS, 
 12.36  LEGISLATORS, AND JUDGES.] 
 13.1      (a) The salaries of constitutional officers are increased 
 13.2   by 2.5 percent effective July 1, 1997, and by 2.5 percent 
 13.3   effective January 1, 1998. 
 13.4      (b) The salaries of legislators are increased by 5.0 
 13.5   percent effective January 4, 1999. 
 13.6      (c) The salaries of the judges of the supreme court, court 
 13.7   of appeals, and district court are increased by 4.0 percent 
 13.8   effective July 1, 1997, and by 5.0 percent effective January 1, 
 13.9   1998. 
 13.10     (d) Effective July 1, 1999, the salaries of judges of the 
 13.11  supreme court, court of appeals, and district court are 
 13.12  increased by the average of the general salary adjustments for 
 13.13  state employees in fiscal year 1998 provided by negotiated 
 13.14  collective bargaining agreements or arbitration awards ratified 
 13.15  by the legislature in the 1998 legislative session. 
 13.16     (e) Effective January 1, 2000, the salaries of judges of 
 13.17  the supreme court, court of appeals, and district court are 
 13.18  increased by the average of the general salary adjustments for 
 13.19  state employees in fiscal year 1999 provided by negotiated 
 13.20  collective bargaining agreements or arbitration awards ratified 
 13.21  by the legislature in the 1998 legislative session. 
 13.22     (f) The commissioner of employee relations shall calculate 
 13.23  the average of the general salary adjustments provided by 
 13.24  negotiated collective bargaining agreements or arbitration 
 13.25  awards ratified by the legislature in the 1998 legislative 
 13.26  session.  Negotiated collective bargaining agreements or 
 13.27  arbitration awards that do not include general salary 
 13.28  adjustments may not be included in these calculations.  The 
 13.29  commissioner shall weigh the general salary adjustments by the 
 13.30  number of full-time equivalent employees covered by each 
 13.31  agreement or arbitration award.  The commissioner shall 
 13.32  calculate the average general salary adjustment for each fiscal 
 13.33  year covered by the agreements or arbitration awards.  The 
 13.34  results of these calculations must be expressed as percentages, 
 13.35  rounded to the nearest one-tenth of one percent.  The 
 13.36  commissioner shall calculate the new salaries for the positions 
 14.1   listed in paragraphs (d) and (e) using the applicable 
 14.2   percentages from the calculations in this paragraph and report 
 14.3   them to the speaker of the house, the president of the senate, 
 14.4   the chief justice of the supreme court, and the governor. 
 14.5      Sec. 17.  [PHASE-IN OF SALARY INCREASES.] 
 14.6      (a) Notwithstanding Minnesota Statutes, section 15A.083, 
 14.7   subdivisions 6a and 7, the salary of an administrative law judge 
 14.8   or compensation judge may not exceed 85 percent of the salary of 
 14.9   a district court judge before July 1, 1998.  After June 30, 
 14.10  1998, the salary of an administrative law judge and a 
 14.11  compensation judge is governed by Minnesota Statutes, section 
 14.12  15A.083, subdivisions 6a and 7.  If an employee's current salary 
 14.13  exceeds the salary provided by this subdivision, the employee 
 14.14  retains that salary, but may not receive a salary increase until 
 14.15  the salary provided by this section exceeds the employee's 
 14.16  current salary. 
 14.17     (b) Notwithstanding Minnesota Statutes, section 15A.083, 
 14.18  subdivision 6a, the salary of the assistant chief administrative 
 14.19  law judge and administrative law judge supervisors in the office 
 14.20  of administrative hearings is 90 percent of the salary of a 
 14.21  district court judge effective July 1, 1997.  After June 30, 
 14.22  1998, the salary of the assistant chief administrative law judge 
 14.23  and administrative law judge supervisors is governed by 
 14.24  Minnesota Statutes, section 15A.083, subdivision 6a.  If an 
 14.25  employee's current salary exceeds the salary provided by this 
 14.26  subdivision, the employee retains the salary, but may not 
 14.27  receive a salary increase until the salary provided by this 
 14.28  section exceeds the employee's current salary. 
 14.29     Sec. 18.  [REVISOR INSTRUCTION.] 
 14.30     The revisor of statutes shall substitute the reference 
 14.31  "section 15A.0815" for each reference to section 15A.081, 
 14.32  subdivisions 1, 7, and 7b, wherever they occur in the next 
 14.33  edition of Minnesota Statutes and Minnesota Rules. 
 14.34     Sec. 19.  [REPEALER.] 
 14.35     Minnesota Statutes 1996, section 15A.081, subdivisions 1 
 14.36  and 7, are repealed. 
 15.1      Sec. 20.  [EFFECTIVE DATE.] 
 15.2      Sections 1 to 19 are effective retroactive to July 1, 1997.