HF 596

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to public employment; modifying penalties for 
  1.3             noncompliance with the local government pay equity 
  1.4             law; amending Minnesota Statutes 1994, section 
  1.5             471.9981, subdivision 6. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 471.9981, 
  1.8   subdivision 6, is amended to read: 
  1.9      Subd. 6.  [PENALTY FOR FAILURE TO IMPLEMENT PLAN.] (a) The 
  1.10  commissioner of employee relations shall review the 
  1.11  implementation report submitted by a governmental subdivision to 
  1.12  determine whether the subdivision has established equitable 
  1.13  compensation relationships as required by section 471.992, 
  1.14  subdivision 1, by December 31, 1991, or the later date approved 
  1.15  by the commissioner.  The commissioner shall notify a 
  1.16  subdivision found to have achieved compliance with section 
  1.17  471.992, subdivision 1. 
  1.18     (b) If the commissioner finds that the subdivision is not 
  1.19  in compliance based on the information contained in the 
  1.20  implementation report required by section 471.9981, subdivision 
  1.21  5a, the commissioner shall notify the subdivision of the basis 
  1.22  for the finding.  The notice must include a detailed description 
  1.23  of the basis for the finding, specific recommended actions to 
  1.24  achieve compliance, and an estimated cost of compliance.  If the 
  1.25  subdivision disagrees with the finding, it shall notify the 
  2.1   commissioner, who shall provide a specified time period in which 
  2.2   to submit additional evidence in support of its claim that it is 
  2.3   in compliance.  The commissioner shall consider at least the 
  2.4   following additional information in reconsidering whether the 
  2.5   subdivision is in compliance: 
  2.6      (1) recruitment difficulties; 
  2.7      (2) retention difficulties; 
  2.8      (3) recent arbitration awards that are inconsistent with 
  2.9   equitable compensation relationships; and 
  2.10     (4) information that can demonstrate a good-faith effort to 
  2.11  achieve compliance and continued progress toward compliance, 
  2.12  including any constraints the subdivision faces. 
  2.13  The subdivision shall also present a plan for achieving 
  2.14  compliance and a date for additional review by the commissioner. 
  2.15     (c) If the subdivision does not make the changes to achieve 
  2.16  compliance within a reasonable time set by the commissioner, the 
  2.17  commissioner shall notify the subdivision and the commissioner 
  2.18  of revenue that the subdivision is subject to a withholding 
  2.19  penalty equal to five percent reduction in of the aid that would 
  2.20  otherwise be payable to that governmental subdivision under 
  2.21  section 124A.23, 273.1398, or sections 477A.011 to 477A.014, or 
  2.22  to a refundable fine of $100 a day, whichever is greatest.  The 
  2.23  commissioner of revenue shall enforce the penalty beginning in 
  2.24  calendar year 1992 or in the first calendar year beginning after 
  2.25  the date for implementation of the plan of a governmental 
  2.26  subdivision for which the commissioner of employee relations has 
  2.27  approved an implementation date later than December 31, 
  2.28  1991.  The commissioner of revenue may collect a refundable fine 
  2.29  by deducting the refundable fine assessed from the total amount 
  2.30  of aid that would otherwise be payable to that governmental 
  2.31  subdivision under section 124A.23, 273.1398, or sections 
  2.32  477A.011 to 477A.014.  However, the commissioner of revenue may 
  2.33  not enforce a penalty until after the end of the first regular 
  2.34  legislative session after a report listing the subdivision as 
  2.35  not in compliance has been submitted to the legislature under 
  2.36  section 471.999.  The penalty withholding of five percent of the 
  3.1   aid or the assessment of a refundable fine remains in effect 
  3.2   until the subdivision achieves compliance.  Upon a determination 
  3.3   by the commissioner of employee relations that the subdivision 
  3.4   is in compliance, the commissioner shall notify the commissioner 
  3.5   of revenue that all aid withheld, or all refundable fines 
  3.6   collected, must be paid to the subdivision.  The commissioner of 
  3.7   employee relations may suspend the penalty upon making a finding 
  3.8   that the failure to implement was attributable to circumstances 
  3.9   beyond the control of the governmental subdivision or to severe 
  3.10  hardship, or that noncompliance results from factors unrelated 
  3.11  to the sex of the members dominating the affected classes and 
  3.12  that the subdivision is taking substantial steps to achieve 
  3.13  compliance to the extent possible.  
  3.14     Sec. 2.  [EFFECTIVE DATE.] 
  3.15     Section 1 is effective for all notifications of 
  3.16  noncompliance issued by the commissioner of employee relations 
  3.17  after January 1, 1994.