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HF 698

as introduced - 87th Legislature (2011 - 2012) Posted on 02/24/2011 10:42am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/24/2011

Current Version - as introduced

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A bill for an act
relating to local government; repealing comparable worth requirements;
amending Minnesota Statutes 2010, sections 13.202, subdivision 9; 128C.20,
subdivision 1; 383B.914, subdivision 1; 465.719, subdivision 9; repealing
Minnesota Statutes 2010, sections 43A.04, subdivision 10; 128C.15, subdivision
3; 471.991; 471.992; 471.993; 471.994; 471.995; 471.9966; 471.997; 471.9981;
471.999.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 13.202, subdivision 9, is amended to read:


Subd. 9.

Municipal rights.

(a) Self-insurer claims. Disclosure of information
about individual claims filed by the employees of a municipality which is a self-insurer is
governed by section 471.617, subdivision 5.

(b) Meetings of governing bodies. Treatment of data discussed at meetings of
governing bodies is governed by section 13D.05.

deleted text begin (c) Job evaluation system reports. Treatment of reports containing the results of
job evaluation systems is governed by section 471.995.
deleted text end

deleted text begin (d) Pay equity compliance. Implementation reports of equitable compensation
plans are classified by section 471.9981, subdivision 5b.
deleted text end

Sec. 2.

Minnesota Statutes 2010, section 128C.20, subdivision 1, is amended to read:


Subdivision 1.

Annually.

Each year the commissioner of education shall obtain
and review the following information about the league:

(1) an accurate and concise summary of the annual financial and compliance audit
prepared by the state auditor that includes information about the compensation of and the
expenditures by the executive director of the league and league staff;

(2) a list of all complaints filed with the league and all lawsuits filed against the
league and the disposition of those complaints and lawsuits;

(3) an explanation of the executive director's performance review;

(4) information about the extent to which the league has implemented its affirmative
action policydeleted text begin , its comparable worth plan,deleted text end and its sexual harassment and violence policy
and rules; and

(5) an evaluation of any proposed changes in league policy.

The commissioner may examine any league activities or league-related issues when
the commissioner believes this review is warranted.

Sec. 3.

Minnesota Statutes 2010, section 383B.914, subdivision 1, is amended to read:


Subdivision 1.

Health system human resources system.

Persons employed at the
corporation created shall be subject to a human resources system that is designed to offer
appropriate benefits to workers employed in a health care setting. This human resources
system shall replace the general county human resources system prescribed in sections
383B.26 to 383B.42, and any rules related to it. The corporation shall have the authority
to establish all personnel policies and practices, negotiate applicable labor agreements,
and set all levels of compensation and benefits which are considered appropriate by the
board except as limited in this section. The human resources system is subject to the
following human resources requirements:

(1) deleted text begin determine compensation according to the pay equity requirements under sections
471.991 to 471.999;
deleted text end

deleted text begin (2)deleted text end provide preferences for veterans according to the Veterans Preference Act under
sections 197.455, 197.46, and 375.63; and

deleted text begin (3)deleted text end new text begin (2) new text end provide an appeals process for an individual who is discharged, demoted,
or suspended.

Sec. 4.

Minnesota Statutes 2010, section 465.719, subdivision 9, is amended to read:


Subd. 9.

Application of other laws.

A corporation created by a political subdivision
under this section must comply with every law that applies to the political subdivision,
as if the corporation is a part of the political subdivision, unless the resolution ratifying
creation of the corporation specifically exempts the corporation from part or all of a law.
If the resolution exempts the corporation from part or all of a law, the resolution must
make a detailed and specific finding as to why the corporation cannot fulfill its purpose if
the corporation is subject to that law. A corporation may not be exempted from chapter
13D, the Minnesota Open Meeting Law, sections 138.163 to 138.25, governing records
management, or chapter 13, the Minnesota Government Data Practices Act. Any affected
or interested person may bring an action in district court to void the resolution on the
grounds that the findings are not sufficiently detailed and specific, or that the corporation
can fulfill its purpose if it is subject to the law from which the resolution exempts the
corporation. Laws that apply to a political subdivision that also apply to a corporation
created by a political subdivision under this subdivision include, but are not limited to:

(1) chapter 13D, the Minnesota Open Meeting Law;

(2) chapter 13, the Minnesota Government Data Practices Act;

(3) section 471.345, the Uniform Municipal Contracting Law;

(4) sections 43A.17, limiting the compensation of employees based on the governor's
salarydeleted text begin ; 471.991 to 471.999, providing for equitable pay;deleted text end new text begin ,new text end and 465.72 and 465.722,
governing severance pay;

(5) if the corporation issues debt, its debt is included in the political subdivision's
debt limit if it would be included if issued by the political subdivision, and issuance of the
debt is subject to the election and other requirements of chapter 475 and section 471.69;

(6) section 471.895, prohibiting acceptance of gifts from interested parties, and
sections 471.87 to 471.89, relating to interests in contracts;

(7) chapter 466, relating to municipal tort liability;

(8) chapter 118A, requiring deposit insurance or bond or pledged collateral for
deposits;

(9) chapter 118A, restricting investments;

(10) section 471.346, requiring ownership of vehicles to be identified;

(11) sections 471.38 to 471.41, requiring claims to be in writing, itemized, and
approved by the governing board before payment can be made; and

(12) the corporation cannot make advances of pay, make or guarantee loans to
employees, or provide in-kind benefits unless authorized by law.

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 43A.04, subdivision 10; 128C.15, subdivision
3; 471.991; 471.992; 471.993; 471.994; 471.995; 471.9966; 471.997; 471.9981; and
471.999,
new text end new text begin are repealed.
new text end

new text begin Minnesota Rules adopted under the authority of sections and subdivisions repealed
in this section are also repealed.
new text end