HF 801

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to state government; providing for the 
  1.3             application of certain employment laws; amending 
  1.4             Minnesota Statutes 1996, sections 3.09; 43A.05, 
  1.5             subdivision 5; 43A.19, subdivision 1; 177.23, 
  1.6             subdivision 6; 179A.03, subdivision 15; and 363.073, 
  1.7             subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 3.09, is 
  1.10  amended to read: 
  1.11     3.09 [COMPENSATION OF EMPLOYEES.] 
  1.12     Subject to sections 177.24 and 177.25, the compensation of 
  1.13  officers and employees shall be at the rates per day fixed by 
  1.14  the permanent rules of the electing or appointing body or 
  1.15  recommended by its committee on legislative expense.  
  1.16     Sec. 2.  Minnesota Statutes 1996, section 43A.05, 
  1.17  subdivision 5, is amended to read: 
  1.18     Subd. 5.  [COMPARABILITY ADJUSTMENTS.] The commissioner 
  1.19  shall compile, subject to availability of funds and personnel, 
  1.20  and submit to the legislative coordinating commission by January 
  1.21  1 of each odd-numbered year a list showing, by bargaining unit, 
  1.22  and by plan for executive branch employees covered by a plan 
  1.23  established under section 43A.18, those female-dominated classes 
  1.24  and those male-dominated classes in state civil service for 
  1.25  which a compensation inequity exists based on comparability of 
  1.26  the value of the work.  The commissioner shall also submit to 
  2.1   the legislative coordinating commission, along with the list, an 
  2.2   estimate of the appropriation necessary for providing 
  2.3   comparability adjustments for classes on the list.  The house of 
  2.4   representatives, the senate, and the legislative coordinating 
  2.5   commission shall each compile and submit to the legislative 
  2.6   coordinating commission by January 1 of each odd-numbered year 
  2.7   similar lists of compensation inequities and proposed 
  2.8   appropriations for employees under their respective 
  2.9   jurisdictions.  The commission shall review and approve, 
  2.10  disapprove, or modify the list and proposed appropriation.  The 
  2.11  commission's action must be submitted to the full legislature.  
  2.12  The full legislature may approve, reject, or modify the 
  2.13  commission's action.  The commission shall show the distribution 
  2.14  of the proposed appropriation among the bargaining units and 
  2.15  among the plans established under 43A.18.  Each bargaining unit 
  2.16  and each plan must be allocated that proportion of the total 
  2.17  proposed appropriation that equals the cost of providing 
  2.18  adjustments for the positions in the unit or plan approved by 
  2.19  the commission for comparability adjustments divided by the 
  2.20  total cost of providing adjustments for all positions on the 
  2.21  list approved by the commission for comparability adjustments.  
  2.22  Distribution of any appropriated funds within each bargaining 
  2.23  unit or plan must be determined by collective bargaining 
  2.24  agreements or by plans. 
  2.25     Sec. 3.  Minnesota Statutes 1996, section 43A.19, 
  2.26  subdivision 1, is amended to read: 
  2.27     Subdivision 1.  [STATEWIDE AFFIRMATIVE ACTION PROGRAM.] (a) 
  2.28  To assure that positions in the executive branch and legislative 
  2.29  branches of the civil service are equally accessible to all 
  2.30  qualified persons, and to eliminate the underutilization of 
  2.31  qualified members of protected groups, the commissioner shall 
  2.32  adopt and periodically revise, if necessary, a statewide 
  2.33  affirmative action program.  The statewide affirmative action 
  2.34  program must consist of at least the following: 
  2.35     (1) objectives, goals, and policies; 
  2.36     (2) procedures, standards, and assumptions to be used by 
  3.1   agencies in the preparation of agency affirmative action plans, 
  3.2   including methods by which goals and timetables are established; 
  3.3      (3) the analysis of separation patterns to determine the 
  3.4   impact on protected group members; and 
  3.5      (4) requirements for annual objectives and submission of 
  3.6   affirmative action progress reports from heads of agencies. 
  3.7      (b) The commissioner shall base affirmative action goals on 
  3.8   at least the following factors: 
  3.9      (1) the percentage of members of each protected class in 
  3.10  the recruiting area population who have the necessary skills; 
  3.11     (2) the availability for promotion or transfer of members 
  3.12  of protected classes in the recruiting area population; 
  3.13     (3) the extent of unemployment of members of protected 
  3.14  classes in the recruiting area population; 
  3.15     (4) the existence of training programs in needed skill 
  3.16  areas offered by employing agencies and other institutions; and 
  3.17     (5) the expected number of available positions to be filled.
  3.18     (c) The commissioner shall designate a state director of 
  3.19  diversity and equal employment opportunity who may be delegated 
  3.20  the preparation, revision, implementation, and administration of 
  3.21  the program.  The commissioner of employee relations may place 
  3.22  the director's position in the unclassified service if the 
  3.23  position meets the criteria established in section 43A.08, 
  3.24  subdivision 1a. 
  3.25     Sec. 4.  Minnesota Statutes 1996, section 177.23, 
  3.26  subdivision 6, is amended to read: 
  3.27     Subd. 6.  [EMPLOYER.] "Employer" means any individual, 
  3.28  partnership, association, corporation, business trust, or any 
  3.29  person or group of persons acting directly or indirectly in the 
  3.30  interest of an employer in relation to an employee, including 
  3.31  the legislature. 
  3.32     Sec. 5.  Minnesota Statutes 1996, section 179A.03, 
  3.33  subdivision 15, is amended to read: 
  3.34     Subd. 15.  [PUBLIC EMPLOYER.] "Public employer" or 
  3.35  "employer" means:  
  3.36     (a) the state of Minnesota for legislative branch employees 
  4.1   and employees of the state not otherwise provided for in this 
  4.2   subdivision or section 179A.10 for executive branch employees; 
  4.3      (b) the board of regents of the University of Minnesota for 
  4.4   its employees; and 
  4.5      (c) notwithstanding any other law to the contrary, the 
  4.6   governing body of a political subdivision or its agency or 
  4.7   instrumentality which has final budgetary approval authority for 
  4.8   its employees.  However, the views of elected appointing 
  4.9   authorities who have standing to initiate interest arbitration, 
  4.10  and who are responsible for the selection, direction, 
  4.11  discipline, and discharge of individual employees shall be 
  4.12  considered by the employer in the course of the discharge of 
  4.13  rights and duties under sections 179A.01 to 179A.25.  
  4.14     When two or more units of government subject to sections 
  4.15  179A.01 to 179A.25 undertake a project or form a new agency 
  4.16  under law authorizing common or joint action, the employer is 
  4.17  the governing person or board of the created agency.  The 
  4.18  governing official or body of the cooperating governmental units 
  4.19  shall be bound by an agreement entered into by the created 
  4.20  agency according to sections 179A.01 to 179A.25.  
  4.21     "Public employer" or "employer" does not include a 
  4.22  "charitable hospital" as defined in section 179.35, subdivision 
  4.23  2.  
  4.24     Nothing in this subdivision diminishes the authority 
  4.25  granted pursuant to law to an appointing authority with respect 
  4.26  to the selection, direction, discipline, or discharge of an 
  4.27  individual employee if this action is consistent with general 
  4.28  procedures and standards relating to selection, direction, 
  4.29  discipline, or discharge which are the subject of an agreement 
  4.30  entered into under sections 179A.01 to 179A.25.  
  4.31     Sec. 6.  Minnesota Statutes 1996, section 363.073, 
  4.32  subdivision 1, is amended to read: 
  4.33     Subdivision 1.  [SCOPE OF APPLICATION.] No department or 
  4.34  agency in the executive, legislative, and judicial branches of 
  4.35  the state government shall accept any bid or proposal for a 
  4.36  contract or agreement or execute any contract or agreement for 
  5.1   goods or services in excess of $50,000 with any business having 
  5.2   more than 20 full-time employees on a single working day during 
  5.3   the previous 12 months, unless the firm or business has an 
  5.4   affirmative action plan for the employment of minority persons, 
  5.5   women, and the disabled that has been approved by the 
  5.6   commissioner of human rights.  Receipt of a certificate of 
  5.7   compliance issued by the commissioner shall signify that a firm 
  5.8   or business has an affirmative action plan that has been 
  5.9   approved by the commissioner.  A certificate shall be valid for 
  5.10  a period of two years.  A municipality as defined in section 
  5.11  466.01, subdivision 1, that receives state money for any reason 
  5.12  is encouraged to prepare and implement an affirmative action 
  5.13  plan for the employment of minority persons, women, and the 
  5.14  disabled and submit the plan to the commissioner of human rights.