HF 1592

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to workers' compensation; changing the appointing authorities for
members of the Advisory Council on Workers' Compensation; amending
Minnesota Statutes 2006, section 175.007, subdivisions 1, 2, 3.

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

Section 1.

Minnesota Statutes 2006, section 175.007, subdivision 1, is amended to read:

Subdivision 1.

Creation; composition.

(a) There is created a permanent Council on
Workers' Compensation consisting of deleted text begin 12 deleted text end new text begin 14 new text end voting members as follows: the presidents of
the largest statewide Minnesota business and organized labor organizations as measured by
the number of employees of its business members and in its affiliated labor organizations
in Minnesota on July 1, 1992, and every five years thereafter; five additional members
representing business, and five additional members representing organized labor. new text begin The
president of the Minnesota AFL-CIO shall appoint to the council five labor representatives
from its affiliated membership. The president of the Minnesota Chamber of Commerce
shall appoint five business representatives, at least two of whom must represent small
employers as defined under section 177.24, subdivision 1, paragraph (a), clause (2). The
speaker of the house of representatives and the majority leader of the senate shall each
appoint a caucus member as a voting member of the council. new text end The commissioner of
labor and industry shall serve as chair of the council and shall be a nonvoting member.
Notwithstanding section 15.059, this council does not expire unless the council no longer
fulfills the purpose for which the council was established, the council has not met in the
last 18 months, or the council does not comply with the registration requirements of
section 15.0599, subdivision 3.

(b) deleted text begin The governor, the majority leader of the senate, the speaker of the house of
representatives, the minority leader of the senate, and the minority leader of the house
of representatives shall each select a business and a labor representative. At least four
of the labor representatives shall be chosen from the affiliated membership of the
Minnesota AFL-CIO. At least two of the business representatives shall be representatives
of small employers as defined in section 177.24, subdivision 1, paragraph (a), clause (2). deleted text end
None of the council members shall represent attorneys, health care providers, qualified
rehabilitation consultants, or insurance companies. deleted text begin If the appointing officials cannot
agree on a method of appointing the required number of Minnesota AFL-CIO and small
business representatives by the second Monday in June of the year in which appointments
are made, they shall notify the secretary of state. The distribution of appointments shall
then be determined publicly by lot by the secretary of state or a designee in the presence of
the appointing officials or their designees on the third Monday in June. deleted text end

(c) Each council member shall appoint an alternate. Alternates shall serve in the
absence of the member they replace.

(d) The deleted text begin ten deleted text end new text begin 12 new text end appointed voting members shall serve for terms of five years and
may be reappointed.

(e) The council shall designate liaisons to the council representing workers'
compensation insurers; medical, hospital, and rehabilitation providers; and the legal
profession. deleted text begin The speaker and minority leader of the house of representatives shall each
appoint a caucus member as a liaison to the council. The majority and minority leaders of
the senate shall each appoint a caucus member to serve as a liaison to the council.
deleted text end

(f) The compensation and removal of members shall be as provided in section
15.059.

Sec. 2.

Minnesota Statutes 2006, section 175.007, subdivision 2, is amended to read:

Subd. 2.

Duties; recommendations.

The advisory council shall advise the
department in carrying out the purposes of chapter 176. The council shall submit its
recommendations with respect to amendments to chapter 176 by February 1 of each year
to each regular session of the legislature and shall report its views upon any pending
bill relating to chapter 176 to the proper legislative committee. A recommendation
may not be made by the council unless it is supported by a majority of deleted text begin the employer deleted text end
members deleted text begin and a majority of the labor members deleted text end . new text begin A tie vote shall send a bill to the legislative
committee without recommendation. new text end At the request of the chairs of the senate and house
of representatives committees that hear workers' compensation matters, the department
shall schedule a meeting of the council with the members of the committees to discuss
matters of legislative concern arising under chapter 176.

Sec. 3.

Minnesota Statutes 2006, section 175.007, subdivision 3, is amended to read:

Subd. 3.

Meetings; voting.

(a) The council shall meet as frequently as necessary to
carry out its duties and responsibilities. The council may also conduct public hearings
throughout the state as may be necessary to give interested persons an opportunity to
comment and make suggestions on the operation of the state's workers' compensation law.

(b) The meetings of the council are subject to the state's Open Meeting Law, chapter
13D; except that the six deleted text begin employer deleted text end new text begin business new text end voting members and the six labor voting
members may meet in separate closed caucuses for the purpose of deliberating on matters
before the council. All votes of the council must be public and recorded.