Minnesota Legislature
HF 2463
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/02/2023 02:13pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/02/2023 |
Current Version - as introduced
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A bill for an act
relating to state government; eliminating legislative review of contracts between
the state and exclusive representatives of public employees; amending Minnesota
Statutes 2022, sections 3.855, subdivisions 2, 3, 5; 179A.22, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 3.855, subdivision 2, is amended to read:
Subd. 2.
State employee negotiations.
deleted text begin
(a) The commissioner of management and budget
shall regularly advise the commission on the progress of collective bargaining activities
with state employees under the state Public Employment Labor Relations Act. During
negotiations, the commission may make recommendations to the commissioner as it deems
appropriate but no recommendation shall impose any obligation or grant any right or privilege
to the parties.
deleted text end
deleted text begin (b)deleted text end new text begin (a)new text end The commissioner shall submit to the chair of the commission any deleted text begin negotiated
collective bargaining agreements, arbitration awards,deleted text end compensation plansdeleted text begin ,deleted text end or salaries for
legislative approval or disapproval. deleted text begin Negotiated agreements shall be submitted within five
days of the date of approval by the commissioner or the date of approval by the affected
state employees, whichever occurs later. Arbitration awards shall be submitted within five
days of their receipt by the commissioner.deleted text end If the commission disapproves a deleted text begin collective
bargaining agreement, award,deleted text end compensation plandeleted text begin ,deleted text end or salary, the commission shall specify
in writing to the parties those portions with which it disagrees and its reasons. If the
commission approves a deleted text begin collective bargaining agreement, award,deleted text end compensation plandeleted text begin ,deleted text end or
salary, it shall submit the matter to the legislature to be accepted or rejected under this
section.
deleted text begin (c)deleted text end new text begin (b)new text end When the legislature is not in session, the commission may give interim approval
to a deleted text begin negotiated collective bargaining agreement,deleted text end salarydeleted text begin ,deleted text end new text begin ornew text end compensation plandeleted text begin , or arbitration
awarddeleted text end . deleted text begin When the legislature is not in session, failure of the commission to disapprove a
collective bargaining agreement or arbitration award within 30 days constitutes approval.deleted text end
The commission shall submit the deleted text begin negotiated collective bargaining agreements,deleted text end salariesdeleted text begin ,deleted text end new text begin andnew text end
compensation plansdeleted text begin , or arbitration awardsdeleted text end for which it has provided approval to the entire
legislature for ratification at a special legislative session called to consider them or at its
next regular legislative session as provided in this section. Approval or disapproval by the
commission is not binding on the legislature.
deleted text begin (d)deleted text end new text begin (c)new text end When the legislature is not in session, the proposed deleted text begin collective bargaining
agreement, arbitration decision,deleted text end salarydeleted text begin ,deleted text end or compensation plan must be implemented upon
its approval by the commission, and state employees covered by the deleted text begin proposed agreement
or arbitration decisiondeleted text end new text begin plan or salarynew text end do not have the right to strike while the interim approval
is in effect. deleted text begin Wages and economic fringe benefit increases provided for in the agreement or
arbitration decision paid in accordance with the interim approval by the commission are
not affected, but the wages or benefit increases must cease to be paid or provided effective
upon the rejection of the agreement, arbitration decision, salary, or compensation plan, or
upon adjournment of the legislature without acting on it.
deleted text end
Sec. 2.
Minnesota Statutes 2022, section 3.855, subdivision 3, is amended to read:
Subd. 3.
Other salaries and compensation plans.
The commission shall deleted text begin alsodeleted text end :
(1) review and approve, reject, or modify a plan for compensation and terms and
conditions of employment prepared and submitted by the commissioner of management
and budget under section 43A.18, subdivision 2, covering all state employees who are not
represented by an exclusive bargaining representative and whose compensation is not
provided for by chapter 43A or other law;
(2) review and approve, reject, or modify a plan for total compensation and terms and
conditions of employment for employees in positions identified as being managerial under
section 43A.18, subdivision 3, whose salaries and benefits are not otherwise provided for
in law or other plans established under chapter 43A;
(3) review and approve, reject, or modify recommendations for salaries submitted by
the governor or other appointing authority under section 15A.0815, subdivision 5, covering
agency head positions listed in section 15A.0815;
(4) review and approve, reject, or modify recommendations for salary range of officials
of higher education systems under section 15A.081, subdivision 7c;
(5) review and approve, reject, or modify plans for compensation, terms, and conditions
of employment proposed under section 43A.18, subdivisions 3a, 3b, and 4; and
(6) review and approve, reject, or modify the plan for compensation, terms, and conditions
of employment of classified employees in the office of the legislative auditor under section
3.971, subdivision 2.
Sec. 3.
Minnesota Statutes 2022, section 3.855, subdivision 5, is amended to read:
Subd. 5.
Information required.
The commissioner of management and budget must
submit to the Legislative Coordinating Commission the following information with the
submission of a deleted text begin collective bargaining agreement ordeleted text end compensation plan under deleted text begin subdivisions
2 anddeleted text end new text begin subdivisionnew text end 3:
(1) for each agency and for each proposed deleted text begin agreement ordeleted text end plan, a comparison of biennial
compensation costs under the current deleted text begin agreement ordeleted text end plan to the projected biennial
compensation costs under the proposed deleted text begin agreement ordeleted text end plan, paid with funds appropriated
from the general fund;
(2) for each agency and for each proposed deleted text begin agreement ordeleted text end plan, a comparison of biennial
compensation costs under the current deleted text begin agreement ordeleted text end plan to the projected biennial
compensation costs under the proposed deleted text begin agreement ordeleted text end plan, paid with funds appropriated
from each fund other than the general fund;
(3) for each agency and for each proposed deleted text begin agreement ordeleted text end plan, an identification of the
amount of the additional biennial compensation costs that are attributable to salary and
wages and to the cost of nonsalary and nonwage benefits; and
(4) for each agency, for clauses (1) to (3), the impact of the aggregate of all deleted text begin agreements
anddeleted text end plans being submitted to the commission.
Sec. 4.
Minnesota Statutes 2022, section 179A.22, subdivision 4, is amended to read:
Subd. 4.
Agreements.
The commissioner of management and budget is authorized to
enter into agreements with exclusive representatives. The negotiated agreements and
arbitration deleted text begin decisiondeleted text end new text begin decisionsnew text end must be deleted text begin submitted to the legislature to be accepted or rejected
in accordance with this section and section 3.855deleted text end new text begin implemented by the commissioner of
management and budget following the approval of the tentative agreement by exclusive
representativesnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023, for negotiated agreements
and arbitration decisions effective after July 1, 2023.
new text end