HF 3575

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public employment; providing criteria for 
  1.3             state employees to qualify for same-sex domestic 
  1.4             partner benefits; ratifying labor agreements and 
  1.5             amendments to certain plans; ratifying a salary 
  1.6             increase; proposing coding for new law in Minnesota 
  1.7             Statutes, chapter 43A. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [43A.241] [CONDITIONS FOR SAME-SEX DOMESTIC 
  1.10  PARTNER BENEFITS.] 
  1.11     Subdivision 1.  [COMPLIANCE WITH THIS SECTION.] A 
  1.12  collective bargaining agreement or compensation plan providing 
  1.13  insurance benefits to a same-sex domestic partner of a state 
  1.14  employee must require compliance with the terms and conditions 
  1.15  of this section. 
  1.16     Subd. 2.  [CRITERIA.] The state employee and the same-sex 
  1.17  domestic partner must certify that they: 
  1.18     (1) are of the same gender; 
  1.19     (2) are at least 18 years old and are mentally competent to 
  1.20  enter into legally binding contracts; 
  1.21     (3) are not related by blood or adoption in a manner that 
  1.22  would prohibit marriage and are neither married nor in another 
  1.23  domestic partnership; 
  1.24     (4) have a committed interdependent relationship which they 
  1.25  intend to continue indefinitely; 
  1.26     (5) agree to assume all the legal spousal obligations to 
  2.1   each other that would apply if they were legally married; 
  2.2      (6) are jointly responsible for each other's basic common 
  2.3   welfare and well-being, including food, shelter, and health 
  2.4   care, and will demonstrate this, upon request of the employer, 
  2.5   by showing two of the following:  (i) a joint obligation on a 
  2.6   commercial loan; (ii) a mutually granted power of attorney; 
  2.7   (iii) a joint bank account; (iv) a federal income tax return 
  2.8   which claimed the partner as a dependent; (v) a designation as 
  2.9   beneficiary under the other's life insurance policy, retirement 
  2.10  benefits, or will; or (vi) joint ownership or holding of real 
  2.11  property or investments; 
  2.12     (7) share a common domicile and principal residence with 
  2.13  each other on a permanent basis, and intend to do so 
  2.14  indefinitely, and will demonstrate this, upon request of the 
  2.15  employer, by showing one of the following:  (i) driver's 
  2.16  licenses with the same principal residence; (ii) lease of 
  2.17  principal residence bearing the name of both partners; (iii) 
  2.18  home title to principal residence bearing the name of both 
  2.19  partners; or (iv) other documentation satisfactory to the 
  2.20  employer. 
  2.21     (8) will promptly inform the employer if they become aware 
  2.22  that a statement made in the certification has ceased to be true 
  2.23  or was inaccurate when made, and will submit a certificate of 
  2.24  termination of domestic partnership if the conditions necessary 
  2.25  to qualify for domestic partnership benefits no longer are met; 
  2.26     (9) acknowledge that false statements or failure to timely 
  2.27  inform the employer as required in clause (8) are grounds for 
  2.28  disciplinary action of the state employee; and 
  2.29     (10) agree that in the event of a false declaration, the 
  2.30  employer may recover damages for all losses related to the false 
  2.31  declaration and reasonable attorney fees incurred by the 
  2.32  employer to recover these damages. 
  2.33     Subd. 3.  [FORM OF CERTIFICATION.] The certification 
  2.34  required by this section must be in a form required by the 
  2.35  commissioner of employee relations.  The certification must be 
  2.36  notarized and be attested to by two witnesses. 
  3.1      Sec. 2.  [RATIFICATIONS.] 
  3.2      Subdivision 1.  [ENGINEERS.] The labor agreement between 
  3.3   the state of Minnesota and the Minnesota government engineers 
  3.4   council, approved by the legislative coordinating commission 
  3.5   subcommittee on employee relations on December 11, 2001, is 
  3.6   ratified. 
  3.7      Subd. 2.  [COUNCIL 6.] The labor agreement between the 
  3.8   state of Minnesota and the American federation of state, county, 
  3.9   and municipal employees, units 2, 3, 4, 6, and 7, submitted to 
  3.10  the legislative coordinating commission subcommittee on employee 
  3.11  relations on November 21, 2001, and implemented after 30 days on 
  3.12  December 21, 2001, as provided in Minnesota Statutes, section 
  3.13  3.855, subdivision 2, paragraph (c), is ratified.  
  3.14     Subd. 3.  [PROFESSIONAL EMPLOYEES.] The labor agreement 
  3.15  between the state of Minnesota and the Minnesota association of 
  3.16  professional employees, submitted to the legislative 
  3.17  coordinating commission subcommittee on employee relations on 
  3.18  November 21, 2001, and implemented after 30 days on December 21, 
  3.19  2001, as provided in Minnesota Statutes, section 3.855, 
  3.20  subdivision 2, paragraph (c), is ratified.  
  3.21     Subd. 4.  [UNREPRESENTED MANAGERS; MINNESOTA STATE COLLEGES 
  3.22  AND UNIVERSITIES.] The amendments to the compensation plan for 
  3.23  administrators of the Minnesota state colleges and universities, 
  3.24  approved by the legislative coordinating commission subcommittee 
  3.25  on employee relations on December 11, 2001, are ratified. 
  3.26     Subd. 5.  [MANAGERIAL PLAN.] The amendments to the 
  3.27  managerial plan, approved by the legislative coordinating 
  3.28  commission subcommittee on employee relations on December 11, 
  3.29  2001, are ratified. 
  3.30     Subd. 6.  [COMMISSIONER'S PLAN.] The amendments to the 
  3.31  commissioner's plan, approved by the legislative coordinating 
  3.32  commission subcommittee on employee relations on December 11, 
  3.33  2001, are ratified. 
  3.34     Subd. 7.  [SUPERVISORS.] The labor agreement between the 
  3.35  state of Minnesota and the middle management association, 
  3.36  submitted to the legislative coordinating commission 
  4.1   subcommittee on employee relations on December 21, 2001, and 
  4.2   implemented after 30 days on January 20, 2002, as provided in 
  4.3   Minnesota Statutes, section 3.855, subdivision 2, paragraph (c), 
  4.4   is ratified.  
  4.5      Subd. 8.  [RESIDENTIAL SCHOOLS TEACHERS.] The labor 
  4.6   agreement between the state of Minnesota and the state 
  4.7   residential schools education association, submitted to the 
  4.8   legislative coordinating commission subcommittee on employee 
  4.9   relations on December 21, 2001, and implemented after 30 days on 
  4.10  January 20, 2002, as provided in Minnesota Statutes, section 
  4.11  3.855, subdivision 2, paragraph (c), is ratified. 
  4.12     Subd. 9.  [ADMINISTRATIVE AND SERVICE FACULTY.] The labor 
  4.13  agreement between the state of Minnesota and the Minnesota state 
  4.14  university association of administrative and service faculty, 
  4.15  submitted to the legislative coordinating commission 
  4.16  subcommittee on employee relations on December 28, 2001, and 
  4.17  implemented after 30 days on January 27, 2002, as provided in 
  4.18  Minnesota Statutes, section 3.855, subdivision 2, paragraph (c), 
  4.19  is ratified. 
  4.20     Subd. 10.  [UNREPRESENTED MANAGERS; MINNESOTA STATE 
  4.21  COLLEGES AND UNIVERSITIES.] The compensation plan for 
  4.22  administrators of the Minnesota state colleges and universities, 
  4.23  as modified and approved by the legislative coordinating 
  4.24  commission subcommittee on employee relations on February 1, 
  4.25  2002, is ratified. 
  4.26     Subd. 11.  [SALARY FOR THE DIRECTOR OF THE STATE BOARD OF 
  4.27  INVESTMENT.] The proposal to increase the salary of the 
  4.28  executive director of the state board of investment, as modified 
  4.29  and approved by the legislative coordinating commission 
  4.30  subcommittee on employee relations on February 1, 2002, is 
  4.31  ratified. 
  4.32     Sec. 3.  [EFFECTIVE DATE.] 
  4.33     Sections 1 and 2 are effective the day following final 
  4.34  enactment.  Section 1 applies to any collective bargaining 
  4.35  agreement or compensation plan submitted to the legislative 
  4.36  coordinating commission or its subcommittee on employee 
  5.1   relations on or after that date, and to any plan initially 
  5.2   implemented in the legislative or judicial branch after that 
  5.3   date.