HF 973

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to employee relations; modifying state
employment provisions; amending Minnesota Statutes
2004, sections 43A.08, subdivision 1a; 43A.10,
subdivision 6a; 43A.15, subdivision 3; 43A.27,
subdivision 2; 43A.31, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 43A.08,
subdivision 1a, is amended to read:

Subd. 1a.

Additional unclassified positions.

Appointing
authorities for the following agencies may designate additional
unclassified positions according to this subdivision: the
Departments of Administration; Agriculture; Commerce;
Corrections; Education; Employee Relations; Employment and
Economic Development; Finance; Health; Human Rights; Labor and
Industry; Natural Resources; Public Safety; Human Services;
Revenue; Transportation; and Veterans Affairs; the Housing
Finance and Pollution Control Agencies; the State Lottery; the
state Board of Investment; the Office of Administrative
Hearings; the Office of Environmental Assistance; the Offices of
the Attorney General, Secretary of State, and State Auditor; the
Minnesota State Colleges and Universities; the Higher Education
Services Office; the Perpich Center for Arts Education; deleted text begin and deleted text end the
Minnesota Zoological Board new text begin ; Explore Minnesota Tourism; and the
Iron Range Resources and Rehabilitation Board new text end .

A position designated by an appointing authority according
to this subdivision must meet the following standards and
criteria:

(1) the designation of the position would not be contrary
to other law relating specifically to that agency;

(2) the person occupying the position would report directly
to the agency head deleted text begin or deleted text end new text begin , new text end deputy agency head new text begin , or assistant agency
head new text end and would be designated as part of the agency head's
management team;

(3) the duties of the position would involve significant
discretion and substantial involvement in the development,
interpretation, and implementation of agency policy;

(4) the duties of the position would not require primarily
personnel, accounting, or other technical expertise where
continuity in the position would be important;

(5) there would be a need for the person occupying the
position to be accountable to, loyal to, and compatible with,
the governor and the agency head, the employing statutory board
or commission, or the employing constitutional officer;

(6) the position would be at the level of division or
bureau director or assistant to the agency head; and

(7) the commissioner has approved the designation as being
consistent with the standards and criteria in this subdivision.

Sec. 2.

Minnesota Statutes 2004, section 43A.10,
subdivision 6a, is amended to read:

Subd. 6a.

Limited consideration of applicants.

The
commissioner may limit consideration to only those applicants
who have indicated availability for the geographic location,
employment condition, travel status, and job grouping of the
vacant position and who have indicated possession of the minimum
qualifications for the vacant position. In addition, the
commissioner may limit consideration to only those applicants
who are:

(1) employees on a layoff list for the job class of the
position. The appointing authority shall consider those names
as provided in collective bargaining agreements and plans
established under section 43A.18;

(2) current employees of the civil service, the Minnesota
State Retirement System, the Public Employees Retirement
Association, and the Teacher's Retirement Association, or
employees of one or more agencies or organizational units under
them;

(3) former permanent and probationary employees of the job
class who separated from the class deleted text begin in good standing deleted text end within the
past four years and have indicated availability for
reinstatement to the class; or

(4) current permanent and probationary employees who have
indicated availability for transfer or demotion to the job class.

Sec. 3.

Minnesota Statutes 2004, section 43A.15,
subdivision 3, is amended to read:

Subd. 3.

Temporary appointments.

The commissioner may
authorize an appointing authority to make a temporary
appointment of up to six months. The commissioner may, in the
best interest of the state, grant an extension of a temporary
appointment or approve a temporary appointment to fill a vacancy
created by an approved leave of absence to a maximum period of
one year. When practicable, new text begin the appointing authority may search
the employment database for qualified applicants or, when
necessary, new text end the commissioner may deleted text begin certify any qualified eligible
from an eligible list for the temporary appointment, but may
deleted text end authorize the appointment of any person deemed qualified by the
appointing authority.

No person shall be employed on a temporary basis in any one
agency for more than 12 months in any 24-month period.

Sec. 4.

Minnesota Statutes 2004, section 43A.27,
subdivision 2, is amended to read:

Subd. 2.

Elective eligibility.

The following persons, if
not otherwise covered by section 43A.24, may elect coverage for
themselves or their dependents at their own expense:

(a) a state employee, including persons on layoff from a
civil service position as provided in collective bargaining
agreements or a plan established pursuant to section 43A.18;

(b) an employee of the Board of Regents of the University
of Minnesota, including persons on layoff, as provided in
collective bargaining agreements or by the Board of Regents;

(c) an officer or employee of the State Agricultural
Society, State Horticultural Society, Sibley House Association,
deleted text begin Minnesota Humanities Commission, deleted text end Minnesota Area Industry Labor
Management Councils, Minnesota International Center, Minnesota
Academy of Science, Science Museum of Minnesota, Minnesota
Safety Council, state Office of Disabled American Veterans,
state Office of the American Legion and its auxiliary, state
Office of Veterans of Foreign Wars and its auxiliary, or state
Office of the Military Order of the Purple Heart;

(d) a civilian employee of the adjutant general who is paid
from federal funds and who is not eligible for benefits from any
federal civilian employee group life insurance or health
benefits program; and

(e) an officer or employee of the State Capitol Credit
Union or the Highway Credit Union.

Sec. 5.

Minnesota Statutes 2004, section 43A.31, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Dissemination of information. new text end

new text begin The commissioner
may electronically transmit to active employees all information
necessary to administer sections 43A.22 to 43A.30, including,
but not limited to, information necessary for open enrollment
elections. The commissioner must provide notification that the
information will be electronically transmitted.
new text end