SF 293

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 01:15pm

A bill for an act
relating to employment; modifications related to open appointments to multimember
agencies; making multimember agency appointments subject to ban the box law;
amending Minnesota Statutes 2022, sections 15.0597, subdivisions 1, 4, 5, 6;
351.01, subdivision 2; 364.021; 364.06, subdivision 1.

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

Section 1.

Minnesota Statutes 2022, section 15.0597, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this section, the following terms shall have
the meanings given them.

(b) "Agency" means (1) a state board, commission, council, committee, authority, task
force, including an advisory task force created under section 15.014 or 15.0593, a group
created by executive order of the governor, or other similar multimember agency created
by law and having statewide jurisdiction; and (2) the Metropolitan Council, metropolitan
agency, Capitol Area Architectural and Planning Board, and any agency with a regional
jurisdiction created in this state pursuant to an interstate compact.

(c) "Vacancy" or "vacant agency position" means (1) a vacancy in an existing agency,
or (2) a new, unfilled agency position. deleted text begin Vacancy includes a position that is to be filled through
appointment of a nonlegislator by a legislator or group of legislators; deleted text end Vacancy does not
mean (1) a vacant position on an agency composed exclusively of persons employed by a
political subdivision or another agency, deleted text begin or deleted text end (2) a vacancy to be filled by a person required
to have a specific title or position new text begin , (3) a vacancy that is to be filled through appointment of
a legislator by a legislator or group of legislators, or (4) a position appointed by a private
entity or individual, in the manner specified in the document creating the agency, unless
otherwise provided new text end .

(d) "Secretary" means the secretary of state.

new text begin (e) "Appointing authority" means the individual or entity with the specific authority to
appoint open or direct appointment positions. This includes, but is not limited to, the
governor, state agency commissioners, indigenous Tribal leaders, designated legislative
leaders and local agency heads, persons who have been specifically delegated the authority
to make those appointments, or private entities or persons as designated by the document
creating the agency. Appointments should be evidenced by a document signed by the
appointing authority's most senior official. Appointments that do not specify an appointing
authority shall be made in the manner provided in section 4.04.
new text end

new text begin (f) "Direct appointments" refers to: (1) the appointment of members to an agency,
pursuant to a process not subject to this section; and (2) those members of an agency
appointed through a process not subject to this section. Direct appointments must be provided
for specifically in the documents creating the agency, whether enabling law, executive order,
commissioner's order, or otherwise.
new text end

Sec. 2.

Minnesota Statutes 2022, section 15.0597, subdivision 4, is amended to read:

Subd. 4.

Notice of vacancies.

The chair of an existing agency, shall notify the secretary
by electronic means of a vacancy scheduled to occur in the agency as a result of the expiration
of membership terms at least 45 days before the vacancy occurs. The chair of an existing
agency deleted text begin shall give electronic notification to deleted text end new text begin must notify new text end the secretary of each vacancy
occurring as a result of newly created agency positions and of every other vacancy occurring
for any reason other than the expiration of membership terms as soon as possible upon
learning of the vacancy and in any case within 15 days after the occurrence of the vacancy. new text begin
The chair may submit vacancy notices by posting seat openings on the secretary of state's
boards and commissions website.
new text end

new text begin (b) If a vacancy is to be appointed by the governor, the chair must first notify the governor
and receive permission to post the vacancy. Where a vacancy is created by resignation, the
vacancy may not be posted until receipt and acceptance of the resignation of the incumbent
as provided by section 351.01, subdivision 1, clause (2), is confirmed by the governor.
new text end

new text begin (c) new text end The appointing authority for newly created agencies shall give electronic notification
to the secretary of all vacancies in the new agency within 15 days after the creation of the
agency. The secretary may require the submission of notices required by this subdivision
by electronic means.

new text begin (d) new text end The secretary shall publish monthly on the website of the secretary of state a list of
all vacancies of which the secretary has been so notified. Only one notice of a vacancy shall
be so published, unless the appointing authority rejects all applicants and requests the
secretary to republish the notice of vacancy. One copy of the listing shall be made available
at the office of the secretary to any interested person. The secretary shall distribute by mail
or electronic means copies of the listings to requesting persons.

new text begin (e) new text end The listing for all vacancies scheduled to occur in the month of January shall be
published on the website of the secretary of state together with the compilation of agency
data required to be published pursuant to subdivision 3.

new text begin (f) new text end If a vacancy occurs within three months after an appointment is made to fill a regularly
scheduled vacancy, the appointing authority may, upon notification by electronic means to
the secretary, fill the vacancy by appointment from the list of persons submitting applications
to fill the regularly scheduled vacancy.

Sec. 3.

Minnesota Statutes 2022, section 15.0597, subdivision 5, is amended to read:

Subd. 5.

Nominations for vacancies.

Any person may make a self-nomination for
appointment to an agency vacancy by completing an application on a form prepared and
distributed by the secretary. The secretary may provide for the submission of the application
by electronic means. Any person or group of persons may, on the prescribed application
form, nominate another person to be appointed to a vacancy so long as the person so
nominated consents on the application form to the nomination. The application form shall
specify the nominee's name, mailing address, electronic mail address, telephone number,
preferred agency position sought, a statement that the nominee satisfies any legally prescribed
qualifications, deleted text begin a statement whether the applicant has ever been convicted of a felony, deleted text end and
any other information the nominating person feels would be helpful to the appointing
authority. The nominating person has the option of indicating the nominee's sex, political
party preference or lack thereof, status with regard to disability, race, veteran status, and
national origin on the application form. The application form shall make the option known.
If a person submits an application at the suggestion of an appointing authority, the person
shall so indicate on the application form. Twenty-one days after publication of a vacancy
on the website of the secretary of state pursuant to subdivision 4, the secretary shall submit
electronic copies of all applications received for a position to the appointing authority
charged with filling the vacancy. deleted text begin If no applications have been received by the secretary for
the vacant position by the date when electronic copies must be submitted to the appointing
authority, the secretary shall so inform the appointing authority. deleted text end Applications received by
the secretary shall be deemed to have expired one year after receipt of the application. An
application for a particular agency position shall be deemed to be an application for all
vacancies in that agency occurring prior to the expiration of the application and shall be
public information.

Sec. 4.

Minnesota Statutes 2022, section 15.0597, subdivision 6, is amended to read:

Subd. 6.

Appointments.

new text begin (a) new text end In making an appointment to a vacant agency position, the
appointing authority shall consider applications for positions in that agency supplied by the
secretary. No appointing authority may appoint someone to a vacant agency position until
deleted text begin (1) ten deleted text end new text begin five new text end days after receipt of the applications for positions in that agency from the
secretary deleted text begin or (2) receipt of notice from the secretary that no applications have been received
for vacant positions in that agency deleted text end new text begin as provided for in subdivision 5 new text end . At least five days before
the date of appointment, the appointing authority shall issue a public announcement and
inform the secretary by electronic means of the name of the person the appointing authority
deleted text begin intends to appoint deleted text end new text begin has appointed new text end to fill the agency vacancy and the expiration date of that
person's term.

new text begin (b) No person may serve in a position until the appointing authority has submitted either
(1) a signed notice of appointment or (2) the documents required by paragraph (e) to the
secretary of state, and the term of the appointee may not commence on a date preceding the
date of the signature on the notice of appointment or the paragraph (e) submission.
new text end

new text begin (c) An oath of office for each appointee to an agency must be submitted to the secretary
of state under section 358.05.
new text end

new text begin (d) new text end If the appointing authority intends to appoint a person other than one for whom an
application was submitted pursuant to this section, the appointing authority shall complete
an application form on behalf of the appointee and submit it to the secretary indicating on
the application that it is submitted by the appointing authority.

new text begin (e) An appointing authority making a direct appointment must submit a letter to the
secretary of state stating the name of the person appointed, the agency and the specific seat
to which they are appointed, contact information, the date on which the term begins, and
length of the term.
new text end

new text begin (f) No person may simultaneously occupy more than one position on the same agency
board. Appointment or designation of a member as chair of an agency does not constitute
a violation of this paragraph.
new text end

Sec. 5.

Minnesota Statutes 2022, section 351.01, subdivision 2, is amended to read:

Subd. 2.

When effective.

Except as provided by subdivision 3 or other express provision
of law or charter to the contrary, a resignation is effective when it is received by the officer,
body, or board authorized to receive it. new text begin In the case of a position appointed by the governor
under section 15.0597, the resignation must be submitted to the governor.
new text end

Sec. 6.

Minnesota Statutes 2022, section 364.021, is amended to read:

364.021 PUBLIC AND PRIVATE EMPLOYMENT; CONSIDERATION OF
CRIMINAL RECORDS.

(a) A public or private employer may not inquire into or consider or require disclosure
of the criminal record or criminal history of an applicant for employment until the applicant
has been selected for an interview by the employer or, if there is not an interview, before a
conditional offer of employment is made to the applicant.

(b) This section does not apply to the Department of Corrections or to employers who
have a statutory duty to conduct a criminal history background check or otherwise take into
consideration a potential employee's criminal history during the hiring process.

(c) This section does not prohibit an employer from notifying applicants that law or the
employer's policy will disqualify an individual with a particular criminal history background
from employment in particular positions.

new text begin (d) An appointing authority may not inquire into or consider or require disclosure of the
criminal record or criminal history of an applicant for appointment to multimember agencies,
including boards, commissions, agencies, committees, councils, authorities, advisory task
forces, and advisory councils, on an application form or, until the applicant has been selected
for an interview by the appointing authority or is otherwise selected as a final candidate for
appointment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 7.

Minnesota Statutes 2022, section 364.06, subdivision 1, is amended to read:

Subdivision 1.

Public employers.

Any complaints or grievances concerning violations
of sections 364.01 to 364.10 by public employers new text begin or violations of section 364.021 by public
appointing authorities new text end shall be processed and adjudicated in accordance with the procedures
set forth in chapter 14, the Administrative Procedure Act.