Minnesota Legislature
SF 5019
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/19/2024 09:01am
Current Version - as introduced
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A bill for an act
relating to state government; making changes to employee compensation plans;
amending Minnesota Statutes 2022, sections 43A.05, subdivision 3; 43A.18,
subdivisions 2, 3, 9; Minnesota Statutes 2023 Supplement, section 3.855,
subdivisions 2, 3, 6; repealing Minnesota Statutes 2023 Supplement, section 3.855,
subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2023 Supplement, section 3.855, subdivision 2, is amended
to read:
Subd. 2.
deleted text begin Unrepresenteddeleted text end State employee compensation.
(a) The commissioner of
management and budget shall submit to the chair of the commission any compensation
plans or salaries prepared under section 43A.18, subdivisions 2, 3, 3b, and 4. The chancellor
of the Minnesota State Colleges and Universities shall submit any compensation plan under
section 43A.18, subdivision 3a. deleted text begin If the commission disapproves a compensation plan 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 compensation plan or salary, it shall
submit the matter to the legislature to be accepted or rejected under this section.
deleted text end
deleted text begin
(b) When the legislature is not in session, the commission may give interim approval to
a salary or compensation plan. The commission shall submit the salaries and compensation
plans 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 end
deleted text begin (c) When the legislature is not in session,deleted text end new text begin (b)new text end The proposed salary or compensation plan
must be implemented upon its deleted text begin approval bydeleted text end new text begin submission tonew text end the commissiondeleted text begin , and state
employees covered by the proposed plan or salary do not have the right to strike while the
interim approval is in effectdeleted text end .
Sec. 2.
Minnesota Statutes 2023 Supplement, section 3.855, subdivision 3, is amended to
read:
Subd. 3.
Other deleted text begin salaries and compensation plansdeleted text end new text begin salary and compensation plannew text end .
The
commission shalldeleted text begin :
deleted text end
deleted text begin
(1) review and approve or reject 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
deleted text end
deleted text begin
43A
deleted text end
deleted text begin
or other law;
deleted text end
deleted text begin
(2) review and approve or reject 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
deleted text end
deleted text begin
43A
deleted text end
deleted text begin
;
deleted text end
deleted text begin
(3) review and approve or reject recommendations for salary range of officials of higher
education systems under section 15A.081, subdivision 7c;
deleted text end
deleted text begin
(4) review and approve or reject plans for compensation, terms, and conditions of
employment proposed under section 43A.18, subdivisions 3a, 3b, and 4; and
deleted text end
deleted text begin (5)deleted text end review and approve or reject 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 2023 Supplement, section 3.855, subdivision 6, is amended to
read:
Subd. 6.
Information required; collective bargaining agreements, memoranda of
understanding, and interest arbitration awards.
Within 14 days after the implementation
of a collective bargaining agreement, memorandum of understanding,new text begin compensation plan,new text end
or receipt of an interest arbitration award, the commissioner of management and budget
must submit to the Legislative Coordinating Commission the following:
(1) a copy of the collective bargaining agreementnew text begin or compensation plannew text end showing changes
from previous agreements and a copy of the executed agreement;
(2) a copy of any memorandum of understanding that has a fiscal impact or interest
arbitration award;
(3) a comparison of biennial compensation costs under the current agreement new text begin or plan new text end to
the projected biennial compensation costs under the new agreement, memorandum of
understanding, or interest arbitration award; and
(4) a comparison of biennial compensation costs under the current agreementnew text begin or plannew text end to
the projected biennial compensation costs for the following biennium under the new
agreement, memorandum of understanding, or interest arbitration award.
Sec. 4.
Minnesota Statutes 2022, section 43A.05, subdivision 3, is amended to read:
Subd. 3.
Commissioner's plan.
The commissioner shall periodically develop and
establish pursuant to this chapter a commissioner's plan. The commissioner shall submit
the plandeleted text begin , before becoming effective,deleted text end to the Legislative Coordinating Commission deleted text begin for
approvaldeleted text end .
Sec. 5.
Minnesota Statutes 2022, section 43A.18, subdivision 2, is amended to read:
Subd. 2.
Commissioner's plan.
Except as provided in section 43A.01, the compensation,
terms and conditions of employment for all classified and unclassified employees, except
unclassified employees in the legislative and judicial branches, who are not covered by a
collective bargaining agreement and not otherwise provided for in chapter 43A or other law
are governed solely by a plan developed by the commissioner. The Legislative Coordinating
Commission shall review deleted text begin and approve, reject, or modifydeleted text end the plan under section 3.855,
subdivision 2. The plan need not be adopted in accordance with the rulemaking provisions
of chapter 14.
Sec. 6.
Minnesota Statutes 2022, section 43A.18, subdivision 3, is amended to read:
Subd. 3.
Managerial plan.
(a) The commissioner shall identify individual positions or
groups of positions in the classified and unclassified service in the executive branch as being
managerial. The list must not include positions listed in subdivision 4.
(b) The commissioner shall periodically prepare a plan for total compensation and terms
and conditions of employment for employees of those positions identified as being managerial
and whose salaries and benefits are not otherwise provided for in law or other plans
established under this chapter. Before becoming effective those portions of the plan
establishing compensation and terms and conditions of employment must be deleted text begin reviewed and
approved or modified bydeleted text end new text begin submitted tonew text end the Legislative Coordinating Commission deleted text begin and the
legislaturedeleted text end under section 3.855, subdivisions 2 and 3.
(c) Incumbents of managerial positions as identified under this subdivision must be
excluded from any bargaining units under chapter 179A.
(d) The management compensation plan must provide methods and levels of
compensation for managers that will be generally comparable to those applicable to managers
in other public and private employment. The plan must ensure that compensation within
assigned salary ranges is related to level of performance. The plan must also provide a
procedure for establishment of a salary rate for a newly created position and a new appointee
to an existing position and for progression through assigned salary ranges. The employee
benefits established under the provisions of the managerial plan may be extended to agency
heads whose salaries are established in section 15A.0815 and to constitutional officers,
judges of the Workers' Compensation Court of Appeals, and Tax Court judges.
Sec. 7.
Minnesota Statutes 2022, section 43A.18, subdivision 9, is amended to read:
Subd. 9.
Summary information on website.
Before the commissioner submits a
proposed collective bargaining agreement, arbitration award, or compensation plan to the
Legislative Coordinating Commission for review under section 3.855, the commissioner
must post on a state website a summary deleted text begin of the proposed agreement, award, or plan. The
summary must include the amount of and nature of proposed changes in employee
compensation, the estimated cost to the state of proposed changes in employee compensation,
and a description of proposed significant changes in policy. After approval of an agreement,
award, or plan by the Legislative Coordinating Commission, the commissioner must provide
a link from the commissioner's summary to the full text of the agreement, award, or plan.
The summary must remain on the website at least until the full legislature has approved the
agreement, award, or plan. This section also applies to agreements, awards, and plansdeleted text end
covering employees of the Minnesota State Colleges and Universities and to compensation
plans that must be submitted to the Legislative Coordinating Commission by other executive
appointing authorities. The Minnesota State Colleges and Universities and other executive
appointing authorities must submit information to the commissioner, at a time and in a
manner specified by the commissioner, so the commissioner can post information relating
to these appointing authorities on the web as required by this section.
Sec. 8. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2023 Supplement, section 3.855, subdivision 5,
new text end
new text begin
is repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: 24-05359
3.855 EMPLOYEE RELATIONS.
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 compensation plan under subdivision 2:
(1) for each agency and for each proposed plan, a comparison of biennial compensation costs under the current plan to the projected biennial compensation costs under the proposed plan, paid with funds appropriated from the general fund;
(2) for each agency and for each proposed plan, a comparison of biennial compensation costs under the current plan to the projected biennial compensation costs under the proposed plan, paid with funds appropriated from each fund other than the general fund;
(3) for each agency and for each proposed 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 plans being submitted to the commission.