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SF 908

as introduced - 89th Legislature (2015 - 2016) Posted on 08/26/2015 03:39pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to state government; requiring legislative approval of salaries for certain
executive branch officials; amending Minnesota Statutes 2014, sections 3.855,
subdivision 3; 15A.0815, subdivisions 1, 5.

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

Section 1.

Minnesota Statutes 2014, section 3.855, subdivision 3, is amended to read:


Subd. 3.

Other salaries and compensation plans.

The commission shall also:

(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 deleted text beginandeleted text endnew text begin the governor or othernew text end appointing authority deleted text beginother than the governordeleted text end 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. 2.

Minnesota Statutes 2014, section 15A.0815, subdivision 1, is amended to read:


Subdivision 1.

Salary limits.

The governor or other appropriate appointing
authority shall set the salary rates for positions listed in this section within the salary limits
listed in subdivisions 2 to 4. deleted text beginIf the appointing authority is not the governor,deleted text end The appointing
authority's action is subject to approval of the Legislative Coordinating Commission and
the legislature as provided by subdivision 5 and section 3.855.

Sec. 3.

Minnesota Statutes 2014, section 15A.0815, subdivision 5, is amended to read:


Subd. 5.

Determining individual salaries.

(a) deleted text beginWhendeleted text end The governor deleted text beginis thedeleted text endnew text begin or othernew text end
appointing authoritydeleted text begin, the governor must establish salariesdeleted text endnew text begin may submit to the Legislative
Coordinating Commission recommendations for salaries
new text end within the salary limits for the
positions listed in subdivisions 2 to 4. Before deleted text beginestablishingdeleted text endnew text begin recommendingnew text end a salary, the
governornew text begin or other appointing authoritynew text end must consult with the commissioner of management
and budget concerning the salary. In deleted text beginestablishing thedeleted text endnew text begin recommending anew text end salary, the governor
new text beginor other appointing authority new text endshall consider the criteria established in section 43A.18,
subdivision 8
, and the performance of individual incumbents. The performance evaluation
must include a review of an incumbent's progress toward attainment of affirmative action
goals. The governor new text beginor other appointing authority new text endshall establish an objective system for
quantifying knowledge, abilities, duties, responsibilities, and accountabilities, and in
determining recommendations rate each position by this system.

(b) deleted text beginAn appointing authority other than the governor may submit to the Legislative
Coordinating Commission recommendations for salaries within the salary limits for the
positions listed in subdivisions 2 to 4.
deleted text end

deleted text begin
Before submitting the recommendations, the appointing authority shall consult with
the commissioner of management and budget concerning the recommendations.
deleted text end

deleted text begin
In making recommendations, the appointing authority shall consider the criteria
established in section 43A.18, subdivision 8, and the performance of individual
incumbents. The performance evaluation must include a review of an incumbent's progress
toward attainment of affirmative action goals. The appointing authority shall establish
an objective system for quantifying knowledge, abilities, duties, responsibilities, and
accountabilities, and in determining recommendations, rate each position by this system.
deleted text end


Before the new text begingovernor or other new text endappointing authority's recommended salaries take
effect, the recommendations must be reviewed and approved, rejected, or modified
by the Legislative Coordinating Commission and the legislature under section 3.855,
subdivisions 2 and 3
.

(c) The governor or other appointing authority may propose additions or deletions of
positions from those listed in subdivisions 2 to 4.

(d) The governor or other appointing authority shall set the initial salary of a head
of a new agency or a chair of a new metropolitan board or commission whose salary
is not specifically prescribed by law after consultation with the commissioner, whose
recommendation is advisory only. The amount of the new salary must be comparable to the
salary of an agency head or commission chair having similar duties and responsibilities.

(e) The salary of a newly appointed head of an agency or chair of a metropolitan
agency listed in subdivisions 2 to 4 deleted text beginwho is appointed by someone other than the governor,deleted text end
may be increased or decreased by the new text begingovernor or other new text endappointing authority from the
salary previously set for that position within 30 days of the new appointment after
consultation with the commissioner. If the appointing authority increases a salary under
this paragraph, the appointing authority shall submit the new salary to the Legislative
Coordinating Commission and the full legislature for approval, modification, or rejection
under section 3.855, subdivisions 2 and 3.

deleted text begin (f) Within 30 days of approving a change in a salary for a position in subdivisions 2
to 4, the governor must inform the Legislative Coordinating Commission of the change
in salary and its effective date.
deleted text end