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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language


  

                         Laws of Minnesota 1983 

                        CHAPTER 299--S.F.No. 415
           An act relating to state government; providing for 
          salaries for constitutional officers, agency heads, 
          legislators, metropolitan agency heads, and certain 
          judicial positions; providing an expense allowance; 
          establishing a compensation council; limiting local 
          government salaries; prohibiting cash payments for 
          accumulated vacation pay; expanding the authority of 
          the commissioner of employee relations to set 
          salaries; requiring the governor to recommend certain 
          salaries; removing salary setting authority of certain 
          state agencies; removing additional compensation for 
          the career executive service; requiring the percentage 
          of women in the career executive service to be 
          increased; ratifying state and University of Minnesota 
          labor agreements, compensation plans, and plans for 
          early retirement incentives; appropriating money; 
          amending Minnesota Statutes 1982, sections 3.305; 
          3.855, subdivision 3; 3.922, subdivision 5; 15A.081, 
          subdivisions 1, 6, and 7, and by adding a subdivision; 
          15A.083, subdivisions 1, 2, and 4; 43A.17, subdivision 
          1, and by adding subdivisions; 43A.18, subdivisions 3, 
          4, and 5; 43A.21, by adding a subdivision; 105.71, 
          subdivision 2; 136.034; 136A.03; 179.741, subdivision 
          1, and by adding a subdivision; 244.09, subdivision 10;
          256.482, subdivision 2; 298.22, subdivision 1; 
          326.241, subdivision 2; 352.03, subdivision 4; 354.06, 
          subdivision 2; 484.68, subdivision 6; and Laws 1980, 
          chapter 564, article XII, section 1, subdivision 3; 
          proposing new law coded in Minnesota Statutes, chapter 
          15A; repealing Minnesota Statutes 1982, sections 
          16A.16; and 136A.035. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 3.305, is 
amended to read: 
    3.305 [LEGISLATIVE COORDINATING COMMISSION; BUDGET REVIEW.] 
    The administrative budget request of any statutory 
commission the majority of whose members are members of the 
legislature shall be submitted to the legislative coordinating 
commission for review and comment prior to submission to the 
finance committee of the senate and the appropriations committee 
of the house of representatives.  No such commission shall 
employ additional personnel or increase the compensation of any 
employee without first having received the recommendation of the 
legislative coordinating commission.  The commission shall 
establish the compensation of all employees of any statutory 
commission, except classified employees of the legislative audit 
commission, the majority of whose members are members of the 
legislature.  
    Sec. 2.  Minnesota Statutes 1982, section 3.855, 
subdivision 3, is amended to read: 
    Subd. 3.  [OTHER DUTIES.] In addition to the duties 
specified in subdivision 2, the commission shall perform the 
following: 
    (a) review and approve, reject, or modify a plan for 
compensation, terms and conditions of employment prepared and 
submitted by the commissioner of employee relations pursuant to 
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; 
    (b) review and approve, reject or modify a plan for total 
compensation and terms and conditions of employment for 
employees of those positions identified as being managerial 
pursuant to section 43A.18, subdivision 3, whose salaries and 
benefits are not otherwise provided for in law or other plans 
established under chapter 43A.;  
    (c) review and approve, reject or modify recommendations 
for salaries submitted by the governor pursuant to section 
43A.18, subdivision 5, covering agency head positions listed in 
section 15A.081;  
    (c) (d) continually monitor the state's civil service 
system as provided for in chapter 43A, rules of the commissioner 
of employee relations and the collective bargaining process as 
provided for in sections 179.61 to 179.76, as applied to state 
employees; 
    (d) (e) research and analyze the need for improvements in 
those statutory sections; 
    (e) (f) adopt rules not inconsistent with this section 
relating to the scheduling and conduct of commission business 
and other organizational and procedural matters; 
    (f) Research and analyze insurance programs currently 
available to teachers and other public school employees in 
Minnesota and report to the legislature by December 1, 1982. The 
report shall include a summary of insurance benefit levels and 
costs, including health, dental, life and disability insurance; 
differences in the cost of providing like benefits in different 
regions of the state and in school districts of different sizes; 
and recommendations on the feasibility of providing a uniform 
coverage insurance program to all school districts in Minnesota; 
and 
    (g) perform such other related functions as are delegated 
to it by the legislature. 
    Sec. 3.  Minnesota Statutes 1982, section 3.922, 
subdivision 5, is amended to read: 
    Subd. 5.  [OFFICERS, PERSONNEL.] The board shall annually 
elect a chairman and such other officers as it may deem 
necessary.  The chairman shall have the authority to appoint 
subcommittees necessary to fulfill the duties of the board.  It 
shall also employ, and prescribe the duties of such clerks, 
employees, and agents as it deems necessary.  The compensation 
of the executive director of the board shall be as provided by 
section 43A.18.  The chairman shall be an ex officio member of 
the state board of human rights.  The appropriations and other 
funds of this board are subject to the provisions of chapter 16. 
The board shall maintain its primary office in Bemidji and shall 
also maintain personnel and office space in St. Paul. 
    Sec. 4.  Minnesota Statutes 1982, section 15A.081, 
subdivision 1, is amended to read: 
    Subdivision 1.  The following salaries or salary ranges are 
provided for the below listed employees in the executive branch 
of government governor shall set the salary rate within the 
ranges listed below for positions specified in this subdivision, 
upon approval of the legislative commission on employee 
relations and the legislature as provided by section 43A.18, 
subdivisions 2 and 5: 
                                       Salary or Range
                                  Effective  Effective Effective 
                                    July 1,    July 1,  July 1, 
                                     1979       1980     1981 
 Administration,
  department of
     commissioner                   $44,000    $47,000
 Administrative hearings
 office
    chief hearing
    examiner                         38,000     40,000
 Agriculture,
  department of
     commissioner                    38,000     40,000
 Commerce,
   department of
     commissioner of
     banks                           34,000     36,500
     commissioner of
     insurance                       34,000     36,500
     commissioner of
     securities and real estate      34,000     36,500
     director of
     consumer services               28,000     30,000
 Community college
  system
     chancellor                      44,000     46,000
 Corrections,
  department of
     commissioner                    42,000     45,000
     ombudsman                       33,000     35,000
 Economic security,
  department of
    commissioner                     43,000     45,000
 Education,
  department of
    commissioner                     43,000     45,000
 Energy, planning and 
   development 
   department of 
     commissioner                                        46,000
 Finance, department of
    commissioner                     48,000     50,000
 Health, department of
    commissioner                     47,000     49,000
 Higher education
  coordinating board
    executive director               40,000     42,000
 Housing finance agency
    executive director               39,000     41,000
 Human rights,
   department of
     commissioner                    31,000     33,000
 Indian affairs board
     executive director              27,000     29,000
 Iron range resources
  and rehabilitation
   board
     commissioner                    30,000     31,000
 Labor and industry,
   department of
     commissioner                    38,000     40,000
     judge of the
      workers'
      compensation
      court of appeals               38,000     40,000
 Mediation services,
   bureau of
      director                        36,000     38,000
 Natural resources,
  department of
     commissioner                    44,000     47,000
 Personnel,
  department of
     commissioner                    44,000     47,000
 Pollution control
  agency
     director                        38,000     40,000
 Public safety,
  department of
      commissioner                    38,000     41,000
 Public service,
  department of
     commissioner,
     public utilities
     commission                      34,000     36,000
     director                        34,000     36,000
 Public welfare,
  department of
     commissioner                    44,000     48,000
 Revenue,
   department of
     commissioner                    44,000     47,000
 State university
  system
     chancellor                      44,000     46,000
 Transportation,
  department of
     commissioner                    44,000     48,000
Transportation,
   regulation board,
     board member                               32,000
 Veterans affairs,
   department of
      commissioner                   31,000     33,000
                                                Salary Range 
                                                  Effective 
                                                July 1, 1983 
Commissioner of education;                   $57,500-$70,000 
Commissioner of finance; 
Commissioner of transportation; 
Commissioner of public welfare; 
Chancellor, community college system; 
Chancellor, state university system; 
Director, vocational technical
  education
Executive director, state board of 
  investment; 
Commissioner of administration;              $50,000-$60,000 
Commissioner of agriculture; 
Commissioner of commerce;
Commissioner of corrections;  
Commissioner of economic security;  
Commissioner of employee relations;  
Commissioner of energy and economic 
  development;  
Commissioner of health;  
Commissioner of labor and industry;  
Commissioner of natural resources;  
Commissioner of revenue;
Commissioner of public safety;  
Chief hearing examiner; office of
  administrative hearings;
Director, pollution control agency;
Director, state planning agency;
Executive director, higher education  
  coordinating board;  
Executive director, housing finance 
  agency;  
Executive director, teacher's 
  retirement association;  
Executive director, state retirement  
  system;
Commissioner of human rights;                $40,000-$52,500
Director, department of public service; 
Commissioner of veterans' affairs; 
Executive director, educational 
  computing consortium; 
Executive director, environmental 
  quality board; 
Director, bureau of mediation services; 
Commissioner, public utilities commission; 
Member, transportation regulation board; 
Chairperson, waste management board; 
Director, zoological gardens.
    Sec. 5.  Minnesota Statutes 1982, section 15A.081, 
subdivision 6, is amended to read: 
    Subd. 6.  The following salaries are provided for the 
constitutional officers of the state:  
                       Effective      Effective      Effective
                        July 1,        July 1,         July 1
                         1979           1980            1983
Governor               $62,000        $66,500         $75,000
Attorney general        52,500         56,000          62,500
Lieutenant governor     38,000         40,000          44,000
Auditor                 34,000         36,000          48,000
Secretary of state      34,000         36,000          44,000
Treasurer               34,000         36,000          44,000
    The salaries of the chief deputy attorney general, deputy 
auditor, deputy secretary of state and deputy treasurer shall be 
set by their superior constitutional officer and may be up to 95 
percent of the salaries of their respective superior 
constitutional officers. 
    Sec. 6.  Minnesota Statutes 1982, section 15A.081, 
subdivision 7, is amended to read: 
    Subd. 7.  The following salaries are provided for officers 
of metropolitan agencies: 
                             Effective Effective 
                              July 1,   July 1, 
                               1979      1980 
Chairman, metropolitan 
  council 
    (part-time)               $21,000   $22,500 
    (full-time)                42,000    44,500 
Chairman, metropolitan 
  airports commission          10,500    11,500 
Chairman, metropolitan 
  transit commission 
    (part-time)                18,000    19,000 
    (full-time)                36,000    38,000 
Chairman, metropolitan
  waste control  
  commission                   16,000    17,000 
                            Effective        Effective 
                             July 1           July 1 
                              1983             1984  
Chairman, metropolitan 
  council                    $47,000          50,000 
Chairman, metropolitan 
  airports commission         14,000          16,000 
Chairman, metropolitan 
  transit commission          42,000          46,000 
Chairman, metropolitan 
  waste contol 
  commission                  18,500          20,000 
    Fringe benefits for unclassified employees of the 
metropolitan waste control commission shall not exceed those 
fringe benefits received by unclassified employees of the 
metropolitan council.  
    Sec. 7.  Minnesota Statutes 1982, section 15A.081, is 
amended by adding a subdivision to read: 
    Subd. 8.  [EXPENSE ALLOWANCE.] Notwithstanding any law to 
the contrary, positions listed in subdivision 1, constitutional 
officers, the president of each community college, and the 
director of vocational-technical education are authorized an 
annual expense allowance not to exceed $1,500 for necessary 
expenses in the normal performance of their duties for which no 
other reimbursement is provided.  However, expense allowances 
for the chancellor of the state university system and the 
president of each state university shall be governed only by 
section 136.063.  The expenditures under this subdivision are 
subject to any laws and rules relating to budgeting, allotment 
and encumbrance, preaudit and post-audit.  The commissioner of 
finance may promulgate rules to assure the proper expenditure of 
these funds, and to provide for reimbursement.  
    Sec. 8.  [15A.082] [COMPENSATION COUNCIL.] 
    Subdivision 1.  [CREATION.] A compensation council is 
created to assist the legislature in establishing the 
compensation of constitutional officers, members of the 
Minnesota legislature, justices of the supreme court, and judges 
of the court of appeals, district court, county court, and 
county municipal court.  
    Subd. 2.  [MEMBERSHIP.] The compensation council consists 
of 16 members:  two members of the house of representatives 
appointed by the speaker of the house of representatives; two 
members of the senate appointed by the majority leader of the 
senate; one member of the house of representatives appointed by 
the minority leader of the house of representatives; one member 
of the senate appointed by the minority leader of the senate; 
two nonjudges appointed by and serving at the pleasure of the 
chief justice of the supreme court; and one member from each 
congressional district appointed by and serving at the pleasure 
of the governor, of whom no more than four may belong to the 
same political party.  The compensation and removal of members 
appointed by the governor or the chief justice shall be as 
provided in section 15.059, subdivisions 3 and 4.  The 
legislative coordinating commission shall provide the council 
with administrative and support services.  
    Subd. 3.  [SUBMISSION OF PLAN.] By January 1, 1984, the 
compensation council shall submit to the speaker of the house of 
representatives and the president of the senate recommended 
salary plans for constitutional officers, legislators, justices 
of the supreme court, and judges of the court of appeals, 
district court, county court, and county municipal court. Unless 
the plans for constitutional officers and legislators are 
expressly modified or rejected in a bill passed by the 
legislature and signed by the governor, the salary plans shall 
take effect on January 1, 1985 if prior to that date an 
appropriation of funds to pay salaries as recommended in the 
plan is enacted.  Unless the plan for judges is expressly 
modified or rejected in a bill passed by the legislature, the 
plan shall take effect on July 1, 1984, if the legislature 
appropriates funds to pay the salaries proposed in the plan. The 
salary plan for legislators shall be subject to additional terms 
that may be adopted according to section 3.099, subdivisions 1 
and 3.  
    Subd. 4.  [CRITERIA.] In making compensation 
recommendations, the council shall consider the amount of 
compensation paid in government service and the private sector 
to persons with similar qualifications, the amount of 
compensation needed to attract and retain experienced and 
competent persons, and the ability of the state to pay the 
recommended compensation.  In making recommendations for 
legislative compensation, the council shall also consider the 
average length of a legislative session, the amount of work 
required of legislators during interim periods, and 
opportunities to earn income from other sources without 
neglecting legislative duties.  
    Subd. 5.  [CONFLICTS.] Salaries established by the 
legislature under the procedures specified in subdivision 3 
shall take precedence over salaries listed in Minnesota 
Statutes, sections 3.099, 15A.081, and 15A.083 in the event of 
conflict.  
    Subd. 6.  [EXPIRATION.] The compensation council shall 
expire on June 30, 1984.  
    Sec. 9.  Minnesota Statutes 1982, section 15A.083, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ELECTIVE JUDICIAL OFFICERS.] The following 
salaries shall be paid annually to the enumerated elective 
judicial officers of the state: 
                             Effective  Effective  Effective
                              July 1,    July 1,    July 1,
                               1979       1980       1984
                                1983 
(1) Chief justice of the   
     supreme court           $56,000    $59,000 
                             $70,000  
(2) Associate justice of 
     the supreme court        52,500     56,000 
                              65,000 
(3) Chief judge of the 
     court of appeals         62,500 
(4) Judge of the 
     court of appeals         60,000 
(3) (5) District judge, 
     judge of county court 
     (learned in the law), 
     probate court, and
     county municipal court   45,000     48,000 
                              55,000                      
(4) Judge of a county court 
     (not learned in the 
     law)                     29,500     31,500 
    Sec. 10.  Minnesota Statutes 1982, section 15A.083, 
subdivision 2, is amended to read: 
    Subd. 2.  [COUNTY COURT AND COUNTY MUNICIPAL JUDGES.] (1) 
Notwithstanding any other law to the contrary, the salary paid 
to a judge of a county court shall also be paid to judges of the 
probate court of St. Louis county and to judges of the Duluth 
municipal court.  
    (2) Judges of the county municipal courts, and county 
courts in the counties of Hennepin, Ramsey, Washington, Anoka, 
Scott, St. Louis, Carver and Dakota shall receive a salary of 
$45,000, effective July 1, 1979, and $48,000, effective July 1, 
1980.  
    (3) If any judge enumerated in this subdivision of the 
county municipal courts, and county courts in the counties of 
Hennepin, Ramsey, Washington, Anoka, Scott, St. Louis, Carver, 
and Dakota or the county or probate court in St. Louis county 
dies while in office, the amount of his salary remaining unpaid 
for the month in which his death occurs, shall be paid to his 
estate. 
    Sec. 11.  Minnesota Statutes 1982, section 15A.083, 
subdivision 4, is amended to read: 
    Subd. 4.  [RANGES FOR OTHER JUDICIAL POSITIONS.] Salaries 
or salary ranges are provided for the following positions in the 
judicial branch of government.  The appointing authority of any 
position for which a salary range has been provided shall fix 
the individual salary within the prescribed range, considering 
the qualifications and overall performance of the employee.  
Appointments to fill vacancies shall not be made above the 
midpoint of the salary range prescribed for the position unless 
the state court administrator has been consulted in advance and 
his approval obtained.  Any salary increase that would adjust an 
employee's rate of pay beyond the midpoint of the range 
prescribed for the position must be approved in advance by the 
state court administrator.  The salaries of the district 
administrators of the second, fourth, and sixth judicial 
districts may be supplemented by the appropriate county board in 
an amount not to exceed $10,000 per year.  The salary of the 
state public defender shall be 95 percent of the salary of the 
attorney general.  
                                          Salary or Range
                               Effective  Effective  Effective 
                                July 1,    July 1,    July 1, 
                                 1979       1980       1983 
Public defender                $37,500    $40,000  
District court 
    administrator        27,000-37,500 28,500-40,000 
                                                  36,000-48,000
County attorneys
  council
    executive
    director             22,000-32,000 23,500-34,000
Board on judicial
  standards
    executive director          36,000     38,000 
                                                  32,000-44,000
State court
    administrator               44,500     47,000 
                                                  45,500-54,000
    Sec. 12.  Minnesota Statutes 1982, section 43A.17, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SALARY LIMITS.] As used in this section, 
"salary" means hourly, monthly, or annual rate of pay including 
any lump-sum payments and cost-of-living adjustment increases 
but excluding payments due to overtime worked, shift or 
equipment differentials, work out of class as required by 
collective bargaining agreements or plans established pursuant 
to section 43A.18, and back pay on reallocation or other 
payments related to the hours or conditions under which work is 
performed rather than to the salary range or rate to which a 
class is assigned.  
    The salary, as established in section 15A.081, of the head 
of a state agency in the executive branch is the upper limit of 
compensation in the agency.  The salary of the commissioner of 
labor and industry is the upper limit of compensation of 
employees in the bureau of mediation services.  However, if an 
agency head is assigned a salary that is lower than the current 
salary of another agency employee, the employee shall retain the 
salary, but shall not receive any increase in salary as long as 
the salary is above that of the agency head.  The commissioner 
may grant exemptions from these upper limits as provided in 
subdivisions 3 and 4.  
    Sec. 13.  Minnesota Statutes 1982, section 43A.17, is 
amended by adding a subdivision to read: 
    Subd. 8.  [ACCUMULATED VACATION LEAVE.] The commissioner of 
employee relations shall not agree to a collective bargaining 
agreement or recommend a compensation plan pursuant to section 
43A.18, subdivisions 1, 2, 3, and 4, nor shall an arbitrator 
issue an award under sections 179.61 to 179.76, if the 
compensation plan, agreement, or award permits an employee to 
convert accumulated vacation leave into cash or deferred 
compensation before separation from state service.  
    Sec. 14.  Minnesota Statutes 1982, section 43A.17, is 
amended by adding a subdivision to read: 
    Subd. 9.  [POLITICAL SUBDIVISION SALARY LIMIT.] The salary 
of a person employed by a statutory or home rule charter city, 
county, town, school district, metropolitan or regional agency, 
or other political subdivision of this state, or employed 
pursuant to section 422A.03, may not exceed 95 percent of the 
salary of the governor, except as provided in this subdivision. 
The salary of a medical doctor occupying a position that the 
governing body of the political subdivision has determined 
requires an M.D. degree is excluded from the limitation in this 
subdivision.  The commissioner may increase the limitation in 
this subdivision for a position that the commissioner has 
determined requires special expertise necessitating a higher 
salary to attract or retain a qualified person.  The 
commissioner shall review each proposed increase giving due 
consideration to salary rates paid to other persons with similar 
responsibilities in the state.  The commissioner may not 
increase the limitation until the commissioner has presented the 
proposed increase to the legislative commission on employee 
relations and received the commission's recommendation on it. 
The recommendation is advisory only.  
    Sec. 15.  Minnesota Statutes 1982, section 43A.18, 
subdivision 3, is amended to read: 
    Subd. 3.  [MANAGERIAL PLAN.] The commissioner shall 
identify individual positions or groups of positions in the 
classified and unclassified service, except those listed in 
subdivision 4, in the executive branch as being managerial.  The 
list shall not include positions listed in subdivision 4.  The 
commissioner shall annually submit the listing of positions to 
the chairperson of the legislative commission on employee 
relations for the commission's review and comment, and shall 
note on each listing the changes from the prior year.  
    (a) The commissioner shall periodically prepare a plan for 
training and development, mobility, 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 chapter 43A.  The plan shall include a career executive 
service to provide a system for identifying, developing and 
recognizing key individuals who occupy managerial positions in 
the classified service.  Before becoming effective those 
portions of the plan establishing compensation and terms and 
conditions of employment shall be reviewed and approved or 
modified by the legislative commission on employee relations and 
the legislature in the same manner as provided for the 
commissioner's plan in subdivision 2.  
    (b) Incumbents of managerial positions as identified under 
this subdivision shall be excluded from any bargaining units 
under the provisions of chapter 179. 
    (c) The management compensation plan shall provide methods 
and levels of compensation for managers that will be generally 
comparable to those applicable to managers in other public and 
private employment.  Provisions of the plan shall ensure that 
compensation within assigned salary ranges is related to level 
of performance.  The plan shall 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.081, subdivision 1, and to constitutional officers, 
judges of the workers' compensation court of appeals, and tax 
court judges.  
    (d) The management plan shall include total compensation 
for individuals appointed to the career executive service. 
Salaries established under this plan shall be limited to 120 
percent of the maximum of the salary range for the employee's 
job classification in the classified service.  
    (e) No rights or tenure shall attach to a career executive 
service assignment.  An incumbent in the career executive 
service may be removed from the career executive service by the 
appointing authority, provided the action is made without regard 
to sex, race, religion, color, creed, marital status, age, 
national origin, disability, status with regard to public 
assistance or political affiliation.  An employee removed from 
the career executive service shall receive compensation at the 
level formerly received plus any increases the employee would 
have received had the employee not been appointed to the career 
executive service.  
    An employee who is in the career executive service on July 
1, 1981 and whose position, as a result of Laws 1981, Chapter 
210, is no longer eligible for inclusion in the career executive 
service is nonetheless eligible to remain a member of the career 
executive service in accordance with the provisions of this 
section so long as the employee remains in that position.  
    Sec. 16.  Minnesota Statutes 1982, section 43A.18, 
subdivision 4, is amended to read: 
    Subd. 4.  [PLANS NOT ESTABLISHED BUT APPROVED BY 
COMMISSIONER.] Notwithstanding any other law to the contrary, 
total compensation for employees listed in this subdivision 
shall be set by appointing authorities subject to the following 
limitations:  
    (a) Total compensation paid pursuant to this subdivision 
shall be within the limits of compensation plans which shall 
that have been approved by the commissioner before becoming 
effective;.  
    (b) (a) Total compensation for employees who are not 
covered by a collective bargaining agreement in the offices of 
the governor, attorney general, secretary of state, state 
auditor and state treasurer shall be determined by the governor, 
attorney general, secretary of state, state auditor and state 
treasurer, respectively;.  
    (c) Total compensation for unclassified employees of the 
state board of investment shall be determined by the state board 
of investment;  
    (d) (b) Total compensation for unclassified positions 
pursuant to section 43A.08, subdivision 1, clause (h) and in the 
higher education coordinating board shall be determined by the 
state university board, the state board for community colleges, 
and the higher education coordinating board, respectively; and.  
    (e) (c) Total compensation for classified hearing examiners 
in the office of administrative hearings shall be determined by 
the chief hearing examiner. 
    Sec. 17.  Minnesota Statutes 1982, section 43A.18, 
subdivision 5, is amended to read: 
    Subd. 5.  [GOVERNOR TO SET RECOMMEND CERTAIN SALARIES.] The 
governor shall, on or before January 31 July 1 of each odd 
numbered year, submit to the legislative commission on employee 
relations recommendations for salaries within the salary range 
for the positions listed in sections section 15A.081, 
subdivision 1 and 15A.083.  The governor may also propose 
additions or deletions of positions from those listed.  
    (a) Before submitting the recommendations, the governor 
shall consult with the commissioner of administration, the 
commissioner of finance, and the commissioner of employee 
relations concerning the recommendations.  Before submitting 
recommendations for an employee in the office of a 
constitutional officer, the governor shall consult with the 
constitutional officer concerning the recommendations and shall 
give due consideration to the advice of the officer;  
    (b) Except for positions for which salary ranges have been 
established, the recommendations shall contain a specific salary 
for each position listed in sections 15A.081 and 15A.083.  The 
governor shall determine only a fixed salary for the positions 
of the constitutional officers, the judges of the workers' 
compensation court of appeals and the commissioner of public 
service;  
    (c) (b) In making recommendations, the governor shall 
consider only those criteria established in subdivision 7 8 and 
shall not take into account performance of individual 
incumbents.  The governor shall establish an objective system 
for quantifying knowledge, abilities, duties, responsibilities 
and accountabilities and in determining recommendations rate 
each position by this system; and.  
    (c) Before the governor's recommended salaries take effect, 
the recommendations shall be reviewed and approved, rejected or 
modified by the legislative commission on employee relations and 
the legislature in the same manner as provided for the 
commissioner's plan in subdivision 2.  The governor may also at 
any time propose changes in the salary rate of any positions 
covered by this subdivision, which shall be submitted and 
approved in the same manner as provided in this subdivision.  
    (d) The initial salary of a head of an agency hereafter 
established whose salary is not specifically prescribed by law 
shall be fixed by the governor, after consultation with the 
commissioner, whose recommendation shall be advisory only, in an 
amount comparable to the salary of an agency head having similar 
duties and responsibilities.  
    Sec. 18.  Minnesota Statutes 1982, section 43A.21, is 
amended by adding a subdivision to read: 
    Subd. 5.  [CAREER EXECUTIVE SERVICE.] (a) The commissioner 
shall designate persons in the classified service as eligible 
for inclusion in the career executive service.  By January 1, 
1985, at least 20 percent of the persons designated for 
inclusion in the career executive service must be women.  By 
January 1, 1987, at least 40 percent of the persons designated 
for inclusion in the career executive service must be women. The 
positions shall include those that carry basic responsibilities 
for high level professional or scientific competence, policy 
determination, leadership, or the internal management and 
administration of a department or other major unit.  
    (b) The commissioner shall prepare a plan for training, 
development, and mobility of career executive service members 
consistent with applicable provisions of collective bargaining 
agreements.  The plan need not be adopted in accordance with the 
rulemaking provisions of chapter 14.  The career executive 
service plan shall not contain additional compensation for 
members.  
    (c) No rights or tenure attach to a career executive 
service assignment.  An incumbent in the career executive 
service may be removed from the service by the appointing 
authority, provided the action is made without regard to sex, 
race, religion, color, creed, marital status, age, national 
origin, disability, or political affiliation.  
    (d) An employee in career executive service on July 1, 
1983, who is receiving compensation at a level beyond the 
maximum of the assigned salary range shall continue to receive 
that rate of pay until the rate is within the assigned salary 
range.  
    Sec. 19.  Minnesota Statutes 1982, section 105.71, 
subdivision 2, is amended to read: 
    Subd. 2.  The state board may employ such technical and 
professional personnel and such other agents and employees, 
permanent or temporary, as it may require, and shall determine 
their qualifications, and duties, and.  Compensation of 
employees shall be determined pursuant to chapter 43A.  It shall 
have authority to prescribe the powers and duties of its 
officers and employees. 
    Upon request of the board for the purpose of carrying out 
any of its functions, the supervising officer of any state 
agency, or any state institution of learning, shall, insofar as 
it may be possible under available appropriations, and having 
due regard to the needs of the agency to which the request is 
directed, assign or detail to the state board from the staff or 
personnel of the agency or institution of learning, and make 
such special reports, surveys or studies as the state board may 
request. 
    Sec. 20.  Minnesota Statutes 1982, section 136.034, is 
amended to read: 
    136.034 [STATE UNIVERSITY SYSTEM; EXECUTIVE SALARIES.] 
    Notwithstanding the provisions of chapters 15A and 43 
chapter 43A, the state university board may establish executive 
salaries within the state university system, except for the 
salary of the chancellor, in accordance with a management 
compensation plan based on the level of responsibility and 
authority of various positions as well as appropriate market 
comparisons with similar positions in comparable public colleges 
and universities in the midwest. 
    The salary of the chancellor, which shall be established 
pursuant to section 15A.081, subdivision 1, is the upper limit 
of compensation for all other positions in the state university 
system. 
    The state university board shall survey compensation levels 
in comparable public colleges and universities in the midwest 
during the 1979-81 biennium and report necessary adjustments in 
the above level of compensation to the governor and legislature 
as part of its 1981-83 biennial budget request. 
    Sec. 21.  Minnesota Statutes 1982, section 136A.03, is 
amended to read: 
    136A.03 [EXECUTIVE OFFICERS; EMPLOYEES.] 
    The higher education coordinating board may appoint an 
executive secretary or director as its principal executive 
officer, and such other officers and employees as it may deem 
necessary to carry out its duties.  The executive secretary or 
director shall possess such powers and perform such duties as 
are delegated to him and shall serve in the unclassified service 
of the state civil service.  The salary of the executive 
director shall be established pursuant to section 15A.081, 
subdivision 1.  He shall be a person qualified by training and 
ability in the field of higher education or in educational 
administration.  The board may also appoint other officers and 
professional employees who shall serve in the unclassified 
service of the state civil service and fix the salaries thereof 
which shall be commensurate with salaries in the classified 
service, and shall also fix the salary of its principal 
executive officer.  All other employees shall be in the 
classified civil service.  
    An officer or professional employee in the unclassified 
service as provided in this section is a person who has studied 
higher education or a related field at the graduate level or has 
similar experience and who is qualified for a career in some 
aspect of higher education and for activities in keeping with 
the planning and administrative responsibilities of the board 
and who is appointed to assume responsibility for administration 
of educational programs or research in matters of higher 
education. 
    Sec. 22.  Minnesota Statutes 1982, section 179.741, 
subdivision 1, is amended to read: 
    Subdivision 1.  [STATE EMPLOYEES.] Subject to the 
provisions of section 179.742, subdivision 5, all appropriate 
units of state employees certified as of April 25, 1980 are 
abolished.  The following shall be the appropriate units of 
executive branch state employees for the purposes of sections 
179.61 to 179.76.  All units shall exclude employees excluded by 
section 179.74, subdivision 4 and supervisory employees shall 
only be assigned to units 12 and 16.  Unclassified employees, 
unless otherwise excluded, are included within the units which 
include the classifications to which they are assigned for 
purposes of compensation.  No additional units of executive 
branch state employees shall be recognized for the purpose of 
meeting and negotiating. 
    (1) Law enforcement unit.  This unit shall consist of all 
sworn state patrol personnel, all uniformed conservation 
officers, and all criminal apprehension agents. 
    (2) Craft, maintenance, and labor unit.  This unit shall 
consist of those classifications assigned to this unit in the 
unit composition schedule adopted by the legislative commission 
on employee relations on March 24, 1980, as amended through June 
16, 1981 May 4, 1982. 
    (3) Service unit.  This unit shall consist of those 
classifications assigned to this unit in the unit composition 
schedule adopted by the legislative commission on employee 
relations on March 24, 1980, as amended through June 16, 1981 
May 4, 1982. 
    (4) Health care nonprofessional unit.  This unit shall 
consist of those classifications assigned to this unit in the 
unit composition schedule adopted by the legislative commission 
on employee relations on March 24, 1980, as amended through June 
16, 1981 May 4, 1982. 
    (5) Health care professional unit.  This unit shall consist 
of all positions which are required to be filled by registered 
nurses. 
    (6) Clerical and office unit.  This unit shall consist of 
those classifications assigned to this unit in the unit 
composition schedule adopted by the legislative commission on 
employee relations on March 24, 1980, as amended through June 
16, 1981 May 4, 1982. 
    (7) Technical unit.  This unit shall consist of those 
classifications assigned to this unit in the unit composition 
schedule adopted by the legislative commission on employee 
relations on March 24, 1980, as amended through June 16, 1981 
May 4, 1982. 
    (8) Correctional Guards unit.  This unit shall consist of 
those classifications assigned to this unit in the unit 
composition schedule adopted by the legislative commission on 
employee relations on March 24, 1980, as amended through June 
16, 1981 May 4, 1982. 
    (9) State university instructional unit.  This unit shall 
consist of those positions assigned to this unit in the unit 
composition schedule adopted by the legislative commission on 
employee relations on March 24, 1980, as amended through June 
16, 1981 May 4, 1982. 
    (10) Community college instructional unit.  This unit shall 
consist of those positions assigned to this unit in the unit 
composition schedule adopted by the legislative commission on 
employee relations on March 24, 1980, as amended through June 
16, 1981 May 4, 1982. 
    (11) State university administrative unit.  This unit shall 
consist of those positions assigned to this unit in the unit 
composition schedule adopted by the legislative commission on 
employee relations on March 24, 1980, as amended through June 
16, 1981 May 4, 1982. 
    (12) Professional engineering supervisory unit.  This unit 
shall consist of those classifications assigned to this unit in 
the unit composition schedule adopted by the legislative 
commission on employee relations on March 24, 1980, as amended 
through June 16, 1981 May 4, 1982. 
    (13) Health treatment unit.  This unit shall consist of 
those classifications assigned to this unit in the unit 
composition schedule adopted by the legislative commission on 
employee relations on March 24, 1980, as amended through June 
16, 1981 May 4, 1982. 
    (14) General professional unit.  This unit shall consist of 
those classifications assigned to this unit in the unit 
composition schedule adopted by the legislative commission on 
employee relations on March 24, 1980, as amended through June 
16, 1981 May 4, 1982. 
    (15) Professional state residential instructional unit.  
This unit shall consist of those classifications assigned to 
this unit in the unit composition schedule adopted by the 
legislative commission on employee relations on March 24, 1980, 
as amended through June 16, 1981 May 4, 1982. 
    (16) Supervisory employees unit.  This unit shall consist 
of those positions assigned to this unit in the unit composition 
schedule adopted by the legislative commission on employee 
relations on March 24, 1980, as amended through June 16, 1981 
May 4, 1982. 
    Sec. 23.  Minnesota Statutes 1982, section 179.741, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [UNIT 12 EMPLOYEES.] Notwithstanding the changes 
made in the composition of unit 12 by this act, employees in 
unit 12 shall continue to be treated as supervisory employees 
for purposes of the right to strike and for purposes of interest 
arbitration.  
    Sec. 24.  Minnesota Statutes 1982, section 244.09, 
subdivision 10, is amended to read: 
    Subd. 10.  The commission may select and employ a research 
director who shall perform the duties the commission directs, 
including the hiring of any clerical help and other employees as 
the commission shall approve.  The research director and other 
staff shall be in the unclassified service of the state and 
their salary compensation shall be established by the commission 
pursuant to chapter 43A.  They shall be reimbursed for the 
expenses necessarily incurred in the performance of their 
official duties in the same manner as other state employees. 
    Sec. 25.  Minnesota Statutes 1982, section 256.482, 
subdivision 2, is amended to read: 
    Subd. 2.  [EXECUTIVE DIRECTOR; STAFF.] The council may 
select an executive director of the council by a vote of a 
majority of all council members.  The executive director shall 
be in the unclassified service of the state and shall act as 
secretary to the council and shall perform such other duties as 
the council may require of him.  The council shall approve 
employment of such clerical help and other employees as are 
necessary, upon the recommendation of the executive director.  
Salaries The salary for the executive director and staff shall 
be established in the manner prescribed by chapter 15A, and 
pursuant to chapter 43A.  The executive director shall be 
reimbursed for all actual and necessary expenses incurred as a 
result of his council responsibilities. 
    Sec. 26.  Minnesota Statutes 1982, section 298.22, 
subdivision 1, is amended to read: 
    Subdivision 1.  (1) The office of commissioner of iron 
range resources and rehabilitation is created.  The commissioner 
shall be appointed by the governor under the provisions of 
section 15.06. 
    (2) The commissioner may hold such other positions or 
appointments as are not incompatible with his duties as 
commissioner of iron range resources and rehabilitation.  The 
commissioner may appoint a deputy commissioner.  All expenses of 
the commissioner, including the payment of such assistance as 
may be necessary, shall be paid out of the amounts appropriated 
by section 298.28, subdivision 1.  The compensation of the 
commissioner shall be set by the legislative coordinating 
commission.  
    (3) When the commissioner shall determine that distress and 
unemployment exists or may exist in the future in any county by 
reason of the removal of natural resources or a possibly limited 
use thereof in the future and the decrease in employment 
resulting therefrom, now or hereafter, he may use such amounts 
of the appropriation made to him in section 298.28, subdivision 
1 as he may determine to be necessary and proper in the 
development of the remaining resources of said county and in the 
vocational training and rehabilitation of its residents.  For 
the purposes of this section, "development of remaining 
resources" includes, but is not limited to, the promotion of 
tourism. 
    Sec. 27.  Minnesota Statutes 1982, section 326.241, 
subdivision 2, is amended to read: 
    Subd. 2.  [POWERS.] The board shall have power to: 
    (1) Elect its own officers; 
    (2) Engage and fix the compensation of such officers, 
inspectors, and hire employees as it may see fit.  The salary of 
the executive secretary shall be established pursuant to chapter 
43A.  All agents and employees other than contract inspectors 
shall be in the classified service and shall be compensated 
pursuant to chapter 43A.  All inspectors shall hold licenses as 
master or journeyman electricians under section 326.242, 
subdivision 1(1) or subdivision 2(1), and shall give bond in an 
amount fixed by the board, conditioned upon the faithful 
performance of their duties. 
    (3) To pay such other expenses as it may deem necessary in 
the performance of its duties, including rent, supplies, and 
such like. 
    (4) To enforce the provisions of Laws 1967, chapter 602, 
and provide, upon request, such additional voluntary inspections 
and reviews as it may deem appropriate. 
    (5) To issue, renew, refuse to renew, suspend and revoke 
licenses provided for in Laws 1967, chapter 602. 
    (6) To adopt reasonable rules to carry out its duties under 
Laws 1967, chapter 602 and to provide for the amount and 
collection of fees for inspection and other services.  All rules 
shall be adopted in accordance with chapter 14. 
    Sec. 28.  Minnesota Statutes 1982, section 352.03, 
subdivision 4, is amended to read: 
    Subd. 4.  [DUTIES AND POWERS OF BOARD OF DIRECTORS.] It is 
the duty of the board and it has power to: 
    (1) Elect a chairman; 
    (2) Appoint an executive director; 
    (3) Fix the compensation of the executive director and the 
assistant executive director;  
    (4) (3) Establish rules and regulations for the 
administration of the provisions of chapters 3A, 352, 352B, 
352C, 352D and 490 and transaction of the business of the 
system, all subject to the limitations of said chapter and the 
law; 
    (5) (4) Consider and dispose of, or take such other action 
as the board of directors deems appropriate concerning denials 
of applications for annuities or disability benefits under this 
chapter, and complaints of employees and others pertaining to 
the retirement of employees and the operation of the system; 
    (6) (5) Advise the director on any matters relating to the 
system and the carrying out of the functions and purposes of 
said chapter, which advice shall be controlling; and 
    The director and assistant director shall be in the 
unclassified service but appointees may be selected from civil 
service lists if it is desired to do so.  The salary of the 
executive director shall be as provided by section 15A.081, 
subdivision 1.  The salary of the assistant director shall be 
set in accordance with section 43A.18, subdivision 3.  
    Sec. 29.  Minnesota Statutes 1982, section 354.06, 
subdivision 2, is amended to read: 
    Subd. 2.  The board shall annually elect one of its members 
as president.  It shall elect an executive director, and fix his 
salary and the whose salary shall be as provided by section 
15A.081, subdivision 1.  The salary of the assistant executive 
director who shall be in the unclassified service, shall be set 
in accordance with section 43A.18, subdivision 3.  The executive 
director shall serve during the pleasure of the board and be the 
executive officer of the board, with such duties as the board 
shall prescribe.  The board shall employ all other clerks and 
employees necessary to properly administer the fund.  The cost 
and expense of administering the provisions of this chapter 
shall be paid by the fund.  The executive director shall be 
appointed by the board on the basis of fitness, experience in 
the retirement field and leadership ability.  The executive 
director shall have had at least five years of experience on the 
administrative staff of a major retirement system. 
    Sec. 30.  Minnesota Statutes 1982, section 484.68, 
subdivision 6, is amended to read: 
    Subd. 6.  [SALARY.] The salary of the district 
administrator shall be set by the state court administrator 
within the limits provided in section 15A.083, and shall be paid 
by the state.  The salaries of the district administrators of 
the second and fourth judicial districts may be supplemented by 
the appropriate county board by an amount not to exceed $10,000 
per year.  If an administrator dies, the amount of his salary 
remaining unpaid for the month in which his death occurs shall 
be paid to his estate. 
    Sec. 31.  Laws of Minnesota 1980, chapter 564, article XII, 
section 1, subdivision 3, is amended to read: 
     Subd. 3.  [WASTE MANAGEMENT BOARD.]            15,718,000
This appropriation is available for the
following purposes:
(a) General Operations and Management.                 718,000
Approved Complement - 14.  These positions
are in the unclassified service and their
continuation is dependent upon the
availability of money from appropriations
in this subdivision.  When these
appropriations have been expended the
positions shall be cancelled and the
approved complement reduced accordingly.
The annual salary of the full-time chairperson
of the board shall be $45,000 established 
pursuant to section 15A.081, subdivision 1. 
(b) Acquisition of Sites and Buffer Areas 
for Hazardous Waste Facilities.                      6,200,000 
 This appropriation is from the state 
waste management fund, to be spent 
pursuant to article II, section 3, 
subdivision 4.  Up to $1,200,000 is 
available for expenditure before June 
30, 1981, for costs of staff and 
independent professional services 
needed for the selection and 
acquisition of sites.  
(c) Waste Processing Facility 
Demonstration Program.                               8,800,000 
 This appropriation is from the state 
waste management fund, to be spent 
pursuant to article VI, sections 4 and 
6.  Up to five percent is available for 
administration and technical and 
professional services.  
    Sec. 32.  [135A.07] [Subd. 2.] [EDUCATION SALARIES.] 
    Notwithstanding Laws 1981, chapter 359, sections 4 and 5, 
any law enacted in the 1983 legislative session, or any other 
law to the contrary, the salaries of the chancellor of the state 
university system, the chancellor of the community college 
system, the director of vocational-technical education, and the 
executive director of the Minnesota educational computing 
consortium shall be established pursuant to section 15A.081, 
subdivision 1.  
    Sec. 33.  [AMENDED UNIT COMPOSITION SCHEDULE.] 
    The unit composition schedule for state employees adopted 
by the legislative commission on employee relations on March 24, 
1980, as amended through the effective date of this section, is 
amended by striking the job classifications entitled "police 
training course supervisor" and "police training instructor" 
from unit (14) and inserting those job classifications into unit 
(1).  
    Sec. 34.  [STATE EMPLOYEE RATIFICATION.] 
    Subdivision 1.  [NEGOTIATED SUPPLEMENTAL AGREEMENTS.] The 
supplemental agreements negotiated between the state and the 
exclusive representatives of state bargaining units 1, 2, 3, 4, 
5, 6, 7, 8, 9, 10, 12, 14, and 16, providing for early 
retirement incentives, which were given interim approval by the 
legislative commission on employee relations after adjournment 
of the 1982 legislature, are ratified.  
    Subd. 2.  [COMMISSIONER'S PLAN.] The terms of the 
commissioner of employee relations' plan for unrepresented state 
employees, as amended and given interim approval by the 
legislative commission on employee relations after adjournment 
of the 1982 legislature, are ratified.  
    Sec. 35.  [UNIVERSITY RATIFICATION.] 
    Subdivision 1.  [EARLY RETIREMENT.] The supplemental labor 
agreements and other compensation plans approved by the board of 
regents, providing early retirement incentives for University of 
Minnesota employees, as approved by the legislative commission 
on employee relations after adjournment of the 1982 legislature, 
are ratified.  
    Subd. 2.  [UNREPRESENTED EMPLOYEES SALARY SUPPLEMENTS.] The 
salary supplements provided in the University of Minnesota 
regents' compensation plans, as approved by the legislative 
commission on employee relations after adjournment of the 1982 
legislature, are approved for the following groups of 
unrepresented employees:  Twin Cities instructional, 
noninstructional professional, supervisory, managerial and 
confidential, nursing, clerical and office, technical, outstate 
instructional, and graduate assistants.  
    Subd. 3.  [DULUTH AND WASECA.] The salary supplements 
provided in the labor agreement between the regents of the 
University of Minnesota and the university education 
association, representing the organized faculty at the Duluth 
and Waseca campuses, is ratified, as approved by the legislative 
commission on employee relations on January 31, 1983.  
    Sec. 36.  [REPEALER.] 
    Minnesota Statutes 1982, sections 16A.16, and 136A.035, are 
repealed.  
    Sec. 37.  [APPROPRIATION.] 
    Subdivision 1.  The sum of $4,956,100 is appropriated to 
the commissioner of finance to pay the compensation increases 
provided for by this act, to be available for the fiscal year 
ending June 30 in the years indicated.  Persons whose 
compensation is paid from open appropriations of dedicated 
receipts shall be paid from those appropriations and not from 
the appropriations made by this section.  The commissioner of 
finance shall certify to the committee on finance of the senate 
and the committee on appropriations of the house of 
representatives the amount needed to be added to each 
appropriation account from which the compensation of a person 
affected by this act is paid, and then shall transfer that 
amount to the appropriate account.  
                                          1984        1985 
(a)  Executive agency heads, as 
provided in Minnesota Statutes, 
section 15.081, subdivision 1 
General fund                            $  526,700  $  534,700 
Trunk highway fund                          74,800      75,500 
Highway user fund                            1,500       1,500 
(b)  Constitutional officers and 
their deputies, as provided in 
Minnesota Statutes, section 
15A.081, subdivision 6 
General fund                                76,750      78,250 
(c)  Judges and judicial positions, 
as provided in Minnesota Statutes, 
section 15A.083 
General fund                             1,754,100   1,832,300
    Subd. 2.  There is appropriated the sum of $6,300 to the 
legislative coordinating commission for the per diem and 
expenses of the council established in section 8 of this act.  
    Sec. 38.  [EFFECTIVE DATE.] 
    Section 14 is effective the day following final enactment 
and applies to salaries set or changed after that date.  An 
employee who, on the day of final enactment, is receiving a 
salary which is above the limit set according to section 14 
shall continue to receive that salary until the salary is below 
the limit.  Sections 17, 34, and 35 are effective the day 
following final enactment.  Section 13 applies only to 
collective bargaining agreements entered into after July 1, 
1983, for the 1983 to 1985 biennium and thereafter.  All other 
sections are effective July 1, 1983. 
    Approved June 7, 1983