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Minnesota Legislature

Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1984 

                        CHAPTER 642-H.F.No. 1991 
           An act relating to government operations; regulating 
          public employee leave of absences; providing for civil 
          service exams for handicapped persons; authorizing the 
          commissioner of employee relations to negotiate 
          insurance premium rates; providing for unclassified 
          positions; modifying the appeal of court-martial 
          proceedings for employees in the state military 
          forces; amending Minnesota Statutes 1982, sections 
          15.62, subdivision 2; 192A.325; 192A.345, subdivisions 
          2 and 8; 192A.612; Minnesota Statutes 1983 Supplement, 
          sections 43A.10, subdivision 8; 43A.23, subdivision 1; 
          and 116L.03, subdivision 6; repealing Minnesota 
          Statutes 1982, section 192A.345, subdivisions 1 and 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1983 Supplement, section 
43A.10, subdivision 8, is amended to read: 
    Subd. 8.  [ELIGIBILITY FOR QUALIFIED HANDICAPPED 
EXAMINATIONS.] The commissioner shall establish examination 
procedures for candidates whose handicaps are of such a severe 
nature that the candidates are unable to demonstrate their 
abilities in competitive examination processes.  The examination 
procedures shall consist of up to 700 hours on-the-job trial 
work experience which will be in lieu of a competitive 
examination and for which the employee disabled person will be 
paid or unpaid at the employee's his or her option.  This work 
experience shall be limited to candidates who are mentally 
retarded, have severe hearing or visual impairments, have 
mobility impairments requiring the use of a wheelchair, or have 
other impairments that comprise serious employment handicaps and 
who have been referred for employment to a specific suitable 
vacancy by a vocational rehabilitation, veterans administration, 
or services for the blind counselor have a physical or mental 
impairment for which there is no reasonable accommodation in the 
examination process.  Implementation of provisions of this 
subdivision shall not be deemed a violation of other provisions 
of Laws 1981, chapter 210 or chapter 363. 
    Sec. 2.  Minnesota Statutes 1983 Supplement, section 
43A.23, subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL.] The commissioner is authorized 
to request bids from carriers or to negotiate with carriers and 
to enter into contracts with carriers which in the judgment of 
the commissioner are best qualified to underwrite and service 
the benefit plans.  The commissioner may negotiate premium rates 
and coverage provisions with all carriers licensed under 
chapters 62A, 62C, and 62D.  The commissioner may also negotiate 
reasonable restrictions to be applied to all carriers under 
chapters 62A, 62C, and 62D.  Contracts to underwrite the benefit 
plans shall be bid or negotiated separately from contracts to 
service the benefit plans, which shall be awarded only on the 
basis of competitive bids.  The commissioner shall consider the 
cost of the plans, conversion options relating to the contracts, 
service capabilities, character, financial position, and 
reputation of the carriers and any other factors which the 
commissioner deems appropriate.  Each benefit contract shall be 
for a uniform term of at least one year, but may be made 
automatically renewable from term to term in the absence of 
notice of termination by either party.  The commissioner shall, 
to the extent feasible, make hospital and medical benefits 
available from at least one carrier licensed to do business 
pursuant to each of chapters 62A, 62C and 62D.  The commissioner 
need not provide health maintenance organization services to an 
employee who resides in an area which is not served by a 
licensed health maintenance organization.  The commissioner may 
refuse to allow a health maintenance organization to continue as 
a carrier if it was selected by less than 200 employees in the 
preceding benefit year.  The commissioner may elect not to offer 
all three types of carriers if there are no bids or no 
acceptable bids by that type of carrier or if the offering of 
additional carriers would result in substantial additional 
administrative costs.  Any carrier licensed pursuant to chapter 
62A shall be exempt from the tax imposed by section 60A.15 on 
premiums paid to it by the state. 
    Sec. 3.  Minnesota Statutes 1983 Supplement, section 
116L.03, subdivision 6, is amended to read: 
    Subd. 6.  [STAFF.] The board may hire an executive director 
who shall serve in the unclassified service who shall manage the 
partnership subject to the board's direction.  The director may 
employ a small staff as necessary to carry out the board's 
policies.  
    Sec. 4.  Minnesota Statutes 1982, section 192A.325, is 
amended to read: 
    192A.325 [GENERAL COURT-MARTIAL RECORDS.] 
    The convening authority shall refer the record of each 
general court-martial to the staff state judge advocate, who 
shall submit his written opinion thereon to the convening 
authority.  If the final action of the court has resulted in an 
acquittal of all charges and specifications, the opinion shall 
be limited to questions of jurisdiction.  
    Sec. 5.  Minnesota Statutes 1982, section 192A.345, 
subdivision 2, is amended to read: 
    Subd. 2.  In all other cases not covered by subdivision 1, 
if the sentence of a special court-martial as approved by the 
convening authority includes a bad-conduct discharge, whether or 
not suspended, The entire record of all court-martial 
proceedings shall be sent to the appropriate staff judge 
advocate of the state force concerned to be reviewed as may be 
prescribed under regulations prescribed by the governor in the 
same manner as a record of trial by general court-martial.  The 
record and the opinion of the staff judge advocate shall then be 
sent to the state judge advocate for review. 
    Sec. 6.  Minnesota Statutes 1982, section 192A.345, 
subdivision 8, is amended to read: 
    Subd. 8.  The state judge advocate may, and if requested by 
the accused, shall order one or more boards courts of military 
review each composed of not less than three commissioned 
officers of the state military forces, active or retired, each 
of whom must be a member of the bar of the highest court of the 
state and shall have served not less than three years as a judge 
advocate.  Each board court of military review shall review the 
record of any trial by special court-martial, including a 
sentence to a bad conduct discharge, referred to it by the state 
judge advocate which referral shall be made if requested by the 
accused.  Boards Courts of military review have the same 
authority on review as the state judge advocate has under this 
section. 
    Sec. 7.  Minnesota Statutes 1982, section 192A.612, is 
amended to read: 
    192A.612 [SEARCH WARRANTS.] 
    During annual field training any period of active service 
under Minnesota Statutes, section 190.05, subdivision 5a or 5b, 
a military judge, designated as the summary court officer during 
such duty service, is authorized to issue search warrants, 
directed to a member of the military police of the state 
military forces, to search any person, place, or vehicle within 
the confines of the property or premises being used for such 
field training active service or any person or vehicle pursued 
therefrom.  No search warrant shall be issued except upon 
probable cause, supported by affidavit or sworn testimony naming 
and describing the person and particularly describing the 
property or thing to be seized and particularly describing the 
place to be searched. 
    Sec. 8.  Minnesota Statutes 1982, section 15.62, 
subdivision 2, is amended to read:  
    Subd. 2.  A public employee who qualifies as a member of 
the United States Olympic team for athletic competition on the 
world, Pan American or olympic level, in a sport contested in 
either Pan American or olympic competitions in a sport 
sanctioned by the International Olympic Committee, shall be 
granted a leave of absence without loss of pay or other benefits 
or rights for the purpose of preparing for and engaging in the 
competition.  In no event shall the paid leave under this 
section exceed the period of the official Olympic training camp 
and Olympic competition combined or 90 calendar days a in an 
Olympic year, whichever is less. 
    Sec. 9.  [REPEALER.] 
    Minnesota Statutes 1982, section 192A.345, subdivisions 1 
and 3, are repealed. 
    Approved May 2, 1984