Minnesota Session Laws - 1985, 1st Special Session

 

                         Laws of Minnesota 1985 

                          CHAPTER 17-H.F.No. 5 
           An act relating to state government; requiring state 
          agencies to provide services and materials in 
          languages other than English; regulating the career 
          executive service; specifying executive branch 
          conflicts of interest; permitting the governor to set 
          salaries for certain full- and part-time officials of 
          metropolitan agencies; providing for review of state 
          trooper arbitration awards; regulating approved 
          complements; regulating liquidation of vacation leave; 
          requiring approval of commissioner of administration 
          to grant right-of-way over state-owned land to 
          railroad company; amending Minnesota Statutes 1984, 
          sections 15.62, subdivision 2; 15A.081, subdivision 1, 
          and by adding a subdivision; 16A.123, subdivision 3; 
          16B.65, subdivision 3; 43A.17, subdivision 8; 43A.21, 
          subdivision 5; 43A.38, subdivision 5; 62D.22, 
          subdivision 7; 222.025, subdivision 1; and 299D.03, 
          subdivision 11; proposing coding for new law in 
          Minnesota Statutes, chapter 15; repealing Minnesota 
          Statutes 1984, section 15A.081, subdivision 7. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [15.441] [COMMUNICATIONS SERVICES.] 
    Subdivision 1.  [STATE AGENCIES; BILINGUAL EMPLOYEES.] 
Every state agency that is directly involved in furnishing 
information or rendering services to the public and that serves 
a substantial number of non-English-speaking people shall employ 
enough qualified bilingual persons in public contact positions, 
or enough interpreters to assist those in these positions, to 
ensure provision of information and services in the language 
spoken by a substantial number of non-English-speaking people. 
    The commissioner of administration shall determine the 
application of this section to each state agency, in 
consultation with the council on affairs of Spanish-speaking 
people, groups representing other non-English-speaking people, 
and the head of the agency.  In determining what constitutes a 
substantial number of non-English-speaking people, the 
commissioner shall consider: 
    (1) the number of people served by the agency; 
    (2) the number of non-English-speaking people served by the 
agency; 
    (3) the frequency with which non-English-speaking people 
are served by the agency; and 
    (4) the extent to which information or services rendered by 
the agency affect legal rights, privileges, or duties. 
    Subd. 2.  [TRANSLATIONS OF MATERIALS EXPLAINING AGENCY 
SERVICES.] Every state agency that serves a substantial number 
of non-English-speaking people and that provides materials in 
English explaining services is encouraged to provide equivalent 
materials in any non-English language spoken by a substantial 
number of the people served by the agency.  An agency should 
give highest priority to providing in a non-English language 
materials that notify people of legal rights, duties, or 
privileges they are entitled to, and the steps they must take to 
obtain or maintain those rights, duties, or privileges.  When 
notice of the availability of material explaining services 
available is given, orally or in writing, it should be given in 
English and the non-English language into which any material has 
been translated.  
    Subd. 3.  [TRANSLATED MATERIALS FOR LOCAL OFFICES.] A state 
agency is encouraged to provide its local offices with written 
materials in the appropriate foreign language when: 
    (1) the local office or facility serves a substantial 
number of non-English-speaking people; 
    (2) written materials such as forms, applications, 
questionnaires, letters, or notices are used to ask or order a 
person to provide information or to give a person information; 
and 
    (3) the information asked for or given could affect the 
person's rights, duties, or privileges with regard to the 
agency's services or benefits. 
    Subd. 4.  [LIMITATIONS.] (a) A state agency may not dismiss 
an employee or increase its complement to carry out the purposes 
of this section.  A state agency need only implement this 
section by filling employee public contact positions made vacant 
by retirement or normal attrition. 
    (b) This section shall be implemented to the extent 
permissible under federal law, civil service laws governing 
state agencies, and collective bargaining agreements. 
    Sec. 2.  Minnesota Statutes 1984, section 15.62, 
subdivision 2, is amended to read: 
    Subd. 2.  A public employee who qualifies as a member of 
the a United States Olympic team for athletic competition on the 
world championship, Pan American, or Olympic team 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 in an 
Olympic a year, whichever is less. 
    Sec. 3.  Minnesota Statutes 1984, section 15A.081, 
subdivision 1, is amended to read: 
    Subdivision 1.  The 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 Range 
                                                  Effective 
                                                July 1, 1983 
Commissioner of education;                   $57,500-$70,000 
Commissioner of finance; 
Commissioner of transportation; 
Commissioner of human services; 
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;  
Chairperson, waste management board 
Chief administrative law judge; 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;
Chairman, metropolitan council
Chairman, regional transit board 
Commissioner of human rights;                $40,000-$52,500
Director, department of public service; 
Commissioner of veterans' affairs; 
Director, bureau of mediation services; 
Commissioner, public utilities commission; 
Member, transportation regulation board; 
Director, zoological gardens. 
    Sec. 4.  Minnesota Statutes 1984, section 15A.081, is 
amended by adding a subdivision to read: 
    Subd. 7a.  The governor shall set the salary rate within 
the range listed below for the part-time 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 Range 
                                                  Effective 
                                                July 1, 1985 
Chairman, metropolitan airports 
   commission                                $15,000-$25,000 
Chairman, metropolitan waste control 
   commission 
    Sec. 5.  Minnesota Statutes 1984, section 16A.123, 
subdivision 3, is amended to read: 
    Subd. 3.  [EXCLUSIONS.] The following kinds of employees 
need not be counted in an agency's approved complement: 
    (1) part-time employees;  
    (2) seasonal or intermittent employees as defined by the 
commissioner of employee relations;  
    (3) summer student employees;  
    (4) service employees;  
    (5) preservice trainees in an affirmative action program 
approved by the commissioner of employee relations;  
    (6) CETA employees;  
    (7) repair or construction project employees; and 
    (8) employees who have an active workers' compensation 
claim as defined by the commissioner of labor and industry.  
    The commissioner must conclude there is a need and 
available money before an agency hires an employee of a kind 
listed in this subdivision. 
    Sec. 6.  Minnesota Statutes 1984, section 16B.65, 
subdivision 3, is amended to read: 
    Subd. 3.  [CERTIFICATION.] The department of employee 
relations, with the approval of the commissioner, shall either:  
    (1) prepare and conduct oral, written, and practical 
examinations to determine if a person is qualified pursuant to 
subdivision 2 to be a building official, or 
    (2) accept documentation of successful completion of 
programs of training developed by public agencies, as proof of 
qualification pursuant to subdivision 2.  
    Upon a determination of qualification under either clause 
(1) or (2) of this section the commissioner shall issue a 
certificate to the building official stating that he the 
official is certified.  Each person applying for examination and 
certification pursuant to this section shall pay a fee of $20. 
The department of employee relations and the commissioner or his 
designee may establish classes of certification that will 
recognize the varying complexities of code enforcement in the 
municipalities within the state.  Except as provided by 
subdivision 2, no person may act as a building official for a 
municipality unless the department of employee relations and the 
commissioner determine that he the official is qualified.  The 
department of employee relations may, with the approval of the 
commissioner, prepare and conduct educational programs designed 
to train and assist building officials in carrying out their 
responsibilities.  The commissioner shall reimburse the 
department of employee relations for costs of any services 
performed by them pursuant to this section.  
    Sec. 7.  Minnesota Statutes 1984, section 43A.17, 
subdivision 8, is amended 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 179A.01 to 179A.25, 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.  
    This section does not prohibit the commissioner from 
negotiating a collective bargaining agreement or recommending 
approval of a compensation plan which permits an employee to 
receive payment for accumulated vacation leave upon beginning an 
unpaid leave of absence approved for more than one year in 
duration if the leave of absence is not for the purpose of 
accepting an unclassified position in state civil service. 
    Sec. 8.  Minnesota Statutes 1984, section 43A.21, 
subdivision 5, is amended to read: 
    Subd. 5.  [CAREER EXECUTIVE SERVICE.] The commissioner 
shall develop and administer a process to select the membership 
of the career executive service. 
    (a) The commissioner, in consultation with the agency head, 
shall designate persons in the classified civil 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 
number of women designated for inclusion in the career executive 
service shall be proportional to the number of women eligible 
for membership.  The positions designated as eligible for 
inclusion in the career executive service 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 commissioner in consultation with the agency head, 
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.  
    (e) The commissioner is authorized to assess agencies a fee 
for each employee of the agency who belongs to the career 
executive service in order to cover the cost of providing 
training and development services to members.  The fee shall be 
established and reviewed pursuant to section 16A.128.  
    Sec. 9.  Minnesota Statutes 1984, section 43A.38, 
subdivision 5, is amended to read: 
    Subd. 5.  [CONFLICTS OF INTEREST.] The following actions by 
an employee in the executive branch shall be deemed a conflict 
of interest and subject to procedures regarding resolution of 
the conflicts, section 43A.39 or disciplinary action as 
appropriate: 
    (a) Use or attempted use of the employee's official 
position to secure benefits, privileges, exemptions or 
advantages for the employee or the employee's immediate family 
or an organization with which the employee is associated which 
are different from those available to the general public; 
    (b) acceptance of other employment or contractual 
relationship that will affect the employee's independence of 
judgment in the exercise of official duties; or 
    (c) actions as an agent or attorney in any action or matter 
pending before the employing agency except in the proper 
discharge of official duties or on the employee's behalf; or 
    (d) the solicitation of a financial agreement for the 
employee or entity other than the state when the state is 
currently engaged in the provision of the services which are the 
subject of the agreement or where the state has expressed an 
intention to engage in competition for the provision of the 
services; unless the affected state agency waives this clause. 
    Sec. 10.  Minnesota Statutes 1984, section 62D.22, 
subdivision 7, is amended to read: 
    Subd. 7.  A licensed health maintenance organization shall 
be deemed to be a prepaid group practice plan for the purposes 
of chapter 43A and shall may be allowed to participate as a 
carrier for state employees subject to any collective bargaining 
agreement entered into pursuant to chapter 179 179A and 
reasonable restrictions applied to all carriers.  The 
commissioner of employee relations 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 pursuant to section 43A.23.  
    Sec. 11.  Minnesota Statutes 1984, section 222.025, 
subdivision 1, is amended to read: 
    Subdivision 1.  Any railroad company desiring a 
right-of-way over any state owned land, except tax forfeited 
land, may make application therefor to the state agency charged 
by law with jurisdiction over such land.  The application shall 
be in such form as the state agency to which application must be 
made prescribes.  If such agency, with the approval of the 
executive council commissioner of administration of the state of 
Minnesota, determines that it is in the public interest that the 
right of way be granted, the governor shall execute and deliver 
to such railroad company an instrument in writing conveying an 
easement for right of way purposes over the land designated by 
such agency, with the approval of said executive council 
commissioner of administration.  Said easement shall continue so 
long as the land which is subject thereto shall be occupied by 
the railroad company for railroad purposes.  Every such easement 
shall reserve to the state all minerals and mineral rights of 
whatever nature, with the right to enter upon said land to 
explore for such minerals at any time, and the right to enter 
upon said land to mine and remove the same upon six months' 
written notice from the state to the railroad company, provided, 
however, that the state agency shall negotiate for a new 
location for said railroad right of way, if needed by the 
railroad, over state land and when a new location has been 
procured, the railroad company shall promptly move to the new 
location.  If such written notice is given, the railroad company 
shall, without any cost or obligation to the state, remove its 
railway and other structures from the land for which the 
easement was given; and all property, of whatever nature, not 
removed by said railroad company within said six month period 
shall become, upon the expiration of said period, the absolute 
property of the state.  Upon the expiration of said period, all 
right, title and interest of the railroad company in and to such 
easement shall terminate and revert to the state without the 
doing of any act by the state except the giving of the aforesaid 
notice.  If such easement ceases to be used by the railroad 
company for railroad purposes, the interest of the railroad 
company also shall terminate and revert to the state, without 
the doing of any act by the state.  As the consideration for the 
granting of such easement by the state, the railroad company 
shall pay to the state treasurer the fair market value of the 
land which is subject to the easement, or that amount which is 
fixed by the constitution and laws of this state as the minimum 
price for the sale of such land, whichever is greater.  No 
instrument conveying such easement shall be executed by the 
governor until said amount has been paid to the state.  The fair 
market value shall be determined by the appraisal of the state 
agency charged by law with jurisdiction over said land, and 
shall be subject to the approval of said executive council 
commissioner of administration. 
    Sec. 12.  Minnesota Statutes 1984, section 299D.03, 
subdivision 11, is amended to read: 
    Subd. 11.  [REVIEW OF ARBITRATION AWARD.] Any state trooper 
who is so suspended, demoted, or dismissed may have the decision 
or determination of the arbitrator reviewed pursuant to the 
Uniform Arbitrator Act in the district court of appeals the 
county where the trooper resides.  If the decision or 
determination of the arbitrator is finally rejected or modified 
by the court, the trooper shall be reinstated in his the 
position, and the commissioner shall pay to the trooper so 
suspended out of the funds of the state the salary or wages 
withheld from him pending the determination of the charges or as 
may be directed by the court. 
    Sec. 13.  [REPEALER.] 
    Minnesota Statutes 1984, section 15A.081, subdivision 7, is 
repealed. 
    Sec. 14.  [EFFECTIVE DATE.] 
    Sections 2, 5 to 10, and 12 are effective the day following 
final enactment. 
    Approved June 28, 1985