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Minnesota Legislature

Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1990 

                        CHAPTER 571-H.F.No. 2081 
           An act relating to state government; regulating state 
          employment practices; regulating the setting of 
          certain salaries; ratifying certain salaries; amending 
          Minnesota Statutes 1988, sections 15A.081, subdivision 
          7b, and by adding a subdivision; 15A.083, subdivisions 
          5, 7, and by adding a subdivision; 43A.04, 
          subdivisions 1, 3, and by adding a subdivision; 
          43A.10, subdivisions 7 and 8; 43A.12, subdivision 5; 
          43A.13, subdivisions 2, 3, 4, 5, 6, and 7; 43A.15, 
          subdivision 10; 43A.17, subdivisions 1 and 8; 43A.18, 
          subdivisions 4 and 5, and by adding a subdivision; 
          43A.191, subdivisions 2 and 3; 43A.23, subdivision 1; 
          43A.27, subdivision 4; 43A.316, subdivisions 2, 3, 5, 
          7, and 8; 43A.37, subdivision 1; 176.421, by adding a 
          subdivision; 176B.02; 237.51, subdivision 5; 268.0121, 
          subdivision 3; 473.405, subdivision 12; and 487.13; 
          Minnesota Statutes 1989 Supplement, sections 43A.08, 
          subdivision 1; 43A.316, subdivisions 9 and 10; and 
          214.04, subdivision 3; proposing coding for new law in 
          Minnesota Statutes, chapter 43A; repealing Minnesota 
          Statutes 1988, section 43A.081, subdivisions 1, 2, and 
          5; and Minnesota Statutes 1989 Supplement, section 
          485.018, subdivision 7. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 15A.081, 
subdivision 7b, is amended to read: 
    Subd. 7b.  [HIGHER EDUCATION OFFICERS.] The state 
university board, the state board for community colleges, the 
state board of vocational technical education, and the higher 
education coordinating board shall set the salary rates for, 
respectively, the chancellor of the state universities, the 
chancellor of the community colleges, the state director of 
vocational technical education, and the executive director of 
the higher education coordinating board.  The respective board 
shall submit the proposed salary increase to the legislative 
commission on employee relations for approval, modification, or 
rejection in the manner provided in section 43A.18, subdivision 
2.  Salary rates for the positions specified in this subdivision 
may not exceed 95 percent of the salary of the governor under 
section 15A.082, subdivision 3.  In deciding whether to 
recommend a salary increase, the governing board shall consider 
the performance of the chancellor or director, including the 
chancellor's or director's progress toward attaining affirmative 
action goals. 
     Sec. 2.  Minnesota Statutes 1988, section 15A.081, is 
amended by adding a subdivision to read: 
    Subd. 9.  [TRANSFER OF VACATION AND SICK LEAVE; CERTAIN 
APPOINTEES.] (a) This subdivision governs transfers of 
accumulated vacation leave and sick leave if the governor 
appoints the incumbent of a position listed in this section to 
another position listed in this section. 
    (b) An appointee moving between positions in the executive 
branch shall transfer all vacation leave and sick leave hours to 
the appointee's credit at the time of the new appointment. 
    (c) The governor may authorize an appointee to transfer 
accumulated vacation leave and sick leave hours under the 
following conditions: 
    (1) an appointee moving to a position in the executive 
branch from a position outside the executive branch may be 
permitted to transfer no more than 275 hours of accumulated 
unliquidated vacation leave and no more than 900 hours of 
accumulated unliquidated sick leave; and 
    (2) an appointee moving to a position outside the executive 
branch from a position within the executive branch may be 
permitted to transfer accumulated unliquidated vacation leave 
and sick leave hours up to the maximum accumulations permitted 
by the personnel policies governing the new position. 
The governor shall notify the commissioner of employee relations 
of any transfers authorized under this paragraph. 
    Sec. 3.  Minnesota Statutes 1988, section 15A.083, 
subdivision 5, is amended to read: 
    Subd. 5.  [TAX COURT.] Salaries of judges of the tax 
court shall be are the same as the base salary for district 
judges as provided in set under section 15A.082, subdivision 1 
3. 
     Sec. 4.  Minnesota Statutes 1988, section 15A.083, is 
amended by adding a subdivision to read: 
    Subd. 6a.  [ADMINISTRATIVE LAW JUDGE; MAXIMUM SALARY.] The 
maximum salary of an administrative law judge in the classified 
service employed by the office of administrative hearings is 90 
percent of the salary of district court judges as set under 
section 15A.082, subdivision 3. 
    Sec. 5.  Minnesota Statutes 1988, section 15A.083, 
subdivision 7, is amended to read: 
    Subd. 7.  [WORKERS' COMPENSATION COURT OF APPEALS AND 
COMPENSATION JUDGES.] Salaries of judges of the workers' 
compensation court of appeals shall be 90 percent of are the 
same as the salary for district judges as provided in set under 
section 15A.082, subdivision 1 3.  Salaries of compensation 
judges shall be are 75 percent of the salary of district court 
judges as provided in subdivision 1.  The chief workers' 
compensation settlement judge at the department of labor and 
industry may be paid an annual salary that is up to five percent 
greater than the salary of workers' compensation settlement 
judges at the department of labor and industry. 
    Sec. 6.  Minnesota Statutes 1988, section 43A.04, 
subdivision 1, is amended to read: 
    Subdivision 1.  [STATEWIDE LEADERSHIP.] (a) The 
commissioner shall be is the chief personnel and labor relations 
manager of the civil service in the executive branch.  
    (a) Whenever any power or responsibility is given to the 
commissioner by any provision of Laws 1981, chapter 210, unless 
otherwise expressly provided, the power or authority shall apply 
applies to all employees of agencies in the executive branch and 
to employees in classified positions in the office of the 
legislative auditor, the Minnesota state retirement system, the 
public employees retirement association, and the teacher's 
retirement association.  Unless otherwise provided by law, the 
power or authority shall does not apply to unclassified 
employees in the legislative and judicial branches.  
    (b) The commissioner shall operate an information system 
from which personnel data, as defined in section 13.43, 
concerning employees and applicants for positions in the 
classified service can be retrieved.  
    The commissioner shall have has access to all public and 
private personnel data kept by appointing authorities which that 
will aid in the discharge of the commissioner's duties.  
    (c) The commissioner may consider and investigate any 
matters concerned with the administration of provisions of Laws 
1981, chapter 210, and may order any remedial actions consistent 
with law. 
    (d) The commissioner has sole authority to settle state 
employee workers' compensation claims. 
    (e) The commissioner may assess all state entities for the 
costs of programs under sections 15.46 and 176.603. 
    Sec. 7.  Minnesota Statutes 1988, section 43A.04, 
subdivision 3, is amended to read: 
    Subd. 3.  [RULES.] The commissioner shall promulgate adopt 
rules pursuant to under the administrative procedure act to 
implement the provisions of this chapter which that directly 
affect the rights of or processes available to the general 
public.  The rules shall have the force and effect of law 
and shall may include but are not limited to: 
    (a) (1) the processes for determining the extent of 
competition for filling vacancies, for recruiting applicants, 
for conducting competitive open examinations, for ranking 
candidates and maintaining competitive open eligible lists, and 
for certification and appointment of eligibles from competitive 
open eligible lists; 
    (b) (2) the process for effecting noncompetitive and 
qualifying appointments; 
    (c) (3) the process for temporary designation of positions 
in the unclassified service and for effecting appointments to 
the unclassified service; 
    (d) (4) a statewide affirmative action program to include 
requirements for agency affirmative action plans, statewide 
policies and procedures, reporting requirements, accountability 
and responsibility of employees in the executive branch, and 
overall objectives of the program; 
    (e) (5) conditions under which moving and other expenses 
may be authorized and paid prior to appointment to persons who 
have accepted state employment; 
    (f) (6) procedures for administration of the code of ethics 
for employees of the executive branch; and 
    (g) (7) examination procedures for candidates with 
handicaps disabilities as described in section 43A.10, 
subdivision 8.; and 
    (8) procedures or policies that affect the operation of or 
participation in the public employees insurance program. 
    Sec. 8.  Minnesota Statutes 1988, section 43A.04, is 
amended by adding a subdivision to read: 
    Subd. 9.  [EXPERIMENTAL OR RESEARCH PROJECTS.] The 
commissioner of employee relations may conduct experimental or 
research projects designed to improve recruitment, selection, 
referral, or appointment processes for the filling of state 
classified positions. 
    The commissioner shall meet and confer with the affected 
exclusive bargaining representative of state employees 
concerning the design and implementation of experimental and 
research projects under this subdivision. 
    Any provision in sections 43A.09 to 43A.15, associated 
personnel rules adopted under subdivision 3, or administrative 
procedures established under subdivision 4, is waived for the 
purposes of these projects.  The number of appointments under 
this subdivision may not exceed five percent of the total number 
of appointments in the preceding fiscal year. 
    The commissioner shall report by September 1 to the 
legislative commission on employee relations the results of the 
experimental research projects conducted in the preceding fiscal 
year. 
    Sec. 9.  Minnesota Statutes 1989 Supplement, section 
43A.08, subdivision 1, is amended to read: 
    Subdivision 1.  [UNCLASSIFIED POSITIONS.] Unclassified 
positions are held by employees who are: 
      (a) chosen by election or appointed to fill an elective 
office; 
      (b) heads of agencies required by law to be appointed by 
the governor or other elective officers, and the executive or 
administrative heads of departments, bureaus, divisions, and 
institutions specifically established by law in the unclassified 
service; 
      (c) deputy and assistant agency heads and one confidential 
secretary in the agencies listed in subdivision 1a; 
      (d) the confidential secretary to each of the elective 
officers of this state and, for the secretary of state, state 
auditor, and state treasurer, an additional deputy, clerk, or 
employee; 
      (e) intermittent help employed by the commissioner of 
public safety to assist in the issuance of vehicle licenses; 
      (f) employees in the offices of the governor and of the 
lieutenant governor and one confidential employee for the 
governor in the office of the adjutant general; 
      (g) employees of the Washington, D.C., office of the state 
of Minnesota; 
      (h) employees of the legislature and of legislative 
committees or commissions; provided that employees of the 
legislative audit commission, except for the legislative 
auditor, the deputy legislative auditors, and their confidential 
secretaries, shall be employees in the classified service; 
      (i) presidents, vice-presidents, deans, other managers and 
professionals in academic and academic support programs, 
administrative or service faculty, teachers, research 
assistants, and student employees eligible under terms of the 
federal economic opportunity act work study program in the 
school and resource center for the arts, state universities and 
community colleges, but not the custodial, clerical, or 
maintenance employees, or any professional or managerial 
employee performing duties in connection with the business 
administration of these institutions; 
      (j) officers and enlisted persons in the national guard; 
      (k) attorneys, legal assistants, examiners, and three 
confidential employees appointed by the attorney general or 
employed with the attorney general's authorization; 
      (l) judges and all employees of the judicial branch, 
referees, receivers, jurors, and notaries public, except 
referees and adjusters employed by the department of labor and 
industry; 
      (m) members of the state patrol; provided that selection 
and appointment of state patrol troopers shall be made in 
accordance with applicable laws governing the classified 
service; 
      (n) chaplains employed by the state; 
    (o) examination monitors and intermittent training 
instructors employed by the departments of employee relations 
and commerce and by professional examining boards; 
    (p) student workers; 
    (q) one position in the hazardous substance notification 
and response activity in the department of public safety; 
    (r) employees unclassified pursuant to other statutory 
authority; and 
    (s) intermittent help employed by the commissioner of 
agriculture to perform duties relating to pesticides, 
fertilizer, and seed regulation; and 
    (t) the administrators and the deputy administrators at the 
state academies for the deaf and the blind. 
    Sec. 10.  Minnesota Statutes 1988, section 43A.10, 
subdivision 7, is amended to read: 
    Subd. 7.  [EXAMINATION ACCOMMODATIONS.] Upon request, the 
commissioner shall provide examination accommodations to a 
candidate with a handicap disability that does not prevent 
performance of the duties of the class.  The 
accommodations shall must provide an opportunity to fairly 
examine the ability of the candidate to perform the duties of 
the class notwithstanding the handicap disability but shall must 
preserve, to the extent feasible, the validity of the 
examination process and equitable comparison of examination 
scores with competitors without handicaps disabilities.  
    Sec. 11.  Minnesota Statutes 1988, section 43A.10, 
subdivision 8, is amended to read: 
    Subd. 8.  [ELIGIBILITY FOR QUALIFIED HANDICAPPED DISABLED 
EXAMINATIONS.] The commissioner shall establish examination 
procedures for candidates whose handicaps disabilities are of 
such a severe nature that the candidates are unable to 
demonstrate their abilities in competitive examination 
processes.  The examination procedures shall must 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 disabled 
person has the option of being paid or unpaid.  Up to three 
persons with severe disabilities and their job coach shall may 
be allowed to demonstrate their job competence as a unit through 
the on-the-job trial work experience examination procedure.  
This work experience shall must be limited to candidates for 
appointment, promotion, or transfer who have a physical or 
mental impairment for which there is no reasonable accommodation 
in the examination process.  Implementation of provisions of 
this subdivision shall may not be deemed a violation of other 
provisions of Laws 1981, chapter 210 or 363. 
    Sec. 12.  Minnesota Statutes 1988, section 43A.12, 
subdivision 5, is amended to read: 
    Subd. 5.  [QUALIFIED HANDICAPPED DISABLED LISTS.] On 
qualified handicapped disabled lists eligibles shall must be 
ranked in alphabetical order. 
    Sec. 13.  Minnesota Statutes 1988, section 43A.13, 
subdivision 2, is amended to read: 
    Subd. 2.  [LAYOFF.] If an agency has a layoff list for the 
class and employment conditions of the vacancy to be filled, the 
commissioner shall certify eligibles as provided in collective 
bargaining agreements, plans established pursuant to under 
section 43A.18, rules, or procedures implemented pursuant to 
under section 43A.04, subdivision 4.  
    The commissioner, in accordance with collective bargaining 
agreements or plans established under section 43A.18, may also 
afford employees on permanent layoff from state service the 
opportunity to be tested for existing competitive open and 
promotional eligible lists for classes equal to or lower than 
those from which they are on layoff.  Candidates tested under 
this procedure who obtain passing scores are eligible in 
accordance with the ranking and certification provisions of 
section 43A.12 and this section. 
    Sec. 14.  Minnesota Statutes 1988, section 43A.13, 
subdivision 3, is amended to read: 
    Subd. 3.  [REEMPLOYMENT.] For positions to be filled by 
reemployment of a former employee, the commissioner may certify 
any eligible on the reemployment list for the class or approve 
direct reinstatement of a former classified employee within 
three four years of separation. 
    Sec. 15.  Minnesota Statutes 1988, section 43A.13, 
subdivision 4, is amended to read: 
    Subd. 4.  [COMPETITIVE OPEN.] (a) For positions to be 
filled by competitive open examination, the commissioner shall 
certify the first 20 eligibles on the list plus those eligibles 
having the same score as the 20th eligible certified. 
    (b) When the position to be filled by competitive open 
examination is in a class for which the initially established 
eligible list contained the names of more than 200 eligibles and 
that list has existed for more than 12 months and been referred 
to more than ten vacancies, the commissioner shall certify the 
first 40 eligibles on the list plus those eligibles having the 
same score as the 40th eligible certified. 
    Sec. 16.  Minnesota Statutes 1988, section 43A.13, 
subdivision 5, is amended to read: 
    Subd. 5.  [COMPETITIVE PROMOTIONAL.] For positions to be 
filled by competitive promotional examination limited to 
employees of one or more agencies or organizational units, the 
commissioner shall certify the first ten eligibles on the list 
plus those eligibles having the same score as the tenth eligible 
certified.  For positions to be filled by competitive 
promotional examination extended to all employees of the civil 
service, the commissioner shall certify the first 20 eligibles 
on the list, plus those eligibles having the same score as the 
20th eligible certified. 
    Sec. 17.  Minnesota Statutes 1988, section 43A.13, 
subdivision 6, is amended to read: 
    Subd. 6.  [QUALIFIED HANDICAPPED DISABLED.] For a position 
to be filled by qualified handicapped disabled examination, the 
commissioner shall certify only the one eligible who has 
successfully completed the examination processes provided in 
section 43A.10, subdivision 8 for the position.  
    Sec. 18.  Minnesota Statutes 1988, section 43A.13, 
subdivision 7, is amended to read: 
    Subd. 7.  [EXPANDED CERTIFICATION.] When the commissioner 
determines that a disparity as defined in rules exists between 
an agency's work force and its affirmative action plan approved 
in accordance with section 43A.19, the commissioner shall ensure 
to the extent possible that eligibles who are members of the 
protected groups for which the disparity exists are certified 
for appointment.  When fewer than two eligibles of each 
protected group for which a disparity has been determined to 
exist would be certified under subdivisions 4 and 5, the 
commissioner shall certify two eligibles from each protected 
group for which a disparity exists or four from each group for 
which a disparity exists if the number of names referred has 
been increased under subdivision 4, paragraph (b).  
Implementation of this subdivision shall may not be deemed a 
violation of other provisions of Laws 1981, chapter 210 or 363. 
    Sec. 19.  Minnesota Statutes 1988, section 43A.15, 
subdivision 10, is amended to read: 
    Subd. 10.  [ROUTINE SERVICE AND ENTRY CLERICAL 
APPOINTMENTS.] The commissioner may authorize the administration 
of a qualifying selection process if a class is of a routine, 
service nature involving unskilled tasks, the performance of 
which cannot be directly related to qualifications beyond a 
minimum competency level.  Appointing authorities may consider 
any candidate found so qualified for probationary appointment to 
such a position.  The commissioner may also authorize the 
administration of qualifying skill tests for entry level 
clerical positions as an alternative to certification from an 
eligible list as provided in section 43A.13.  
    Sec. 20.  Minnesota Statutes 1988, section 43A.17, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SALARY LIMITS.] As used in subdivisions 1 
to 8 9, "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 under 
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 retains the 
salary, but may not receive an 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. 21.  Minnesota Statutes 1988, 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. 22.  Minnesota Statutes 1988, 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 must be set by appointing authorities within the limits of 
compensation plans that have been approved by the commissioner 
before becoming effective.  Compensation plans established under 
paragraphs (b), (c), and (d) must be approved by the legislature 
and the legislative commission on employee relations under 
subdivision 2 before becoming effective. 
    (a) Total compensation for employees who are not covered by 
a collective bargaining agreement in the offices of the 
governor, lieutenant governor, attorney general, secretary of 
state, state auditor, and state treasurer shall must be 
determined by the governor, lieutenant governor, attorney 
general, secretary of state, state auditor and state treasurer, 
respectively.  
    (b) Total compensation for unclassified positions pursuant 
to section 43A.08, subdivision 1, clause (h) (i), in the higher 
education coordinating board, and in the state board of 
vocational technical education shall in the state universities 
and the community colleges not covered by a collective 
bargaining agreement must be determined by the state university 
board and the state board for community colleges, the higher 
education coordinating board, and the state board of vocational 
technical education, respectively. 
    (c) Total compensation for classified administrative law 
judges in the office of administrative hearings shall must be 
determined by the chief administrative law judge.  
    (d) Total compensation for unclassified positions not 
covered by a collective bargaining agreement in the higher 
education coordinating board and in the state board of 
vocational technical education must be determined by the higher 
education coordinating board and the state board of vocational 
technical education, respectively. 
    Sec. 23.  Minnesota Statutes 1988, section 43A.18, is 
amended by adding a subdivision to read: 
    Subd. 4a.  [COMPENSATION REPORTS.] On July 1 of each 
odd-numbered year the state agricultural society, the world 
trade center corporation board of directors, the greater 
Minnesota corporation board of directors, and the governing 
board of the Minnesota state high school league shall each 
submit a report to the legislative commission on employee 
relations on the total compensation plan for their employees. 
    Sec. 24.  Minnesota Statutes 1988, section 43A.18, 
subdivision 5, is amended to read: 
    Subd. 5.  [GOVERNOR TO RECOMMEND CERTAIN SALARIES.] (a) The 
governor shall, by 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 
section 15A.081, subdivisions 1 and 7.  The governor may also 
propose additions or deletions of positions from those listed.  
    (a) (b) 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.  
    (b) (c) In making recommendations, the governor shall 
consider only the criteria established in subdivision 8 and may 
not take into account 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 shall establish an objective system for 
quantifying knowledge, abilities, duties, responsibilities, and 
accountabilities and in determining recommendations rate each 
position by this system.  
    (c) (d) Before the governor's recommended salaries take 
effect, the recommendations must 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 must be submitted and 
approved in the same manner as provided in this subdivision.  
    (d) (e) The governor 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) (f) The salary of a newly appointed head of an agency 
or chair of a metropolitan agency listed in section 15A.081, 
subdivision 1 or 7, may be increased or decreased by the 
governor from the salary previously set for that position within 
30 days of the new appointment after consultation with the 
commissioner.  If the governor increases a salary under this 
paragraph, the governor shall submit the new salary to the 
legislative commission on employee relations and the full 
legislature for approval, modification, or rejection in the 
manner provided in section 43A.18, subdivision 2.  If the 
legislature rejects an increased salary or adjourns without 
action during the following legislative session, the salary for 
the position reverts to the level in effect before the governor 
proposed the change. 
    Sec. 25.  [43A.181] [UNREIMBURSED MEDICAL COSTS VACATION 
DONATION PROGRAM.] 
    Subdivision 1.  [DONATION OF VACATION TIME.] A state 
employee may donate up to eight hours of accrued vacation time 
in any fiscal year to the account established by subdivision 2 
for the benefit of another state employee.  The employee must 
notify the employee's agency head of the amount of accrued 
vacation time the employee wishes to donate and the name of the 
other state employee who is to benefit from the donation.  The 
agency head shall determine the monetary value of the donated 
time, using the gross salary of the employee making the 
donation.  The agency head shall transfer that amount, less 
deductions for applicable taxes and retirement contributions, to 
the account established by subdivision 2.  A donation of accrued 
vacation time is irrevocable once its monetary value has been 
transferred to the account. 
    Subd. 2.  [BENEFIT ACCOUNT.] The vacation benefit account, 
consisting of money transferred under subdivision 1, is 
administered by the commissioner of employee relations.  Money 
in the account is appropriated to the commissioner for purposes 
of this section. 
    Subd. 3.  [USE OF ACCOUNT ASSETS.] Expenditures from the 
account established by subdivision 2 may be made only to pay 
unreimbursed medical expenses when the total of those expenses 
is at least $10,000 and the expenses are incurred because of the 
illness of or injury to a state employee or the employee's 
spouse or dependent.  Any money remaining after all of the 
unreimbursed medical expenses incurred by the employee named to 
benefit from a donation have been paid may be transferred to a 
general pool.  The commissioner may use the pool to pay 
unreimbursed medical expenses for another state employee named 
to benefit from donated vacation time but whose unreimbursed 
expenses exceed the monetary value of the donated time. 
    Sec. 26.  Minnesota Statutes 1988, section 43A.191, 
subdivision 2, is amended to read: 
    Subd. 2.  [AGENCY AFFIRMATIVE ACTION PLANS.] (a) The head 
of each agency in the executive branch shall prepare and 
implement an agency affirmative action plan consistent with this 
section and rules issued under section 43A.04, subdivision 3. 
    (b) The agency plan must include a plan for the provision 
of reasonable accommodation in the hiring and promotion of 
qualified handicapped disabled persons.  The reasonable 
accommodation plan shall must consist of at least the following: 
    (1) procedures for compliance with section 363.03 and, 
where appropriate, regulations implementing United States Code, 
title 29, section 794, as amended through December 31, 1984, 
which is section 504 of the Rehabilitation Act of 1973, as 
amended; 
    (2) methods and procedures for providing reasonable 
accommodation for handicapped disabled job applicants, current 
employees, and employees seeking promotion; and 
    (3) provisions for funding reasonable accommodations. 
    (c) The agency plan must be prepared by the agency head 
with the assistance of the agency affirmative action officer and 
the director of equal employment opportunity.  The council on 
disability shall provide assistance with the agency reasonable 
accommodation plan. 
    (d) An agency affirmative action plan may not be 
implemented without the commissioner's approval. 
    Sec. 27.  Minnesota Statutes 1988, section 43A.191, 
subdivision 3, is amended to read: 
    Subd. 3.  [SANCTIONS AND INCENTIVES.] (a) The director of 
equal employment opportunity shall annually audit the record of 
each agency to determine the rate of compliance with annual 
hiring goals of each goal unit and to evaluate the agency's 
overall progress toward its affirmative action goals and 
objectives.  
    (b) By March 1 of each year, the commissioner shall submit 
a report on affirmative action progress of each agency and the 
state as a whole to the governor and to the finance committee of 
the senate, the appropriations committee of the house of 
representatives, the governmental operations committees of both 
houses of the legislature, and the legislative commission on 
employee relations.  The report must include noncompetitive 
appointments made under section 43A.08, subdivision 2a, or 
43A.15, subdivisions 3 to 13, and cover each agency's rate of 
compliance with annual hiring goals.  In addition, any agency 
that has not met its affirmative action hiring goals, that fails 
to make an affirmative action hire, or fails to justify its 
nonaffirmative action hire in 25 percent or more of the 
appointments made in the previous calendar year must be 
designated in the report as an agency not in compliance with 
affirmative action requirements. 
    (c) The commissioner shall study methods to improve the 
performance of agencies not in compliance with affirmative 
action requirements.  
    (d) The commissioner shall establish a program to recognize 
agencies that have made significant and measurable progress 
toward achieving affirmative action objectives. 
    Sec. 28.  Minnesota Statutes 1988, 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.  Contracts entered into with carriers are not 
subject to the requirements of sections 16B.189 to 16B.22.  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 must be bid or 
negotiated separately from contracts to service the benefit 
plans, which may 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 must 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.  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.  A carrier 
licensed under chapter 62A is exempt from the tax imposed by 
section 60A.15 on premiums paid to it by the state. 
    Sec. 29.  Minnesota Statutes 1988, section 43A.27, 
subdivision 4, is amended to read: 
    Subd. 4.  [RETIRED JUDGES; FORMER LEGISLATORS.] A (a)  
Retired judge judges or a former legislator legislators may 
elect to purchase coverage for themselves or their dependents at 
their own expense as provided below: in paragraphs (b) and (c).  
    (a) (b) A retired judge of the state supreme court, the 
court of appeals, a district court, a county court, a county 
municipal court, or a probate court may elect to purchase 
coverage provided persons listed in section 43A.24, subdivision 
2, clause (c), provided that the retired judge exercises this 
option within 30 days of the effective date of retirement; or. 
The commissioner shall notify judges no later than the effective 
date of their retirement of their right to exercise the option 
provided in this subdivision.  A retired judge must notify the 
commissioner or designee of the commissioner within 30 days 
after the effective date of retirement if the judge intends to 
exercise the option. 
    (b) (c) A former member of the legislature may elect to 
purchase coverage provided persons listed in section 43A.24, 
subdivision 2, clause (a). 
    Sec. 30.  Minnesota Statutes 1988, section 43A.316, 
subdivision 2, is amended to read: 
    Subd. 2.  [DEFINITIONS.] For the purpose of this section, 
the terms defined in this subdivision have the meaning given 
them.  
    (a)  [COMMISSIONER.] "Commissioner" means the commissioner 
of employee relations.  
    (b)  [EMPLOYEE.] "Employee" means: 
    (1) a person who is a public employee within the definition 
of section 179A.03, subdivision 14, who is insurance eligible 
and is employed by an eligible employer or; 
    (2) an elected public official of an eligible employer who 
is insurance eligible; or 
    (3) a person employed by a labor organization or employee 
association certified as an exclusive representative of 
employees of an eligible employer or by another public employer 
approved by the commissioner, so long as the plan meets the 
requirements of a governmental plan under United States Code, 
title 29, section 1002(32).  
    (c)  [ELIGIBLE EMPLOYER.] "Eligible employer" means 
    (1) a public employer within the definition of section 
179A.03, subdivision 15, that is a town, county, city, school 
district as defined in section 120.02, educational cooperative 
service unit as defined in section 123.58, intermediate district 
as defined in section 136C.02, subdivision 7, cooperative center 
for vocational education as defined in section 123.351, regional 
management information center as defined in section 121.935, or 
an education unit organized under the joint powers action, 
section 471.59; or 
    (2) an exclusive representative of employees, as defined in 
paragraph (b); or 
    (3) another public employer approved by the commissioner. 
    (d)  [EXCLUSIVE REPRESENTATIVE.] "Exclusive representative" 
means an exclusive representative as defined in section 179A.03, 
subdivision 8.  
    (e)  [LABOR-MANAGEMENT COMMITTEE.] "Labor-management 
committee" means the committee established by subdivision 4.  
    (f)  [PLAN.] "Plan" means the statewide public employees 
insurance plan created by subdivision 3.  
    Sec. 31.  Minnesota Statutes 1988, section 43A.316, 
subdivision 3, is amended to read: 
    Subd. 3.  [PUBLIC EMPLOYEE INSURANCE PLAN.] There is 
created the "public employee insurance plan."  The commissioner 
shall be the administrator of the public employee insurance plan 
and may determine its funding arrangements.  The commissioner 
shall model the plan after the plan established in section 
43A.18, subdivision 2, but may modify that plan, in consultation 
with the labor-management committee.  
    Sec. 32.  Minnesota Statutes 1988, section 43A.316, 
subdivision 5, is amended to read: 
    Subd. 5.  [PUBLIC EMPLOYEE PARTICIPATION.] (a) 
Participation in the plan is subject to the conditions in this 
subdivision.  
    (a) (b) Each exclusive representative for an eligible 
employer determines whether the employees it represents shall 
will participate in the plan.  The exclusive representative must 
shall give the employer notice of intent to participate at least 
90 days before the expiration date of the collective bargaining 
agreement preceding the collective bargaining agreement that 
covers the date of entry into the plan.  The exclusive 
representative and the eligible employer shall give notice to 
the commissioner of the determination to participate in the plan 
at least 90 days prior to before entry into the plan.  Entry 
into the plan shall be according to is governed by a schedule 
established by the commissioner. 
    (b) (c) Employees not represented by exclusive 
representatives may become members of the plan upon a 
determination of an eligible employer to include these employees 
in the plan.  Either all or none of the employer's unrepresented 
employees must participate.  The eligible employer shall give at 
least 90 days' notice to the commissioner prior to before 
entering the plan.  Entry into the plan shall be according to is 
governed by a schedule established by the commissioner.  
    (c) (d) Participation in the plan shall be is for a 
three-year two-year term if coverage begins in an even-numbered 
year and a four-year term if coverage begins in an odd-numbered 
year.  Participation is automatically renewed for an 
additional four-year two-year term unless the exclusive 
representative, or the employer for unrepresented employees, 
gives the commissioner notice of withdrawal at least 90 
days prior to before expiration of the participation period.  A 
group that withdraws must wait two years before rejoining.  An 
exclusive representative, or employer for unrepresented 
employees, may also withdraw if premiums increase 50 percent or 
more from one insurance year to the next. 
    (d) (e) The exclusive representative shall give the 
employer notice of intent to withdraw to the commissioner at 
least 90 days before the expiration date of a collective 
bargaining agreement that includes the date on which the term of 
participation expires. 
    (e) (f) Each participating eligible employer shall notify 
the commissioner of names of individuals who will be 
participating within two weeks of the commissioner receiving 
notice of the parties' intent to participate.  The employer must 
shall also submit other information as required by the 
commissioner for administration of the plan.  
    Sec. 33.  Minnesota Statutes 1988, section 43A.316, 
subdivision 7, is amended to read: 
    Subd. 7.  [PREMIUMS.] The proportion of premium paid by the 
employer and employee is subject to collective bargaining or 
personnel policies.  If, at the beginning of the coverage 
period, no collective bargaining agreement has been finalized, 
the increased dollar costs, if any, from the previous year is 
the sole responsibility of the individual participant until a 
collective bargaining agreement states otherwise.  Premiums, 
including an administration fee, shall be established by the 
commissioner.  Each eligible employer shall pay monthly the 
amounts due for employee benefits including the amounts under 
subdivision 8 to the commissioner on or before no later than the 
dates established by the commissioner.  Failure to pay may 
result in cancellation of the If an employer fails to make the 
payments as required, the commissioner may cancel plan benefits 
and pursue other civil remedies.  
    Sec. 34.  Minnesota Statutes 1988, section 43A.316, 
subdivision 8, is amended to read: 
    Subd. 8.  [CONTINUATION OF COVERAGE.] (a) A participating 
employee who is laid off or is on leave may elect to continue 
the plan coverage.  This coverage is at the expense of the 
employee unless otherwise provided by a collective bargaining 
agreement.  Premiums for these employees must be established by 
the commissioner.  Coverage continues until one of the following 
occurs: 
    (1) the employee is reemployed and eligible for health care 
coverage under a group policy; or 
    (2) the insurance continuation periods required by state 
and federal laws expire. 
    (b) A participating employee who retires and is receiving 
an annuity or is eligible for and has applied for an annuity 
under chapter 352, 352B, 352C, 352D, 353, 353C, 354, 354A, 356, 
422A, 423, 423A, or 424, or 490 is eligible to continue 
participation in the plan.  These employees, and employees who 
have already retired prior to the group from which they retired 
entering the plan, are eligible to participate as long as their 
group continues to participate.  This participation is at the 
retiree's expense unless a collective bargaining agreement or 
personnel policy provides otherwise.  Premiums for these 
participants must be established by the commissioner.  An 
employer shall notify an employee of this option no later than 
the effective date of retirement.  The retired employee shall 
notify the employer within 30 days of the effective date of 
retirement of intent to exercise this option. 
    (c) (b) The spouse of a deceased, active, or retired 
employee may purchase the benefits provided at premiums 
established by the commissioner if the spouse was a dependent 
under the active or retired employee's coverage under this 
section at the time of the death.  These participants are 
eligible to participate as long as the group which included 
their spouse participates.  Coverage under this clause must be 
coordinated with relevant insurance benefits provided through 
the federally sponsored Medicare program.  
    (d) (c) The plan benefits must continue in the event of 
strike permitted by section 179A.18, if the exclusive 
representative chooses to have coverage continue and the 
employee pays the total monthly premiums when due.  
    (e) (d) A person who desires to participate under 
paragraphs (a) to (d) (c) shall notify the eligible employer or 
former employer of intent to participate according to rules 
established by the commissioner.  The eligible employer shall 
notify the commissioner and coverage begins as soon as the 
commissioner permits. 
    Persons participating under these paragraphs shall make 
appropriate premium payments in the time and manner established 
by the commissioner. 
    Sec. 35.  Minnesota Statutes 1989 Supplement, section 
43A.316, subdivision 9, is amended to read: 
    Subd. 9.  [INSURANCE TRUST FUND.] An The insurance trust 
fund is established in the state treasury.  The consists of 
deposits consist of the premiums received from employers 
participating in the plan and transfers from the public 
employees insurance reserve holding account established by 
section 353.65, subdivision 7.  All money in the fund is 
appropriated to the commissioner to pay insurance premiums, 
approved claims, refunds, administrative costs, and other 
related service costs.  Premiums are exempt from the tax imposed 
by sections 60A.15 and 60A.198.  The commissioner shall reserve 
an amount of money to cover the estimated costs of claims 
incurred but unpaid.  The state board of investment shall invest 
the money according to section 11A.24.  Investment income and 
losses attributable to the fund shall must be credited to the 
fund.  
    Sec. 36.  Minnesota Statutes 1989 Supplement, section 
43A.316, subdivision 10, is amended to read: 
    Subd. 10.  [BIDDING REQUIREMENT EXEMPTION.] The public 
employee insurance plan is and, where applicable, the employers 
participating in it are exempt from chapter 62H, section 
471.617, subdivisions 2 and 3, and the bidding requirements 
imposed by of section 471.6161. 
    Sec. 37.  Minnesota Statutes 1988, section 43A.37, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CERTIFICATION.] Neither the commissioner 
of finance nor any other fiscal officer of this state shall may 
draw, sign, or issue, or authorize the drawing, signing, or 
issuing of any warrant on the treasurer or other disbursing 
officer of the state, nor shall may the treasurer or other 
disbursing officer of the state pay any salary or compensation 
to any person in the civil service, unless a payroll register 
for the salary or compensation containing the name of every 
person to be paid shall bear bears the certificate of the 
commissioner that the persons named in the payroll register have 
been appointed, as required by law, rules, or administrative 
procedures and that the salary or compensation is within the 
compensation plan fixed pursuant to by law.  The appointing 
authority shall certify that all employees named in the payroll 
register are performing service as required by law.  This 
provision shall does not apply to positions defined in section 
43A.08, subdivision 1, clauses (g), (h), (i), (j), and (k) (l).  
Employees to whom this subdivision does not apply may be paid on 
the state's payroll system, and the appointing authority or 
fiscal officer submitting their payroll register shall be is 
responsible for the accuracy and legality of the payments. 
    Salary or compensation claims presented against existing 
appropriations, which have been deemed in violation of the 
provisions of this subdivision, may be certified for payment if, 
upon investigation, the commissioner determines the personal 
services for which payment is claimed actually have been 
rendered in good faith without collusion and without intent to 
defraud. 
    Sec. 38.  Minnesota Statutes 1988, section 176.421, is 
amended by adding a subdivision to read: 
    Subd. 6a.  [TIME LIMIT FOR DECISION.] The court shall issue 
a decision in each case within 90 days after certification of 
the record to the court by the chief administrative law judge, 
the filing of a cross-appeal, oral argument, or a final 
submission of briefs or memoranda by the parties, whichever is 
latest.  No part of the salary of a workers' compensation court 
of appeals judge may be paid unless the judge, upon accepting 
the payment, certifies that decisions in cases in which the 
judge has participated have been issued within the time limits 
prescribed by this subdivision. 
    Sec. 39.  Minnesota Statutes 1988, section 176B.02, is 
amended to read: 
    176B.02 [PEACE OFFICERS BENEFIT FUND.] 
    There is hereby created in The peace officers benefit fund 
is an account in the state treasury an account to be known as 
peace officers benefit fund.  Funds in the peace officers 
benefit fund shall consist consisting of money appropriated to 
that fund.  The administrator of the fund is the commissioner of 
employee relations public safety, who shall follow the 
procedures specified in section 176.541, subdivisions 2, 3, and 
4. 
    Sec. 40.  Minnesota Statutes 1989 Supplement, section 
214.04, subdivision 3, is amended to read: 
    Subd. 3.  The executive secretary of each health-related 
and non-health-related board shall be the chief administrative 
officer for the board but shall not be a member of the board.  
The executive secretary shall maintain the records of the board, 
account for all fees received by it, supervise and direct 
employees servicing the board, and perform other services as 
directed by the board.  The executive secretaries and other 
employees of the following boards shall be hired by the board, 
and the executive secretaries shall be in the unclassified civil 
service, except as provided in this subdivision:  
    (1) dentistry; 
    (2) medical examiners; 
    (3) nursing; 
    (4) pharmacy; 
    (5) accountancy; 
    (6) architecture, engineering, land surveying and landscape 
architecture; 
    (7) barber examiners; 
    (8) cosmetology; 
    (9) electricity; 
    (10) teaching; 
    (11) peace officer standards and training; 
    (12) social work; 
     (13) marriage and family therapy; 
     (14) unlicensed mental health service providers; and 
    (15) office of social work and mental health boards. 
    The board of medical examiners shall set the salary of its 
executive director, which may not exceed 95 percent of the top 
of the salary range set for the commissioner of health in 
section 15A.081, subdivision 1.  The board of dentistry shall 
set the salary of its executive director, which may not exceed 
80 percent of the top of the salary range set for the 
commissioner of health in section 15A.081, subdivision 1.  The 
board shall submit a proposed salary increase to the legislative 
commission on employee relations and the full legislature for 
approval, modification, or rejection in the manner provided in 
section 43A.18, subdivision 2.  
    The executive secretaries serving the remaining boards are 
hired by those boards and are in the unclassified civil service, 
except for part-time executive secretaries, who are not required 
to be in the unclassified service.  Boards not requiring 
full-time executive secretaries may employ them on a part-time 
basis.  To the extent practicable, the sharing of part-time 
executive secretaries by boards being serviced by the same 
department is encouraged.  Persons providing services to those 
boards not listed in this subdivision, except executive 
secretaries of the boards and employees of the attorney general, 
are classified civil service employees of the department 
servicing the board.  To the extent practicable, the 
commissioner shall ensure that staff services are shared by the 
boards being serviced by the department.  If necessary, a board 
may hire part-time, temporary employees to administer and grade 
examinations. 
    Sec. 41.  Minnesota Statutes 1988, section 237.51, 
subdivision 5, is amended to read: 
    Subd. 5.  [DUTIES.] In addition to any duties specified 
elsewhere in sections 237.51 to 237.56, the board shall: 
    (1) define economic hardship, special needs, and household 
criteria so as to determine the priority of eligible applicants 
for initial distribution of devices and to determine 
circumstances necessitating provision of more than one 
communication device per household; 
    (2) establish a method to verify eligibility requirements; 
    (3) establish specifications for communication devices to 
be purchased under section 237.53, subdivision 3; 
    (4) enter contracts for the establishment and operation of 
the message relay service pursuant to section 237.54; 
    (5) inform the public and specifically the community of 
communication-impaired persons of the program; 
    (6) prepare the reports required by section 237.55; 
    (7) administer the fund created in section 237.52; 
    (8) retain the services of a program administrator whose 
position is in the unclassified service; 
    (9) adopt rules, including emergency rules, under chapter 
14 to implement the provisions of sections 237.50 to 237.56; and 
    (10) study the potential economic impact of the program on 
local communication device retailers and dispensers. 
Notwithstanding any provision of chapter 16B, the board shall 
develop guidelines for the purchase of some communication 
devices from local retailers and dispensers if the study 
determines that otherwise they will be economically harmed by 
implementation of sections 237.50 to 237.56. 
    Sec. 42.  Minnesota Statutes 1988, section 268.0121, 
subdivision 3, is amended to read: 
     Subd. 3.  [UNCLASSIFIED POSITIONS.] The commissioner may 
establish positions in the unclassified service in accordance 
with section 43A.08.  The commissioner may appoint and define 
the duties of other subordinate officers and employees as the 
commissioner deems necessary to discharge the functions of the 
department. 
     The commissioner may establish the position of director of 
the state job training office in the unclassified service. 
    Sec. 43.  Minnesota Statutes 1988, section 473.405, 
subdivision 12, is amended to read: 
    Subd. 12.  [MANAGEMENT CONTRACTS.] Notwithstanding any of 
the other provisions of sections 473.404 to 473.449, the 
commission may, in lieu of directly operating any public transit 
system or any part thereof, enter into contracts for management 
services.  The contracts may provide for compensation, incentive 
fees, the employment of personnel, the services provided, and 
other terms and conditions that the commission deems proper.  
The contracts must provide that the compensation of personnel 
who work full time or substantially full time providing 
management or other services for the commission is public data 
under chapter 13.  
     The commission may not permit a contract manager to 
supervise or manage internal audit activities.  Internal audit 
activity must be supervised and managed directly by the 
commission.  The commission shall advertise for bids and select 
contracts for management services through competitive bidding.  
The term of the contract may not be longer than two years.  The 
contract must include clear operating objectives, stating the 
service policies and goals of the commission in terms of the 
movement of various passenger groups, and performance criteria, 
by means of which success in achieving the operating objectives 
can be measured.  The commission shall consider and determine 
the feasibility and desirability of having all its transit 
management services provided internally by employees of the 
commission.  
     The employees of any public transit system operated 
pursuant to the provisions of this subdivision for the purpose 
of resolving any dispute arising under any existing or new 
collective bargaining agreement relating to the terms or 
conditions of their employment, may either engage in a concerted 
refusal to work or to invoke the processes of final and binding 
arbitration as provided by chapter 572, subject to any 
applicable provisions of the agreement not inconsistent with law.
    Sec. 44.  Minnesota Statutes 1988, section 487.13, is 
amended to read: 
    487.13 [BUDGET.] 
    The county board by resolution shall provide the budget for 
(1) the salaries of deputies, clerks and other employees in the 
office of the court administrator of county court; (2) other 
expenses necessary in the performance of the duties of said 
office and (3) the payment of premiums of any bonds required of 
the court administrator of county court or any deputy, clerk or 
employee in said office and the board is authorized to 
appropriate funds therefor and for the salary of the court 
administrator of county court.  Appeal from this resolution of 
the county board may be made in the manner prescribed in section 
485.018, subdivision 7. 
    Sec. 45.  [RATIFICATIONS.] 
    Subdivision 1.  [COUNCIL 6.] The labor agreement between 
the state of Minnesota and the American Federation of State, 
County and Municipal Employees, Council 6, approved by the 
legislative commission on employee relations on July 26, 1989, 
is ratified.  
    Subd. 2.  [PROFESSIONAL EMPLOYEES.] The labor agreement 
between the state of Minnesota and the Minnesota Association of 
Professional Employees, approved by the legislative commission 
on employee relations on September 6, 1989, is ratified.  
    Subd. 3.  [SPECIAL TEACHERS.] The labor agreement between 
the state of Minnesota and the State Residential Schools 
Education Association, approved by the legislative commission on 
employee relations on September 6, 1989, is ratified.  
    Subd. 4.  [LAW ENFORCEMENT.] The labor agreement between 
the state of Minnesota and the Bureau of Criminal Apprehension 
Agents' Association, Minnesota Conservation Officers' 
Association, and the Minnesota State Patrol Officers' 
Association, approved by the legislative commission on employee 
relations on September 6, 1989, is ratified.  
    Subd. 5.  [MIDDLE MANAGERS.] The labor agreement between 
the state of Minnesota and the Middle Management Association, 
approved by the legislative commission on employee relations on 
September 6, 1989, is ratified.  
    Subd. 6.  [ENGINEERS.] The labor agreement between the 
state of Minnesota and the Minnesota Government Engineers 
Council, approved by the legislative commission on employee 
relations on September 6, 1989, is ratified.  
    Subd. 7.  [COMMUNITY COLLEGE FACULTY.] The labor agreement 
between the state of Minnesota and the Minnesota Community 
College Faculty Association, approved by the legislative 
commission on employee relations on November 7, 1989, is 
ratified.  
    Subd. 8.  [NURSES.] The labor agreement between the state 
of Minnesota and the Minnesota Nurses Association, approved by 
the legislative commission on employee relations on December 18, 
1989, is ratified.  
    Subd. 9.  [STATE UNIVERSITY FACULTY.] The labor agreement 
between the state of Minnesota and the State University 
Inter-Faculty Organization, approved by the legislative 
commission on employee relations on December 18, 1989, is 
ratified.  
    Subd. 10.  [STATE UNIVERSITY ADMINISTRATORS.] The labor 
agreement between the state of Minnesota and the State 
University Administrative Unit, approved by the legislative 
commission on employee relations on December 18, 1989, is 
ratified.  
     Subd. 11.  [MANAGERIAL PLANS.] The commissioner of employee 
relations' plan for managerial employees, approved by the 
legislative commission on employee relations on September 6, 
1989, is ratified.  
    Subd. 12.  [COMMISSIONER'S PLAN.] The commissioner of 
employee relations' plan for unrepresented employees, approved 
by the legislative commission on employee relations on September 
6, 1989, is ratified.  
    Subd. 13.  [AGENCY HEADS.] The salary plan for positions 
listed in Minnesota Statutes, section 15A.081, approved by the 
legislative commission on employee relations on November 7, 
1989, is ratified.  
    Subd. 14.  [BOARD OF MEDICAL EXAMINERS.] The salary for the 
executive director of the board of medical examiners, approved 
by the legislative commission on employee relations on July 26, 
1989, is ratified.  
    Subd. 15.  [CHANCELLOR, STATE UNIVERSITY SYSTEM.] The 
salary for the chancellor of the Minnesota state university 
system, approved by the legislative commission on employee 
relations on December 18, 1989, is ratified.  
    Subd. 16.  [CHANCELLOR, COMMUNITY COLLEGE SYSTEM.] The 
salary for the chancellor of the Minnesota community college 
system, approved by the legislative commission on employee 
relations on December 18, 1989, is ratified.  
    Subd. 17.  [DIRECTOR, HIGHER EDUCATION COORDINATING BOARD.] 
The salary for the executive director of the Minnesota higher 
education coordinating board, approved by the legislative 
commission on employee relations on January 23, 1990, is 
ratified.  
    Subd. 18.  [BOARD OF DENTISTRY.] The salary for the 
executive director of the board of dentistry, approved by the 
legislative commission on employee relations on January 23, 
1990, is ratified. 
    Sec. 46.  [INTERIM APPROVAL.] 
    After adjournment of the 1990 session but before the 1991 
session of the legislature, the legislative commission on 
employee relations may give interim approval to any negotiated 
agreement, arbitration award, or compensation or salary plan 
submitted to it under other law.  The commission shall submit 
the agreement, award, or plan to the entire legislature for 
ratification in the same manner and with the same effect as 
provided for agreements, awards, and plans submitted after 
adjournment of the legislature in an odd-numbered year. 
    Sec. 47.  [RETIRED JUDGES; OPTION TO PURCHASE INSURANCE.] 
    The following judges may exercise the option provided in 
section 29 within 30 days after the effective date of that 
section: 
    (1) judges who retired before July 1, 1981; and 
    (2) judges who retired after July 1, 1981, but who were not 
notified of the option available under Minnesota Statutes, 
section 43A.27, subdivision 4. 
     Sec. 48.  [APPLICABILITY.] 
     Section 43 applies in the counties of Anoka, Carver, 
Dakota, Hennepin, Ramsey, Scott, and Washington. 
    Sec. 49. [REPEALER.] 
    Minnesota Statutes 1988, section 43A.081, subdivisions 1, 
2, and 5; and Minnesota Statutes 1989 Supplement, section 
485.018, subdivision 7, are repealed. 
    Sec. 50.  [EFFECTIVE DATES.] 
    Sections 1, 3, 4, 5, 20, 24, and 28 are effective July 1, 
1990.  Sections 8, 14, 15, 16, 18, 19, 29, 42, 45, 46, and 47 
are effective the day following final enactment.  Section 2 is 
effective the day following final enactment and applies to 
appointments made after June 30, 1989.  Section 38 is effective 
August 1, 1991.  Section 22 applies only to changes in 
compensation plans under that section after its effective date. 
    Presented to the governor April 26, 1990 
    Signed by the governor May 3, 1990, 5:10 p.m.