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Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 429-S.F.No. 2462 
                  An act relating to state departments and agencies; 
                  department of employee relations; providing for 
                  implementation of management training programs, 
                  authorizing the use of facsimile machines; abolishing 
                  the career executive service; amending Minnesota 
                  Statutes 1992, sections 13.67; 43A.21, subdivision 3; 
                  and 43A.32, subdivision 2; proposing coding for new 
                  law in Minnesota Statutes, chapter 16B; repealing 
                  Minnesota Statutes 1992, section 43A.21, subdivision 5.
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1992, section 13.67, is 
        amended to read: 
           13.67 [EMPLOYEE RELATIONS DATA.] 
           The following data collected, created, or maintained by the 
        department of employee relations are classified as nonpublic 
        data pursuant to section 13.02, subdivision 9:  
           (a) The commissioner's plan prepared by the department, 
        pursuant to section 3.855, which governs the compensation and 
        terms and conditions of employment for employees not covered by 
        collective bargaining agreements until the plan is submitted to 
        the legislative commission on employee relations; 
           (b) Data pertaining to grievance or interest arbitration 
        that has not been presented to the arbitrator or other party 
        during the arbitration process; 
           (c) Notes and preliminary drafts of reports prepared during 
        personnel investigations and personnel management reviews of 
        state departments and agencies; 
           (d) The managerial plan prepared by the department pursuant 
        to section 43A.18 that governs the compensation and terms and 
        conditions of employment for employees in managerial positions, 
        as specified in section 43A.18, subdivision 3, and for employees 
        in the career executive service pursuant to section 43A.18, 
        subdivision 3, clause (c), until the plan is submitted to the 
        legislative commission on employee relations; and 
           (e) Claims experience and all related information received 
        from carriers and claims administrators participating in either 
        the state group insurance plan or the public employees insurance 
        plan as defined in chapter 43A, and survey information collected 
        from employees and employers participating in these plans, 
        except when the department determines that release of the data 
        will not be detrimental to the plan. 
           Sec. 2.  [16B.482] [REIMBURSEMENT FOR MATERIALS AND 
        SERVICES.] 
           The commissioner of administration may provide materials 
        and services under chapter 16B to state legislative and judicial 
        branch agencies, political subdivisions, the University of 
        Minnesota, and federal government agencies.  Legislative and 
        judicial branch agencies, political subdivisions, the University 
        of Minnesota, and federal government agencies purchasing 
        materials and services from the commissioner of administration 
        shall reimburse the general services, intertechnologies, and 
        cooperative purchasing revolving funds for cost. 
           Sec. 3.  Minnesota Statutes 1992, section 43A.21, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PROGRAMS.] The commissioner or the 
        commissioner's designee shall design and implement a 
        management training and development program programs for the 
        state service.  The program programs shall include but not be 
        limited to mandatory training and development requirements for 
        managers and supervisors.  No management or supervisory training 
        shall be conducted by any agency in the executive branch without 
        specific approval of the commissioner.  No person shall acquire 
        permanent status in a management or supervisory position in the 
        classified service until training and development requirements 
        have been met.  
           Sec. 4.  Minnesota Statutes 1992, section 43A.32, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LEAVES OF ABSENCE FOR ELECTED PUBLIC OFFICIALS, 
        CANDIDATES.] Except as herein provided any officer or employee 
        in the classified service shall:  
           (a) Take leave of absence upon assuming an elected federal 
        office or an elected state office other than state legislative 
        office or, if elected to state legislative office, during times 
        that the legislature is in session; 
           (b) Take leave of absence upon assuming any elected public 
        office other than enumerated in clause (a), if, in the opinion 
        of the commissioner, the holding of the office conflicts with 
        regular state employment; and 
           (c) Upon request, be granted leave of absence upon becoming 
        a candidate, or during the course of candidacy, for any elected 
        public office. 
           All requests for opinions of the commissioner and all 
        opinions from the commissioner under the provisions of clause 
        (b) shall be in writing and shall be delivered by certified mail 
        or by use of a facsimile machine. 
           The commissioner shall issue an opinion under the 
        provisions of clause (b) within seven calendar days of receipt 
        of the request. 
           Sec. 5.  [REPEALER.] 
           Minnesota Statutes 1992, section 43A.21, subdivision 5, is 
        repealed. 
           Presented to the governor April 11, 1994 
           Signed by the governor April 13, 1994, 1:25 p.m.