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Office of the Revisor of Statutes

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

                            CHAPTER 287-H.F.No. 2609 
                  An act relating to state employment; modifying 
                  affirmative action provisions; amending Minnesota 
                  Statutes 2002, sections 43A.02, by adding a 
                  subdivision; 43A.19, subdivision 1; repealing 
                  Minnesota Rules, part 3900.0400, subpart 11. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 43A.02, is 
        amended by adding a subdivision to read: 
           Subd. 22c.  [GOAL UNIT.] "Goal unit" means, for the 
        purposes of affirmative action, the group of jobs in an agency 
        or agency subdivision assigned to one of the federal Equal 
        Employment Opportunity (EEO) occupation categories applicable to 
        state employment. 
           Sec. 2.  Minnesota Statutes 2002, section 43A.19, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [STATEWIDE AFFIRMATIVE ACTION PROGRAM.] (a) 
        To assure that positions in the executive branch of the civil 
        service are equally accessible to all qualified persons, and to 
        eliminate the underutilization of qualified members of protected 
        groups, the commissioner shall adopt and periodically revise, if 
        necessary, a statewide affirmative action program.  The 
        statewide affirmative action program must consist of at least 
        the following: 
           (1) objectives, goals, and policies; 
           (2) procedures, standards, and assumptions to be used by 
        agencies in the preparation of agency affirmative action plans, 
        including methods by which goals and timetables are established; 
           (3) the analysis of separation patterns to determine the 
        impact on protected group members; and 
           (4) requirements for annual objectives and submission of 
        affirmative action progress reports from heads of agencies. 
           (b) The commissioner shall base establish statewide 
        affirmative action goals on for each of the federal Equal 
        Employment Opportunity (EEO) occupational categories applicable 
        to state employment, using at least the following factors: 
           (1) the percentage of members of each protected class in 
        the recruiting area population who have the necessary 
        skills; and 
           (2) the availability for promotion or transfer of current 
        employees who are members of protected classes in the recruiting 
        area population;. 
           (c) The commissioner may use any of the following factors 
        in addition to the factors required under paragraph (b): 
           (3) (1) the extent of unemployment of members of protected 
        classes in the recruiting area population; 
           (4) (2) the existence of training programs in needed skill 
        areas offered by employing agencies and other institutions; and 
           (5) (3) the expected number of available positions to be 
        filled. 
           (c) (d) The commissioner shall designate a state director 
        of diversity and equal employment opportunity who may be 
        delegated the preparation, revision, implementation, and 
        administration of the program.  The commissioner of employee 
        relations may place the director's position in the unclassified 
        service if the position meets the criteria established in 
        section 43A.08, subdivision 1a. 
           Sec. 3.  [REPEALER.] 
           Minnesota Rules, part 3900.0400, subpart 11, is repealed. 
           Presented to the governor May 18, 2004 
           Signed by the governor May 27, 2004, 6:40 a.m.