1.1                          A bill for an act
  1.2             relating to state government; providing that certain 
  1.3             laws apply to the legislative branch; amending 
  1.4             Minnesota Statutes 1994, sections 3.09; 43A.05, 
  1.5             subdivision 5; 43A.19, subdivision 1; and 177.23, 
  1.6             subdivision 6. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 3.09, is 
  1.9   amended to read: 
  1.10     3.09 [COMPENSATION OF EMPLOYEES.] 
  1.11     Subject to sections 177.24 and 177.25, the compensation of 
  1.12  officers and employees shall be at the rates per day fixed by 
  1.13  the permanent rules of the electing or appointing body or 
  1.14  recommended by its committee on legislative expense.  
  1.15     Sec. 2.  Minnesota Statutes 1994, section 43A.05, 
  1.16  subdivision 5, is amended to read: 
  1.17     Subd. 5.  [COMPARABILITY ADJUSTMENTS.] The commissioner 
  1.18  shall compile, subject to availability of funds and personnel, 
  1.19  and submit to the legislative commission on employee relations 
  1.20  by January 1 of each odd-numbered year a list showing, by 
  1.21  bargaining unit, and by plan for executive branch employees 
  1.22  covered by a plan established under section 43A.18, those 
  1.23  female-dominated classes and those male-dominated classes in 
  1.24  state civil service for which a compensation inequity exists 
  1.25  based on comparability of the value of the work.  The 
  1.26  commissioner shall also submit to the legislative commission on 
  2.1   employee relations, along with the list, an estimate of the 
  2.2   appropriation necessary for providing comparability adjustments 
  2.3   for classes on the list.  The house of representatives, the 
  2.4   senate, and the legislative coordinating commission shall each 
  2.5   compile and submit to the legislative commission on employee 
  2.6   relations by January 1 of each odd-numbered year similar lists 
  2.7   of compensation inequities and proposed appropriations for 
  2.8   employees under their respective jurisdictions.  The commission 
  2.9   shall review and approve, disapprove, or modify the list and 
  2.10  proposed appropriation.  The commission's action must be 
  2.11  submitted to the full legislature.  The full legislature may 
  2.12  approve, reject, or modify the commission's action.  The 
  2.13  commission shall show the distribution of the proposed 
  2.14  appropriation among the bargaining units and among the plans 
  2.15  established under 43A.18.  Each bargaining unit and each plan 
  2.16  must be allocated that proportion of the total proposed 
  2.17  appropriation that equals the cost of providing adjustments for 
  2.18  the positions in the unit or plan approved by the commission for 
  2.19  comparability adjustments divided by the total cost of providing 
  2.20  adjustments for all positions on the list approved by the 
  2.21  commission for comparability adjustments.  Distribution of any 
  2.22  appropriated funds within each bargaining unit or plan must be 
  2.23  determined by collective bargaining agreements or by plans. 
  2.24     Sec. 3.  Minnesota Statutes 1994, section 43A.19, 
  2.25  subdivision 1, is amended to read: 
  2.26     Subdivision 1.  [STATEWIDE AFFIRMATIVE ACTION PROGRAM.] (a) 
  2.27  To assure that positions in the executive ~~branch~~ and legislative 
  2.28  branches of the civil service are equally accessible to all 
  2.29  qualified persons, and to eliminate the underutilization of 
  2.30  qualified members of protected groups, the commissioner shall 
  2.31  adopt and periodically revise, if necessary, a statewide 
  2.32  affirmative action program.  The statewide affirmative action 
  2.33  program must consist of at least the following: 
  2.34     (1) objectives, goals, and policies; 
  2.35     (2) procedures, standards, and assumptions to be used by 
  2.36  agencies in the preparation of agency affirmative action plans, 
  3.1   including methods by which goals and timetables are established; 
  3.2   and 
  3.3      (3) requirements for annual objectives and submission of 
  3.4   affirmative action progress reports from heads of agencies. 
  3.5      (b) The commissioner shall base affirmative action goals on 
  3.6   at least the following factors: 
  3.7      (1) the percentage of members of each protected class in 
  3.8   the recruiting area population who have the necessary skills; 
  3.9      (2) the availability for promotion or transfer of members 
  3.10  of protected classes in the recruiting area population; 
  3.11     (3) the extent of unemployment of members of protected 
  3.12  classes in the recruiting area population; 
  3.13     (4) the existence of training programs in needed skill 
  3.14  areas offered by employing agencies and other institutions; and 
  3.15     (5) the expected number of available positions to be filled.
  3.16     (c) The commissioner shall designate a state director of 
  3.17  equal employment opportunity who may be delegated the 
  3.18  preparation, revision, implementation, and administration of the 
  3.19  program.  The commissioner of employee relations may place the 
  3.20  director's position in the unclassified service if the position 
  3.21  meets the criteria established in section 43A.08, subdivision 1a.
  3.22     Sec. 4.  Minnesota Statutes 1994, section 177.23, 
  3.23  subdivision 6, is amended to read: 
  3.24     Subd. 6.  [EMPLOYER.] "Employer" means any individual, 
  3.25  partnership, association, corporation, business trust, or any 
  3.26  person or group of persons acting directly or indirectly in the 
  3.27  interest of an employer in relation to an employee, including 
  3.28  the legislature.