1.1 	A bill for an act
1.2 	relating to employee relations; modifying state
1.3 	employment provisions; amending Minnesota Statutes
1.4 	2004, sections 43A.08, subdivision 1a; 43A.10,
1.5 	subdivision 6a; 43A.15, subdivision 3; 43A.27,
1.6 	subdivision 2; 43A.31, by adding a subdivision.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 43A.08,
1.9 	subdivision 1a, is amended to read:
1.10 		Subd. 1a.Additional unclassified positions.  Appointing
1.11 	authorities for the following agencies may designate additional
1.12 	unclassified positions according to this subdivision:  the
1.13 	Departments of Administration; Agriculture; Commerce;
1.14 	Corrections; Education; Employee Relations; Employment and
1.15 	Economic Development; Finance; Health; Human Rights; Labor and
1.16 	Industry; Natural Resources; Public Safety; Human Services;
1.17 	Revenue; Transportation; and Veterans Affairs; the Housing
1.18 	Finance and Pollution Control Agencies; the State Lottery; the
1.19 	state Board of Investment; the Office of Administrative
1.20 	Hearings; the Office of Environmental Assistance; the Offices of
1.21 	the Attorney General, Secretary of State, and State Auditor; the
1.22 	Minnesota State Colleges and Universities; the Higher Education
1.23 	Services Office; the Perpich Center for Arts Education; and the
1.24 	Minnesota Zoological Board; Explore Minnesota Tourism; and the
1.25 	Iron Range Resources and Rehabilitation Board.
1.26 	A position designated by an appointing authority according
2.1 	to this subdivision must meet the following standards and
2.2 	criteria:
2.3 	(1) the designation of the position would not be contrary
2.4 	to other law relating specifically to that agency;
2.5 	(2) the person occupying the position would report directly
2.6 	to the agency head or ,deputy agency head, or assistant agency
2.7 	head and would be designated as part of the agency head's
2.8 	management team;
2.9 	(3) the duties of the position would involve significant
2.10 	discretion and substantial involvement in the development,
2.11 	interpretation, and implementation of agency policy;
2.12 	(4) the duties of the position would not require primarily
2.13 	personnel, accounting, or other technical expertise where
2.14 	continuity in the position would be important;
2.15 	(5) there would be a need for the person occupying the
2.16 	position to be accountable to, loyal to, and compatible with,
2.17 	the governor and the agency head, the employing statutory board
2.18 	or commission, or the employing constitutional officer;
2.19 	(6) the position would be at the level of division or
2.20 	bureau director or assistant to the agency head; and
2.21 	(7) the commissioner has approved the designation as being
2.22 	consistent with the standards and criteria in this subdivision.

2.23 	Sec. 2. Minnesota Statutes 2004, section 43A.10,
2.24 	subdivision 6a, is amended to read:
2.25 		Subd. 6a.Limited consideration of applicants.  The
2.26 	commissioner may limit consideration to only those applicants
2.27 	who have indicated availability for the geographic location,
2.28 	employment condition, travel status, and job grouping of the
2.29 	vacant position and who have indicated possession of the minimum
2.30 	qualifications for the vacant position.  In addition, the
2.31 	commissioner may limit consideration to only those applicants
2.32 	who are:
2.33 	(1) employees on a layoff list for the job class of the
2.34 	position.  The appointing authority shall consider those names
2.35 	as provided in collective bargaining agreements and plans
2.36 	established under section 43A.18;
3.1 	(2) current employees of the civil service, the Minnesota
3.2 	State Retirement System, the Public Employees Retirement
3.3 	Association, and the Teacher's Retirement Association, or
3.4 	employees of one or more agencies or organizational units under
3.5 	them;
3.6 	(3) former permanent and probationary employees of the job
3.7 	class who separated from the class in good standing within the
3.8 	past four years and have indicated availability for
3.9 	reinstatement to the class; or
3.10 	(4) current permanent and probationary employees who have
3.11 	indicated availability for transfer or demotion to the job class.

3.12 	Sec. 3. Minnesota Statutes 2004, section 43A.15,
3.13 	subdivision 3, is amended to read:
3.14 		Subd. 3.Temporary appointments.  The commissioner may
3.15 	authorize an appointing authority to make a temporary
3.16 	appointment of up to six months.  The commissioner may, in the
3.17 	best interest of the state, grant an extension of a temporary
3.18 	appointment or approve a temporary appointment to fill a vacancy
3.19 	created by an approved leave of absence to a maximum period of
3.20 	one year.  When practicable, the appointing authority may search
3.21 	the employment database for qualified applicants or, when
3.22 	necessary,the commissioner may certify any qualified eligible
3.23 	from an eligible list for the temporary appointment, but may 
3.24 	authorize the appointment of any person deemed qualified by the
3.25 	appointing authority.
3.26 	No person shall be employed on a temporary basis in any one
3.27 	agency for more than 12 months in any 24-month period.

3.28 	Sec. 4. Minnesota Statutes 2004, section 43A.27,
3.29 	subdivision 2, is amended to read:
3.30 		Subd. 2.Elective eligibility.  The following persons, if
3.31 	not otherwise covered by section 43A.24, may elect coverage for
3.32 	themselves or their dependents at their own expense:
3.33 	(a) a state employee, including persons on layoff from a
3.34 	civil service position as provided in collective bargaining
3.35 	agreements or a plan established pursuant to section 43A.18;
3.36 	(b) an employee of the Board of Regents of the University
4.1 	of Minnesota, including persons on layoff, as provided in
4.2 	collective bargaining agreements or by the Board of Regents;
4.3 	(c) an officer or employee of the State Agricultural
4.4 	Society, State Horticultural Society, Sibley House Association,
4.5 	Minnesota Humanities Commission,Minnesota Area Industry Labor
4.6 	Management Councils, Minnesota International Center, Minnesota
4.7 	Academy of Science, Science Museum of Minnesota, Minnesota
4.8 	Safety Council, state Office of Disabled American Veterans,
4.9 	state Office of the American Legion and its auxiliary, state
4.10 	Office of Veterans of Foreign Wars and its auxiliary, or state
4.11 	Office of the Military Order of the Purple Heart;
4.12 	(d) a civilian employee of the adjutant general who is paid
4.13 	from federal funds and who is not eligible for benefits from any
4.14 	federal civilian employee group life insurance or health
4.15 	benefits program; and
4.16 	(e) an officer or employee of the State Capitol Credit
4.17 	Union or the Highway Credit Union.

4.18 	Sec. 5. Minnesota Statutes 2004, section 43A.31, is
4.19 	amended by adding a subdivision to read:
4.20 		Subd. 6.Dissemination of information. The commissioner
4.21 	may electronically transmit to active employees all information
4.22 	necessary to administer sections 43A.22 to 43A.30, including,
4.23 	but not limited to, information necessary for open enrollment
4.24 	elections.  The commissioner must provide notification that the
4.25 	information will be electronically transmitted.