Minnesota 2023-2024 Regular Session

Minnesota House Bill HF383 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to state government; adopting recommendations of the Advisory Task
3	3	1.3 Force on State Employment and Retention of Employees with Disabilities; requiring
4	4	1.4 a report; amending Minnesota Statutes 2022, sections 43A.01, subdivision 2;
5	5	1.5 43A.02, by adding subdivisions; 43A.04, subdivisions 1a, 4, 7; 43A.09; 43A.10,
6	6	1.6 subdivisions 2a, 7; 43A.14; 43A.15, subdivision 14, by adding a subdivision;
7	7	1.7 43A.19, subdivision 1; 43A.191; 43A.21, subdivisions 1, 2, 3, by adding a
8	8	1.8 subdivision; 43A.36, subdivision 1; 43A.421; proposing coding for new law in
9	9	1.9 Minnesota Statutes, chapter 43A.
10	10	1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
11	11	1.11 Section 1. Minnesota Statutes 2022, section 43A.01, subdivision 2, is amended to read:
12	12	1.12 Subd. 2.Precedence of merit principles and nondiscrimination.It is the policy of
13	13	1.13this state to provide for equal employment opportunity consistent with chapter 363A by
14	14	1.14ensuring that all personnel actions be based on the ability to perform the duties and
15	15	1.15responsibilities assigned to the position without regard to age, race, creed or religion, color,
16	16	1.16disability, sex, national origin, marital status, status with regard to public assistance, or
17	17	1.17political affiliation. It is the policy of this state to take affirmative action to eliminate the
18	18	1.18underutilization of qualified members of protected groups in the civil service, where such
19	19	1.19action is not in conflict with other provisions of this chapter or chapter 179, in order to
20	20	1.20correct imbalances and eliminate the present effects of past discrimination and support full
21	21	1.21and equal participation in the social and economic life in the state. Managers and supervisors
22	22	1.22that are responsible for hiring must be made aware of bias that can be present in the hiring
23	23	1.23process.
24	24	1Section 1.
25	25	REVISOR SS/LN 23-0058812/14/22
26	26	State of Minnesota
27	27	This Document can be made available
28	28	in alternative formats upon request
29	29	HOUSE OF REPRESENTATIVES
30	30	H. F. No. 383
31	31	NINETY-THIRD SESSION 2.1 No contract executed pursuant to chapter 179A shall modify, waive or abridge this
32	32	2.2section and sections 43A.07 to 43A.121, 43A.15, and 43A.17 to 43A.21, except to the extent
33	33	2.3expressly permitted in those sections.
34	34	2.4 Sec. 2. Minnesota Statutes 2022, section 43A.02, is amended by adding a subdivision to
35	35	2.5read:
36	36	2.6 Subd. 1a.Accommodation fund."Accommodation fund" means the fund created under
37	37	2.7section 16B.4805 for reimbursing state agencies for eligible expenses incurred in providing
38	38	2.8reasonable accommodations to state employees with disabilities.
39	39	2.9 Sec. 3. Minnesota Statutes 2022, section 43A.02, is amended by adding a subdivision to
40	40	2.10read:
41	41	2.11 Subd. 3a.Americans with Disabilities Act."Americans With Disabilities Act" or
42	42	2.12"ADA" means the Americans with Disabilities Act of 1990, as amended, United States
43	43	2.13Code title 42, sections 12101 to 12117.
44	44	2.14 Sec. 4. Minnesota Statutes 2022, section 43A.02, is amended by adding a subdivision to
45	45	2.15read:
46	46	2.16 Subd. 18a.Digital accessibility."Digital accessibility" means information and
47	47	2.17communication technology, including products, devices, services, and content that are
48	48	2.18designed and built so people with disabilities can use or participate in them, as defined by
49	49	2.19the accessibility standard adopted under section 16E.03, subdivision 9. Any statutory
50	50	2.20reference to accessible or accessibility in the context of information and communication
51	51	2.21technology includes digital accessibility.
52	52	2.22 Sec. 5. Minnesota Statutes 2022, section 43A.02, is amended by adding a subdivision to
53	53	2.23read:
54	54	2.24 Subd. 35a.Reasonable accommodation."Reasonable accommodation" has the meaning
55	55	2.25given under section 363A.08, subdivision 6.
56	56	2.26 Sec. 6. Minnesota Statutes 2022, section 43A.04, subdivision 1a, is amended to read:
57	57	2.27 Subd. 1a.Mission; efficiency.It is part of the department's mission that within the
58	58	2.28department's resources the commissioner shall endeavor to:
59	59	2.29 (1) prevent the waste or unnecessary spending of public money;
60	60	2Sec. 6.
61	61	REVISOR SS/LN 23-0058812/14/22 3.1 (2) use innovative fiscal and human resource practices to manage the state's resources
62	62	3.2and operate the department as efficiently as possible;
63	63	3.3 (3) coordinate the department's activities wherever appropriate with the activities of
64	64	3.4other governmental agencies;
65	65	3.5 (4) use technology where appropriate to increase agency productivity, improve customer
66	66	3.6service, increase public access to information about government, and increase public
67	67	3.7participation in the business of government;
68	68	3.8 (5) ensure that all technology utilized is accessible to employees and provided in a timely
69	69	3.9manner as described in sections 363A.42 and 363A.43 and the accessibility standards under
70	70	3.10section 16E.03, subdivisions 2, clause (3), and 9;
71	71	3.11 (5) (6) utilize constructive and cooperative labor-management practices to the extent
72	72	3.12otherwise required by chapters 43A and 179A;
73	73	3.13 (6) (7) report to the legislature on the performance of agency operations and the
74	74	3.14accomplishment of agency goals in the agency's biennial budget according to section 16A.10,
75	75	3.15subdivision 1; and
76	76	3.16 (7) (8) recommend to the legislature appropriate changes in law necessary to carry out
77	77	3.17the mission and improve the performance of the department.; and
78	78	3.18 (9) endeavor to use equitable and inclusive practices to attract and recruit protected class
79	79	3.19employees; actively eliminate discrimination against protected group employees; and ensure
80	80	3.20equitable access to development and training, advancement, and promotional opportunities.
81	81	3.21 Sec. 7. Minnesota Statutes 2022, section 43A.04, subdivision 4, is amended to read:
82	82	3.22 Subd. 4.Administrative procedures.The commissioner shall develop administrative
83	83	3.23procedures, which are not subject to the rulemaking provisions of the Administrative
84	84	3.24Procedure Act, to effect provisions of chapter 43A which do not directly affect the rights
85	85	3.25of or processes available to the general public. The commissioner may also adopt
86	86	3.26administrative procedures, not subject to the Administrative Procedure Act, which concern
87	87	3.27topics affecting the general public if those procedures concern only the internal management
88	88	3.28of the department or other agencies and if those elements of the topics which affect the
89	89	3.29general public are the subject of department rules.
90	90	3.30 Administrative procedures shall be reproduced and made available for comment in
91	91	3.31accessible digital formats under section 16E.03 to agencies, employees, and appropriate
92	92	3Sec. 7.
93	93	REVISOR SS/LN 23-0058812/14/22 4.1exclusive representatives certified pursuant to sections 179A.01 to 179A.25, for at least 15
94	94	4.2days prior to implementation and shall include but are not limited to:
95	95	4.3 (1) maintenance and administration of a plan of classification for all positions in the
96	96	4.4classified service and for comparisons of unclassified positions with positions in the classified
97	97	4.5service;
98	98	4.6 (2) procedures for administration of collective bargaining agreements and plans
99	99	4.7established pursuant to section 43A.18 concerning total compensation and the terms and
100	100	4.8conditions of employment for employees;
101	101	4.9 (3) procedures for effecting all personnel actions internal to the state service such as
102	102	4.10processes and requirements for agencies to publicize job openings and consider applicants
103	103	4.11who are referred or nominate themselves, conduct of selection procedures limited to
104	104	4.12employees, noncompetitive and qualifying appointments of employees and leaves of absence;
105	105	4.13 (4) maintenance and administration of employee performance appraisal, training and
106	106	4.14other programs; and
107	107	4.15 (5) procedures for pilots of the reengineered employee selection process. Employment
108	108	4.16provisions of this chapter, associated personnel rules adopted under subdivision 3, and
109	109	4.17administrative procedures established under clauses (1) and (3) may be waived for the
110	110	4.18purposes of these pilots. The pilots may affect the rights of and processes available to
111	111	4.19members of the general public seeking employment in the classified service. The
112	112	4.20commissioner will provide public notice of any pilot directly affecting the rights of and
113	113	4.21processes available to the general public and make the administrative procedures available
114	114	4.22for comment to the general public, agencies, employees, and appropriate exclusive
115	115	4.23representatives certified pursuant to sections 179A.01 to 179A.25 for at least 30 days prior
116	116	4.24to implementation. The public notice must be provided in an accessible digital format under
117	117	4.25section 16E.03. The process for providing comment shall include multiple formats to ensure
118	118	4.26equal access, including via telephone, digital content, and email.
119	119	4.27 Sec. 8. Minnesota Statutes 2022, section 43A.04, subdivision 7, is amended to read:
120	120	4.28 Subd. 7.Reporting.The commissioner shall issue a written report by February 1 and
121	121	4.29August 1 of each year to the chair of the Legislative Coordinating Commission. The report
122	122	4.30must list the number of appointments made under each of the categories in section 43A.15,
123	123	4.31the number made to the classified service other than under section 43A.15, and the number
124	124	4.32made under section 43A.08, subdivision 2a, during the six-month periods ending June 30
125	125	4.33and December 31, respectively. The report must be posted online and must be accessible
126	126	4Sec. 8.
127	127	REVISOR SS/LN 23-0058812/14/22 5.1under section 16E.03. The commissioner shall advertise these reports in multiple formats
128	128	5.2to ensure broad dissemination.
129	129	5.3 Sec. 9. Minnesota Statutes 2022, section 43A.09, is amended to read:
130	130	5.4 43A.09 RECRUITMENT .
131	131	5.5 The commissioner in cooperation with appointing authorities of all state agencies shall
132	132	5.6maintain an active recruiting program publicly conducted and designed to attract sufficient
133	133	5.7numbers of well-qualified people to meet the needs of the civil service, and to enhance the
134	134	5.8image and public esteem of state service employment. Special emphasis shall be given to
135	135	5.9recruitment of veterans and protected group members, including qualified individuals with
136	136	5.10disabilities, to assist state agencies in meeting affirmative action goals to achieve a balanced
137	137	5.11work force. All technology and digital content related to recruiting and hiring shall be
138	138	5.12accessible to people with disabilities.
139	139	5.13 Sec. 10. Minnesota Statutes 2022, section 43A.10, subdivision 2a, is amended to read:
140	140	5.14 Subd. 2a.Application requirements.(a) The commissioner shall establish and maintain
141	141	5.15a database of applicants for state employment. The commissioner shall establish, publicize,
142	142	5.16and enforce minimum requirements for application. applications, and shall ensure that:
143	143	5.17 (1) all postings shall be written so as to be relevant to the duties of the job and be
144	144	5.18nondiscriminatory;
145	145	5.19 (2) the appointing authority shall enforce enforces the established minimum requirements
146	146	5.20for application;
147	147	5.21 (3) the 700-hour on-the-job demonstration experience is considered an alternative,
148	148	5.22noncompetitive hiring process for classified positions for qualified individuals who express
149	149	5.23interest directly to the appointing authority. with disabilities; and
150	150	5.24 (4) hiring managers and others involved in the selection process are aware of the
151	151	5.25accommodation fund under section 16B.4805 to ensure that people with disabilities obtain
152	152	5.26timely and appropriate accommodations within the hiring process and the state agency can
153	153	5.27request reimbursement.
154	154	5.28 (b) The commissioner shall ensure that all online application processes and all digital
155	155	5.29content relating to the database referenced in paragraph (a) shall be accessible for people
156	156	5.30with disabilities.
157	157	5Sec. 10.
158	158	REVISOR SS/LN 23-0058812/14/22 6.1 Sec. 11. Minnesota Statutes 2022, section 43A.10, subdivision 7, is amended to read:
159	159	6.2 Subd. 7.Selection process accommodations.Upon request, the commissioner or
160	160	6.3appointing authority shall provide selection process reasonable accommodations to an
161	161	6.4applicant with a disability that does not prevent performance of the duties of the position.
162	162	6.5The accommodations must provide an opportunity to fairly assess the ability of the applicant
163	163	6.6to perform the duties of the position notwithstanding the disability but must preserve, to the
164	164	6.7extent feasible, the validity of the selection process and equitable comparison of results
165	165	6.8with the results of competitors without qualified applicants with disabilities. to ensure full
166	166	6.9participation in the selection process, including use of the accommodation fund under section
167	167	6.1016B.4805 during the selection process. The commissioner must ensure that agencies are
168	168	6.11made aware of the accommodation fund and its critical function of removing cost
169	169	6.12considerations from interview selection decisions.
170	170	6.13 Sec. 12. Minnesota Statutes 2022, section 43A.14, is amended to read:
171	171	6.14 43A.14 APPOINTMENTS.
172	172	6.15 All appointments to the classified service shall be based upon merit and ability to perform
173	173	6.16the duties of the position and the needs of the employing agency, including the need to
174	174	6.17achieve and maintain a representative work force, including representation of people with
175	175	6.18disabilities. For employees in a bargaining unit as defined in section 179A.10 appointments
176	176	6.19shall be subject to applicable provisions of collective bargaining agreements.
177	177	6.20 Sec. 13. Minnesota Statutes 2022, section 43A.15, subdivision 14, is amended to read:
178	178	6.21 Subd. 14.700-hour on-the-job demonstration process and appointment
179	179	6.22experience.(a) The commissioner shall establish consult with the Department of Employment
180	180	6.23and Economic Development's Vocational Rehabilitation Services and State Services for the
181	181	6.24Blind and other disability experts in establishing, reviewing, and modifying the qualifying
182	182	6.25procedures for applicants whose disabilities are of such a significant nature that the applicants
183	183	6.26are unable to demonstrate their abilities in the selection process. The qualifying procedures
184	184	6.27must consist of up to 700 hours of on-the-job trial work demonstration experience. Up to
185	185	6.28three persons with significant disabilities and their job coach may be allowed to demonstrate
186	186	6.29their job competence as a unit through the on-the-job trial work experience selection
187	187	6.30procedure. This The 700-hour on-the-job demonstration process must be limited to applicants
188	188	6.31for whom there is no reasonable accommodation in the selection process experience is an
189	189	6.32alternative, noncompetitive hiring process for qualified applicants with disabilities. All
190	190	6.33permanent executive branch classified positions are eligible for a 700-hour on-the-job
191	191	6Sec. 13.
192	192	REVISOR SS/LN 23-0058812/14/22 7.1demonstration experience, and all permanent classified job postings must provide information
193	193	7.2regarding the on-the-job demonstration overview and certification process.
194	194	7.3 (b) The commissioner may authorize the probationary appointment of an applicant based
195	195	7.4on the request of the appointing authority that documents that the applicant has successfully
196	196	7.5demonstrated qualifications for the position through completion of an on-the-job trial work
197	197	7.6demonstration experience. Qualified applicants should be converted to permanent,
198	198	7.7probationary appointments at the point in the 700-hour on-the-job experience at which they
199	199	7.8have demonstrated the ability to perform the essential functions of the job with or without
200	200	7.9reasonable accommodation. The implementation of this subdivision may not be deemed a
201	201	7.10violation of chapter 43A or 363A.
202	202	7.11 (c) The commissioner and the ADA and disability employment director, described in
203	203	7.12section 43A.19, subdivision 1, paragraph (e), are responsible for the administration and
204	204	7.13oversight of the 700-hour on-the-job demonstration experience, including the establishment
205	205	7.14of policies and procedures, data collection and reporting requirements, and compliance.
206	206	7.15 (d) The commissioner or the commissioner's designee shall design and implement a
207	207	7.16training curriculum for the 700-hour on-the-job demonstration experience. All executive
208	208	7.17leaders, managers, supervisors, human resources professionals, affirmative action officers,
209	209	7.18and ADA coordinators must receive annual training on the program.
210	210	7.19 (e) The commissioner or the commissioner's designee shall develop, administer, and
211	211	7.20make public a formal grievance process for individuals in the 700-hour on-the-job
212	212	7.21demonstration experience under this subdivision and supported work program under section
213	213	7.2243A.421, subdivision 2.
214	214	7.23 (f) Appointing agencies shall ensure that reasonable accommodation requests, including
215	215	7.24accessible technology or alternative formats, are provided in a timely manner during the
216	216	7.25application and hiring process and throughout the 700-hour on-the-job demonstration
217	217	7.26experience period pursuant to sections 363A.42 and 363A.43 and the accessibility standards
218	218	7.27under section 16E.03, subdivisions 2, clause (3), and 9.
219	219	7.28 Sec. 14. Minnesota Statutes 2022, section 43A.15, is amended by adding a subdivision to
220	220	7.29read:
221	221	7.30 Subd. 14a.Report and survey.(a) The commissioner shall annually collect
222	222	7.31enterprise-wide statistics on the 700-hour on-the-job demonstration experience under
223	223	7.32subdivision 14. The statistics collected and reported annually must include:
224	224	7.33 (1) the number of certifications submitted, granted, and rejected;
225	225	7Sec. 14.
226	226	REVISOR SS/LN 23-0058812/14/22 8.1 (2) the number of applicants interviewed, appointed, and converted to probationary
227	227	8.2status;
228	228	8.3 (3) the number of employees retained after one year in state employment;
229	229	8.4 (4) the number of employees with terminated appointments and the reason for termination;
230	230	8.5 (5) the average length of time in an on-the-job demonstration appointment;
231	231	8.6 (6) the number and category of entity certifications; and
232	232	8.7 (7) by department or agency, the number of appointments and hires and the number of
233	233	8.8managers and supervisors trained.
234	234	8.9 (b) The commissioner shall develop and administer an annual survey of participants in
235	235	8.10the 700-hour on-the-job demonstration experience who are hired and those who are not
236	236	8.11hired, as well as the managers of participants in the 700-hour on-the-job demonstration
237	237	8.12experience.
238	238	8.13 (c) The commissioner must consult at least annually with the Department of Employment
239	239	8.14and Economic Development's Vocational Rehabilitation Services and State Services for the
240	240	8.15Blind and other disability experts to review the survey results, assess program satisfaction,
241	241	8.16and recommend areas for continuous improvement.
242	242	8.17 (d) The commissioner shall annually develop and publish a report on the department's
243	243	8.18website that includes the data described in paragraph (a), survey results described in
244	244	8.19paragraph (b), and recommendations for continuous improvement described in paragraph
245	245	8.20(c).
246	246	8.21 Sec. 15. Minnesota Statutes 2022, section 43A.19, subdivision 1, is amended to read:
247	247	8.22 Subdivision 1.Statewide affirmative action program.(a) To assure that positions in
248	248	8.23the executive branch of the civil service are equally accessible to all qualified persons, and
249	249	8.24to eliminate the underutilization of qualified members of protected groups effects of past
250	250	8.25and present discrimination, intended or unintended, on the basis of protected group status,
251	251	8.26the commissioner shall adopt and periodically revise, if necessary, a statewide affirmative
252	252	8.27action program. The statewide affirmative action program must consist of at least the
253	253	8.28following:
254	254	8.29 (1) objectives, goals, and policies;
255	255	8.30 (2) procedures, standards, and assumptions to be used by agencies in the preparation of
256	256	8.31agency affirmative action plans, including methods by which goals and timetables are
257	257	8.32established;
258	258	8Sec. 15.
259	259	REVISOR SS/LN 23-0058812/14/22 9.1 (3) the analysis of separation patterns to determine the impact on protected group
260	260	9.2members; and
261	261	9.3 (4) requirements for annual objectives and submission of affirmative action progress
262	262	9.4reports from heads of agencies.
263	263	9.5Agency heads must report the data in clause (3) to the state Director of Recruitment,
264	264	9.6Retention and Affirmative Action and the state ADA coordinator, in addition to being
265	265	9.7available to anyone upon request. The commissioner of management and budget must
266	266	9.8annually post the aggregate and agency-level reports under clause (4) on the agency's website.
267	267	9.9 (b) The commissioner shall establish statewide affirmative action goals for each of the
268	268	9.10federal Equal Employment Opportunity (EEO) occupational categories applicable to state
269	269	9.11employment, using at least the following factors:
270	270	9.12 (1) the percentage of members of each protected class in the recruiting area population
271	271	9.13who have the necessary skills; and
272	272	9.14 (2) the availability for promotion or transfer of current employees who are members of
273	273	9.15protected classes.
274	274	9.16 (c) The commissioner may use any of the following factors in addition to the factors
275	275	9.17required under paragraph (b):
276	276	9.18 (1) the extent of unemployment of members of protected classes in the recruiting area
277	277	9.19population;
278	278	9.20 (2) the existence of training programs in needed skill areas offered by employing agencies
279	279	9.21and other institutions; and
280	280	9.22 (3) the expected number of available positions to be filled.
281	281	9.23 (d) The commissioner shall designate a state director of diversity and equal employment
282	282	9.24opportunity who may be delegated the preparation, revision, implementation, and
283	283	9.25administration of the program. The commissioner of management and budget may place
284	284	9.26the director's position in the unclassified service if the position meets the criteria established
285	285	9.27in section 43A.08, subdivision 1a.
286	286	9.28 (e) The commissioner shall designate a statewide ADA and disability employment
287	287	9.29director who may be delegated the preparation, revision, implementation, evaluation, and
288	288	9.30administration of the program. This position must administer the 700-hour on-the-job
289	289	9.31demonstration experience under the supported work program and disabled veteran's
290	290	9.32employment programs. The ADA and disability employment director shall have education,
291	291	9Sec. 15.
292	292	REVISOR SS/LN 23-0058812/14/22 10.1knowledge, and skills in disability policy, employment, and the ADA. The commissioner
293	293	10.2may place the director's position in the unclassified service if the position meets the criteria
294	294	10.3established in section 43A.08, subdivision 1a.
295	295	10.4 (f) Agency affirmative action plans, including reports and progress, must be posted on
296	296	10.5the agency's public and internal websites within 30 days of being approved. The
297	297	10.6commissioner of management and budget shall post a link to all executive branch
298	298	10.7agency-approved affirmative action plans on its public website. Accessible copies of the
299	299	10.8affirmative action plan must be available to all employees and members of the general public
300	300	10.9upon request.
301	301	10.10Sec. 16. Minnesota Statutes 2022, section 43A.191, is amended to read:
302	302	10.11 43A.191 AGENCY AFFIRMATIVE ACTION PROGRAMS.
303	303	10.12 Subdivision 1.Affirmative action officers.(a) Each agency with 1,000 employees or
304	304	10.13more shall have at least one full-time affirmative action officer, who shall have primary
305	305	10.14responsibility for developing and maintaining the agency's affirmative action plan. The
306	306	10.15officer shall devote full time to affirmative action activities. The affirmative action officer
307	307	10.16shall report administratively and on policy issues directly to the agency head. Pursuant to
308	308	10.17section 43A.08, subdivision 1a, clause (4), the affirmative action officer must not be an
309	309	10.18unclassified employee.
310	310	10.19 (b) The agency heads shall assign affirmative action officers or designees for agencies
311	311	10.20with fewer than 1,000 employees. The designees shall report administratively and on policy
312	312	10.21issues directly to the agency head.
313	313	10.22 (c) An agency may not use authority under section 43A.08, subdivision 1a, to place the
314	314	10.23position of an agency affirmative action officer or designee in the unclassified service.
315	315	10.24 Subd. 2.Agency affirmative action plans.(a) The head of each agency in the executive
316	316	10.25branch shall prepare and implement an agency affirmative action plan consistent with this
317	317	10.26section and rules issued under section 43A.04, subdivision 3.
318	318	10.27 (b) The agency plan must include a plan for the provision of reasonable accommodation
319	319	10.28in the hiring and promotion of qualified disabled persons with disabilities. The reasonable
320	320	10.29accommodation plan must consist of at least the following:
321	321	10.30 (1) procedures for compliance with sections 16E.03, subdivision 9, 363A.08 to 363A.19,
322	322	10.31and 363A.28, subdivision 10, and, where appropriate, regulations implementing United
323	323	10.32States Code, title 29, section 794, as amended through December 31, 1984, which is section
324	324	10.33504 of the Rehabilitation Act of 1973, as amended and the Americans with Disabilities Act,
325	325	10Sec. 16.
326	326	REVISOR SS/LN 23-0058812/14/22 11.1United States Code, title 42, sections 101 to 108, 201 to 231, 241 to 246, 401, 402, and 501
327	327	11.2to 514;
328	328	11.3 (2) methods and procedures for providing timely access to reasonable accommodation
329	329	11.4for disabled job applicants, current employees, and employees accommodations during the
330	330	11.5application process, throughout current employment, and when seeking promotion;
331	331	11.6 (3) provisions for funding reasonable accommodations; and
332	332	11.7 (4) the number of requests made, the number of requests approved, and the number of
333	333	11.8requests reimbursed from the state accommodation account under section 16B.4805.
334	334	11.9 (c) The agency plan must be prepared by the agency head with the assistance of the
335	335	11.10agency affirmative action officer and the director of diversity and equal employment
336	336	11.11opportunity. The agency may consult with the Council on Disability, vocational rehabilitation
337	337	11.12services, state services for the blind, and other disability experts to review and make
338	338	11.13recommendations on recruitment and retention of people with disabilities.
339	339	11.14 (d) The agency plan must identify any positions in the agency that can be used for
340	340	11.15supported employment as defined in section 268A.01, subdivision 13, of persons with severe
341	341	11.16significant disabilities. The agency shall report this information to the commissioner. An
342	342	11.17agency that hires more than one supported worker in the identified positions must receive
343	343	11.18recognition for each supported worker toward meeting the agency's affirmative action goals
344	344	11.19and objectives.
345	345	11.20 (e) An agency affirmative action plan may not be implemented without the
346	346	11.21commissioner's approval.
347	347	11.22 Subd. 2a.Disability recruitment, hiring, and advancement.(a) Each agency affirmative
348	348	11.23action plan must include a section that provides sufficient assurances, procedures, and
349	349	11.24commitments to provide adequate hiring, placement, and advancement opportunities for
350	350	11.25individuals with disabilities at all levels of state employment. The criteria for this section
351	351	11.26of the agency affirmative action plan must include a section on disability hiring and
352	352	11.27advancement, including the provisions in this subdivision.
353	353	11.28 (b) The plan must describe specific actions to ensure that a broad range of individuals
354	354	11.29with disabilities will be aware of and be encouraged to apply for job vacancies when eligible.
355	355	11.30The actions must include, at a minimum:
356	356	11.31 (1) the use of programs and resources that identify job applicants with disabilities who
357	357	11.32are eligible to be appointed under a hiring authority that takes disability into account,
358	358	11.33consistent with the demonstration program under section 43A.15, subdivision 14. The
359	359	11Sec. 16.
360	360	REVISOR SS/LN 23-0058812/14/22 12.1programs may include the Department of Employment and Economic Development's
361	361	12.2Vocational Rehabilitation Services and State Services for the Blind that provide the
362	362	12.3qualifications necessary for positions within the agency to individuals with disabilities.
363	363	12.4Resources may include databases of individuals with disabilities who previously applied to
364	364	12.5the agency but were not hired for the positions they applied for, and training and internship
365	365	12.6programs that lead directly to employment for individuals with disabilities; and
366	366	12.7 (2) establishment and maintenance of contacts, which may include formal agreements,
367	367	12.8with organizations that specialize in providing assistance to individuals with disabilities in
368	368	12.9securing and maintaining employment, such as the Department of Employment and Economic
369	369	12.10Development's Vocational Rehabilitation Services, State Services for the Blind, community
370	370	12.11rehabilitation programs, day training and habilitation programs, and employment network
371	371	12.12service providers.
372	372	12.13 (c) The plan must ensure that the agency has designated sufficient staff to handle any
373	373	12.14disability-related issues that arise during the application and selection process, and shall
374	374	12.15require the agency to provide staff with sufficient training, support, and other resources to
375	375	12.16carry out the responsibilities under this section. Responsibilities include, at a minimum:
376	376	12.17 (1) ensuring that disability-related questions from members of the public regarding the
377	377	12.18agency's application and selection processes are answered promptly and correctly, including
378	378	12.19questions about reasonable accommodations needed by job applicants during the application
379	379	12.20and selection process and questions about how individuals may apply for positions under
380	380	12.21hiring authorities that take disability into account;
381	381	12.22 (2) processing requests for reasonable accommodations needed by job applicants during
382	382	12.23the application and placement process and ensuring that the agency provides such
383	383	12.24accommodations when required;
384	384	12.25 (3) accepting applications for a position under hiring authorities that take disability into
385	385	12.26account;
386	386	12.27 (4) if an individual has applied for appointment to a particular position under a hiring
387	387	12.28authority that takes disability into account, determining whether the individual is eligible
388	388	12.29for appointment under such authority and, if so, forwarding the individual's application to
389	389	12.30the relevant hiring officials with an explanation of how and when the individual may be
390	390	12.31appointed, consistent with all applicable laws; and
391	391	12.32 (5) overseeing any other agency programs designed to increase hiring of individuals
392	392	12.33with disabilities.
393	393	12Sec. 16.
394	394	REVISOR SS/LN 23-0058812/14/22 13.1 Subd. 3.Audits; sanctions and incentives.(a) The commissioner shall annually audit
395	395	13.2the record of each agency to determine the rate of compliance with affirmative action
396	396	13.3requirements. The department must report all audit findings to the governor's office if a
397	397	13.4state agency fails to meet any of its affirmative action requirements for two consecutive
398	398	13.5years.
399	399	13.6 (b) By March 1 of each odd-numbered year, the commissioner shall submit a report on
400	400	13.7affirmative action progress of each agency and the state as a whole to the governor and to
401	401	13.8the Finance Committee of the senate, the Ways and Means Committee of the house of
402	402	13.9representatives, the Governmental Operations Committees of both houses of the legislature,
403	403	13.10and the Legislative Coordinating Commission. The report must include noncompetitive
404	404	13.11appointments made under section 43A.08, subdivision 2a, or 43A.15, subdivisions 3 to 7,
405	405	13.1210, and 12, and cover each agency's rate of compliance with affirmative action requirements.
406	406	13.13The report must be made available to the public on the department's website.
407	407	13.14 (c) An agency that does not meet its hiring goals must justify its nonaffirmative action
408	408	13.15hires in competitive appointments and noncompetitive appointments made under section
409	409	13.1643A.08, subdivisions 1, clauses (9), (11), and (16), and 2a; and section 43A.15, subdivisions
410	410	13.173, 10, 12, and 13, according to criteria issued by the department of Management and Budget.
411	411	13.18In addition, an agency shall:
412	412	13.19 (1) demonstrate a good faith effort to recruit protected group members by following an
413	413	13.20active recruitment plan;
414	414	13.21 (2) implement a coordinated retention plan; and
415	415	13.22 (3) have an established complaint resolution procedure.
416	416	13.23 (d) The commissioner shall develop reporting standards and procedures for measuring
417	417	13.24compliance.
418	418	13.25 (e) An agency is encouraged to develop other innovative ways to promote awareness,
419	419	13.26acceptance, and appreciation for diversity and affirmative action. These innovations will
420	420	13.27be considered when evaluating an agency's compliance with this section.
421	421	13.28 (f) An agency not in compliance with affirmative action requirements of this section
422	422	13.29must identify methods and programs to improve performance, to reallocate resources
423	423	13.30internally in order to increase support for affirmative action programs, and to submit program
424	424	13.31and resource reallocation proposals to the commissioner for approval. An agency must
425	425	13.32submit these proposals within 120 days of being notified by the commissioner that it is out
426	426	13Sec. 16.
427	427	REVISOR SS/LN 23-0058812/14/22 14.1of compliance with affirmative action requirements. The commissioner shall monitor
428	428	14.2quarterly the affirmative action programs of an agency found to be out of compliance.
429	429	14.3 (g) The commissioner shall establish a program to recognize an agency that has made
430	430	14.4significant and measurable progress in implementing an affirmative action plan.
431	431	14.5 (h) The commissioner must maintain and make available, on an annual basis, summary
432	432	14.6data as defined in section 13.02, subdivision 19, on the percentage of members of each
433	433	14.7protected group as defined in section 43A.02, subdivision 33, that were hired in the executive
434	434	14.8branch in each of the federal Equal Employment Opportunity (EEO) occupational categories
435	435	14.9applicable to state employment. Nothing in this provision, however, shall require any person
436	436	14.10to disclose their protected group status, nor shall it require the commissioner or any
437	437	14.11appointing authority to determine the protected group status of any person.
438	438	14.12Sec. 17. Minnesota Statutes 2022, section 43A.21, subdivision 1, is amended to read:
439	439	14.13 Subdivision 1.Authority; purpose.The commissioner, in coordination with the statewide
440	440	14.14ADA and disability employment director and chief inclusion officer, shall develop and
441	441	14.15interpret policy and administer and, to the extent possible, conduct programs in training and
442	442	14.16development for employees to, at a minimum:
443	443	14.17 (1) promote individual, group and agency efficiency and effectiveness.;
444	444	14.18 (2) build employee capacity to deliver accessible and inclusive services to the public,
445	445	14.19including people with disabilities; and
446	446	14.20 (3) support an inclusive work environment for employees with disabilities and employees
447	447	14.21of other protected classes.
448	448	14.22Sec. 18. Minnesota Statutes 2022, section 43A.21, subdivision 2, is amended to read:
449	449	14.23 Subd. 2.Responsibilities.(a) The commissioner is responsible for developing and
450	450	14.24coordinating consistent training policy which shall be binding on all state agencies in the
451	451	14.25executive branch. The policies shall include conditions under which employees may receive
452	452	14.26or be assigned to training; internships and work-training programs; minimum and maximum
453	453	14.27training standards for employee participation and agency reporting requirements. At a
454	454	14.28minimum, state employees must receive annual training on statutes or policies related to:
455	455	14.29 (1) Title II of the Americans with Disabilities Act;
456	456	14.30 (2) the state's affirmative action policy;
457	457	14.31 (3) equal opportunity employment; and
458	458	14Sec. 18.
459	459	REVISOR SS/LN 23-0058812/14/22 15.1 (4) digital accessibility standards.
460	460	15.2 (b) Career development training is a permissive subject of collective bargaining. Each
461	461	15.3appointing authority in the executive branch, including the Minnesota State Retirement
462	462	15.4System and the Teachers Retirement Association, is primarily responsible for planning,
463	463	15.5budgeting, conducting and evaluating training programs.
464	464	15.6 Sec. 19. Minnesota Statutes 2022, section 43A.21, subdivision 3, is amended to read:
465	465	15.7 Subd. 3.Programs.(a) The commissioner or the commissioner's designee shall design
466	466	15.8and implement management training and development programs for the state service. The
467	467	15.9programs shall include but not be limited to mandatory training and development
468	468	15.10requirements for managers and supervisors. No person shall acquire permanent status in a
469	469	15.11management or supervisory position in the classified service until training and development
470	470	15.12requirements have been met.
471	471	15.13 (b) All managers and supervisors must receive training on inclusive work environments,
472	472	15.14disability awareness, cultural competence, and other equity and diversity areas.
473	473	15.15 (c) Agencies shall conduct an annual Americans with Disabilities Act self-assessment
474	474	15.16to ensure training programs meet the standards for universal design in learning.
475	475	15.17Sec. 20. Minnesota Statutes 2022, section 43A.21, is amended by adding a subdivision to
476	476	15.18read:
477	477	15.19 Subd. 6.Accessibility.The commissioner is responsible for ensuring that all training
478	478	15.20content and platforms meet the accessibility standards under section 16E.03, subdivisions
479	479	15.212, clause (3), and 9. Reasonable accommodations must be implemented in a timely and
480	480	15.22appropriate manner to ensure that all state employees can participate in state-offered trainings.
481	481	15.23All state employees, including ADA coordinators and human resources staff, must have the
482	482	15.24training and resources to implement an accessible and inclusive workplace.
483	483	15.25Sec. 21. Minnesota Statutes 2022, section 43A.36, subdivision 1, is amended to read:
484	484	15.26 Subdivision 1.Cooperation; state agencies.(a) The commissioner may delegate
485	485	15.27administrative functions associated with the duties of the commissioner to appointing
486	486	15.28authorities who have the capability to perform such functions when the commissioner
487	487	15.29determines that it is in the best interests of the state civil service. The commissioner shall
488	488	15.30consult with agencies and agencies shall cooperate as appropriate in implementation of this
489	489	15.31chapter.
490	490	15Sec. 21.
491	491	REVISOR SS/LN 23-0058812/14/22 16.1 (b) The commissioner, in conjunction with appointing authorities, shall analyze and
492	492	16.2assess current and future human resource requirements of the civil service and coordinate
493	493	16.3personnel actions throughout the civil service to meet the requirements. The commissioner
494	494	16.4shall provide recruiting assistance and make the applicant database available to appointing
495	495	16.5authorities to use in making appointments to positions in the unclassified service.
496	496	16.6 (c) The head of each agency in the executive branch shall designate an agency personnel
497	497	16.7officer. The agency personnel officer shall be accountable to the agency head for all personnel
498	498	16.8functions prescribed by laws, rules, collective bargaining agreements, the commissioner
499	499	16.9and the agency head. Except when otherwise prescribed by the agency head in a specific
500	500	16.10instance, the personnel officer shall be assumed to be the authority accountable to the agency
501	501	16.11head over any other officer or employee in the agency for personnel functions.
502	502	16.12 (d) The head of each agency in the executive branch shall designate an affirmative action
503	503	16.13officer who shall have primary responsibility for the administration of the agency's
504	504	16.14affirmative action plan. The officer shall report directly to the head of the agency on
505	505	16.15affirmative action matters.
506	506	16.16 (e) Pursuant to section 43A.431, the head of each agency in the executive branch shall
507	507	16.17designate an ADA coordinator who shall have primary responsibility for the administration
508	508	16.18of ADA policies, procedures, trainings, requests, and arbitration. The coordinator shall
509	509	16.19report directly to the commissioner.
510	510	16.20Sec. 22. Minnesota Statutes 2022, section 43A.421, is amended to read:
511	511	16.21 43A.421 SUPPORTED WORK PROGRAM.
512	512	16.22 Subdivision 1.Program established.A total of 50 full-time Active positions within
513	513	16.23agencies of state government may be selected for inclusion for a supported work program
514	514	16.24for persons with severe significant disabilities. A full-time position may be shared by up to
515	515	16.25three persons with severe significant disabilities and their job coach. The job coach is not
516	516	16.26a state employee within the scope of section 43A.02, subdivision 21, or 179A.03, subdivision
517	517	16.2714, unless the job coach holds another position within the scope of section 43A.02,
518	518	16.28subdivision 21, or 179A.03, subdivision 14. All classified supported work job postings need
519	519	16.29to link to the overview and application process for the supported work program.
520	520	16.30 Subd. 2.Responsibilities.(a) The commissioner is responsible for the administration
521	521	16.31and oversight of the supported work program, including the establishment of policies and
522	522	16.32procedures, data collection and reporting requirements, and compliance.
523	523	16Sec. 22.
524	524	REVISOR SS/LN 23-0058812/14/22 17.1 (b) The commissioner or the commissioner's designee shall design and implement a
525	525	17.2training curriculum for the supported work program. All executive leaders, managers,
526	526	17.3supervisors, human resources professionals, affirmative action officers, and Americans with
527	527	17.4Disabilities Act coordinators must receive annual training regarding the program.
528	528	17.5 (c) The commissioner or the commissioner's designee shall develop, administer, and
529	529	17.6make public a formal grievance process for individuals in the program.
530	530	17.7 Sec. 23. [43A.431] AMERICANS WITH DISABILITIES ACT COORDINATORS.
531	531	17.8 (a) Each state agency shall designate at least one ADA coordinator who is responsible
532	532	17.9for implementation of Title I of the ADA, to advance the prohibition on discrimination
533	533	17.10against qualified individuals with disabilities in job application procedures, hiring, firing,
534	534	17.11advancement, compensation, job training and other terms, conditions, and privileges of
535	535	17.12employment. The ADA coordinator must have demonstrated knowledge and experience in:
536	536	17.13 (1) the recruitment, selection, development, and retention of people with disabilities;
537	537	17.14 (2) workforce data analysis;
538	538	17.15 (3) disability employment laws and regulations; and
539	539	17.16 (4) strategy development for universal and inclusive workplaces.
540	540	17.17 (b) The ADA coordinator is responsible for overseeing the development, implementation,
541	541	17.18monitoring, and evaluation of effective strategies to attract, engage, and advance people
542	542	17.19with disabilities. This includes assisting employees with identifying, acquiring, and
543	543	17.20maintaining effective accommodations and submitting reimbursement requests to the
544	544	17.21statewide accommodation fund under section 16B.4805.
545	545	17.22 (c) The ADA coordinator is responsible for collecting data and preparing reports to
546	546	17.23ensure transparency and accountability and must serve as a key liaison for disability
547	547	17.24employment and training initiatives.
548	548	17.25Sec. 24. ADVISORY COMMITTEE ON SERVICE WORKER STANDARDS.
549	549	17.26 The commissioner of management and budget shall convene an advisory committee to
550	550	17.27review and make recommendations regarding updates and clarifications to the service worker
551	551	17.28class specifications under Minnesota Statutes, section 43A.071. By January 15, 2023, the
552	552	17.29commissioner shall report to the legislative committees with jurisdiction over state
553	553	17.30government employees on recommendations for changes to Minnesota Statutes, section
554	554	17.3143A.071.
555	555	17Sec. 24.
556	556	REVISOR SS/LN 23-0058812/14/22