1.1 A bill for an act
1.2 relating to state government; adopting recommendations of the Advisory Task
1.3 Force on State Employment and Retention of Employees with Disabilities; requiring
1.4 a report; amending Minnesota Statutes 2022, sections 43A.01, subdivision 2;
1.5 43A.02, by adding subdivisions; 43A.04, subdivisions 1a, 4, 7; 43A.09; 43A.10,
1.6 subdivisions 2a, 7; 43A.14; 43A.15, subdivision 14, by adding a subdivision;
1.7 43A.19, subdivision 1; 43A.191; 43A.21, subdivisions 1, 2, 3, by adding a
1.8 subdivision; 43A.36, subdivision 1; 43A.421; proposing coding for new law in
1.9 Minnesota Statutes, chapter 43A.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2022, section 43A.01, subdivision 2, is amended to read:
1.12 Subd. 2.Precedence of merit principles and nondiscrimination.It is the policy of
1.13this state to provide for equal employment opportunity consistent with chapter 363A by
1.14ensuring that all personnel actions be based on the ability to perform the duties and
1.15responsibilities assigned to the position without regard to age, race, creed or religion, color,
1.16disability, sex, national origin, marital status, status with regard to public assistance, or
1.17political affiliation. It is the policy of this state to take affirmative action to eliminate the
1.18underutilization of qualified members of protected groups in the civil service, where such
1.19action is not in conflict with other provisions of this chapter or chapter 179, in order to
1.20correct imbalances and eliminate the present effects of past discrimination and support full
1.21and equal participation in the social and economic life in the state. Managers and supervisors
1.22that are responsible for hiring must be made aware of bias that can be present in the hiring
1.23process.
1Section 1.
REVISOR SS/LN 23-0058812/14/22
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 383
NINETY-THIRD SESSION 2.1 No contract executed pursuant to chapter 179A shall modify, waive or abridge this
2.2section and sections 43A.07 to 43A.121, 43A.15, and 43A.17 to 43A.21, except to the extent
2.3expressly permitted in those sections.
2.4 Sec. 2. Minnesota Statutes 2022, section 43A.02, is amended by adding a subdivision to
2.5read:
2.6 Subd. 1a.Accommodation fund."Accommodation fund" means the fund created under
2.7section 16B.4805 for reimbursing state agencies for eligible expenses incurred in providing
2.8reasonable accommodations to state employees with disabilities.
2.9 Sec. 3. Minnesota Statutes 2022, section 43A.02, is amended by adding a subdivision to
2.10read:
2.11 Subd. 3a.Americans with Disabilities Act."Americans With Disabilities Act" or
2.12"ADA" means the Americans with Disabilities Act of 1990, as amended, United States
2.13Code title 42, sections 12101 to 12117.
2.14 Sec. 4. Minnesota Statutes 2022, section 43A.02, is amended by adding a subdivision to
2.15read:
2.16 Subd. 18a.Digital accessibility."Digital accessibility" means information and
2.17communication technology, including products, devices, services, and content that are
2.18designed and built so people with disabilities can use or participate in them, as defined by
2.19the accessibility standard adopted under section 16E.03, subdivision 9. Any statutory
2.20reference to accessible or accessibility in the context of information and communication
2.21technology includes digital accessibility.
2.22 Sec. 5. Minnesota Statutes 2022, section 43A.02, is amended by adding a subdivision to
2.23read:
2.24 Subd. 35a.Reasonable accommodation."Reasonable accommodation" has the meaning
2.25given under section 363A.08, subdivision 6.
2.26 Sec. 6. Minnesota Statutes 2022, section 43A.04, subdivision 1a, is amended to read:
2.27 Subd. 1a.Mission; efficiency.It is part of the department's mission that within the
2.28department's resources the commissioner shall endeavor to:
2.29 (1) prevent the waste or unnecessary spending of public money;
2Sec. 6.
REVISOR SS/LN 23-0058812/14/22 3.1 (2) use innovative fiscal and human resource practices to manage the state's resources
3.2and operate the department as efficiently as possible;
3.3 (3) coordinate the department's activities wherever appropriate with the activities of
3.4other governmental agencies;
3.5 (4) use technology where appropriate to increase agency productivity, improve customer
3.6service, increase public access to information about government, and increase public
3.7participation in the business of government;
3.8 (5) ensure that all technology utilized is accessible to employees and provided in a timely
3.9manner as described in sections 363A.42 and 363A.43 and the accessibility standards under
3.10section 16E.03, subdivisions 2, clause (3), and 9;
3.11 (5) (6) utilize constructive and cooperative labor-management practices to the extent
3.12otherwise required by chapters 43A and 179A;
3.13 (6) (7) report to the legislature on the performance of agency operations and the
3.14accomplishment of agency goals in the agency's biennial budget according to section 16A.10,
3.15subdivision 1; and
3.16 (7) (8) recommend to the legislature appropriate changes in law necessary to carry out
3.17the mission and improve the performance of the department.; and
3.18 (9) endeavor to use equitable and inclusive practices to attract and recruit protected class
3.19employees; actively eliminate discrimination against protected group employees; and ensure
3.20equitable access to development and training, advancement, and promotional opportunities.
3.21 Sec. 7. Minnesota Statutes 2022, section 43A.04, subdivision 4, is amended to read:
3.22 Subd. 4.Administrative procedures.The commissioner shall develop administrative
3.23procedures, which are not subject to the rulemaking provisions of the Administrative
3.24Procedure Act, to effect provisions of chapter 43A which do not directly affect the rights
3.25of or processes available to the general public. The commissioner may also adopt
3.26administrative procedures, not subject to the Administrative Procedure Act, which concern
3.27topics affecting the general public if those procedures concern only the internal management
3.28of the department or other agencies and if those elements of the topics which affect the
3.29general public are the subject of department rules.
3.30 Administrative procedures shall be reproduced and made available for comment in
3.31accessible digital formats under section 16E.03 to agencies, employees, and appropriate
3Sec. 7.
REVISOR SS/LN 23-0058812/14/22 4.1exclusive representatives certified pursuant to sections 179A.01 to 179A.25, for at least 15
4.2days prior to implementation and shall include but are not limited to:
4.3 (1) maintenance and administration of a plan of classification for all positions in the
4.4classified service and for comparisons of unclassified positions with positions in the classified
4.5service;
4.6 (2) procedures for administration of collective bargaining agreements and plans
4.7established pursuant to section 43A.18 concerning total compensation and the terms and
4.8conditions of employment for employees;
4.9 (3) procedures for effecting all personnel actions internal to the state service such as
4.10processes and requirements for agencies to publicize job openings and consider applicants
4.11who are referred or nominate themselves, conduct of selection procedures limited to
4.12employees, noncompetitive and qualifying appointments of employees and leaves of absence;
4.13 (4) maintenance and administration of employee performance appraisal, training and
4.14other programs; and
4.15 (5) procedures for pilots of the reengineered employee selection process. Employment
4.16provisions of this chapter, associated personnel rules adopted under subdivision 3, and
4.17administrative procedures established under clauses (1) and (3) may be waived for the
4.18purposes of these pilots. The pilots may affect the rights of and processes available to
4.19members of the general public seeking employment in the classified service. The
4.20commissioner will provide public notice of any pilot directly affecting the rights of and
4.21processes available to the general public and make the administrative procedures available
4.22for comment to the general public, agencies, employees, and appropriate exclusive
4.23representatives certified pursuant to sections 179A.01 to 179A.25 for at least 30 days prior
4.24to implementation. The public notice must be provided in an accessible digital format under
4.25section 16E.03. The process for providing comment shall include multiple formats to ensure
4.26equal access, including via telephone, digital content, and email.
4.27 Sec. 8. Minnesota Statutes 2022, section 43A.04, subdivision 7, is amended to read:
4.28 Subd. 7.Reporting.The commissioner shall issue a written report by February 1 and
4.29August 1 of each year to the chair of the Legislative Coordinating Commission. The report
4.30must list the number of appointments made under each of the categories in section 43A.15,
4.31the number made to the classified service other than under section 43A.15, and the number
4.32made under section 43A.08, subdivision 2a, during the six-month periods ending June 30
4.33and December 31, respectively. The report must be posted online and must be accessible
4Sec. 8.
REVISOR SS/LN 23-0058812/14/22 5.1under section 16E.03. The commissioner shall advertise these reports in multiple formats
5.2to ensure broad dissemination.
5.3 Sec. 9. Minnesota Statutes 2022, section 43A.09, is amended to read:
5.4 43A.09 RECRUITMENT .
5.5 The commissioner in cooperation with appointing authorities of all state agencies shall
5.6maintain an active recruiting program publicly conducted and designed to attract sufficient
5.7numbers of well-qualified people to meet the needs of the civil service, and to enhance the
5.8image and public esteem of state service employment. Special emphasis shall be given to
5.9recruitment of veterans and protected group members, including qualified individuals with
5.10disabilities, to assist state agencies in meeting affirmative action goals to achieve a balanced
5.11work force. All technology and digital content related to recruiting and hiring shall be
5.12accessible to people with disabilities.
5.13 Sec. 10. Minnesota Statutes 2022, section 43A.10, subdivision 2a, is amended to read:
5.14 Subd. 2a.Application requirements.(a) The commissioner shall establish and maintain
5.15a database of applicants for state employment. The commissioner shall establish, publicize,
5.16and enforce minimum requirements for application. applications, and shall ensure that:
5.17 (1) all postings shall be written so as to be relevant to the duties of the job and be
5.18nondiscriminatory;
5.19 (2) the appointing authority shall enforce enforces the established minimum requirements
5.20for application;
5.21 (3) the 700-hour on-the-job demonstration experience is considered an alternative,
5.22noncompetitive hiring process for classified positions for qualified individuals who express
5.23interest directly to the appointing authority. with disabilities; and
5.24 (4) hiring managers and others involved in the selection process are aware of the
5.25accommodation fund under section 16B.4805 to ensure that people with disabilities obtain
5.26timely and appropriate accommodations within the hiring process and the state agency can
5.27request reimbursement.
5.28 (b) The commissioner shall ensure that all online application processes and all digital
5.29content relating to the database referenced in paragraph (a) shall be accessible for people
5.30with disabilities.
5Sec. 10.
REVISOR SS/LN 23-0058812/14/22 6.1 Sec. 11. Minnesota Statutes 2022, section 43A.10, subdivision 7, is amended to read:
6.2 Subd. 7.Selection process accommodations.Upon request, the commissioner or
6.3appointing authority shall provide selection process reasonable accommodations to an
6.4applicant with a disability that does not prevent performance of the duties of the position.
6.5The accommodations must provide an opportunity to fairly assess the ability of the applicant
6.6to perform the duties of the position notwithstanding the disability but must preserve, to the
6.7extent feasible, the validity of the selection process and equitable comparison of results
6.8with the results of competitors without qualified applicants with disabilities. to ensure full
6.9participation in the selection process, including use of the accommodation fund under section
6.1016B.4805 during the selection process. The commissioner must ensure that agencies are
6.11made aware of the accommodation fund and its critical function of removing cost
6.12considerations from interview selection decisions.
6.13 Sec. 12. Minnesota Statutes 2022, section 43A.14, is amended to read:
6.14 43A.14 APPOINTMENTS.
6.15 All appointments to the classified service shall be based upon merit and ability to perform
6.16the duties of the position and the needs of the employing agency, including the need to
6.17achieve and maintain a representative work force, including representation of people with
6.18disabilities. For employees in a bargaining unit as defined in section 179A.10 appointments
6.19shall be subject to applicable provisions of collective bargaining agreements.
6.20 Sec. 13. Minnesota Statutes 2022, section 43A.15, subdivision 14, is amended to read:
6.21 Subd. 14.700-hour on-the-job demonstration process and appointment
6.22experience.(a) The commissioner shall establish consult with the Department of Employment
6.23and Economic Development's Vocational Rehabilitation Services and State Services for the
6.24Blind and other disability experts in establishing, reviewing, and modifying the qualifying
6.25procedures for applicants whose disabilities are of such a significant nature that the applicants
6.26are unable to demonstrate their abilities in the selection process. The qualifying procedures
6.27must consist of up to 700 hours of on-the-job trial work demonstration experience. Up to
6.28three persons with significant disabilities and their job coach may be allowed to demonstrate
6.29their job competence as a unit through the on-the-job trial work experience selection
6.30procedure. This The 700-hour on-the-job demonstration process must be limited to applicants
6.31for whom there is no reasonable accommodation in the selection process experience is an
6.32alternative, noncompetitive hiring process for qualified applicants with disabilities. All
6.33permanent executive branch classified positions are eligible for a 700-hour on-the-job
6Sec. 13.
REVISOR SS/LN 23-0058812/14/22 7.1demonstration experience, and all permanent classified job postings must provide information
7.2regarding the on-the-job demonstration overview and certification process.
7.3 (b) The commissioner may authorize the probationary appointment of an applicant based
7.4on the request of the appointing authority that documents that the applicant has successfully
7.5demonstrated qualifications for the position through completion of an on-the-job trial work
7.6demonstration experience. Qualified applicants should be converted to permanent,
7.7probationary appointments at the point in the 700-hour on-the-job experience at which they
7.8have demonstrated the ability to perform the essential functions of the job with or without
7.9reasonable accommodation. The implementation of this subdivision may not be deemed a
7.10violation of chapter 43A or 363A.
7.11 (c) The commissioner and the ADA and disability employment director, described in
7.12section 43A.19, subdivision 1, paragraph (e), are responsible for the administration and
7.13oversight of the 700-hour on-the-job demonstration experience, including the establishment
7.14of policies and procedures, data collection and reporting requirements, and compliance.
7.15 (d) The commissioner or the commissioner's designee shall design and implement a
7.16training curriculum for the 700-hour on-the-job demonstration experience. All executive
7.17leaders, managers, supervisors, human resources professionals, affirmative action officers,
7.18and ADA coordinators must receive annual training on the program.
7.19 (e) The commissioner or the commissioner's designee shall develop, administer, and
7.20make public a formal grievance process for individuals in the 700-hour on-the-job
7.21demonstration experience under this subdivision and supported work program under section
7.2243A.421, subdivision 2.
7.23 (f) Appointing agencies shall ensure that reasonable accommodation requests, including
7.24accessible technology or alternative formats, are provided in a timely manner during the
7.25application and hiring process and throughout the 700-hour on-the-job demonstration
7.26experience period pursuant to sections 363A.42 and 363A.43 and the accessibility standards
7.27under section 16E.03, subdivisions 2, clause (3), and 9.
7.28 Sec. 14. Minnesota Statutes 2022, section 43A.15, is amended by adding a subdivision to
7.29read:
7.30 Subd. 14a.Report and survey.(a) The commissioner shall annually collect
7.31enterprise-wide statistics on the 700-hour on-the-job demonstration experience under
7.32subdivision 14. The statistics collected and reported annually must include:
7.33 (1) the number of certifications submitted, granted, and rejected;
7Sec. 14.
REVISOR SS/LN 23-0058812/14/22 8.1 (2) the number of applicants interviewed, appointed, and converted to probationary
8.2status;
8.3 (3) the number of employees retained after one year in state employment;
8.4 (4) the number of employees with terminated appointments and the reason for termination;
8.5 (5) the average length of time in an on-the-job demonstration appointment;
8.6 (6) the number and category of entity certifications; and
8.7 (7) by department or agency, the number of appointments and hires and the number of
8.8managers and supervisors trained.
8.9 (b) The commissioner shall develop and administer an annual survey of participants in
8.10the 700-hour on-the-job demonstration experience who are hired and those who are not
8.11hired, as well as the managers of participants in the 700-hour on-the-job demonstration
8.12experience.
8.13 (c) The commissioner must consult at least annually with the Department of Employment
8.14and Economic Development's Vocational Rehabilitation Services and State Services for the
8.15Blind and other disability experts to review the survey results, assess program satisfaction,
8.16and recommend areas for continuous improvement.
8.17 (d) The commissioner shall annually develop and publish a report on the department's
8.18website that includes the data described in paragraph (a), survey results described in
8.19paragraph (b), and recommendations for continuous improvement described in paragraph
8.20(c).
8.21 Sec. 15. Minnesota Statutes 2022, section 43A.19, subdivision 1, is amended to read:
8.22 Subdivision 1.Statewide affirmative action program.(a) To assure that positions in
8.23the executive branch of the civil service are equally accessible to all qualified persons, and
8.24to eliminate the underutilization of qualified members of protected groups effects of past
8.25and present discrimination, intended or unintended, on the basis of protected group status,
8.26the commissioner shall adopt and periodically revise, if necessary, a statewide affirmative
8.27action program. The statewide affirmative action program must consist of at least the
8.28following:
8.29 (1) objectives, goals, and policies;
8.30 (2) procedures, standards, and assumptions to be used by agencies in the preparation of
8.31agency affirmative action plans, including methods by which goals and timetables are
8.32established;
8Sec. 15.
REVISOR SS/LN 23-0058812/14/22 9.1 (3) the analysis of separation patterns to determine the impact on protected group
9.2members; and
9.3 (4) requirements for annual objectives and submission of affirmative action progress
9.4reports from heads of agencies.
9.5Agency heads must report the data in clause (3) to the state Director of Recruitment,
9.6Retention and Affirmative Action and the state ADA coordinator, in addition to being
9.7available to anyone upon request. The commissioner of management and budget must
9.8annually post the aggregate and agency-level reports under clause (4) on the agency's website.
9.9 (b) The commissioner shall establish statewide affirmative action goals for each of the
9.10federal Equal Employment Opportunity (EEO) occupational categories applicable to state
9.11employment, using at least the following factors:
9.12 (1) the percentage of members of each protected class in the recruiting area population
9.13who have the necessary skills; and
9.14 (2) the availability for promotion or transfer of current employees who are members of
9.15protected classes.
9.16 (c) The commissioner may use any of the following factors in addition to the factors
9.17required under paragraph (b):
9.18 (1) the extent of unemployment of members of protected classes in the recruiting area
9.19population;
9.20 (2) the existence of training programs in needed skill areas offered by employing agencies
9.21and other institutions; and
9.22 (3) the expected number of available positions to be filled.
9.23 (d) The commissioner shall designate a state director of diversity and equal employment
9.24opportunity who may be delegated the preparation, revision, implementation, and
9.25administration of the program. The commissioner of management and budget may place
9.26the director's position in the unclassified service if the position meets the criteria established
9.27in section 43A.08, subdivision 1a.
9.28 (e) The commissioner shall designate a statewide ADA and disability employment
9.29director who may be delegated the preparation, revision, implementation, evaluation, and
9.30administration of the program. This position must administer the 700-hour on-the-job
9.31demonstration experience under the supported work program and disabled veteran's
9.32employment programs. The ADA and disability employment director shall have education,
9Sec. 15.
REVISOR SS/LN 23-0058812/14/22 10.1knowledge, and skills in disability policy, employment, and the ADA. The commissioner
10.2may place the director's position in the unclassified service if the position meets the criteria
10.3established in section 43A.08, subdivision 1a.
10.4 (f) Agency affirmative action plans, including reports and progress, must be posted on
10.5the agency's public and internal websites within 30 days of being approved. The
10.6commissioner of management and budget shall post a link to all executive branch
10.7agency-approved affirmative action plans on its public website. Accessible copies of the
10.8affirmative action plan must be available to all employees and members of the general public
10.9upon request.
10.10Sec. 16. Minnesota Statutes 2022, section 43A.191, is amended to read:
10.11 43A.191 AGENCY AFFIRMATIVE ACTION PROGRAMS.
10.12 Subdivision 1.Affirmative action officers.(a) Each agency with 1,000 employees or
10.13more shall have at least one full-time affirmative action officer, who shall have primary
10.14responsibility for developing and maintaining the agency's affirmative action plan. The
10.15officer shall devote full time to affirmative action activities. The affirmative action officer
10.16shall report administratively and on policy issues directly to the agency head. Pursuant to
10.17section 43A.08, subdivision 1a, clause (4), the affirmative action officer must not be an
10.18unclassified employee.
10.19 (b) The agency heads shall assign affirmative action officers or designees for agencies
10.20with fewer than 1,000 employees. The designees shall report administratively and on policy
10.21issues directly to the agency head.
10.22 (c) An agency may not use authority under section 43A.08, subdivision 1a, to place the
10.23position of an agency affirmative action officer or designee in the unclassified service.
10.24 Subd. 2.Agency affirmative action plans.(a) The head of each agency in the executive
10.25branch shall prepare and implement an agency affirmative action plan consistent with this
10.26section and rules issued under section 43A.04, subdivision 3.
10.27 (b) The agency plan must include a plan for the provision of reasonable accommodation
10.28in the hiring and promotion of qualified disabled persons with disabilities. The reasonable
10.29accommodation plan must consist of at least the following:
10.30 (1) procedures for compliance with sections 16E.03, subdivision 9, 363A.08 to 363A.19,
10.31and 363A.28, subdivision 10, and, where appropriate, regulations implementing United
10.32States Code, title 29, section 794, as amended through December 31, 1984, which is section
10.33504 of the Rehabilitation Act of 1973, as amended and the Americans with Disabilities Act,
10Sec. 16.
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
11.2to 514;
11.3 (2) methods and procedures for providing timely access to reasonable accommodation
11.4for disabled job applicants, current employees, and employees accommodations during the
11.5application process, throughout current employment, and when seeking promotion;
11.6 (3) provisions for funding reasonable accommodations; and
11.7 (4) the number of requests made, the number of requests approved, and the number of
11.8requests reimbursed from the state accommodation account under section 16B.4805.
11.9 (c) The agency plan must be prepared by the agency head with the assistance of the
11.10agency affirmative action officer and the director of diversity and equal employment
11.11opportunity. The agency may consult with the Council on Disability, vocational rehabilitation
11.12services, state services for the blind, and other disability experts to review and make
11.13recommendations on recruitment and retention of people with disabilities.
11.14 (d) The agency plan must identify any positions in the agency that can be used for
11.15supported employment as defined in section 268A.01, subdivision 13, of persons with severe
11.16significant disabilities. The agency shall report this information to the commissioner. An
11.17agency that hires more than one supported worker in the identified positions must receive
11.18recognition for each supported worker toward meeting the agency's affirmative action goals
11.19and objectives.
11.20 (e) An agency affirmative action plan may not be implemented without the
11.21commissioner's approval.
11.22 Subd. 2a.Disability recruitment, hiring, and advancement.(a) Each agency affirmative
11.23action plan must include a section that provides sufficient assurances, procedures, and
11.24commitments to provide adequate hiring, placement, and advancement opportunities for
11.25individuals with disabilities at all levels of state employment. The criteria for this section
11.26of the agency affirmative action plan must include a section on disability hiring and
11.27advancement, including the provisions in this subdivision.
11.28 (b) The plan must describe specific actions to ensure that a broad range of individuals
11.29with disabilities will be aware of and be encouraged to apply for job vacancies when eligible.
11.30The actions must include, at a minimum:
11.31 (1) the use of programs and resources that identify job applicants with disabilities who
11.32are eligible to be appointed under a hiring authority that takes disability into account,
11.33consistent with the demonstration program under section 43A.15, subdivision 14. The
11Sec. 16.
REVISOR SS/LN 23-0058812/14/22 12.1programs may include the Department of Employment and Economic Development's
12.2Vocational Rehabilitation Services and State Services for the Blind that provide the
12.3qualifications necessary for positions within the agency to individuals with disabilities.
12.4Resources may include databases of individuals with disabilities who previously applied to
12.5the agency but were not hired for the positions they applied for, and training and internship
12.6programs that lead directly to employment for individuals with disabilities; and
12.7 (2) establishment and maintenance of contacts, which may include formal agreements,
12.8with organizations that specialize in providing assistance to individuals with disabilities in
12.9securing and maintaining employment, such as the Department of Employment and Economic
12.10Development's Vocational Rehabilitation Services, State Services for the Blind, community
12.11rehabilitation programs, day training and habilitation programs, and employment network
12.12service providers.
12.13 (c) The plan must ensure that the agency has designated sufficient staff to handle any
12.14disability-related issues that arise during the application and selection process, and shall
12.15require the agency to provide staff with sufficient training, support, and other resources to
12.16carry out the responsibilities under this section. Responsibilities include, at a minimum:
12.17 (1) ensuring that disability-related questions from members of the public regarding the
12.18agency's application and selection processes are answered promptly and correctly, including
12.19questions about reasonable accommodations needed by job applicants during the application
12.20and selection process and questions about how individuals may apply for positions under
12.21hiring authorities that take disability into account;
12.22 (2) processing requests for reasonable accommodations needed by job applicants during
12.23the application and placement process and ensuring that the agency provides such
12.24accommodations when required;
12.25 (3) accepting applications for a position under hiring authorities that take disability into
12.26account;
12.27 (4) if an individual has applied for appointment to a particular position under a hiring
12.28authority that takes disability into account, determining whether the individual is eligible
12.29for appointment under such authority and, if so, forwarding the individual's application to
12.30the relevant hiring officials with an explanation of how and when the individual may be
12.31appointed, consistent with all applicable laws; and
12.32 (5) overseeing any other agency programs designed to increase hiring of individuals
12.33with disabilities.
12Sec. 16.
REVISOR SS/LN 23-0058812/14/22 13.1 Subd. 3.Audits; sanctions and incentives.(a) The commissioner shall annually audit
13.2the record of each agency to determine the rate of compliance with affirmative action
13.3requirements. The department must report all audit findings to the governor's office if a
13.4state agency fails to meet any of its affirmative action requirements for two consecutive
13.5years.
13.6 (b) By March 1 of each odd-numbered year, the commissioner shall submit a report on
13.7affirmative action progress of each agency and the state as a whole to the governor and to
13.8the Finance Committee of the senate, the Ways and Means Committee of the house of
13.9representatives, the Governmental Operations Committees of both houses of the legislature,
13.10and the Legislative Coordinating Commission. The report must include noncompetitive
13.11appointments made under section 43A.08, subdivision 2a, or 43A.15, subdivisions 3 to 7,
13.1210, and 12, and cover each agency's rate of compliance with affirmative action requirements.
13.13The report must be made available to the public on the department's website.
13.14 (c) An agency that does not meet its hiring goals must justify its nonaffirmative action
13.15hires in competitive appointments and noncompetitive appointments made under section
13.1643A.08, subdivisions 1, clauses (9), (11), and (16), and 2a; and section 43A.15, subdivisions
13.173, 10, 12, and 13, according to criteria issued by the department of Management and Budget.
13.18In addition, an agency shall:
13.19 (1) demonstrate a good faith effort to recruit protected group members by following an
13.20active recruitment plan;
13.21 (2) implement a coordinated retention plan; and
13.22 (3) have an established complaint resolution procedure.
13.23 (d) The commissioner shall develop reporting standards and procedures for measuring
13.24compliance.
13.25 (e) An agency is encouraged to develop other innovative ways to promote awareness,
13.26acceptance, and appreciation for diversity and affirmative action. These innovations will
13.27be considered when evaluating an agency's compliance with this section.
13.28 (f) An agency not in compliance with affirmative action requirements of this section
13.29must identify methods and programs to improve performance, to reallocate resources
13.30internally in order to increase support for affirmative action programs, and to submit program
13.31and resource reallocation proposals to the commissioner for approval. An agency must
13.32submit these proposals within 120 days of being notified by the commissioner that it is out
13Sec. 16.
REVISOR SS/LN 23-0058812/14/22 14.1of compliance with affirmative action requirements. The commissioner shall monitor
14.2quarterly the affirmative action programs of an agency found to be out of compliance.
14.3 (g) The commissioner shall establish a program to recognize an agency that has made
14.4significant and measurable progress in implementing an affirmative action plan.
14.5 (h) The commissioner must maintain and make available, on an annual basis, summary
14.6data as defined in section 13.02, subdivision 19, on the percentage of members of each
14.7protected group as defined in section 43A.02, subdivision 33, that were hired in the executive
14.8branch in each of the federal Equal Employment Opportunity (EEO) occupational categories
14.9applicable to state employment. Nothing in this provision, however, shall require any person
14.10to disclose their protected group status, nor shall it require the commissioner or any
14.11appointing authority to determine the protected group status of any person.
14.12Sec. 17. Minnesota Statutes 2022, section 43A.21, subdivision 1, is amended to read:
14.13 Subdivision 1.Authority; purpose.The commissioner, in coordination with the statewide
14.14ADA and disability employment director and chief inclusion officer, shall develop and
14.15interpret policy and administer and, to the extent possible, conduct programs in training and
14.16development for employees to, at a minimum:
14.17 (1) promote individual, group and agency efficiency and effectiveness.;
14.18 (2) build employee capacity to deliver accessible and inclusive services to the public,
14.19including people with disabilities; and
14.20 (3) support an inclusive work environment for employees with disabilities and employees
14.21of other protected classes.
14.22Sec. 18. Minnesota Statutes 2022, section 43A.21, subdivision 2, is amended to read:
14.23 Subd. 2.Responsibilities.(a) The commissioner is responsible for developing and
14.24coordinating consistent training policy which shall be binding on all state agencies in the
14.25executive branch. The policies shall include conditions under which employees may receive
14.26or be assigned to training; internships and work-training programs; minimum and maximum
14.27training standards for employee participation and agency reporting requirements. At a
14.28minimum, state employees must receive annual training on statutes or policies related to:
14.29 (1) Title II of the Americans with Disabilities Act;
14.30 (2) the state's affirmative action policy;
14.31 (3) equal opportunity employment; and
14Sec. 18.
REVISOR SS/LN 23-0058812/14/22 15.1 (4) digital accessibility standards.
15.2 (b) Career development training is a permissive subject of collective bargaining. Each
15.3appointing authority in the executive branch, including the Minnesota State Retirement
15.4System and the Teachers Retirement Association, is primarily responsible for planning,
15.5budgeting, conducting and evaluating training programs.
15.6 Sec. 19. Minnesota Statutes 2022, section 43A.21, subdivision 3, is amended to read:
15.7 Subd. 3.Programs.(a) The commissioner or the commissioner's designee shall design
15.8and implement management training and development programs for the state service. The
15.9programs shall include but not be limited to mandatory training and development
15.10requirements for managers and supervisors. No person shall acquire permanent status in a
15.11management or supervisory position in the classified service until training and development
15.12requirements have been met.
15.13 (b) All managers and supervisors must receive training on inclusive work environments,
15.14disability awareness, cultural competence, and other equity and diversity areas.
15.15 (c) Agencies shall conduct an annual Americans with Disabilities Act self-assessment
15.16to ensure training programs meet the standards for universal design in learning.
15.17Sec. 20. Minnesota Statutes 2022, section 43A.21, is amended by adding a subdivision to
15.18read:
15.19 Subd. 6.Accessibility.The commissioner is responsible for ensuring that all training
15.20content and platforms meet the accessibility standards under section 16E.03, subdivisions
15.212, clause (3), and 9. Reasonable accommodations must be implemented in a timely and
15.22appropriate manner to ensure that all state employees can participate in state-offered trainings.
15.23All state employees, including ADA coordinators and human resources staff, must have the
15.24training and resources to implement an accessible and inclusive workplace.
15.25Sec. 21. Minnesota Statutes 2022, section 43A.36, subdivision 1, is amended to read:
15.26 Subdivision 1.Cooperation; state agencies.(a) The commissioner may delegate
15.27administrative functions associated with the duties of the commissioner to appointing
15.28authorities who have the capability to perform such functions when the commissioner
15.29determines that it is in the best interests of the state civil service. The commissioner shall
15.30consult with agencies and agencies shall cooperate as appropriate in implementation of this
15.31chapter.
15Sec. 21.
REVISOR SS/LN 23-0058812/14/22 16.1 (b) The commissioner, in conjunction with appointing authorities, shall analyze and
16.2assess current and future human resource requirements of the civil service and coordinate
16.3personnel actions throughout the civil service to meet the requirements. The commissioner
16.4shall provide recruiting assistance and make the applicant database available to appointing
16.5authorities to use in making appointments to positions in the unclassified service.
16.6 (c) The head of each agency in the executive branch shall designate an agency personnel
16.7officer. The agency personnel officer shall be accountable to the agency head for all personnel
16.8functions prescribed by laws, rules, collective bargaining agreements, the commissioner
16.9and the agency head. Except when otherwise prescribed by the agency head in a specific
16.10instance, the personnel officer shall be assumed to be the authority accountable to the agency
16.11head over any other officer or employee in the agency for personnel functions.
16.12 (d) The head of each agency in the executive branch shall designate an affirmative action
16.13officer who shall have primary responsibility for the administration of the agency's
16.14affirmative action plan. The officer shall report directly to the head of the agency on
16.15affirmative action matters.
16.16 (e) Pursuant to section 43A.431, the head of each agency in the executive branch shall
16.17designate an ADA coordinator who shall have primary responsibility for the administration
16.18of ADA policies, procedures, trainings, requests, and arbitration. The coordinator shall
16.19report directly to the commissioner.
16.20Sec. 22. Minnesota Statutes 2022, section 43A.421, is amended to read:
16.21 43A.421 SUPPORTED WORK PROGRAM.
16.22 Subdivision 1.Program established.A total of 50 full-time Active positions within
16.23agencies of state government may be selected for inclusion for a supported work program
16.24for persons with severe significant disabilities. A full-time position may be shared by up to
16.25three persons with severe significant disabilities and their job coach. The job coach is not
16.26a state employee within the scope of section 43A.02, subdivision 21, or 179A.03, subdivision
16.2714, unless the job coach holds another position within the scope of section 43A.02,
16.28subdivision 21, or 179A.03, subdivision 14. All classified supported work job postings need
16.29to link to the overview and application process for the supported work program.
16.30 Subd. 2.Responsibilities.(a) The commissioner is responsible for the administration
16.31and oversight of the supported work program, including the establishment of policies and
16.32procedures, data collection and reporting requirements, and compliance.
16Sec. 22.
REVISOR SS/LN 23-0058812/14/22 17.1 (b) The commissioner or the commissioner's designee shall design and implement a
17.2training curriculum for the supported work program. All executive leaders, managers,
17.3supervisors, human resources professionals, affirmative action officers, and Americans with
17.4Disabilities Act coordinators must receive annual training regarding the program.
17.5 (c) The commissioner or the commissioner's designee shall develop, administer, and
17.6make public a formal grievance process for individuals in the program.
17.7 Sec. 23. [43A.431] AMERICANS WITH DISABILITIES ACT COORDINATORS.
17.8 (a) Each state agency shall designate at least one ADA coordinator who is responsible
17.9for implementation of Title I of the ADA, to advance the prohibition on discrimination
17.10against qualified individuals with disabilities in job application procedures, hiring, firing,
17.11advancement, compensation, job training and other terms, conditions, and privileges of
17.12employment. The ADA coordinator must have demonstrated knowledge and experience in:
17.13 (1) the recruitment, selection, development, and retention of people with disabilities;
17.14 (2) workforce data analysis;
17.15 (3) disability employment laws and regulations; and
17.16 (4) strategy development for universal and inclusive workplaces.
17.17 (b) The ADA coordinator is responsible for overseeing the development, implementation,
17.18monitoring, and evaluation of effective strategies to attract, engage, and advance people
17.19with disabilities. This includes assisting employees with identifying, acquiring, and
17.20maintaining effective accommodations and submitting reimbursement requests to the
17.21statewide accommodation fund under section 16B.4805.
17.22 (c) The ADA coordinator is responsible for collecting data and preparing reports to
17.23ensure transparency and accountability and must serve as a key liaison for disability
17.24employment and training initiatives.
17.25Sec. 24. ADVISORY COMMITTEE ON SERVICE WORKER STANDARDS.
17.26 The commissioner of management and budget shall convene an advisory committee to
17.27review and make recommendations regarding updates and clarifications to the service worker
17.28class specifications under Minnesota Statutes, section 43A.071. By January 15, 2023, the
17.29commissioner shall report to the legislative committees with jurisdiction over state
17.30government employees on recommendations for changes to Minnesota Statutes, section
17.3143A.071.
17Sec. 24.
REVISOR SS/LN 23-0058812/14/22