1.1                          A bill for an act 
  1.2             relating to state employment; prohibiting certain 
  1.3             noncompetitive promotions; modifying the definition of 
  1.4             confidential employee; amending Minnesota Statutes 
  1.5             1998, sections 43A.15, subdivision 5; and 179A.03, 
  1.6             subdivision 4. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 43A.15, 
  1.9   subdivision 5, is amended to read: 
  1.10     Subd. 5.  [NONCOMPETITIVE PROMOTIONS.] The commissioner may 
  1.11  authorize an appointing authority to promote the incumbent with 
  1.12  permanent or probationary status to a reallocated classified 
  1.13  position.  The commissioner shall not authorize a noncompetitive 
  1.14  promotion when the proposed reallocation would move the position 
  1.15  into a confidential position as defined in section 179A.03, 
  1.16  subdivision 4, or a supervisory position as defined in section 
  1.17  179A.03, subdivision 17. 
  1.18     Sec. 2.  Minnesota Statutes 1998, section 179A.03, 
  1.19  subdivision 4, is amended to read: 
  1.20     Subd. 4.  [CONFIDENTIAL EMPLOYEE.] "Confidential employee" 
  1.21  means an employee who as part of the employee's job duties:  
  1.22     (1) has access to labor relations information as that term 
  1.23  is defined in section 13.37, subdivision 1, paragraph (c); or 
  1.24     (2) actively participates in the meeting and negotiating on 
  1.25  behalf of the public employer.; or 
  1.26     (3) for employees of the state of Minnesota and the 
  2.1   University of Minnesota, actively participates in meeting and 
  2.2   negotiating with an exclusive representative as a member of an 
  2.3   employer's bargaining team.