1.1                          A bill for an act 
  1.2             relating to public administration; regulating public 
  1.3             employee and official compensation; amending Minnesota 
  1.4             Statutes 1996, sections 3.855, subdivision 3; 15A.081, 
  1.5             subdivisions 7b, 8, and 9; 15A.083, subdivisions 5, 
  1.6             6a, and 7; 43A.17, subdivisions 1 and 3; 43A.18, 
  1.7             subdivisions 4 and 5; 85A.02, subdivision 5a; 298.22, 
  1.8             subdivision 1; and 349A.02, subdivision 1; proposing 
  1.9             coding for new law in Minnesota Statutes, chapter 15A; 
  1.10            repealing Minnesota Statutes 1996, section 15A.081, 
  1.11            subdivisions 1 and 7. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1996, section 3.855, 
  1.14  subdivision 3, is amended to read: 
  1.15     Subd. 3.  [OTHER SALARIES AND COMPENSATION PLANS.] The 
  1.16  commission shall also: 
  1.17     (1) review and approve, reject, or modify a plan for 
  1.18  compensation and terms and conditions of employment prepared and 
  1.19  submitted by the commissioner of employee relations under 
  1.20  section 43A.18, subdivision 2, covering all state employees who 
  1.21  are not represented by an exclusive bargaining representative 
  1.22  and whose compensation is not provided for by chapter 43A or 
  1.23  other law; 
  1.24     (2) review and approve, reject, or modify a plan for total 
  1.25  compensation and terms and conditions of employment for 
  1.26  employees in positions identified as being managerial under 
  1.27  section 43A.18, subdivision 3, whose salaries and benefits are 
  1.28  not otherwise provided for in law or other plans established 
  2.1   under chapter 43A; 
  2.2      (3) review and approve, reject, or modify recommendations 
  2.3   for salaries submitted by the governor or other appointing 
  2.4   authority under section 43A.18, subdivision 5, covering agency 
  2.5   head positions listed in section ~~15A.081~~ 15A.0815; 
  2.6      (4) review and approve, reject, or modify recommendations 
  2.7   for salaries of officials of higher education systems under 
  2.8   section 15A.081, subdivision 7b; and 
  2.9      (5) review and approve, reject, or modify plans for 
  2.10  compensation, terms, and conditions of employment proposed under 
  2.11  section 43A.18, subdivisions 3a and 4. 
  2.12     Sec. 2.  Minnesota Statutes 1996, section 15A.081, 
  2.13  subdivision 7b, is amended to read: 
  2.14     Subd. 7b.  [HIGHER EDUCATION OFFICERS.] The board of 
  2.15  trustees of the Minnesota state colleges and universities and 
  2.16  the higher education services council shall set the salary rates 
  2.17  for, respectively, the chancellor of the Minnesota state 
  2.18  colleges and universities and the director of the higher 
  2.19  education services office.  The board or the council shall 
  2.20  submit the proposed salary change to the legislative 
  2.21  coordinating commission for approval, modification, or rejection 
  2.22  in the manner provided in section 3.855.  ~~The salary rate for~~ 
  2.23  ~~the chancellor of the Minnesota state colleges and universities~~ 
  2.24  ~~may not exceed 95 percent of the salary of the governor under~~ 
  2.25  ~~section 15A.082, subdivision 3.  For purposes of this~~ 
  2.26  ~~subdivision, "the salary rate of the chancellor" does not~~ 
  2.27  ~~include:~~ 
  2.28     ~~(1) employee benefits that are also provided for the~~ 
  2.29  ~~majority of all other full-time state employees, vacation and~~ 
  2.30  ~~sick leave allowances, health and dental insurance, disability~~ 
  2.31  ~~insurance, term life insurance, and pension benefits or like~~ 
  2.32  ~~benefits the cost of which is borne by the employee or which is~~ 
  2.33  ~~not subject to tax as income under the Internal Revenue Code of~~ 
  2.34  ~~1986;~~ 
  2.35     ~~(2) dues paid to organizations that are of a civic,~~ 
  2.36  ~~professional, educational, or governmental nature;~~ 
  3.1      ~~(3) reimbursement for actual expenses incurred by the~~ 
  3.2   ~~employee that the appointing authority determines to be directly~~ 
  3.3   ~~related to the performance of job responsibilities, including~~ 
  3.4   ~~any relocation expenses paid during the initial year of~~ 
  3.5   ~~employment; or~~ 
  3.6      ~~(4) a housing allowance that is comparable to housing~~ 
  3.7   ~~allowances provided to chancellors and university presidents in~~ 
  3.8   ~~similar higher education systems nationwide.~~  
  3.9      ~~The salary of the director of the higher education services~~ 
  3.10  ~~office may not exceed the maximum of the salary range for the~~ 
  3.11  ~~commissioner of administration.~~  In deciding whether to 
  3.12  recommend a salary increase, the governing board or council 
  3.13  shall consider the performance of the chancellor or director, 
  3.14  including the chancellor's or director's progress toward 
  3.15  attaining affirmative action goals. 
  3.16     Sec. 3.  Minnesota Statutes 1996, section 15A.081, 
  3.17  subdivision 8, is amended to read: 
  3.18     Subd. 8.  [EXPENSE ALLOWANCE.] Notwithstanding any law to 
  3.19  the contrary, positions listed in ~~subdivision 1~~ section 
  3.20  15A.0815, subdivisions 3 and 4, constitutional officers, and the 
  3.21  commissioner of iron range resources and rehabilitation are 
  3.22  authorized an annual expense allowance not to exceed $1,500 for 
  3.23  necessary expenses in the normal performance of their duties for 
  3.24  which no other reimbursement is provided.  The expenditures 
  3.25  under this subdivision are subject to any laws and rules 
  3.26  relating to budgeting, allotment and encumbrance, preaudit and 
  3.27  postaudit.  The commissioner of finance may ~~promulgate~~ adopt 
  3.28  rules to assure the proper expenditure of these funds~~,~~ and to 
  3.29  provide for reimbursement. 
  3.30     Sec. 4.  Minnesota Statutes 1996, section 15A.081, 
  3.31  subdivision 9, is amended to read: 
  3.32     Subd. 9.  [TRANSFER OF VACATION AND SICK LEAVE; CERTAIN 
  3.33  APPOINTEES.] (a) This subdivision governs transfers of 
  3.34  accumulated vacation leave and sick leave if the governor 
  3.35  appoints the incumbent of a position listed in ~~this~~ section 
  3.36  15A.0815 to another position listed in ~~this~~ section 15A.0815. 
  4.1      (b) An appointee moving between positions in the executive 
  4.2   branch shall transfer all vacation leave and sick leave hours to 
  4.3   the appointee's credit at the time of the new appointment. 
  4.4      (c) The governor may authorize an appointee to transfer 
  4.5   accumulated vacation leave and sick leave hours under the 
  4.6   following conditions: 
  4.7      (1) an appointee moving to a position in the executive 
  4.8   branch from a position outside the executive branch may be 
  4.9   permitted to transfer no more than 275 hours of accumulated 
  4.10  unliquidated vacation leave and no more than 900 hours of 
  4.11  accumulated unliquidated sick leave; and 
  4.12     (2) an appointee moving to a position outside the executive 
  4.13  branch from a position within the executive branch may be 
  4.14  permitted to transfer accumulated unliquidated vacation leave 
  4.15  and sick leave hours up to the maximum accumulations permitted 
  4.16  by the personnel policies governing the new position. 
  4.17  The governor shall notify the commissioner of employee relations 
  4.18  of any transfers authorized under this paragraph. 
  4.19     Sec. 5.  [15A.0815] [SALARY LIMITS FOR CERTAIN EMPLOYEES.] 
  4.20     Subdivision 1.  [SALARY LIMITS.] The governor or other 
  4.21  appropriate appointing authority shall set the salary rates for 
  4.22  positions listed in this section within the salary limits listed 
  4.23  in subdivisions 2 to 5, subject to approval of the legislative 
  4.24  coordinating commission and the legislature as provided by 
  4.25  sections 3.855, 15A.081, subdivision 7b, and 43A.18, subdivision 
  4.26  5.  
  4.27     Subd. 2.  [HIGHER EDUCATION SYSTEM LIMITS.] The salary rate 
  4.28  of the chancellor of Minnesota state colleges and universities 
  4.29  may not exceed 95 percent of the salary of the governor.  For 
  4.30  purposes of this subdivision, "the salary rate of the 
  4.31  chancellor" does not include: 
  4.32     (1) employee benefits that are also provided for the 
  4.33  majority of all other full-time state employees, vacation and 
  4.34  sick leave allowances, health and dental insurance, disability 
  4.35  insurance, term life insurance, and pension benefits; 
  4.36     (2) any benefits the cost of which is borne by the employee 
  5.1   or which is not subject to tax as income under the Internal 
  5.2   Revenue Code of 1986; 
  5.3      (3) dues paid to organizations that are of a civic, 
  5.4   professional, educational, or governmental nature; 
  5.5      (4) reimbursement for actual expenses incurred by the 
  5.6   employee that the appointing authority determines to be directly 
  5.7   related to the performance of job responsibilities, including 
  5.8   any relocation expenses paid during the initial year of 
  5.9   employment; or 
  5.10     (5) a housing allowance that is comparable to housing 
  5.11  allowances provided to chancellors and university presidents in 
  5.12  similar higher education systems nationwide. 
  5.13     Subd. 3.  [GROUP I SALARY LIMITS.] The salaries for 
  5.14  positions in this subdivision may not exceed 85 percent of the 
  5.15  salary of the governor:  
  5.16     Commissioner of administration; 
  5.17     Commissioner of agriculture; 
  5.18     Commissioner of children, families, and learning; 
  5.19     Commissioner of commerce; 
  5.20     Commissioner of corrections; 
  5.21     Commissioner of economic security; 
  5.22     Commissioner of employee relations; 
  5.23     Commissioner of finance; 
  5.24     Commissioner of health; 
  5.25     Executive director, higher education services office; 
  5.26     Commissioner, housing finance agency; 
  5.27     Commissioner of human rights; 
  5.28     Commissioner of human services; 
  5.29     Executive director, state board of investment; 
  5.30     Commissioner of labor and industry; 
  5.31     Executive director, Minnesota state high school league; 
  5.32     Commissioner of natural resources; 
  5.33     Director of office of strategic and long-range planning; 
  5.34     Commissioner, pollution control agency; 
  5.35     Commissioner of public safety; 
  5.36     Commissioner, department of public service; 
  6.1      Commissioner of revenue; 
  6.2      Commissioner of trade and economic development; 
  6.3      Commissioner of transportation; and 
  6.4      Commissioner of veterans affairs. 
  6.5      Subd. 4.  [GROUP II SALARY LIMITS.] The salaries for 
  6.6   positions in this subdivision may not exceed 75 percent of the 
  6.7   salary of the governor: 
  6.8      Ombudsman for corrections; 
  6.9      Executive director of gambling control board; 
  6.10     Commissioner, bureau of mediation services; 
  6.11     Ombudsman for mental health and retardation; 
  6.12     Chair, metropolitan council; 
  6.13     Executive director of pari-mutuel racing; 
  6.14     Executive director, public employees retirement 
  6.15  association; 
  6.16     Commissioner, public utilities commission; 
  6.17     Executive director, state retirement system; and 
  6.18     Executive director, teachers retirement association. 
  6.19     Subd. 5.  [GROUP III SALARY LIMITS.] The salary for a 
  6.20  position in this subdivision may not exceed 25 percent of the 
  6.21  salary of the governor: 
  6.22     Chair, metropolitan airports commission. 
  6.23     Sec. 6.  [15A.0816] [CONSTITUTIONAL OFFICERS.] 
  6.24     Notwithstanding any other law to the contrary, the salary 
  6.25  of a constitutional officer may not be less than 75 percent of 
  6.26  the salary of the governor. 
  6.27     Sec. 7.  Minnesota Statutes 1996, section 15A.083, 
  6.28  subdivision 5, is amended to read: 
  6.29     Subd. 5.  [TAX COURT.] ~~Salaries~~ The salary of ~~judges~~ a 
  6.30  judge of the tax court ~~are~~ is the same as the ~~base~~ salary for 
  6.31  a district ~~judges as set under section 15A.082, subdivision~~ 
  6.32  ~~3~~ court judge.  The salary of the chief tax court judge is the 
  6.33  same as the salary for a chief district court judge. 
  6.34     Sec. 8.  Minnesota Statutes 1996, section 15A.083, 
  6.35  subdivision 6a, is amended to read: 
  6.36     Subd. 6a.  [ADMINISTRATIVE LAW JUDGE; ~~MAXIMUM SALARY~~ 
  7.1   SALARIES.] The salary of the chief administrative law judge is 
  7.2   the same as the salary of a district court judge.  The salaries 
  7.3   of the assistant chief administrative law judge and 
  7.4   administrative law judge supervisors are 95 percent of the 
  7.5   salary of a district court judge.  The ~~maximum~~ salary of an 
  7.6   administrative law judge ~~in the classified service~~ employed by 
  7.7   the office of administrative hearings is 90 percent of the 
  7.8   salary of a district court ~~judges as set under section 15A.082,~~ 
  7.9   ~~subdivision 3~~ judge.  
  7.10     Sec. 9.  Minnesota Statutes 1996, section 15A.083, 
  7.11  subdivision 7, is amended to read: 
  7.12     Subd. 7.  [WORKERS' COMPENSATION COURT OF APPEALS AND 
  7.13  COMPENSATION JUDGES.] Salaries of judges of the workers' 
  7.14  compensation court of appeals are the same as the salary for 
  7.15  district court judges ~~as set under section 15A.082, subdivision~~ 
  7.16  ~~3~~.  The salary of the chief judge of the workers' compensation 
  7.17  court of appeals is the same as the salary for a chief district 
  7.18  court judge.  Salaries of compensation judges in the office of 
  7.19  administrative hearings are ~~75~~ 90 percent of the salary of 
  7.20  district court judges.  The chief workers' compensation 
  7.21  settlement judge at the department of labor and industry may be 
  7.22  paid an annual salary that is up to five percent greater than 
  7.23  the maximum salary of workers' compensation settlement judges at 
  7.24  the department of labor and industry.  The maximum salary of a 
  7.25  compensation judge in the department of labor and industry is 75 
  7.26  percent of the salary limit established for the commissioner of 
  7.27  labor and industry in section 15A.0815, subdivision 3.  The 
  7.28  actual salary of a compensation judge in the department of labor 
  7.29  and industry must be determined in accordance with the 
  7.30  commissioner's plan established under section 43A.18, 
  7.31  subdivision 2. 
  7.32     Sec. 10.  Minnesota Statutes 1996, section 43A.17, 
  7.33  subdivision 1, is amended to read: 
  7.34     Subdivision 1.  [SALARY LIMITS.] As used in subdivisions 1 
  7.35  to 9, "salary" means hourly, monthly, or annual rate of pay 
  7.36  including any lump-sum payments and cost-of-living adjustment 
  8.1   increases but excluding payments due to overtime worked, shift 
  8.2   or equipment differentials, work out of class as required by 
  8.3   collective bargaining agreements or plans established under 
  8.4   section 43A.18, and back pay on reallocation or other payments 
  8.5   related to the hours or conditions under which work is performed 
  8.6   rather than to the salary range or rate to which a class is 
  8.7   assigned.  For presidents of state universities, "salary" does 
  8.8   not include a housing allowance provided through a compensation 
  8.9   plan approved under section 43A.18, subdivision 3a. 
  8.10     The salary, as established in section ~~15A.081~~ 15A.0815, of 
  8.11  the head of a state agency in the executive branch is the upper 
  8.12  limit on the salaries of individual employees in the agency.  
  8.13  ~~The salary of the commissioner of labor and industry is the~~ 
  8.14  ~~upper limit of salaries of employees in the bureau of mediation~~ 
  8.15  ~~services.~~  However, if an agency head is assigned a salary that 
  8.16  is lower than the current salary of another agency employee, the 
  8.17  employee retains the salary, but may not receive an increase in 
  8.18  salary as long as the salary is above that of the agency head.  
  8.19  The commissioner may grant exemptions from these upper limits as 
  8.20  provided in subdivisions 3 and 4. 
  8.21     Sec. 11.  Minnesota Statutes 1996, section 43A.17, 
  8.22  subdivision 3, is amended to read: 
  8.23     Subd. 3.  [UNUSUAL EMPLOYMENT SITUATIONS.] Upon the request 
  8.24  of the appointing authority, and when the commissioner 
  8.25  determines that changes in employment situations create 
  8.26  difficulties in attracting or retaining employees, the 
  8.27  commissioner may approve an unusual employment situation 
  8.28  increase to advance an employee within the compensation plan.  
  8.29  ~~Such~~ The action ~~will~~ must be consistent with applicable 
  8.30  provisions of collective bargaining agreements or plans ~~pursuant~~ 
  8.31  ~~to~~ adopted under section 43A.18.  The commissioner shall review 
  8.32  each proposal giving due consideration to salary rates paid to 
  8.33  other employees in the same class and agency and may approve any 
  8.34  request which in the commissioner's judgment is in the best 
  8.35  interest of the state. If the commissioner determines that the 
  8.36  position requires special expertise necessitating a higher 
  9.1   salary to attract or retain qualified persons, the commissioner 
  9.2   may grant an exemption not to exceed 120 percent of the ~~base~~ 
  9.3   salary of the head of the agency or the maximum rate established 
  9.4   for the position, whichever is less.  
  9.5      Sec. 12.  Minnesota Statutes 1996, section 43A.18, 
  9.6   subdivision 4, is amended to read: 
  9.7      Subd. 4.  [PLANS NOT ESTABLISHED BUT APPROVED BY 
  9.8   COMMISSIONER.] (a) Notwithstanding any other law to the 
  9.9   contrary, terms and conditions of employment for employees 
  9.10  listed in this subdivision must be set by appointing authorities 
  9.11  within the limits of compensation plans that have been approved 
  9.12  by the commissioner before becoming effective.  Compensation 
  9.13  plans established under ~~paragraphs~~ paragraph (c) ~~and (d),~~ must 
  9.14  be reviewed and approved, modified, or rejected by the 
  9.15  legislature and the legislative coordinating commission ~~on~~ 
  9.16  ~~employee relations~~ under section 3.855, ~~subdivision~~ subdivisions 
  9.17  2 and 3, before becoming effective. 
  9.18     (b) Total compensation for employees who are not covered by 
  9.19  a collective bargaining agreement in the offices of the 
  9.20  governor, lieutenant governor, attorney general, secretary of 
  9.21  state, state auditor, and state treasurer must be determined by 
  9.22  the governor, lieutenant governor, attorney general, secretary 
  9.23  of state, state auditor, and state treasurer, respectively.  
  9.24     (c) ~~Total compensation for classified administrative law~~ 
  9.25  ~~judges in the office of administrative hearings must be~~ 
  9.26  ~~determined by the chief administrative law judge.~~  
  9.27     ~~(d)~~ Total compensation for unclassified positions not 
  9.28  covered by a collective bargaining agreement in the higher 
  9.29  education services office must be determined by the higher 
  9.30  education services office. 
  9.31     Sec. 13.  Minnesota Statutes 1996, section 43A.18, 
  9.32  subdivision 5, is amended to read: 
  9.33     Subd. 5.  [~~GOVERNOR~~ APPOINTING AUTHORITIES TO RECOMMEND 
  9.34  CERTAIN SALARIES.] (a) The governor ~~shall, by July 1 of each~~ 
  9.35  ~~odd-numbered year~~, or other appropriate appointing authority, 
  9.36  may submit to the legislative coordinating commission ~~on~~ 
 10.1   ~~employee relations~~ recommendations for salaries within the 
 10.2   salary ~~range~~ limits for the positions listed in section ~~15A.081,~~ 
 10.3   ~~subdivisions 1 and 7~~ 15A.0815, subdivisions 3 to 5.  ~~The~~ 
 10.4   ~~governor~~ An appointing authority may also propose additions or 
 10.5   deletions of positions from those listed.  
 10.6      (b) Before submitting the recommendations, the ~~governor~~ 
 10.7   appointing authority shall consult with the commissioner of 
 10.8   administration, the commissioner of finance, and the 
 10.9   commissioner of employee relations concerning the 
 10.10  recommendations.  
 10.11     (c) In making recommendations, the ~~governor~~ appointing 
 10.12  authority shall consider the criteria established in subdivision 
 10.13  8 and the performance of individual incumbents.  The performance 
 10.14  evaluation must include a review of an incumbent's progress 
 10.15  toward attainment of affirmative action goals.  The ~~governor~~ 
 10.16  appointing authority shall establish an objective system for 
 10.17  quantifying knowledge, abilities, duties, responsibilities, and 
 10.18  accountabilities and in determining recommendations rate each 
 10.19  position by this system.  
 10.20     (d) Before the ~~governor's~~ appointing authority's 
 10.21  recommended salaries take effect, the recommendations must be 
 10.22  reviewed and approved, rejected, or modified by the 
 10.23  legislative coordinating commission ~~on employee relations~~ and 
 10.24  the legislature under section 3.855, ~~subdivision~~ subdivisions 2 
 10.25  and 3.  ~~The governor may also at any time propose changes in the~~ 
 10.26  ~~salary rate of any positions covered by this subdivision, which~~ 
 10.27  ~~must be submitted and approved in the same manner as provided in~~ 
 10.28  ~~this subdivision.~~  If, when the legislature is not in session, 
 10.29  the commission fails to reject or modify salary recommendations 
 10.30  of the governor within 30 calendar days of their receipt, the 
 10.31  recommendations are deemed to be approved.  
 10.32     (e) The ~~governor~~ appointing authority shall set the initial 
 10.33  salary of a head of a new agency or a chair of a new 
 10.34  metropolitan board or commission whose salary is not 
 10.35  specifically prescribed by law after consultation with the 
 10.36  commissioner, whose recommendation is advisory only.  The amount 
 11.1   of the new salary must be comparable to the salary of an agency 
 11.2   head or commission chair having similar duties and 
 11.3   responsibilities. 
 11.4      (f) The salary of a newly appointed head of an agency or 
 11.5   chair of a metropolitan agency listed in section ~~15A.081,~~ 
 11.6   ~~subdivision 1 or 7~~ 15A.0815, subdivisions 2 to 5, may be 
 11.7   increased or decreased by the ~~governor~~ appointing authority from 
 11.8   the salary previously set for that position within 30 days of 
 11.9   the new appointment after consultation with the commissioner.  
 11.10  If the ~~governor~~ appointing authority increases a salary under 
 11.11  this paragraph, the ~~governor~~ appointing authority shall submit 
 11.12  the new salary to the legislative coordinating commission ~~on~~ 
 11.13  ~~employee relations~~ and the full legislature for approval, 
 11.14  modification, or rejection under section 3.855, 
 11.15  ~~subdivision~~ subdivisions 2 and 3.  If, when the legislature is 
 11.16  not in session, the commission fails to reject or modify salary 
 11.17  recommendations of the governor within 30 calendar days of their 
 11.18  receipt, the recommendations are deemed to be approved. 
 11.19     Sec. 14.  Minnesota Statutes 1996, section 85A.02, 
 11.20  subdivision 5a, is amended to read: 
 11.21     Subd. 5a.  [EMPLOYEES.] (a) The board shall appoint an 
 11.22  administrator who shall serve as the executive secretary and 
 11.23  principal administrative officer of the board and, subject to 
 11.24  its approval, ~~the administrator~~ shall operate the Minnesota 
 11.25  zoological garden and enforce all rules and policy decisions of 
 11.26  the board.  The administrator must be chosen solely on the basis 
 11.27  of training, experience, and other qualifications appropriate to 
 11.28  the field of zoo management and development.  The board shall 
 11.29  set the ~~compensation for~~ salary of the administrator ~~within the~~ 
 11.30  ~~limits established for the commissioner of agriculture in~~ 
 11.31  ~~section 15A.081, subdivision 1~~.  The salary of the administrator 
 11.32  may not exceed 85 percent of the salary of the governor.  The 
 11.33  administrator shall perform duties assigned by the board 
 11.34  and ~~shall serve~~ serves in the unclassified service at the 
 11.35  pleasure of the board.  The administrator, with the 
 11.36  participation of the board, shall appoint a development director 
 12.1   in the unclassified service or contract with a development 
 12.2   consultant to establish mechanisms to foster community 
 12.3   participation in and community support for the Minnesota 
 12.4   zoological garden.  The board may employ other necessary 
 12.5   professional, technical, and clerical personnel.  Employees of 
 12.6   the zoological garden are eligible for salary supplement in the 
 12.7   same manner as employees of other state agencies.  The 
 12.8   commissioner of finance shall determine the amount of salary 
 12.9   supplement based on available funds. 
 12.10     (b) The board may contract with individuals to perform 
 12.11  professional services and may contract for the purchases of 
 12.12  necessary species exhibits, supplies, services, and equipment. 
 12.13  The board may also contract for the construction and operation 
 12.14  of entertainment facilities on the zoo grounds that are not 
 12.15  directly connected to ordinary functions of the zoological 
 12.16  garden.  The zoo board ~~shall~~ may not enter into ~~any~~ a final 
 12.17  agreement for construction of ~~any~~ an entertainment facility that 
 12.18  is not directly connected to the ordinary functions of the zoo 
 12.19  until after final construction plans have been submitted to the 
 12.20  chairs of the senate finance and house appropriations committees 
 12.21  for their recommendations. 
 12.22     The zoo may not contract for entertainment during the 
 12.23  period of the Minnesota state fair that would directly compete 
 12.24  with entertainment at the Minnesota state fair. 
 12.25     Sec. 15.  Minnesota Statutes 1996, section 298.22, 
 12.26  subdivision 1, is amended to read: 
 12.27     Subdivision 1.  (1) The ~~office of~~ governor shall appoint 
 12.28  the commissioner of iron range resources and rehabilitation ~~is~~ 
 12.29  ~~created.  The commissioner shall be appointed by the governor~~ 
 12.30  under ~~the provisions of~~ section 15.06. 
 12.31     (2) The commissioner may hold ~~such~~ other positions or 
 12.32  appointments ~~as~~ that are not incompatible with duties as 
 12.33  commissioner of iron range resources and rehabilitation.  The 
 12.34  commissioner may appoint a deputy commissioner.  All expenses of 
 12.35  the commissioner, including the payment of such assistance as 
 12.36  may be necessary, ~~shall~~ must be paid out of the amounts 
 13.1   appropriated by section 298.28.  The ~~compensation~~ salary of the 
 13.2   commissioner ~~shall~~ must be set by the legislative coordinating 
 13.3   commission and may not exceed ~~the maximum salary set for the~~ 
 13.4   ~~commissioner of administration under section 15A.081,~~ 
 13.5   ~~subdivision 1~~ 166 percent of the average salary of a steelworker 
 13.6   in the taconite relief area, as certified by the executive 
 13.7   director of the United Steelworkers of America, district 11. 
 13.8      (3) When the commissioner ~~shall determine~~ determines that 
 13.9   distress and unemployment exists or may exist in the future in 
 13.10  any county by reason of the removal of natural resources or a 
 13.11  possibly limited use ~~thereof~~ of natural resources in the future 
 13.12  and ~~the~~ any resulting decrease in employment ~~resulting~~ 
 13.13  ~~therefrom, now or hereafter~~, the commissioner may use ~~such~~ 
 13.14  whatever amounts of the appropriation made to the commissioner 
 13.15  of revenue in section 298.28 ~~as~~ that are determined to be 
 13.16  necessary and proper in the development of the remaining 
 13.17  resources of ~~said~~ the county and in the vocational training and 
 13.18  rehabilitation of its residents, except that the amount needed 
 13.19  to cover cost overruns awarded to a contractor by an arbitrator 
 13.20  in relation to a contract awarded by the commissioner or in 
 13.21  effect after July 1, 1985, is appropriated from the general 
 13.22  fund.  For the purposes of this section, "development of 
 13.23  remaining resources" includes, but is not limited to, the 
 13.24  promotion of tourism. 
 13.25     Sec. 16.  Minnesota Statutes 1996, section 349A.02, 
 13.26  subdivision 1, is amended to read: 
 13.27     Subdivision 1.  [DIRECTOR.] A state lottery is established 
 13.28  under the supervision and control of the director of the state 
 13.29  lottery appointed by the governor with the advice and consent of 
 13.30  the senate.  The director must be qualified by experience and 
 13.31  training in the operation of a lottery to supervise the 
 13.32  lottery.  The director serves in the unclassified service.  The 
 13.33  annual salary rate authorized for the director is equal to ~~80~~ 85 
 13.34  percent of the salary rate prescribed for the governor ~~as of the~~ 
 13.35  ~~effective date of Laws 1993, chapter 146~~. 
 13.36     Sec. 17.  [SALARIES OF CONSTITUTIONAL OFFICERS, 
 14.1   LEGISLATORS, AND JUDGES.] 
 14.2      (a) The salaries of constitutional officers are increased 
 14.3   by 2.5 percent effective July 1, 1997, and by 2.5 percent 
 14.4   effective January 1, 1998. 
 14.5      (b) The salaries of legislators are increased by 5.0 
 14.6   percent effective January 4, 1999. 
 14.7      (c) The salaries of the judges of the supreme court, court 
 14.8   of appeals, and district court are increased by 4.0 percent 
 14.9   effective July 1, 1997, and by 4.0 percent effective January 1, 
 14.10  1998. 
 14.11     (d) Effective July 1, 1999, the salaries of judges of the 
 14.12  supreme court, court of appeals, and district court are 
 14.13  increased by the average of the general salary adjustments for 
 14.14  state employees in fiscal year 1998 provided by negotiated 
 14.15  collective bargaining agreements or arbitration awards ratified 
 14.16  by the legislature in the 1998 legislative session. 
 14.17     (e) Effective January 1, 2000, the salaries of judges of 
 14.18  the supreme court, court of appeals, and district court are 
 14.19  increased by the average of the general salary adjustments for 
 14.20  state employees in fiscal year 1999 provided by negotiated 
 14.21  collective bargaining agreements or arbitration awards ratified 
 14.22  by the legislature in the 1998 legislative session. 
 14.23     (f) The commissioner of employee relations shall calculate 
 14.24  the average of the general salary adjustments provided by 
 14.25  negotiated collective bargaining agreements or arbitration 
 14.26  awards ratified by the legislature in the 1998 legislative 
 14.27  session.  Negotiated collective bargaining agreements or 
 14.28  arbitration awards that do not include general salary 
 14.29  adjustments may not be included in these calculations.  The 
 14.30  commissioner shall weight the general salary adjustments by the 
 14.31  number of full-time equivalent employees covered by each 
 14.32  agreement or arbitration award.  The commissioner shall 
 14.33  calculate the average general salary adjustment for each fiscal 
 14.34  year covered by the agreements or arbitration awards.  The 
 14.35  results of these calculations must be expressed as percentages, 
 14.36  rounded to the nearest one-tenth of one percent.  The 
 15.1   commissioner shall calculate the new salaries for the positions 
 15.2   listed in paragraphs (d) and (e) using the applicable 
 15.3   percentages from the calculations in this paragraph and report 
 15.4   them to the speaker of the house, the president of the senate, 
 15.5   the chief justice of the supreme court, and the governor. 
 15.6      Sec. 18.  [PHASE-IN OF SALARY INCREASES.] 
 15.7      (a) Notwithstanding Minnesota Statutes, section 15A.083, 
 15.8   subdivision 6a, the salary of an administrative law judge 
 15.9   employed by the office of administrative hearings is 85 percent 
 15.10  of the salary of a district court judge effective July 1, 1997.  
 15.11  After June 30, 1998, the salary of an administrative law judge 
 15.12  employed by the office of administrative hearings is governed by 
 15.13  Minnesota Statutes, section 15A.083, subdivision 6a.  If an 
 15.14  employee's current salary exceeds the salary provided by this 
 15.15  subdivision, the employee retains that salary, but may not 
 15.16  receive a salary increase until the salary provided by this 
 15.17  section exceeds the employee's current salary. 
 15.18     (b) Notwithstanding Minnesota Statutes, section 15A.083, 
 15.19  subdivision 6a, the salary of the assistant chief administrative 
 15.20  law judge and the administrative law judge supervisor in the 
 15.21  office of administrative hearings is 90 percent of the salary of 
 15.22  a district court judge effective July 1, 1997.  After June 30, 
 15.23  1998, the salary of the assistant chief administrative law judge 
 15.24  and the administrative law judge supervisor is governed by 
 15.25  Minnesota Statutes, section 15A.083, subdivision 6a.  If an 
 15.26  employee's current salary exceeds the salary provided by this 
 15.27  subdivision, the employee retains the salary, but may not 
 15.28  receive a salary increase until the salary provided by this 
 15.29  section exceeds the employee's current salary. 
 15.30     (c) Notwithstanding Minnesota Statutes, section 15A.083, 
 15.31  subdivision 7, the salary of compensation judges is 85 percent 
 15.32  of the salary of a district court judge effective July 1, 1997.  
 15.33  After June 30, 1998, the salary of compensation judges is 
 15.34  governed by Minnesota Statutes, section 15A.083, subdivision 7. 
 15.35     Sec. 19.  [REVISOR INSTRUCTION.] 
 15.36     The revisor of statutes shall substitute the reference 
 16.1   "section 15A.0815" for each reference to section 15A.081, 
 16.2   subdivisions 1, 7, and 7b, wherever they occur in the next 
 16.3   edition of Minnesota Statutes and Minnesota Rules. 
 16.4      Sec. 20.  [REPEALER.] 
 16.5      Minnesota Statutes 1996, section 15A.081, subdivisions 1 
 16.6   and 7, are repealed. 
 16.7      Sec. 21.  [EFFECTIVE DATES.] 
 16.8      Sections 1 to 20 are effective July 1, 1997.