Bill Text: MN SF134 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public employee definition modification
Spectrum: Partisan Bill (Republican 3-0)
Status: (Vetoed) 2012-03-12 - Veto message laid on table [SF134 Detail]
Download: Minnesota-2011-SF134-Introduced.html
Bill Title: Public employee definition modification
Spectrum: Partisan Bill (Republican 3-0)
Status: (Vetoed) 2012-03-12 - Veto message laid on table [SF134 Detail]
Download: Minnesota-2011-SF134-Introduced.html
1.2relating to employment; modifying definition of public employee;amending
1.3Minnesota Statutes 2010, section 179A.03, subdivision 14.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 179A.03, subdivision 14, is amended to
1.6read:
1.7 Subd. 14. Public employee or employee. "Public employee" or "employee" means
1.8any person appointed or employed by a public employer except:
1.9(a) elected public officials;
1.10(b) election officers;
1.11(c) commissioned or enlisted personnel of the Minnesota National Guard;
1.12(d) emergency employees who are employed for emergency work caused by natural
1.13disaster;
1.14(e) part-time employees whose service does not exceed the lesser of 14 hours per
1.15week or 35 percent of the normal work week in the employee's appropriate unit;
1.16(f) employees whose positions are basically temporary or seasonal in character and:
1.17(1) are not for more than 67 working days in any calendar year; or (2) are not for more
1.18than 100 working days in any calendar year and the employeesare under the age of 22, are
1.19full-time students enrolled in a nonprofit or public educational institution prior to being
1.20hired by the employer, and have indicated, either in an application for employment or by
1.21being enrolled at an educational institution for the next academic year or term, an intention
1.22to continue as students during or after their temporary employment;
2.1(g) employees providing services for not more than two consecutive quarters to the
2.2Board of Trustees of the Minnesota State Colleges and Universities under the terms of a
2.3professional or technical services contract as defined in section16C.08, subdivision 1 ;
2.4(h) employees of charitable hospitals as defined by section179.35, subdivision 3 ;
2.5(i) full-time undergraduate students employed by the school which they attend under
2.6a work-study program or in connection with the receipt of financial aid, irrespective
2.7of number of hours of service per week;
2.8(j) an individual who is employed for less than 300 hours in a fiscal year as an
2.9instructor in an adult vocational education program;
2.10(k) an individual hired by the Board of Trustees of the Minnesota State Colleges and
2.11Universities to teach one course for three or fewer credits for one semester in a year;
2.12(l) with respect to court employees:
2.13(1) personal secretaries to judges;
2.14(2) law clerks;
2.15(3) managerial employees;
2.16(4) confidential employees; and
2.17(5) supervisory employees;
2.18(m) with respect to employees of Hennepin Healthcare System, Inc., managerial,
2.19supervisory, and confidential employees.
2.20The following individuals are public employees regardless of the exclusions of
2.21clauses (e) and (f):
2.22(i) an employee hired by a school district or the Board of Trustees of the Minnesota
2.23State Colleges and Universities except at the university established in the Twin Cities
2.24metropolitan area under section136F.10 or for community services or community
2.25education instruction offered on a noncredit basis: (A) to replace an absent teacher or
2.26faculty member who is a public employee, where the replacement employee is employed
2.27more than 30 working days as a replacement for that teacher or faculty member; or (B)
2.28to take a teaching position created due to increased enrollment, curriculum expansion,
2.29courses which are a part of the curriculum whether offered annually or not, or other
2.30appropriate reasons;
2.31(ii) an employee hired for a position under clause (f)(1) if that same position has
2.32already been filled under clause (f)(1) in the same calendar year and the cumulative
2.33number of days worked in that same position by all employees exceeds 67 calendar days
2.34in that year. For the purpose of this paragraph, "same position" includes a substantially
2.35equivalent position if it is not the same position solely due to a change in the classification
2.36or title of the position; and
3.1(iii) an early childhood family education teacher employed by a school district.
1.3Minnesota Statutes 2010, section 179A.03, subdivision 14.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 179A.03, subdivision 14, is amended to
1.6read:
1.7 Subd. 14. Public employee or employee. "Public employee" or "employee" means
1.8any person appointed or employed by a public employer except:
1.9(a) elected public officials;
1.10(b) election officers;
1.11(c) commissioned or enlisted personnel of the Minnesota National Guard;
1.12(d) emergency employees who are employed for emergency work caused by natural
1.13disaster;
1.14(e) part-time employees whose service does not exceed the lesser of 14 hours per
1.15week or 35 percent of the normal work week in the employee's appropriate unit;
1.16(f) employees whose positions are basically temporary or seasonal in character and:
1.17(1) are not for more than 67 working days in any calendar year; or (2) are not for more
1.18than 100 working days in any calendar year and the employees
1.19full-time students enrolled in a nonprofit or public educational institution prior to being
1.20hired by the employer, and have indicated, either in an application for employment or by
1.21being enrolled at an educational institution for the next academic year or term, an intention
1.22to continue as students during or after their temporary employment;
2.1(g) employees providing services for not more than two consecutive quarters to the
2.2Board of Trustees of the Minnesota State Colleges and Universities under the terms of a
2.3professional or technical services contract as defined in section
2.4(h) employees of charitable hospitals as defined by section
2.5(i) full-time undergraduate students employed by the school which they attend under
2.6a work-study program or in connection with the receipt of financial aid, irrespective
2.7of number of hours of service per week;
2.8(j) an individual who is employed for less than 300 hours in a fiscal year as an
2.9instructor in an adult vocational education program;
2.10(k) an individual hired by the Board of Trustees of the Minnesota State Colleges and
2.11Universities to teach one course for three or fewer credits for one semester in a year;
2.12(l) with respect to court employees:
2.13(1) personal secretaries to judges;
2.14(2) law clerks;
2.15(3) managerial employees;
2.16(4) confidential employees; and
2.17(5) supervisory employees;
2.18(m) with respect to employees of Hennepin Healthcare System, Inc., managerial,
2.19supervisory, and confidential employees.
2.20The following individuals are public employees regardless of the exclusions of
2.21clauses (e) and (f):
2.22(i) an employee hired by a school district or the Board of Trustees of the Minnesota
2.23State Colleges and Universities except at the university established in the Twin Cities
2.24metropolitan area under section
2.25education instruction offered on a noncredit basis: (A) to replace an absent teacher or
2.26faculty member who is a public employee, where the replacement employee is employed
2.27more than 30 working days as a replacement for that teacher or faculty member; or (B)
2.28to take a teaching position created due to increased enrollment, curriculum expansion,
2.29courses which are a part of the curriculum whether offered annually or not, or other
2.30appropriate reasons;
2.31(ii) an employee hired for a position under clause (f)(1) if that same position has
2.32already been filled under clause (f)(1) in the same calendar year and the cumulative
2.33number of days worked in that same position by all employees exceeds 67 calendar days
2.34in that year. For the purpose of this paragraph, "same position" includes a substantially
2.35equivalent position if it is not the same position solely due to a change in the classification
2.36or title of the position; and
3.1(iii) an early childhood family education teacher employed by a school district.
