1.1.................... moves to amend H.F. No. 192 as follows:
1.2Page 1, line 18, delete"PUBLIC" and insert "STATE"
1.3Page 1, line 20, delete "a government" and insert "a legislative or executive branch"
1.4Page 2, lines 9 and 14, delete "government" and insert "legislative and executive
1.5branch"
1.6Page 2, line 20, delete "a government" and insert "an"
1.7Page 2, line 27, delete everything after the period and insert "Executive branch
1.8employees may not legally strike due to an employer's action that is"
1.9Page 2, delete line 28
1.10Page 2, line 29, delete "a government" and insert "an"
1.11Page 2, delete subdivision 5 and insert:
1.12    "Subd. 5. Executive branch. For purposes of this section, "executive branch" has
1.13the meaning defined in section 43A.02, but does not include the Minnesota State Colleges
1.14and Universities."
1.15Page 3, delete article 3
1.16Page 8, delete article 6 and insert:

1.17"ARTICLE 6
1.18PERFORMANCE APPRAISAL AND PAY

1.19    Section 1. Minnesota Statutes 2010, section 43A.20, is amended to read:
1.2043A.20 PERFORMANCE APPRAISAL AND PAY.
1.21(a) The commissioner shall design and maintain a performance appraisal and bonus
1.22pay system under which each employee in the civil service in the executive branch shall
1.23be evaluated and counseled on work performance at least once a year. The performance
1.24appraisal and bonus pay system must include three components:
1.25(1) evaluation of the individual employee's performance relative to goals for that
1.26individual;
2.1(2) evaluation of the performance of the individual employee's program, defined by
2.2the agency head, toward meeting targeted outcomes for the program; and
2.3(3) evaluation of the performance of the entire agency toward meeting targeted
2.4outcomes for the agency.
2.5(b) Individual pay increases for all employees not represented by an exclusive
2.6representative certified pursuant to chapter 179A shall be based on the evaluation
2.7evaluations required by paragraph (a) and other factors, consistent with paragraph (a),
2.8that the commissioner negotiates in collective bargaining agreements or includes in the
2.9plans developed pursuant to section 43A.18. Collective bargaining agreements entered
2.10into pursuant to chapter 179A may, and are encouraged to, provide for pay increases
2.11based on employee work performance. An employee in the executive branch may not
2.12receive an increase in salary or wages based on cost of living or progression to another
2.13step or lane unless the employee's supervisor certifies that the employee's individual
2.14performance has been satisfactory and justifies spending additional public funds on the
2.15employee's compensation.
2.16(c) This section supersedes any conflicting provision of other law.
2.17EFFECTIVE DATE.This section is effective July 1, 2011. For employees covered
2.18by a collective bargaining agreement, this section applies to collective bargaining
2.19agreements entered into on or after that date.

2.20    Sec. 2. SALARY FOR UPCOMING BIENNIUM.
2.21During the biennium ending June 30, 2013, each executive branch appointing
2.22authority shall construct a performance bonus component as part of overall compensation
2.23earned during that biennium. Under the performance bonus component, at least five
2.24percent of total base salary and wages otherwise payable to an employee may be paid
2.25only after completion of the performance appraisal conducted under Minnesota Statutes,
2.26section 43A.20, paragraph (a), and upon the appointing authority's determination that the
2.27employee's performance has been satisfactory and justifies spending additional public
2.28funds on the employee's compensation.
2.29This section supersedes any conflicting provision of other law.
2.30EFFECTIVE DATE.This section is effective July 1, 2011. For employees covered
2.31by a collective bargaining agreement, this section applies to collective bargaining
2.32agreements entered into on or after that date."
2.33Renumber the sections in sequence and correct the internal references
2.34Amend the title accordingly