as introduced - 87th Legislature (2011 - 2012) Posted on 02/08/2012 11:55am
A bill for an act
relating to the legislature; enacting various reforms; establishing districting
principles and providing for appointment of a commission to recommend
boundaries of legislative and congressional districts; establishing a council to
determine compensation for legislators; modifying the council that recommends
compensation for executive and judicial officials; providing for funding for state
government if a complete budget is not enacted by July 1 of an odd-numbered
year; modifying authority of the executive branch to reduced unexpended
allotments; prohibiting meetings at certain times; prohibiting officers of major
political parties from being employed by the legislature; expanding economic
disclosure requirements; amending Minnesota Statutes 2010, sections 2.021;
3.055; 3.07; 3.18; 10A.09, subdivision 5; 15A.082, subdivisions 1, 2, 3, 4;
16A.103, by adding a subdivision; 16A.152, subdivision 4; 204B.14, subdivision
1a; proposing coding for new law in Minnesota Statutes, chapters 2; 15A; 16A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2010, section 2.021, is amended to read:
deleted text begin For each legislature, until a new apportionment
shall have been made,deleted text end new text begin (a)new text end The senate is composed of 67 members and the house of
representatives is composed of 134 members.new text begin The membership is apportioned throughout
the state in 67 senate districts and 134 house districts. Each senate district is entitled to
elect one senator, and each house district is entitled to elect one representative.
new text end
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(b) A plan for congressional districts must have the number of districts apportioned
to this state by the United States, each entitled to elect a single member.
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A representative district may not be divided in the formation
of a senate district.
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(a) Legislative districts must be substantially equal
in population. The population of a legislative district must not deviate from the ideal
by more than two percent, plus or minus.
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(b) Congressional districts must be as nearly equal in population as practicable.
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The districts must be composed of convenient
contiguous territory structured into compact units. Contiguity by water is sufficient.
Territory that touches only at a point is not contiguous, unless the territory is within the
same city or town.
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The districts must be created to encourage
political competitiveness, as defined by the commission established under section 2.025.
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(a) The legislative districts must be numbered in a regular
series, beginning with house district 1A in the northwest corner of the state and proceeding
across the state from west to east, north to south, but bypassing the seven-county
metropolitan area until the southeast corner has been reached; then to the seven-county
metropolitan area outside the counties of Hennepin and Ramsey; then in Hennepin and
finally in Ramsey.
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(b) The congressional district numbers must begin with district one in the southeast
corner of the state and end with the district with the highest number in the northeast
corner of the state.
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The districts must not dilute the voting strength
of racial or language minority populations. Where a concentration of a racial or language
minority makes it possible, and it can be done in compliance with the other principles
in this section, the districts must increase the probability that members of the minority
will be elected.
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A county, city, or town must not
be divided into more than one district except as necessary to meet equal population
requirements or to form districts that are composed of convenient, contiguous, and
compact territory. When a county, city, or town must be divided into more than one
district, it should be divided into as few districts as possible.
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The districts should attempt to preserve
communities of interest where that can be done in compliance with the preceding
principles. For purposes of this principle, "communities of interest" include, but are
not limited to, geographic areas where there are clearly recognizable similarities of
social, political, cultural, ethnic, or economic interests, or that are linked by common
transportation or communication.
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The districts must not be drawn for the purpose of
protecting or defeating an incumbent.
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Where it is not possible to fully comply with the principles
provided in subdivisions 1 to 10, a redistricting plan must give priority to those principles
in the order in which the subdivisions are listed in this section, except to the extent that
doing so would violate federal or state law.
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In each year ending in one a redistricting commission
shall be established to draw the boundaries of legislative and congressional districts in
accordance with the principles established in section 2.021. The commission consists of
five retired judges of the appellate or district courts of this state who have not served in
a party-designated or party-endorsed position, such as legislator, four of whom shall be
appointed by the chief justice no later than March 1 of the year ending in one. The director
of the Legislative Coordinating Commission shall convene a meeting of the four judges no
later than March 15 of that year, at which meeting the four judges thus appointed shall,
by a vote of at least three judges, appoint a fifth judge. The five judges shall select one
of their number to serve as chair of the commission. In making appointments under this
subdivision, consideration must be given to geographic balance among the members
of the commission.
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In performing their duties, the members of the
commission shall abide by the Code of Judicial Conduct and are considered judicial
officers within the meaning of section 609.415.
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Members of the commission must be
compensated for their commission activity as provided in section 15.0575, subdivision 3.
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The Legislative Coordinating Commission shall
provide administrative support to the commission.
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The commission shall adopt a schedule
for interested persons to submit proposed plans to the commission and to respond to
plans proposed by others. The commission shall adopt standards to govern the format
of plans submitted to it.
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The commission shall hold at least three public hearings
in different geographical regions of the state before adopting any redistricting plans.
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(a) The commission shall submit to the legislature, by April
30 of the year ending in one, three proposed redistricting plans for legislative seats and
three proposed plans for congressional seats. Any of these plans may be enacted or
rejected by the legislature, but not modified. Each body of the legislature must vote on
at least one legislative plan and one congressional plan proposed by the commission
before adjustment in the year ending in one.
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(b) If the commission fails to submit a set of plans by the deadline, the legislature
may proceed to enact a plan without waiting for the commission to submit its plans.
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In the event a plan for legislative or
congressional districts is not enacted by the legislature, or a plan is enacted but challenged
under federal or state law, the chief justice must give priority to members of the
commission in making appointments to any panel that may be established to hear claims
related to redistricting.
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Except for duties required by subdivision 8, the commission
expires when both legislative and congressional redistricting plans have been enacted into
law or adopted by court order, or upon adjournment sine die of the legislature at its first
regular session after each federal decennial census, whichever occurs first.
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Minnesota Statutes 2010, section 204B.14, subdivision 1a, is amended to read:
It is the intention of the legislature to complete
congressional and legislative redistricting activities in time to permit counties and
municipalities to begin the process of reestablishing precinct boundaries as soon as
possible after the adoption of the congressional and legislative redistricting plans but in
no case later than deleted text begin 25 weeks before the state primary election indeleted text end new text begin November 30new text end the year
ending in deleted text begin twodeleted text end new text begin onenew text end .
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Compensation for legislators must be determined by a council consisting of the
following members: one person who is not a judge from each congressional district
appointed by the chief justice of the Supreme Court, and one member from each
congressional district appointed by the governor. Half of the members appointed by
the governor and half of the members appointed by the chief justice must belong to the
political party that has the most members in the legislature. Half of the members appointed
by the governor and half of the members appointed by the chief justice must belong
to the political party that has the second-largest number of members in the legislature.
None of the members of the council may be legislators. Members serve at the pleasure
of the appointing authority, without compensation. The council must prescribe salaries
and per diem by March 31 of each odd-numbered year and may prescribe other items of
compensation. Any changes in compensation take effect on the first Monday in January in
the following year.
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Minnesota Statutes 2010, section 15A.082, subdivision 1, is amended to read:
deleted text begin Adeleted text end new text begin An Executive and Judicialnew text end Compensation Council is
created each deleted text begin even-numbereddeleted text end new text begin odd-numberednew text end year to assist the legislature in establishing
the compensation of constitutional officers, deleted text begin members of the legislature,deleted text end justices of the
Supreme Court, judges of the Court of Appeals and district court, and the heads of state
and metropolitan agencies included in section 15A.0815.
Minnesota Statutes 2010, section 15A.082, subdivision 2, is amended to read:
The new text begin Executive and Judicial new text end Compensation Council consists
of 16 members: two members of the house of representatives appointed by the speaker of
the house; two members of the senate appointed by the majority leader of the senate; one
member of the house of representatives appointed by the minority leader of the house of
representatives; one member of the senate appointed by the minority leader of the senate;
two nonjudges appointed by the chief justice of the Supreme Court; and one member from
each congressional district appointed by the governor, of whom no more than four may
belong to the same political party. Appointments must be made by deleted text begin October 1deleted text end new text begin after the first
Monday in January and before January 15new text end . The compensation and removal of members
appointed by the governor or the chief justice shall be as provided in section 15.059,
subdivisions 3 and 4. The Legislative Coordinating Commission shall provide the council
with administrative and support services.
Minnesota Statutes 2010, section 15A.082, subdivision 3, is amended to read:
(a) By deleted text begin May 1deleted text end new text begin March 31new text end in each
odd-numbered year, the new text begin Executive and Judicial new text end Compensation Council shall submit to
the speaker of the house and the president of the senate salary recommendations for
constitutional officers, deleted text begin legislators,deleted text end justices of the Supreme Court, and judges of the Court
of Appeals and district court. The recommended salary for each office must take effect
on the first Monday in January of the next odd-numbered year, with no more than one
adjustment, to take effect on January 1 of the year after that. The salary recommendations
for deleted text begin legislators,deleted text end judgesdeleted text begin ,deleted text end and constitutional officers take effect if an appropriation of money
to pay the recommended salaries is enacted after the recommendations are submitted and
before their effective date. Recommendations may be expressly modified or rejected.
deleted text begin The salary recommendations for legislators are subject to additional terms that may be
adopted according to section 3.099, subdivisions 1 and 3.
deleted text end
(b) The council shall also submit to the speaker of the house and the president of
the senate recommendations for the salary ranges of the heads of state and metropolitan
agencies, to be effective retroactively from January 1 of that year if enacted into law. The
recommendations shall include the appropriate group in section 15A.0815 to which each
agency head should be assigned and the appropriate limitation on the maximum range of
the salaries of the agency heads in each group, expressed as a percentage of the salary of
the governor.
Minnesota Statutes 2010, section 15A.082, subdivision 4, is amended to read:
In making compensation recommendations, the new text begin Executive
and Judicial Compensation new text end Council shall consider the amount of compensation paid
in government service and the private sector to persons with similar qualifications,
the amount of compensation needed to attract and retain experienced and competent
persons, and the ability of the state to pay the recommended compensation. deleted text begin In making
recommendations for legislative compensation, the council shall also consider the
average length of a legislative session, the amount of work required of legislators during
interim periods, and opportunities to earn income from other sources without neglecting
legislative duties.
deleted text end
Minnesota Statutes 2010, section 16A.103, is amended by adding a
subdivision to read:
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If the February forecast in an odd-numbered year predicts a budget deficit for
the next budget biennium, the commissioner must include in the forecast report the size
and scope of the expenditure cuts and income tax increases that would be required under
section 16A.1175 if no major appropriation bills are enacted before July 1.
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If a major appropriation bill
is not enacted before July 1 of an odd-numbered year, the existing appropriation amounts
pertaining to that bill for the fiscal year ending that June 30 are in effect again at the
base level for each fiscal year of the budget biennium beginning July 1. The base level
is the amount appropriated for the fiscal year ending that June 30, except as otherwise
provided by subdivision 2 or by other law. The amounts needed to implement this section
are appropriated from each fund covered by this section. The house of representatives
and the senate may adopt joint resolutions designating the major appropriations bills and
specifying which appropriations pertain to each major appropriations bill for purposes
of this section.
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An appropriation remaining in effect under
authority of subdivision 1 must be adjusted or discontinued as required by other law and
in the following circumstances:
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(1) in order to fully satisfy the fiscal obligations required by current law, the
commissioner must adjust base spending levels for each forecasted program according to
the forecast adjusted base spending level estimated by the commissioner in the February
forecast;
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(2) an appropriation for the fiscal year ending June 30 of the odd-numbered year
does not remain in effect for the fiscal year starting on July 1 if the legislature specifically
designated the appropriation as a onetime appropriation, if the commissioner determines
that the legislature clearly intended the appropriation to be onetime, or if the program for
which the appropriation was made expires on or before July 1;
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(3) if an appropriation remains in effect under authority of subdivision 1, but the
program or activity that is the subject of the appropriation is scheduled to expire during a
fiscal year, the commissioner must prorate the appropriation; or
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(4) the commissioner may make technical adjustments to the amount of an
appropriation to the extent the commissioner determines the technical adjustments are
needed to accurately reflect the amount that constitutes the annual base level of the
appropriation. The commissioner may make an adjustment under this paragraph only if
one or more of the following conditions is met:
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(i) the legislature previously appropriated money for a biennium, with the entire
appropriation being allocated to one year of the biennium, and the commissioner
determines an adjustment is necessary to accurately reflect the annual amount needed to
maintain program operations at the same level;
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(ii) laws or policies under which revenues and expenditures are accounted for have
changed to eliminate or consolidate certain funds or accounts or to create new funds or
accounts, and adjustments in appropriations are necessary to implement these changes;
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(iii) duties have been transferred between agency programs, or between agencies,
and adjustments in appropriations are necessary to reflect these transfers; or
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(iv) a program, or changes to a program, were not fully operational in one fiscal year,
but will be fully operational in the following year, and an adjustment to the appropriation
is needed to accurately reflect the annual cost of the new or changed program.
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The commissioner must give the chairs and lead minority caucus members of the
senate Finance and house of representatives Ways and Means Committees written notice
of any adjustments made under this subdivision.
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If the commissioner anticipates that the
appropriations required under subdivisions 1 and 2, plus any other appropriations enacted
for the budget biennium beginning July 1 of the odd-numbered year, will leave a positive
unrestricted budgetary general fund balance at the close of the biennium, the commissioner
shall allocate this surplus as required by section 16A.152, subdivision 2.
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If a major appropriation bill is
enacted for the budget biennium beginning July 1 of an odd-numbered year, that bill
shall supersede any continuing appropriations for that major appropriation bill under
this section.
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A line-item veto of the appropriation for a
program within a major appropriation bill does not trigger a continuing appropriation at
the base level for that program under this section.
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If the continuing appropriations required under section
16A.117, plus any other appropriations enacted for the budget biennium beginning July
1 of the odd-numbered year, result in an anticipated budget deficit for the biennium
beginning July 1, the commissioner shall eliminate 50 percent of the anticipated deficit by
uniformly reducing all appropriations as provided in subdivision 2. The commissioner
shall eliminate the remaining 50 percent by increasing income tax rates as provided in
subdivision 3.
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(a) Notwithstanding any other law,
except as provided in paragraph (b), the commissioner shall apply the same percentage
reduction to the base funding level or adjusted base funding level, when applicable, for
each program that is to receive a continuing appropriation under section 16A.117. The
commissioner shall apply the same percentage reduction to each appropriation otherwise
enacted for the budget biennium beginning July 1 of the odd-numbered year.
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(b) The commissioner must ensure that sufficient funds are appropriated to satisfy all
debt service obligations. The commissioner may not reduce funding for a program if the
attorney general or a court of law issues a written legal opinion stating that the federal
constitution, the state constitution, or another factor prohibits the state from reducing
funding for the program in the same manner as other programs.
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(a) The commissioner shall
uniformly increase each of the income tax rates applicable to individuals, trusts, and
estates under section 290.06, subdivision 2c, and the corporate franchise tax rate applicable
to corporations under section 290.06, subdivision 1. The resulting rates apply to taxable
years beginning after December 31 of the odd-numbered year. The commissioner shall
notify the revisor of statutes of the increased rates, and the revisor shall publish the revised
rates on the revisor's Web site and in the next edition of the Minnesota Statutes.
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(b) The commissioner shall notify the commissioner of revenue of the increased
rates. The commissioner of revenue shall prepare forms for taxable years beginning after
December 31 of the odd-numbered year based on the modified tax rates and shall prepare
and distribute new withholding tables for payroll periods beginning after December 31 of
the odd-numbered year.
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(c) For taxable years beginning during the odd-numbered year, no penalties or
interest may be imposed on underpayments of estimated tax that result from an increase in
tax rates imposed under this section.
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After each legislative session that modifies general fund revenues or expenditures,
the commissioner shall prepare a fund balance analysis showing forecast general fund
revenues and expenditures for the current and next following bienniums, as modified by the
laws enacted at that session. The fund balance analysis must be prepared in consultation
with the chairs of the senate Finance Committee and house of representatives Finance
Committee and Ways and Means Committee and legislative staff designated by the chairs.
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Minnesota Statutes 2010, section 16A.152, subdivision 4, is amended to read:
(a) If the commissioner determines that probable receipts
for the general fund will be less than anticipated, and that the amount available for the
remainder of the biennium will be less than needed, the commissioner shall, with the
approval of the governor, and after consulting the Legislative deleted text begin Advisorydeleted text end Commissionnew text begin on
Planning and Fiscal Policynew text end , reduce the amount in the budget reserve account as needed to
balance expenditures with revenue.
(b) An additional deficit shall, with the approval of the governor, and after consulting
the Legislative deleted text begin Advisorydeleted text end Commissionnew text begin on Planning and Fiscal Policynew text end , be made up by
reducing unexpended allotments of any prior appropriation or transfer.
new text begin (c)new text end Notwithstanding any other law to the contrary, the commissioner is empowered
to defer or suspend prior statutorily created obligations deleted text begin whichdeleted text end new text begin thatnew text end would prevent effecting
deleted text begin suchdeleted text end new text begin thenew text end reductions.new text begin In reducing allotments for statutorily created obligations, the
commissioner may reduce payments to all recipients in proportion to their payments or in
proportion to the sum of their payments plus their other revenue, but must not otherwise
modify formulas, eligibility standards, or similar statutory criteria.
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(d) The sum of reductions to general fund allotments during a biennium must not
exceed two percent of the total general fund appropriations for the biennium. The sum of
reductions to allotments of a single general fund appropriation must not exceed ten percent
of the appropriation, and no program may be eliminated. Reductions to allotments include
deferrals or suspensions of payments beyond the biennium.
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deleted text begin (c)deleted text end new text begin (e)new text end If the commissioner determines that probable receipts for any other fund,
appropriation, or item will be less than anticipated, and that the amount available for the
remainder of the term of the appropriation or for any allotment period will be less than
needed, the commissioner shall notify the agency concerned and then reduce the amount
allotted or to be allotted so as to prevent a deficit.
deleted text begin (d)deleted text end new text begin (f)new text end In reducing allotments, the commissioner may consider other sources of
revenue available to recipients of state appropriations and may apply allotment reductions
based on all sources of revenue available.
deleted text begin (e)deleted text end new text begin (g)new text end In like manner, the commissioner shall reduce allotments to an agency by the
amount of any saving that can be made over previous spending plans through a reduction
in prices or other cause.
Minnesota Statutes 2010, section 3.055, is amended to read:
Meetings of the legislature
shall be open to the public, including sessions of the senate, sessions of the house of
representatives, joint sessions of the senate and the house of representatives, and meetings
of a standing committee, committee division, subcommittee, conference committee, or
legislative commission, but not including a caucus of the members of any of those bodies
from the same house and political party nor a delegation of legislators representing a
geographic area or political subdivision. For purposes of this deleted text begin sectiondeleted text end new text begin subdivisionnew text end , a
meeting occurs when a quorum is present and action is taken regarding a matter within the
jurisdiction of the body. Each house shall provide by rule for posting notices of meetings,
recording proceedings, and making the recordings and votes available to the public.new text begin A
meeting may not be held between the hours of midnight and 7:00 a.m., or during any time
that the Capitol Building or State Office Building is closed to the public.
new text end
(a) A meeting governed by deleted text begin this sectiondeleted text end new text begin
subdivision 1new text end may be conducted by interactive television so long as:
(1) all members of the body participating in the meeting, wherever their physical
location, can hear and see one another and can hear and see all discussion and testimony
presented at any location at which at least one member is present;
(2) members of the public present at the regular meeting location of the body can
hear and see all discussion and testimony and all votes of members of the body; and
(3) at least one member of the body is physically present at the regular meeting
location.
(b) Each member of a body participating in a meeting by interactive television is
considered present at the meeting for purposes of determining a quorum and participating
in all proceedings.
(c) If interactive television is used to conduct a meeting, to the extent practical, a
body shall allow a person to monitor the meeting electronically from a remote location.
The body may require the person making such a connection to pay for documented
marginal costs that the body incurs as a result of the additional connection.
(d) House of representatives and senate rules governing notice of meetings must
provide for giving notice that interactive television will be used to conduct a meeting.
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(a)
A meeting between a legislative leader and the governor or a member of the governor's
cabinet to negotiate matters related to pending legislation or to discuss other official
business of the state that may require legislative action must not be held at any time the
capitol building or state office building is closed to the public.
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new text begin
(b) For purposes of this subdivision, "legislative leader" includes the speaker of the
house, the majority and minority leaders of the house of representatives, the majority and
minority leaders of the senate, or the chair of a legislative standing committee, committee
division, subcommittee, conference committee, or legislative commission with oversight
over matters relating to the state budget or fiscal policy.
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The house of representatives and the senate shall adopt rules
to implement this section. Remedies provided by rules of the house of representatives
and senate are exclusive. No court or administrative agency has jurisdiction to enforce,
enjoin, penalize, award damages, or otherwise act upon a violation or alleged violation of
this section, to invalidate any provision of law because of a violation of this section, or to
otherwise interpret this section.
Minnesota Statutes 2010, section 3.07, is amended to read:
Each house, after its organization, may appoint and at pleasure remove the employees
provided for by its permanent rules or recommended by its Committee on Rules. new text begin The
house of representatives, the senate, or a joint legislative commission or joint legislative
office may not employ a person who is an officer of the statewide organization of a major
political party, as defined in section 200.02, subdivision 7. new text end All officers and employees shall
receive the compensation provided by the permanent rules of the electing or appointing
body or recommended by its Committee on Rules. Unless otherwise expressly provided
by law, no officer or employee shall receive any other compensation for services.
Minnesota Statutes 2010, section 3.18, is amended to read:
new text begin (a) new text end Each house may determine, by rule or resolution, the number of copies of its
journal to be printed, and the form and contents of its other recordsnew text begin , and shall adopt and
post on its Web site a policy for records retention, including procedures for access to
legislative records made available for public inspection as required by lawnew text end .
deleted text begin Itdeleted text end new text begin (b) Each housenew text end may have printed, in an appendix to its journal, the documents
it desires. If both houses order the same document to be so printed, it shall be inserted
only in the appendix to the senate journal.
Minnesota Statutes 2010, section 10A.09, subdivision 5, is amended to read:
A statement of economic interest required by this section must be
on a form prescribed by the board. The individual filing must provide the following
informationnew text begin regarding the individual and the individual's spousenew text end :
(1) name, address, occupation, and principal place of business;
(2) the name of each associated business and the nature of that association;
(3) a listing of all real property within the state, excluding homestead property, in
which the individualnew text begin or the individual's spousenew text end holds: (i) a fee simple interest, a mortgage,
a contract for deed as buyer or seller, or an option to buy, whether direct or indirect, if
the interest is valued in excess of $2,500; or (ii) an option to buy, if the property has
a fair market value of $50,000 or more;
(4) a listing of all real property within the state in which a partnership of which
the individualnew text begin or the individual's spousenew text end is a member holds: (i) a fee simple interest, a
mortgage, a contract for deed as buyer or seller, or an option to buy, whether direct or
indirect, if the individual's share of the partnership interest is valued in excess of $2,500;
or (ii) an option to buy, if the property has a fair market value of $50,000 or more. A
listing under clause (3) or (4) must indicate the street address and the municipality or the
section, township, range and approximate acreage, whichever applies, and the county in
which the property is located; deleted text begin and
deleted text end
(5) a listing of any investments, ownership, or interests in property connected with
pari-mutuel horse racing in the United States and Canada, including a racehorse, in which
the individual directly or indirectly holds a partial or full interest or an immediate family
member holds a partial or full interestnew text begin ; and
new text end
new text begin (6) any contract or other agreement under which the individual or the individual's
spouse will perform services for compensation as a consultant, employee, or independent
contractor for a person or entity other than the state. Disclosure under this clause must
include the person or entity for which services will be performed, the duration of the
arrangement, and the compensation the individual or spouse will receive under the
arrangementnew text end .