HF 419

as introduced - 87th Legislature (2011 - 2012) Posted on 02/09/2011 08:57am

A bill for an act
relating to state government; reducing the number of departments in the executive
branch; amending Minnesota Statutes 2010, sections 15.01; 15.06, subdivision 1;
15A.0815, subdivisions 2, 3; 43A.08, subdivision 1a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 15.01, is amended to read:

15.01 DEPARTMENTS OF THE STATE.

The following agencies are designated as the departments of the state government:
the Department of Administration; the Department of Agriculture; the Department of
Commerce; deleted text begin the Department of Corrections; deleted text end the Department of Education; deleted text begin the Department
of Employment and Economic Development; the Department of Health; the Department
of Human Rights; the Department of Labor and Industry; the Department of Management
and Budget; deleted text end the Department of Military new text begin and Veterans new text end Affairs; the Department of Natural
Resources; the Department of Public Safety; the Department of Human Services; deleted text begin the
Department of Revenue; the Department of Transportation; the Department of Veterans
Affairs; deleted text end and their successor departments.

Sec. 2.

Minnesota Statutes 2010, section 15.06, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

This section applies to the following departments
or agencies: the Departments of Administration, Agriculture, Commerce, deleted text begin Corrections, deleted text end
Education, deleted text begin Employment and Economic Development, Health, Human Rights, Labor and
Industry, Management and Budget, deleted text end new text begin Military and Veterans Affairs, new text end Natural Resources,
Public Safety, Human Services, deleted text begin Revenue, Transportation, and Veterans Affairs; the
Housing Finance and Pollution Control Agencies; the Office of Commissioner of Iron
Range Resources and Rehabilitation; the Bureau of Mediation Services; deleted text end and their
successor departments and agencies. The heads of the foregoing departments or agencies
are "commissioners."

Sec. 3.

Minnesota Statutes 2010, section 15A.0815, subdivision 2, is amended to read:

Subd. 2.

Group I salary limits.

The salaries for positions in this subdivision may
not exceed 95 percent of the salary of the governor:

Commissioner of administration;

Commissioner of agriculture;

Commissioner of education;

Commissioner of commerce;

Commissioner of corrections;

deleted text begin Commissioner of health;
deleted text end

deleted text begin Executive director, Minnesota Office of Higher Education;
deleted text end

deleted text begin Commissioner, Housing Finance Agency;
deleted text end

deleted text begin Commissioner of human rights;
deleted text end

Commissioner of human services;

deleted text begin Commissioner of labor and industry;
deleted text end

deleted text begin Commissioner of management and budget;
deleted text end

new text begin Commissioner of military and veterans affairs;
new text end

Commissioner of natural resources;

deleted text begin Director of Office of Strategic and Long-Range Planning;
deleted text end

deleted text begin Commissioner, Pollution Control Agency;
deleted text end

Executive director, Public Employees Retirement Association;

Commissioner of public safety;

deleted text begin Commissioner of revenue;
deleted text end

Executive director, State Retirement System; new text begin and
new text end

Executive director, Teachers Retirement Association deleted text begin ; deleted text end new text begin .
new text end

deleted text begin Commissioner of employment and economic development;
deleted text end

deleted text begin Commissioner of transportation; and
deleted text end

deleted text begin Commissioner of veterans affairs.
deleted text end

Sec. 4.

Minnesota Statutes 2010, section 15A.0815, subdivision 3, is amended to read:

Subd. 3.

Group II salary limits.

The salaries for positions in this subdivision may
not exceed 85 percent of the salary of the governor:

Executive director of Gambling Control Board;

Commissioner, Iron Range Resources and Rehabilitation Board;

deleted text begin Commissioner, Bureau of Mediation Services;
deleted text end

Ombudsman for Mental Health and Developmental Disabilities;

Chair, Metropolitan Council;

Executive director of pari-mutuel racing; and

Commissioner, Public Utilities Commission.

Sec. 5.

Minnesota Statutes 2010, section 43A.08, subdivision 1a, is amended to read:

Subd. 1a.

Additional unclassified positions.

Appointing authorities for the
following agencies may designate additional unclassified positions according to this
subdivision: the Departments of Administration; Agriculture; Commerce; deleted text begin Corrections; deleted text end
Education; deleted text begin Employment and Economic Development; Explore Minnesota Tourism;
Management and Budget; Health; Human Rights; Labor and Industry; deleted text end Natural Resources;
Public Safety; Human Services; deleted text begin Revenue; Transportation; and deleted text end new text begin Military and new text end Veterans
Affairs; deleted text begin the Housing Finance and Pollution Control Agencies; deleted text end the State Lottery; the
State Board of Investment; the Office of Administrative Hearings; the Offices of the
Attorney General, Secretary of State, and State Auditor; the Minnesota State Colleges
and Universities; deleted text begin the Minnesota Office of Higher Education; deleted text end the Perpich Center for Arts
Education; and the Minnesota Zoological Board.

A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:

(1) the designation of the position would not be contrary to other law relating
specifically to that agency;

(2) the person occupying the position would report directly to the agency head or
deputy agency head and would be designated as part of the agency head's management
team;

(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;

(4) the duties of the position would not require primarily personnel, accounting, or
other technical expertise where continuity in the position would be important;

(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;

(6) the position would be at the level of division or bureau director or assistant
to the agency head; and

(7) the commissioner has approved the designation as being consistent with the
standards and criteria in this subdivision.

Sec. 6. new text begin REASSIGNMENT OF DUTIES.
new text end

new text begin (a) The commissioner of administration, with the approval of the governor, must
issue reorganization orders under Minnesota Statutes, section 16B.37, to reassign the
duties of the departments abolished under Minnesota Statutes, section 15.01, to the
remaining departments listed in Minnesota Statutes, section 15.01. Notwithstanding any
contrary provision of Minnesota Statutes, section 16B.37, these reorganization orders take
effect upon filing with the secretary of state, even if the order transfers all or substantially
all of the powers, duties, and personnel of an executive branch entity. As required by
Minnesota Statutes, section 16B.37, the commissioner of administration must submit to
the legislature by January 15, 2012, a bill to make all statutory changes required as a
result of these reorganization orders.
new text end

new text begin (b) The commissioner of administration, in coordination with the commissioners
of agencies listed in Minnesota Statutes, section 15.01, must report to the legislature by
January 15, 2012, on efforts to consolidate divisions, programs, and activities within the
agencies listed in Minnesota Statutes, section 15.01, to maximize efficiency and minimize
overlap and duplication. The report must include proposed statutory changes needed to
accomplish the requirements of this section.
new text end

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 6 are effective July 1, 2011.
new text end