Minnesota Legislature
HF 1693
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/13/2023 01:07pm
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 02/10/2023 |
Current Version - as introduced
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A bill for an act
relating to state government; changing provisions for certain legislative
commissions and councils and other state councils; amending Minnesota Statutes
2022, sections 3.303, subdivision 6; 3.888, subdivision 5, by adding subdivisions;
15A.0825, subdivisions 1, 2, 3, 4; 137.0245, subdivision 2, by adding a subdivision;
161.1419, subdivision 2; 507.0945; repealing Minnesota Statutes 2022, section
136F.03.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 3.303, subdivision 6, is amended to read:
Subd. 6.
Grants; staff; space; equipmentnew text begin ; contractsnew text end .
new text begin (a) new text end The commission may make
grants, employ an executive director and other staff, and obtain office space, equipment,
and supplies necessary to perform its duties.
new text begin
(b) The executive director may enter into contracts in compliance with section 3.225 to
provide necessary services and supplies for the house of representatives and the senate, and
for legislative commissions and joint legislative offices. A contract for professional or
technical services that is valued at more than $50,000 may be made only after the executive
director has consulted with the chair and vice-chair of the commission.
new text end
Sec. 2.
Minnesota Statutes 2022, section 3.888, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Definition. new text end
new text begin
(a) For purposes of this section, the following term has the meaning
given.
new text end
new text begin
(b) "Closed meeting records" means the recordings, minutes, documents, and member
voting records, if any, from a closed meeting by the commission.
new text end
Sec. 3.
Minnesota Statutes 2022, section 3.888, subdivision 5, is amended to read:
Subd. 5.
Meetings.
The commission must meet at least three times per calendar year.
The meetings of the commission are subject to section 3.055, except that the commission
may close a meeting when necessary to safeguard the state's cybersecurity. deleted text begin The minutes,
recordings, and documents from a closed meeting under this subdivisiondeleted text end new text begin Closed meeting
records new text end shall be maintained by the Legislative Coordinating Commission and shall not be
made available to the public until new text begin at least new text end eight years new text begin but no more than 20 years new text end after the
date of the new text begin closed new text end meeting.
Sec. 4.
Minnesota Statutes 2022, section 3.888, is amended by adding a subdivision to
read:
new text begin Subd. 5a. new text end
new text begin Closed meetings procedures. new text end
new text begin
The commission must adopt procedures for
conducting closed meetings before the commission's first closed meeting. At a minimum,
the procedures must include:
new text end
new text begin
(1) a requirement to provide notice to the public, when practicable, before each closed
meeting of the commission's intent and authority to hold a closed meeting, or to hold a
closed session during an otherwise open meeting;
new text end
new text begin
(2) a requirement that the commission minimize the number of people present at a closed
meeting to those necessary to conduct the meeting;
new text end
new text begin
(3) steps the commission must take if a commission member is alleged to have violated
the confidentiality of a closed meeting; and
new text end
new text begin
(4) guidance for the Legislative Coordinating Commission for the public release of
closed meeting records following the eight year record requirement in subdivision 5. The
meetings of the Legislative Coordinating Commission under this subdivision are exempt
from section 3.055 when necessary to safeguard the confidentiality of closed meeting records.
new text end
Sec. 5.
Minnesota Statutes 2022, section 3.888, is amended by adding a subdivision to
read:
new text begin Subd. 5b. new text end
new text begin Alleged member closed meeting confidentiality violations. new text end
new text begin
Notwithstanding
any law to the contrary, if a complaint alleging a member violated the confidentiality of a
closed meeting is brought to a legislative committee with jurisdiction over ethical conduct,
the committee with jurisdiction over ethical conduct must preserve the confidentiality of
the closed meeting at issue.
new text end
Sec. 6.
Minnesota Statutes 2022, section 15A.0825, subdivision 1, is amended to read:
Subdivision 1.
Membership.
(a) The Legislative Salary Council consists of the following
members:
(1) one person, who is not a judge, from each congressional district, appointed by the
chief justice of the supreme court; and
(2) one person from each congressional district, appointed by the governor.
(b) If Minnesota has an odd number of congressional districts, the governor and the chief
justice must each appoint an at-large member, in addition to a member from each
congressional district.
(c) One-half of the members appointed by the governor and one-half of the members
appointed by the chief justice must belong to the political party that has the most members
in the legislature. One-half of the members appointed by the governor and one-half of the
members appointed by the chief justice must belong to the political party that has the second
most members in the legislature.
(d) None of the members of the council may be:
(1) a current or former legislator, or the spouse of a current legislator;
(2) a current or former lobbyist registered under Minnesota law;
(3) a current employee of the legislature;
(4) a current or former judge; deleted text begin or
deleted text end
(5) a current or former governor, lieutenant governor, attorney general, secretary of state,
or state auditordeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(6) a current employee of an entity in the executive or judicial branch.
new text end
Sec. 7.
Minnesota Statutes 2022, section 15A.0825, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Initial appointmentdeleted text end new text begin Appointmentsnew text end ; convening authority; first meetingnew text begin in
odd-numbered yearnew text end .
Appointing authorities must make their deleted text begin initialdeleted text end appointments deleted text begin by January
2, 2017deleted text end new text begin after the first Monday in January and before January 15 in each odd-numbered year.
Appointing authorities who determine that a vacancy exists under subdivision 3, paragraph
(b), must make an appointment to fill that vacancy by January 15 in each odd-numbered
yearnew text end . The governor shall designate one member to convene and chair the first meeting of
the councilnew text begin which must occur by February 15 of each odd-numbered yearnew text end . deleted text begin The first meeting
must be before January 15, 2017.deleted text end At its first meeting, the council must elect a chair from
among its members. deleted text begin Members that reside in an even-numbered congressional district serve
a first term ending January 15, 2019. Members residing in an odd-numbered congressional
district serve a first term ending January 15, 2021.
deleted text end
Sec. 8.
Minnesota Statutes 2022, section 15A.0825, subdivision 3, is amended to read:
Subd. 3.
Terms.
(a) Except deleted text begin for initial terms anddeleted text end for the first term following redistricting,
a term is four years or until new appointments are made after congressional redistricting as
provided in subdivision 4. Members may serve no more than two full terms or portions of
two consecutive terms.
(b) If a member ceases to reside in the congressional district that the member resided in
at the time of appointment as a result of moving or redistricting, the appointing authority
who appointed the member must appoint a replacement who resides in the congressional
district to serve the unexpired term.
Sec. 9.
Minnesota Statutes 2022, section 15A.0825, subdivision 4, is amended to read:
Subd. 4.
Appointments following redistricting.
Appointing authorities shall make
appointments deleted text begin within three monthsdeleted text end after a congressional redistricting plan is adopted.
new text begin Appointing authorities shall make appointments in accordance with the timing requirements
in subdivision 2. new text end Members that reside in an even-numbered district shall be appointed to a
term of two years following redistricting. Members that reside in an odd-numbered district
shall be appointed to a term of four years following redistricting.
Sec. 10.
Minnesota Statutes 2022, section 137.0245, subdivision 2, is amended to read:
Subd. 2.
Membership.
The Regent Candidate Advisory Council shall consist of 24
members. Twelve members shall be appointed by the deleted text begin Subcommittee on Committees of the
Committee on Rules and Administrationdeleted text end new text begin majority leadernew text end of the senate. Twelve members
shall be appointed by the speaker of the house. Each appointing authority must appoint one
member who is a student enrolled in a degree program at the University of Minnesota at
the time of appointment. No more than one-third of the members appointed by each
appointing authority may be current or former legislators. No more than two-thirds of the
members appointed by each appointing authority may belong to the same political party;
however, political activity or affiliation is not required for the appointment of any member.
Geographical representation must be taken into consideration when making appointments.
Section 15.0575 shall govern the advisory council, except that:
(1) the members shall be appointed to six-year terms with one-third appointed each
even-numbered year; and
(2) student members are appointed to two-year terms with two students appointed each
even-numbered year.
A member may not serve more than two full terms.
Sec. 11.
Minnesota Statutes 2022, section 137.0245, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Public meetings. new text end
new text begin
Meetings of the council or subcommittees of the council must
be open to the public and are subject to section 3.055.
new text end
Sec. 12.
Minnesota Statutes 2022, section 161.1419, subdivision 2, is amended to read:
Subd. 2.
Members.
(a) The commission shall be composed of 15 members of whom:
(1) one shall be appointed by the commissioner of transportation;
(2) one shall be appointed by the commissioner of natural resources;
(3) one shall be appointed by the director of Explore Minnesota Tourism;
(4) one shall be appointed by the commissioner of agriculture;
(5) one shall be appointed by the director of the Minnesota Historical Society;
(6) two shall be members of the senate to be appointed by the Committee on Committees;
(7) two shall be members of the house of representatives to be appointed by the speaker;
(8) one shall be the secretary appointed pursuant to subdivision 3; and
(9) five shall be citizen members appointed new text begin to staggered four-year terms new text end by new text begin the
commission after receiving recommendations from new text end five citizen committees established by
the members appointed under clauses (1) to (8), with each citizen committee established
within and representing each of the following geographic segments along the Mississippi
River:
(i) Lake Itasca to but not including the city of Grand Rapids;
(ii) Grand Rapids to but not including the city of Brainerd;
(iii) Brainerd to but not including the city of Elk River;
(iv) Elk River to but not including the city of Hastings; and
(v) Hastings to the Iowa border.
Each citizen deleted text begin committeedeleted text end member shall be a resident of the geographic segment that the
deleted text begin committee anddeleted text end member represents.
(b) The members of the commission new text begin appointed in paragraph (a), clauses (1) to (8), new text end shall
serve for a term expiring at the close of each regular session of the legislature and until their
successors are appointed.
new text begin (c) new text end Successor members shall be appointed by the same appointing authorities. Members
may be reappointed. Any vacancy shall be filled by the appointing authority. The
commissioner of transportation, the commissioner of natural resources, and the director of
the Minnesota Historical Society shall be ex officio members, and shall be in addition to
the 15 members heretofore provided for. Immediately upon making the appointments to the
commission the appointing authorities shall so notify the Mississippi River Parkway
Commission, hereinafter called the National Commission, giving the names and addresses
of the members so appointed.
Sec. 13.
Minnesota Statutes 2022, section 507.0945, is amended to read:
507.0945 ADMINISTRATION.
(a) An Electronic Real Estate Recording Commission deleted text begin administered by the Legislative
Coordinating Commissiondeleted text end is created to new text begin evaluate new text end and deleted text begin mustdeleted text end new text begin then maynew text end adopt standards to
implement sections 507.0941 to 507.0948.
(b) The Electronic Real Estate Recording Commission shall consist of the following:
(1) three members appointed by the Minnesota Association of County Officials who are
county employees, including one from within the seven-county metropolitan area, one from
outside the seven-county metropolitan area, and at least one of whom is a county recorder
and at least one of whom is a registrar of titles;
(2) one member appointed by the Minnesota Land Title Association;
(3) one member who represents the Minnesota Bankers Association;
(4) one member who represents the Section of Real Property Law of the Minnesota State
Bar Association;
(5) one nonvoting member who is appointed by the other members of the commission
and an expert in the technological aspects of electronic real estate recording; and
(6) one member who is the state archivist appointed pursuant to section 138.17.
(c) Members of the Electronic Real Estate Recording Commission shall serve four-year
terms, except that (1) the initial appointments of county employees shall be for two years
and (2) the expert in the technological aspects of electronic real estate recording shall serve
at the pleasure of a majority of the other members of the commission. All initial terms shall
commence on July 1, 2008. Members shall serve until their successors are appointed. Any
member may be reappointed for successive terms.
(d) The state archivist shall call the first meeting of the Electronic Real Estate Recording
Commission. At the first meeting and biennially thereafter, the commission shall elect from
its membership a chair and vice-chair to serve two-year terms. Meetings may be called by
the chair or the vice-chair deleted text begin or the director of the Legislative Coordinating Commissiondeleted text end .
Meetings shall be held as often as necessary, but at least once a year.
(e) A majority of the voting members of the Electronic Real Estate Recording
Commission constitutes a quorum to do business, and a majority of a quorum may act in
any matter within the jurisdiction of the commission.
(f) As soon as practicable and as needed thereafter, the Electronic Real Estate Recording
Commission shall identify the information technology new text begin and any other new text end expertise it requires
and report its needs to the deleted text begin Legislative Coordinating Commission. The Electronic Real Estate
Recording Commission also shall report any other expertise it needs to fulfill its
responsibilities. The Legislative Coordinating Commission shall provide support services,
including meeting space, as needed for the Electronic Real Estate Recording Commission
to carry out its duties in an effective manner.deleted text end new text begin committees of the Minnesota House of
Representatives and the Minnesota Senate that have jurisdiction.
new text end
Sec. 14. new text begin MISSISSIPPI RIVER PARKWAY COMMISSION; CITIZEN MEMBERS.
new text end
new text begin
Citizens currently appointed to the Mississippi River Parkway Commission under
Minnesota Statutes, section 161.1419, subdivision 2, for areas following the geographic
segments along the Mississippi River, serve terms as follows:
new text end
new text begin
(1) citizen member representing Lake Itasca, to but not including the city of Grand
Rapids, for a term ending December 31, 2025;
new text end
new text begin
(2) citizen member representing Grand Rapids, to but not including the city of Brainerd,
for a term ending December 31, 2025;
new text end
new text begin
(3) citizen member representing Brainerd, to but not including the city of Elk River, for
a term ending December 31, 2025;
new text end
new text begin
(4) citizen member representing Elk River, to but not including the city of Hastings, for
a term ending December 31, 2027; and
new text end
new text begin
(5) citizen member representing Hastings, to the Iowa border, for a term ending December
31, 2027.
new text end
Sec. 15. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 136F.03,
new text end
new text begin
is repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: 23-03136
136F.03 CANDIDATE ADVISORY COUNCIL.
Subdivision 1.
Purpose.
A Candidate Advisory Council for the board shall assist the governor in determining criteria for, and identifying and recruiting qualified candidates for, nonstudent membership on the board.
Subd. 2.
Membership.
The advisory council consists of 24 members. Twelve members are appointed by the Subcommittee on Committees of the Committee on Rules and Administration of the senate. Twelve members are appointed by the speaker of the house. No more than one-third of the members appointed by each appointing authority may be current or former legislators. No more than two-thirds of the members appointed by each appointing authority may belong to the same political party; however, political activity or affiliation is not required for the appointment of a member. Geographical representation must be taken into consideration when making appointments. Section 15.0575 governs the advisory council, except that the members must be appointed to six-year terms.
Subd. 3.
Duties.
(a) The advisory council shall:
(1) develop a statement of the selection criteria to be applied and a description of the responsibilities and duties of a member of the board and shall distribute this to potential candidates; and
(2) for each position on the board, identify and recruit qualified candidates for the board, based on the background and experience of the candidates, and their potential for discharging the responsibilities of a member of the board.
(b) Selection criteria developed under this section must include the requirement that trustees represent diversity in geography, gender, race, occupation, and experience.
(c) Selection criteria developed under this section must also include the identification of the membership needs of the board for individual skills relevant to the governance of the Minnesota State Colleges and Universities and the needs for certain individual characteristics that include geographic location, gender, race, occupation, and experience.
Subd. 4.
Recommendations.
Except for seats filled under sections 136F.04 and 136F.045, the advisory council shall recommend at least two and not more than four candidates for each seat. By April 15 of each even-numbered year in which the governor makes appointments to the board, the advisory council shall submit its recommendations to the governor and to the chairs and ranking minority members of the legislative committees with primary jurisdiction over higher education policy and finance. The governor is not bound by these recommendations.
Subd. 5.
Support services.
The Legislative Coordinating Commission shall provide administrative and support services for the advisory council.