1.1                          A bill for an act 
  1.2             relating to finance; reducing appropriations to state 
  1.3             agencies in the executive and legislative branches for 
  1.4             fiscal years 2004 and 2005; providing for a loan to 
  1.5             the general fund; requiring reports and 
  1.6             recommendations to bring the state budget into 
  1.7             compliance with generally accepted governmental 
  1.8             accounting principles; requiring disclosure of the 
  1.9             impact of inflation on state expenditures; reducing 
  1.10            the number of deputy and assistant commissioners in 
  1.11            state agencies; reducing the number of unclassified 
  1.12            positions in state agencies; reducing the upper limit 
  1.13            of salaries in state agencies; imposing limitations on 
  1.14            state agency spending; providing for a temporary delay 
  1.15            in certification of district judge vacancies; amending 
  1.16            Minnesota Statutes 2002, sections 15.06, subdivision 
  1.17            8; 16A.055, subdivision 1; 16A.103, subdivisions 1a, 
  1.18            1b; 16A.11, subdivision 2; 16B.03; 43A.03, subdivision 
  1.19            3; 43A.17, subdivisions 1, 4; 45.013; 116.03, 
  1.20            subdivision 1; 116J.01, subdivision 5; 174.02, 
  1.21            subdivision 2; 241.01, subdivision 2; Minnesota 
  1.22            Statutes 2003 Supplement, sections 15.01; 15.06, 
  1.23            subdivision 1; 15A.0815, subdivision 2; 43A.08, 
  1.24            subdivision 1; 84.01, subdivision 3; repealing 
  1.25            Minnesota Statutes 2002, sections 43A.03, subdivision 
  1.26            4; 43A.08, subdivision 1b; 116J.01, subdivision 4; 
  1.27            Minnesota Statutes 2003 Supplement, section 43A.08, 
  1.28            subdivision 1a. 
  1.29  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.30  Section 1.  [STATE AGENCY APPROPRIATIONS.] 
  1.31     The dollar amounts shown in the columns marked 
  1.32  "APPROPRIATIONS" and shown in parentheses are subtracted from 
  1.33  the general fund appropriations in the laws and to the state 
  1.34  agencies indicated.  The figures "2004" and "2005" used in this 
  1.35  article mean that the appropriation or appropriations listed 
  1.36  under them are for the fiscal years ending June 30, 2004, and 
  1.37  June 30, 2005, respectively.  The commissioner of finance, after 
  2.1   notice to the chairs of the senate Committee on Finance and the 
  2.2   house of representatives Committee on Ways and Means, may 
  2.3   reallocate these reductions among the listed agencies in order 
  2.4   to minimize disruption of state agency operations or maximize 
  2.5   the receipt of state revenue, or both. 
  2.6                               SUMMARY 
  2.7                         (General Fund Only) 
  2.8                             2004          2005           TOTAL
  2.9   APPROPRIATIONS       $(15,600,000)  $(26,564,000)  $(42,164,000)
  2.10  TRANSFERS IN              -0-        (39,447,000)   (39,447,000)
  2.11  TOTAL                $(15,600,000)  $(66,011,000)  $(81,611,000)
  2.12                                             APPROPRIATIONS 
  2.13                                         Available for the Year 
  2.14                                             Ending June 30 
  2.15                                            2004         2005 
  2.16  Sec. 2.  [2004 REDUCTION.]           (12,000,000)       -0-
  2.17  The commissioner of finance shall 
  2.18  reduce general fund appropriations to 
  2.19  executive branch agencies and 
  2.20  constitutional officers for state 
  2.21  agency operations, and to the 
  2.22  legislature, in the fiscal year ending 
  2.23  June 30, 2004, by a total of 
  2.24  $12,000,000.  This reduction does not 
  2.25  apply to the judicial branch or to the 
  2.26  Minnesota State Colleges and 
  2.27  Universities.  The reduction to 
  2.28  constitutional officers must be the 
  2.29  same percentage of each officer's 
  2.30  general fund appropriation.  The 
  2.31  reduction to the legislature must be 
  2.32  $232,000 to the senate and $258,000 to 
  2.33  the house of representatives.  The 
  2.34  commissioner shall base the reduction 
  2.35  on the amount carried forward from 
  2.36  fiscal year 2003 to fiscal year 2004 
  2.37  under Laws 2003, First Special Session 
  2.38  chapter 1, article 2, section 127.  No 
  2.39  positions in the classified service may 
  2.40  be eliminated.  
  2.41  Sec. 3.  [EDUCATION.] 
  2.42  Subdivision 1.  The reductions in this 
  2.43  section are from appropriations in Laws 
  2.44  2003, First Special Session chapter 9. 
  2.45  Subd. 2.  EDUCATION                      -0-         (1,137,000)
  2.46  Subd. 3.  FARIBAULT         
  2.47  STATE ACADEMIES                          -0-            (52,000)
  2.48  Subd. 4.  PERPICH CENTER    
  2.49  FOR ARTS EDUCATION                       -0-           (298,000)
  2.50  Sec. 4.  HIGHER EDUCATION
  2.51  SERVICES OFFICE                        (3,600,000)   (1,740,000)
  3.1   The reductions in this section are from 
  3.2   appropriations in Laws 2003, chapter 
  3.3   133. 
  3.4   $3,600,000 the first year and 
  3.5   $1,600,000 the second year are from the 
  3.6   appropriation for interstate 
  3.7   reciprocity. 
  3.8   Sec. 5.  [ENVIRONMENT, AGRICULTURE
  3.9   AND ECONOMIC DEVELOPMENT.]
  3.10  Subdivision 1.  The reductions in this 
  3.11  section are from the appropriations in 
  3.12  Laws 2003, chapter 128, article 1. 
  3.13  Subd. 2.  POLLUTION CONTROL 
  3.14  AGENCY                                   -0-           (468,000)
  3.15  Subd. 3.  OFFICE OF         
  3.16  ENVIRONMENTAL ASSISTANCE                 -0-           (220,000)
  3.17  Subd. 4.  ZOOLOGICAL BOARD               -0-           (328,000)
  3.18  Subd. 5.  NATURAL RESOURCES              -0-         (3,777,000)
  3.19  Subd. 6.  BOARD OF WATER 
  3.20  AND SOIL RESOURCES                       -0-           (212,000)
  3.21  Subd. 7.  AGRICULTURE                    -0-           (828,000)
  3.22  Subd. 8.  BOARD OF ANIMAL   
  3.23  HEALTH                                   -0-           (140,000)
  3.24  Sec. 6.  [ECONOMIC DEVELOPMENT.]
  3.25  Subdivision 1.  The reductions in this 
  3.26  section are from the appropriations in 
  3.27  Laws 2003, chapter 128, article 10. 
  3.28  Subd. 2.  EMPLOYMENT AND    
  3.29  ECONOMIC DEVELOPMENT                     -0-           (990,000)
  3.30  Subd. 3.  HOUSING FINANCE AGENCY         -0-         (1,047,000)
  3.31  Subd. 4.  LABOR AND INDUSTRY             -0-           (142,000)
  3.32  Sec. 7.  TRANSPORTATION                  -0-            (25,000)
  3.33  The reductions in this section are from 
  3.34  the appropriations in Laws 2003, First 
  3.35  Special Session chapter 19. 
  3.36  Sec. 8.  [STATE GOVERNMENT.]
  3.37  Subdivision 1.  The reductions in this 
  3.38  section are from the appropriations in 
  3.39  Laws 2003, First Special Session 
  3.40  chapter 1, article 1, and chapter 2. 
  3.41  Subd. 2.  GOVERNOR AND      
  3.42  LIEUTENANT GOVERNOR                      -0-           (180,000)
  3.43  Subd. 3.  STATE AUDITOR                  -0-           (415,000)
  3.44  Subd. 4.  ATTORNEY GENERAL               -0-         (1,128,000)
  3.45  Subd. 5.  SECRETARY OF STATE             -0-           (302,000)
  3.46  Subd. 6.  ADMINISTRATION                 -0-           (720,000)
  4.1   Subd. 7.  FINANCE                        -0-           (760,000)
  4.2   Subd. 8.  EMPLOYEE RELATIONS             -0-           (310,000)
  4.3   Subd. 9.  REVENUE                        -0-         (2,337,000)
  4.4   Subd. 10.  MILITARY AFFAIRS              -0-           (370,000)
  4.5   Subd. 11.  VETERANS AFFAIRS              -0-           (130,000)
  4.6   Subd. 12.  COMMERCE                      -0-           (578,000)
  4.7   Subd. 13.  HUMAN RIGHTS                  -0-           (175,000)
  4.8   Subd. 14.  PUBLIC SAFETY                 -0-         (2,617,000)
  4.9   Sec. 9.  [HEALTH AND HUMAN SERVICES.]
  4.10  Subdivision 1.  The reductions in this 
  4.11  section are from appropriations in Laws 
  4.12  2003, First Special Session chapter 14, 
  4.13  article 13C. 
  4.14  Subd. 2.  HUMAN SERVICES                 -0-         (3,835,000)
  4.15  Notwithstanding Minnesota Statutes, 
  4.16  section 295.581, by June 30, 2005, the 
  4.17  commissioner of finance shall transfer 
  4.18  from the unobligated balance in the 
  4.19  health care access fund to the general 
  4.20  fund the amount needed to eliminate any 
  4.21  negative unrestricted balance in the 
  4.22  general fund.  The amount transferred 
  4.23  is estimated to be $39,447,000.  By 
  4.24  July 5, 2005, the commissioner of 
  4.25  finance shall transfer the amount that 
  4.26  was actually transferred to the general 
  4.27  fund back to the health care access 
  4.28  fund. 
  4.29  Subd. 3.  HEALTH                         -0-         (1,153,000)
  4.30  Subd. 4.  VETERANS HOMES BOARD           -0-           (150,000)
  4.31     Sec. 10.  Minnesota Statutes 2003 Supplement, section 
  4.32  15.01, is amended to read: 
  4.33     15.01 [DEPARTMENTS OF THE STATE.] 
  4.34     The following agencies are designated as the departments of 
  4.35  the state government:  the Department of Administration; the 
  4.36  Department of Agriculture; the Department of Commerce; the 
  4.37  Department of Corrections; the Department of Education; the 
  4.38  Department of Economic Security; the Department of Employee 
  4.39  Relations; the Department of Employment and Economic 
  4.40  Development; the Department of Finance; the Department of 
  4.41  Health; the Department of Human Rights; the Department of Human 
  4.42  Services; the Department of Labor and Industry; the Department 
  4.43  of Military Affairs; the Department of Natural Resources; the 
  4.44  Department of Employee Relations; the Department of Public 
  5.1   Safety; the Department of Human Services; the Department of 
  5.2   Revenue; the Department of Transportation; the Department of 
  5.3   Veterans Affairs; and their successor departments. 
  5.4      Sec. 11.  Minnesota Statutes 2003 Supplement, section 
  5.5   15.06, subdivision 1, is amended to read: 
  5.6      Subdivision 1.  [APPLICABILITY.] This section applies to 
  5.7   the following departments or agencies:  the Departments of 
  5.8   Administration, Agriculture, Commerce, Corrections, Economic 
  5.9   Security, Education, Employee Relations, Employment and Economic 
  5.10  Development, Finance, Health, Human Rights, Human Services, 
  5.11  Labor and Industry, Natural Resources, Public Safety, Human 
  5.12  Services, Revenue, Transportation, and Veterans Affairs; the 
  5.13  Housing Finance and Pollution Control Agencies; the Office of 
  5.14  Commissioner of Iron Range Resources and Rehabilitation; the 
  5.15  Bureau of Mediation Services; and their successor departments 
  5.16  and agencies.  The heads of the foregoing departments or 
  5.17  agencies are "commissioners." 
  5.18     Sec. 12.  Minnesota Statutes 2002, section 15.06, 
  5.19  subdivision 8, is amended to read: 
  5.20     Subd. 8.  [NUMBER OF DEPUTY COMMISSIONERS.] Unless 
  5.21  specifically authorized by statute, other than section 43A.08, 
  5.22  subdivision 2, No department or agency specified in subdivision 
  5.23  1 shall have more than one deputy commissioner.  
  5.24     Sec. 13.  Minnesota Statutes 2003 Supplement, section 
  5.25  15A.0815, subdivision 2, is amended to read: 
  5.26     Subd. 2.  [GROUP I SALARY LIMITS.] The salaries for 
  5.27  positions in this subdivision may not exceed 95 percent of the 
  5.28  salary of the governor:  
  5.29     Commissioner of administration; 
  5.30     Commissioner of agriculture; 
  5.31     Commissioner of education; 
  5.32     Commissioner of commerce; 
  5.33     Commissioner of corrections; 
  5.34     Commissioner of economic security; 
  5.35     Commissioner of education; 
  5.36     Commissioner of employee relations; 
  6.1      Commissioner of employment and economic development; 
  6.2      Commissioner of finance; 
  6.3      Commissioner of health; 
  6.4      Executive director, Higher Education Services Office; 
  6.5      Commissioner, Housing Finance Agency; 
  6.6      Commissioner of human rights; 
  6.7      Commissioner of human services; 
  6.8      Executive director, State Board of Investment; 
  6.9      Commissioner of labor and industry; 
  6.10     Commissioner of natural resources; 
  6.11     Director of Office of Strategic and Long-Range Planning; 
  6.12     Commissioner, Pollution Control Agency; 
  6.13     Commissioner of public safety; 
  6.14     Commissioner of revenue; 
  6.15     Commissioner of employment and economic development; 
  6.16     Commissioner of transportation; and 
  6.17     Commissioner of veterans affairs. 
  6.18     Sec. 14.  Minnesota Statutes 2002, section 16A.055, 
  6.19  subdivision 1, is amended to read: 
  6.20     Subdivision 1.  [LIST.] (a) The commissioner shall:  
  6.21     (1) receive and record all money paid into the state 
  6.22  treasury and safely keep it until lawfully paid out; 
  6.23     (2) manage the state's financial affairs; 
  6.24     (3) keep the state's general account books according to 
  6.25  generally accepted government accounting principles; 
  6.26     (4) keep expenditure and revenue accounts according to 
  6.27  generally accepted government accounting principles; 
  6.28     (5) develop, provide instructions for, prescribe, and 
  6.29  manage a state uniform accounting system; 
  6.30     (6) provide to the state the expertise to ensure that all 
  6.31  state funds are accounted for under generally accepted 
  6.32  government accounting principles; and 
  6.33     (7) coordinate the development of, and maintain standards 
  6.34  for, internal auditing in state agencies and, in cooperation 
  6.35  with the commissioner of administration, report to the 
  6.36  legislature and the governor by January 31 of odd-numbered 
  7.1   years, on progress made. 
  7.2      (b) As part of the comprehensive annual financial report, 
  7.3   the commissioner shall list any laws that require the state's 
  7.4   general fund budget not to be reported in accordance with 
  7.5   generally accepted governmental accounting principles. 
  7.6      Sec. 15.  Minnesota Statutes 2002, section 16A.103, 
  7.7   subdivision 1a, is amended to read: 
  7.8      Subd. 1a.  [FORECAST PARAMETERS.] The forecast must assume 
  7.9   the continuation of current laws and reasonable estimates of 
  7.10  projected growth in the national and state economies and 
  7.11  affected populations.  Revenue must be estimated for all sources 
  7.12  provided for in current law.  Expenditures must be estimated for 
  7.13  all obligations imposed by law and those projected to occur as a 
  7.14  result of inflation and variables outside the control of the 
  7.15  legislature.  Expenditure estimates must not include an 
  7.16  allowance for inflation. 
  7.17     Sec. 16.  Minnesota Statutes 2002, section 16A.103, 
  7.18  subdivision 1b, is amended to read: 
  7.19     Subd. 1b.  [FORECAST VARIABLE.] In determining the rate of 
  7.20  inflation, the application of inflation, the amount of state 
  7.21  bonding as it affects debt service, the calculation of 
  7.22  investment income, and the other variables to be included in the 
  7.23  expenditure part of the forecast, the commissioner must consult 
  7.24  with the chairs and lead minority members of the senate State 
  7.25  Government Finance Committee and the house Ways and Means 
  7.26  Committee, and legislative fiscal staff.  This consultation must 
  7.27  occur at least three weeks before the forecast is to be 
  7.28  released.  No later than two weeks prior to the release of the 
  7.29  forecast, the commissioner must inform the chairs and lead 
  7.30  minority members of the senate State Government Finance 
  7.31  Committee and the house Ways and Means Committee, and 
  7.32  legislative fiscal staff of any changes in these variables from 
  7.33  the previous forecast. 
  7.34     Sec. 17.  Minnesota Statutes 2002, section 16A.11, 
  7.35  subdivision 2, is amended to read: 
  7.36     Subd. 2.  [PART ONE:  MESSAGE.] Part one of the budget, the 
  8.1   governor's message, shall include the governor's recommendations 
  8.2   on the financial policy of the state for the coming biennium, 
  8.3   describing the important features of the budget plan, embracing 
  8.4   a general budget summary setting forth the aggregate figures of 
  8.5   the budget so as to show the balanced relation between the total 
  8.6   proposed expenditures and the total anticipated income, with the 
  8.7   basis and factors on which the estimates are made, the amount to 
  8.8   be borrowed, and other means of financing the budget for the 
  8.9   coming biennium, compared with the corresponding figures for at 
  8.10  least the last two completed fiscal years and the current year.  
  8.11  The budget plan must include recommendations on how to bring the 
  8.12  budget into compliance with generally accepted governmental 
  8.13  accounting principles.  The budget plan shall be supported by 
  8.14  explanatory schedules or statements, classifying its 
  8.15  expenditures by agencies and funds, and the income by agencies, 
  8.16  sources, funds, and the proposed amount of new borrowing, as 
  8.17  well as proposed new tax or revenue sources.  The budget plan 
  8.18  shall be submitted for all special and dedicated funds, as well 
  8.19  as the general fund, and shall include the estimated amounts of 
  8.20  federal aids, for whatever purpose provided, together with 
  8.21  estimated expenditures from them.  
  8.22     Sec. 18.  Minnesota Statutes 2002, section 16B.03, is 
  8.23  amended to read: 
  8.24     16B.03 [APPOINTMENTS.] 
  8.25     The commissioner is authorized to appoint staff, including 
  8.26  two one deputy commissioners commissioner, in accordance with 
  8.27  chapter 43A.  
  8.28     Sec. 19.  Minnesota Statutes 2002, section 43A.03, 
  8.29  subdivision 3, is amended to read: 
  8.30     Subd. 3.  [ORGANIZATION.] The commissioner may appoint a 
  8.31  deputy commissioner in the unclassified service.  The department 
  8.32  shall be organized into two bureaus which shall be designated 
  8.33  the Personnel Bureau and the Labor Relations Bureau.  Each 
  8.34  bureau shall be responsible for administering the duties and 
  8.35  functions assigned to it by law.  When the duties of the bureaus 
  8.36  are not mandated by law, the commissioner may establish and 
  9.1   revise the assignments of either bureau.  Each bureau shall be 
  9.2   under the direction of a deputy commissioner.  
  9.3      Sec. 20.  Minnesota Statutes 2003 Supplement, section 
  9.4   43A.08, subdivision 1, is amended to read: 
  9.5      Subdivision 1.  [UNCLASSIFIED POSITIONS.] Unclassified 
  9.6   positions are held by employees who are: 
  9.7      (1) chosen by election or appointed to fill an elective 
  9.8   office; 
  9.9      (2) heads of agencies required by law to be appointed by 
  9.10  the governor or other elective officers, and the executive or 
  9.11  administrative heads of departments, bureaus, divisions, and 
  9.12  institutions specifically established by law in the unclassified 
  9.13  service; 
  9.14     (3) deputy and assistant agency heads and one confidential 
  9.15  secretary in the agencies listed in subdivision 1a and in the 
  9.16  Office of Strategic and Long-Range Planning section 15.06, 
  9.17  subdivision 1; 
  9.18     (4) the confidential secretary to each of the elective 
  9.19  officers of this state and, for the secretary of state and state 
  9.20  auditor, an additional deputy, clerk, or employee; 
  9.21     (5) intermittent help employed by the commissioner of 
  9.22  public safety to assist in the issuance of vehicle licenses; 
  9.23     (6) employees in the offices of the governor and of the 
  9.24  lieutenant governor and one confidential employee for the 
  9.25  governor in the Office of the Adjutant General; 
  9.26     (7) employees of the Washington, D.C., office of the state 
  9.27  of Minnesota; 
  9.28     (8) employees of the legislature and of legislative 
  9.29  committees or commissions; provided that employees of the 
  9.30  Legislative Audit Commission, except for the legislative 
  9.31  auditor, the deputy legislative auditors, and their confidential 
  9.32  secretaries, shall be employees in the classified service; 
  9.33     (9) presidents, vice-presidents, deans, other managers and 
  9.34  professionals in academic and academic support programs, 
  9.35  administrative or service faculty, teachers, research 
  9.36  assistants, and student employees eligible under terms of the 
 10.1   federal Economic Opportunity Act work study program in the 
 10.2   Perpich Center for Arts Education and the Minnesota State 
 10.3   Colleges and Universities, but not the custodial, clerical, or 
 10.4   maintenance employees, or any professional or managerial 
 10.5   employee performing duties in connection with the business 
 10.6   administration of these institutions; 
 10.7      (10) officers and enlisted persons in the National Guard; 
 10.8      (11) attorneys, legal assistants, and three confidential 
 10.9   employees appointed by the attorney general or employed with the 
 10.10  attorney general's authorization; 
 10.11     (12) judges and all employees of the judicial branch, 
 10.12  referees, receivers, jurors, and notaries public, except 
 10.13  referees and adjusters employed by the Department of Labor and 
 10.14  Industry; 
 10.15     (13) members of the State Patrol; provided that selection 
 10.16  and appointment of State Patrol troopers must be made in 
 10.17  accordance with applicable laws governing the classified 
 10.18  service; 
 10.19     (14) chaplains employed by the state; 
 10.20     (15) examination monitors and intermittent training 
 10.21  instructors employed by the Departments of Employee Relations 
 10.22  and Commerce and by professional examining boards and 
 10.23  intermittent staff employed by the technical colleges for the 
 10.24  administration of practical skills tests and for the staging of 
 10.25  instructional demonstrations; 
 10.26     (16) student workers; 
 10.27     (17) executive directors or executive secretaries appointed 
 10.28  by and reporting to any policy-making board or commission 
 10.29  established by statute; 
 10.30     (18) employees unclassified pursuant to other statutory 
 10.31  authority; 
 10.32     (19) intermittent help employed by the commissioner of 
 10.33  agriculture to perform duties relating to pesticides, 
 10.34  fertilizer, and seed regulation; 
 10.35     (20) the administrators and the deputy administrators at 
 10.36  the state academies for the deaf and the blind; and 
 11.1      (21) chief executive officers in the Department of Human 
 11.2   Services. 
 11.3      Sec. 21.  Minnesota Statutes 2002, section 43A.17, 
 11.4   subdivision 1, is amended to read: 
 11.5      Subdivision 1.  [SALARY LIMITS.] As used in subdivisions 1 
 11.6   to 9, "salary" means hourly, monthly, or annual rate of pay 
 11.7   including any lump-sum payments and cost-of-living adjustment 
 11.8   increases but excluding payments due to overtime worked, shift 
 11.9   or equipment differentials, work out of class as required by 
 11.10  collective bargaining agreements or plans established under 
 11.11  section 43A.18, and back pay on reallocation or other payments 
 11.12  related to the hours or conditions under which work is performed 
 11.13  rather than to the salary range or rate to which a class is 
 11.14  assigned.  For presidents of state universities, "salary" does 
 11.15  not include a housing allowance provided through a compensation 
 11.16  plan approved under section 43A.18, subdivision 3a. 
 11.17     The salary, as established in section 15A.0815, of the head 
 11.18  of a state agency in the executive branch is The upper limit on 
 11.19  the salaries of individual employees in the an agency listed in 
 11.20  section 15A.0815 is 88 percent of the salary of the agency head. 
 11.21  However, if an agency head is assigned a salary that is would 
 11.22  make the salary limit lower than the current salary of another 
 11.23  agency employee, the employee retains the salary, but may not 
 11.24  receive an increase in salary as long as the salary is 
 11.25  above that of the agency head the salary limit.  The 
 11.26  commissioner may grant exemptions from these upper limits as 
 11.27  provided in subdivisions 3 and 4. 
 11.28     Sec. 22.  Minnesota Statutes 2002, section 43A.17, 
 11.29  subdivision 4, is amended to read: 
 11.30     Subd. 4.  [EXCEPTIONS.] (a) The commissioner may without 
 11.31  regard to subdivision 1 establish special salary rates and plans 
 11.32  of compensation designed to attract and retain exceptionally 
 11.33  qualified doctors of medicine.  These rates and plans shall be 
 11.34  included in the commissioner's plan.  In establishing salary 
 11.35  rates and eligibility for nomination for payment at special 
 11.36  rates, the commissioner shall consider the standards of 
 12.1   eligibility established by national medical specialty boards 
 12.2   where appropriate.  The incumbents assigned to these special 
 12.3   ranges shall be excluded from the collective bargaining process. 
 12.4      (b) The commissioner may without regard to subdivision 1, 
 12.5   but subject to collective bargaining agreements or compensation 
 12.6   plans, establish special salary rates designed to attract and 
 12.7   retain exceptionally qualified employees in the following 
 12.8   positions: 
 12.9      (1) information systems staff; 
 12.10     (2) actuaries in the Departments of Health, Human Services, 
 12.11  and Commerce; and 
 12.12     (3) (2) epidemiologists in the Department of Health. 
 12.13     Sec. 23.  Minnesota Statutes 2002, section 45.013, is 
 12.14  amended to read: 
 12.15     45.013 [POWER TO APPOINT STAFF.] 
 12.16     The commissioner of commerce may appoint four one deputy 
 12.17  commissioners, four assistant commissioners, and an assistant to 
 12.18  the commissioner.  Those positions, as well as that of and a 
 12.19  confidential secretary, are in the unclassified service.  The 
 12.20  commissioner may appoint other employees necessary to carry out 
 12.21  the duties and responsibilities entrusted to the commissioner.  
 12.22     Sec. 24.  Minnesota Statutes 2003 Supplement, section 
 12.23  84.01, subdivision 3, is amended to read: 
 12.24     Subd. 3.  [EMPLOYEES; DELEGATION.] Subject to the 
 12.25  provisions of Laws 1969, chapter 1129, and to other applicable 
 12.26  laws The commissioner shall organize the department and employ 
 12.27  up to three assistant commissioners, each of whom shall serve at 
 12.28  the pleasure of the commissioner in the unclassified service, 
 12.29  one of whom shall have responsibility for coordinating and 
 12.30  directing the planning of every division within the agency, and 
 12.31  such other officers, employees, and agents as the commissioner 
 12.32  may deem necessary to discharge the functions of the department, 
 12.33  define the duties of such officers, employees, and agents and to 
 12.34  delegate to them any of the commissioner's powers, duties, and 
 12.35  responsibilities subject to the control of, and under the 
 12.36  conditions prescribed by, the commissioner.  Appointments to 
 13.1   exercise delegated power shall be by written order filed with 
 13.2   the secretary of state. 
 13.3      Sec. 25.  Minnesota Statutes 2002, section 116.03, 
 13.4   subdivision 1, is amended to read: 
 13.5      Subdivision 1.  [OFFICE.] (a) The office of commissioner of 
 13.6   the Pollution Control Agency is created and is under the 
 13.7   supervision and control of the commissioner, who is appointed by 
 13.8   the governor under the provisions of section 15.06. 
 13.9      (b) The commissioner may appoint a deputy commissioner and 
 13.10  assistant commissioners who shall be in the unclassified service.
 13.11     (c) The commissioner shall make all decisions on behalf of 
 13.12  the agency that are not required to be made by the agency under 
 13.13  section 116.02. 
 13.14     Sec. 26.  Minnesota Statutes 2002, section 116J.01, 
 13.15  subdivision 5, is amended to read: 
 13.16     Subd. 5.  [DEPARTMENTAL ORGANIZATION.] (a) The commissioner 
 13.17  shall organize the department as provided in section 15.06.  
 13.18     (b) The commissioner may establish divisions and offices 
 13.19  within the department.  The commissioner may employ four deputy 
 13.20  commissioners in the unclassified service.  One deputy must 
 13.21  direct the Minnesota Trade Office and must be experienced and 
 13.22  knowledgeable in matters of international trade.  One must 
 13.23  direct the Office of Tourism and be knowledgeable in matters of 
 13.24  tourism.  
 13.25     (c) The commissioner shall: 
 13.26     (1) employ assistants and other officers, employees, and 
 13.27  agents that the commissioner considers necessary to discharge 
 13.28  the functions of the commissioner's office; 
 13.29     (2) define the duties of the officers, employees, and 
 13.30  agents, and delegate to them any of the commissioner's powers, 
 13.31  duties, and responsibilities, subject to the commissioner's 
 13.32  control and under conditions prescribed by the commissioner.  
 13.33     (d) The commissioner shall ensure that there are at least 
 13.34  three trade and economic development officers in state offices 
 13.35  in nonmetropolitan areas of the state who will work with local 
 13.36  units of government on developing local trade and economic 
 14.1   development. 
 14.2      Sec. 27.  Minnesota Statutes 2002, section 174.02, 
 14.3   subdivision 2, is amended to read: 
 14.4      Subd. 2.  [UNCLASSIFIED POSITIONS.] The commissioner 
 14.5   may establish four positions in the unclassified service at 
 14.6   the appoint a deputy and assistant commissioner, assistant to 
 14.7   commissioner or and a personal secretary levels.  No more than 
 14.8   two of these positions shall be at the deputy commissioner level 
 14.9   in the unclassified service. 
 14.10     Sec. 28.  Minnesota Statutes 2002, section 241.01, 
 14.11  subdivision 2, is amended to read: 
 14.12     Subd. 2.  [DIVISIONS; DEPUTIES DEPUTY.] The commissioner of 
 14.13  corrections may appoint and employ no more than two a deputy 
 14.14  commissioners commissioner.  The commissioner may also appoint a 
 14.15  personal secretary, who shall serve at the commissioner's 
 14.16  pleasure in the unclassified civil service. 
 14.17     Sec. 29.  [SALARY ADJUSTMENTS.] 
 14.18     The salary limitations in section 21 are effective July 1, 
 14.19  2004, and each salary that exceeds the limitations in that 
 14.20  section must be reduced on that date to comply with the limit, 
 14.21  except that a salary set under a collective bargaining agreement 
 14.22  need not be reduced on July 1, 2004, but must not be increased 
 14.23  thereafter above the salary limit. 
 14.24     The salary of the director of the Higher Education Services 
 14.25  Office must be reduced effective July 1, 2004, to the level it 
 14.26  was at on July 1, 2003. 
 14.27     Sec. 30.  [SPENDING LIMITATIONS.] 
 14.28     An agency in the executive branch may not spend any money 
 14.29  for travel outside of the state during the fiscal year ending 
 14.30  June 30, 2005. 
 14.31     An agency in the executive branch may not contract or pay 
 14.32  for meeting space outside state facilities, for food, or for 
 14.33  meeting facilitators or note-takers who are not state employees. 
 14.34     Sec. 31.  [DELAY IN CERTIFICATION OF DISTRICT COURT 
 14.35  VACANCIES.] 
 14.36     Notwithstanding Minnesota Statutes, section 2.722, 
 15.1   subdivision 4, paragraph (a), the supreme court may not certify 
 15.2   a vacancy in the position of judge of the district court before 
 15.3   June 30, 2005. 
 15.4      Sec. 32.  [REPEALER.] 
 15.5      (a) Minnesota Statutes 2002, sections 43A.03, subdivision 
 15.6   4; 43A.08, subdivision 1b; and 116J.01, subdivision 4, are 
 15.7   repealed. 
 15.8      (b) Minnesota Statutes 2003 Supplement, section 43A.08, 
 15.9   subdivision 1a, is repealed. 
 15.10     Sec. 33.  [EFFECTIVE DATE.] 
 15.11     This act is effective the day following final enactment; 
 15.12  except that sections 10 to 30 and 32 are effective July 1, 2004.