HF 1210

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; providing for the 
  1.3             reorganization of state government; establishing the 
  1.4             positions of governor's secretaries; assigning their 
  1.5             powers and duties; assigning agencies to secretaries; 
  1.6             providing for an implementation plan; proposing coding 
  1.7             for new law in Minnesota Statutes, chapter 15. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [15.0601] [APPOINTMENT OF GOVERNOR'S 
  1.10  SECRETARIES; GENERAL POWERS.] 
  1.11     Subdivision 1.  [APPOINTMENT.] The governor shall appoint 
  1.12  the governor's secretaries, subject to the advice and 
  1.13  confirmation by the consent of the senate.  A secretary shall 
  1.14  hold office at the pleasure of the governor for a term 
  1.15  coincident with that of the governor or until a successor is 
  1.16  appointed and qualified.  Before entering upon the discharge of 
  1.17  duties, each secretary shall take an oath to faithfully execute 
  1.18  the duties of the office. 
  1.19     Subd. 2.  [DIRECTION BY THE GOVERNOR.] A secretary is 
  1.20  subject to direction and supervision of the governor.  Except as 
  1.21  provided in other law, the agencies assigned to each secretary 
  1.22  shall: 
  1.23     (1) exercise their respective powers and duties in 
  1.24  accordance with the general policy established by the governor 
  1.25  or by the secretary acting on behalf of the governor. 
  1.26     (2) provide assistance to the governor or the secretary as 
  2.1   may be required; and 
  2.2      (3) forward all reports to the governor through the 
  2.3   secretary. 
  2.4      Subd. 3.  [DISCRETIONARY AUTHORITY.] Unless the governor 
  2.5   expressly reserves a power listed in this subdivision, a 
  2.6   secretary may: 
  2.7      (1) resolve administrative, jurisdictional, operational, 
  2.8   program, or policy conflicts between agencies or officials 
  2.9   assigned; 
  2.10     (2) direct the formulation of a comprehensive program 
  2.11  budget for the services of agencies assigned for consideration 
  2.12  by the governor; 
  2.13     (3) hold agency heads accountable for their administrative, 
  2.14  fiscal, and program actions in the conduct of the respective 
  2.15  powers and duties of the agencies; 
  2.16     (4) direct the development of goals, objectives, policies, 
  2.17  and plans that are necessary to the effective and efficient 
  2.18  operation of government; 
  2.19     (5) sign documents on behalf of the governor that originate 
  2.20  with agencies assigned to the secretary; and 
  2.21     (6) employ the personnel and contract for services as may 
  2.22  be required to perform the powers and duties conferred upon the 
  2.23  secretary by law or executive order. 
  2.24     Subd. 4.  [DEFINITION.] As used in this section, 
  2.25  "governor's secretaries" means the secretary of administration; 
  2.26  the secretary of agriculture, commerce, and trade; the secretary 
  2.27  of education; the secretary of finance; the secretary of health 
  2.28  and human resources; the secretary of natural resources; the 
  2.29  secretary of public safety; and the secretary of transportation. 
  2.30     Sec. 2.  [15.0602] [ASSIGNMENT OF AGENCIES.] 
  2.31     Subdivision 1.  [SECRETARY OF ADMINISTRATION.] The 
  2.32  following agencies report to the secretary of administration:  
  2.33  department of administration, office of administrative hearings, 
  2.34  department of employee relations, capitol area architectural and 
  2.35  planning board, designer selection board, and office of 
  2.36  strategic and long-range planning. 
  3.1      Subd. 2.  [SECRETARY OF AGRICULTURE, COMMERCE, AND 
  3.2   TRADE.] The following agencies report to the secretary of 
  3.3   agriculture, commerce, and trade:  department of agriculture, 
  3.4   rural finance agency, department of trade and economic 
  3.5   development, department of commerce, department of labor and 
  3.6   industry, Minnesota Technology, Inc., public utilities 
  3.7   commission, department of economic security, animal health 
  3.8   board, state agricultural society, state horticultural society, 
  3.9   Minnesota film board, iron range resources and rehabilitation 
  3.10  board, and all non-health-related licensing boards not otherwise 
  3.11  assigned by this section.  
  3.12     Subd. 3.  [SECRETARY OF EDUCATION.] The following agencies 
  3.13  report to the secretary of education:  state arts board; center 
  3.14  for arts education; department of children, families, and 
  3.15  learning; Minnesota state colleges and universities; higher 
  3.16  education facilities authority; higher education services 
  3.17  office; state historical society; humanities commission; 
  3.18  Minnesota academy of science; and Minnesota zoological garden. 
  3.19     Subd. 4.  [SECRETARY OF FINANCE.] The following agencies 
  3.20  report to the secretary of finance:  campaign finance and public 
  3.21  disclosure board, department of finance, department of revenue, 
  3.22  and housing finance agency. 
  3.23     Subd. 5.  [SECRETARY OF HEALTH AND HUMAN RESOURCES.] The 
  3.24  following agencies report to the secretary of health and human 
  3.25  resources:  board on aging, council on Asian-Pacific 
  3.26  Minnesotans, council on Black Minnesotans, Indian affairs 
  3.27  council, council on affairs of Chicano/Latino people, Minnesota 
  3.28  amateur sports commission, state council on disability, health 
  3.29  care commission, department of health, department of human 
  3.30  services, department of human rights, ombudsman for mental 
  3.31  health and mental retardation, department of veterans affairs, 
  3.32  veterans homes board, and all health-related licensing boards 
  3.33  not otherwise assigned by this section. 
  3.34     Subd. 6.  [SECRETARY OF NATURAL RESOURCES.] The following 
  3.35  agencies report to the secretary of natural resources:  office 
  3.36  of state archaeologist, Minnesota-Wisconsin boundary area 
  4.1   commission, office of environmental assistance, environmental 
  4.2   quality board, pollution control agency, board of water and soil 
  4.3   resources, and the department of natural resources. 
  4.4      Subd. 7.  [SECRETARY OF PUBLIC SAFETY.] The following 
  4.5   agencies report to the secretary of public safety:  department 
  4.6   of public safety, department of military affairs, department of 
  4.7   corrections, ombudsman for corrections, lawful gambling board, 
  4.8   Minnesota lottery, racing commission, sentencing guidelines 
  4.9   commission, peace officer standards and training board, and 
  4.10  private detective and protective agent board. 
  4.11     Subd. 8.  [SECRETARY OF TRANSPORTATION.] The following 
  4.12  agencies report to the secretary of transportation:  department 
  4.13  of transportation, metropolitan airports commission, and 
  4.14  metropolitan council. 
  4.15     Subd. 9.  [OTHER AGENCIES.] The governor must assign an 
  4.16  executive branch agency to the jurisdiction of a secretary if 
  4.17  this section does not make this assignment.  This subdivision 
  4.18  does not apply to an executive agency established in the 
  4.19  constitution. 
  4.20     Sec. 3.  [IMPLEMENTATION.] 
  4.21     (a) Within 30 days of the effective date of this section, a 
  4.22  task force shall convene to plan the implementation of sections 
  4.23  1 and 2.  The governor shall appoint at least four, but no more 
  4.24  than six, heads of state agencies to serve on the task force.  
  4.25  The speaker of the house of representatives shall appoint one 
  4.26  member of the majority caucus and the minority leader shall 
  4.27  appoint a member of the minority caucus.  The senate majority 
  4.28  leader shall appoint a member of the majority caucus and the 
  4.29  minority leader shall appoint a member of the minority caucus.  
  4.30  If there is more than one minority caucus in either body, only 
  4.31  the larger or largest minority caucus shall appoint a member to 
  4.32  the task force. 
  4.33     (b) In planning the implementation of sections 1 and 2, the 
  4.34  task force shall address at least the following issues: 
  4.35     (1) any reorganization of state agencies or reassignment of 
  4.36  agency functions that might be necessary or desirable; and 
  5.1      (2) any changes in the appointment, confirmation, and 
  5.2   titles of agency heads that might be necessary or desirable. 
  5.3      (c) The task force shall report to the governor and the 
  5.4   legislature by January 15, 2004.  Its report must include a 
  5.5   report on the progress of any reorganization that has been 
  5.6   identified as necessary or desirable and shall recommend any 
  5.7   legislation that might be necessary for further reorganization 
  5.8   and for implementation of sections 1 and 2.  Also, by January 
  5.9   15, 2004, the governor's office must submit to the legislature 
  5.10  drafts of any executive orders the governor plans to issue to 
  5.11  implement any reorganization that has been identified as 
  5.12  necessary or desirable. 
  5.13     (d) As a result of efficiencies achieved through the 
  5.14  realignment of agency authority and accountability in sections 1 
  5.15  and 2, the governor shall reduce managerial, supervisory, and 
  5.16  other positions in executive branch agencies.  In accomplishing 
  5.17  these reductions, the governor shall eliminate certain 
  5.18  commissioner and deputy commissioner positions and shall 
  5.19  consolidate support services, such as management information 
  5.20  systems, public information, government relations, research, 
  5.21  human resources, procurement, and training and development.  The 
  5.22  legislature anticipates general fund savings of $....... in 
  5.23  fiscal year 2004 as a result of these reductions.  These general 
  5.24  fund savings cancel to the general fund. 
  5.25     (e) The governor must not appoint secretaries until January 
  5.26  6, 2004.  Notwithstanding Minnesota Statutes, section 15.06, the 
  5.27  first secretaries appointed on or after January 6, 2004, may 
  5.28  serve in office until the senate refuses to consent to their 
  5.29  appointment.