HF 1618

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state agencies; multimember agencies; 
  1.3             changing certain publication dates and requirements; 
  1.4             modifying registration requirements; changing the 
  1.5             expiration date for certain multimember agencies; 
  1.6             amending Minnesota Statutes 1996, sections 15.059, 
  1.7             subdivision 5; 15.0597, subdivisions 2 and 3; and 
  1.8             15.0599, subdivisions 1, 4, and 5, and by adding a 
  1.9             subdivision; proposing coding for new law in Minnesota 
  1.10            Statutes, chapter 15. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1996, section 15.059, 
  1.13  subdivision 5, is amended to read: 
  1.14     Subd. 5.  [EXPIRATION DATE.] Unless a different date is 
  1.15  specified by law, the existence of each advisory council and 
  1.16  committee created established before January 1, 1993 1997, and 
  1.17  governed by this section shall terminate on terminates June 30, 
  1.18  1993 1997.  An advisory council or committee whose expiration is 
  1.19  not governed by this section does not terminate June 30, 1993, 
  1.20  unless specified by other law.  An advisory council or committee 
  1.21  created established by law and in existence after June 30, 1993 
  1.22  1997, expires on the date specified in the law creating 
  1.23  establishing the group or on June 30, 1997 2001, whichever is 
  1.24  sooner.  This expiration provision subdivision applies whether 
  1.25  or not the law creating establishing the group provides that the 
  1.26  group is governed by this section. 
  1.27     Sec. 2.  Minnesota Statutes 1996, section 15.0597, 
  1.28  subdivision 2, is amended to read: 
  2.1      Subd. 2.  [COLLECTION OF DATA.] The chair of an existing 
  2.2   agency, or the appointing authority for the members of a newly 
  2.3   created agency, shall provide the secretary, on forms prepared 
  2.4   and distributed by the secretary, with the following data 
  2.5   pertaining to that agency: 
  2.6      (1) the name of the agency, its mailing address, and 
  2.7   telephone number; 
  2.8      (2) the legal authority for the creation of the agency and 
  2.9   the name of the person appointing agency members; 
  2.10     (3) the powers and duties of the agency; 
  2.11     (4) the number of authorized members, together with any 
  2.12  prescribed restrictions on eligibility such as employment 
  2.13  experience or geographical representation; 
  2.14     (5) the dates of commencement and expiration of the 
  2.15  membership terms and the expiration date of the agency, if any; 
  2.16     (6) the compensation of members, and appropriations or 
  2.17  other funds available to the agency; 
  2.18     (7) the regular meeting schedule, if any, and approximate 
  2.19  number of hours per month of meetings or other activities 
  2.20  required of members; 
  2.21     (8) the roster of current members, including mailing 
  2.22  addresses and telephone numbers; and 
  2.23     (9) a breakdown of the membership showing distribution by 
  2.24  county, legislative district, and congressional district, and, 
  2.25  only if the member has voluntarily supplied the information, the 
  2.26  sex, political party preference or lack thereof of party 
  2.27  preference, race, and national origin of the members. 
  2.28     The secretary may provide for the submission of data in 
  2.29  accordance with this subdivision by electronic means.  The 
  2.30  publication requirement under clause (8) may be met by 
  2.31  publishing a member's home or business address and telephone 
  2.32  number, the address and telephone number of the agency to which 
  2.33  the member is appointed, the member's electronic mail address, 
  2.34  if provided, or any other information that would enable the 
  2.35  public to communicate with the member. 
  2.36     Sec. 3.  Minnesota Statutes 1996, section 15.0597, 
  3.1   subdivision 3, is amended to read: 
  3.2      Subd. 3.  [PUBLICATION OF AGENCY DATA.] The secretary of 
  3.3   state shall provide for annual updating of the required data and 
  3.4   shall annually arrange for the publication in the state register 
  3.5   of the compiled data from all agencies on or about 
  3.6   November October 15 of each year.  Copies of the compilation 
  3.7   shall must be delivered to the governor and the legislature.  
  3.8   Copies of the compilation shall must be made available by the 
  3.9   secretary to any interested person at cost, and copies shall 
  3.10  must be available for viewing by interested persons.  The chair 
  3.11  of an agency who does not submit data required by this section 
  3.12  or who does not notify the secretary of a vacancy in the agency, 
  3.13  shall is not be eligible for a per diem or expenses in 
  3.14  connection with agency service until December 1 of the following 
  3.15  year. 
  3.16     Sec. 4.  Minnesota Statutes 1996, section 15.0599, 
  3.17  subdivision 1, is amended to read: 
  3.18     Subdivision 1.  [APPLICABILITY.] For purposes of this 
  3.19  section, "agency" means: 
  3.20     (1) a state board, commission, council, committee, 
  3.21  authority, task force, including an advisory task force 
  3.22  established under section 15.014 or 15.0593, other multimember 
  3.23  agency, however designated, established by statute or order and 
  3.24  having statewide jurisdiction; 
  3.25     (2) the metropolitan council established by section 
  3.26  473.123, a metropolitan agency as defined in section 473.121, 
  3.27  subdivision 5a, or a multimember body, however designated, 
  3.28  appointed by the metropolitan council established by section 
  3.29  473.123 or a metropolitan agency as defined in section 473.121, 
  3.30  subdivision 5a, if the membership includes at least one person 
  3.31  who is not a member of the council or the agency; and 
  3.32     (3) a multimember body whose members are appointed by the 
  3.33  legislature if the body has at least one nonlegislative member; 
  3.34  and 
  3.35     (4) any other multimember body established by law with at 
  3.36  least one appointed member, without regard to the appointing 
  4.1   authority. 
  4.2      "Secretary" means the secretary of state. 
  4.3      Sec. 5.  Minnesota Statutes 1996, section 15.0599, 
  4.4   subdivision 4, is amended to read: 
  4.5      Subd. 4.  [REGISTRATION; INFORMATION REQUIRED.] (a) The 
  4.6   appointing authority of a newly established agency shall provide 
  4.7   the secretary with the following information: 
  4.8      (1) the name, mailing address, and telephone number of the 
  4.9   agency; 
  4.10     (2) the legal authority for the establishment of the agency 
  4.11  and the name and the title of the person or persons appointing 
  4.12  agency members; 
  4.13     (3) the powers and duties of the agency and whether the 
  4.14  agency, however designated, is best described by section 15.012, 
  4.15  paragraph (a), (b), (c), (e), or (f); 
  4.16     (4) the number of authorized members, together with any 
  4.17  prescribed restrictions on eligibility; 
  4.18     (5) the roster of current members, including mailing 
  4.19  addresses and telephone numbers; 
  4.20     (6) a breakdown of the membership showing distribution by 
  4.21  county, legislative district, and congressional district and 
  4.22  compliance with any restrictions listed in accordance with 
  4.23  clause (4); 
  4.24     (7) if any members have voluntarily provided the 
  4.25  information, the sex, age, political preference or lack of 
  4.26  preference, race, and national origin of those members; 
  4.27     (8) the dates of commencement and expiration of membership 
  4.28  terms and the expiration date of the agency, if any; 
  4.29     (9) the compensation of members and appropriations or other 
  4.30  money available to the agency; 
  4.31     (10) the name of the state agency or other entity, if any, 
  4.32  required to provide staff or administrative support to the 
  4.33  agency; 
  4.34     (11) the regular meeting schedule, if any, and the 
  4.35  approximate number of hours a month of meetings or other 
  4.36  activities required of members; and 
  5.1      (12) a brief statement of the goal or purpose of the 
  5.2   agency, along with a summary of what an existing agency has 
  5.3   done, or what a newly established agency plans to do to achieve 
  5.4   its goal or purpose. 
  5.5      The publication requirement under clause (5) may be met by 
  5.6   publishing a member's home or business address and telephone 
  5.7   number, the address and telephone number of the agency to which 
  5.8   the member is appointed, the member's electronic mail address, 
  5.9   or any other information that would enable the public to 
  5.10  communicate with the member. 
  5.11     (b) The chair of an existing agency shall provide 
  5.12  information, covering the fiscal year in which it is 
  5.13  registering, on the number of meetings it has held, its 
  5.14  expenses, and the number of staff hours, if any, devoted to its 
  5.15  support.  The chair shall also, if necessary, update any of the 
  5.16  information previously provided in accordance with paragraph (a).
  5.17     (c) The secretary shall provide forms for the reporting of 
  5.18  information required by this subdivision and may provide for 
  5.19  reporting by electronic means. 
  5.20     Sec. 6.  Minnesota Statutes 1996, section 15.0599, is 
  5.21  amended by adding a subdivision to read: 
  5.22     Subd. 4a.  [ELIGIBILITY FOR COMPENSATION.] The members of 
  5.23  an agency that submits all the information required by this 
  5.24  section by the prescribed deadlines are eligible to receive 
  5.25  compensation, but no compensation, including reimbursement for 
  5.26  expenses, may be paid to members of an agency not in compliance 
  5.27  with this section.  If an agency has not submitted all required 
  5.28  information by its applicable deadline, the secretary shall 
  5.29  notify the agency that it is not in compliance and that it has 
  5.30  30 days from the date of the notice to achieve compliance.  If 
  5.31  the agency is out of compliance at the end of the 30-day period, 
  5.32  the secretary shall notify the commissioner of finance that 
  5.33  members of the agency are not entitled to compensation.  If the 
  5.34  agency subsequently complies with this section, the secretary 
  5.35  shall notify the commissioner that the agency's members are 
  5.36  eligible for compensation from the date of compliance.  No 
  6.1   retroactive compensation may be paid, however, for any period 
  6.2   during which the agency was out of compliance. 
  6.3      Sec. 7.  Minnesota Statutes 1996, section 15.0599, 
  6.4   subdivision 5, is amended to read: 
  6.5      Subd. 5.  [REPORTING BY SECRETARY.] By August October 15 of 
  6.6   each year, the secretary shall furnish copies and a summary of 
  6.7   the information collected under subdivision 4 to the legislative 
  6.8   reference library. 
  6.9      Sec. 8.  [15.064] [PUBLICATION ON THE WORLD WIDE WEB.] 
  6.10     Except as provided in this section, an agency or 
  6.11  constitutional officer required by law to publish any material 
  6.12  in the State Register may, at the option of the agency or 
  6.13  officer, meet the requirement by making the material available 
  6.14  on the world wide web.  An agency or officer choosing that 
  6.15  option shall publish notice of that fact in the State Register 
  6.16  at least once a year and shall send the same notice by United 
  6.17  States mail to all persons who have registered with the agency 
  6.18  or officer for the purpose of receiving notice of the agency's 
  6.19  or officer's proceedings or publications.