HF 2341

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to the legislature; changing provisions governing the Legislative
Coordinating Commission and subordinate agencies; eliminating a commission;
changing membership and operation of the Compensation Council; appropriating
money; amending Minnesota Statutes 2004, sections 3.303, subdivision 3, by
adding a subdivision; 3.85, subdivisions 8, 9; 15A.082, subdivisions 1, 2, 3;
216C.051, subdivision 6; repealing Minnesota Statutes 2004, sections 3.304,
subdivisions 1, 5; 3.884.

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

Section 1.

Minnesota Statutes 2004, section 3.303, subdivision 3, is amended to read:

Subd. 3.

Chair.

The president of the senate and the speaker of the house shall
alternate annually as chair of the commission. new text begin The chair may designate another member of
the commission to serve as chair for the reminder of the year during which the designating
member would otherwise be chair. The designee must be a member of the same legislative
body as the chair making the designation.
new text end

Sec. 2.

Minnesota Statutes 2004, section 3.303, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Acceptance of grants and gifts. new text end

new text begin The commission may accept gifts and
grants for purposes related to the duties of the commission. Money received by the
commission from a gift or grant is appropriated to the commission for purposes specified
in the gift or grant.
new text end

Sec. 3.

Minnesota Statutes 2004, section 3.85, subdivision 8, is amended to read:

Subd. 8.

Expenses, reimbursement.

The members of the commission and its
deleted text begin assistants shall deleted text end new text begin staff must new text end be reimbursed for all expenses actually and necessarily incurred
in the performance of their duties. Reimbursement for expenses incurred deleted text begin shall deleted text end new text begin must new text end be
made deleted text begin under the rules governing state employees deleted text end new text begin in accordance with policies adopted
by the commission new text end .

Sec. 4.

Minnesota Statutes 2004, section 3.85, subdivision 9, is amended to read:

Subd. 9.

Expenses and reports.

Expenses of the commission shall be approved
by the chair or another member as the rules of the commission provide. deleted text begin The expenses
shall then be paid like other state expenses. A general summary or statement of expenses
incurred by the commission and paid shall be made to the legislature by November 15 of
each even-numbered year.
deleted text end

Sec. 5.

Minnesota Statutes 2004, section 15A.082, subdivision 1, is amended to read:

Subdivision 1.

Creation.

A Compensation Council is created each deleted text begin even-numbered
deleted text end new text begin odd-numbered new text end year to assist the legislature in establishing the compensation of
constitutional officers, members of the legislature, justices of the Supreme Court, judges
of the Court of Appeals and district court, and the heads of state and metropolitan agencies
included in section 15A.0815.

Sec. 6.

Minnesota Statutes 2004, section 15A.082, subdivision 2, is amended to read:

Subd. 2.

Membership.

The Compensation Council consists of 16 members:
two members new text begin , who are not members new text end of the house of representatives new text begin , new text end appointed by the
speaker of the house of representatives; two members new text begin , who are not members new text end of the senate new text begin , new text end
appointed by the majority leader of the senate; one member new text begin , who is not a member new text end of the
house of representatives new text begin , new text end appointed by the minority leader of the house of representatives;
one member new text begin , who is not a member new text end of the senate new text begin , new text end appointed by the minority leader of the
senate; two nonjudges appointed by the chief justice of the Supreme Court; and one
member from each congressional district appointed by the governor, of whom no more
than four may belong to the same political party. Appointments must be made deleted text begin by October
1 deleted text end new text begin after the first Monday in January and before January 15 new text end . The compensation and removal
of members appointed by the governor or the chief justice shall be as provided in section
15.059, subdivisions 3 and 4. The Legislative Coordinating Commission shall provide the
council with administrative and support services.

Sec. 7.

Minnesota Statutes 2004, section 15A.082, subdivision 3, is amended to read:

Subd. 3.

Submission of recommendations.

(a) By deleted text begin May deleted text end new text begin April new text end 1 in each
odd-numbered year, the Compensation Council shall submit to the speaker of the house of
representatives and the president of the senate salary recommendations for constitutional
officers, legislators, justices of the Supreme Court, and judges of the Court of Appeals
and district court. The recommended salary for each office must take effect on the first
Monday in January of the next odd-numbered year, with no more than one adjustment, to
take effect on January 1 of the year after that. The salary recommendations for legislators,
judges, and constitutional officers take effect if an appropriation of money to pay the
recommended salaries is enacted after the recommendations are submitted and before
their effective date. Recommendations may be expressly modified or rejected. The salary
recommendations for legislators are subject to additional terms that may be adopted
according to section 3.099, subdivisions 1 and 3.

(b) The council shall also submit to the speaker of the house of representatives and
the president of the senate recommendations for the salary ranges of the heads of state
and metropolitan agencies, to be effective retroactively from January 1 of that year if
enacted into law. The recommendations shall include the appropriate group in section
15A.0815 to which each agency head should be assigned and the appropriate limitation
on the maximum range of the salaries of the agency heads in each group, expressed as a
percentage of the salary of the governor.

Sec. 8.

Minnesota Statutes 2004, section 216C.051, subdivision 6, is amended to read:

Subd. 6.

Assessment; appropriation.

On request by the cochairs of the Legislative
Task Force and after approval of the new text begin chair of the new text end Legislative Coordinating Commission,
the commissioner of commerce shall assess from all public utilities, generation and
transmission cooperative electric associations, and municipal power agencies providing
electric or natural gas services in Minnesota, in addition to assessments made under
section 216B.62, the amount requested for the operation of the task force not to exceed
$250,000 in a fiscal year. The amount assessed under this section is appropriated to the
director of the Legislative Coordinating Commission for those purposes, and is available
until expended. The department shall apportion those costs among all energy utilities in
proportion to their respective gross operating revenues from the sale of gas or electric
service within the state during the last calendar year. For the purposes of administrative
efficiency, the department shall assess energy utilities and issue bills in accordance with
the billing and assessment procedures provided in section 216B.62, to the extent that these
procedures do not conflict with this subdivision.

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 3.304, subdivisions 1 and 5; and 3.884, new text end new text begin are
repealed.
new text end