HF 2761

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; creating the office of 
  1.3             state treasurer; amending Minnesota Statutes 2000, 
  1.4             sections 4.06; 8.05; 10.01; 11A.08, subdivision 1; 
  1.5             43A.18, subdivision 4; 204B.11, subdivision 1; 
  1.6             204D.10, subdivision 2; 209.01, subdivision 2; 
  1.7             proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 7. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 4.06, is 
  1.11  amended to read: 
  1.12     4.06 [VACANCY; SUCCESSION; DISABILITY.] 
  1.13     (a) When a vacancy occurs, from any cause whatever, in the 
  1.14  office of governor, the lieutenant governor shall become 
  1.15  governor and the last duly elected president of the senate shall 
  1.16  become lieutenant governor for the remainder of the term.  When 
  1.17  a vacancy occurs, from any cause whatever, in the office of 
  1.18  governor and in the office of lieutenant governor, the president 
  1.19  of the senate shall become governor for the remainder of the 
  1.20  term.  If there be no president of the senate, then the speaker 
  1.21  of the house of representatives shall become governor for the 
  1.22  remainder of the term; or if there be none, then the secretary 
  1.23  of state, or the auditor, or the treasurer, or the attorney 
  1.24  general, in that order, shall upon resignation from office, 
  1.25  become governor for the remainder of the term.  
  1.26     (b) In case of the death or other failure to take office of 
  1.27  the governor-elect, the lieutenant governor-elect shall become 
  2.1   governor from the same time and in the same manner and for the 
  2.2   same term as provided for the governor-elect.  In case of the 
  2.3   death or other failure to take office of both the governor-elect 
  2.4   and lieutenant governor-elect, the last duly elected president 
  2.5   of the senate, or in the case of death or other failure to take 
  2.6   office, the last duly elected speaker of the house of 
  2.7   representatives, or in the case of death or other failure to 
  2.8   take office, the secretary of state-elect, or under the same 
  2.9   circumstances the auditor-elect, the treasurer-elect or the 
  2.10  attorney general-elect, in that order shall become governor from 
  2.11  the same time and in the same manner and for the same term as 
  2.12  provided for the governor-elect.  
  2.13     (c) If the governor transmits to the president of the 
  2.14  senate and the speaker of the house of representatives a written 
  2.15  declaration of an inability to discharge the powers and duties 
  2.16  of the office of governor, and until the governor transmits a 
  2.17  written declaration to the contrary, the powers and duties of 
  2.18  the governor shall be discharged by the lieutenant governor. 
  2.19     (d) The governor may be declared unable to discharge the 
  2.20  powers and duties of the office if a declaration is signed by 
  2.21  four out of five of the following persons and transmitted to the 
  2.22  president of the senate and the speaker of the house of 
  2.23  representatives:  the chief justice of the supreme court, the 
  2.24  lieutenant governor, the governor's chief of staff, the 
  2.25  governor's personal physician, and a member of the governor's 
  2.26  cabinet designated in advance by the governor.  If no cabinet 
  2.27  member has been designated, three out of four shall be 
  2.28  sufficient.  The lieutenant governor shall then discharge the 
  2.29  powers and duties of the office of governor.  
  2.30     (e) The declaration remains in effect until the governor 
  2.31  transmits to the president of the senate and the speaker of the 
  2.32  house of representatives a written declaration that no inability 
  2.33  exists, unless four out of five of the persons described in 
  2.34  paragraph (d), or three out of four if no cabinet member has 
  2.35  been designated, sign and transmit to the president of the 
  2.36  senate and the speaker of the house of representatives within 
  3.1   four days of the governor's declaration a declaration that the 
  3.2   governor is unable to discharge the powers and duties of the 
  3.3   office.  In that event, the lieutenant governor shall continue 
  3.4   to discharge the duties of the office until the legislature 
  3.5   decides the issue, assembling within 48 hours for that purpose 
  3.6   if not in session.  If the legislature, within 21 days after 
  3.7   receipt of the declaration that the governor is unable to 
  3.8   discharge the powers and duties of the office or, if the 
  3.9   legislature is not in session, within 21 days after being 
  3.10  required to assemble, determines by two-thirds vote of both 
  3.11  houses that the governor is unable to discharge the powers and 
  3.12  duties of the office, the lieutenant governor shall continue to 
  3.13  discharge the powers and duties of the office.  Otherwise, the 
  3.14  governor shall resume the powers and duties of the office. 
  3.15     Sec. 2.  [7.015] [OFFICE OF STATE TREASURER.] 
  3.16     The office of state treasurer is created, under direction 
  3.17  of a state treasurer appointed by the governor, with advice and 
  3.18  consent of the senate.  The treasurer serves in the unclassified 
  3.19  service.  Section 15.06, subdivisions 2 to 6, apply to the state 
  3.20  treasurer.  Personnel, powers, or duties of the office of state 
  3.21  treasurer may not be transferred to another agency under 
  3.22  authority of section 16B.37 or other law. 
  3.23     Sec. 3.  Minnesota Statutes 2000, section 8.05, is amended 
  3.24  to read: 
  3.25     8.05 [FORMS PREPARED; OPINIONS.] 
  3.26     The attorney general shall prepare forms for bonds and 
  3.27  other contracts and instruments for the use of state officials, 
  3.28  boards, and commissions and give legal advice in all matters 
  3.29  relating to their official duties, whenever required by the 
  3.30  governor, auditor, treasurer, or secretary of state, or any 
  3.31  board or commission created by law.  When required by either 
  3.32  house of the legislature the attorney general shall give a 
  3.33  written opinion upon any question of law.  The attorney general 
  3.34  similarly shall give a written opinion upon any question of law 
  3.35  submitted by a permanent or interim committee or commission of 
  3.36  the legislature or of either house of the legislature, including 
  4.1   but not limited to an interim committee of the legislature 
  4.2   created by law for a county containing a city of the first class.
  4.3      Sec. 4.  Minnesota Statutes 2000, section 10.01, is amended 
  4.4   to read: 
  4.5      10.01 [SPACE FOR CONSTITUTIONAL OFFICES; ADDITIONAL 
  4.6   DUTIES.] 
  4.7      The governor, secretary of state, auditor, treasurer, and 
  4.8   attorney general shall keep their offices in rooms provided for 
  4.9   them, respectively, in the area known as the capitol, or as the 
  4.10  capitol complex, or as the capitol area; and, in addition to the 
  4.11  duties heretofore prescribed, shall severally render such other 
  4.12  services and be subject to such further obligations as are 
  4.13  required of or imposed upon them by law. 
  4.14     Sec. 5.  Minnesota Statutes 2000, section 11A.08, 
  4.15  subdivision 1, is amended to read: 
  4.16     Subdivision 1.  [MEMBERSHIP.] There is created an 
  4.17  investment advisory council consisting of 17 18 members.  Ten of 
  4.18  these members shall be experienced in general investment 
  4.19  matters.  They shall be appointed by the state board.  One 
  4.20  member is the state treasurer.  The other seven members shall 
  4.21  be:  the commissioner of finance; the executive director of the 
  4.22  Minnesota state retirement system; the executive director of the 
  4.23  public employees retirement association; the executive director 
  4.24  of the teachers retirement association; a retiree currently 
  4.25  receiving benefits from the postretirement investment fund; and 
  4.26  two public employees who are active members of funds whose 
  4.27  assets are invested by the state board.  The retiree and the 
  4.28  public employees shall be appointed by the governor for 
  4.29  four-year terms. 
  4.30     Sec. 6.  Minnesota Statutes 2000, section 43A.18, 
  4.31  subdivision 4, is amended to read: 
  4.32     Subd. 4.  [PLANS NOT ESTABLISHED BUT APPROVED BY 
  4.33  COMMISSIONER.] (a) Notwithstanding any other law to the 
  4.34  contrary, terms and conditions of employment for employees 
  4.35  listed in this subdivision must be set by appointing authorities 
  4.36  within the limits of compensation plans that have been approved 
  5.1   by the commissioner before becoming effective.  Compensation 
  5.2   plans established under paragraph (c) must be reviewed and 
  5.3   approved, modified, or rejected by the legislature and the 
  5.4   legislative coordinating commission under section 3.855, 
  5.5   subdivisions 2 and 3, before becoming effective. 
  5.6      (b) Total compensation for employees who are not covered by 
  5.7   a collective bargaining agreement in the offices of the 
  5.8   governor, lieutenant governor, attorney general, secretary of 
  5.9   state, and state auditor, and state treasurer must be determined 
  5.10  by the governor, lieutenant governor, attorney general, 
  5.11  secretary of state, and state auditor, and state treasurer, 
  5.12  respectively.  
  5.13     (c) Total compensation for unclassified positions not 
  5.14  covered by a collective bargaining agreement in the higher 
  5.15  education services office must be determined by the higher 
  5.16  education services office. 
  5.17     Sec. 7.  Minnesota Statutes 2000, section 204B.11, 
  5.18  subdivision 1, is amended to read: 
  5.19     Subdivision 1.  [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 
  5.20  Except as provided by subdivision 2, a filing fee shall be paid 
  5.21  by each candidate who files an affidavit of candidacy.  The fee 
  5.22  shall be paid at the time the affidavit is filed.  The amount of 
  5.23  the filing fee shall vary with the office sought as follows: 
  5.24     (a) for the office of governor, lieutenant governor, 
  5.25  attorney general, state auditor, state treasurer, secretary of 
  5.26  state, representative in Congress, judge of the supreme court, 
  5.27  judge of the court of appeals, or judge of the district court, 
  5.28  $300; 
  5.29     (b) for the office of senator in Congress, $400; 
  5.30     (c) for office of senator or representative in the 
  5.31  legislature, $100; 
  5.32     (d) for a county office, $50; and 
  5.33     (e) for the office of soil and water conservation district 
  5.34  supervisor, $20. 
  5.35     For the office of presidential elector, and for those 
  5.36  offices for which no compensation is provided, no filing fee is 
  6.1   required. 
  6.2      The filing fees received by the county auditor shall 
  6.3   immediately be paid to the county treasurer.  The filing fees 
  6.4   received by the secretary of state shall immediately be paid to 
  6.5   the state treasurer. 
  6.6      When an affidavit of candidacy has been filed with the 
  6.7   appropriate filing officer and the requisite filing fee has been 
  6.8   paid, the filing fee shall not be refunded.  If a candidate's 
  6.9   filing fee is paid with a check, draft, or similar negotiable 
  6.10  instrument for which sufficient funds are not available or that 
  6.11  is dishonored, notice to the candidate of the worthless 
  6.12  instrument must be sent by the filing officer via registered 
  6.13  mail no later than immediately upon the closing of the filing 
  6.14  deadline with return receipt requested.  The candidate will have 
  6.15  five days from the time the filing officer receives proof of 
  6.16  receipt to issue a check or other instrument for which 
  6.17  sufficient funds are available.  The candidate issuing the 
  6.18  worthless instrument is liable for a service charge pursuant to 
  6.19  section 332.50.  If adequate payment is not made, the name of 
  6.20  the candidate must not appear on any official ballot and the 
  6.21  candidate is liable for all costs incurred by election officials 
  6.22  in removing the name from the ballot. 
  6.23     Sec. 8.  Minnesota Statutes 2000, section 204D.10, 
  6.24  subdivision 2, is amended to read: 
  6.25     Subd. 2.  [PARTY PRIMARY; TEN PERCENT REQUIREMENT.] If at 
  6.26  the state primary any individual seeking a major political 
  6.27  party's nomination for an office receives a number of votes 
  6.28  equal to ten percent of the average of the votes cast at the 
  6.29  last state general election for state officers of that major 
  6.30  political party within the district for which the office is 
  6.31  voted, then all candidates of that major political party who 
  6.32  receive the highest vote for an office are the nominees of that 
  6.33  major political party.  If none of the candidates of a major 
  6.34  political party receive the required ten percent, then no 
  6.35  candidates are nominated, and all the candidates of that major 
  6.36  political party may be nominated by nominating petition as 
  7.1   provided in sections 204B.07 to 204B.09.  For the purposes of 
  7.2   this subdivision, "state officers" mean the governor, lieutenant 
  7.3   governor, secretary of state, state auditor, state treasurer, 
  7.4   and attorney general. 
  7.5      Sec. 9.  Minnesota Statutes 2000, section 209.01, 
  7.6   subdivision 2, is amended to read: 
  7.7      Subd. 2.  [STATEWIDE OFFICE.] For purposes of this chapter 
  7.8   "statewide office" means the office of governor, lieutenant 
  7.9   governor, attorney general, state auditor, state treasurer, 
  7.10  secretary of state, chief justice or associate justice of the 
  7.11  supreme court, judge of the court of appeals, United States 
  7.12  senator, or presidential elector. 
  7.13     Sec. 10.  [TRANSFER.] 
  7.14     All statutory powers, responsibilities, and duties of the 
  7.15  constitutional office of state treasurer are transferred to the 
  7.16  statutory office of state treasurer, under Minnesota Statutes, 
  7.17  section 15.039, except as otherwise provided in Laws 1998, 
  7.18  chapter 387, and except that Minnesota Statutes, section 15.039, 
  7.19  subdivision 7, does not apply to the elected state treasurer. 
  7.20     Sec. 11.  [EFFECTIVE DATE.] 
  7.21     Sections 1 to 10 are effective January 6, 2003.