HF 3270

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; modifying election of 
  1.3             house officers; creating office of state treasurer and 
  1.4             modifying related provisions; providing for governor's 
  1.5             cabinet and organizing certain government agencies; 
  1.6             providing for inspection of certain buildings; 
  1.7             modifying certain fund provisions; requiring certain 
  1.8             payments; modifying provisions of constitutional 
  1.9             officers' salaries; reducing certain appropriations; 
  1.10            modifying consulting moratorium and hiring freeze 
  1.11            provisions; amending Minnesota Statutes 2000, sections 
  1.12            3.06, subdivision 1; 4.06; 8.05; 10.01; 11A.08, 
  1.13            subdivision 1; 40A.151, subdivision 1; 40A.152, 
  1.14            subdivisions 1, 3; 43A.18, subdivision 4; 168A.40, 
  1.15            subdivision 4, as amended; 204B.11, subdivision 1; 
  1.16            204D.10, subdivision 2; 209.01, subdivision 2; 
  1.17            240A.08; 471.975; Minnesota Statutes 2001 Supplement, 
  1.18            section 16E.09, subdivision 1; Laws 2001, First 
  1.19            Special Session chapter 10, article 1, section 2, 
  1.20            subdivision 4; Laws 2002, chapter 220, article 10, 
  1.21            sections 2; 3; 7; 10, subdivision 3; 15; 16; 36; 37; 
  1.22            38; proposing coding for new law in Minnesota 
  1.23            Statutes, chapters 7; 15; 16B; 43A. 
  1.24  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.25     Section 1.  Minnesota Statutes 2000, section 3.06, 
  1.26  subdivision 1, is amended to read: 
  1.27     Subdivision 1.  [ELECTION.] Thereupon, if a quorum is 
  1.28  present, the houses shall elect the following officers, any of 
  1.29  whom may be removed by resolution of the appointing body. 
  1.30     The senate shall elect a secretary, a first and a second 
  1.31  assistant secretary, an enrolling clerk, an engrossing clerk, a 
  1.32  sergeant-at-arms, an assistant sergeant-at-arms, and a chaplain. 
  1.33     The house shall elect a speaker, who shall be a member of 
  1.34  the house, a chief clerk, a first and a second assistant clerk, 
  2.1   an index clerk, and a chief sergeant-at-arms, a first and a 
  2.2   second assistant sergeant-at-arms, a postmaster, an assistant 
  2.3   postmaster, and a chaplain. 
  2.4      Sec. 2.  Minnesota Statutes 2000, section 4.06, is amended 
  2.5   to read: 
  2.6      4.06 [VACANCY; SUCCESSION; DISABILITY.] 
  2.7      (a) When a vacancy occurs, from any cause whatever, in the 
  2.8   office of governor, the lieutenant governor shall become 
  2.9   governor and the last duly elected president of the senate shall 
  2.10  become lieutenant governor for the remainder of the term.  When 
  2.11  a vacancy occurs, from any cause whatever, in the office of 
  2.12  governor and in the office of lieutenant governor, the president 
  2.13  of the senate shall become governor for the remainder of the 
  2.14  term.  If there be no president of the senate, then the speaker 
  2.15  of the house of representatives shall become governor for the 
  2.16  remainder of the term; or if there be none, then the secretary 
  2.17  of state, or the auditor, or the treasurer, or the attorney 
  2.18  general, in that order, shall upon resignation from office, 
  2.19  become governor for the remainder of the term.  
  2.20     (b) In case of the death or other failure to take office of 
  2.21  the governor-elect, the lieutenant governor-elect shall become 
  2.22  governor from the same time and in the same manner and for the 
  2.23  same term as provided for the governor-elect.  In case of the 
  2.24  death or other failure to take office of both the governor-elect 
  2.25  and lieutenant governor-elect, the last duly elected president 
  2.26  of the senate, or in the case of death or other failure to take 
  2.27  office, the last duly elected speaker of the house of 
  2.28  representatives, or in the case of death or other failure to 
  2.29  take office, the secretary of state-elect, or under the same 
  2.30  circumstances the auditor-elect, the treasurer-elect or the 
  2.31  attorney general-elect, in that order shall become governor from 
  2.32  the same time and in the same manner and for the same term as 
  2.33  provided for the governor-elect.  
  2.34     (c) If the governor transmits to the president of the 
  2.35  senate and the speaker of the house of representatives a written 
  2.36  declaration of an inability to discharge the powers and duties 
  3.1   of the office of governor, and until the governor transmits a 
  3.2   written declaration to the contrary, the powers and duties of 
  3.3   the governor shall be discharged by the lieutenant governor. 
  3.4      (d) The governor may be declared unable to discharge the 
  3.5   powers and duties of the office if a declaration is signed by 
  3.6   four out of five of the following persons and transmitted to the 
  3.7   president of the senate and the speaker of the house of 
  3.8   representatives:  the chief justice of the supreme court, the 
  3.9   lieutenant governor, the governor's chief of staff, the 
  3.10  governor's personal physician, and a member of the governor's 
  3.11  cabinet designated in advance by the governor.  If no cabinet 
  3.12  member has been designated, three out of four shall be 
  3.13  sufficient.  The lieutenant governor shall then discharge the 
  3.14  powers and duties of the office of governor.  
  3.15     (e) The declaration remains in effect until the governor 
  3.16  transmits to the president of the senate and the speaker of the 
  3.17  house of representatives a written declaration that no inability 
  3.18  exists, unless four out of five of the persons described in 
  3.19  paragraph (d), or three out of four if no cabinet member has 
  3.20  been designated, sign and transmit to the president of the 
  3.21  senate and the speaker of the house of representatives within 
  3.22  four days of the governor's declaration a declaration that the 
  3.23  governor is unable to discharge the powers and duties of the 
  3.24  office.  In that event, the lieutenant governor shall continue 
  3.25  to discharge the duties of the office until the legislature 
  3.26  decides the issue, assembling within 48 hours for that purpose 
  3.27  if not in session.  If the legislature, within 21 days after 
  3.28  receipt of the declaration that the governor is unable to 
  3.29  discharge the powers and duties of the office or, if the 
  3.30  legislature is not in session, within 21 days after being 
  3.31  required to assemble, determines by two-thirds vote of both 
  3.32  houses that the governor is unable to discharge the powers and 
  3.33  duties of the office, the lieutenant governor shall continue to 
  3.34  discharge the powers and duties of the office.  Otherwise, the 
  3.35  governor shall resume the powers and duties of the office. 
  3.36     Sec. 3.  [7.015] [OFFICE OF STATE TREASURER.] 
  4.1      The office of state treasurer is created, under direction 
  4.2   of a state treasurer appointed by the governor, with advice and 
  4.3   consent of the senate.  The treasurer serves in the unclassified 
  4.4   service.  Section 15.06, subdivisions 2 to 6, apply to the state 
  4.5   treasurer.  Personnel, powers, or duties of the office of state 
  4.6   treasurer may not be transferred to another agency under 
  4.7   authority of section 16B.37 or other law. 
  4.8      Sec. 4.  Minnesota Statutes 2000, section 8.05, is amended 
  4.9   to read: 
  4.10     8.05 [FORMS PREPARED; OPINIONS.] 
  4.11     The attorney general shall prepare forms for bonds and 
  4.12  other contracts and instruments for the use of state officials, 
  4.13  boards, and commissions and give legal advice in all matters 
  4.14  relating to their official duties, whenever required by the 
  4.15  governor, auditor, treasurer, or secretary of state, or any 
  4.16  board or commission created by law.  When required by either 
  4.17  house of the legislature the attorney general shall give a 
  4.18  written opinion upon any question of law.  The attorney general 
  4.19  similarly shall give a written opinion upon any question of law 
  4.20  submitted by a permanent or interim committee or commission of 
  4.21  the legislature or of either house of the legislature, including 
  4.22  but not limited to an interim committee of the legislature 
  4.23  created by law for a county containing a city of the first class.
  4.24     Sec. 5.  Minnesota Statutes 2000, section 10.01, is amended 
  4.25  to read: 
  4.26     10.01 [SPACE FOR CONSTITUTIONAL OFFICES; ADDITIONAL 
  4.27  DUTIES.] 
  4.28     The governor, secretary of state, auditor, treasurer, and 
  4.29  attorney general shall keep their offices in rooms provided for 
  4.30  them, respectively, in the area known as the capitol, or as the 
  4.31  capitol complex, or as the capitol area; and, in addition to the 
  4.32  duties heretofore prescribed, shall severally render such other 
  4.33  services and be subject to such further obligations as are 
  4.34  required of or imposed upon them by law. 
  4.35     Sec. 6.  Minnesota Statutes 2000, section 11A.08, 
  4.36  subdivision 1, is amended to read: 
  5.1      Subdivision 1.  [MEMBERSHIP.] There is created an 
  5.2   investment advisory council consisting of 17 18 members.  Ten of 
  5.3   these members shall be experienced in general investment 
  5.4   matters.  They shall be appointed by the state board.  One 
  5.5   member is the state treasurer.  The other seven members shall 
  5.6   be:  the commissioner of finance; the executive director of the 
  5.7   Minnesota state retirement system; the executive director of the 
  5.8   public employees retirement association; the executive director 
  5.9   of the teachers retirement association; a retiree currently 
  5.10  receiving benefits from the postretirement investment fund; and 
  5.11  two public employees who are active members of funds whose 
  5.12  assets are invested by the state board.  The retiree and the 
  5.13  public employees shall be appointed by the governor for 
  5.14  four-year terms. 
  5.15     Sec. 7.  [15.001] [GOVERNOR'S CABINET.] 
  5.16     The cabinet consists of the following secretaries appointed 
  5.17  by the governor with the advice and consent of the senate:  
  5.18  administration, commerce and trade, education, finance, health 
  5.19  and human resources, natural resources, public safety, and 
  5.20  transportation.  A secretary may not begin to serve in office 
  5.21  until the senate has given its advice and consent.  Secretaries 
  5.22  serve at the pleasure of the governor.  The salary of a 
  5.23  secretary may not exceed 95 percent of the salary of the 
  5.24  governor. 
  5.25     Sec. 8.  [15.002] [DUTIES OF SECRETARIES.] 
  5.26     Each secretary shall: 
  5.27     (1) direct the development of goals, objectives, policies, 
  5.28  and plans necessary to the effective and efficient operation of 
  5.29  state government; 
  5.30     (2) make recommendations to the governor regarding major 
  5.31  policy issues, development of authority, and other matters 
  5.32  affecting the development and implementation of policy positions 
  5.33  and objectives; 
  5.34     (3) hold agency heads accountable for their administrative, 
  5.35  fiscal, and program actions in the operation of their agencies; 
  5.36     (4) reserve administrative jurisdictional, operational, 
  6.1   program, or policy conflicts between agencies or officials; 
  6.2      (5) coordinate communications with the federal government 
  6.3   and the governments of other states, under the direction of the 
  6.4   governor, in matters related to agency programs and activities; 
  6.5      (6) receive first reports required by law to be submitted 
  6.6   by agencies to the governor, and convey them to the governor; 
  6.7      (7) receive first recommendations required by law to be 
  6.8   made by agencies to the governor, and convey them to the 
  6.9   governor; 
  6.10     (8) direct the formulation of comprehensive budget 
  6.11  recommendations to the governor by agencies reporting to that 
  6.12  secretary; 
  6.13     (9) perform statutory duties assigned to a commissioner or 
  6.14  other agency head, if the position of the commissioner or agency 
  6.15  head is abolished; and 
  6.16     (10) serve as a liaison with nonstate agencies, interstate 
  6.17  compacts, and other nonstate organizations that receive state 
  6.18  appropriations or support directly or through a state agency 
  6.19  that reports to that secretary.  
  6.20     Sec. 9.  [16B.651] [INSPECTION OF OWNER-OCCUPIED 
  6.21  RESIDENTIAL BUILDINGS.] 
  6.22     Subdivision 1.  [APPLICATION; OWNER RESPONSIBILITY.] This 
  6.23  section applies to inspection of owner-occupied residential 
  6.24  buildings intended for dwelling by four or fewer families.  
  6.25  Notwithstanding any other law to the contrary, inspection of 
  6.26  owner-occupied residential buildings covered by this section 
  6.27  must be performed by an inspector selected and paid for by the 
  6.28  building owner.  This section does not apply to fire or other 
  6.29  life safety inspections, or to inspections necessary to obtain 
  6.30  the first certificate of occupancy upon initial construction of 
  6.31  a residential building.  
  6.32     Subd. 2.  [CERTIFICATION; OWNER CHOICE.] The commissioner 
  6.33  may certify inspectors who are qualified to perform inspections 
  6.34  under this section, and a municipality may require owners to 
  6.35  select only certified inspectors.  The commissioner may require 
  6.36  a certified inspector to post a bond in an amount determined by 
  7.1   the commissioner.  A municipality may not restrict an owner's 
  7.2   ability to choose among certified inspectors, provided that an 
  7.3   inspector may not inspect a property if the inspector or an 
  7.4   affiliate of the inspector was involved in design or 
  7.5   construction work involving the property.  For purposes of this 
  7.6   section, an "affiliate" is a person directly or indirectly 
  7.7   controlling, controlled by, or under common control with another 
  7.8   person. 
  7.9      Subd. 3.  [RECORD FILED WITH MUNICIPALITY.] A municipality 
  7.10  may require the owner or the inspector to file a record of the 
  7.11  inspection with the municipality.  Fees charged by a 
  7.12  municipality in connection with an inspection under this section 
  7.13  may not exceed the cost to the municipality of processing 
  7.14  inspection records sent to the municipality by owners and 
  7.15  inspectors. 
  7.16     Sec. 10.  Minnesota Statutes 2001 Supplement, section 
  7.17  16E.09, subdivision 1, is amended to read: 
  7.18     Subdivision 1.  [FUND ESTABLISHED.] A technology enterprise 
  7.19  fund is established.  Money deposited in the fund is 
  7.20  appropriated to the commissioner of administration for the 
  7.21  purpose of funding technology projects among government entities 
  7.22  that promote cooperation, innovation, and shared use of 
  7.23  technology and technology standards, and electronic government 
  7.24  services.  Savings generated by information technology and 
  7.25  communications projects or purchases, including rebates, 
  7.26  refunds, discounts, or other savings generated from aggregated 
  7.27  purchases of software, services, or technology products, may be 
  7.28  deposited in the fund upon agreement by the commissioner of 
  7.29  administration and the executive of the government entity 
  7.30  generating the funds.  The commissioner of administration may 
  7.31  apply for and accept grants, contributions, or other gifts from 
  7.32  the federal government and other public or private sources for 
  7.33  deposit into the fund.  The transfer of funds between state 
  7.34  agencies is subject to the approval of the commissioner of 
  7.35  finance.  The commissioner of finance shall notify the chairs of 
  7.36  the committees funding the affected state agencies of the 
  8.1   transfers.  Funds are available until June 30, 2005. 
  8.2      Sec. 11.  Minnesota Statutes 2000, section 40A.151, 
  8.3   subdivision 1, is amended to read: 
  8.4      Subdivision 1.  [ESTABLISHMENT.] The Minnesota conservation 
  8.5   fund is established as an account in the state treasury.  Money 
  8.6   from counties under section 40A.152 must be deposited in the 
  8.7   state treasury and credited one-half to the Minnesota 
  8.8   conservation fund account and one-half to the general fund. 
  8.9      [EFFECTIVE DATE.] This section is effective for money from 
  8.10  counties deposited in the state treasury after June 30, 2002. 
  8.11     Sec. 12.  Minnesota Statutes 2000, section 40A.152, 
  8.12  subdivision 1, is amended to read: 
  8.13     Subdivision 1.  [FEE.] A county that is a metropolitan 
  8.14  county under section 473.121, subdivision 4, has allowed 
  8.15  exclusive agricultural zones to be created under this chapter, 
  8.16  or has elected to become an agricultural land preservation pilot 
  8.17  county, shall impose an additional fee of $5 per transaction on 
  8.18  the recording or registration of a mortgage subject to the tax 
  8.19  under section 287.05 and an additional $5 on the recording or 
  8.20  registration of a deed subject to the tax under section 287.21.  
  8.21  One-half of the fee must be deposited in a special conservation 
  8.22  account to be created in the county general revenue fund and 
  8.23  one-half must be transferred to the commissioner of revenue for 
  8.24  deposit in the state treasury and credited to the Minnesota 
  8.25  conservation fund pursuant to section 40A.151, subdivision 1. 
  8.26     [EFFECTIVE DATE.] This section is effective July 1, 2002, 
  8.27  and thereafter. 
  8.28     Sec. 13.  Minnesota Statutes 2000, section 40A.152, 
  8.29  subdivision 3, is amended to read: 
  8.30     Subd. 3.  [TRANSFER TO STATE FUND.] Money in the county 
  8.31  conservation account that is not encumbered by the county within 
  8.32  one year of deposit in the account must be transferred to the 
  8.33  commissioner of revenue for deposit in the Minnesota 
  8.34  conservation fund state treasury pursuant to section 40A.151, 
  8.35  subdivision 1. 
  8.36     Sec. 14.  Minnesota Statutes 2000, section 43A.18, 
  9.1   subdivision 4, is amended to read: 
  9.2      Subd. 4.  [PLANS NOT ESTABLISHED BUT APPROVED BY 
  9.3   COMMISSIONER.] (a) Notwithstanding any other law to the 
  9.4   contrary, terms and conditions of employment for employees 
  9.5   listed in this subdivision must be set by appointing authorities 
  9.6   within the limits of compensation plans that have been approved 
  9.7   by the commissioner before becoming effective.  Compensation 
  9.8   plans established under paragraph (c) must be reviewed and 
  9.9   approved, modified, or rejected by the legislature and the 
  9.10  legislative coordinating commission under section 3.855, 
  9.11  subdivisions 2 and 3, before becoming effective. 
  9.12     (b) Total compensation for employees who are not covered by 
  9.13  a collective bargaining agreement in the offices of the 
  9.14  governor, lieutenant governor, attorney general, secretary of 
  9.15  state, and state auditor, and state treasurer must be determined 
  9.16  by the governor, lieutenant governor, attorney general, 
  9.17  secretary of state, and state auditor, and state treasurer, 
  9.18  respectively.  
  9.19     (c) Total compensation for unclassified positions not 
  9.20  covered by a collective bargaining agreement in the higher 
  9.21  education services office must be determined by the higher 
  9.22  education services office. 
  9.23     Sec. 15.  [43A.183] [PAYMENT OF SALARY DIFFERENTIAL FOR 
  9.24  RESERVE FORCES ORDERED TO ACTIVE SERVICE.] 
  9.25     (a) Each agency head shall pay to each eligible member of 
  9.26  the national guard or other reserve component of the armed 
  9.27  forces of the United States an amount equal to the difference 
  9.28  between the member's basic active duty military salary and the 
  9.29  salary the member would be paid as an active state employee, 
  9.30  including any adjustments the member would have received if not 
  9.31  on leave of absence.  This payment may be made only to a person 
  9.32  whose basic active duty military salary is less than the salary 
  9.33  the person would be paid as an active state employee.  Payments 
  9.34  must be made at the intervals at which the member received pay 
  9.35  as a state employee.  Back pay authorized by this section may be 
  9.36  paid in a lump sum.  Payment under this section must not extend 
 10.1   beyond four years from the date the employee was ordered to 
 10.2   active service, plus any additional time the employee may be 
 10.3   legally required to serve. 
 10.4      (b) An eligible member of the reserve components of the 
 10.5   armed forces of the United States is a reservist or national 
 10.6   guard member who was an employee of the state of Minnesota at 
 10.7   the time the member was ordered to active service on or after 
 10.8   September 11, 2001. 
 10.9      (c) For the purposes of this section, an employee of the 
 10.10  state is an employee of the executive, judicial, or legislative 
 10.11  branch of state government or an employee of the Minnesota state 
 10.12  retirement system, the public employee retirement association, 
 10.13  or the teachers retirement association. 
 10.14     (d) For purposes of this section, the term "active service" 
 10.15  has the meaning given in section 190.05, subdivision 5, but 
 10.16  excludes service performed exclusively for purposes of: 
 10.17     (1) basic combat training, advanced individual training, 
 10.18  annual training, and periodic inactive duty training; 
 10.19     (2) special training periodically made available to reserve 
 10.20  members; and 
 10.21     (3) service performed in accordance with section 190.08, 
 10.22  subdivision 3. 
 10.23     (e) The commissioner of employee relations and the 
 10.24  commissioner of finance shall adopt procedures required to 
 10.25  implement this section.  The procedures are exempt from chapter 
 10.26  14. 
 10.27     (f) This section is repealed June 30, 2006. 
 10.28     Sec. 16.  Minnesota Statutes 2000, section 168A.40, 
 10.29  subdivision 4, as amended by Laws 2002, chapter 220, article 7, 
 10.30  section 9, is amended to read: 
 10.31     Subd. 4.  [AUTOMOBILE THEFT PREVENTION ACCOUNT.] A special 
 10.32  revenue account is created in the state treasury to be credited 
 10.33  with the proceeds of the surcharge imposed under subdivision 3.  
 10.34  Of the revenue in the account, $1,300,000 $3,000,000 each year 
 10.35  must be transferred to the general fund.  Revenues in excess of 
 10.36  $1,300,000 $3,000,000 each year may be used only for the 
 11.1   automobile theft prevention program described in section 299A.75.
 11.2      Sec. 17.  Minnesota Statutes 2000, section 204B.11, 
 11.3   subdivision 1, is amended to read: 
 11.4      Subdivision 1.  [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 
 11.5   Except as provided by subdivision 2, a filing fee shall be paid 
 11.6   by each candidate who files an affidavit of candidacy.  The fee 
 11.7   shall be paid at the time the affidavit is filed.  The amount of 
 11.8   the filing fee shall vary with the office sought as follows: 
 11.9      (a) for the office of governor, lieutenant governor, 
 11.10  attorney general, state auditor, state treasurer, secretary of 
 11.11  state, representative in Congress, judge of the supreme court, 
 11.12  judge of the court of appeals, or judge of the district court, 
 11.13  $300; 
 11.14     (b) for the office of senator in Congress, $400; 
 11.15     (c) for office of senator or representative in the 
 11.16  legislature, $100; 
 11.17     (d) for a county office, $50; and 
 11.18     (e) for the office of soil and water conservation district 
 11.19  supervisor, $20. 
 11.20     For the office of presidential elector, and for those 
 11.21  offices for which no compensation is provided, no filing fee is 
 11.22  required. 
 11.23     The filing fees received by the county auditor shall 
 11.24  immediately be paid to the county treasurer.  The filing fees 
 11.25  received by the secretary of state shall immediately be paid to 
 11.26  the state treasurer. 
 11.27     When an affidavit of candidacy has been filed with the 
 11.28  appropriate filing officer and the requisite filing fee has been 
 11.29  paid, the filing fee shall not be refunded.  If a candidate's 
 11.30  filing fee is paid with a check, draft, or similar negotiable 
 11.31  instrument for which sufficient funds are not available or that 
 11.32  is dishonored, notice to the candidate of the worthless 
 11.33  instrument must be sent by the filing officer via registered 
 11.34  mail no later than immediately upon the closing of the filing 
 11.35  deadline with return receipt requested.  The candidate will have 
 11.36  five days from the time the filing officer receives proof of 
 12.1   receipt to issue a check or other instrument for which 
 12.2   sufficient funds are available.  The candidate issuing the 
 12.3   worthless instrument is liable for a service charge pursuant to 
 12.4   section 332.50.  If adequate payment is not made, the name of 
 12.5   the candidate must not appear on any official ballot and the 
 12.6   candidate is liable for all costs incurred by election officials 
 12.7   in removing the name from the ballot. 
 12.8      Sec. 18.  Minnesota Statutes 2000, section 204D.10, 
 12.9   subdivision 2, is amended to read: 
 12.10     Subd. 2.  [PARTY PRIMARY; TEN PERCENT REQUIREMENT.] If at 
 12.11  the state primary any individual seeking a major political 
 12.12  party's nomination for an office receives a number of votes 
 12.13  equal to ten percent of the average of the votes cast at the 
 12.14  last state general election for state officers of that major 
 12.15  political party within the district for which the office is 
 12.16  voted, then all candidates of that major political party who 
 12.17  receive the highest vote for an office are the nominees of that 
 12.18  major political party.  If none of the candidates of a major 
 12.19  political party receive the required ten percent, then no 
 12.20  candidates are nominated, and all the candidates of that major 
 12.21  political party may be nominated by nominating petition as 
 12.22  provided in sections 204B.07 to 204B.09.  For the purposes of 
 12.23  this subdivision, "state officers" mean the governor, lieutenant 
 12.24  governor, secretary of state, state auditor, state treasurer, 
 12.25  and attorney general. 
 12.26     Sec. 19.  Minnesota Statutes 2000, section 209.01, 
 12.27  subdivision 2, is amended to read: 
 12.28     Subd. 2.  [STATEWIDE OFFICE.] For purposes of this chapter 
 12.29  "statewide office" means the office of governor, lieutenant 
 12.30  governor, attorney general, state auditor, state treasurer, 
 12.31  secretary of state, chief justice or associate justice of the 
 12.32  supreme court, judge of the court of appeals, United States 
 12.33  senator, or presidential elector. 
 12.34     Sec. 20.  Minnesota Statutes 2000, section 240A.08, is 
 12.35  amended to read: 
 12.36     240A.08 [APPROPRIATION.] 
 13.1      (a) $750,000 $250,000 is appropriated annually from the 
 13.2   general fund to the Minnesota amateur sports commission for the 
 13.3   purpose of entering into long-term leases, use, or other 
 13.4   agreements with the metropolitan sports facilities commission 
 13.5   for the conduct of amateur sports activities at the basketball 
 13.6   and hockey arena, consistent with the purposes set forth in this 
 13.7   chapter, including (1) stimulating and promoting amateur sports, 
 13.8   (2) promoting physical fitness by promoting participation in 
 13.9   sports, (3) promoting the development of recreational amateur 
 13.10  sport opportunities and activities, and (4) promoting local, 
 13.11  regional, national, and international amateur sport competitions 
 13.12  and events.  The amateur sports commission shall determine what 
 13.13  constitutes amateur sports activities as provided in this 
 13.14  chapter as of March 1, 1995.  The metropolitan sports facilities 
 13.15  commission may allocate at least 25 but no more than 50 dates a 
 13.16  year for the conduct of amateur sports activities at the 
 13.17  basketball and hockey arena by the amateur sports commission.  
 13.18  At least 12 of the dates must be on a Friday, Saturday, or 
 13.19  Sunday.  The amateur sports commission may sell a date at the 
 13.20  arena to another group for any purpose.  Revenue from sale of 
 13.21  these dates is appropriated to the amateur sports commission for 
 13.22  purposes listed in section 240A.04.  If any amateur sports 
 13.23  activities conducted by the amateur sports commission at the 
 13.24  basketball and hockey arena are restricted to participants of 
 13.25  one gender, an equal number of activities on comparable days of 
 13.26  the week must be conducted for participants of the other gender, 
 13.27  but not necessarily in the same year.  The legislature reserves 
 13.28  the right to repeal or amend this appropriation, and does not 
 13.29  intend this appropriation to create public debt. 
 13.30     (b) The amateur sports commission shall not transmit to the 
 13.31  operator of the basketball and hockey arena payment of any 
 13.32  event-related costs or expenses, including, but not limited to, 
 13.33  personnel, labor, services, equipment, utilities, or supplies 
 13.34  attributable to the events unless and until the operator has 
 13.35  demonstrated, to the satisfaction of the amateur sports 
 13.36  commission, the basis for each specific cost or expense and the 
 14.1   means by which the costs and expenses were determined. 
 14.2      (c) The amateur sports commission may use any ticket system 
 14.3   as may be in place from time to time at the basketball and 
 14.4   hockey arena, provided that any royalty or rebate fees or 
 14.5   charges or surcharges on tickets received by the operator of the 
 14.6   arena from third parties must be credited against event-related 
 14.7   costs or expenses. 
 14.8      (d) In the establishment of event-related costs to be 
 14.9   imposed upon the amateur sports commission, the operator of the 
 14.10  basketball and hockey arena shall provide the amateur sports 
 14.11  commission with the maximum discount that the operator has 
 14.12  supplied to any other sponsor of a similar amateur sports event 
 14.13  in the arena within the 180-day period immediately preceding the 
 14.14  date of the amateur sports commission event. 
 14.15     (e) The amateur sports commission must report by August 1 
 14.16  each year to the chairs of the house and senate state government 
 14.17  finance divisions on compliance with this section and on the 
 14.18  total value of dates and ancillary services, and revenue derived 
 14.19  from resale of dates, during the previous state fiscal year. 
 14.20     (f) The attorney general, on behalf of the amateur sports 
 14.21  commission, must pursue collection of monetary damages from the 
 14.22  operator of the arena if the operator fails to comply with the 
 14.23  requirements of this section. 
 14.24     (g) The books, records, documents, accounting procedures, 
 14.25  and practices of the metropolitan sports facilities commission, 
 14.26  the Minneapolis community development agency, and any 
 14.27  corporation with which the Minnesota amateur sports commission 
 14.28  may contract for use of the basketball and hockey arena are 
 14.29  available for review by the Minnesota amateur sports commission, 
 14.30  the legislative auditor, and the chairs of the state government 
 14.31  finance divisions of the senate and the house of 
 14.32  representatives, subject to chapter 13 and section 473.598, 
 14.33  subdivision 4. 
 14.34     Sec. 21.  Minnesota Statutes 2000, section 471.975, is 
 14.35  amended to read: 
 14.36     471.975 [PAYMENT OF SALARY DIFFERENTIAL FOR RESERVE FORCES 
 15.1   ON ACTIVE DUTY ORDERED TO ACTIVE SERVICE.] 
 15.2      (a) A statutory or home rule charter city, county, town, 
 15.3   school district, or other political subdivision may pay to each 
 15.4   eligible member of the national guard or other reserve 
 15.5   components component of the armed forces of the United States an 
 15.6   amount equal to the difference between the member's basic active 
 15.7   duty military salary and the salary the member would be paid as 
 15.8   an active political subdivision employee, including any 
 15.9   adjustments the member would have received if not on leave of 
 15.10  absence.  This payment may be made only to a person whose basic 
 15.11  active duty military salary is less than the salary the person 
 15.12  would be paid as an active political subdivision employee.  
 15.13  Payments must be made at the intervals at which the member 
 15.14  received pay as a political subdivision employee.  Back pay 
 15.15  authorized by this section may be paid in a lump sum.  Such pay 
 15.16  shall Payment under this section must not extend beyond four 
 15.17  years from the date the employee was called ordered to active 
 15.18  duty service, plus such any additional time in each case as 
 15.19  such the employee may be legally required to serve pursuant to 
 15.20  law. 
 15.21     (b) An eligible member of the reserve components of the 
 15.22  armed forces of the United States is a reservist or national 
 15.23  guard member who was an employee of a political subdivision at 
 15.24  the time the member was called ordered to active duty and who 
 15.25  was or is called to active duty service on or after August 1, 
 15.26  1990, because of Operation Desert Shield, Operation Desert 
 15.27  Storm, or any other action taken by the armed forces relating to 
 15.28  hostilities between the United States and the Republic of 
 15.29  Iraq September 11, 2001.  
 15.30     (c) For purposes of this section, the term "active service" 
 15.31  has the meaning given in section 190.05, subdivision 5, but 
 15.32  excludes service performed exclusively for purposes of: 
 15.33     (1) basic combat training, advanced individual training, 
 15.34  annual training, and periodic inactive duty training; 
 15.35     (2) special training periodically made available to reserve 
 15.36  members; and 
 16.1      (3) service performed in accordance with section 190.08, 
 16.2   subdivision 3.  
 16.3      Sec. 22.  Laws 2001, First Special Session chapter 10, 
 16.4   article 1, section 2, subdivision 4, is amended to read: 
 16.5   Subd. 4.  Legislative 
 16.6   Coordinating Commission               10,215,000     10,068,000
 16.7                 Summary by Fund
 16.8   General              10,065,000     9,918,000
 16.9   Health Care Access      150,000       150,000
 16.10  Effective January 6, 2003, the salaries 
 16.11  of other constitutional officers are 
 16.12  set at the following percentages of the 
 16.13  salary of the governor:  
 16.14  attorney general - 95 percent; 
 16.15  state auditor - 85 percent; 
 16.16  secretary of state - 75 percent; 
 16.17  lieutenant governor - 65 percent. 
 16.18  The compensation council recommendation 
 16.19  of 2001 for legislators and 
 16.20  constitutional officers may not take 
 16.21  effect. 
 16.22  $6,420,000 the first year and 
 16.23  $6,535,000 the second year are for the 
 16.24  office of the revisor of statutes. 
 16.25  $1,242,000 the first year and 
 16.26  $1,273,000 the second year are for the 
 16.27  legislative reference library. 
 16.28  $5,505,000 the first year and 
 16.29  $5,469,000 the second year are for the 
 16.30  office of the legislative auditor and 
 16.31  legislative audit commission. 
 16.32  The legislative work group on 
 16.33  television coverage consists of two 
 16.34  members of the senate appointed by the 
 16.35  subcommittee on committees of the 
 16.36  committee on rules and administration, 
 16.37  two members of the house of 
 16.38  representatives appointed by the 
 16.39  speaker, and two members representing 
 16.40  the Minnesota public television 
 16.41  association appointed by the 
 16.42  association.  In an effort to take full 
 16.43  advantage of the new digital technology 
 16.44  and interconnection system to be 
 16.45  constructed by public television, the 
 16.46  work group must examine the best 
 16.47  management structure and distribution 
 16.48  format to provide gavel-to-gavel 
 16.49  coverage of house and senate sessions 
 16.50  and other legislative hearings of 
 16.51  public importance.  The group must make 
 16.52  specific recommendations regarding the 
 16.53  consolidation of television services 
 16.54  now being provided by the house and 
 17.1   senate, including the advisability and 
 17.2   practicality of having that coverage 
 17.3   provided by public television.  The 
 17.4   group must provide an interim report to 
 17.5   the legislature by February 1, 2002, 
 17.6   and submit a final report, including 
 17.7   budget recommendations, by January 10, 
 17.8   2003. 
 17.9   The legislative coordinating 
 17.10  commission, or a joint subcommittee 
 17.11  appointed by the commission for that 
 17.12  purpose, must investigate ways in which 
 17.13  the public information offices of the 
 17.14  senate and the house of representatives 
 17.15  might reduce costs and increase public 
 17.16  awareness by consolidating some or all 
 17.17  of their services, including, at a 
 17.18  minimum, the publication of a single 
 17.19  schedule for house and senate committee 
 17.20  meetings.  The commission must report 
 17.21  its findings and recommendations to the 
 17.22  legislature by February 1, 2002. 
 17.23  During the interim between the 2001 and 
 17.24  2002 legislative sessions, legislative 
 17.25  appointing authorities may work with 
 17.26  the department of employee relations to 
 17.27  place legislative staff on temporary 
 17.28  assignments in state agencies.  The 
 17.29  legislature is responsible for salary 
 17.30  and benefits of employees who choose 
 17.31  these temporary assignments.  Work 
 17.32  assignments and hours must be 
 17.33  negotiated by legislative appointing 
 17.34  authorities and the state agencies 
 17.35  getting interim use of legislative 
 17.36  staff.  Refusal of a commissioner to 
 17.37  find a suitable work assignment for 
 17.38  interested and qualified legislative 
 17.39  staff must be reported to the budget 
 17.40  committee chairs of the house and 
 17.41  senate that have jurisdiction over that 
 17.42  agency's budget. 
 17.43     Sec. 23.  Laws 2002, chapter 220, article 10, section 2, is 
 17.44  amended to read: 
 17.45  Sec. 2.  LEGISLATURE          
 17.46  Subdivision 1.  Total           
 17.47  Appropriation                              -0-       (2,245,000)
 17.48                                                       (6,894,000)
 17.49  Subd. 2.  Senate             
 17.50         -0-           (688,000)
 17.51                     (2,323,000)
 17.52  Subd. 3.  House of Representatives 
 17.53         -0-           (910,000)
 17.54                     (3,032,000)
 17.55  Subd. 4.  Legislative Coordinating Commission 
 17.56         -0-           (647,000)
 18.1                      (1,539,000)
 18.2   $164,000 $547,000 is a reduction for 
 18.3   the office of the legislative auditor. 
 18.4      Sec. 24.  Laws 2002, chapter 220, article 10, section 3, is 
 18.5   amended to read: 
 18.6   Sec. 3.  SECRETARY OF
 18.7   STATE                                      -0-         (199,000)
 18.8                                                          (374,000)
 18.9   Budget reductions shall not come from 
 18.10  revenue producing programs or elections.
 18.11     Sec. 25.  Laws 2002, chapter 220, article 10, section 7, is 
 18.12  amended to read: 
 18.13  Sec. 7.  ATTORNEY GENERAL                  -0-         (900,000)
 18.14                                                       (1,370,000)
 18.15  The attorney general, in consultation 
 18.16  with the affected agencies, shall 
 18.17  prepare a plan for ending partnership 
 18.18  agreements with agencies and shall 
 18.19  submit the plan to the legislature by 
 18.20  November 15, 2002. 
 18.21     Sec. 26.  Laws 2002, chapter 220, article 10, section 10, 
 18.22  subdivision 3, is amended to read: 
 18.23  Subd. 3.  Office of Technology 
 18.24             -0-           (774,000) (974,000)
 18.25  The base funding for the 2004-2005 
 18.26  biennium is $4,622,000 in 2004 and 
 18.27  $2,442,000 in 2005. 
 18.28     Sec. 27.  Laws 2002, chapter 220, article 10, section 15, 
 18.29  is amended to read: 
 18.30  Sec. 15. MINNESOTA HUMANITIES
 18.31  COMMISSION                               -0-            (41,000)
 18.32                                                         (250,000)
 18.33     Sec. 28.  Laws 2002, chapter 220, article 10, section 16, 
 18.34  is amended to read: 
 18.35  Sec. 16. BOARD OF THE ARTS 
 18.36  Subdivision 1.  Total
 18.37  Appropriation                            -0-           (526,000) 
 18.38                                                         (915,000)
 18.39  Subd. 2.  Operations and Services 
 18.40             -0-            (43,000) (74,000)
 18.41  Subd. 3.  Grants Programs    
 18.42             -0-           (342,000) (595,000)
 19.1   Subd. 4.  Regional Arts Councils 
 19.2              -0-           (141,000) (246,000)
 19.3      Sec. 29.  Laws 2002, chapter 220, article 10, section 36, 
 19.4   is amended to read: 
 19.5      Sec. 36.  [REDUCTION IN CONTRACT EXPENDITURES.] 
 19.6      During the biennium ending June 30, 2003, the governor must 
 19.7   reduce planned executive branch state agency general fund 
 19.8   expenditures on contracts for professional or technical services 
 19.9   by at least $35,000,000.  The governor must allocate this 
 19.10  reduction among executive branch state agencies.  (a) The 
 19.11  legislature anticipates that application of this section and 
 19.12  section 36 to executive branch state agencies and to the 
 19.13  Minnesota state colleges and universities will result in savings 
 19.14  to the general fund of $45,000,000 by June 30, 2003.  If the 
 19.15  governor determines that application of this section and section 
 19.16  36 will not result in $45,000,000 in savings to the general fund 
 19.17  by June 30, 2003, the governor must make proportional reductions 
 19.18  in executive branch state agency operating budgets necessary to 
 19.19  achieve those savings.  For purposes of this section and section 
 19.20  36, "professional or technical services" has the meaning given 
 19.21  in Minnesota Statutes, section 16C.08, subdivision 1; and 
 19.22  "executive branch state agency" has the meaning given in 
 19.23  Minnesota Statutes, section 16A.011, subdivision 12a, and 
 19.24  includes the Minnesota state colleges and universities.  The 
 19.25  base for these reductions is the amount allocated for 
 19.26  professional or technical service contracts in agency spending 
 19.27  plans as of January 1, 2002. 
 19.28     (b) Notwithstanding any law to the contrary, savings in 
 19.29  funds other than the general fund resulting from implementation 
 19.30  of this section and section 36 may be transferred to the general 
 19.31  fund. 
 19.32     Sec. 30.  Laws 2002, chapter 220, article 10, section 37, 
 19.33  is amended to read: 
 19.34     Sec. 37.  [MORATORIUM ON CONSULTANT CONTRACTS.] 
 19.35     (a) An entity in the executive branch of state government, 
 19.36  including the Minnesota state colleges and universities, may not 
 20.1   enter into a new contract or renew an existing contract for 
 20.2   professional or technical services after the effective date of 
 20.3   this section and before July 1, 2003.  This section does not 
 20.4   apply to a contract: 
 20.5      (1) that relates to a threat to public health, welfare, or 
 20.6   safety that threatens the functioning of government, the 
 20.7   protection of property, or the health or safety of people; or 
 20.8      (2) that is necessary to avoid a disruption of essential 
 20.9   state functions or that is necessary to avoid a legal liability; 
 20.10     (3) that is paid for entirely with funds from the trunk 
 20.11  highway fund, county state-aid highway fund, or municipal 
 20.12  state-aid street fund, and that is directly related to a 
 20.13  specific highway or street project; or 
 20.14     (4) that is paid for entirely with federal funds received 
 20.15  before the effective date of this section or the cost of which 
 20.16  is entirely recovered from nonstate entities.  
 20.17     (b) An entity in the executive branch may apply for a 
 20.18  waiver of the moratorium by sending a letter with reasons for 
 20.19  the request to the commissioner of administration for executive 
 20.20  branch entities.  Upon a finding that a consultant contract is 
 20.21  necessary, the commissioner governor may grant a waiver.  The 
 20.22  decision of the commissioner is final and not subject to 
 20.23  appeal.  A monthly report of all waivers granted must be 
 20.24  filed by the entity granting the waiver.  The report must be 
 20.25  published on the entity's a state Web site, and copies must be 
 20.26  provided to the chairs of the house ways and means and senate 
 20.27  finance committees and to the legislative reference library.  
 20.28     Sec. 31.  Laws 2002, chapter 220, article 10, section 38, 
 20.29  is amended to read: 
 20.30     Sec. 38.  [HIRING FREEZE.] 
 20.31     Subdivision 1.  [APPLICATION OF FREEZE.] A state employer 
 20.32  may not hire any permanent or temporary employees before July 1, 
 20.33  2003.  For purposes of this section, "state employer" means 
 20.34  state elected officials, departments, boards, agencies, 
 20.35  commissions, offices, and other hiring entities in the executive 
 20.36  and legislative branches of state government, as those branches 
 21.1   are defined in Minnesota Statutes, section 43A.02. 
 21.2      "State employer" does not include the Minnesota state 
 21.3   colleges and universities. 
 21.4      Subd. 2.  [EXCEPTIONS.] Subdivision 1 does not apply to: 
 21.5      (1) a student in a work-study position worker; or 
 21.6      (2) a position that is paid for entirely with federal 
 21.7   funds, or the cost of which is entirely recovered from nonstate 
 21.8   entities; or 
 21.9      (3) a position that is necessary to perform essential 
 21.10  government services. 
 21.11     A determination under clause (2) must be made by the 
 21.12  speaker of the house of representatives with respect to house 
 21.13  employees, the chair of the committee on rules and 
 21.14  administration with respect to senate employees, and the 
 21.15  legislative coordinating commission with respect to its 
 21.16  employees, by a constitutional officer with respect to employees 
 21.17  of the constitutional office, and by the governor with respect 
 21.18  to any other employee covered by this section.  Exceptions 
 21.19  granted under clause (2) must be reported monthly by the entity 
 21.20  granting the exception.  The reports must be published on the 
 21.21  entity's Web site for each respective entity, and copies must be 
 21.22  provided to the chairs of the house ways and means and senate 
 21.23  finance committees and to the legislative reference library.  
 21.24     Subd. 3.  [ANTICIPATED SAVINGS.] The legislature 
 21.25  anticipates that application of this section to executive branch 
 21.26  agencies and to the Minnesota state colleges and universities 
 21.27  will result in savings to the general fund of 
 21.28  $40,000,000 $50,000,000 by June 30, 2003.  If the governor 
 21.29  determines that application of this section will not result 
 21.30  in $40,000,000 $50,000,000 in savings to the general fund by 
 21.31  June 30, 2003, the governor must make proportional reductions in 
 21.32  executive agency operating budgets necessary to achieve these 
 21.33  savings. 
 21.34     Subd. 4.  [TRANSFERS TO THE GENERAL FUND.] Notwithstanding 
 21.35  any law to the contrary, savings in funds other than the general 
 21.36  fund resulting from implementation of this section may be 
 22.1   transferred to the general fund. 
 22.2   Sec. 32.  LEGISLATURE
 22.3   Subdivision 1.  Senate
 22.4   Carryforward
 22.5            -0-       (1,035,000)
 22.6   The amount above of onetime 
 22.7   appropriations available to the senate 
 22.8   pursuant to Minnesota Statutes, section 
 22.9   16A.281, is canceled to the general 
 22.10  fund effective July 1, 2002. 
 22.11  Subd. 2.  House of Representatives
 22.12  Carryforward
 22.13           -0-       (2,890,000)
 22.14  The amount above of onetime 
 22.15  appropriations available to the house 
 22.16  of representatives pursuant to 
 22.17  Minnesota Statutes, section 16A.281, is 
 22.18  canceled to the general fund effective 
 22.19  July 1, 2002. 
 22.20  Subd. 3.  Legislative Coordinating
 22.21  Commission Carryforward
 22.22           -0-       (2,298,000)
 22.23  The amount above of onetime 
 22.24  appropriations available to the 
 22.25  legislative coordinating commission and 
 22.26  associated legislative committees and 
 22.27  offices pursuant to Minnesota Statutes, 
 22.28  section 16A.281, is canceled to the 
 22.29  general fund effective July 1, 2002. 
 22.30  Sec. 33.  ADMINISTRATION
 22.31  $2,000,000 of the balance in the State 
 22.32  Building Code account in the state 
 22.33  government special revenue fund as of 
 22.34  July 1, 2002, is canceled to the 
 22.35  general fund. 
 22.36     Sec. 34.  [ASSIGNMENT OF AGENCIES.] 
 22.37     Subdivision 1.  [SECRETARY OF ADMINISTRATION.] The 
 22.38  following agencies report to the secretary of administration:  
 22.39  department of administration, office of administrative hearings, 
 22.40  department of employee relations, capitol area architectural and 
 22.41  planning board, designer selection board, and Minnesota planning.
 22.42     Subd. 2.  [SECRETARY OF COMMERCE AND TRADE.] The following 
 22.43  agencies report to the secretary of commerce and trade:  
 22.44  department of agriculture, rural finance agency, department of 
 22.45  trade and economic development, department of commerce, 
 22.46  department of labor and industry, Minnesota Technology, Inc., 
 22.47  public utilities commission, department of economic security, 
 23.1   animal health board, state agricultural society, state 
 23.2   horticultural society, Minnesota film board, iron range 
 23.3   resources and rehabilitation board, and all non-health-related 
 23.4   licensing boards not otherwise assigned by this section. 
 23.5      Subd. 3.  [SECRETARY OF EDUCATION.] The following agencies 
 23.6   report to the secretary of education:  state arts board; center 
 23.7   for arts education; department of children, families, and 
 23.8   learning; Minnesota state colleges and universities; higher 
 23.9   education facilities authority; higher education services 
 23.10  office; state historical society; humanities commission; 
 23.11  Minnesota academy of science; and Minnesota zoological garden. 
 23.12     Subd. 4.  [SECRETARY OF FINANCE.] The following agencies 
 23.13  report to the secretary of finance:  campaign finance and public 
 23.14  disclosure board, department of finance, department of revenue, 
 23.15  and housing finance agency. 
 23.16     Subd. 5.  [SECRETARY OF HEALTH AND HUMAN RESOURCES.] The 
 23.17  following agencies report to the secretary of health and human 
 23.18  resources:  board on aging, council on Asian-Pacific 
 23.19  Minnesotans, council on Black Minnesotans, Indian affairs 
 23.20  council, council on affairs of Chicano/Latino people, Minnesota 
 23.21  amateur sports commission, state council on disability, health 
 23.22  care commission, department of health, department of human 
 23.23  services, department of human rights, ombudsman for mental 
 23.24  health and mental retardation, department of veterans affairs, 
 23.25  veterans homes board, and all health-related licensing boards 
 23.26  not otherwise assigned by this section. 
 23.27     Subd. 6.  [SECRETARY OF NATURAL RESOURCES.] The following 
 23.28  agencies report to the secretary of natural resources:  office 
 23.29  of state archaeologist, Minnesota-Wisconsin boundary area 
 23.30  commission, office of environmental assistance, environmental 
 23.31  quality board, pollution control agency, board of water and soil 
 23.32  resources, and the department of natural resources. 
 23.33     Subd. 7.  [SECRETARY OF PUBLIC SAFETY.] The following 
 23.34  agencies report to the secretary of public safety:  department 
 23.35  of public safety, department of military affairs, department of 
 23.36  corrections, ombudsman for corrections, lawful gambling board, 
 24.1   Minnesota lottery, racing commission, sentencing guidelines 
 24.2   commission, peace officer standards and training board, and 
 24.3   private detective and protective agent board. 
 24.4      Subd. 8.  [SECRETARY OF TRANSPORTATION.] The following 
 24.5   agencies report to the secretary of transportation:  department 
 24.6   of transportation, metropolitan airports commission, and 
 24.7   metropolitan council. 
 24.8      Subd. 9.  [OTHER AGENCIES.] The governor must assign an 
 24.9   executive branch agency to the jurisdiction of a secretary if 
 24.10  this section does not make this assignment.  This subdivision 
 24.11  does not apply to an executive agency created in the 
 24.12  constitution. 
 24.13     Sec. 35.  [IMPLEMENTATION.] 
 24.14     (a) Within 30 days of the effective date of this section, a 
 24.15  task force shall convene to plan the implementation of sections 
 24.16  7, 8, and 34.  The governor shall appoint at least four, but no 
 24.17  more than six, heads of state agencies to serve on the task 
 24.18  force.  The speaker of the house of representatives shall 
 24.19  appoint one member of the majority caucus and the minority 
 24.20  leader shall appoint a member of the minority caucus.  The 
 24.21  senate majority leader shall appoint a member of the majority 
 24.22  caucus and the minority leader shall appoint a member of the 
 24.23  minority caucus.  If there is more than one minority caucus in 
 24.24  either body, only the larger or largest minority caucus shall 
 24.25  appoint a member to the task force.  
 24.26     (b) In planning the implementation of sections 7, 8, and 
 24.27  34, the task force shall address at least the following issues: 
 24.28     (1) any reorganization of state agencies or reassignment of 
 24.29  agency functions that might be necessary or desirable; and 
 24.30     (2) any changes in the appointment, confirmation, and 
 24.31  titles of agency heads that might be necessary or desirable. 
 24.32     (c) The task force shall report to the governor and the 
 24.33  legislature by January 15, 2003.  Its report must include a 
 24.34  report on the progress of any reorganization that has been 
 24.35  identified as necessary or desirable and shall recommend any 
 24.36  legislation that might be necessary for further reorganization 
 25.1   and for implementation of sections 7, 8, and 34.  Also, by 
 25.2   January 15, 2003, the governor's office must submit to the 
 25.3   legislature drafts of any executive orders the governor plans to 
 25.4   issue to implement any reorganization that has been identified 
 25.5   as necessary or desirable. 
 25.6      (d) As a result of efficiencies achieved through the 
 25.7   realignment of agency authority and accountability in sections 
 25.8   7, 8, and 34, the governor shall reduce managerial, supervisory, 
 25.9   and other positions in executive branch agencies.  In 
 25.10  accomplishing these reductions, the governor shall eliminate 
 25.11  certain commissioner and deputy commissioner positions and shall 
 25.12  consolidate support services, such as management information 
 25.13  systems, public information, government relations, research, 
 25.14  human resources, procurement, and training and development.  The 
 25.15  legislature anticipates general fund savings of $2,000,000 in 
 25.16  fiscal year 2003 as a result of these reductions.  These general 
 25.17  fund savings cancel to the general fund. 
 25.18     (e) The governor must not appoint secretaries until January 
 25.19  6, 2003.  Notwithstanding Minnesota Statutes, section 15.001, 
 25.20  the first secretaries appointed on or after January 6, 2003, may 
 25.21  serve in office until the senate refuses to consent to their 
 25.22  appointment. 
 25.23     Sec. 36.  [TRANSFER.] 
 25.24     All statutory powers, responsibilities, and duties of the 
 25.25  constitutional office of state treasurer are transferred to the 
 25.26  statutory office of state treasurer, under Minnesota Statutes, 
 25.27  section 15.039, except as otherwise provided in Laws 1998, 
 25.28  chapter 387, and except that Minnesota Statutes, section 15.039, 
 25.29  subdivision 7, does not apply to the elected state treasurer. 
 25.30     Sec. 37.  [EFFECTIVE DATE; APPLICATION.] 
 25.31     (a) Section 1 is effective the day following final 
 25.32  enactment.  Persons affected by section 1 are no longer elected 
 25.33  officers on the effective date of section 1, but continue as 
 25.34  employees of the house of representatives, subject to Minnesota 
 25.35  Statutes, section 3.07. 
 25.36     (b) The provisions of sections 7, 8, 34, and 35 creating a 
 26.1   task force, and requiring reduction of positions, are effective 
 26.2   the day following final enactment.  The remaining provisions of 
 26.3   sections 7, 8, 34, and 35 are effective January 6, 2003. 
 26.4      (c) Sections 15 and 21 are effective the day following 
 26.5   final enactment and apply retroactively to the date an employee 
 26.6   was ordered to active service on or after September 11, 2001. 
 26.7      (d) Sections 16, 20, and 22 to 33 are effective the day 
 26.8   following final enactment. 
 26.9      (e) Sections 2, 3, 4, 5, 14, 17, 18, and 19 are effective 
 26.10  January 6, 2003.