Minnesota Legislature
SF 739
1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/06/2012 02:27pm
Current Version - 1st Engrossment
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A bill for an act
relating to state government; reducing the number of deputy commissioners
and eliminating assistant commissioner positions in the unclassified service;
estimating reduction to general fund costs; amending Minnesota Statutes 2010,
sections 15.057; 15.06, subdivision 8; 16B.03; 43A.08, subdivision 1; 45.013;
84.01, subdivision 3; 116.03, subdivision 1; 116J.01, subdivision 5; 116J.035,
subdivision 4; 174.02, subdivision 2; 241.01, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 15.057, is amended to read:
15.057 PUBLICITY REPRESENTATIVESnew text begin AND LEGISLATIVE LIAISONSnew text end .
new text begin Subdivision 1. new text end
new text begin Public representation. new text end
No state department, bureau, or division,
whether the same operates on funds appropriated or receipts or fees of any nature
whatsoever, except the Department of Transportation, the Department of Employment
and Economic Development, the Game and Fish Division, State Agricultural Society, and
Explore Minnesota Tourism shall use any of such funds for the payment of the salary or
expenses of a publicity representative. The head of any such department, bureau, or
division shall be personally liable for funds used contrary to this provision. This deleted text begin sectiondeleted text end new text begin
subdivision new text end shall not be construed, however, as preventing any such department, bureau,
or division from sending out any bulletins or other publicity required by any state law or
necessary for the satisfactory conduct of the business for which such department, bureau,
or division was created.
new text begin Subd. 2. new text end
new text begin Legislative liaisons. new text end
new text begin
No state agency may use any money appropriated
to it for the salary or expenses of an individual serving as a liaison for the legislative
affairs of the agency. This subdivision does not prevent any other employee of a state
agency from providing information requested by legislators and providing testimony at
legislative hearings.
new text end
Sec. 2.
Minnesota Statutes 2010, section 15.06, subdivision 8, is amended to read:
Subd. 8.
Number of deputy commissioners.
deleted text begin Unless specifically authorized by
statute, other than section 43A.08, subdivision 2deleted text end new text begin Except for the Department of Veterans
Affairsnew text end , no department or agency specified in subdivision 1 shall have more than one
deputy commissioner. new text begin No department or agency specified in subdivision 1 may employ an
assistant commissioner.new text end
Sec. 3.
Minnesota Statutes 2010, section 16B.03, is amended to read:
16B.03 APPOINTMENTS.
The commissioner is authorized to appoint staff, including deleted text begin twodeleted text end new text begin one new text end deputy
deleted text begin commissionersdeleted text end new text begin commissionernew text end , in accordance with chapter 43A.
Sec. 4.
Minnesota Statutes 2010, section 43A.08, subdivision 1, is amended to read:
Subdivision 1.
Unclassified positions.
Unclassified positions are held by employees
who are:
(1) chosen by election or appointed to fill an elective office;
(2) heads of agencies required by law to be appointed by the governor or other
elective officers, and the executive or administrative heads of departments, bureaus,
divisions, and institutions specifically established by law in the unclassified service;
(3) deputy deleted text begin and assistantdeleted text end agency heads and one confidential secretary in the agencies
listed in deleted text begin subdivision 1a and in the Office of Strategic and Long-Range Planningdeleted text end new text begin section
15.06, subdivision 1new text end ;
(4) the confidential secretary to each of the elective officers of this state and, for the
secretary of state and state auditor, an additional deputy, clerk, or employee;
(5) intermittent help employed by the commissioner of public safety to assist in
the issuance of vehicle licenses;
(6) employees in the offices of the governor and of the lieutenant governor and one
confidential employee for the governor in the Office of the Adjutant General;
(7) employees of the Washington, D.C., office of the state of Minnesota;
(8) employees of the legislature and of legislative committees or commissions;
provided that employees of the Legislative Audit Commission, except for the legislative
auditor, the deputy legislative auditors, and their confidential secretaries, shall be
employees in the classified service;
(9) presidents, vice-presidents, deans, other managers and professionals in
academic and academic support programs, administrative or service faculty, teachers,
research assistants, and student employees eligible under terms of the federal Economic
Opportunity Act work study program in the Perpich Center for Arts Education and the
Minnesota State Colleges and Universities, but not the custodial, clerical, or maintenance
employees, or any professional or managerial employee performing duties in connection
with the business administration of these institutions;
(10) officers and enlisted persons in the National Guard;
(11) attorneys, legal assistants, and three confidential employees appointed by the
attorney general or employed with the attorney general's authorization;
(12) judges and all employees of the judicial branch, referees, receivers, jurors, and
notaries public, except referees and adjusters employed by the Department of Labor
and Industry;
(13) members of the State Patrol; provided that selection and appointment of State
Patrol troopers must be made in accordance with applicable laws governing the classified
service;
(14) examination monitors and intermittent training instructors employed by the
Departments of Management and Budget and Commerce and by professional examining
boards and intermittent staff employed by the technical colleges for the administration of
practical skills tests and for the staging of instructional demonstrations;
(15) student workers;
(16) executive directors or executive secretaries appointed by and reporting to any
policy-making board or commission established by statute;
(17) employees unclassified pursuant to other statutory authority;
(18) intermittent help employed by the commissioner of agriculture to perform
duties relating to pesticides, fertilizer, and seed regulation;
(19) the administrators and the deputy administrators at the State Academies for the
Deaf and the Blind; and
(20) chief executive officers in the Department of Human Services.
Sec. 5.
Minnesota Statutes 2010, section 45.013, is amended to read:
45.013 POWER TO APPOINT STAFF.
The commissioner of commerce may appoint deleted text begin fourdeleted text end new text begin one new text end deputy deleted text begin commissioners, four
assistant commissioners, and an assistant to the commissioner. Those positions, as well as
that ofdeleted text end new text begin and new text end a confidential secretarydeleted text begin , aredeleted text end new text begin in the new text end unclassifiednew text begin servicenew text end . The commissioner may
appoint other employees necessary to carry out the duties and responsibilities entrusted to
the commissioner.
Sec. 6.
Minnesota Statutes 2010, section 84.01, subdivision 3, is amended to read:
Subd. 3.
Employees; delegation.
deleted text begin Subject to the provisions of Laws 1969, chapter
1129, and to other applicable lawsdeleted text end The commissioner shall organize the department and
employ deleted text begin up to three assistant commissioners, each of whom shall serve at the pleasure of
the commissioner in the unclassified service, one of whom shall have responsibility for
coordinating and directing the planning of every division within the agency, and such otherdeleted text end
officers, employees, and agents as the commissioner may deem necessary to discharge the
functions of the department, define the duties of such officers, employees, and agents and
to delegate to them any of the commissioner's powers, duties, and responsibilities subject
to the control of, and under the conditions prescribed by, the commissioner. Appointments
to exercise delegated power shall be by written order filed with the secretary of state.
Sec. 7.
Minnesota Statutes 2010, section 116.03, subdivision 1, is amended to read:
Subdivision 1.
Office.
(a) The office of commissioner of the Pollution Control
Agency is created and is under the supervision and control of the commissioner, who is
appointed by the governor under the provisions of section 15.06.
(b) The commissioner may appoint a deputy commissioner deleted text begin and assistant
commissionersdeleted text end who shall be in the unclassified service.
(c) The commissioner shall make all decisions on behalf of the agency that are not
required to be made by the agency under section 116.02.
Sec. 8.
Minnesota Statutes 2010, section 116J.01, subdivision 5, is amended to read:
Subd. 5.
Departmental organization.
(a) The commissioner shall organize the
department as provided in section 15.06.
(b) The commissioner may establish divisions and offices within the department.
deleted text begin The commissioner may employ four deputy commissioners in the unclassified service.
deleted text end
(c) The commissioner shall:
(1) employ assistants and other officers, employees, and agents that the commissioner
considers necessary to discharge the functions of the commissioner's office;
(2) define the duties of the officers, employees, and agents, and delegate to them any
of the commissioner's powers, duties, and responsibilities, subject to the commissioner's
control and under conditions prescribed by the commissioner.
(d) The commissioner shall ensure that there are at least three employment and
economic development officers in state offices in nonmetropolitan areas of the state who
will work with local units of government on developing local employment and economic
development.
Sec. 9.
Minnesota Statutes 2010, section 116J.035, subdivision 4, is amended to read:
Subd. 4.
Delegation of powers.
The commissioner may delegate, in written orders
filed with the secretary of state, any powers or duties subject to the commissioner's
control to officers and employees in the department. Regardless of any other law, the
commissioner may delegate the execution of specific contracts or specific types of
contracts to the commissioner's deleted text begin deputies, an assistant commissioner,deleted text end new text begin deputynew text end or a program
director if the delegation has been approved by the commissioner of administration and
filed with the secretary of state.
Sec. 10.
Minnesota Statutes 2010, section 174.02, subdivision 2, is amended to read:
Subd. 2.
Unclassified positions.
The commissioner may deleted text begin establish four positions
in the unclassified service at thedeleted text end new text begin appoint a new text end deputy deleted text begin and assistantdeleted text end commissionerdeleted text begin , assistant
to commissioner ordeleted text end new text begin and a new text end personal secretary deleted text begin levels. No more than two of these positions
shall be at the deputy commissioner leveldeleted text end new text begin in the unclassified servicenew text end .
Sec. 11.
Minnesota Statutes 2010, section 241.01, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Deputiesdeleted text end new text begin Deputynew text end .
The commissioner of corrections may appoint and
employ deleted text begin no more than twodeleted text end new text begin a new text end deputy deleted text begin commissionersdeleted text end new text begin commissionernew text end . The commissioner may
also appoint a personal secretary, who shall serve at the commissioner's pleasure in the
unclassified civil service.
Sec. 12. new text begin REDUCTION.
new text end
new text begin
The total reduction to general fund costs from salaries and economic benefits
attributable to the positions eliminated by sections 1 to 10 is estimated to be at least
$3,871,000 for the fiscal year ending June 30, 2012, and at least $3,871,000 for the fiscal
year ending June 30, 2013.
new text end