SF 1106

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; providing for the 
  1.3             reorganization of state government; establishing the 
  1.4             positions of governor's secretaries; assigning their 
  1.5             powers and duties; assigning agencies to secretaries; 
  1.6             providing for an implementation plan; proposing coding 
  1.7             for new law in Minnesota Statutes, chapter 15. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [15.0601] [APPOINTMENT OF GOVERNOR'S 
  1.10  SECRETARIES; GENERAL POWERS.] 
  1.11     Subdivision 1.  [APPOINTMENT.] The governor shall appoint 
  1.12  the governor's secretaries, subject to the advice and consent of 
  1.13  the senate.  A secretary serves at the pleasure of the governor 
  1.14  for a term coincident with that of the governor or until a 
  1.15  successor is appointed and qualified.  Before entering upon the 
  1.16  discharge of duties, a secretary must take an oath to faithfully 
  1.17  execute the duties of the office. 
  1.18     Subd. 2.  [DIRECTION BY THE GOVERNOR.] A secretary is 
  1.19  subject to the direction and supervision of the governor.  
  1.20  Except as provided in other law, the agencies assigned to each 
  1.21  secretary shall: 
  1.22     (1) exercise their respective powers and duties in 
  1.23  accordance with the general policy established by the governor 
  1.24  or by the secretary acting on behalf of the governor; 
  1.25     (2) provide assistance to the governor or the secretary as 
  1.26  may be required; and 
  2.1      (3) forward all reports to the governor through the 
  2.2   secretary. 
  2.3      Subd. 3.  [DISCRETIONARY AUTHORITY.] Unless the governor 
  2.4   expressly reserves a power listed in this subdivision, a 
  2.5   secretary may: 
  2.6      (1) resolve administrative, jurisdictional, operational, 
  2.7   program, or policy conflicts between agencies or officials 
  2.8   assigned; 
  2.9      (2) direct the formulation of a comprehensive program 
  2.10  budget for the services of agencies assigned for consideration 
  2.11  by the governor; 
  2.12     (3) hold agency heads accountable for their administrative, 
  2.13  fiscal, and program actions in the conduct of the respective 
  2.14  powers and duties of the agencies; 
  2.15     (4) direct the development of goals, objectives, policies, 
  2.16  and plans that are necessary to the effective and efficient 
  2.17  operation of government; 
  2.18     (5) sign documents on behalf of the governor that originate 
  2.19  with agencies assigned to the secretary; and 
  2.20     (6) employ the personnel and contract for services as may 
  2.21  be required to perform the powers and duties conferred upon the 
  2.22  secretary by law or executive order. 
  2.23     Subd. 4.  [DEFINITION.] For purposes of this section, 
  2.24  "governor's secretaries" means the secretary of administration, 
  2.25  the secretary of business development, the secretary of 
  2.26  education, the secretary of public advocacy, the secretary of 
  2.27  transportation and safety, the secretary of environment, the 
  2.28  secretary of finance, and the secretary of health and human 
  2.29  services. 
  2.30     Sec. 2.  [15.0602] [ASSIGNMENT OF AGENCIES.] 
  2.31     Subdivision 1.  [SECRETARY OF ADMINISTRATION.] Except as 
  2.32  otherwise specifically provided in this section, the following 
  2.33  agencies report to the secretary of administration:  department 
  2.34  of administration and department of employee relations. 
  2.35     Subd. 2.  [SECRETARY OF BUSINESS DEVELOPMENT.] Except as 
  2.36  otherwise specifically provided in this section, the following 
  3.1   agencies report to the secretary of business development:  
  3.2   bureau of mediation services, department of agriculture, 
  3.3   department of commerce, department of labor and industry, and 
  3.4   department of trade and economic development. 
  3.5      Subd. 3.  [SECRETARY OF EDUCATION.] Except as otherwise 
  3.6   specifically provided in this section, the following agencies 
  3.7   report to the secretary of education:  department of children, 
  3.8   families, and learning and department of jobs and training. 
  3.9      Subd. 4.  [SECRETARY OF PUBLIC ADVOCACY.] Except as 
  3.10  otherwise specifically provided in this section, the following 
  3.11  agencies report to the secretary of public advocacy:  department 
  3.12  of human rights, energy issues intervention office of the 
  3.13  department of commerce, crime victims ombudsman, ombudsman for 
  3.14  corrections, ombudsman for mental health and mental retardation, 
  3.15  and ombudsman for older Minnesotans. 
  3.16     Subd. 5.  [SECRETARY OF TRANSPORTATION AND SAFETY.] Except 
  3.17  as otherwise specifically provided in this section, the 
  3.18  following agencies report to the secretary of transportation and 
  3.19  safety:  department of military affairs, department of public 
  3.20  safety, and department of transportation. 
  3.21     Subd. 6.  [SECRETARY OF ENVIRONMENT.] Except as otherwise 
  3.22  specifically provided in this section, the following agencies 
  3.23  report to the secretary of environment:  pollution control 
  3.24  agency and department of natural resources. 
  3.25     Subd. 7.  [SECRETARY OF FINANCE.] Except as otherwise 
  3.26  specifically provided in this section, the following agencies 
  3.27  report to the secretary of finance:  department of finance, 
  3.28  department of revenue, and office of strategic and long-range 
  3.29  planning. 
  3.30     Subd. 8.  [SECRETARY OF HEALTH AND HUMAN SERVICES.] Except 
  3.31  as otherwise specifically provided in this section, the 
  3.32  following agencies report to the secretary of health and human 
  3.33  services:  department of corrections, department of health, 
  3.34  department of human services, department of veterans affairs, 
  3.35  and housing finance agency. 
  3.36     Sec. 3.  [IMPLEMENTATION.] 
  4.1      (a) Within 30 days of the effective date of this section, a 
  4.2   task force shall convene to plan the implementation of sections 
  4.3   1 and 2.  The governor shall appoint at least four, but no more 
  4.4   than six, heads of state agencies to serve on the task force.  
  4.5   The speaker of the house of representatives shall appoint one 
  4.6   member of the majority caucus and the minority leader shall 
  4.7   appoint a member of the minority caucus.  The subcommittee on 
  4.8   committees of the committee on rules and administration of the 
  4.9   senate shall appoint two members of the senate, one of whom must 
  4.10  be a member of the minority. 
  4.11     (b) In planning the implementation of sections 1 and 2, the 
  4.12  task force shall address at least the following issues: 
  4.13     (1) whether noncabinet level agencies, including boards 
  4.14  that have traditionally been independent, should be assigned to 
  4.15  secretaries and, if so, to which secretaries should they be 
  4.16  assigned; 
  4.17     (2) whether any reorganization of state agencies or 
  4.18  reassignment of agency functions would be necessary or 
  4.19  desirable; and 
  4.20     (3) whether any changes in the appointment, confirmation, 
  4.21  and titles of agency heads would be necessary or desirable. 
  4.22     (c) The task force shall report to the governor and the 
  4.23  legislature by January 15, 2004.  Its report must include a 
  4.24  report on the progress of any reorganization that has been 
  4.25  identified as necessary or desirable and shall recommend any 
  4.26  legislation that might be necessary for further reorganization 
  4.27  and for implementation of sections 1 and 2.  Also, by January 
  4.28  15, 2004, the governor's office must submit to the legislature 
  4.29  drafts of any reorganization orders that might be planned to 
  4.30  implement any reorganization that has been identified as 
  4.31  necessary or desirable. 
  4.32     (d) As a result of efficiencies achieved through the 
  4.33  realignment of agency authority and accountability in sections 1 
  4.34  and 2, the governor shall reduce managerial, supervisory, and 
  4.35  other positions in executive branch agencies.  In accomplishing 
  4.36  these reductions, the governor shall eliminate certain 
  5.1   commissioner and deputy commissioner positions and shall 
  5.2   consolidate support services, such as management information 
  5.3   systems, public information, government relations, research, 
  5.4   human resources, procurement, and training and development.  The 
  5.5   legislature anticipates general fund savings of $....... in 
  5.6   fiscal year 2004 as a result of these reductions.  These general 
  5.7   fund savings cancel to the general fund. 
  5.8      (e) The governor must not appoint secretaries until January 
  5.9   6, 2004.  Notwithstanding Minnesota Statutes, section 15.06, the 
  5.10  first secretaries appointed on or after January 6, 2004, may 
  5.11  serve in office until the senate refuses to consent to their 
  5.12  appointment. 
  5.13     Sec. 4.  [EFFECTIVE DATE.] 
  5.14     Sections 1 and 2 are effective June 30, 2004.  Section 3 is 
  5.15  effective the day following final enactment.