SF 1190

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/29/2013 11:19am

A bill for an act
relating to state government; changing provisions of the Legislative Advisory
Commission, Legislative Coordinating Commission, Legislative Commission on
Pensions and Retirement, Compensation Council, and Mississippi River Parkway
Commission; amending Minnesota Statutes 2012, sections 3.30, subdivision 2;
3.303, by adding a subdivision; 3.85, subdivisions 8, 9; 15A.082, subdivisions
1, 2, 3; 16A.10, subdivision 1c; 161.1419, subdivision 3; repealing Minnesota
Statutes 2012, sections 3.304, subdivisions 1, 5; 3.885, subdivision 10.

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

Section 1.

Minnesota Statutes 2012, section 3.30, subdivision 2, is amended to read:

Subd. 2.

Members; duties.

new text begin (a) new text end The majority leader of the senate or a designee, the
chair of the senate Committee on Finance, and the chair of the senate Division of Finance
responsible for overseeing the items being considered by the commission, the speaker of
the house or a designee, the chair of the house of representatives Committee on Ways and
Means, and the chair of the appropriate finance committee, or division of the house of
representatives committee responsible for overseeing the items being considered by the
commissioner, constitute the Legislative Advisory Commission. The division chair of the
Finance Committee in the senate and the division chair of the appropriate finance committee
or division in the house of representatives shall rotate according to the items being
considered by the commission. If any of the members elect not to serve on the commission,
the house of which they are members, if in session, shall select some other member for
the vacancy. If the legislature is not in session, vacancies in the house of representatives
membership of the commission shall be filled by the last speaker of the house or, if the
speaker is not available, by the last chair of the house of representatives Rules Committee,
and by the last senate Committee on Committees or other appointing authority designated
by the senate rules in case of a senate vacancy. The commissioner of management and
budget shall be secretary of the commission and keep a permanent record and minutes of
its proceedings, which are public records. The commissioner of management and budget
shall transmit, under section 3.195, a report to the next legislature of all actions of the
commission. Members shall receive traveling and subsistence expenses incurred attending
meetings of the commission. The commission shall meet from time to time upon the call of
the governor or upon the call of the secretary at the request of two or more of its members.
A recommendation of the commission must be made at a meeting of the commission
unless a written recommendation is signed by all the members entitled to vote on the item.

new text begin (b) The chair alternates between a member of the senate and a member of the house
of representatives in January of each odd-numbered year.
new text end

Sec. 2.

Minnesota Statutes 2012, section 3.303, is amended by adding a subdivision to
read:

new text begin Subd. 11. new text end

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

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

Sec. 3.

Minnesota Statutes 2012, section 3.85, subdivision 8, is amended to read:

Subd. 8.

Expenses, reimbursement.

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

Sec. 4.

Minnesota Statutes 2012, section 3.85, subdivision 9, is amended to read:

Subd. 9.

Expenses and reports.

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

Sec. 5.

Minnesota Statutes 2012, section 15A.082, subdivision 1, is amended to read:

Subdivision 1.

Creation.

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

Sec. 6.

Minnesota Statutes 2012, section 15A.082, subdivision 2, is amended to read:

Subd. 2.

Membership.

The Compensation Council consists of 16 members: two
members of the house of representatives new text begin , new text end appointed by the speaker of the house; two
members of the senate new text begin , new text end appointed by the majority leader of the senate; one member of the
house of representatives new text begin , new text end appointed by the minority leader of the house of representatives;
one member of the senate new text begin , new text end appointed by the minority leader of the senate; two nonjudges
appointed by the chief justice of the Supreme Court; and one member from each
congressional district appointed by the governor, of whom no more than four may belong
to the same political party. Appointments must be made deleted text begin by October 1 deleted text end new text begin after the first
Monday in January and before January 15 new text end . The compensation and removal of members
appointed by the governor or the chief justice shall be as provided in section 15.059,
subdivisions 3 and 4. The Legislative Coordinating Commission shall provide the council
with administrative and support services.

Sec. 7.

Minnesota Statutes 2012, section 15A.082, subdivision 3, is amended to read:

Subd. 3.

Submission of recommendations.

(a) By deleted text begin May 1 deleted text end new text begin March 15 new text end in each
odd-numbered year, the Compensation Council shall submit to the speaker of the house
and the president of the senate salary recommendations for constitutional officers,
legislators, justices of the Supreme Court, and judges of the Court of Appeals and district
court. The recommended salary for each office must take effect on the first Monday in
January of the next odd-numbered year, with no more than one adjustment, to take effect
on January 1 of the year after that. The salary recommendations for legislators, judges, and
constitutional officers take effect if an appropriation of money to pay the recommended
salaries is enacted after the recommendations are submitted and before their effective date.
Recommendations may be expressly modified or rejected. The salary recommendations
for legislators are subject to additional terms that may be adopted according to section
3.099, subdivisions 1 and 3.

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

Sec. 8.

Minnesota Statutes 2012, section 16A.10, subdivision 1c, is amended to read:

Subd. 1c.

Performance measures for change items.

For each change item in the
budget proposal requesting new or increased funding, the budget document must present
proposed performance measures that can be used to determine if the new or increased
funding is accomplishing its goals. To the extent possible, each budget change item
must identify relevant deleted text begin Minnesota Milestones and other deleted text end statewide goals and indicators
related to the proposed initiative. deleted text begin The commissioner must report to the Subcommittee on
Government Accountability established under section 3.885, subdivision 10, regarding the
format to be used for the presentation and selection of Minnesota Milestones and other
statewide goals and indicators.
deleted text end

Sec. 9.

Minnesota Statutes 2012, section 161.1419, subdivision 3, is amended to read:

Subd. 3.

Investigatory powers; chair, vice-chair, and secretary.

The commission
may hold meetings and hearings at such time and places as it may designate to accomplish
the purposes set forth in this section deleted text begin and may subpoena witnesses and records deleted text end . It shall select
a chair, a vice-chair, and such other officers from its membership as it deems necessary.
The commission shall appoint a secretary who shall also serve as a commission member.

Sec. 10. new text begin LEGISLATIVE ADVISORY COMMISSION CHAIR; 2013.
new text end

new text begin Under Minnesota Statutes, section 3.30, subdivision 2, the chair of the Legislative
Advisory Commission must be a member of the senate in 2013.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 3.304, subdivisions 1 and 5; and 3.885,
subdivision 10, new text end new text begin are repealed.
new text end