SF 160

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state agencies; providing that agency and 
  1.3             department heads must be confirmed by the senate 
  1.4             within one year of appointment; amending Minnesota 
  1.5             Statutes 1998, section 15.06, subdivisions 2 and 5. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 15.06, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [TERM OF OFFICE; SUCCESSOR.] The term of a 
  1.10  commissioner shall end with the term of the office of governor.  
  1.11  If the appointing authority is the governor, the term shall end 
  1.12  on the date the governor who appointed the commissioner vacates 
  1.13  office.  The appointing authority shall submit to the president 
  1.14  of the senate the name of an appointee as permanent commissioner 
  1.15  as provided by section 15.066, subdivision 2, within 45 
  1.16  legislative days after the end of the term of a commissioner and 
  1.17  within 45 legislative days after the occurrence of a vacancy.  
  1.18  The appointee shall take office as permanent commissioner when 
  1.19  the senate notifies the appointing authority that it has 
  1.20  consented to the appointment.  The consent of the senate must 
  1.21  occur no later than one year following the appointment or a new 
  1.22  person must be appointed.  If the appointee previously served as 
  1.23  temporary or acting commissioner, the one-year period begins to 
  1.24  run from the time of appointment as acting or temporary 
  1.25  commissioner.  A commissioner shall serve at the pleasure of the 
  2.1   appointing authority.  
  2.2      Sec. 2.  Minnesota Statutes 1998, section 15.06, 
  2.3   subdivision 5, is amended to read: 
  2.4      Subd. 5.  [EFFECT OF DESIGNATION OF ACTING OR TEMPORARY 
  2.5   COMMISSIONER.] A person who is designated acting commissioner or 
  2.6   temporary commissioner pursuant to subdivisions subdivision 3 or 
  2.7   4 shall immediately have all the powers and emoluments and 
  2.8   perform all the duties of the office.  No person may serve as 
  2.9   temporary or acting commissioner for more than one year.  A 
  2.10  person who is designated permanent commissioner shall have all 
  2.11  the powers and may perform all the duties of the office upon 
  2.12  receipt of the letter of appointment by the president of the 
  2.13  senate pursuant to section 15.066.  Upon the appointment of a 
  2.14  permanent commissioner or acting commissioner to succeed any 
  2.15  other acting or temporary commissioner, the subsequent appointee 
  2.16  shall immediately take the place of any other acting or 
  2.17  temporary commissioner.  No person shall serve as a permanent 
  2.18  commissioner or acting commissioner after the senate has voted 
  2.19  to refuse to consent to the person's appointment as permanent 
  2.20  commissioner.  Notice of the designation of a commissioner or 
  2.21  acting commissioner, or the assumption of office by a temporary 
  2.22  commissioner, shall be filed with the president of the senate 
  2.23  and the speaker of the house with a copy delivered to the 
  2.24  secretary of state and published in the next available edition 
  2.25  of the State Register. 
  2.26     Sec. 3.  [EFFECTIVE DATE.] 
  2.27     Sections 1 and 2 apply to appointments made after July 1, 
  2.28  1999.