SF 2289

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; eliminating certain
unclassified positions; reducing appropriations;
amending Minnesota Statutes 2004, sections 15.06,
subdivision 8; 16B.03; 43A.03, subdivision 3; 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; repealing Minnesota Statutes 2004,
sections 43A.03, subdivision 4; 43A.08, subdivisions
1a, 1b.

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

Section 1.

Minnesota Statutes 2004, section 15.06,
subdivision 8, is amended to read:

Subd. 8.

Number of deputy commissioners.

Unless
specifically authorized by statute, other than section 43A.08,
subdivision 2,No department or agency specified in subdivision
1 shall have more than one deputy commissioner.

Sec. 2.

Minnesota Statutes 2004, section 16B.03, is
amended to read:

16B.03 APPOINTMENTS.

The commissioner is authorized to appoint staff, including
two one deputy commissioners commissioner, in accordance with
chapter 43A.

Sec. 3.

Minnesota Statutes 2004, section 43A.03,
subdivision 3, is amended to read:

Subd. 3.

Organization.

The commissioner may appoint a
deputy commissioner in the unclassified service.The department
shall be organized into two bureaus which shall be designated
the Personnel Bureau and the Labor Relations Bureau. Each
bureau shall be responsible for administering the duties and
functions assigned to it by law. When the duties of the bureaus
are not mandated by law, the commissioner may establish and
revise the assignments of either bureau. Each bureau shall be
under the direction of a deputy commissioner.

Sec. 4.

Minnesota Statutes 2004, 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 and assistant agency heads and one confidential
secretary in the agencies listed in subdivision 1a and in the
Office of Strategic and Long-Range Planning section 15.06,
subdivision 1;

(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) chaplains employed by the state;

(15) examination monitors and intermittent training
instructors employed by the Departments of Employee Relations
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;

(16) student workers;

(17) executive directors or executive secretaries appointed
by and reporting to any policy-making board or commission
established by statute;

(18) employees unclassified pursuant to other statutory
authority;

(19) intermittent help employed by the commissioner of
agriculture to perform duties relating to pesticides,
fertilizer, and seed regulation;

(20) the administrators and the deputy administrators at
the State Academies for the Deaf and the Blind; and

(21) chief executive officers in the Department of Human
Services.

Sec. 5.

Minnesota Statutes 2004, section 45.013, is
amended to read:

45.013 POWER TO APPOINT STAFF.

The commissioner of commerce may appoint four one deputy
commissioners, four assistant commissioners, and an assistant to
the commissioner. Those positions, as well as that of and a
confidential secretary, are in the unclassified service. The
commissioner may appoint other employees necessary to carry out
the duties and responsibilities entrusted to the commissioner.

Sec. 6.

Minnesota Statutes 2004, section 84.01,
subdivision 3, is amended to read:

Subd. 3.

Employees; delegation.

Subject to the
provisions of Laws 1969, chapter 1129, and to other applicable
laws The commissioner shall organize the department and employ
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 other 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 2004, 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 and
assistant commissioners 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 2004, 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. The commissioner may employ four deputy
commissioners in the unclassified service.

(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 2004, 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 deputies deputy, an assistant commissioner, 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 2004, section 174.02,
subdivision 2, is amended to read:

Subd. 2.

Unclassified positions.

The commissioner
may establish four positions in the unclassified service at
the appoint a deputy and assistant commissioner, assistant to
commissioner or and a personal secretary levels. No more than
two of these positions shall be at the deputy commissioner level
in the unclassified service.

Sec. 11.

Minnesota Statutes 2004, section 241.01,
subdivision 2, is amended to read:

Subd. 2.

divisions; deputies deputy.

The commissioner of
corrections may appoint and employ no more than two a deputy
commissioners commissioner. The commissioner may also appoint a
personal secretary, who shall serve at the commissioner's
pleasure in the unclassified civil service.

Sec. 12. APPROPRIATION REDUCTION.

The commissioner of finance shall determine the costs of
salaries and economic benefits attributable to the positions
eliminated by this act and reduce the appropriation to each
affected agency accordingly. The total reduction to general
fund appropriations must be at least $17,400,000.

Sec. 13. REPEALER.

Minnesota Statutes 2004, sections 43A.03, subdivision 4;
and 43A.08, subdivisions 1a and 1b, are repealed.

Sec. 14. EFFECTIVE DATE.

This act is effective July 1, 2005.