SF 2556

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; providing for the size 
  1.3             of the legislature; providing conditions for the 
  1.4             organization of legislative committees; limiting the 
  1.5             service of legislative leaders; changing certain 
  1.6             legislative terms; establishing a gubernatorial 
  1.7             cabinet comprised of secretaries appointed by the 
  1.8             governor with the advice and consent of the senate; 
  1.9             assigning duties to the secretaries; assigning state 
  1.10            departments and agencies to the secretaries; proposing 
  1.11            an amendment to the Minnesota Constitution, article 
  1.12            IV, section 4; amending Minnesota Statutes 2000, 
  1.13            section 2.021; proposing coding for new law in 
  1.14            Minnesota Statutes, chapters 3; 15. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 2000, section 2.021, is 
  1.17  amended to read: 
  1.18     2.021 [NUMBER OF MEMBERS.] 
  1.19     For each legislature, until a new apportionment shall have 
  1.20  been made, the senate is composed of 67 members and the house of 
  1.21  representatives is composed of 134 members.  For each 
  1.22  legislature elected to serve in 2013 and thereafter, the senate 
  1.23  shall be composed of six times as many members as the number of 
  1.24  representatives in Congress apportioned to Minnesota and the 
  1.25  house of representatives shall be composed of 12 times as many 
  1.26  members as the number of representatives in Congress apportioned 
  1.27  to Minnesota.  A state senate district may include only 
  1.28  territory that is in one congressional representative district.  
  1.29     Sec. 2.  [3.061] [COMMITTEES; CHAIRS; COMPOSITION.] 
  1.30     A member may serve as the chair of the same committee of 
  2.1   the house of representatives or senate during no more than two 
  2.2   successive sessions of the legislature.  The house of 
  2.3   representatives and senate shall each choose a number of chairs 
  2.4   of committees from each caucus in the same proportion as the 
  2.5   numbers of members who join each caucus in the house or senate 
  2.6   respectively.  
  2.7      Each committee shall be composed of an equal number of 
  2.8   members who represent territory in each of the several 
  2.9   congressional districts in the state.  Each committee of the 
  2.10  house or senate shall be composed of members of the majority and 
  2.11  minority caucuses in the same proportion as the numbers of 
  2.12  members who join each caucus in the house or senate 
  2.13  respectively.  Each joint legislative commission shall be 
  2.14  composed of equal numbers of representatives who represent 
  2.15  territory in the several congressional districts and two 
  2.16  senators from the majority caucus and two senators from the 
  2.17  minority caucus.  This section supersedes any inconsistent 
  2.18  provision of the laws that establish the joint legislative 
  2.19  commissions. 
  2.20     Sec. 3.  [3.062] [LEADERSHIP POSITIONS; LIMITS TO SERVICE.] 
  2.21     No person may serve as the presiding officer of either 
  2.22  house or as the leader of a caucus of members of either house 
  2.23  for more than four years. 
  2.24     Sec. 4.  [15.001] [GOVERNOR'S CABINET.] 
  2.25     The cabinet consists of the following secretaries, 
  2.26  appointed by the governor with the advice and consent of the 
  2.27  senate:  the secretary of administration, the secretary of 
  2.28  commerce and trade, the secretary of education, the secretary of 
  2.29  finance, the secretary of health and human resources, the 
  2.30  secretary of natural resources, the secretary of public safety, 
  2.31  and the secretary of transportation.  A secretary may not begin 
  2.32  to serve in office until the senate has given its advice and 
  2.33  consent. 
  2.34     Sec. 5.  [15.002] [DUTIES OF SECRETARIES.] 
  2.35     Each secretary shall: 
  2.36     (1) direct the development of goals, objectives, policies, 
  3.1   and plans necessary to the effective and efficient operation of 
  3.2   state government; 
  3.3      (2) make recommendations to the governor regarding major 
  3.4   policy issues, development of authority, and other matters 
  3.5   affecting the development and implementation of policy positions 
  3.6   and objectives; 
  3.7      (3) hold agency heads accountable for their administrative, 
  3.8   fiscal, and program actions in the operation of their agencies; 
  3.9      (4) reserve administrative jurisdictional, operational, 
  3.10  program, or policy conflicts between agencies or officials; 
  3.11     (5) coordinate communications with the federal government 
  3.12  and the governments of other states, under the direction of the 
  3.13  governor, in matters related to agency programs and activities; 
  3.14     (6) receive first reports required by law to be submitted 
  3.15  by agencies to the governor, and convey them to the governor; 
  3.16     (7) receive first recommendations required by law to be 
  3.17  made by agencies to the governor, and convey them to the 
  3.18  governor; 
  3.19     (8) direct the formulation of comprehensive budget 
  3.20  recommendations to the governor by agencies reporting to that 
  3.21  secretary; and 
  3.22     (9) serve as a liaison with nonstate agencies, interstate 
  3.23  compacts, and other nonstate organizations that receive state 
  3.24  appropriations or support directly or through a state agency 
  3.25  that reports to that secretary. 
  3.26     Sec. 6.  [ASSIGNMENT OF AGENCIES.] 
  3.27     Subdivision 1.  [SECRETARY OF ADMINISTRATION.] The 
  3.28  following agencies report to the secretary of administration: 
  3.29  department of administration, office of administrative hearings, 
  3.30  department of employee relations, capitol area architectural and 
  3.31  planning board, designer selection board, and Minnesota planning.
  3.32     Subd. 2.  [SECRETARY OF COMMERCE AND TRADE.] The following 
  3.33  agencies report to the secretary of commerce and trade: 
  3.34  department of agriculture, rural finance agency, department of 
  3.35  trade and economic development, department of commerce, 
  3.36  department of labor and industry, Minnesota Technology, Inc., 
  4.1   department of public service, public utilities commission, 
  4.2   department of economic security, animal health board, state 
  4.3   agricultural society, state horticultural society, Minnesota 
  4.4   film board, iron range resources and rehabilitation board, and 
  4.5   all non-health-related licensing boards not otherwise assigned 
  4.6   by this section. 
  4.7      Subd. 3.  [SECRETARY OF EDUCATION.] The following agencies 
  4.8   report to the secretary of education:  state arts board, center 
  4.9   for arts education, department of children, families, and 
  4.10  learning, Minnesota state colleges and universities, higher 
  4.11  education facilities authority, higher education services 
  4.12  office, state historical society, humanities commission, 
  4.13  Minnesota academy of science, and Minnesota zoological garden. 
  4.14     Subd. 4.  [SECRETARY OF FINANCE.] The following agencies 
  4.15  report to the secretary of finance:  campaign finance and public 
  4.16  disclosure board, department of finance, department of revenue, 
  4.17  housing finance agency, Minnesota state retirement system, 
  4.18  public employees retirement association, and teachers retirement 
  4.19  association. 
  4.20     Subd. 5.  [SECRETARY OF HEALTH AND HUMAN RESOURCES.] The 
  4.21  following agencies report to the secretary of health and human 
  4.22  resources:  board on aging, council on Asian-Pacific 
  4.23  Minnesotans, council on Black Minnesotans, Indian affairs 
  4.24  council, council on affairs of Chicano/Latino people, Minnesota 
  4.25  amateur sports commission, state council on disability, health 
  4.26  care commission, department of health, department of human 
  4.27  services, department of human rights, ombudsman for mental 
  4.28  health and mental retardation, department of veterans affairs, 
  4.29  veterans homes board, and all health-related licensing boards 
  4.30  not otherwise assigned by this section. 
  4.31     Subd. 6.  [SECRETARY OF NATURAL RESOURCES.] The following 
  4.32  agencies report to the secretary of natural resources:  office 
  4.33  of state archaeologist, Minnesota-Wisconsin boundary area 
  4.34  commission, office of environmental assistance, environmental 
  4.35  quality board, pollution control agency, board of water and soil 
  4.36  resources, and the department of natural resources. 
  5.1      Subd. 7.  [SECRETARY OF PUBLIC SAFETY.] The following 
  5.2   agencies report to the secretary of public safety:  department 
  5.3   of public safety, department of military affairs, department of 
  5.4   corrections, ombudsman for corrections, lawful gambling board, 
  5.5   Minnesota lottery, racing commission, sentencing guidelines 
  5.6   commission, peace officer standards and training board, and 
  5.7   private detective and protective agent board. 
  5.8      Subd. 8.  [SECRETARY OF TRANSPORTATION.] The following 
  5.9   agencies report to the secretary of transportation:  department 
  5.10  of transportation, metropolitan airports commission, and 
  5.11  metropolitan council. 
  5.12     Sec. 7.  [IMPLEMENTATION.] 
  5.13     (a) Within 30 days of the effective date of this section, a 
  5.14  task force shall convene to plan the implementation of sections 
  5.15  4, 5, and 6.  The governor shall appoint at least four, but no 
  5.16  more than six, heads of state agencies to serve on the task 
  5.17  force.  The speaker of the house of representatives shall 
  5.18  appoint one member of the majority caucus, and the minority 
  5.19  leader shall appoint a member of the minority caucus.  The 
  5.20  senate majority leader shall appoint a member of the majority 
  5.21  caucus, and the minority leader shall appoint a member of the 
  5.22  minority caucus.  If there is more than one minority caucus in 
  5.23  either body, only the larger or largest minority caucus shall 
  5.24  appoint a member to the task force.  
  5.25     (b) In planning the implementation of sections 4, 5, and 6, 
  5.26  the task force shall address at least the following issues: 
  5.27     (1) any reorganization of state agencies or reassignment of 
  5.28  agency functions that might be necessary or desirable; and 
  5.29     (2) any changes in the appointment, confirmation, and 
  5.30  titles of agency heads that might be necessary or desirable. 
  5.31     (c) The task force shall report to the governor and the 
  5.32  legislature by January 15, 2004.  Its report must include a 
  5.33  report on the progress of any reorganization that has been 
  5.34  identified as necessary or desirable and shall recommend any 
  5.35  legislation that might be necessary for further reorganization 
  5.36  and for implementation of sections 4, 5, and 6.  Also by January 
  6.1   15, 2004, the governor's office must submit to the legislature 
  6.2   drafts of any executive orders the governor plans to issue to 
  6.3   implement any reorganization that has been identified as 
  6.4   necessary or desirable. 
  6.5      (d) The implementation of any reorganization that has been 
  6.6   identified as necessary or desirable must be completed by 
  6.7   December 31, 2004. 
  6.8      Sec. 8.  [CONSTITUTIONAL AMENDMENT.] 
  6.9      An amendment to the Minnesota Constitution, article IV, 
  6.10  section 4, is proposed to the people.  
  6.11     If the amendment is adopted, article IV, section 4, will 
  6.12  read: 
  6.13     Sec. 4.  Representatives shall be chosen for a term of two 
  6.14  four years, except to fill a vacancy.  Senators shall be chosen 
  6.15  for a term of four six years, except to fill a vacancy and 
  6.16  except there shall be an entire new election of all the senators 
  6.17  members at the first election of representatives after each new 
  6.18  legislative apportionment provided for in this article.  As 
  6.19  nearly as possible, one-half of the representatives elected at 
  6.20  the first election after a new apportionment shall be elected 
  6.21  from odd-numbered districts and serve two-year terms and 
  6.22  one-half shall be elected from even-numbered districts and serve 
  6.23  four-year terms.  As nearly as possible, one-half of the 
  6.24  senators elected at the first election after a new apportionment 
  6.25  shall be elected from odd-numbered districts and serve four-year 
  6.26  terms and one-half shall be elected from even-numbered districts 
  6.27  and serve six-year terms.  The governor shall call elections to 
  6.28  fill vacancies in either house of the legislature. 
  6.29     Sec. 9.  [SCHEDULE AND QUESTION.] 
  6.30     The amendment shall be submitted to the people at the 2002 
  6.31  general election. 
  6.32     The question submitted to the people shall be: 
  6.33     "Shall the Minnesota Constitution be amended to change the 
  6.34  terms of office of state legislators? 
  6.35                                     Yes .......
  6.36                                     No ........"
  7.1      Sec. 10.  [EFFECTIVE DATE.] 
  7.2      Sections 4, 5, and 6 are effective July 1, 2004.  Section 7 
  7.3   is effective the day following final enactment.