SF 2882

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to appointments of individuals to public 
  1.3             positions; prohibiting the sale or transfer of public 
  1.4             appointments to other individuals or entities; 
  1.5             proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 15. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [15.067] [SALE OR TRANSFER OF APPOINTMENT 
  1.9   FORBIDDEN.] 
  1.10     An appointment of an individual by an official or agency of 
  1.11  the state to a public position established by law may not be 
  1.12  sold or otherwise transferred by the appointee to another 
  1.13  individual or entity. 
  1.14     Sec. 2.  [15.068] [TERMINATION OF INDEFINITE APPOINTMENTS.] 
  1.15     If an appointment of an individual by an official or agency 
  1.16  of the state to a public position established by law is not to a 
  1.17  specific term ending on a specified date, the appointment 
  1.18  terminates when the appointee is unwilling or unable to continue 
  1.19  to serve in the position. 
  1.20     Sec. 3.  [POSITIONS THAT HAVE BEEN TRANSFERRED.] 
  1.21     (a) Notwithstanding Minnesota Statutes, section 15.067, and 
  1.22  except as provided in paragraph (b), if an appointment to a 
  1.23  public position established by law has been sold or transferred 
  1.24  to another individual or entity before the effective date of 
  1.25  section 1, the buyor or transferee may continue to serve in the 
  1.26  position until the transferee is unwilling or unable to continue 
  2.1   to serve in the position. 
  2.2      (b) If an appointment to a public position established by 
  2.3   law has been transferred to a corporation before the effective 
  2.4   date of section 1, the appointing authority shall transfer the 
  2.5   appointment to the individual who, in an individual capacity, 
  2.6   held the appointment for that position before the appointment of 
  2.7   the corporation.  If a corporation has been sold or transferred 
  2.8   since its appointment to the position, the appointing authority 
  2.9   shall terminate the appointment of the corporation and transfer 
  2.10  the appointment to an individual, in accordance with this 
  2.11  section, within 60 days of the effective date of this section.  
  2.12  An individual eligible for appointment under this paragraph is 
  2.13  the purchaser or transferee of the corporation or, if more than 
  2.14  one, one of the purchasers or transferees. 
  2.15     (c) To qualify for a transfer of an appointment under 
  2.16  paragraph (b), an individual shall apply in writing to the 
  2.17  appropriate appointing authority and shall provide whatever 
  2.18  information the appointment authority may require.  Appointing 
  2.19  authorities shall make reasonable efforts to inform individuals 
  2.20  or entities who may be affected by this section. 
  2.21     Sec. 4.  [EFFECTIVE DATE.] 
  2.22     Sections 1 to 3 are effective the day following final 
  2.23  enactment.