SF 3680

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; prescribing procedures to 
  1.3             be followed in reorganization of agency functions and 
  1.4             duties by law; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 15. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [15.038] [PROCEDURES FOR TRANSFER OF POWERS 
  1.8   AMONG AGENCIES.] 
  1.9      Subdivision 1.  [APPLICATION.] Legislation proposing a 
  1.10  transfer of substantially all of the functions and duties of a 
  1.11  state agency or agencies to another new or existing agency or 
  1.12  agencies must provide for the procedure prescribed by this 
  1.13  section unless the legislation specifically provides that the 
  1.14  procedure is not to be followed and instead prescribes a 
  1.15  different procedure. 
  1.16     Subd. 2.  [GOALS AND OUTCOMES.] Legislation proposing a 
  1.17  reorganization of the scope described in subdivision 1 must 
  1.18  include a statement of the goals to be achieved by the 
  1.19  reorganization and any specific outcomes that must be achieved. 
  1.20     Subd. 3.  [TASK FORCE.] (a) Within 30 days of the effective 
  1.21  date of the legislation described in subdivision 1, the governor 
  1.22  shall convene a task force consisting of three facilitators and 
  1.23  three groups: 
  1.24     (1) a group consisting of ten to 15 persons from agencies 
  1.25  affected by the reorganization who are members of the managerial 
  2.1   plan established under section 43A.18, subdivision 3, appointed 
  2.2   by the governor; 
  2.3      (2) a group consisting of employees from agencies affected 
  2.4   by the reorganization who are represented by exclusive 
  2.5   representatives, selected by the exclusive representatives of 
  2.6   employees of those agencies; and 
  2.7      (3) a group consisting of not more than 20 persons jointly 
  2.8   appointed by the speaker of the house of representatives and the 
  2.9   majority leader of the senate, including representatives of 
  2.10  organizations, occupations, and industries that would be 
  2.11  affected by the proposed reorganization. 
  2.12     The groups described in clauses (1) and (2) must include 
  2.13  managers and classified employees from work stations outside the 
  2.14  metropolitan area described in section 473.121, subdivision 2.  
  2.15  Affected organizations, occupations, and industries may submit 
  2.16  the names of persons they wish considered for appointment to the 
  2.17  task force under clause (3). 
  2.18     The governor, the speaker of the house of representatives, 
  2.19  and the majority leader of the senate shall jointly appoint a 
  2.20  facilitator for each group. 
  2.21     (b) Members of the task force established by paragraph (a) 
  2.22  shall serve as partners in changing the delivery of state 
  2.23  services and the performance of state functions.  Each group of 
  2.24  the task force shall initially meet separately to develop its 
  2.25  own recommendations for a governmental structure to perform the 
  2.26  functions and provide the services affected by the proposed 
  2.27  reorganization.  A facilitator shall assist each group.  Each 
  2.28  group must complete its recommendations by a date prescribed by 
  2.29  the legislation proposing the reorganization.  No later than one 
  2.30  month before that date, each group shall select from its 
  2.31  membership representatives to a joint committee, as follows: 
  2.32     (1) two representatives from the group established by 
  2.33  paragraph (a), clause (1); 
  2.34     (2) three representatives from the group established by 
  2.35  paragraph (a), clause (2); and 
  2.36     (3) five representatives from the group established by 
  3.1   paragraph (a), clause (3), who must be private citizens. 
  3.2      The joint committee shall begin meeting as soon as 
  3.3   practicable after the prescribed date, and shall develop a 
  3.4   recommendation for a governmental structure to perform the 
  3.5   functions and provide the services affected by the proposed 
  3.6   reorganization.  The recommendation must address ways to obtain 
  3.7   input from local and regional governmental units.  The speaker 
  3.8   of the house of representatives and the majority leader of the 
  3.9   senate may provide legislative staff support to the joint 
  3.10  committee upon its request.  A facilitator shall chair meetings 
  3.11  of the joint committee and serve as a nonvoting member.  The 
  3.12  joint committee shall submit its recommendation for 
  3.13  reorganization to the governor and the legislature by January 15 
  3.14  of the following year. 
  3.15     Subd. 4.  [EMPLOYEE PARTICIPATION COMMITTEE.] (a) Before a 
  3.16  restructuring of executive branch agencies, a committee, 
  3.17  including representatives of employees and employers within each 
  3.18  affected agency, must be established and be given adequate time 
  3.19  to perform the functions prescribed by paragraph (b).  Each 
  3.20  exclusive representative of employees shall select a committee 
  3.21  member from each of its bargaining units in each affected 
  3.22  agency.  The head of each agency shall select an employee member 
  3.23  from each unit of employees not represented by an exclusive 
  3.24  representative.  The agency head shall also appoint one or more 
  3.25  committee members to represent the agency.  The number of 
  3.26  members appointed by the agency head, however, may not exceed 
  3.27  the total number of members representing bargaining units. 
  3.28     (b) A committee established under paragraph (a) shall: 
  3.29     (1) identify tasks related to agency reorganization and 
  3.30  adopt plans for addressing those tasks; 
  3.31     (2) identify other employer and employee issues related to 
  3.32  reorganization and adopt plans for addressing those issues; 
  3.33     (3) adopt detailed plans for providing retraining for 
  3.34  affected employees; and 
  3.35     (4) guide the implementation of the reorganization.