Minnesota Legislature
SF 1298
1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:19am
Current Version - 1st Engrossment
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A bill for an act
relating to state agencies; changing the name of the commissioner of finance to
the commissioner of management and budget and making conforming changes;
amending Minnesota Statutes 2008, sections 15.01; 15.06, subdivision 1;
15A.0815, subdivision 2; 16A.01, subdivision 1; 31.60, subdivision 1; 128C.15,
subdivision 3; 144E.40, subdivision 2; 176.571, subdivision 1; 480.181,
subdivision 2; repealing Minnesota Statutes 2008, section 471.9981, subdivision
1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 15.01, is amended to read:
15.01 DEPARTMENTS OF THE STATE.
The following agencies are designated as the departments of the state government:
the Department of Administration; the Department of Agriculture; the Department of
Commerce; the Department of Corrections; the Department of Education; the Department
of Employment and Economic Development; deleted text begin the Department of Finance;deleted text end the Department
of Health; the Department of Human Rights; the Department of Labor and Industry;
new text begin the Department of Management and Budget; new text end the Department of Military Affairs; the
Department of Natural Resources; the Department of Public Safety; the Department of
Human Services; the Department of Revenue; the Department of Transportation; the
Department of Veterans Affairs; and their successor departments.
Sec. 2.
Minnesota Statutes 2008, section 15.06, subdivision 1, is amended to read:
Subdivision 1.
Applicability.
This section applies to the following departments
or agencies: the Departments of Administration, Agriculture, Commerce, Corrections,
Education, Employment and Economic Development, deleted text begin Finance,deleted text end Health, Human Rights,
Labor and Industry, new text begin Management and Budget, new text end Natural Resources, Public Safety, Human
Services, Revenue, Transportation, and Veterans Affairs; the Housing Finance and
Pollution Control Agencies; the Office of Commissioner of Iron Range Resources and
Rehabilitation; the Bureau of Mediation Services; and their successor departments and
agencies. The heads of the foregoing departments or agencies are "commissioners."
Sec. 3.
Minnesota Statutes 2008, section 15A.0815, subdivision 2, is amended to read:
Subd. 2.
Group I salary limits.
The salaries for positions in this subdivision may
not exceed 95 percent of the salary of the governor:
Commissioner of administration;
Commissioner of agriculture;
Commissioner of education;
Commissioner of commerce;
Commissioner of corrections;
deleted text begin
Commissioner of finance;
deleted text end
Commissioner of health;
Executive director, Minnesota Office of Higher Education;
Commissioner, Housing Finance Agency;
Commissioner of human rights;
Commissioner of human services;
Commissioner of labor and industry;
new text begin
Commissioner of management and budget;
new text end
Commissioner of natural resources;
Director of Office of Strategic and Long-Range Planning;
Commissioner, Pollution Control Agency;
Executive director, Public Employees Retirement Association;
Commissioner of public safety;
Commissioner of revenue;
Executive director, State Retirement System;
Executive director, Teachers Retirement Association;
Commissioner of employment and economic development;
Commissioner of transportation; and
Commissioner of veterans affairs.
Sec. 4.
Minnesota Statutes 2008, section 16A.01, subdivision 1, is amended to read:
Subdivision 1.
Commissioner.
The commissioner of deleted text begin financedeleted text end new text begin management and
budgetnew text end manages the Department of deleted text begin Financedeleted text end new text begin Management and Budget, which may also be
known as Minnesota Management and Budgetnew text end . The commissioner is the state's controller
and chief accounting and financial officer.
Sec. 5.
Minnesota Statutes 2008, section 31.60, subdivision 1, is amended to read:
Subdivision 1.
Division duties; director; personnel.
A Meat Industry Division is
created in the Department of Agriculture which shall enforce and administer laws enforced
and administered by the commissioner of agriculture relating to meat, fish, and dressed
poultry, except laws enforced and administered by the Division of Poultry Industries. The
Meat Industry Division is under the supervision of a directornew text begin in the classified servicenew text end . The
commissioner shall appoint the director deleted text begin from the register as certified by the Minnesota
Department of Financedeleted text end , who shall be experienced and knowledgeable in the meat industry.
Sec. 6.
Minnesota Statutes 2008, section 128C.15, subdivision 3, is amended to read:
Subd. 3.
Comparable worth.
The league is a political subdivision under sections
471.992 to 471.999deleted text begin , except that the league must report to the commissioner of employee
relations by February 1, 1989, on its implementation plandeleted text end . A cause of action against the
league does not arise before August 1, 1989, for failure to comply with sections 471.992
to 471.999.
Sec. 7.
Minnesota Statutes 2008, section 144E.40, subdivision 2, is amended to read:
Subd. 2.
Administration.
(a) Unless paragraph (c) applies, consistent with the
responsibilities of the State Board of Investment and the various ambulance services, the
Cooper/Sams volunteer ambulance program must be administered by the Emergency
Medical Services Regulatory Board. The administrative responsibilities of the board
for the program relate solely to the record keeping, award application, and award
payment functions. The State Board of Investment is responsible for the investment
of the Cooper/Sams volunteer ambulance trust. The applicable ambulance service is
responsible for determining, consistent with this chapter, who is a qualified ambulance
service person, what constitutes a year of credited ambulance service, what constitutes
sufficient documentation of a year of prior service, and for submission of all necessary
data to the board in a manner consistent with this chapter. Determinations of an ambulance
service are final.
(b) The board may administer its assigned responsibilities regarding the program
directly or may retain a qualified governmental or nongovernmental plan administrator
under contract to administer those responsibilities regarding the program. A contract with
a qualified plan administrator must be the result of an open competitive bidding process
and must be reopened for competitive bidding at least once during every five-year period
after July 1, 1993.
(c) The commissioner of deleted text begin employee relationsdeleted text end new text begin management and budgetnew text end shall review
the options within state government for the most appropriate administration of pension
plans or similar arrangements for emergency service personnel and recommend to the
governor the most appropriate future pension plan or nonpension plan administrative
arrangement for this chapter. If the governor concurs in the recommendation, the governor
shall transfer the future administrative responsibilities relating to this chapter to that
administrative agency.
Sec. 8.
Minnesota Statutes 2008, section 176.571, subdivision 1, is amended to read:
Subdivision 1.
Preliminary investigation.
When the head of a department has filed
a report or the commissioner of administration has otherwise received information of
the occurrence of an injury to a state employee for which liability to pay compensation
may exist, the commissioner of administration shall make a preliminary investigation to
determine the question of probable liability.
In making this investigation, the commissioner of administration may require the
assistance of the head of any department or any employee of the state. The commissioner
of deleted text begin employee relationsdeleted text end new text begin management and budgetnew text end may require that all facts be furnished
which appear in the records of any state department bearing on the issue.
Sec. 9.
Minnesota Statutes 2008, section 480.181, subdivision 2, is amended to read:
Subd. 2.
Election to retain insurance and benefits; retirement.
(a) Before a
person is transferred to state employment under this section, the person may elect to do
either or both of the following:
(1) keep life insurance; hospital, medical, and dental insurance; and vacation and
sick leave benefits and accumulated time provided by the county instead of receiving
benefits from the state under the judicial branch personnel rules; or
(2) remain a member of the Public Employees Retirement Association or the
Minneapolis employees retirement fund instead of joining the Minnesota State Retirement
System.
Employees who make an election under clause (1) remain on the county payroll,
but the state shall reimburse the county on a quarterly basis for the salary and cost of the
benefits provided by the county. The state shall make the employer contribution to the
Public Employees Retirement Association or the employer contribution under section
422A.101, subdivision 1a, to the Minneapolis Employees Retirement Fund on behalf of
employees who make an election under clause (2).
(b) An employee who makes an election under paragraph (a), clause (1), may revoke
the election, once, at any time, but if the employee revokes the election, the employee
cannot make another election. An employee who makes an election under paragraph (a),
clause (2), may revoke the election at any time within six months after the person becomes
a state employee. Once an employee revokes this election, the employee cannot make
another election.
(c) The Supreme Court, after consultation with the Judicial Council, the
commissioner of deleted text begin employee relationsdeleted text end new text begin management and budgetnew text end , and the executive directors
of the Public Employees Retirement Association and the Minnesota State Retirement
Association, shall adopt procedures for making elections under this section.
(d) The Supreme Court shall notify all affected employees of the options available
under this section. The executive directors of the Public Employees Retirement
Association and the Minnesota State Retirement System shall provide counseling to
affected employees on the effect of making an election to remain a member of the Public
Employees Retirement Association.
Sec. 10. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes shall change any reference to the commissioner of finance
or the Department of Finance, or any derivation of those terms, to the commissioner of
management and budget or the Department of Management and Budget wherever these
terms appear in Minnesota Statutes or Minnesota Rules.
new text end
Sec. 11. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, section 471.9981, subdivision 1,
new text end
new text begin
is repealed.
new text end