Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                         CHAPTER 80-H.F.No. 576 
           An act relating to state government; providing for 
          appointments to advisory task forces, councils, and 
          committees, administrative boards, and agencies; 
          clarifying reporting requirements and term limits; 
          amending Minnesota Statutes 1992, sections 15.0575, 
          subdivision 2; 15.059, subdivision 2; 15.0597, 
          subdivisions 2, 4, and 7; and 214.09, subdivision 2.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 15.0575, 
subdivision 2, is amended to read: 
    Subd. 2.  [MEMBERSHIP TERMS.] An appointment to an 
administrative board or agency must be made in the manner 
provided in section 15.0597.  The terms of the members shall be 
four years with the terms ending on the first Monday in 
January.  The appointing authority shall appoint as nearly as 
possible one-fourth of the members to terms expiring each year.  
If the number of members is not evenly divisible by four, the 
greater number of members, as necessary, shall be appointed to 
terms expiring in the year of commencement of the governor's 
term and the year or years immediately thereafter.  If the 
number of terms which can be served by a member of a board or 
agency is limited by law, a partial term must be counted for 
this purpose if the time served by a member is greater than 
one-half of the duration of the regular term.  If the membership 
is composed of categories of members from occupations, 
industries, political subdivisions, the public or other 
groupings of persons, and if the categories have two or more 
members each, the appointing authority shall appoint as nearly 
as possible one-fourth of the members in each category at each 
appointment date.  Members may serve until their successors are 
appointed and qualify but in no case later than July 1 in a year 
in which a term expires unless reappointed. 
    Sec. 2.  Minnesota Statutes 1992, section 15.059, 
subdivision 2, is amended to read: 
    Subd. 2.  [MEMBERSHIP TERMS.] An appointment to an advisory 
council or committee must be made in the manner provided in 
section 15.0597.  The terms of the members of the advisory 
councils and committees shall be four years.  The terms of 
one-half of the members shall be coterminous with the governor 
and the terms of the remaining one-half of the members shall end 
on the first Monday in January one year after the terms of the 
other members.  If there is an odd number of members, the 
smallest possible majority of the members shall have terms 
coterminous with the governor.  If the number of terms which can 
be served by a member of an advisory council or committee is 
limited by law, a partial term must be counted for this purpose 
if the time served by a member is greater than one-half of the 
duration of the regular term.  If the membership is composed of 
categories of members from occupations, industries, political 
subdivisions, the public or other groupings of persons, and if 
the categories as specified in statute have two or more members 
each, the appointing authority shall appoint as nearly as 
possible one-half of the members in each category at each 
appointment date.  Members may serve until their successors are 
appointed and qualify.  If a successor has not been appointed by 
the July 1 after the scheduled end of a member's term, the term 
of the member for whom a successor has not been appointed shall 
be extended until the first Monday in January four years after 
the scheduled end of the term. 
    Sec. 3.  Minnesota Statutes 1992, section 15.0597, 
subdivision 2, is amended to read: 
    Subd. 2.  [COLLECTION OF DATA.] The chair of an existing 
agency, or the appointing authority for the members of a newly 
created agency, shall provide the secretary, on forms prepared 
and distributed by the secretary, with the following data 
pertaining to that agency: 
    (a) (1) the name of the agency, its mailing address, and 
telephone number; 
    (b) (2) the legal authority for the creation of the agency 
and the name of the person appointing agency members; 
    (c) (3) the powers and duties of the agency; 
    (d) (4) the number of authorized members, together with any 
prescribed restrictions on eligibility such as employment 
experience or geographical representation; 
    (e) (5) the dates of commencement and expiration of the 
membership terms and the expiration date of the agency, if any; 
    (f) (6) the compensation of members, and appropriations or 
other funds available to the agency; 
    (g) (7) the regular meeting schedule, if any, and 
approximate number of hours per month of meetings or other 
activities required of members; 
    (h) (8) the roster of current members, including mailing 
addresses and telephone numbers; and 
    (i) (9) a breakdown of the membership showing distribution 
by county and, legislative district, and congressional district, 
and, only if the member has voluntarily supplied the 
information, the sex, political party preference or lack 
thereof, race, and national origin of the members. 
    Sec. 4.  Minnesota Statutes 1992, section 15.0597, 
subdivision 4, is amended to read: 
    Subd. 4.  [NOTICE OF VACANCIES.] The chair of an existing 
agency, shall notify the secretary of a vacancy scheduled to 
occur in the agency as a result of the expiration of membership 
terms at least 45 days before the vacancy occurs.  The chair of 
an existing agency shall give written notification to the 
secretary of each vacancy occurring as a result of newly created 
agency positions and of every other vacancy occurring for any 
reason other than the expiration of membership terms as soon as 
possible upon learning of the vacancy and in any case within 15 
days after the occurrence of the vacancy.  The appointing 
authority for newly created agencies shall give written 
notification to the secretary of all vacancies in the new agency 
within 15 days after the creation of the agency.  The secretary 
shall publish monthly in the State Register a list of all 
vacancies of which the secretary has been so notified.  Only one 
notice of a vacancy shall be so published, unless the appointing 
authority rejects all applicants and requests the secretary to 
republish the notice of vacancy.  One copy of the listing shall 
be made available at the office of the secretary to any 
interested person.  The secretary shall distribute by mail 
copies of the listings to requesting persons.  The listing for 
all vacancies scheduled to occur in the month of January shall 
be published in the State Register together with the compilation 
of agency data required to be published pursuant to subdivision 
3. 
    If a vacancy occurs within three months after an 
appointment is made to fill a regularly scheduled vacancy, the 
appointing authority may, upon notification to the secretary, 
fill the vacancy by appointment from the list of persons 
submitting applications to fill the regularly scheduled vacancy. 
    Sec. 5.  Minnesota Statutes 1992, section 15.0597, 
subdivision 7, is amended to read: 
    Subd. 7.  [REPORT.] Together with the compilation required 
in subdivision 3, the secretary shall annually deliver to the 
governor and the legislature a report containing the following 
information: 
    (a) (1) the number of vacancies occurring in the preceding 
year; 
    (b) (2) the number of vacancies occurring as a result of 
scheduled ends of terms, unscheduled vacancies and the creation 
of new positions; 
    (c) (3) breakdowns by county, legislative district, and 
congressional district, and, if known, the sex, political party 
preference or lack thereof, race, and national origin, for 
members whose agency membership terminated during the year and 
appointees to the vacant positions; and 
    (d) (4) the number of vacancies filled from applications 
submitted by (1) (i) the appointing authorities for the 
positions filled, (2) (ii) nominating persons and self-nominees 
who submitted applications at the suggestion of appointing 
authorities, and (3) (iii) all others. 
    Sec. 6.  Minnesota Statutes 1992, section 214.09, 
subdivision 2, is amended to read: 
    Subd. 2.  [MEMBERSHIP TERMS.] An appointment to a board 
must be made in the manner provided in section 15.0597.  The 
terms of the members shall be four years with the terms ending 
on the first Monday in January.  The appointing authority shall 
appoint as nearly as possible one-fourth of the members to terms 
expiring each year.  If the number of members is not evenly 
divisible by four, the greater number of members, as necessary, 
shall be appointed to terms expiring in the year of commencement 
of the governor's term and the year or years immediately 
thereafter.  If the number of terms which can be served by a 
member of a board is limited by law, a partial term must be 
counted for this purpose if the time served by a member is 
greater than one-half of the duration of the regular term.  If 
the membership is composed of categories of members from 
occupations, industries, political subdivisions, the public or 
other groupings of persons, and if the categories have two or 
more members each, the appointing authority shall appoint as 
nearly as possible one-fourth of the members in each category at 
each appointment date.  Members may serve until their successors 
are appointed and qualify.  If the appointing authority fails to 
appoint a successor by July 1 of the year in which the term 
expires, the term of the member for whom a successor has not 
been appointed shall extend until the first Monday in January 
four years after the scheduled end of the original term. 
    Presented to the governor April 30, 1993 
    Signed by the governor May 4, 1993, 2:57 p.m.