Bill Text: MN SF739 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Deputy commissioner and assistant commissioner positions reduction; legislative liaisons salary and expenses by state agencies prohibition
Sponsorship: Partisan Bill (Republican 3)
Status: (Introduced - Dead) 2011-05-09 - Comm report: To pass as amended and re-refer to Finance [SF739 Detail]
Download: Minnesota-2011-SF739-Engrossed.html
1.2relating to state government; reducing the number of deputy commissioners
1.3and eliminating assistant commissioner positions in the unclassified service;
1.4estimating reduction to general fund costs; amending Minnesota Statutes 2010,
1.5sections 15.057; 15.06, subdivision 8; 16B.03; 43A.08, subdivision 1; 45.013;
1.684.01, subdivision 3; 116.03, subdivision 1; 116J.01, subdivision 5; 116J.035,
1.7subdivision 4; 174.02, subdivision 2; 241.01, subdivision 2.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 15.057, is amended to read:
1.1015.057 PUBLICITY REPRESENTATIVES AND LEGISLATIVE LIAISONS.
1.11 Subdivision 1. Public representation. No state department, bureau, or division,
1.12whether the same operates on funds appropriated or receipts or fees of any nature
1.13whatsoever, except the Department of Transportation, the Department of Employment
1.14and Economic Development, the Game and Fish Division, State Agricultural Society, and
1.15Explore Minnesota Tourism shall use any of such funds for the payment of the salary or
1.16expenses of a publicity representative. The head of any such department, bureau, or
1.17division shall be personally liable for funds used contrary to this provision. Thissection
1.18subdivision shall not be construed, however, as preventing any such department, bureau,
1.19or division from sending out any bulletins or other publicity required by any state law or
1.20necessary for the satisfactory conduct of the business for which such department, bureau,
1.21or division was created.
1.22 Subd. 2. Legislative liaisons. No state agency may use any money appropriated
1.23to it for the salary or expenses of an individual serving as a liaison for the legislative
1.24affairs of the agency. This subdivision does not prevent any other employee of a state
2.1agency from providing information requested by legislators and providing testimony at
2.2legislative hearings.
2.3 Sec. 2. Minnesota Statutes 2010, section 15.06, subdivision 8, is amended to read:
2.4 Subd. 8. Number of deputy commissioners.Unless specifically authorized by
2.5statute, other than section
43A.08, subdivision 2
2.6Affairs, no department or agency specified in subdivision 1 shall have more than one
2.7deputy commissioner. No department or agency specified in subdivision 1 may employ an
2.8assistant commissioner.
2.9 Sec. 3. Minnesota Statutes 2010, section 16B.03, is amended to read:
2.1016B.03 APPOINTMENTS.
2.11The commissioner is authorized to appoint staff, includingtwo one deputy
2.12commissioners commissioner, in accordance with chapter 43A.
2.13 Sec. 4. Minnesota Statutes 2010, section 43A.08, subdivision 1, is amended to read:
2.14 Subdivision 1. Unclassified positions. Unclassified positions are held by employees
2.15who are:
2.16 (1) chosen by election or appointed to fill an elective office;
2.17 (2) heads of agencies required by law to be appointed by the governor or other
2.18elective officers, and the executive or administrative heads of departments, bureaus,
2.19divisions, and institutions specifically established by law in the unclassified service;
2.20 (3) deputyand assistant agency heads and one confidential secretary in the agencies
2.21listed insubdivision 1a and in the Office of Strategic and Long-Range Planning section
2.2215.06, subdivision 1;
2.23 (4) the confidential secretary to each of the elective officers of this state and, for the
2.24secretary of state and state auditor, an additional deputy, clerk, or employee;
2.25 (5) intermittent help employed by the commissioner of public safety to assist in
2.26the issuance of vehicle licenses;
2.27 (6) employees in the offices of the governor and of the lieutenant governor and one
2.28confidential employee for the governor in the Office of the Adjutant General;
2.29 (7) employees of the Washington, D.C., office of the state of Minnesota;
2.30 (8) employees of the legislature and of legislative committees or commissions;
2.31provided that employees of the Legislative Audit Commission, except for the legislative
2.32auditor, the deputy legislative auditors, and their confidential secretaries, shall be
2.33employees in the classified service;
3.1 (9) presidents, vice-presidents, deans, other managers and professionals in
3.2academic and academic support programs, administrative or service faculty, teachers,
3.3research assistants, and student employees eligible under terms of the federal Economic
3.4Opportunity Act work study program in the Perpich Center for Arts Education and the
3.5Minnesota State Colleges and Universities, but not the custodial, clerical, or maintenance
3.6employees, or any professional or managerial employee performing duties in connection
3.7with the business administration of these institutions;
3.8 (10) officers and enlisted persons in the National Guard;
3.9 (11) attorneys, legal assistants, and three confidential employees appointed by the
3.10attorney general or employed with the attorney general's authorization;
3.11 (12) judges and all employees of the judicial branch, referees, receivers, jurors, and
3.12notaries public, except referees and adjusters employed by the Department of Labor
3.13and Industry;
3.14 (13) members of the State Patrol; provided that selection and appointment of State
3.15Patrol troopers must be made in accordance with applicable laws governing the classified
3.16service;
3.17 (14) examination monitors and intermittent training instructors employed by the
3.18Departments of Management and Budget and Commerce and by professional examining
3.19boards and intermittent staff employed by the technical colleges for the administration of
3.20practical skills tests and for the staging of instructional demonstrations;
3.21 (15) student workers;
3.22 (16) executive directors or executive secretaries appointed by and reporting to any
3.23policy-making board or commission established by statute;
3.24 (17) employees unclassified pursuant to other statutory authority;
3.25 (18) intermittent help employed by the commissioner of agriculture to perform
3.26duties relating to pesticides, fertilizer, and seed regulation;
3.27 (19) the administrators and the deputy administrators at the State Academies for the
3.28Deaf and the Blind; and
3.29 (20) chief executive officers in the Department of Human Services.
3.30 Sec. 5. Minnesota Statutes 2010, section 45.013, is amended to read:
3.3145.013 POWER TO APPOINT STAFF.
3.32The commissioner of commerce may appointfour one deputy commissioners, four
3.33assistant commissioners, and an assistant to the commissioner. Those positions, as well as
3.34that of and a confidential secretary, are in the unclassified service. The commissioner may
4.1appoint other employees necessary to carry out the duties and responsibilities entrusted to
4.2the commissioner.
4.3 Sec. 6. Minnesota Statutes 2010, section 84.01, subdivision 3, is amended to read:
4.4 Subd. 3. Employees; delegation.Subject to the provisions of Laws 1969, chapter
4.51129, and to other applicable laws The commissioner shall organize the department and
4.6employup to three assistant commissioners, each of whom shall serve at the pleasure of
4.7the commissioner in the unclassified service, one of whom shall have responsibility for
4.8coordinating and directing the planning of every division within the agency, and such other
4.9officers, employees, and agents as the commissioner may deem necessary to discharge the
4.10functions of the department, define the duties of such officers, employees, and agents and
4.11to delegate to them any of the commissioner's powers, duties, and responsibilities subject
4.12to the control of, and under the conditions prescribed by, the commissioner. Appointments
4.13to exercise delegated power shall be by written order filed with the secretary of state.
4.14 Sec. 7. Minnesota Statutes 2010, section 116.03, subdivision 1, is amended to read:
4.15 Subdivision 1. Office. (a) The office of commissioner of the Pollution Control
4.16Agency is created and is under the supervision and control of the commissioner, who is
4.17appointed by the governor under the provisions of section15.06 .
4.18(b) The commissioner may appoint a deputy commissionerand assistant
4.19commissioners who shall be in the unclassified service.
4.20(c) The commissioner shall make all decisions on behalf of the agency that are not
4.21required to be made by the agency under section116.02 .
4.22 Sec. 8. Minnesota Statutes 2010, section 116J.01, subdivision 5, is amended to read:
4.23 Subd. 5. Departmental organization. (a) The commissioner shall organize the
4.24department as provided in section15.06 .
4.25(b) The commissioner may establish divisions and offices within the department.
4.26The commissioner may employ four deputy commissioners in the unclassified service.
4.27(c) The commissioner shall:
4.28(1) employ assistants and other officers, employees, and agents that the commissioner
4.29considers necessary to discharge the functions of the commissioner's office;
4.30(2) define the duties of the officers, employees, and agents, and delegate to them any
4.31of the commissioner's powers, duties, and responsibilities, subject to the commissioner's
4.32control and under conditions prescribed by the commissioner.
5.1(d) The commissioner shall ensure that there are at least three employment and
5.2economic development officers in state offices in nonmetropolitan areas of the state who
5.3will work with local units of government on developing local employment and economic
5.4development.
5.5 Sec. 9. Minnesota Statutes 2010, section 116J.035, subdivision 4, is amended to read:
5.6 Subd. 4. Delegation of powers. The commissioner may delegate, in written orders
5.7filed with the secretary of state, any powers or duties subject to the commissioner's
5.8control to officers and employees in the department. Regardless of any other law, the
5.9commissioner may delegate the execution of specific contracts or specific types of
5.10contracts to the commissioner'sdeputies, an assistant commissioner, deputy or a program
5.11director if the delegation has been approved by the commissioner of administration and
5.12filed with the secretary of state.
5.13 Sec. 10. Minnesota Statutes 2010, section 174.02, subdivision 2, is amended to read:
5.14 Subd. 2. Unclassified positions. The commissioner mayestablish four positions
5.15in the unclassified service at the appoint a deputy and assistant commissioner, assistant
5.16to commissioner or and a personal secretary levels. No more than two of these positions
5.17shall be at the deputy commissioner level in the unclassified service.
5.18 Sec. 11. Minnesota Statutes 2010, section 241.01, subdivision 2, is amended to read:
5.19 Subd. 2.Deputies Deputy. The commissioner of corrections may appoint and
5.20employno more than two a deputy commissioners commissioner. The commissioner may
5.21also appoint a personal secretary, who shall serve at the commissioner's pleasure in the
5.22unclassified civil service.
5.23 Sec. 12. REDUCTION.
5.24The total reduction to general fund costs from salaries and economic benefits
5.25attributable to the positions eliminated by sections 1 to 10 is estimated to be at least
5.26$3,871,000 for the fiscal year ending June 30, 2012, and at least $3,871,000 for the fiscal
5.27year ending June 30, 2013.
1.3and eliminating assistant commissioner positions in the unclassified service;
1.4estimating reduction to general fund costs; amending Minnesota Statutes 2010,
1.5sections 15.057; 15.06, subdivision 8; 16B.03; 43A.08, subdivision 1; 45.013;
1.684.01, subdivision 3; 116.03, subdivision 1; 116J.01, subdivision 5; 116J.035,
1.7subdivision 4; 174.02, subdivision 2; 241.01, subdivision 2.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 15.057, is amended to read:
1.1015.057 PUBLICITY REPRESENTATIVES AND LEGISLATIVE LIAISONS.
1.11 Subdivision 1. Public representation. No state department, bureau, or division,
1.12whether the same operates on funds appropriated or receipts or fees of any nature
1.13whatsoever, except the Department of Transportation, the Department of Employment
1.14and Economic Development, the Game and Fish Division, State Agricultural Society, and
1.15Explore Minnesota Tourism shall use any of such funds for the payment of the salary or
1.16expenses of a publicity representative. The head of any such department, bureau, or
1.17division shall be personally liable for funds used contrary to this provision. This
1.18subdivision shall not be construed, however, as preventing any such department, bureau,
1.19or division from sending out any bulletins or other publicity required by any state law or
1.20necessary for the satisfactory conduct of the business for which such department, bureau,
1.21or division was created.
1.22 Subd. 2. Legislative liaisons. No state agency may use any money appropriated
1.23to it for the salary or expenses of an individual serving as a liaison for the legislative
1.24affairs of the agency. This subdivision does not prevent any other employee of a state
2.1agency from providing information requested by legislators and providing testimony at
2.2legislative hearings.
2.3 Sec. 2. Minnesota Statutes 2010, section 15.06, subdivision 8, is amended to read:
2.4 Subd. 8. Number of deputy commissioners.
2.5
2.6Affairs, no department or agency specified in subdivision 1 shall have more than one
2.7deputy commissioner. No department or agency specified in subdivision 1 may employ an
2.8assistant commissioner.
2.9 Sec. 3. Minnesota Statutes 2010, section 16B.03, is amended to read:
2.1016B.03 APPOINTMENTS.
2.11The commissioner is authorized to appoint staff, including
2.12
2.13 Sec. 4. Minnesota Statutes 2010, section 43A.08, subdivision 1, is amended to read:
2.14 Subdivision 1. Unclassified positions. Unclassified positions are held by employees
2.15who are:
2.16 (1) chosen by election or appointed to fill an elective office;
2.17 (2) heads of agencies required by law to be appointed by the governor or other
2.18elective officers, and the executive or administrative heads of departments, bureaus,
2.19divisions, and institutions specifically established by law in the unclassified service;
2.20 (3) deputy
2.21listed in
2.2215.06, subdivision 1;
2.23 (4) the confidential secretary to each of the elective officers of this state and, for the
2.24secretary of state and state auditor, an additional deputy, clerk, or employee;
2.25 (5) intermittent help employed by the commissioner of public safety to assist in
2.26the issuance of vehicle licenses;
2.27 (6) employees in the offices of the governor and of the lieutenant governor and one
2.28confidential employee for the governor in the Office of the Adjutant General;
2.29 (7) employees of the Washington, D.C., office of the state of Minnesota;
2.30 (8) employees of the legislature and of legislative committees or commissions;
2.31provided that employees of the Legislative Audit Commission, except for the legislative
2.32auditor, the deputy legislative auditors, and their confidential secretaries, shall be
2.33employees in the classified service;
3.1 (9) presidents, vice-presidents, deans, other managers and professionals in
3.2academic and academic support programs, administrative or service faculty, teachers,
3.3research assistants, and student employees eligible under terms of the federal Economic
3.4Opportunity Act work study program in the Perpich Center for Arts Education and the
3.5Minnesota State Colleges and Universities, but not the custodial, clerical, or maintenance
3.6employees, or any professional or managerial employee performing duties in connection
3.7with the business administration of these institutions;
3.8 (10) officers and enlisted persons in the National Guard;
3.9 (11) attorneys, legal assistants, and three confidential employees appointed by the
3.10attorney general or employed with the attorney general's authorization;
3.11 (12) judges and all employees of the judicial branch, referees, receivers, jurors, and
3.12notaries public, except referees and adjusters employed by the Department of Labor
3.13and Industry;
3.14 (13) members of the State Patrol; provided that selection and appointment of State
3.15Patrol troopers must be made in accordance with applicable laws governing the classified
3.16service;
3.17 (14) examination monitors and intermittent training instructors employed by the
3.18Departments of Management and Budget and Commerce and by professional examining
3.19boards and intermittent staff employed by the technical colleges for the administration of
3.20practical skills tests and for the staging of instructional demonstrations;
3.21 (15) student workers;
3.22 (16) executive directors or executive secretaries appointed by and reporting to any
3.23policy-making board or commission established by statute;
3.24 (17) employees unclassified pursuant to other statutory authority;
3.25 (18) intermittent help employed by the commissioner of agriculture to perform
3.26duties relating to pesticides, fertilizer, and seed regulation;
3.27 (19) the administrators and the deputy administrators at the State Academies for the
3.28Deaf and the Blind; and
3.29 (20) chief executive officers in the Department of Human Services.
3.30 Sec. 5. Minnesota Statutes 2010, section 45.013, is amended to read:
3.3145.013 POWER TO APPOINT STAFF.
3.32The commissioner of commerce may appoint
3.33
3.34
4.1appoint other employees necessary to carry out the duties and responsibilities entrusted to
4.2the commissioner.
4.3 Sec. 6. Minnesota Statutes 2010, section 84.01, subdivision 3, is amended to read:
4.4 Subd. 3. Employees; delegation.
4.5
4.6employ
4.7
4.8
4.9officers, employees, and agents as the commissioner may deem necessary to discharge the
4.10functions of the department, define the duties of such officers, employees, and agents and
4.11to delegate to them any of the commissioner's powers, duties, and responsibilities subject
4.12to the control of, and under the conditions prescribed by, the commissioner. Appointments
4.13to exercise delegated power shall be by written order filed with the secretary of state.
4.14 Sec. 7. Minnesota Statutes 2010, section 116.03, subdivision 1, is amended to read:
4.15 Subdivision 1. Office. (a) The office of commissioner of the Pollution Control
4.16Agency is created and is under the supervision and control of the commissioner, who is
4.17appointed by the governor under the provisions of section
4.18(b) The commissioner may appoint a deputy commissioner
4.19
4.20(c) The commissioner shall make all decisions on behalf of the agency that are not
4.21required to be made by the agency under section
4.22 Sec. 8. Minnesota Statutes 2010, section 116J.01, subdivision 5, is amended to read:
4.23 Subd. 5. Departmental organization. (a) The commissioner shall organize the
4.24department as provided in section
4.25(b) The commissioner may establish divisions and offices within the department.
4.26
4.27(c) The commissioner shall:
4.28(1) employ assistants and other officers, employees, and agents that the commissioner
4.29considers necessary to discharge the functions of the commissioner's office;
4.30(2) define the duties of the officers, employees, and agents, and delegate to them any
4.31of the commissioner's powers, duties, and responsibilities, subject to the commissioner's
4.32control and under conditions prescribed by the commissioner.
5.1(d) The commissioner shall ensure that there are at least three employment and
5.2economic development officers in state offices in nonmetropolitan areas of the state who
5.3will work with local units of government on developing local employment and economic
5.4development.
5.5 Sec. 9. Minnesota Statutes 2010, section 116J.035, subdivision 4, is amended to read:
5.6 Subd. 4. Delegation of powers. The commissioner may delegate, in written orders
5.7filed with the secretary of state, any powers or duties subject to the commissioner's
5.8control to officers and employees in the department. Regardless of any other law, the
5.9commissioner may delegate the execution of specific contracts or specific types of
5.10contracts to the commissioner's
5.11director if the delegation has been approved by the commissioner of administration and
5.12filed with the secretary of state.
5.13 Sec. 10. Minnesota Statutes 2010, section 174.02, subdivision 2, is amended to read:
5.14 Subd. 2. Unclassified positions. The commissioner may
5.15
5.16
5.17
5.18 Sec. 11. Minnesota Statutes 2010, section 241.01, subdivision 2, is amended to read:
5.19 Subd. 2.
5.20employ
5.21also appoint a personal secretary, who shall serve at the commissioner's pleasure in the
5.22unclassified civil service.
5.23 Sec. 12. REDUCTION.
5.24The total reduction to general fund costs from salaries and economic benefits
5.25attributable to the positions eliminated by sections 1 to 10 is estimated to be at least
5.26$3,871,000 for the fiscal year ending June 30, 2012, and at least $3,871,000 for the fiscal
5.27year ending June 30, 2013.
