1.1                          A bill for an act 
  1.2             relating to state agencies; abolishing positions of 
  1.3             deputy commissioner and unclassified assistant 
  1.4             commissioner; amending Minnesota Statutes 2002, 
  1.5             sections 15.06, subdivisions 6, 9; 16A.01, subdivision 
  1.6             3; 16B.03; 17.01; 43A.03, subdivision 3; 45.013; 
  1.7             84.01, subdivisions 2, 3; 116.03, subdivision 1; 
  1.8             116J.01, subdivision 5; 174.02, subdivision 2; 
  1.9             175.001, subdivision 1; 241.01, subdivision 2; 245.03, 
  1.10            subdivision 1; 268.0121, subdivision 4; 270.02, 
  1.11            subdivision 3; 299A.01, subdivision 1; repealing 
  1.12            Minnesota Statutes 2002, sections 15.06, subdivisions 
  1.13            7, 8; 17.013; 43A.03, subdivision 4; 116J.01, 
  1.14            subdivision 4; 190.08, subdivision 1; 196.021; 363.04, 
  1.15            subdivision 2. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 2002, section 15.06, 
  1.18  subdivision 6, is amended to read: 
  1.19     Subd. 6.  [GENERAL POWERS OF COMMISSIONERS.] Except as 
  1.20  otherwise expressly provided by law, a commissioner shall have 
  1.21  the following powers: 
  1.22     (1) to delegate to any subordinate employee the exercise of 
  1.23  specified statutory powers or duties as the commissioner may 
  1.24  deem advisable, subject to the commissioner's control; provided, 
  1.25  that every delegation shall be made by written order, filed with 
  1.26  the secretary of state; ~~and further provided that only a deputy~~ 
  1.27  ~~commissioner may have all the powers or duties of the~~ 
  1.28  ~~commissioner;~~ 
  1.29     (2) to appoint all subordinate employees and to prescribe 
  1.30  their duties; provided, that all departments and agencies shall 
  2.1   be subject to the provisions of chapter 43A; 
  2.2      (3) with the approval of the commissioner of 
  2.3   administration, to organize the department or agency as deemed 
  2.4   advisable in the interest of economy and efficiency; and 
  2.5      (4) to prescribe procedures for the internal management of 
  2.6   the department or agency to the extent that the procedures do 
  2.7   not directly affect the rights of or procedure available to the 
  2.8   public. 
  2.9      Sec. 2.  Minnesota Statutes 2002, section 15.06, 
  2.10  subdivision 9, is amended to read: 
  2.11     Subd. 9.  [PRIVATE EMPLOYMENT.] No former commissioner ~~or~~ 
  2.12  ~~deputy commissioner~~ may, within one year after leaving the 
  2.13  position of commissioner ~~or deputy commissioner~~ in a department 
  2.14  or agency, appear or participate in proceedings of that 
  2.15  department or agency representing the interests of private 
  2.16  persons. 
  2.17     Sec. 3.  Minnesota Statutes 2002, section 16A.01, 
  2.18  subdivision 3, is amended to read: 
  2.19     Subd. 3.  [~~DEPUTY;~~ CONFIDENTIAL SECRETARY.] The 
  2.20  commissioner may appoint a ~~deputy and a~~ confidential secretary.  
  2.21  ~~Each~~ The confidential secretary serves at the commissioner's 
  2.22  pleasure in the unclassified service. 
  2.23     Sec. 4.  Minnesota Statutes 2002, section 16B.03, is 
  2.24  amended to read: 
  2.25     16B.03 [APPOINTMENTS.] 
  2.26     The commissioner is authorized to appoint staff~~, including~~ 
  2.27  ~~two deputy commissioners,~~ in accordance with chapter 43A.  
  2.28     Sec. 5.  Minnesota Statutes 2002, section 17.01, is amended 
  2.29  to read: 
  2.30     17.01 [CREATION OF DEPARTMENT; COMMISSIONER~~; DEPUTY~~.] 
  2.31     There is created a department of agriculture, which shall 
  2.32  be in the charge of a commissioner of agriculture, in this 
  2.33  chapter called the commissioner, who shall be appointed by the 
  2.34  governor under the provisions of section 15.06.  Before entering 
  2.35  upon the duties of office, the commissioner shall take the oath 
  2.36  required of state officials.  ~~The commissioner may appoint a~~ 
  3.1   ~~deputy commissioner.~~ 
  3.2      Sec. 6.  Minnesota Statutes 2002, section 43A.03, 
  3.3   subdivision 3, is amended to read: 
  3.4      Subd. 3.  [ORGANIZATION.] The department shall be organized 
  3.5   into two bureaus which shall be designated the personnel bureau 
  3.6   and the labor relations bureau.  Each bureau shall be 
  3.7   responsible for administering the duties and functions assigned 
  3.8   to it by law.  When the duties of the bureaus are not mandated 
  3.9   by law, the commissioner may establish and revise the 
  3.10  assignments of either bureau.  ~~Each bureau shall be under the~~ 
  3.11  ~~direction of a deputy commissioner.~~  
  3.12     Sec. 7.  Minnesota Statutes 2002, section 45.013, is 
  3.13  amended to read: 
  3.14     45.013 [POWER TO APPOINT STAFF.] 
  3.15     The commissioner of commerce may appoint ~~four deputy~~ 
  3.16  ~~commissioners, four assistant commissioners, and~~ an assistant to 
  3.17  the commissioner.  ~~Those positions~~ That position, as well as 
  3.18  that of a confidential secretary, ~~are~~ is unclassified.  The 
  3.19  commissioner may appoint other employees necessary to carry out 
  3.20  the duties and responsibilities entrusted to the commissioner.  
  3.21     Sec. 8.  Minnesota Statutes 2002, section 84.01, 
  3.22  subdivision 2, is amended to read: 
  3.23     Subd. 2.  [APPOINTMENTS.] The commissioner of natural 
  3.24  resources is appointed by the governor under the provisions of 
  3.25  section 15.06.  ~~The commissioner may appoint a deputy~~ 
  3.26  ~~commissioner.~~ 
  3.27     Sec. 9.  Minnesota Statutes 2002, section 84.01, 
  3.28  subdivision 3, is amended to read: 
  3.29     Subd. 3.  [EMPLOYEES; DELEGATION.] Subject to the 
  3.30  provisions of Laws 1969, chapter 1129, and to other applicable 
  3.31  laws the commissioner shall organize the department and employ 
  3.32  ~~three assistant commissioners, each of whom shall serve at the~~ 
  3.33  ~~pleasure of the commissioner in the unclassified service, one of~~ 
  3.34  ~~whom shall have responsibility for coordinating and directing~~ 
  3.35  ~~the planning of every division within the agency, and such other~~ 
  3.36  officers, employees, and agents as the commissioner may deem 
  4.1   necessary to discharge the functions of the department, define 
  4.2   the duties of such officers, employees, and agents and to 
  4.3   delegate to them any of the commissioner's powers, duties, and 
  4.4   responsibilities subject to the control of, and under the 
  4.5   conditions prescribed by, the commissioner.  Appointments to 
  4.6   exercise delegated power shall be by written order filed with 
  4.7   the secretary of state. 
  4.8      Sec. 10.  Minnesota Statutes 2002, section 116.03, 
  4.9   subdivision 1, is amended to read: 
  4.10     Subdivision 1.  [OFFICE.] (a) The office of commissioner of 
  4.11  the pollution control agency is created and is under the 
  4.12  supervision and control of the commissioner, who is appointed by 
  4.13  the governor under the provisions of section 15.06. 
  4.14     (b) ~~The commissioner may appoint a deputy commissioner and~~ 
  4.15  ~~assistant commissioners who shall be in the unclassified service.~~
  4.16     ~~(c)~~ The commissioner shall make all decisions on behalf of 
  4.17  the agency that are not required to be made by the agency under 
  4.18  section 116.02. 
  4.19     Sec. 11.  Minnesota Statutes 2002, section 116J.01, 
  4.20  subdivision 5, is amended to read: 
  4.21     Subd. 5.  [DEPARTMENTAL ORGANIZATION.] (a) The commissioner 
  4.22  shall organize the department as provided in section 15.06.  
  4.23     (b) The commissioner may establish divisions and offices 
  4.24  within the department.  ~~The commissioner may employ four deputy~~ 
  4.25  ~~commissioners in the unclassified service.  One deputy must~~ 
  4.26  ~~direct the Minnesota trade office and must be experienced and~~ 
  4.27  ~~knowledgeable in matters of international trade.  One must~~ 
  4.28  ~~direct the office of tourism and be knowledgeable in matters of~~ 
  4.29  ~~tourism.~~  
  4.30     (c) The commissioner shall: 
  4.31     (1) employ assistants and other officers, employees, and 
  4.32  agents that the commissioner considers necessary to discharge 
  4.33  the functions of the commissioner's office; 
  4.34     (2) define the duties of the officers, employees, and 
  4.35  agents, and delegate to them any of the commissioner's powers, 
  4.36  duties, and responsibilities, subject to the commissioner's 
  5.1   control and under conditions prescribed by the commissioner.  
  5.2      (d) The commissioner shall ensure that there are at least 
  5.3   three trade and economic development officers in state offices 
  5.4   in nonmetropolitan areas of the state who will work with local 
  5.5   units of government on developing local trade and economic 
  5.6   development. 
  5.7      Sec. 12.  Minnesota Statutes 2002, section 174.02, 
  5.8   subdivision 2, is amended to read: 
  5.9      Subd. 2.  [UNCLASSIFIED POSITIONS.] The commissioner may 
  5.10  establish ~~four~~ two positions in the unclassified service at the 
  5.11  ~~deputy and assistant commissioner,~~ assistant to commissioner or 
  5.12  personal secretary levels.  ~~No more than two of these positions~~ 
  5.13  ~~shall be at the deputy commissioner level.~~ 
  5.14     Sec. 13.  Minnesota Statutes 2002, section 175.001, 
  5.15  subdivision 1, is amended to read: 
  5.16     Subdivision 1.  [CREATION AND ORGANIZATION.] The department 
  5.17  of labor and industry is created under the supervision and 
  5.18  control of the commissioner of labor and industry which office 
  5.19  is hereby established.  The commissioner of labor and industry 
  5.20  shall be appointed by the governor under the provisions of 
  5.21  section 15.06.  ~~There shall be one deputy commissioner in the~~ 
  5.22  ~~department.~~ 
  5.23     Sec. 14.  Minnesota Statutes 2002, section 241.01, 
  5.24  subdivision 2, is amended to read: 
  5.25     Subd. 2.  [DIVISIONS~~; DEPUTIES~~.] The commissioner of 
  5.26  corrections may appoint and employ ~~no more than two deputy~~ 
  5.27  ~~commissioners.  The commissioner may also appoint~~ a personal 
  5.28  secretary, who shall serve at the commissioner's pleasure in the 
  5.29  unclassified civil service. 
  5.30     Sec. 15.  Minnesota Statutes 2002, section 245.03, 
  5.31  subdivision 1, is amended to read: 
  5.32     Subdivision 1.  [ESTABLISHMENT.] There is created a 
  5.33  department of human services.  A commissioner of human services 
  5.34  shall be appointed by the governor under the provisions of 
  5.35  section 15.06.  The commissioner shall be selected on the basis 
  5.36  of ability and experience in welfare and without regard to 
  6.1   political affiliations.  ~~The commissioner shall appoint a deputy~~ 
  6.2   ~~commissioner.~~ 
  6.3      Sec. 16.  Minnesota Statutes 2002, section 268.0121, 
  6.4   subdivision 4, is amended to read: 
  6.5      Subd. 4.  [DELEGATION OF POWERS.] The commissioner may 
  6.6   delegate, in written orders filed with the secretary of state, 
  6.7   any powers or duties subject to the commissioner's control to 
  6.8   officers and employees in the department.  Regardless of any 
  6.9   other law, the commissioner may delegate the execution of 
  6.10  specific contracts or specific types of contracts to ~~the~~ 
  6.11  ~~commissioner's deputies, an assistant commissioner, or~~ a program 
  6.12  director if the delegation has been approved by the commissioner 
  6.13  of administration and filed with the secretary of state. 
  6.14     Sec. 17.  Minnesota Statutes 2002, section 270.02, 
  6.15  subdivision 3, is amended to read: 
  6.16     Subd. 3.  [POWERS, ORGANIZATION, ASSISTANTS.] Subject to 
  6.17  the provisions of this chapter and other applicable laws the 
  6.18  commissioner shall have power to organize the department with 
  6.19  such divisions and other agencies as the commissioner deems 
  6.20  necessary and to appoint ~~one deputy commissioner,~~ a department 
  6.21  secretary, directors of divisions, and such other officers, 
  6.22  employees, and agents as the commissioner may deem necessary to 
  6.23  discharge the functions of the department, define the duties of 
  6.24  such officers, employees, and agents, and delegate to them any 
  6.25  of the commissioner's powers or duties, subject to the 
  6.26  commissioner's control and under such conditions as the 
  6.27  commissioner may prescribe.  Appointments to exercise delegated 
  6.28  power to sign documents which require the signature of the 
  6.29  commissioner or a delegate by law shall be by written order 
  6.30  filed with the secretary of state. 
  6.31     Sec. 18.  Minnesota Statutes 2002, section 299A.01, 
  6.32  subdivision 1, is amended to read: 
  6.33     Subdivision 1.  [CREATION; COMMISSIONER ~~AND DEPUTY~~ 
  6.34  ~~COMMISSIONER~~.] The department of public safety is created under 
  6.35  the supervision and control of the commissioner of public 
  6.36  safety, which office is established.  The commissioner of public 
  7.1   safety is appointed by the governor under the provisions of 
  7.2   section 15.06.  ~~The commissioner may appoint a deputy~~ 
  7.3   ~~commissioner.~~ 
  7.4      Sec. 19.  [REPEALER.] 
  7.5      Minnesota Statutes 2002, sections 15.06, subdivisions 7 and 
  7.6   8; 17.013; 43A.03, subdivision 4; 116J.01, subdivision 4; 
  7.7   190.08, subdivision 1; 196.021; and 363.04, subdivision 2, are 
  7.8   repealed.