HF 503

as introduced - 87th Legislature (2011 - 2012) Posted on 02/14/2011 11:04am

A bill for an act
relating to natural resources; exempting certain land management activities from
contracting restrictions; modifying the mission of the Department of Natural
Resources; amending Minnesota Statutes 2010, sections 16C.09; 43A.047;
84.027, subdivision 14.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 16C.09, is amended to read:

16C.09 PROCEDURE FOR SERVICE CONTRACTS.

(a) Before entering into or approving a service contract, the commissioner must
determine, at least, that:

(1) no current state employee is able and available to perform the services called
for by the contract;

(2) the work to be performed under the contract is necessary to the agency's
achievement of its statutory responsibilities and there is statutory authority to enter into
the contract;

(3) the contract will not establish an employment relationship between the state or
the agency and any persons performing under the contract;

(4) the contractor and agents are not employees of the state;

(5) the contracting agency has specified a satisfactory method of evaluating and
using the results of the work to be performed; and

(6) the combined contract and amendments will not exceed five years without
specific, written approval by the commissioner according to established policy, procedures,
and standards, or unless otherwise provided for by law. The term of the original contract
must not exceed two years, unless the commissioner determines that a longer duration is
in the best interest of the state.

(b) For purposes of paragraph (a), clause (1), employees are available if qualified
and:

(1) are already doing the work in question; or

(2) are on layoff status in classes that can do the work in question.

An employee is not available if the employee is doing other work, is retired, or has decided
not to do the work in question.

(c) This section does not apply to an agency's use of inmates pursuant to sections
241.20 to 241.23 or to an agency's use of persons required by a court to provide:

(1) community service; or

(2) conservation or maintenance services on lands under the jurisdiction and control
of the state.

new text begin (d) Paragraph (a), clause (1), does not apply to conservation or maintenance services
on lands administered by the commissioner of natural resources.
new text end

Sec. 2.

Minnesota Statutes 2010, section 43A.047, is amended to read:

43A.047 CONTRACTED SERVICES.

(a) Executive agencies, including the Minnesota State Colleges and Universities
system, must demonstrate that they cannot use available staff before hiring outside
consultants or services. If use of consultants is necessary, agencies are encouraged to
negotiate contracts that will involve permanent staff, so as to upgrade and maximize
training of state employees.

(b) If agencies reduce operating budgets, agencies must give priority to reducing
spending on professional and technical service contracts before laying off permanent
employees.

(c) This section does not apply to new text begin :
new text end

new text begin (1) conservation or maintenance services on lands administered by the commissioner
of natural resources;
new text end

new text begin (2) new text end an agency's use of inmates pursuant to sections 241.20 to 241.23 new text begin ; new text end or deleted text begin to
deleted text end

new text begin (3) new text end an agency's use of persons required by a court to provide:

deleted text begin (1) deleted text end new text begin (i) new text end community service; or

deleted text begin (2) deleted text end new text begin (ii) new text end conservation or maintenance services on lands under the jurisdiction and
control of the state.

Sec. 3.

Minnesota Statutes 2010, section 84.027, subdivision 14, is amended to read:

Subd. 14.

Mission; efficiency.

It is part of the department's mission that within the
department's resources the commissioner shall endeavor to:

(1) prevent the waste or unnecessary spending of public money;

(2) use innovative fiscal and human resource practices to manage the state's
resources and operate the department as efficiently as possible;

(3) coordinate the department's activities wherever appropriate with the activities
of other governmental agencies;

(4) use technology where appropriate to increase agency productivity, improve
customer service, increase public access to information about government, and increase
public participation in the business of government;

(5) utilize constructive and cooperative labor-management practices to the extent
otherwise required by chapters 43A and 179A;

(6) new text begin develop cost-effective land management strategies that utilize public and private
partnerships while maintaining sound natural resource conservation and management
principles;
new text end

new text begin (7) new text end report to the legislature on the performance of agency operations and the
accomplishment of agency goals in the agency's biennial budget according to section
16A.10, subdivision 1; and

deleted text begin (7) deleted text end new text begin (8) new text end recommend to the legislature appropriate changes in law necessary to carry
out the mission and improve the performance of the department.