Minnesota Legislature
HF 1750
1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/23/2023 03:46pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/14/2023 | |
| 1st Engrossment | Posted on 03/23/2023 |
Current Version - 1st Engrossment
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A bill for an act
relating to state government; making changes to data practices; establishing the
Office of Collaboration and Dispute Resolution; establishing the Office of
Enterprise Sustainability; removing an expired report on state government use of
eligible contractors; modifying provisions for historic properties; amending
Minnesota Statutes 2022, sections 13.04, subdivision 4; 16B.58, by adding a
subdivision; 16C.36; 138.081, subdivision 3; 138.665, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapter 16B; repealing Minnesota
Statutes 2022, sections 16B.24, subdivision 13; 179.90; 179.91.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 13.04, subdivision 4, is amended to read:
Subd. 4.
Procedure when data is not accurate or complete.
(a) An individual subject
of the data may contest the accuracy or completeness of public or private datanew text begin about
themselvesnew text end .
new text begin (b)new text end To exercise this right, an individual shall notify in writing the responsible authoritynew text begin
of the government entity that maintains the data,new text end describing the nature of the disagreement.
new text begin (c) Upon receiving notification from the data subject,new text end the responsible authority shall
within 30 days either:
(1) correct the data found to be inaccurate or incomplete and attempt to notify past
recipients of inaccurate or incomplete data, including recipients named by the individual;
or
(2) notify the individual that the new text begin responsible new text end authority deleted text begin believesdeleted text end new text begin has determinednew text end the data
to be correct.new text begin If the challenged data are determined to be accurate or complete, the responsible
authority shall inform the individual of the right to appeal the determination to the
commissioner under this section.new text end Data in dispute shall be disclosed only if the individual's
statement of disagreement is included with the disclosed data.
new text begin (d) A data subject may appeal new text end the determination of the responsible authority deleted text begin may be
appealeddeleted text end pursuant to the provisions of the Administrative Procedure Act relating to contested
cases. new text begin An individual must submit an appeal to the commissioner within 60 days of the
responsible authority's notice of the right to appeal or as otherwise provided by the rules of
the commissioner. new text end Upon receipt of an appeal by an individual, the commissioner shall,
before issuing the order and notice of a contested case hearing required by chapter 14, try
to resolve the dispute through education, conference, conciliation, or persuasion. If the
parties consent, the commissioner may refer the matter to mediation. Following these efforts,
the commissioner shall dismiss the appeal or issue the order and notice of hearing.
new text begin
(e) The commissioner may dismiss an appeal without first attempting to resolve the
dispute or before issuing an order and notice of a contested case hearing if:
new text end
new text begin
(1) the appeal to the commissioner is not timely;
new text end
new text begin
(2) the appeal concerns data previously presented as evidence in a court proceeding in
which the data subject was a party; or
new text end
new text begin
(3) the individual making the appeal is not the subject of the data challenged as inaccurate
or incomplete.
new text end
deleted text begin (b)deleted text end new text begin (f)new text end Data on individuals that have been successfully challenged by an individual must
be completed, corrected, or destroyed by a government entity without regard to the
requirements of section 138.17.
new text begin (g) new text end After completing, correcting, or destroying successfully challenged data, a government
entity may retain a copy of the commissioner of administration's order issued under chapter
14 or, if no order were issued, a summary of the dispute between the parties that does not
contain any particulars of the successfully challenged data.
Sec. 2.
new text begin
[16B.361] OFFICE OF COLLABORATION AND DISPUTE RESOLUTION.
new text end
new text begin Subdivision 1. new text end
new text begin Duties of the office. new text end
new text begin
The commissioner of administration shall maintain
the Office of Collaboration and Dispute Resolution within the Department of Administration.
The office must:
new text end
new text begin
(1) assist state agencies; offices of the executive, legislative, and judicial branches; Tribal
governments; and units of local government in improving collaboration, dispute resolution,
and public engagement;
new text end
new text begin
(2) promote and utilize collaborative dispute resolution models and processes based on
documented best practices to foster trust, relationships, mutual understanding,
consensus-based resolutions, and wise and durable solutions, including but not limited to:
new text end
new text begin
(i) using established criteria and procedures for identifying and assessing collaborative
dispute resolution projects;
new text end
new text begin
(ii) designing collaborative dispute resolution processes;
new text end
new text begin
(iii) preparing and training participants; and
new text end
new text begin
(iv) facilitating meetings and group processes using collaborative techniques and
approaches;
new text end
new text begin
(3) support collaboration and dispute resolution in the public and private sectors by
providing technical assistance and information on best practices and new developments in
dispute resolution fields;
new text end
new text begin
(4) build capacity and educate the public and government entities on collaboration,
dispute resolution approaches, and public engagement;
new text end
new text begin
(5) promote the broad use of community mediation in the state; and
new text end
new text begin
(6) ensure that all areas of the state have access to services by providing grants to private
nonprofit entities certified by the state court administrator under chapter 494 that assist in
resolution of disputes.
new text end
new text begin Subd. 2. new text end
new text begin Awarding grants to assist in resolution of disputes. new text end
new text begin
(a) The commissioner
shall, to the extent funds are appropriated for this purpose, make grants to private nonprofit
community mediation entities certified by the state court administrator under chapter 494
that assist in resolution of disputes under subdivision 1, clause (6). The commissioner shall
establish a grant review committee to assist in the review of grant applications and the
allocation of grants under this section.
new text end
new text begin
(b) To be eligible for a grant under this section, a nonprofit organization must meet the
requirements of section 494.05, subdivision 1, clauses (1), (2), (4), and (5).
new text end
new text begin
(c) A nonprofit entity receiving a grant must agree to comply with guidelines adopted
by the state court administrator under section 494.015, subdivision 1. Policies adopted under
sections 16B.97 and 16B.98 apply to grants under this section. The exclusions in section
494.03 apply to grants under this section.
new text end
new text begin
(d) Grantees must report data required under chapter 494 to evaluate quality and
outcomes.
new text end
new text begin Subd. 3. new text end
new text begin Accepting funds. new text end
new text begin
The commissioner may apply for and receive money made
available from federal, state, or other sources for the purposes of carrying out the mission
of the Office of Collaboration and Dispute Resolution. Funds received under this subdivision
are appropriated to the commissioner for their intended purpose.
new text end
Sec. 3.
new text begin
[16B.372] ENVIRONMENTAL SUSTAINABILITY GOVERNMENT
OPERATIONS; OFFICE CREATED.
new text end
new text begin Subdivision 1. new text end
new text begin Enterprise sustainability. new text end
new text begin
(a) The Office of Enterprise Sustainability is
established to assist all state agencies in making measurable progress toward improving the
sustainability of government operations by reducing the impact on the environment,
controlling unnecessary waste of natural resources and public funds, and spurring innovation.
The office shall create new tools and share best practices, assist state agencies to plan for
and implement improvements, and monitor progress toward achieving intended outcomes.
Specific duties include but are not limited to:
new text end
new text begin
(1) managing a sustainability metrics and reporting system, including a public dashboard
that allows Minnesotans to track progress and is updated annually;
new text end
new text begin
(2) assisting agencies in developing and executing sustainability plans; and
new text end
new text begin
(3) implementing the state building energy conservation improvement revolving loan
in Minnesota Statutes, sections 16B.86 and 16B.87.
new text end
new text begin Subd. 2. new text end
new text begin State agency responsibilities. new text end
new text begin
Each cabinet-level agency is required to
participate in the sustainability effort by developing a sustainability plan and by making
measurable progress toward improving associated sustainability outcomes. State agencies
and boards that are not members of the cabinet shall take steps toward improving
sustainability outcomes; however, they are not required to participate at the level of
cabinet-level agencies.
new text end
new text begin Subd. 3. new text end
new text begin Local governments. new text end
new text begin
The Office of Enterprise Sustainability shall make
reasonable attempts to share tools and best practices with local governments.
new text end
Sec. 4.
Minnesota Statutes 2022, section 16B.58, is amended by adding a subdivision to
read:
new text begin Subd. 9. new text end
new text begin Electric vehicle charging. new text end
new text begin
The commissioner shall require that a user of a
charging station located on the State Capitol complex used to charge an electric vehicle pay
an electric service fee as determined by the commissioner.
new text end
Sec. 5.
Minnesota Statutes 2022, section 16C.36, is amended to read:
16C.36 REORGANIZATION SERVICES UNDER MASTER CONTRACT.
The commissioner of administration must make available under a master contract program
a list of eligible contractors who can assist state agencies in using data analytics to:
(1) accomplish agency reorganization along service rather than functional lines in order
to provide more efficient and effective service; and
(2) bring about internal reorganization of management functions in order to flatten the
organizational structure by requiring that decisions are made closer to the service needed,
eliminating redundancies, and optimizing the span of control ratios to public and private
sector industry benchmarks.
deleted text begin
The commissioner of administration must report to the legislature by January 15, 2013,
and January 15, 2014, on state agency use of eligible contractors under this section, and on
improvements in efficiency and effectiveness, including the contract oversight process, of
state services as a result of services provided by contractors.
deleted text end
Sec. 6.
Minnesota Statutes 2022, section 138.081, subdivision 3, is amended to read:
Subd. 3.
Administration of federal act.
The deleted text begin Department of Administrationdeleted text end new text begin Minnesota
Historical Societynew text end is designated as the state agency to administer the provisions of the federal
act providing for the preservation of historical and archaeological data, United States Code,
title deleted text begin 16deleted text end new text begin 54new text end , deleted text begin sections 469 to 469Cdeleted text end new text begin section 312501, as amendednew text end , insofar as the provisions of
the act provide for implementation by the state.
Sec. 7.
Minnesota Statutes 2022, section 138.665, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Mediationdeleted text end new text begin Consultationnew text end .
The state, state departments, agencies, and political
subdivisions, including the Board of Regents of the University of Minnesota, have a
responsibility to protect the physical features and historic character of properties designated
in sections 138.662 and 138.664 or listed on the National Register of Historic Places created
by Public Law 89-665. Before carrying out any undertaking that will affect designated or
listed properties, or funding or licensing an undertaking by other parties, the state department
or agency shall consult with the State Historic Preservation Office pursuant to deleted text begin the society'sdeleted text end new text begin
the State Historic Preservation Office'snew text end established procedures to determine appropriate
treatments and to seek ways to avoid and mitigate any adverse effects on designated or
listed properties. If the state department or agency and the State Historic Preservation Office
agree in writing on a suitable course of action, the project may proceed. If the parties cannot
agree, any one of the parties may request that the governor appoint and convene a mediation
task force consisting of five members, two appointed by the governor, the chair of the State
Review Board of the State Historic Preservation Office, the commissioner of administration
or the commissioner's designee, and one member deleted text begin who is not an employee of the Minnesota
Historical Societydeleted text end appointed by the director of the new text begin Minnesota Historical new text end Society. The two
appointees of the governor and deleted text begin the onedeleted text end of the director of the society shall be qualified by
training or experience in one or more of the following disciplines: (1) history; (2)
archaeology; and (3) architectural history. The mediation task force is not subject to the
conditions of section 15.059. This subdivision does not apply to section 138.662, subdivision
24, and section 138.664, subdivisions 8 and 111.
Sec. 8. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 16B.24, subdivision 13; 179.90; and 179.91,
new text end
new text begin
are
repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: H1750-1
16B.24 GENERAL AUTHORITY.
Subd. 13.
Electric vehicle charging.
The commissioner shall require that a user of a charging station located on the State Capitol complex used to charge a private electric vehicle pay an electric service fee. The commissioner shall set the electric service fee rate to cover the electricity costs for charging an electric vehicle and for the administrative costs associated with providing electric charging stations.
179.90 OFFICE OF COLLABORATION AND DISPUTE RESOLUTION.
The commissioner of mediation services shall establish an Office of Collaboration and Dispute Resolution within the bureau. The office must:
(1) promote the broad use of community mediation in the state, ensuring that all areas of the state have access to services by providing grants to private nonprofit entities certified by the state court administrator under chapter 494 that assist in resolution of disputes;
(2) assist state agencies, offices of the executive, legislative, and judicial branches, and units of local government in improving collaboration and dispute resolution;
(3) support collaboration and dispute resolution in the public and private sector by providing technical assistance and information on best practices and new developments in dispute resolution options;
(4) educate the public and governmental entities on dispute resolution options; and
(5) promote and utilize collaborative dispute resolution models and processes based on documented best practices including, but not limited to, the Minnesota Solutions model:
(i) establishing criteria and procedures for identification and assessment of dispute resolution projects;
(ii) designating projects and appointing impartial convenors by the commissioner or the commissioner's designee;
(iii) forming multidisciplinary conflict resolution teams; and
(iv) utilizing collaborative techniques, processes, and standards through facilitated meetings until consensus among parties is reached in resolving a dispute.
179.91 GRANTS.
Subdivision 1.
Authority.
The commissioner of mediation services shall to the extent funds are appropriated for this purpose, make grants to private nonprofit community mediation entities certified by the state court administrator under chapter 494 that assist in resolution of disputes. The commissioner shall establish a grant review committee to assist in the review of grant applications and the allocation of grants under this section.
Subd. 2.
Eligibility.
To be eligible for a grant under this section, a nonprofit organization must meet the requirements of section 494.05, subdivision 1, clauses (1), (2), (4), and (5).
Subd. 3.
Conditions and exclusions.
A nonprofit entity receiving a grant must agree to comply with guidelines adopted by the state court administrator under section 494.015, subdivision 1. Sections 16B.97 and 16B.98 and policies adopted under those sections apply to grants under this section. The exclusions in section 494.03 apply to grants under this section.
Subd. 4.
Reporting.
Grantees must report data required under chapter 494 to evaluate quality and outcomes.