SF 1047

2nd Unofficial Engrossment - 87th Legislature (2011 - 2012)

Posted on 04/07/2011 08:31 a.m.

1.1A bill for an act 1.2relating to state government finance; establishing the Sunset Advisory 1.3Commission; allowing counties to provide an audit performed by a certified 1.4public accountant firm; requiring state agencies to carry out agency duties in 1.5most cost-effective manner whether by employing state workers or contracting 1.6with outside sources; establishing the SAVI program for retained savings; 1.7increasing public parking in front of Capitol building; changing provision of 1.8performance data required in the budget proposal; implementing zero-based 1.9budgeting principles; implementing employee gainsharing system to suggest 1.10ways to reduce cost of government; implementing pay for performance pilot 1.11program and allowing bond sale for programs proposed; implementing federal 1.12offset program for collection of debts owed to state agencies; allowing for 1.13independent or private audit for the State Agriculture Society; removing assistant 1.14agency head positions; changing provisions for performance appraisal and pay; 1.15reducing state workforce; providing early retirement incentives; reducing deputy 1.16positions; modifying use of carryforward by the legislative auditor; continuing 1.17the employee salary freeze; requiring a job classification consolidation and 1.18report; requiring a request for proposals for system to enhance the state's 1.19audit and collection activities; requiring dependent eligibility verification 1.20audit services for state hospital, medical, and dental services; consolidating 1.21information technology services; implementing the federal E-Verify program; 1.22requiring request for proposals for recommendations for efficiencies in strategic 1.23sourcing; specifying use of federal money under Help America Vote Act; 1.24implementing a program to reward employees for efficient use of health care; 1.25requiring studies; appropriating money;amending Minnesota Statutes 2010, 1.26sections 3.85, subdivision 3; 6.48; 15.06, subdivision 8; 16A.10, subdivisions 1.271a, 1b, 1c; 16A.103, subdivision 1a; 16A.11, subdivision 3; 16A.28, subdivision 1.283; 16B.03; 16B.99; 16C.08, subdivision 2; 16C.09; 16E.14, by adding a 1.29subdivision; 37.06; 43A.08, subdivision 1; 43A.20; 45.013; 84.01, subdivision 3; 1.30116.03, subdivision 1; 116J.01, subdivision 5; 116J.035, subdivision 4; 174.02, 1.31subdivision 2; 241.01, subdivision 2; Laws 2010, chapter 215, article 6, section 1.324; Laws 2010, chapter 361, article 3, section 8; proposing coding for new law 1.33in Minnesota Statutes, chapters 15; 15B; 16A; 16C; 16D; 16E; 43A; proposing 1.34coding for new law as Minnesota Statutes, chapter 3D; repealing Minnesota 1.35Statutes 2010, sections 16C.085; 43A.047; 179A.23; 197.585, subdivision 5. 1.36BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.1ARTICLE 1 2.2STATE GOVERNMENT APPROPRIATIONS 2.3 Section 1. new text begin STATE GOVERNMENT APPROPRIATIONS. new text end 2.4     new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 2.5 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 2.6 new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 2.7 new text begin for each purpose. The figures "2012" and "2013" used in this article mean that the new text end 2.8 new text begin appropriations listed under them are available for the fiscal year ending June 30, 2012, or new text end 2.9 new text begin June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal new text end 2.10 new text begin year 2013. "The biennium" is fiscal years 2012 and 2013. new text end 2.11 new text begin APPROPRIATIONS new text end 2.12 new text begin Available for the Year new text end 2.13 new text begin Ending June 30 new text end 2.14 new text begin 2012 new text end new text begin 2013 new text end 2.15 Sec. 2. new text begin LEGISLATURE new text end 2.16 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 61,651,000 new text end new text begin $ new text end new text begin 61,651,000 new text end 2.17 new text begin Appropriations by Fund new text end 2.18 new text begin 2012 new text end new text begin 2013 new text end 2.19 new text begin General new text end new text begin 61,523,000 new text end new text begin 61,523,000 new text end 2.20 new text begin Health Care Access new text end new text begin 128,000 new text end new text begin 128,000 new text end 2.21 new text begin The amounts that may be spent for each new text end 2.22 new text begin purpose are specified in the following new text end 2.23 new text begin subdivisions. new text end 2.24 new text begin Subd. 2. new text end new text begin Senate new text end new text begin 20,068,000 new text end new text begin 20,068,000 new text end 2.25 new text begin Subd. 3. new text end new text begin House of Representatives new text end new text begin 27,874,000 new text end new text begin 27,874,000 new text end 2.26 new text begin During the biennium ending June 30, 2013, new text end 2.27 new text begin any revenues received by the house of new text end 2.28 new text begin representatives from voluntary donations new text end 2.29 new text begin to support broadcast or print media are new text end 2.30 new text begin appropriated to the house of representatives. new text end 2.31 new text begin Subd. 4. new text end new text begin Legislative Coordinating Commission new text end new text begin 13,709,000 new text end new text begin 13,709,000 new text end 2.32 new text begin Appropriations by Fund new text end 2.33 new text begin General new text end new text begin 13,581,000 new text end new text begin 13,581,000 new text end 2.34 new text begin Health Care Access new text end new text begin 128,000 new text end new text begin 128,000 new text end 3.1 new text begin From its funds, $10,000 each year is for new text end 3.2 new text begin purposes of the legislators' forum, through new text end 3.3 new text begin which Minnesota legislators meet with new text end 3.4 new text begin counterparts from South Dakota, North new text end 3.5 new text begin Dakota, and Manitoba to discuss issues of new text end 3.6 new text begin mutual concern. new text end 3.7 3.8 Sec. 3. new text begin GOVERNOR AND LIEUTENANT new text end new text begin GOVERNOR new text end new text begin $ new text end new text begin 3,097,000 new text end new text begin $ new text end new text begin 3,097,000 new text end 3.9 new text begin (a) This appropriation is to fund the Office of new text end 3.10 new text begin the Governor and Lieutenant Governor. new text end 3.11 new text begin (b) By September 1 of each year, the new text end 3.12 new text begin commissioner of management and budget new text end 3.13 new text begin shall report to the chairs and ranking new text end 3.14 new text begin minority members of the senate State new text end 3.15 new text begin Government Budget Division and the new text end 3.16 new text begin house of representatives State Government new text end 3.17 new text begin Finance Division any personnel costs new text end 3.18 new text begin incurred by the Office of the Governor and new text end 3.19 new text begin Lieutenant Governor that were supported new text end 3.20 new text begin by appropriations to other agencies during new text end 3.21 new text begin the previous fiscal year. The Office of the new text end 3.22 new text begin Governor shall inform the chairs and ranking new text end 3.23 new text begin minority members of the divisions before new text end 3.24 new text begin initiating any interagency agreements. new text end 3.25 new text begin (c) During the biennium ending June 30, new text end 3.26 new text begin 2013, the Office of the Governor may not new text end 3.27 new text begin receive payments of more than $670,000 new text end 3.28 new text begin each fiscal year from other executive new text end 3.29 new text begin agencies under Minnesota Statutes, section new text end 3.30 new text begin 15.53, to support personnel costs incurred new text end 3.31 new text begin by the office. Payments received under this new text end 3.32 new text begin paragraph must be deposited in a special new text end 3.33 new text begin revenue account. Money in the account is new text end 3.34 new text begin appropriated to the Office of the Governor. new text end 3.35 new text begin The authority in this paragraph supersedes new text end 4.1 new text begin other law enacted in 2011 that limits the new text end 4.2 new text begin ability of the office to enter into agreements new text end 4.3 new text begin relating to personnel costs with other new text end 4.4 new text begin executive branch agencies or prevents the use new text end 4.5 new text begin of appropriations made to other agencies for new text end 4.6 new text begin agreements with the office under Minnesota new text end 4.7 new text begin Statutes, section 15.53. new text end 4.8 Sec. 4. new text begin STATE AUDITOR new text end new text begin $ new text end new text begin 7,964,000 new text end new text begin $ new text end new text begin 7,964,000 new text end 4.9 Sec. 5. new text begin ATTORNEY GENERAL new text end new text begin $ new text end new text begin 21,712,000 new text end new text begin $ new text end new text begin 21,712,000 new text end 4.10 new text begin Appropriations by Fund new text end 4.11 new text begin 2012 new text end new text begin 2013 new text end 4.12 new text begin General new text end new text begin 19,433,000 new text end new text begin 19,433,000 new text end 4.13 4.14 new text begin State Government new text end new text begin Special Revenue new text end new text begin 1,884,000 new text end new text begin 1,884,000 new text end 4.15 new text begin Environmental new text end new text begin 145,000 new text end new text begin 145,000 new text end 4.16 new text begin Remediation new text end new text begin 250,000 new text end new text begin 250,000 new text end 4.17 new text begin Of this appropriation, $65,000 in the first new text end 4.18 new text begin year and $65,000 in the second year are new text end 4.19 new text begin from the general fund for transfer to the new text end 4.20 new text begin commissioner of public safety for a grant to new text end 4.21 new text begin the Minnesota County Attorneys Association new text end 4.22 new text begin for prosecutor and law enforcement training. new text end 4.23 Sec. 6. new text begin SECRETARY OF STATE new text end new text begin $ new text end new text begin 5,193,000 new text end new text begin $ new text end new text begin 5,193,000 new text end 4.24 4.25 Sec. 7. new text begin CAMPAIGN FINANCE AND PUBLIC new text end new text begin DISCLOSURE BOARD new text end new text begin $ new text end new text begin 653,000 new text end new text begin $ new text end new text begin 653,000 new text end 4.26 Sec. 8. new text begin INVESTMENT BOARD new text end new text begin $ new text end new text begin 132,000 new text end new text begin $ new text end new text begin 132,000 new text end 4.27 Sec. 9. new text begin ADMINISTRATIVE HEARINGS new text end new text begin $ new text end new text begin 7,614,000 new text end new text begin $ new text end new text begin 7,484,000 new text end 4.28 new text begin Appropriations by Fund new text end 4.29 new text begin 2012 new text end new text begin 2013 new text end 4.30 new text begin General new text end new text begin 364,000 new text end new text begin 234,000 new text end 4.31 4.32 new text begin Workers' new text end new text begin Compensation new text end new text begin 7,250,000 new text end new text begin 7,250,000 new text end 5.1 new text begin $130,000 in the first year is for the cost new text end 5.2 new text begin of considering complaints filed under new text end 5.3 new text begin Minnesota Statutes, section 211B.32. Until new text end 5.4 new text begin June 30, 2013, the chief administrative new text end 5.5 new text begin law judge may not make any assessment new text end 5.6 new text begin against a county or counties under Minnesota new text end 5.7 new text begin Statutes, section 211B.37. Any amount of new text end 5.8 new text begin this appropriation that remains unspent at new text end 5.9 new text begin the end of the biennium must be canceled new text end 5.10 new text begin to the general account of the state elections new text end 5.11 new text begin campaign fund. The base for fiscal year 2014 new text end 5.12 new text begin is $130,000, to be available for the biennium, new text end 5.13 new text begin under the same terms. new text end 5.14 5.15 Sec. 10. new text begin OFFICE OF ENTERPRISE new text end new text begin TECHNOLOGY new text end new text begin $ new text end new text begin 4,636,000 new text end new text begin $ new text end new text begin 4,636,000 new text end 5.16 new text begin During the biennium ending June 30, 2013, new text end 5.17 new text begin the office must not charge fees to a public new text end 5.18 new text begin noncommercial educational television new text end 5.19 new text begin broadcast station for access to the state new text end 5.20 new text begin information infrastructure. new text end 5.21 Sec. 11. new text begin ADMINISTRATION new text end 5.22 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 18,023,000 new text end new text begin $ new text end new text begin 18,023,000 new text end 5.23 new text begin The amounts that may be spent for each new text end 5.24 new text begin purpose are specified in the following new text end 5.25 new text begin subdivisions. new text end 5.26 new text begin Subd. 2. new text end new text begin Government and Citizen Services new text end new text begin 14,736,000 new text end new text begin 14,736,000 new text end 5.27 new text begin Subd. 3. new text end new text begin Administrative Management Support new text end new text begin 1,502,000 new text end new text begin 1,502,000 new text end 5.28 new text begin Subd. 4. new text end new text begin Public Broadcasting new text end new text begin 1,785,000 new text end new text begin 1,785,000 new text end 5.29 new text begin (a) The appropriations under this section are new text end 5.30 new text begin to the commissioner of administration for the new text end 5.31 new text begin purposes specified. new text end 6.1 new text begin (b) $1,002,000 the first year and $1,002,000 new text end 6.2 new text begin the second year are for matching grants for new text end 6.3 new text begin public television. new text end 6.4 new text begin (c) $190,000 the first year and $190,000 new text end 6.5 new text begin the second year are for public television new text end 6.6 new text begin equipment grants. Equipment or matching new text end 6.7 new text begin grant allocations shall be made after new text end 6.8 new text begin considering the recommendations of the new text end 6.9 new text begin Minnesota Public Television Association. new text end 6.10 new text begin (d) $16,000 the first year and $16,000 the new text end 6.11 new text begin second year are for grants to the Twin Cities new text end 6.12 new text begin regional cable channel. new text end 6.13 new text begin (e) $278,000 the first year and $278,000 the new text end 6.14 new text begin second year are for community service grants new text end 6.15 new text begin to public educational radio stations. new text end 6.16 new text begin (f) $97,000 the first year and $97,000 the new text end 6.17 new text begin second year are for equipment grants to new text end 6.18 new text begin public educational radio stations. new text end 6.19 new text begin (g) The grants in paragraphs (e) and (f) new text end 6.20 new text begin must be allocated after considering the new text end 6.21 new text begin recommendations of the Association of new text end 6.22 new text begin Minnesota Public Educational Radio Stations new text end 6.23 new text begin under Minnesota Statutes, section 129D.14. new text end 6.24 new text begin (h) $202,000 the first year and $202,000 new text end 6.25 new text begin the second year are for equipment grants to new text end 6.26 new text begin Minnesota Public Radio, Inc. new text end 6.27 new text begin (i) Any unencumbered balance remaining the new text end 6.28 new text begin first year for grants to public television or new text end 6.29 new text begin radio stations does not cancel and is available new text end 6.30 new text begin for the second year. new text end 6.31 6.32 6.33 Sec. 12. new text begin CAPITOL AREA new text end new text begin ARCHITECTURAL AND PLANNING new text end new text begin BOARD new text end new text begin $ new text end new text begin 308,000 new text end new text begin $ new text end new text begin 308,000 new text end 7.1 7.2 Sec. 13. new text begin MINNESOTA MANAGEMENT AND new text end new text begin BUDGET new text end new text begin $ new text end new text begin 16,727,000 new text end new text begin $ new text end new text begin 16,727,000 new text end 7.3 Sec. 14. new text begin REVENUE new text end 7.4 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 128,231,000 new text end new text begin $ new text end new text begin 140,046,000 new text end 7.5 new text begin Appropriations by Fund new text end 7.6 new text begin 2012 new text end new text begin 2013 new text end 7.7 new text begin General new text end new text begin 123,996,000 new text end new text begin 135,811,000 new text end 7.8 new text begin Health Care Access new text end new text begin 1,749,000 new text end new text begin 1,749,000 new text end 7.9 7.10 new text begin Highway User Tax new text end new text begin Distribution new text end new text begin 2,183,000 new text end new text begin 2,183,000 new text end 7.11 new text begin Environmental new text end new text begin 303,000 new text end new text begin 303,000 new text end 7.12 new text begin The amounts that may be spent for each new text end 7.13 new text begin purpose are specified in subdivisions 2 and 3. new text end 7.14 new text begin To the greatest extent possible, the new text end 7.15 new text begin commissioner must avoid making budget new text end 7.16 new text begin reductions to compliance activities. new text end 7.17 new text begin Subd. 2. new text end new text begin Tax System Management new text end new text begin 104,991,000 new text end new text begin 116,806,000 new text end 7.18 new text begin Appropriations by Fund new text end 7.19 new text begin General new text end new text begin 100,756,000 new text end new text begin 112,571,000 new text end 7.20 new text begin Health Care Access new text end new text begin 1,749,000 new text end new text begin 1,749,000 new text end 7.21 7.22 new text begin Highway User Tax new text end new text begin Distribution new text end new text begin 2,183,000 new text end new text begin 2,183,000 new text end 7.23 new text begin Environmental new text end new text begin 303,000 new text end new text begin 303,000 new text end 7.24 new text begin Subd. 3. new text end new text begin Debt Collection Management new text end new text begin 23,240,000 new text end new text begin 23,240,000 new text end 7.25 Sec. 15. new text begin GAMBLING CONTROL new text end new text begin $ new text end new text begin 2,740,000 new text end new text begin $ new text end new text begin 2,740,000 new text end 7.26 new text begin These appropriations are from the lawful new text end 7.27 new text begin gambling regulation account in the special new text end 7.28 new text begin revenue fund. new text end 7.29 Sec. 16. new text begin RACING COMMISSION new text end new text begin $ new text end new text begin 899,000 new text end new text begin $ new text end new text begin 899,000 new text end 7.30 new text begin These appropriations are from the racing new text end 7.31 new text begin and card playing regulation accounts in the new text end 7.32 new text begin special revenue fund. new text end 7.33 Sec. 17. new text begin AMATEUR SPORTS COMMISSION new text end new text begin $ new text end new text begin 235,000 new text end new text begin $ new text end new text begin 235,000 new text end 8.1 8.2 Sec. 18. new text begin COUNCIL ON BLACK new text end new text begin MINNESOTANS new text end new text begin $ new text end new text begin 261,000 new text end new text begin $ new text end new text begin 261,000 new text end 8.3 8.4 Sec. 19. new text begin COUNCIL ON CHICANO/LATINO new text end new text begin AFFAIRS new text end new text begin $ new text end new text begin 246,000 new text end new text begin $ new text end new text begin 246,000 new text end 8.5 8.6 Sec. 20. new text begin COUNCIL ON ASIAN-PACIFIC new text end new text begin MINNESOTANS new text end new text begin $ new text end new text begin 227,000 new text end new text begin $ new text end new text begin 227,000 new text end 8.7 Sec. 21. new text begin INDIAN AFFAIRS COUNCIL new text end new text begin $ new text end new text begin 413,000 new text end new text begin $ new text end new text begin 413,000 new text end 8.8 Sec. 22. new text begin EXPLORE MINNESOTA TOURISM new text end new text begin $ new text end new text begin 8,269,000 new text end new text begin $ new text end new text begin 8,269,000 new text end 8.9 new text begin (a) Of this amount, $12,000 each year is for a new text end 8.10 new text begin grant to the Upper Minnesota Film Office. new text end 8.11 new text begin (b)(1) To develop maximum private sector new text end 8.12 new text begin involvement in tourism, $500,000 the first new text end 8.13 new text begin year and $500,000 the second year must new text end 8.14 new text begin be matched by Explore Minnesota Tourism new text end 8.15 new text begin from nonstate sources. Each $1 of state new text end 8.16 new text begin incentive must be matched with $3 of private new text end 8.17 new text begin sector funding. Cash match is defined as new text end 8.18 new text begin revenue to the state or documented cash new text end 8.19 new text begin expenditures directly expended to support new text end 8.20 new text begin Explore Minnesota Tourism programs. Up new text end 8.21 new text begin to one-half of the private sector contribution new text end 8.22 new text begin may be in-kind or soft match. The incentive new text end 8.23 new text begin in the first year shall be based on fiscal new text end 8.24 new text begin year 2011 private sector contributions. The new text end 8.25 new text begin incentive in the second year will be based on new text end 8.26 new text begin fiscal year 2012 private sector contributions. new text end 8.27 new text begin This incentive is ongoing. new text end 8.28 new text begin (2) Funding for the marketing grants is new text end 8.29 new text begin available either year of the biennium. new text end 8.30 new text begin Unexpended grant funds from the first year new text end 8.31 new text begin are available in the second year. new text end 8.32 new text begin (3) Unexpended money from the general new text end 8.33 new text begin fund appropriations made under this section new text end 9.1 new text begin does not cancel but must be placed in a new text end 9.2 new text begin special marketing account for use by Explore new text end 9.3 new text begin Minnesota Tourism for additional marketing new text end 9.4 new text begin activities. new text end 9.5 new text begin (c) $325,000 the first year and $325,000 the new text end 9.6 new text begin second year are for the Minnesota Film and new text end 9.7 new text begin TV Board. The appropriation in each year new text end 9.8 new text begin is available only upon receipt by the board new text end 9.9 new text begin of $1 in matching contributions of money or new text end 9.10 new text begin in-kind contributions from nonstate sources new text end 9.11 new text begin for every $3 provided by this appropriation, new text end 9.12 new text begin except that each year up to $50,000 is new text end 9.13 new text begin available on July 1 even if the required new text end 9.14 new text begin matching contribution has not been received new text end 9.15 new text begin by that date. new text end 9.16 new text begin (d) A portion of the appropriation in this new text end 9.17 new text begin section may be used for the film production new text end 9.18 new text begin jobs program under Minnesota Statutes, new text end 9.19 new text begin section 116U.26. new text end 9.20 9.21 Sec. 23. new text begin MINNESOTA HISTORICAL new text end new text begin SOCIETY new text end 9.22 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 19,764,000 new text end new text begin $ new text end new text begin 19,662,000 new text end 9.23 new text begin The amounts that may be spent for each new text end 9.24 new text begin purpose are specified in the following new text end 9.25 new text begin subdivisions. new text end 9.26 new text begin Subd. 2. new text end new text begin Education and Outreach new text end new text begin 11,109,000 new text end new text begin 11,109,000 new text end 9.27 new text begin Notwithstanding Minnesota Statutes, section new text end 9.28 new text begin 138.668, the Minnesota Historical Society new text end 9.29 new text begin may not charge a fee for its general tours at new text end 9.30 new text begin the Capitol, but may charge fees for special new text end 9.31 new text begin programs other than general tours. new text end 9.32 new text begin Subd. 3. new text end new text begin Preservation and Access new text end new text begin 8,337,000 new text end new text begin 8,337,000 new text end 9.33 new text begin Subd. 4. new text end new text begin Fiscal Agent new text end 10.1 new text begin (a) Minnesota International Center new text end new text begin 38,000 new text end new text begin 38,000 new text end 10.2 new text begin (b) Minnesota Air National Guard Museum new text end new text begin 14,000 new text end new text begin -0- new text end 10.3 new text begin (c) Minnesota Military Museum new text end new text begin 88,000 new text end new text begin -0- new text end 10.4 new text begin (d) Farmamerica new text end new text begin 112,000 new text end new text begin 112,000 new text end 10.5 new text begin (e) $66,000 the first year and $66,000 the new text end 10.6 new text begin second year are for a grant to the city of new text end 10.7 new text begin Eveleth to be used for the support of the new text end 10.8 new text begin Hockey Hall of Fame Museum provided new text end 10.9 new text begin that it continues to operate in the city. This new text end 10.10 new text begin grant is in addition to and must not be new text end 10.11 new text begin used to supplant funding under Minnesota new text end 10.12 new text begin Statutes, section 298.28, subdivision 9c. This new text end 10.13 new text begin appropriation is added to the society's budget new text end 10.14 new text begin base. new text end 10.15 new text begin (f) Balances Forward new text end 10.16 new text begin Any unencumbered balance remaining in new text end 10.17 new text begin this subdivision the first year does not cancel new text end 10.18 new text begin but is available for the second year of the new text end 10.19 new text begin biennium. new text end 10.20 new text begin Subd. 5. new text end new text begin Fund Transfer new text end 10.21 new text begin The Minnesota Historical Society may new text end 10.22 new text begin reallocate funds appropriated in and between new text end 10.23 new text begin subdivisions 2 and 3 for any program new text end 10.24 new text begin purposes and the appropriations are available new text end 10.25 new text begin in either year of the biennium. new text end 10.26 Sec. 24. new text begin BOARD OF THE ARTS new text end 10.27 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 6,672,000 new text end new text begin $ new text end new text begin 6,672,000 new text end 10.28 new text begin The amounts that may be spent for each new text end 10.29 new text begin purpose are specified in the following new text end 10.30 new text begin subdivisions. new text end 10.31 new text begin Subd. 2. new text end new text begin Operations and Services new text end new text begin 504,000 new text end new text begin 504,000 new text end 10.32 new text begin Subd. 3. new text end new text begin Grants Program new text end new text begin 4,266,000 new text end new text begin 4,266,000 new text end 11.1 new text begin Subd. 4. new text end new text begin Regional Arts Councils new text end new text begin 1,902,000 new text end new text begin 1,902,000 new text end 11.2 11.3 Sec. 25. new text begin MINNESOTA HUMANITIES new text end new text begin CENTER new text end new text begin $ new text end new text begin 225,000 new text end new text begin $ new text end new text begin 225,000 new text end 11.4 11.5 Sec. 26. new text begin SCIENCE MUSEUM OF new text end new text begin MINNESOTA new text end new text begin $ new text end new text begin 1,009,000 new text end new text begin $ new text end new text begin 1,009,000 new text end 11.6 Sec. 27. new text begin TORT CLAIMS new text end new text begin $ new text end new text begin 161,000 new text end new text begin $ new text end new text begin 161,000 new text end 11.7 new text begin These appropriations are to be spent by the new text end 11.8 new text begin commissioner of management and budget new text end 11.9 new text begin according to Minnesota Statutes, section new text end 11.10 new text begin 3.736, subdivision 7. If the appropriation for new text end 11.11 new text begin either year is insufficient, the appropriation new text end 11.12 new text begin for the other year is available for it. new text end 11.13 11.14 Sec. 28. new text begin MINNESOTA STATE RETIREMENT new text end new text begin SYSTEM new text end 11.15 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 472,000 new text end new text begin $ new text end new text begin 481,000 new text end 11.16 new text begin The amounts that may be spent for each new text end 11.17 new text begin purpose are specified in the following new text end 11.18 new text begin subdivisions. new text end 11.19 new text begin During the biennium ending June 30, 2013, new text end 11.20 new text begin payments for retirement allowances for new text end 11.21 new text begin former legislators and surviving spouses new text end 11.22 new text begin must be made from the legislators retirement new text end 11.23 new text begin fund created under Minnesota Statutes, new text end 11.24 new text begin section 3A.03, subdivision 3, and not from new text end 11.25 new text begin the general fund. new text end 11.26 new text begin Subd. 2. new text end new text begin Constitutional Officers new text end new text begin 472,000 new text end new text begin 481,000 new text end 11.27 new text begin Under Minnesota Statutes, section 352C.001, new text end 11.28 new text begin if an appropriation in this section for either new text end 11.29 new text begin year is insufficient, the appropriation for the new text end 11.30 new text begin other year is available for it. new text end 11.31 Sec. 29. new text begin MERF DIVISION ACCOUNT new text end new text begin $ new text end new text begin 22,750,000 new text end new text begin $ new text end new text begin 22,750,000 new text end 12.1 new text begin These amounts are estimated to be needed new text end 12.2 new text begin under Minnesota Statutes, section 353.505. new text end 12.3 12.4 Sec. 30. new text begin TEACHERS RETIREMENT new text end new text begin ASSOCIATION new text end new text begin $ new text end new text begin 15,454,000 new text end new text begin $ new text end new text begin 15,454,000 new text end 12.5 new text begin The amounts estimated to be needed are as new text end 12.6 new text begin follows: new text end 12.7 new text begin (a) new text end new text begin Special direct state aid. new text end new text begin $12,954,000 the new text end 12.8 new text begin first year and $12,954,000 the second year new text end 12.9 new text begin are for special direct state aid authorized new text end 12.10 new text begin under Minnesota Statutes, section 354A.12, new text end 12.11 new text begin subdivisions 3a and 3c. new text end 12.12 new text begin (b) new text end new text begin Special direct state matching aid. new text end new text begin new text end 12.13 new text begin $2,500,000 the first year and $2,500,000 new text end 12.14 new text begin the second year are for special direct state new text end 12.15 new text begin matching aid authorized under Minnesota new text end 12.16 new text begin Statutes, section 354A.12, subdivision 3b. new text end 12.17 12.18 Sec. 31. new text begin ST. PAUL TEACHERS new text end new text begin RETIREMENT FUND new text end new text begin $ new text end new text begin 2,827,000 new text end new text begin $ new text end new text begin 2,827,000 new text end 12.19 new text begin The amounts estimated to be needed for new text end 12.20 new text begin special direct state aid to first class city new text end 12.21 new text begin teachers retirement funds authorized under new text end 12.22 new text begin Minnesota Statutes, section new text end new text begin , new text end 12.23 new text begin subdivisions 3a and 3c. new text end 12.24 12.25 Sec. 32. new text begin DULUTH TEACHERS new text end new text begin RETIREMENT FUND new text end new text begin $ new text end new text begin 346,000 new text end new text begin $ new text end new text begin 346,000 new text end 12.26 new text begin The amounts estimated to be needed for new text end 12.27 new text begin special direct state aid to first class city new text end 12.28 new text begin teachers retirement funds authorized under new text end 12.29 new text begin Minnesota Statutes, section new text end new text begin , new text end 12.30 new text begin subdivisions 3a and 3c. new text end 12.31 Sec. 33. new text begin STATE LOTTERY new text end 12.32 new text begin Notwithstanding Minnesota Statutes, section new text end 12.33 new text begin , subdivision 3, the operating budget new text end 13.1 new text begin must not exceed $29,000,000 in fiscal year new text end 13.2 new text begin 2012 and $29,000,000 in fiscal year 2013. new text end 13.3 13.4 Sec. 34. new text begin GENERAL CONTINGENT new text end new text begin ACCOUNTS new text end new text begin $ new text end new text begin 600,000 new text end new text begin $ new text end new text begin 500,000 new text end 13.5 new text begin Appropriations by Fund new text end 13.6 new text begin 2012 new text end new text begin 2013 new text end 13.7 new text begin General new text end new text begin 100,000 new text end new text begin -0- new text end 13.8 13.9 new text begin State Government new text end new text begin Special Revenue new text end new text begin 400,000 new text end new text begin 400,000 new text end 13.10 13.11 new text begin Workers' new text end new text begin Compensation new text end new text begin 100,000 new text end new text begin 100,000 new text end 13.12 new text begin (a) The appropriations in this section new text end 13.13 new text begin may only be spent with the approval of new text end 13.14 new text begin the governor after consultation with the new text end 13.15 new text begin Legislative Advisory Commission pursuant new text end 13.16 new text begin to Minnesota Statutes, section 3.30. new text end 13.17 new text begin (b) If an appropriation in this section for new text end 13.18 new text begin either year is insufficient, the appropriation new text end 13.19 new text begin for the other year is available for it. new text end 13.20 new text begin (c) If a contingent account appropriation new text end 13.21 new text begin is made in one fiscal year, it should be new text end 13.22 new text begin considered a biennial appropriation. new text end 13.23    Sec. 35. new text begin PROBLEM GAMBLING APPROPRIATION. new text end 13.24 new text begin $225,000 in fiscal year 2012 and $225,000 in fiscal year 2013 are appropriated from new text end 13.25 new text begin the lottery prize fund to the Gambling Control Board for a grant to the state affiliate new text end 13.26 new text begin recognized by the National Council on Problem Gambling. The affiliate must provide new text end 13.27 new text begin services to increase public awareness of problem gambling, education and training for new text end 13.28 new text begin individuals and organizations providing effective treatment services to problem gamblers new text end 13.29 new text begin and their families, and research relating to problem gambling. These services must be new text end 13.30 new text begin complementary to and not duplicative of the services provided through the problem new text end 13.31 new text begin gambling program administered by the commissioner of human services. Of this new text end 13.32 new text begin appropriation, $50,000 in fiscal year 2012 and $50,000 in fiscal year 2013 are contingent new text end 13.33 new text begin on the contribution of nonstate matching funds. Matching funds may be either cash or new text end 13.34 new text begin qualifying in-kind contributions. The commissioner of management and budget may new text end 13.35 new text begin disburse the state portion of the matching funds in increments of $25,000 upon receipt new text end 14.1 new text begin of a commitment for an equal amount of matching nonstate funds. These are onetime new text end 14.2 new text begin appropriations. new text end 14.3    Sec. 36. new text begin APPROPRIATION; REIMBURSEMENT OF RECOUNT COSTS. new text end 14.4 new text begin $322,000 is appropriated from the general fund to the secretary of state in fiscal year new text end 14.5 new text begin 2011 for the reimbursement of costs of recounts during the 2010 general election, to be new text end 14.6 new text begin paid to counties consistent with the cost survey of the counties previously conducted new text end 14.7 new text begin by the secretary of state and for reimbursement to the secretary of state costs in those new text end 14.8 new text begin recounts already paid by the secretary of state to the counties. This appropriation remains new text end 14.9 new text begin available until December 31, 2011. new text end 14.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 14.11    Sec. 37. new text begin SAVINGS; APPROPRIATION REDUCTIONS. new text end 14.12 new text begin (a) The commissioner of management and budget must reduce general fund new text end 14.13 new text begin appropriations to executive agencies for agency operations for the biennium ending new text end 14.14 new text begin June 30, 2013, by $94,875,000. The Minnesota State Colleges and Universities is not new text end 14.15 new text begin an executive agency for purposes of this section. To the greatest extent possible, these new text end 14.16 new text begin savings must come from the reforms, efficiencies, and cost-savings measures contained in new text end 14.17 new text begin this act, including: new text end 14.18 new text begin (1) reduction in the number of full-time equivalent employees; new text end 14.19 new text begin (2) salary freeze; new text end 14.20 new text begin (3) elimination of deputy and assistant commissioner positions; new text end 14.21 new text begin (4) consolidation of responsibilities for executive branch information technology new text end 14.22 new text begin systems; new text end 14.23 new text begin (5) efficiencies and cost savings in contracting; and new text end 14.24 new text begin (6) verification of dependent eligibility for state group insurance coverage. new text end 14.25 new text begin (b) The commissioner of management and budget must determine savings to funds new text end 14.26 new text begin other than the general funds resulting from the reforms, efficiencies, and cost-savings new text end 14.27 new text begin measures in this act. To the extent permitted by law, the commissioner must reduce new text end 14.28 new text begin appropriations from those other funds by the amount of those savings, and transfer the new text end 14.29 new text begin amount of the reductions to the general fund. new text end 14.30    Sec. 38. new text begin ENTERPRISE REAL PROPERTY CONTRIBUTIONS. new text end 14.31 new text begin On or before June 1, 2011, the commissioner of administration shall determine new text end 14.32 new text begin the amount to be contributed by each executive agency to maintain the enterprise real new text end 14.33 new text begin property technology system for the fiscal years 2012 and 2013. On or before June 15, new text end 15.1 new text begin 2011, each executive agency shall enter into an agreement with the commissioner of new text end 15.2 new text begin administration setting forth the manner in which the executive agency shall make its new text end 15.3 new text begin contribution to the enterprise real property system, either from uncommitted fiscal year new text end 15.4 new text begin 2011 funds or by contributing from fiscal year 2012 and fiscal year 2013 funds to the real new text end 15.5 new text begin property enterprise system and services account to fund the total amount of $399,000 for new text end 15.6 new text begin the biennium. Funds contributed under this section must be credited to the enterprise real new text end 15.7 new text begin property technology system and services account. new text end 15.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 15.9ARTICLE 2 15.10MILITARY AFFAIRS AND VETERANS AFFAIRS 15.11 Section 1. new text begin APPROPRIATIONS. new text end 15.12 new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 15.13 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 15.14 new text begin general fund and are available for the fiscal years indicated for each purpose. The figures new text end 15.15 new text begin "2012" and "2013" used in this article mean that the appropriations listed under them are new text end 15.16 new text begin available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively. "The new text end 15.17 new text begin first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium" is new text end 15.18 new text begin fiscal years 2012 and 2013. new text end 15.19 new text begin APPROPRIATIONS new text end 15.20 new text begin Available for the Year new text end 15.21 new text begin Ending June 30 new text end 15.22 new text begin 2012 new text end new text begin 2013 new text end 15.23 Sec. 2. new text begin MILITARY AFFAIRS new text end 15.24 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 22,371,000 new text end new text begin $ new text end new text begin 19,371,000 new text end 15.25 new text begin The amounts that may be spent for each new text end 15.26 new text begin purpose are specified in the following new text end 15.27 new text begin subdivisions. new text end 15.28 new text begin Subd. 2. new text end new text begin Maintenance of Training Facilities new text end new text begin 6,660,000 new text end new text begin 6,660,000 new text end 15.29 new text begin Subd. 3. new text end new text begin General Support new text end new text begin 2,363,000 new text end new text begin 2,363,000 new text end 15.30 new text begin Subd. 4. new text end new text begin Enlistment Incentives new text end new text begin 13,348,000 new text end new text begin 10,348,000 new text end 15.31 new text begin $3,000,000 the first year is for additional new text end 15.32 new text begin costs of enlistment incentives. new text end 16.1 new text begin If appropriations for either year of the new text end 16.2 new text begin biennium are insufficient, the appropriation new text end 16.3 new text begin from the other year is available. The new text end 16.4 new text begin appropriations for enlistment incentives are new text end 16.5 new text begin available until expended. new text end 16.6 Sec. 3. new text begin VETERANS AFFAIRS new text end 16.7 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 57,795,000 new text end new text begin $ new text end new text begin 58,595,000 new text end 16.8 new text begin Appropriations by Fund new text end 16.9 new text begin 2012 new text end new text begin 2013 new text end 16.10 new text begin General new text end new text begin 57,695,000 new text end new text begin 58,595,000 new text end 16.11 new text begin Special Revenue new text end new text begin 100,000 new text end new text begin -0- new text end 16.12 new text begin The amounts that may be spent for each new text end 16.13 new text begin purpose are specified in the following new text end 16.14 new text begin subdivisions. new text end 16.15 new text begin Subd. 2. new text end new text begin Veterans Services new text end new text begin 13,879,000 new text end new text begin 13,779,000 new text end 16.16 new text begin $100,000 in the first year is from the new text end 16.17 new text begin "Support Our Troops" account established new text end 16.18 new text begin under Minnesota Statutes, section 190.19, new text end 16.19 new text begin subdivision 2a, for a grant to the Minnesota new text end 16.20 new text begin Assistance Council for Veterans. This is a new text end 16.21 new text begin onetime appropriation. new text end 16.22 new text begin $100,000 each year is for the costs of new text end 16.23 new text begin administering the Minnesota GI Bill program new text end 16.24 new text begin under Minnesota Statutes, section 197.791. new text end 16.25 new text begin $353,000 each year is for grants to the new text end 16.26 new text begin following congressionally chartered veterans new text end 16.27 new text begin service organizations, as designated by the new text end 16.28 new text begin commissioner: Disabled American Veterans, new text end 16.29 new text begin Military Order of the Purple Heart, the new text end 16.30 new text begin American Legion, Veterans of Foreign Wars, new text end 16.31 new text begin Vietnam Veterans of America, AMVETS, new text end 16.32 new text begin and Paralyzed Veterans of America. This new text end 16.33 new text begin funding must be allocated in direct proportion new text end 17.1 new text begin to the funding currently being provided by new text end 17.2 new text begin the commissioner to these organizations. new text end 17.3 new text begin Subd. 3. new text end new text begin Veterans Homes new text end new text begin 43,916,000 new text end new text begin 44,816,000 new text end 17.4 new text begin Veterans Homes Special Revenue Account. new text end new text begin new text end 17.5 new text begin The general fund appropriations made to new text end 17.6 new text begin the department may be transferred to a new text end 17.7 new text begin veterans homes special revenue account in new text end 17.8 new text begin the special revenue fund in the same manner new text end 17.9 new text begin as other receipts are deposited according new text end 17.10 new text begin to Minnesota Statutes, section 198.34, and new text end 17.11 new text begin are appropriated to the department for the new text end 17.12 new text begin operation of veterans homes facilities and new text end 17.13 new text begin programs. new text end 17.14 new text begin Fergus Falls Veterans Home. new text end new text begin Of the new text end 17.15 new text begin general fund appropriation, $738,000 in new text end 17.16 new text begin fiscal year 2013 is for operation of a new new text end 17.17 new text begin 21-bed specialty care/Alzheimer's unit at the new text end 17.18 new text begin Minnesota Veterans Home in Fergus Falls. new text end 17.19 new text begin Base funding for this program is $842,000 in new text end 17.20 new text begin fiscal years 2014 and 2015. new text end 17.21 new text begin Minneapolis Veterans Home. new text end new text begin Of the new text end 17.22 new text begin general fund appropriation, $162,000 in new text end 17.23 new text begin fiscal year 2013 is for operation of a new new text end 17.24 new text begin adult day care program at the Minnesota new text end 17.25 new text begin Veterans Home in Minneapolis. Base new text end 17.26 new text begin funding for this program is $232,000 in fiscal new text end 17.27 new text begin years 2014 and 2015. new text end 17.28 new text begin Veterans Homes Service Redesign. new text end new text begin new text end 17.29 new text begin $551,000 in fiscal year 2012 and $801,000 in new text end 17.30 new text begin fiscal year 2013, generated from additional new text end 17.31 new text begin nongeneral fund revenue and cost savings new text end 17.32 new text begin from operating efficiencies, are to be used to new text end 17.33 new text begin support the operational needs of the five state new text end 17.34 new text begin veterans homes. new text end 18.1    Sec. 4. Laws 2010, chapter 215, article 6, section 4, is amended to read: 18.2 Sec. 4. VETERANS HOMES18.3Of the appropriation in Laws 2009, chapter 18.494, article 3, section 2, subdivision 3, or from 18.5funds carried forward from fiscal year 2009: 18.6(1) $1,000,000 new text begin $800,000 new text end in fiscal year 2011 18.7is for operational expenses related to the 18.821-bed addition at the Fergus Falls Veterans 18.9Home; and 18.10(2) $113,000 new text begin $313,000 new text end in fiscal year 2011 is 18.11for start-up expenses related to the opening of 18.12an adult daycare facility at the Minneapolis 18.13Veterans Home. 18.14 new text begin An appropriation in this section that is new text end 18.15 new text begin unspent at the end of fiscal year 2011 carries new text end 18.16 new text begin forward and is available in fiscal year 2012. new text end 18.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 18.18    Sec. 5. new text begin REPEALER. new text end 18.19 new text begin Minnesota Statutes 2010, section 197.585, subdivision 5, new text end new text begin is repealed. new text end 18.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 18.21ARTICLE 3 18.22STATE GOVERNMENT OPERATIONS 18.23    Section 1. Minnesota Statutes 2010, section 3.85, subdivision 3, is amended to read: 18.24    Subd. 3. Membership. The commission consists of five new text begin seven new text end members of the 18.25senate appointed by the Subcommittee on Committees of the Committee on Rules and 18.26Administration and five new text begin seven new text end members of the house of representatives appointed by 18.27the speaker. new text begin No more than five members from each chamber may be from the majority new text end 18.28 new text begin caucus in that chamber. new text end Members shall be appointed at the commencement of each regular 18.29session of the legislature for a two-year term beginning January 16 of the first year of the 18.30regular session. Members continue to serve until their successors are appointed. Vacancies 18.31that occur while the legislature is in session shall be filled like regular appointments. If the 19.1legislature is not in session, senate vacancies shall be filled by the last Subcommittee on 19.2Committees of the senate Committee on Rules and Administration or other appointing 19.3authority designated by the senate rules, and house of representatives vacancies shall be 19.4filled by the last speaker of the house, or if the speaker is not available, by the last chair of 19.5the house of representatives Rules Committee. 19.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 19.7 new text begin Within ten days of the effective date of this section, the appointing authorities must new text end 19.8 new text begin appoint additional members to the commission, as required by this section. new text end 19.9    Sec. 2. new text begin [3D.01] SHORT TITLE. new text end 19.10 new text begin This chapter may be cited as the "Minnesota Sunset Act." new text end 19.11    Sec. 3. new text begin [3D.02] DEFINITIONS. new text end 19.12     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin The definitions in this section apply to this chapter. new text end 19.13     new text begin Subd. 2. new text end new text begin Advisory committee. new text end new text begin "Advisory committee" means a committee, council, new text end 19.14 new text begin commission, or other entity created under state law whose primary function is to advise new text end 19.15 new text begin a state agency. new text end 19.16     new text begin Subd. 3. new text end new text begin Commission. new text end new text begin "Commission" means the Sunset Advisory Commission. new text end 19.17     new text begin Subd. 4. new text end new text begin State agency. new text end new text begin "State agency" means an agency expressly made subject new text end 19.18 new text begin to this chapter. new text end 19.19    Sec. 4. new text begin [3D.03] SUNSET ADVISORY COMMISSION. new text end 19.20     new text begin Subdivision 1. new text end new text begin Membership. new text end new text begin (a) The Sunset Advisory Commission consists of 12 new text end 19.21 new text begin members appointed as follows: new text end 19.22 new text begin (1) five senators and one public member, appointed according to the rules of the new text end 19.23 new text begin senate, with no more than three senators from the majority caucus; and new text end 19.24 new text begin (2) five members of the house of representatives and one public member, appointed new text end 19.25 new text begin by the speaker of the house, with no more than three of the house members from the new text end 19.26 new text begin majority caucus. new text end 19.27 new text begin (b) The first members of the Sunset Advisory Commission must be appointed before new text end 19.28 new text begin September 1, 2011, for terms ending the first Monday in January 2013. new text end 19.29     new text begin Subd. 2. new text end new text begin Public member restrictions. new text end new text begin An individual is not eligible for appointment new text end 19.30 new text begin as a public member if the individual or the individual's spouse is: new text end 19.31 new text begin (1) regulated by a state agency that the commission will review during the term for new text end 19.32 new text begin which the individual would serve; new text end 20.1 new text begin (2) employed by, participates in the management of, or directly or indirectly has new text end 20.2 new text begin more than a ten percent interest in a business entity or other organization regulated by a new text end 20.3 new text begin state agency the commission will review during the term for which the individual would new text end 20.4 new text begin serve; or new text end 20.5 new text begin (3) required to register as a lobbyist under chapter 10A because of the person's new text end 20.6 new text begin activities for compensation on behalf of a profession or entity related to the operation of new text end 20.7 new text begin an agency under review. new text end 20.8     new text begin Subd. 3. new text end new text begin Removal. new text end new text begin (a) It is a ground for removal of a public member from the new text end 20.9 new text begin commission if the member does not have the qualifications required by subdivision 2 new text end 20.10 new text begin for appointment to the commission at the time of appointment or does not maintain the new text end 20.11 new text begin qualifications while serving on the commission. The validity of the commission's action is new text end 20.12 new text begin not affected by the fact that it was taken when a ground for removal of a public member new text end 20.13 new text begin from the commission existed. new text end 20.14 new text begin (b) Except as provided in paragraph (a), a public member may be removed only as new text end 20.15 new text begin provided in section 15.0575, subdivision 4. new text end 20.16     new text begin Subd. 4. new text end new text begin Terms. new text end new text begin Legislative members serve at the pleasure of the appointing new text end 20.17 new text begin authority. Public members serve two-year terms expiring the first Monday in January of new text end 20.18 new text begin each odd-numbered year. new text end 20.19     new text begin Subd. 5. new text end new text begin Limits. new text end new text begin Members are subject to the following restrictions: new text end 20.20 new text begin (1) after an individual serves four years on the commission, the individual is not new text end 20.21 new text begin eligible for appointment to another term or part of a term; new text end 20.22 new text begin (2) a legislative member who serves a full term may not be appointed to an new text end 20.23 new text begin immediately succeeding term; and new text end 20.24 new text begin (3) a public member may not serve consecutive terms, and, for purposes of this new text end 20.25 new text begin prohibition, a member is considered to have served a term only if the member has served new text end 20.26 new text begin more than one-half of the term. new text end 20.27     new text begin Subd. 6. new text end new text begin Appointments. new text end new text begin Appointments must be made before the second Monday of new text end 20.28 new text begin January of each odd-numbered year. new text end 20.29     new text begin Subd. 7. new text end new text begin Legislative members. new text end new text begin If a legislative member ceases to be a member new text end 20.30 new text begin of the legislative body from which the member was appointed, the member vacates new text end 20.31 new text begin membership on the commission. new text end 20.32     new text begin Subd. 8. new text end new text begin Vacancies. new text end new text begin If a vacancy occurs, the appointing authority shall appoint a new text end 20.33 new text begin person to serve for the remainder of the unexpired term in the same manner as the original new text end 20.34 new text begin appointment. new text end 20.35     new text begin Subd. 9. new text end new text begin Officers. new text end new text begin The commission shall have a chair and vice-chair as presiding new text end 20.36 new text begin officers. new text end 21.1     new text begin Subd. 10. new text end new text begin Quorum; voting. new text end new text begin Seven members of the commission constitute a new text end 21.2 new text begin quorum. A final action or recommendation may not be made unless approved by a new text end 21.3 new text begin recorded vote of at least seven members. All other actions by the commission shall be new text end 21.4 new text begin decided by a majority of the members present and voting. new text end 21.5     new text begin Subd. 11. new text end new text begin Compensation. new text end new text begin Each public member shall be reimbursed for expenses new text end 21.6 new text begin as provided in section 15.0575. Compensation for legislators is as determined by the new text end 21.7 new text begin members' legislative chamber. new text end 21.8    Sec. 5. new text begin [3D.04] STAFF. new text end 21.9 new text begin The Legislative Coordinating Commission shall provide staff and administrative new text end 21.10 new text begin services for the commission. new text end 21.11    Sec. 6. new text begin [3D.05] RULES. new text end 21.12 new text begin The commission may adopt rules necessary to carry out this chapter. new text end 21.13    Sec. 7. new text begin [3D.06] AGENCY REPORT TO COMMISSION. new text end 21.14 new text begin Before September 1 of the odd-numbered year before the year in which a state new text end 21.15 new text begin agency is sunset, the agency commissioner shall report to the commission: new text end 21.16 new text begin (1) information regarding the application to the agency of the criteria in section new text end 21.17 new text begin 3D.10; new text end 21.18 new text begin (2) a priority-based budget for the agency; new text end 21.19 new text begin (3) an inventory of all boards, commissions, committees, and other entities related new text end 21.20 new text begin to the agency; and new text end 21.21 new text begin (4) any other information that the agency commissioner considers appropriate or that new text end 21.22 new text begin is requested by the commission. new text end 21.23    Sec. 8. new text begin [3D.07] COMMISSION DUTIES. new text end 21.24 new text begin Before January 1 of the year in which a state agency subject to this chapter and its new text end 21.25 new text begin advisory committees are sunset, the commission shall: new text end 21.26 new text begin (1) review and take action necessary to verify the reports submitted by the agency; new text end 21.27 new text begin and new text end 21.28 new text begin (2) conduct a review of the agency based on the criteria provided in section 3D.10 new text end 21.29 new text begin and prepare a written report. new text end 21.30    Sec. 9. new text begin [3D.08] PUBLIC HEARINGS. new text end 22.1 new text begin Before February 1 of the year a state agency subject to this chapter and its advisory new text end 22.2 new text begin committees are sunset, the commission shall conduct public hearings concerning but not new text end 22.3 new text begin limited to the application to the agency of the criteria provided in section 3D.10. new text end 22.4    Sec. 10. new text begin [3D.09] COMMISSION REPORT. new text end 22.5 new text begin By February 1 of each even-numbered year, the commission shall present to the new text end 22.6 new text begin legislature and the governor a report on the agencies and advisory committees reviewed. new text end 22.7 new text begin In the report the commission shall include: new text end 22.8 new text begin (1) its findings regarding the criteria prescribed by section 3D.10; new text end 22.9 new text begin (2) its recommendations based on the matters prescribed by section 3D.11; and new text end 22.10 new text begin (3) other information the commission considers necessary for a complete review new text end 22.11 new text begin of the agency. new text end 22.12    Sec. 11. new text begin [3D.10] CRITERIA FOR REVIEW. new text end 22.13 new text begin The commission and its staff shall consider the following criteria in determining new text end 22.14 new text begin whether a public need exists for the continuation of a state agency or its advisory new text end 22.15 new text begin committees or for the performance of the functions of the agency or its advisory new text end 22.16 new text begin committees: new text end 22.17 new text begin (1) the efficiency and effectiveness with which the agency or the advisory committee new text end 22.18 new text begin operates; new text end 22.19 new text begin (2) an identification of the mission, goals, and objectives intended for the agency or new text end 22.20 new text begin advisory committee and of the problem or need that the agency or advisory committee new text end 22.21 new text begin was intended to address and the extent to which the mission, goals, and objectives have new text end 22.22 new text begin been achieved and the problem or need has been addressed; new text end 22.23 new text begin (3) an identification of any activities of the agency in addition to those granted by new text end 22.24 new text begin statute and of the authority for those activities and the extent to which those activities new text end 22.25 new text begin are needed; new text end 22.26 new text begin (4) an assessment of authority of the agency relating to fees, inspections, new text end 22.27 new text begin enforcement, and penalties; new text end 22.28 new text begin (5) whether less restrictive or alternative methods of performing any function that new text end 22.29 new text begin the agency performs could adequately protect or provide service to the public; new text end 22.30 new text begin (6) the extent to which the jurisdiction of the agency and the programs administered new text end 22.31 new text begin by the agency overlap or duplicate those of other agencies, the extent to which the agency new text end 22.32 new text begin coordinates with those agencies, and the extent to which the programs administered by the new text end 22.33 new text begin agency can be consolidated with the programs of other state agencies; new text end 23.1 new text begin (7) the promptness and effectiveness with which the agency addresses complaints new text end 23.2 new text begin concerning entities or other persons affected by the agency, including an assessment of the new text end 23.3 new text begin agency's administrative hearings process; new text end 23.4 new text begin (8) an assessment of the agency's rulemaking process and the extent to which the new text end 23.5 new text begin agency has encouraged participation by the public in making its rules and decisions and new text end 23.6 new text begin the extent to which the public participation has resulted in rules that benefit the public; new text end 23.7 new text begin (9) the extent to which the agency has complied with federal and state laws and new text end 23.8 new text begin applicable rules regarding equality of employment opportunity and the rights and privacy new text end 23.9 new text begin of individuals, and state law and applicable rules of any state agency regarding purchasing new text end 23.10 new text begin guidelines and programs for historically underutilized businesses; new text end 23.11 new text begin (10) the extent to which the agency issues and enforces rules relating to potential new text end 23.12 new text begin conflicts of interest of its employees; new text end 23.13 new text begin (11) the extent to which the agency complies with chapter 13 and follows records new text end 23.14 new text begin management practices that enable the agency to respond efficiently to requests for public new text end 23.15 new text begin information; and new text end 23.16 new text begin (12) the effect of federal intervention or loss of federal funds if the agency is new text end 23.17 new text begin abolished. new text end 23.18    Sec. 12. new text begin [3D.11] RECOMMENDATIONS. new text end 23.19 new text begin (a) In its report on a state agency, the commission shall: new text end 23.20 new text begin (1) make recommendations on the abolition, continuation, or reorganization of each new text end 23.21 new text begin affected state agency and its advisory committees and on the need for the performance of new text end 23.22 new text begin the functions of the agency and its advisory committees; new text end 23.23 new text begin (2) make recommendations on the consolidation, transfer, or reorganization of new text end 23.24 new text begin programs within state agencies not under review when the programs duplicate functions new text end 23.25 new text begin performed in agencies under review; and new text end 23.26 new text begin (3) make recommendations to improve the operations of the agency, its policy body, new text end 23.27 new text begin and its advisory committees, including management recommendations that do not require new text end 23.28 new text begin a change in the agency's enabling statute. new text end 23.29 new text begin (b) The commission shall include the estimated fiscal impact of its recommendations new text end 23.30 new text begin and may recommend appropriation levels for certain programs to improve the operations new text end 23.31 new text begin of the state agency. new text end 23.32 new text begin (c) The commission shall have drafts of legislation prepared to carry out the new text end 23.33 new text begin commission's recommendations under this section, including legislation necessary new text end 23.34 new text begin to continue the existence of agencies that would otherwise sunset if the commission new text end 23.35 new text begin recommends continuation of an agency. new text end 24.1 new text begin (d) After the legislature acts on the report under section 3D.09, the commission shall new text end 24.2 new text begin present to the legislative auditor the commission's recommendations that do not require new text end 24.3 new text begin a statutory change to be put into effect. Subject to the legislative audit commission's new text end 24.4 new text begin approval, the legislative auditor may examine the recommendations and include as part new text end 24.5 new text begin of the next audit of the agency a report on whether the agency has implemented the new text end 24.6 new text begin recommendations and, if so, in what manner. new text end 24.7    Sec. 13. new text begin [3D.12] MONITORING OF RECOMMENDATIONS. new text end 24.8 new text begin During each legislative session, the staff of the commission shall monitor legislation new text end 24.9 new text begin affecting agencies that have undergone sunset review and shall periodically report new text end 24.10 new text begin to the members of the commission on proposed changes that would modify prior new text end 24.11 new text begin recommendations of the commission. new text end 24.12    Sec. 14. new text begin [3D.13] REVIEW OF ADVISORY COMMITTEES. new text end 24.13 new text begin An advisory committee, the primary function of which is to advise a particular state new text end 24.14 new text begin agency, is subject to sunset on the date set for sunset of the agency unless the advisory new text end 24.15 new text begin committee is expressly continued by law. new text end 24.16    Sec. 15. new text begin [3D.14] CONTINUATION BY LAW. new text end 24.17 new text begin During the regular session immediately before the sunset of a state agency or an new text end 24.18 new text begin advisory committee that is subject to this chapter, the legislature may enact legislation new text end 24.19 new text begin to continue the agency or advisory committee for a period not to exceed 12 years. This new text end 24.20 new text begin chapter does not prohibit the legislature from: new text end 24.21 new text begin (1) terminating a state agency or advisory committee subject to this chapter at a date new text end 24.22 new text begin earlier than that provided in this chapter; or new text end 24.23 new text begin (2) considering any other legislation relative to a state agency or advisory committee new text end 24.24 new text begin subject to this chapter. new text end 24.25    Sec. 16. new text begin [3D.15] PROCEDURE AFTER TERMINATION. new text end 24.26     new text begin Subdivision 1. new text end new text begin Termination. new text end new text begin Unless otherwise provided by law: new text end 24.27 new text begin (1) if after sunset review a state agency is abolished, the agency may continue in new text end 24.28 new text begin existence until June 30 of the following year to conclude its business; new text end 24.29 new text begin (2) abolishment does not reduce or otherwise limit the powers and authority of the new text end 24.30 new text begin state agency during the concluding year; new text end 24.31 new text begin (3) a state agency is terminated and shall cease all activities at the expiration of new text end 24.32 new text begin the one-year period; and new text end 25.1 new text begin (4) all rules that have been adopted by the state agency expire at the expiration of new text end 25.2 new text begin the one-year period. new text end 25.3     new text begin Subd. 2. new text end new text begin Funds of abolished agency or advisory committee. new text end new text begin (a) Any unobligated new text end 25.4 new text begin and unexpended appropriations of an abolished agency or advisory committee lapse on new text end 25.5 new text begin June 30 of the year after abolishment. new text end 25.6 new text begin (b) Except as provided by subdivision 4 or as otherwise provided by law, all money new text end 25.7 new text begin in a dedicated fund of an abolished state agency or advisory committee on June 30 of the new text end 25.8 new text begin year after abolishment is transferred to the general fund. The part of the law dedicating new text end 25.9 new text begin the money to a specific fund of an abolished agency becomes void on June 30 of the year new text end 25.10 new text begin after abolishment. new text end 25.11     new text begin Subd. 3. new text end new text begin Property and records of abolished agency or advisory committee. new text end 25.12 new text begin Unless the governor designates an appropriate state agency as prescribed by subdivision 4, new text end 25.13 new text begin property and records in the custody of an abolished state agency or advisory committee new text end 25.14 new text begin on June 30 of the year after abolishment must be transferred to the commissioner of new text end 25.15 new text begin administration. If the governor designates an appropriate state agency, the property and new text end 25.16 new text begin records must be transferred to the designated state agency. new text end 25.17     new text begin Subd. 4. new text end new text begin Continuing obligations. new text end new text begin (a) The legislature recognizes the state's new text end 25.18 new text begin continuing obligation to pay bonded indebtedness and all other obligations, including new text end 25.19 new text begin lease, contract, and other written obligations, incurred by a state agency or advisory new text end 25.20 new text begin committee abolished under this chapter, and this chapter does not impair or impede the new text end 25.21 new text begin payment of bonded indebtedness and all other obligations, including lease, contract, and new text end 25.22 new text begin other written obligations, in accordance with their terms. If an abolished state agency or new text end 25.23 new text begin advisory committee has outstanding bonded indebtedness or other outstanding obligations, new text end 25.24 new text begin including lease, contract, and other written obligations, the bonds and all other obligations, new text end 25.25 new text begin including lease, contract, and other written obligations, remain valid and enforceable in new text end 25.26 new text begin accordance with their terms and subject to all applicable terms and conditions of the laws new text end 25.27 new text begin and proceedings authorizing the bonds and all other obligations, including lease, contract, new text end 25.28 new text begin and other written obligations. new text end 25.29 new text begin (b) The governor shall designate an appropriate state agency that shall continue to new text end 25.30 new text begin carry out all covenants contained in the bonds and in all other obligations, including lease, new text end 25.31 new text begin contract, and other written obligations, and the proceedings authorizing them, including new text end 25.32 new text begin the issuance of bonds, and the performance of all other obligations, including lease, new text end 25.33 new text begin contract, and other written obligations, to complete the construction of projects or the new text end 25.34 new text begin performance of other obligations, including lease, contract, and other written obligations. new text end 25.35 new text begin (c) The designated state agency shall provide payment from the sources of payment new text end 25.36 new text begin of the bonds in accordance with the terms of the bonds and shall provide payment from new text end 26.1 new text begin the sources of payment of all other obligations, including lease, contract, and other written new text end 26.2 new text begin obligations, in accordance with their terms, whether from taxes, revenues, or otherwise, new text end 26.3 new text begin until the bonds and interest on the bonds are paid in full and all other obligations, new text end 26.4 new text begin including lease, contract, and other written obligations, are performed and paid in full. new text end 26.5 new text begin If the proceedings so provide, all funds established by laws or proceedings authorizing new text end 26.6 new text begin the bonds or authorizing other obligations, including lease, contract, and other written new text end 26.7 new text begin obligations, must remain with the comptroller or the previously designated trustees. If the new text end 26.8 new text begin proceedings do not provide that the funds remain with the comptroller or the previously new text end 26.9 new text begin designated trustees, the funds must be transferred to the designated state agency. new text end 26.10    Sec. 17. new text begin [3D.16] ASSISTANCE OF AND ACCESS TO STATE AGENCIES. new text end 26.11 new text begin The commission may request the assistance of state agencies and officers. When new text end 26.12 new text begin assistance is requested, a state agency or officer shall assist the commission. In carrying new text end 26.13 new text begin out its functions under this chapter, the commission or its designated staff member may new text end 26.14 new text begin inspect the records, documents, and files of any state agency. new text end 26.15    Sec. 18. new text begin [3D.17] RELOCATION OF EMPLOYEES. new text end 26.16 new text begin If an employee is displaced because a state agency or its advisory committee is new text end 26.17 new text begin abolished or reorganized, the state agency shall make a reasonable effort to relocate the new text end 26.18 new text begin displaced employee. new text end 26.19    Sec. 19. new text begin [3D.18] SAVING PROVISION. new text end 26.20 new text begin Except as otherwise expressly provided, abolition of a state agency does not affect new text end 26.21 new text begin rights and duties that matured, penalties that were incurred, civil or criminal liabilities that new text end 26.22 new text begin arose, or proceedings that were begun before the effective date of the abolition. new text end 26.23    Sec. 20. new text begin [3D.19] REVIEW OF PROPOSED LEGISLATION CREATING AN new text end 26.24 new text begin AGENCY. new text end 26.25 new text begin Each bill filed in a house of the legislature that would create a new state agency or new text end 26.26 new text begin a new advisory committee to a state agency shall be reviewed by the commission. The new text end 26.27 new text begin commission shall review the bill to determine if: new text end 26.28 new text begin (1) the proposed functions of the agency or committee could be administered by one new text end 26.29 new text begin or more existing state agencies or advisory committees; new text end 26.30 new text begin (2) the form of regulation, if any, proposed by the bill is the least restrictive form of new text end 26.31 new text begin regulation that will adequately protect the public; new text end 27.1 new text begin (3) the bill provides for adequate public input regarding any regulatory function new text end 27.2 new text begin proposed by the bill; and new text end 27.3 new text begin (4) the bill provides for adequate protection against conflicts of interest within new text end 27.4 new text begin the agency or committee. new text end 27.5    Sec. 21. new text begin [3D.20] GIFTS AND GRANTS. new text end 27.6 new text begin The commission may accept gifts, grants, and donations from any organization new text end 27.7 new text begin described in section 501(c)(3) of the Internal Revenue Code for the purpose of funding new text end 27.8 new text begin any activity under this chapter. All gifts, grants, and donations must be accepted in an new text end 27.9 new text begin open meeting by a majority of the voting members of the commission and reported in the new text end 27.10 new text begin public record of the commission with the name of the donor and purpose of the gift, grant, new text end 27.11 new text begin or donation. Money received under this section is appropriated to the commission. new text end 27.12    Sec. 22. new text begin [3D.21] EXPIRATION. new text end 27.13     new text begin Subdivision 1. new text end new text begin Group 1. new text end new text begin The following agencies are sunset and expire on June new text end 27.14 new text begin 30, 2012: Department of Health, Department of Human Rights, Department of Human new text end 27.15 new text begin Services, all health-related licensing boards listed in section 214.01, Council on Affairs new text end 27.16 new text begin of Chicano/Latino People, Council on Black Minnesotans, Council on Asian-Pacific new text end 27.17 new text begin Minnesotans, Indian Affairs Council, Council on Disabilities, and all advisory groups new text end 27.18 new text begin associated with these agencies. new text end 27.19     new text begin Subd. 2. new text end new text begin Group 2. new text end new text begin The following agencies are sunset and expire on June 30, 2014: new text end 27.20 new text begin Department of Education, Board of Teaching, Minnesota Office of Higher Education, and new text end 27.21 new text begin all advisory groups associated with these agencies. new text end 27.22     new text begin Subd. 3. new text end new text begin Group 3. new text end new text begin The following agencies are sunset and expire on June 30, 2016: new text end 27.23 new text begin Department of Commerce, Department of Employment and Economic Development, new text end 27.24 new text begin Department of Labor and Industry, all non-health-related licensing boards listed in new text end 27.25 new text begin section 214.01 except as otherwise provided in this section, Explore Minnesota Tourism, new text end 27.26 new text begin Public Utilities Commission, Iron Range Resources and Rehabilitation Board, Bureau of new text end 27.27 new text begin Mediation Services, Combative Sports Commission, Amateur Sports Commission, and all new text end 27.28 new text begin advisory groups associated with these agencies. new text end 27.29     new text begin Subd. 4. new text end new text begin Group 4. new text end new text begin The following agencies are sunset and expire on June 30, 2018: new text end 27.30 new text begin Department of Corrections, Department of Public Safety, Department of Transportation, new text end 27.31 new text begin Peace Officer Standards and Training Board, Corrections Ombudsman, and all advisory new text end 27.32 new text begin groups associated with these agencies. new text end 27.33     new text begin Subd. 5. new text end new text begin Group 5. new text end new text begin The following agencies are sunset and expire on June 30, 2020: new text end 27.34 new text begin Department of Agriculture, Department of Natural Resources, Pollution Control Agency, new text end 28.1 new text begin Board of Animal Health, Board of Water and Soil Resources, and all advisory groups new text end 28.2 new text begin associated with these agencies. new text end 28.3     new text begin Subd. 6. new text end new text begin Group 6. new text end new text begin The following agencies are sunset and expire on June 30, 2022: new text end 28.4 new text begin Department of Administration, Department of Management and Budget, Department of new text end 28.5 new text begin Military Affairs, Department of Revenue, Department of Veterans Affairs, Arts Board, new text end 28.6 new text begin Minnesota Zoo, Office of Administrative Hearings, Campaign Finance and Public new text end 28.7 new text begin Disclosure Board, Capitol Area Architectural and Planning Board, Office of Enterprise new text end 28.8 new text begin Technology, Minnesota Racing Commission, and all advisory groups associated with new text end 28.9 new text begin these agencies. new text end 28.10     new text begin Subd. 7. new text end new text begin Continuation. new text end new text begin Following sunset review of an agency, the legislature may new text end 28.11 new text begin act within the same legislative session in which the sunset report was received on Sunset new text end 28.12 new text begin Advisory Commission recommendations to continue or reorganize the agency. new text end 28.13     new text begin Subd. 8. new text end new text begin Other groups. new text end new text begin The commission may review, under the criteria in new text end 28.14 new text begin section 3D.10, and propose to the legislature an expiration date for any agency, board, new text end 28.15 new text begin commission, or program not listed in this section. new text end 28.16    Sec. 23. Minnesota Statutes 2010, section 6.48, is amended to read: 28.176.48 EXAMINATION OF COUNTIES; COST, FEES. 28.18 new text begin (a) new text end All the powers and duties conferred and imposed upon the state auditor shall 28.19be exercised and performed by the state auditor in respect to the offices, institutions, 28.20public property, and improvements of several counties of the state. At least once in each 28.21year, if funds and personnel permit, the state auditor may visit, without previous notice, 28.22each county and make a thorough examination of all accounts and records relating to the 28.23receipt and disbursement of the public funds and the custody of the public funds and 28.24other property. If the audit is performed by a private certified public accountant, the state 28.25auditor may require additional information from the private certified public accountant as 28.26the state auditor deems in the public interest. The state auditor may accept the audit or 28.27make additional examinations as the state auditor deems to be in the public interest. The 28.28state auditor shall prescribe and install systems of accounts and financial reports that shall 28.29be uniform, so far as practicable, for the same class of offices. A copy of the report of 28.30such examination shall be filed and be subject to public inspection in the office of the state 28.31auditor and another copy in the office of the auditor of the county thus examined. The state 28.32auditor may accept the records and audit, or any part thereof, of the Department of Human 28.33Services in lieu of examination of the county social welfare funds, if such audit has been 28.34made within any period covered by the state auditor's audit of the other records of the 28.35county. If any such examination shall disclose malfeasance, misfeasance, or nonfeasance 29.1in any office of such county, such report shall be filed with the county attorney of the 29.2county, and the county attorney shall institute such civil and criminal proceedings as the 29.3law and the protection of the public interests shall require. 29.4 new text begin (b) new text end The county receiving any examination shall pay to the state general fund, 29.5notwithstanding the provisions of section 16A.125, the total cost and expenses of such 29.6examinations, including the salaries paid to the examiners while actually engaged in 29.7making such examination. The state auditor on deeming it advisable may bill counties, 29.8having a population of 200,000 or over, monthly for services rendered and the officials 29.9responsible for approving and paying claims shall cause said bill to be promptly paid. The 29.10general fund shall be credited with all collections made for any such examinations. 29.11 new text begin (c) Notwithstanding paragraph (a), a county may provide for an audit to be new text end 29.12 new text begin performed by a certified public accountant firm meeting the requirements of section new text end 29.13 new text begin 326A.05. A county must notify the state auditor before January 1 of a year in which the new text end 29.14 new text begin county intends to have an audit performed by a certified public accounting firm. A county new text end 29.15 new text begin currently using a certified public accounting firm must notify the state auditor before new text end 29.16 new text begin January 1 of a year in which the county intends for the state auditor to audit the county. new text end 29.17 new text begin The audit performed under this paragraph must meet the standards and be in the form new text end 29.18 new text begin required by the state auditor. The state auditor may require additional information from new text end 29.19 new text begin the certified public accountant firm as the state auditor deems in the public interest, but the new text end 29.20 new text begin state auditor must accept the audit unless the state auditor determines that it does not meet new text end 29.21 new text begin recognized industry auditing standards or is not in the form required by the state auditor. new text end 29.22    Sec. 24. Minnesota Statutes 2010, section 15.06, subdivision 8, is amended to read: 29.23    Subd. 8. Number of deputy commissioners new text begin ; no assistant commissioners new text end . Unless 29.24specifically authorized by statute, other than section 43A.08, subdivision 2 new text begin Except for new text end 29.25 new text begin the Department of Veterans Affairs new text end , no department or agency specified in subdivision 1 29.26shall have more than one deputy commissioner. new text begin No department or agency specified in new text end 29.27 new text begin subdivision 1 may employ an assistant commissioner. new text end 29.28    Sec. 25. new text begin [15.062] COST-EFFECTIVE PROVISION OF SERVICES. new text end 29.29 new text begin (a) The head or governing board of each state department or agency, including the new text end 29.30 new text begin Minnesota state colleges and universities, must carry out the agency's powers and duties new text end 29.31 new text begin in the most cost-effective manner possible. The agency head or governing board must new text end 29.32 new text begin determine if the most cost-effective manner of carrying out each of the agency's powers new text end 29.33 new text begin and duties is to hire state employees or to contract with outside sources. new text end 30.1 new text begin (b) If an agency decides to seek an outside vendor to perform work currently done new text end 30.2 new text begin by state employees, the agency must permit groups of state employees to compete for the new text end 30.3 new text begin business by submitting responses to the agency's solicitation documents. Notwithstanding new text end 30.4 new text begin section 16A.127 or any other law to the contrary, no statewide or agency indirect costs new text end 30.5 new text begin may be assessed to a group of agency employees with respect to work performed under new text end 30.6 new text begin a contract awarded to a group of employees under this section. This section supersedes new text end 30.7 new text begin any provision of law preventing a state agency from entering into a contract with a state new text end 30.8 new text begin employee. new text end 30.9    Sec. 26. new text begin [15.76] SAVI PROGRAM. new text end 30.10     new text begin Subdivision 1. new text end new text begin Program established. new text end new text begin The state agency value initiative (SAVI) new text end 30.11 new text begin program is established to encourage state agencies to identify cost-effective and efficiency new text end 30.12 new text begin measures in agency programs and operations that result in cost savings for the state. All new text end 30.13 new text begin state agencies, including Minnesota State Colleges and Universities, may participate in new text end 30.14 new text begin this program. new text end 30.15     new text begin Subd. 2. new text end new text begin Retained savings. new text end new text begin (a) In order to encourage innovation and creative new text end 30.16 new text begin cost savings by state employees, upon approval of the commissioner of management new text end 30.17 new text begin and budget, 50 percent of any appropriations for agency operations that remain unspent new text end 30.18 new text begin at the end of a biennium because of unanticipated innovation, efficiencies, or creative new text end 30.19 new text begin cost-savings may be carried forward and retained by the agency to fund specific agency new text end 30.20 new text begin proposals or projects. Agencies choosing to spend retained savings funds must ensure that new text end 30.21 new text begin project expenditures do not create future obligations beyond the amounts available from new text end 30.22 new text begin the retained savings. The retained savings must be used only to fund projects that directly new text end 30.23 new text begin support the agency's mission. This section does not restrict authority granted by other law new text end 30.24 new text begin to carry forward money for a different period or for different purposes. new text end 30.25 new text begin (b) This section supersedes any contrary provision of section 16A.28. new text end 30.26     new text begin Subd. 3. new text end new text begin Special peer review panel; review process. new text end new text begin (a) Each participating agency new text end 30.27 new text begin must organize a peer review panel that will determine which proposal or project receives new text end 30.28 new text begin funding from the SAVI program. The peer review panel must be comprised of department new text end 30.29 new text begin employees who are credited with cost-savings initiatives and department managers. The new text end 30.30 new text begin ratio between managers and department employees must be balanced. new text end 30.31 new text begin (b) An agency may spend money for a project recommended for funding by the new text end 30.32 new text begin peer review panel after: new text end 30.33 new text begin (1) the agency has posted notice of spending for the proposed project on the agency new text end 30.34 new text begin Web site for at least 30 days; and new text end 31.1 new text begin (2) the commissioner of management and budget has approved spending money new text end 31.2 new text begin from the SAVI account for the project. new text end 31.3 new text begin (c) Before approving a project, the commissioner of management and budget new text end 31.4 new text begin must submit the request to the Legislative Advisory Commission for its review and new text end 31.5 new text begin recommendation. Upon receiving a request from the commissioner, the Legislative new text end 31.6 new text begin Advisory Commission shall post notice of the request on a legislative Web site for at least new text end 31.7 new text begin 30 days. Failure of the commission to make a recommendation within this 30-day period new text end 31.8 new text begin is considered a negative recommendation. A recommendation of the commission must be new text end 31.9 new text begin made at a meeting of the commission unless a written recommendation is signed by all new text end 31.10 new text begin the members entitled to vote on the item. new text end 31.11     new text begin Subd. 4. new text end new text begin SAVI-dedicated account. new text end new text begin Each agency that participates in the SAVI new text end 31.12 new text begin program shall have a SAVI-dedicated account in the special revenue fund, or other new text end 31.13 new text begin appropriate fund as determined by the commissioner of management and budget, into new text end 31.14 new text begin which the agency's savings are deposited. The agency will manage and review projects new text end 31.15 new text begin that are funded from this account. Money in the account is appropriated to the participating new text end 31.16 new text begin agency for purposes authorized by this section. new text end 31.17     new text begin Subd. 5. new text end new text begin Expiration. new text end new text begin This section expires June 30, 2018. new text end 31.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective June 30, 2013, and first applies to new text end 31.19 new text begin funds to be carried forward from the biennium ending June 30, 2013, to the biennium new text end 31.20 new text begin beginning July 1, 2013. new text end 31.21    Sec. 27. new text begin [15B.055] PUBLIC ACCESS TO PARKING SPACES. new text end 31.22 new text begin To provide the public with greater access to legislative proceedings, all parking new text end 31.23 new text begin spaces on Aurora Avenue in front of the Capitol building must be reserved for the public. new text end 31.24 new text begin Revenue derived from public parking in these spaces must be deposited in the general fund. new text end 31.25    Sec. 28. Minnesota Statutes 2010, section 16A.10, subdivision 1a, is amended to read: 31.26    Subd. 1a. Purpose of performance data. Performance data shall be presented in 31.27the budget proposal to: 31.28(1) provide information so that the legislature can determine the extent to which 31.29state programs new text begin and activities new text end are successful; 31.30(2) encourage agencies to develop clear new text begin and measurable new text end goals and objectives for 31.31their programs new text begin and activities new text end ; and 31.32(3) strengthen accountability to Minnesotans by providing a record of state 31.33government's performance in providing effective and efficient services. 32.1    Sec. 29. Minnesota Statutes 2010, section 16A.10, subdivision 1b, is amended to read: 32.2    Subd. 1b. Performance data format. new text begin (a) As part of the budget proposal, new text end agencies 32.3shall new text begin : new text end 32.4 new text begin (1) describe the goals and objectives of each agency program and activity; and new text end 32.5 new text begin (2) new text end present performance data that measures the performance of programs new text begin and new text end 32.6 new text begin activities new text end in meeting program goals and objectives. 32.7 new text begin (b) new text end Measures reported new text begin must be outcome-based and objective, and new text end may include 32.8indicators of outputs, efficiency, outcomes, and other measures relevant to understanding 32.9each program new text begin and activity new text end . 32.10 new text begin (c) new text end Agencies shall present as much historical information as needed to understand 32.11major trends and shall set targets for future performance issues where feasible and 32.12appropriate. The information shall appropriately highlight agency performance issues that 32.13would assist legislative review and decision making. 32.14 new text begin (d) For purposes of this subdivision, subdivision 1a, and section 16A.106, the terms new text end 32.15 new text begin "program" and "activity" are used in the same manner as the terms are used in state new text end 32.16 new text begin budgeting. However, the commissioner may authorize an agency to define these terms in a new text end 32.17 new text begin different manner if that allows for a more effective presentation of performance data. new text end 32.18    Sec. 30. Minnesota Statutes 2010, section 16A.10, subdivision 1c, is amended to read: 32.19    Subd. 1c. Performance measures for change items. For each change item in the 32.20budget proposal requesting new or increased funding, the budget document must present 32.21proposed performance measures that can be used to determine if the new or increased 32.22funding is accomplishing its goals. To the extent possible, each budget change item 32.23must identify relevant Minnesota Milestones and other statewide goals and indicators 32.24related to the proposed initiative. The commissioner must report to the Subcommittee on 32.25Government Accountability established under section 3.885, subdivision 10, regarding the 32.26format to be used for the presentation and selection of Minnesota Milestones and other 32.27statewide goals and indicators. 32.28    Sec. 31. Minnesota Statutes 2010, section 16A.103, subdivision 1a, is amended to read: 32.29    Subd. 1a. Forecast parameters. The forecast must assume the continuation of 32.30current laws and reasonable estimates of projected growth in the national and state 32.31economies and affected populations. Revenue must be estimated for all sources provided 32.32for in current law. Expenditures must be estimated for all obligations imposed by law and 32.33those projected to occur as a result of variables outside the control of the legislature. 32.34 new text begin Expenditures for the current biennium must be based on actual appropriations or, for new text end 33.1 new text begin forecasted programs, the amount needed to fund the formula in law. The base for new text end 33.2 new text begin expenditures projections for the next biennium is the amount appropriated in the second new text end 33.3 new text begin year of the current biennium, except as provided by other law, or, for forecasted programs, new text end 33.4 new text begin the amount needed to fund the formula in law. new text end Expenditure estimates must not include an 33.5allowance for inflation. 33.6    Sec. 32. new text begin [16A.106] ZERO-BASED BUDGETING PRINCIPLES. new text end 33.7 new text begin (a) The detailed budget presented to the legislature must include: new text end 33.8 new text begin (1) a description of each budget activity for which the agency or entity receives new text end 33.9 new text begin an appropriation in the current biennium or for which the agency or entity requests an new text end 33.10 new text begin appropriation in the next biennium; new text end 33.11 new text begin (2) for each budget activity, three alternative funding levels or alternative ways of new text end 33.12 new text begin performing the budget activity, at least one of which is less than the previous biennium's new text end 33.13 new text begin actual expenditures for that budget activity, a summary of the priorities that would be new text end 33.14 new text begin accomplished within each level compared to a zero budget, and the additional increments new text end 33.15 new text begin of value that would be added by the higher funding levels compared to what would be new text end 33.16 new text begin accomplished if there were no funding for the activity; and new text end 33.17 new text begin (3) for each budget activity, performance data as specified in section 16A.10, new text end 33.18 new text begin subdivision 1b, the predicted effect of the three alternative funding levels on future new text end 33.19 new text begin performance, and also one or more measures of cost efficiency and effectiveness of new text end 33.20 new text begin program delivery, which must include comparisons to other states or entities with similar new text end 33.21 new text begin programs. new text end 33.22 new text begin (b) The commissioner's budget preparation guidelines and instructions must contain new text end 33.23 new text begin requirements, deadlines, and technical assistance to facilitate implementation of this new text end 33.24 new text begin section. After consultation with the legislative commission on planning and fiscal policy, new text end 33.25 new text begin the commissioner's instructions may establish parameters for the three alternative funding new text end 33.26 new text begin levels required in clause (3). new text end 33.27 new text begin (c) The governor's recommendations must prioritize the budget activities within an new text end 33.28 new text begin agency or program area. To the extent activities in more than one agency or program area new text end 33.29 new text begin are meeting the same goals, the recommendations must prioritize budget activities across new text end 33.30 new text begin agencies or programs with the same goals, and this prioritization must include agencies or new text end 33.31 new text begin programs not subject to zero-based budgeting principles that biennium. new text end 33.32 new text begin (d) Expenditures for debt service under section 16A.642, subdivision 10, are not new text end 33.33 new text begin subject to zero-based budgeting principles. new text end 33.34 new text begin EFFECTIVE DATE. new text end new text begin (a) The zero-based budgeting principles in this section first new text end 33.35 new text begin apply to the following budget proposals for the biennium beginning July 1, 2013: new text end 34.1 new text begin (1) legislative branch; new text end 34.2 new text begin (2) judicial branch; new text end 34.3 new text begin (3) Minnesota State Colleges and Universities system; and new text end 34.4 new text begin (4) approximately half of expenditure programs in the executive branch, designated new text end 34.5 new text begin by the governor, in consultation with the chairs and lead minority members of the senate new text end 34.6 new text begin Finance Committee and the house of representatives Ways and Means Committee. new text end 34.7 new text begin (b) The zero-based budgeting principles in this section apply to all budget proposals new text end 34.8 new text begin for the biennium beginning July 1, 2015, and after. new text end 34.9    Sec. 33. Minnesota Statutes 2010, section 16A.11, subdivision 3, is amended to read: 34.10    Subd. 3. Part two: detailed budget. (a) Part two of the budget, the detailed budget 34.11estimates both of expenditures and revenues, must contain any statements on the financial 34.12plan which the governor believes desirable or which may be required by the legislature. 34.13The detailed estimates shall include the governor's budget arranged in tabular form. 34.14(b) new text begin For programs designated for the zero-based budgeting principles under section new text end 34.15 new text begin 16A.106, the budget must be prepared according to the requirements of that section. new text end 34.16 new text begin (c) For programs not designated for zero-based budgeting principles under section new text end 34.17 new text begin 16A.106, new text end tables listing expenditures for the next biennium must show the appropriation 34.18base for each year new text begin as defined in section 16A.103, subdivision 1c new text end . The appropriation base 34.19is the amount appropriated for the second year of the current biennium. The tables must 34.20separately show any adjustments to the base required by current law or policies of the 34.21commissioner of management and budget. For forecasted programs, the tables must also 34.22show the amount of the forecast adjustments, based on the most recent forecast prepared 34.23by the commissioner of management and budget under section 16A.103. For all programs, 34.24the tables must show the amount of appropriation changes recommended by the governor, 34.25after adjustments to the base and forecast adjustments, and the total recommendation of 34.26the governor for that year. 34.27(c) new text begin (d) new text end The detailed estimates must include a separate line listing the total cost of 34.28professional and technical service contracts for the prior biennium and the projected costs 34.29of those contracts for the current and upcoming biennium. They must also include a 34.30summary of the personnel employed by the agency, reflected as full-time equivalent 34.31positions. 34.32(d) new text begin (e) new text end The detailed estimates for internal service funds must include the number of 34.33full-time equivalents by program; detail on any loans from the general fund, including 34.34dollar amounts by program; proposed investments in technology or equipment of $100,000 34.35or more; an explanation of any operating losses or increases in retained earnings; and a 35.1history of the rates that have been charged, with an explanation of any rate changes and 35.2the impact of the rate changes on affected agencies. 35.3    Sec. 34. Minnesota Statutes 2010, section 16A.28, subdivision 3, is amended to read: 35.4    Subd. 3. Lapse. Any portion of any appropriation not carried forward and remaining 35.5unexpended and unencumbered at the close of a fiscal year lapses to the fund from which 35.6it was originally appropriated. new text begin Except as provided in section 15.76, new text end any appropriation 35.7amounts not carried forward and remaining unexpended and unencumbered at the close of 35.8a biennium lapse to the fund from which the appropriation was made. 35.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective June 30, 2013. new text end 35.10    Sec. 35. new text begin [16A.90] EMPLOYEE GAINSHARING SYSTEM. new text end 35.11 new text begin The commissioner shall establish a program to provide onetime bonus compensation new text end 35.12 new text begin to state employees for efforts made to reduce the costs of operating state government or for new text end 35.13 new text begin ways of providing better or more efficient state services. The commissioner may make a new text end 35.14 new text begin onetime award to an employee or group of employees whose suggestion or involvement in new text end 35.15 new text begin a project is determined by the commissioner to have resulted in documented cost-savings new text end 35.16 new text begin to the state. The maximum award is ten percent of the documented savings in the new text end 35.17 new text begin first fiscal year in which the savings are realized. The award must be paid from the new text end 35.18 new text begin appropriation to which the savings accrued. new text end 35.19    Sec. 36. new text begin [16A.93] MINNESOTA PAY FOR PERFORMANCE ACT. new text end 35.20 new text begin Sections 16A.93 to 16A.96 may be cited as the "Minnesota Pay for Performance new text end 35.21 new text begin Act of 2011." new text end 35.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 35.23    Sec. 37. new text begin [16A.94] PROGRAM. new text end 35.24     new text begin Subdivision 1. new text end new text begin Pilot program established. new text end new text begin The commissioner shall implement a new text end 35.25 new text begin pilot program to demonstrate the feasibility and desirability of using state appropriation new text end 35.26 new text begin bonds to pay for certain services based on performance and outcomes for the people served. new text end 35.27     new text begin Subd. 2. new text end new text begin Oversight committee. new text end new text begin (a) The commissioner shall appoint an oversight new text end 35.28 new text begin committee to: new text end 35.29 new text begin (1) identify criteria to select one or more services to be included in the pilot program; new text end 35.30 new text begin (2) identify the conditions of performance and desired outcomes for the people new text end 35.31 new text begin served by each service selected; new text end 36.1 new text begin (3) identify criteria to evaluate whether a service has met the performance new text end 36.2 new text begin conditions; and new text end 36.3 new text begin (4) provide any other advice or assistance requested by the commissioner. new text end 36.4 new text begin (b) The oversight committee must include the commissioners of the Departments new text end 36.5 new text begin of Human Services, Employment and Economic Development, and Administration, or new text end 36.6 new text begin their designees; a representative of a nonprofit organization that has participated in a new text end 36.7 new text begin pay-for-performance program; and any other person or organization that the commissioner new text end 36.8 new text begin determines would be of assistance in developing and implementing the pilot program. new text end 36.9     new text begin Subd. 3. new text end new text begin Contracts. new text end new text begin The commissioner and the commissioner of the agency with new text end 36.10 new text begin a service to be provided through the pilot program shall enter into a contract with the new text end 36.11 new text begin selected provider. The contract must specify the service to be provided, the time frame in new text end 36.12 new text begin which it is to be provided, the outcome required for payment, and any other terms deemed new text end 36.13 new text begin necessary or convenient for implementation of the pilot program. The commissioner new text end 36.14 new text begin shall pay a provider that has met the terms and conditions of a contract with money new text end 36.15 new text begin appropriated to the commissioner from the special appropriation bond proceeds account new text end 36.16 new text begin established in section 16A.96. At a minimum, before the commissioner pays a provider, new text end 36.17 new text begin the commissioner must determine that the state's return on investment is positive. new text end 36.18     new text begin Subd. 4. new text end new text begin Return on investment calculation. new text end new text begin The commissioner, in consultation new text end 36.19 new text begin with the oversight committee, must establish the method and data required for calculating new text end 36.20 new text begin the state's return on investment. The data at a minimum must include: new text end 36.21 new text begin (1) state income taxes and any other revenues collected in the year after the service new text end 36.22 new text begin was provided that would not have been collected without the service; and new text end 36.23 new text begin (2) costs avoided by the state by providing the service. new text end 36.24 new text begin A positive return on investment for the state will cover the state's costs in financing new text end 36.25 new text begin and administering the pilot program through documented increased state tax revenue new text end 36.26 new text begin or cost avoidance. new text end 36.27     new text begin Subd. 5. new text end new text begin Report to governor and legislature. new text end new text begin The commissioner must report to the new text end 36.28 new text begin governor and legislative committees with jurisdiction over capital investment, finance, and new text end 36.29 new text begin ways and means, and the services included in the pilot program, by January 15 of each new text end 36.30 new text begin year following a year in which the pilot program is operating. The report must describe new text end 36.31 new text begin and discuss the criteria for selection and evaluation of services to be provided through new text end 36.32 new text begin the program, the net benefits to the state of the program, the state's return on investment, new text end 36.33 new text begin the cost of the services provided by other means in the most recent past, the time frame new text end 36.34 new text begin for payment for the services, and the timing and costs for sale and issuance of the bonds new text end 36.35 new text begin authorized in section 16A.96. new text end 36.36 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 37.1    Sec. 38. new text begin [16A.96] MINNESOTA PAY FOR PERFORMANCE PROGRAM; new text end 37.2 new text begin APPROPRIATION BONDS. new text end 37.3     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) The definitions in this subdivision apply to this new text end 37.4 new text begin section. new text end 37.5 new text begin (b) "Appropriation bond" means a bond, note, or other similar instrument of the state new text end 37.6 new text begin payable during a biennium from one or more of the following sources: new text end 37.7 new text begin (1) money appropriated by law in any biennium for debt service due with respect new text end 37.8 new text begin to obligations described in subdivision 2, paragraph (b); new text end 37.9 new text begin (2) proceeds of the sale of obligations described in subdivision 2, paragraph (b); new text end 37.10 new text begin (3) payments received for that purpose under agreements and ancillary arrangements new text end 37.11 new text begin described in subdivision 2, paragraph (d); and new text end 37.12 new text begin (4) investment earnings on amounts in clauses (1) to (3). new text end 37.13 new text begin (c) "Debt service" means the amount payable in any biennium of principal, premium, new text end 37.14 new text begin if any, and interest on appropriation bonds. new text end 37.15     new text begin Subd. 2. new text end new text begin Authority. new text end new text begin (a) Subject to the limitations of this subdivision, the new text end 37.16 new text begin commissioner of management and budget may sell and issue appropriation bonds of the new text end 37.17 new text begin state under this section for the purposes of the Minnesota pay for performance program new text end 37.18 new text begin established in sections 16A.93 to 16A.96. Proceeds of the bonds must be credited to new text end 37.19 new text begin a special appropriation bond proceeds account in the state treasury. Net income from new text end 37.20 new text begin investment of the proceeds, as estimated by the commissioner, must be credited to the new text end 37.21 new text begin special appropriation bond proceeds account. new text end 37.22 new text begin (b) Appropriation bonds may be sold and issued in amounts that, in the opinion of new text end 37.23 new text begin the commissioner, are necessary to provide sufficient funds for achieving the purposes new text end 37.24 new text begin authorized as provided under paragraph (a), and pay debt service, pay costs of issuance, new text end 37.25 new text begin make deposits to reserve funds, pay the costs of credit enhancement, or make payments new text end 37.26 new text begin under other agreements entered into under paragraph (d); provided, however, that bonds new text end 37.27 new text begin issued and unpaid shall not exceed $20,000,000 in principal amount, excluding refunding new text end 37.28 new text begin bonds sold and issued under subdivision 4. During the biennium ending June 30, 2013, new text end 37.29 new text begin the commissioner may sell and issue bonds only in an amount that the commissioner new text end 37.30 new text begin determines will result in principal and interest payments less than the amount of savings to new text end 37.31 new text begin be generated through pay-for-performance contracts under section 16A.94. For programs new text end 37.32 new text begin achieving savings under a pay-for-performance contract, the commissioner must reduce new text end 37.33 new text begin general fund appropriations by at least the amount of principal and interest payments on new text end 37.34 new text begin bonds issued under this section. new text end 38.1 new text begin (c) Appropriation bonds may be issued in one or more series on the terms and new text end 38.2 new text begin conditions the commissioner determines to be in the best interests of the state, but the term new text end 38.3 new text begin on any series of bonds may not exceed 20 years. new text end 38.4 new text begin (d) At the time of, or in anticipation of, issuing the appropriation bonds, and at any new text end 38.5 new text begin time thereafter, so long as the appropriation bonds are outstanding, the commissioner new text end 38.6 new text begin may enter into agreements and ancillary arrangements relating to the appropriation new text end 38.7 new text begin bonds, including but not limited to trust indentures, liquidity facilities, remarketing or new text end 38.8 new text begin dealer agreements, letter of credit agreements, insurance policies, guaranty agreements, new text end 38.9 new text begin reimbursement agreements, indexing agreements, or interest exchange agreements. Any new text end 38.10 new text begin payments made or received according to the agreement or ancillary arrangement shall be new text end 38.11 new text begin made from or deposited as provided in the agreement or ancillary arrangement. The new text end 38.12 new text begin determination of the commissioner included in an interest exchange agreement that the new text end 38.13 new text begin agreement relates to an appropriation bond shall be conclusive. new text end 38.14     new text begin Subd. 3. new text end new text begin Form; procedure. new text end new text begin (a) Appropriation bonds may be issued in the form new text end 38.15 new text begin of bonds, notes, or other similar instruments, and in the manner provided in section new text end 38.16 new text begin 16A.672. In the event that any provision of section 16A.672 conflicts with this section, new text end 38.17 new text begin this section shall control. new text end 38.18 new text begin (b) Every appropriation bond shall include a conspicuous statement of the limitation new text end 38.19 new text begin established in subdivision 6. new text end 38.20 new text begin (c) Appropriation bonds may be sold at either public or private sale upon such terms new text end 38.21 new text begin as the commissioner shall determine are not inconsistent with this section and may be sold new text end 38.22 new text begin at any price or percentage of par value. Any bid received may be rejected. new text end 38.23 new text begin (d) Appropriation bonds may bear interest at a fixed or variable rate. new text end 38.24     new text begin Subd. 4. new text end new text begin Refunding bonds. new text end new text begin The commissioner from time to time may issue new text end 38.25 new text begin appropriation bonds for the purpose of refunding any appropriation bonds then new text end 38.26 new text begin outstanding, including the payment of any redemption premiums on the bonds, any new text end 38.27 new text begin interest accrued or to accrue to the redemption date, and costs related to the issuance new text end 38.28 new text begin and sale of the refunding bonds. The proceeds of any refunding bonds may, in the new text end 38.29 new text begin discretion of the commissioner, be applied to the purchase or payment at maturity of the new text end 38.30 new text begin appropriation bonds to be refunded, to the redemption of the outstanding bonds on any new text end 38.31 new text begin redemption date, or to pay interest on the refunding bonds and may, pending application, new text end 38.32 new text begin be placed in escrow to be applied to the purchase, payment, retirement, or redemption. new text end 38.33 new text begin Any escrowed proceeds, pending such use, may be invested and reinvested in obligations new text end 38.34 new text begin that are authorized investments under section 11A.24. The income earned or realized on new text end 38.35 new text begin the investment may also be applied to the payment of the bonds to be refunded or interest new text end 38.36 new text begin or premiums on the refunded bonds, or to pay interest on the refunding bonds. After new text end 39.1 new text begin the terms of the escrow have been fully satisfied, any balance of the proceeds and any new text end 39.2 new text begin investment income may be returned to the general fund or, if applicable, the appropriation new text end 39.3 new text begin bond proceeds account for use in any lawful manner. All refunding bonds issued under new text end 39.4 new text begin this subdivision must be prepared, executed, delivered, and secured by appropriations in new text end 39.5 new text begin the same manner as the bonds to be refunded. new text end 39.6     new text begin Subd. 5. new text end new text begin Appropriation bonds as legal investments. new text end new text begin Any of the following entities new text end 39.7 new text begin may legally invest any sinking funds, money, or other funds belonging to them or under new text end 39.8 new text begin their control in any appropriation bonds issued under this section: new text end 39.9 new text begin (1) the state, the investment board, public officers, municipal corporations, political new text end 39.10 new text begin subdivisions, and public bodies; new text end 39.11 new text begin (2) banks and bankers, savings and loan associations, credit unions, trust companies, new text end 39.12 new text begin savings banks and institutions, investment companies, insurance companies, insurance new text end 39.13 new text begin associations, and other persons carrying on a banking or insurance business; and new text end 39.14 new text begin (3) personal representatives, guardians, trustees, and other fiduciaries. new text end 39.15     new text begin Subd. 6. new text end new text begin No full faith and credit; state not required to make appropriations. new text end 39.16 new text begin The appropriation bonds are not public debt of the state, and the full faith, credit, and new text end 39.17 new text begin taxing powers of the state are not pledged to the payment of the appropriation bonds or to new text end 39.18 new text begin any payment that the state agrees to make under this section. Appropriation bonds shall new text end 39.19 new text begin not be obligations paid directly, in whole or in part, from a tax of statewide application new text end 39.20 new text begin on any class of property, income, transaction, or privilege. Appropriation bonds shall be new text end 39.21 new text begin payable in each fiscal year only from amounts that the legislature may appropriate for debt new text end 39.22 new text begin service for any fiscal year, provided that nothing in this section shall be construed to new text end 39.23 new text begin require the state to appropriate funds sufficient to make debt service payments with respect new text end 39.24 new text begin to the bonds in any fiscal year. new text end 39.25     new text begin Subd. 7. new text end new text begin Appropriation of proceeds. new text end new text begin The proceeds of appropriation bonds and new text end 39.26 new text begin interest credited to the special appropriation bond proceeds account are appropriated to the new text end 39.27 new text begin commissioner for payment of contract obligations under the pay for performance program, new text end 39.28 new text begin as permitted by state and federal law, and nonsalary expenses incurred in conjunction new text end 39.29 new text begin with the sale of the appropriation bonds. new text end 39.30     new text begin Subd. 8. new text end new text begin Appropriation for debt service. new text end new text begin The amount needed to pay principal and new text end 39.31 new text begin interest on appropriation bonds issued under this section is appropriated each year to the new text end 39.32 new text begin commissioner from the general fund subject to the repeal, unallotment under section new text end 39.33 new text begin 16A.152, or cancellation otherwise pursuant to subdivision 6. new text end 39.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 40.1    Sec. 39. Minnesota Statutes 2010, section 16B.03, is amended to read: 40.216B.03 APPOINTMENTS. 40.3The commissioner is authorized to appoint staff, including two new text begin one new text end deputy 40.4commissioners new text begin commissioner new text end , in accordance with chapter 43A. 40.5    Sec. 40. new text begin [16C.075] E-VERIFY. new text end 40.6 new text begin A contract for services valued in excess of $50,000 must require certification from new text end 40.7 new text begin the vendor and any subcontractors that, as of the date services on behalf of the state of new text end 40.8 new text begin Minnesota will be performed, the vendor and all subcontractors have implemented or are new text end 40.9 new text begin in the process of implementing the federal E-Verify program for all newly hired employees new text end 40.10 new text begin in the United States who will perform work on behalf of the state of Minnesota. new text end 40.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011, and applies to contracts new text end 40.12 new text begin entered into on or after that date. new text end 40.13    Sec. 41. Minnesota Statutes 2010, section 16C.08, subdivision 2, is amended to read: 40.14    Subd. 2. Duties of contracting agency. (a) Before an agency may seek approval of 40.15a professional or technical services contract valued in excess of $5,000, it must provide 40.16the following: 40.17    (1) a description of how the proposed contract or amendment is necessary and 40.18reasonable to advance the statutory mission of the agency; 40.19    (2) a description of the agency's plan to notify firms or individuals who may be 40.20available to perform the services called for in the solicitation; 40.21    (3) a description of the performance measures or other tools, including accessibility 40.22measures if applicable, that will be used to monitor and evaluate contract performance; and 40.23    (4) an explanation detailing, if applicable, why this procurement is being pursued 40.24unilaterally by the agency and not as an enterprise procurement. 40.25    (b) In addition to paragraph (a), the agency must certify that: 40.26    (1) no current state employee is able and available to perform the services called 40.27for by the contract; 40.28    (2) new text begin (1) new text end the normal competitive bidding mechanisms will not provide for adequate 40.29performance of the services; 40.30    (3) new text begin (2) new text end reasonable efforts will be made to publicize the availability of the contract 40.31to the public; 40.32    (4) new text begin (3) new text end the agency will develop and implement a written plan providing for the 40.33assignment of specific agency personnel to manage the contract, including a monitoring 41.1and liaison function, the periodic review of interim reports or other indications of past 41.2performance, and the ultimate utilization of the final product of the services; 41.3    (5) new text begin (4) new text end the agency will not allow the contractor to begin work before the contract is 41.4fully executed unless an exception under section 16C.05, subdivision 2a, has been granted 41.5by the commissioner and funds are fully encumbered; 41.6    (6) new text begin (5) new text end the contract will not establish an employment relationship between the state 41.7or the agency and any persons performing under the contract; new text begin and new text end 41.8    (7) new text begin (6) new text end in the event the results of the contract work will be carried out or continued 41.9by state employees upon completion of the contract, the contractor is required to include 41.10state employees in development and training, to the extent necessary to ensure that after 41.11completion of the contract, state employees can perform any ongoing work related to the 41.12same function; and 41.13    (8) the agency will not contract out its previously eliminated jobs for four years 41.14without first considering the same former employees who are on the seniority unit layoff 41.15list who meet the minimum qualifications determined by the agency. 41.16    (c) A contract establishes an employment relationship for purposes of paragraph (b), 41.17clause (6) new text begin (5) new text end , if, under federal laws governing the distinction between an employee and 41.18an independent contractor, a person would be considered an employee. 41.19    Sec. 42. Minnesota Statutes 2010, section 16C.09, is amended to read: 41.2016C.09 PROCEDURE FOR SERVICE CONTRACTS. 41.21(a) Before entering into or approving a service contract, the commissioner must 41.22determine, at least, that: 41.23(1) no current state employee is able and available to perform the services called 41.24for by the contract; 41.25(2) new text begin (1) new text end the work to be performed under the contract is necessary to the agency's 41.26achievement of its statutory responsibilities and there is statutory authority to enter into 41.27the contract; 41.28(3) new text begin (2) new text end the contract will not establish an employment relationship between the state 41.29or the agency and any persons performing under the contract; 41.30(4) new text begin (3) new text end the contractor and agents are not employees of the state new text begin , except as authorized new text end 41.31 new text begin in section 15.062 new text end ; 41.32(5) new text begin (4) new text end the contracting agency has specified a satisfactory method of evaluating and 41.33using the results of the work to be performed; and 41.34(6) new text begin (5) new text end the combined contract and amendments will not exceed five years without 41.35specific, written approval by the commissioner according to established policy, procedures, 42.1and standards, or unless otherwise provided for by law. The term of the original contract 42.2must not exceed two years, unless the commissioner determines that a longer duration is 42.3in the best interest of the state. 42.4(b) For purposes of paragraph (a), clause (1), employees are available if qualified 42.5and: 42.6(1) are already doing the work in question; or 42.7(2) are on layoff status in classes that can do the work in question. 42.8An employee is not available if the employee is doing other work, is retired, or has decided 42.9not to do the work in question. 42.10(c) new text begin (b) new text end This section does not apply to an agency's use of inmates pursuant to sections 42.11241.20 to 241.23 or to an agency's use of persons required by a court to provide: 42.12(1) community service; or 42.13(2) conservation or maintenance services on lands under the jurisdiction and control 42.14of the state. 42.15    Sec. 43. new text begin [16D.20] FEDERAL OFFSET PROGRAM. new text end 42.16 new text begin (a) The commissioner may enter into an agreement with the United States Secretary new text end 42.17 new text begin of the Treasury to participate in an offset program authorized under United States Code, new text end 42.18 new text begin title 31, section 3716, for the collection of debts owed to state agencies. The agreement new text end 42.19 new text begin may provide for the United States to submit debts owed to federal agencies for offset new text end 42.20 new text begin against state payments, similar to the procedures for offsetting debts owed to state new text end 42.21 new text begin agencies from federal payments. new text end 42.22 new text begin (b) The commissioner shall reduce any state payment by the amount of any federal new text end 42.23 new text begin debt submitted in accordance with the agreement authorized by this section, and pay such new text end 42.24 new text begin amount to the appropriate federal official in accordance with the procedures specified new text end 42.25 new text begin in such agreement. new text end 42.26 new text begin (c) The commissioner may, by rule, establish a reasonable administrative fee to be new text end 42.27 new text begin charged to the debtor for the contingency fee-based processing of state payment offsets for new text end 42.28 new text begin the recovery of federal nontax debts or the contingency fee-based processing of federal new text end 42.29 new text begin payment offsets for the recovery of state tax and nontax debt. The fee is a separate debt new text end 42.30 new text begin and may be withheld from any refund, reimbursement, or other money held for the debtor. new text end 42.31 new text begin (d) An agreement under this section must not allow for offset of payments if the new text end 42.32 new text begin debt that would be subject to the offset is being contested or if the time for appealing the new text end 42.33 new text begin determination of the debt has not yet expired. new text end 43.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. As new text end 43.2 new text begin soon as possible after that date, the commissioner must discuss an agreement authorized new text end 43.3 new text begin under this section with appropriate federal officials, and if an agreement is entered into, new text end 43.4 new text begin the commissioner must begin to implement it to collect debts owed to the state as soon as new text end 43.5 new text begin possible. new text end 43.6    Sec. 44. Minnesota Statutes 2010, section 37.06, is amended to read: 43.737.06 SECRETARY; LEGISLATIVE AUDITOR; DUTIES; REPORT. 43.8The secretary shall keep a complete record of the proceedings of the annual meetings 43.9of the State Agricultural Society and all meetings of the board of managers and any 43.10committee of the board, keep all accounts of the society other than those kept by the 43.11treasurer of the society, and perform other duties as directed by the board of managers. On 43.12or before December 31 each year, the secretary shall report to the governor for the fiscal 43.13year ending October 31 all the proceedings of the society during the current year and its 43.14financial condition as appears from its books. This report must contain a full, detailed 43.15statement of all receipts and expenditures during the year. 43.16The books and accounts of the society for the fiscal year must be examined and 43.17audited annually by new text begin an independent auditor, either a private auditor or new text end the legislative 43.18auditor. new text begin If the audit is conducted by the legislative auditor, new text end the cost of the examination 43.19must be paid by the society to the state and credited to the general fund. 43.20A summary of this examination, certified by the legislative auditor, must be 43.21appended to the secretary's report, along with the legislative auditor's recommendations 43.22and the proceedings of the first annual meeting of the society held following the secretary's 43.23report, including addresses made at the meeting as directed by the board of managers. The 43.24summary, recommendations, and proceedings must be printed in the same manner as the 43.25reports of state officers. Copies of the report must be printed annually and distributed as 43.26follows: to each society or association entitled to membership in the society, to each 43.27newspaper in the state, and the remaining copies as directed by the board of managers. 43.28    Sec. 45. Minnesota Statutes 2010, section 43A.08, subdivision 1, is amended to read: 43.29     Subdivision 1. Unclassified positions. Unclassified positions are held by employees 43.30who are: 43.31     (1) chosen by election or appointed to fill an elective office; 43.32     (2) heads of agencies required by law to be appointed by the governor or other 43.33elective officers, and the executive or administrative heads of departments, bureaus, 43.34divisions, and institutions specifically established by law in the unclassified service; 44.1     (3) deputy and assistant agency heads and one confidential secretary in the agencies 44.2listed in subdivision 1a and in the Office of Strategic and Long-Range Planning new text begin section new text end 44.3 new text begin 15.06, subdivision 1 new text end ; 44.4     (4) the confidential secretary to each of the elective officers of this state and, for the 44.5secretary of state and state auditor, an additional deputy, clerk, or employee; 44.6     (5) intermittent help employed by the commissioner of public safety to assist in 44.7the issuance of vehicle licenses; 44.8     (6) employees in the offices of the governor and of the lieutenant governor and one 44.9confidential employee for the governor in the Office of the Adjutant General; 44.10     (7) employees of the Washington, D.C., office of the state of Minnesota; 44.11     (8) employees of the legislature and of legislative committees or commissions; 44.12provided that employees of the Legislative Audit Commission, except for the legislative 44.13auditor, the deputy legislative auditors, and their confidential secretaries, shall be 44.14employees in the classified service; 44.15     (9) presidents, vice-presidents, deans, other managers and professionals in 44.16academic and academic support programs, administrative or service faculty, teachers, 44.17research assistants, and student employees eligible under terms of the federal Economic 44.18Opportunity Act work study program in the Perpich Center for Arts Education and the 44.19Minnesota State Colleges and Universities, but not the custodial, clerical, or maintenance 44.20employees, or any professional or managerial employee performing duties in connection 44.21with the business administration of these institutions; 44.22     (10) officers and enlisted persons in the National Guard; 44.23     (11) attorneys, legal assistants, and three confidential employees appointed by the 44.24attorney general or employed with the attorney general's authorization; 44.25     (12) judges and all employees of the judicial branch, referees, receivers, jurors, and 44.26notaries public, except referees and adjusters employed by the Department of Labor 44.27and Industry; 44.28     (13) members of the State Patrol; provided that selection and appointment of State 44.29Patrol troopers must be made in accordance with applicable laws governing the classified 44.30service; 44.31     (14) examination monitors and intermittent training instructors employed by the 44.32Departments of Management and Budget and Commerce and by professional examining 44.33boards and intermittent staff employed by the technical colleges for the administration of 44.34practical skills tests and for the staging of instructional demonstrations; 44.35    (15) student workers; 45.1    (16) executive directors or executive secretaries appointed by and reporting to any 45.2policy-making board or commission established by statute; 45.3    (17) employees unclassified pursuant to other statutory authority; 45.4    (18) intermittent help employed by the commissioner of agriculture to perform 45.5duties relating to pesticides, fertilizer, and seed regulation; 45.6    (19) the administrators and the deputy administrators at the State Academies for the 45.7Deaf and the Blind; and 45.8    (20) chief executive officers in the Department of Human Services. 45.9    Sec. 46. Minnesota Statutes 2010, section 43A.20, is amended to read: 45.1043A.20 PERFORMANCE APPRAISAL AND PAY. 45.11 new text begin (a) new text end The commissioner shall design and maintain a performance appraisal system 45.12under which each employee in the civil service in the executive branch shall be evaluated 45.13and counseled on work performance at least once a year. new text begin The performance appraisal new text end 45.14 new text begin system must include three components: new text end 45.15 new text begin (1) evaluation of the individual employee's performance relative to goals for that new text end 45.16 new text begin individual, which must constitute a majority of the overall determination of an employee's new text end 45.17 new text begin performance; new text end 45.18 new text begin (2) evaluation of the performance of the individual employee's program, defined by new text end 45.19 new text begin the agency head, toward meeting targeted outcomes for the program; and new text end 45.20 new text begin (3) evaluation of the performance of the entire agency toward meeting targeted new text end 45.21 new text begin outcomes for the agency. new text end 45.22 new text begin (b) new text end Individual pay increases for all employees not represented by an exclusive 45.23representative certified pursuant to chapter 179A shall be based on the evaluation new text begin new text end 45.24 new text begin evaluations required by paragraph (a) new text end and other factors new text begin consistent with paragraph (a) new text end 45.25 new text begin that new text end the commissioner new text begin negotiates in collective bargaining agreements or new text end includes in the 45.26plans developed pursuant to section 43A.18. Collective bargaining agreements entered 45.27into pursuant to chapter 179A may, and are encouraged to, provide for pay increases 45.28based on employee work performance. new text begin An employee in the executive branch may not new text end 45.29 new text begin receive an increase in salary or wages based on cost of living or progression to another new text end 45.30 new text begin step or lane unless the employee's supervisor certifies that the employee's performance new text end 45.31 new text begin has been satisfactory. new text end 45.32 new text begin (c) This section does not apply to faculty and administrators in the Minnesota State new text end 45.33 new text begin Colleges and University system. new text end 45.34 new text begin (d) This section supersedes any conflicting provision of other law. new text end 46.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. For employees covered new text end 46.2 new text begin by a collective bargaining agreement, this section applies to collective bargaining new text end 46.3 new text begin agreements entered into on or after that date. new text end 46.4    Sec. 47. new text begin [43A.347] REDUCTION IN STATE WORK FORCE; EARLY new text end 46.5 new text begin RETIREMENT PROGRAM. new text end 46.6     new text begin Subdivision 1. new text end new text begin Required reduction. new text end new text begin (a) The number of full-time equivalent new text end 46.7 new text begin employees employed in the executive branch, and the costs directly associated with new text end 46.8 new text begin employing those persons, must be reduced by at least 12 percent by June 30, 2013, and 15 new text end 46.9 new text begin percent by June 30, 2015, and thereafter, compared to the number of full-time equivalent new text end 46.10 new text begin positions and the costs directly associated with those positions on January 1, 2011. new text end 46.11 new text begin (b) An appointing authority may use any or all of the following to achieve this new text end 46.12 new text begin requirement: attrition, a hard hiring freeze, early retirement incentives authorized in this new text end 46.13 new text begin section, restructuring of benefit or pension programs as authorized by other law, furloughs, new text end 46.14 new text begin and layoffs. The early retirement program in this section is enacted as a tool to assist in new text end 46.15 new text begin complying with the required 15 percent reduction. new text end 46.16 new text begin (c) For purposes of this section: new text end 46.17 new text begin (1) "costs directly associated" with employing people means the cost of salaries and new text end 46.18 new text begin benefits, including the costs of employer contributions to public pension plans; and new text end 46.19 new text begin (2) "executive branch" does not include the Minnesota State Colleges and new text end 46.20 new text begin Universities. new text end 46.21     new text begin Subd. 2. new text end new text begin Analysis. new text end new text begin Before authorizing an early retirement under subdivision 3 or new text end 46.22 new text begin 4, the commissioner must perform analysis, including actuarial analysis, as necessary to new text end 46.23 new text begin determine the maximum number of employees to whom incentives will be offered, and the new text end 46.24 new text begin percentage of resulting savings estimated to be needed to pay pension funds to cover costs new text end 46.25 new text begin to the funds of the incentive in this section. The commissioner must use this analysis in new text end 46.26 new text begin determining how to best implement this section. new text end 46.27     new text begin Subd. 3. new text end new text begin Pension early retirement incentive. new text end new text begin (a) The commissioner of management new text end 46.28 new text begin and budget may authorize an executive branch appointing authority to offer an early new text end 46.29 new text begin retirement incentive under this subdivision to an employee who upon retirement would be new text end 46.30 new text begin immediately eligible to receive an annuity from the public pension plan under which the new text end 46.31 new text begin employee is covered immediately before separation from state service. The commissioner new text end 46.32 new text begin may establish time periods during which the incentive may be offered and during which new text end 46.33 new text begin the incentive must be accepted, may establish limits on the number of employees to whom new text end 46.34 new text begin an appointing authority, or all appointing authorities collectively, may offer the incentive, new text end 46.35 new text begin and may establish other conditions for the incentive. new text end 47.1 new text begin (b) For an employee offered an incentive under this subdivision, for each full new text end 47.2 new text begin year of service credit that the employee has in a plan administered by the Minnesota new text end 47.3 new text begin State Retirement System, the Public Employees Retirement Association, or the Teachers new text end 47.4 new text begin Retirement Association, the employee must be granted an additional month of service new text end 47.5 new text begin credit in the plan under which the employee is covered immediately before separation new text end 47.6 new text begin from state service under this subdivision. new text end 47.7 new text begin (c) Upon request of an appointing authority considering offering an incentive under new text end 47.8 new text begin this subdivision, the executive director of the public pension plan in which an employee new text end 47.9 new text begin would be granted additional service credit under this subdivision must prepare an estimate new text end 47.10 new text begin of the present value of the additional service credit that would be granted to an employee new text end 47.11 new text begin under this subdivision. For each employee accepting an incentive under this subdivision, new text end 47.12 new text begin the appointing authority offering the incentive must pay the applicable public pension new text end 47.13 new text begin plan, from the first dollars of savings achieved through offering the incentive, the present new text end 47.14 new text begin value of the additional service credit granted to the employee, taking into account the date new text end 47.15 new text begin payment will be received from the appointing authority. The appointing authority must new text end 47.16 new text begin make this payment to the pension plan within one year of the date the employee accepting new text end 47.17 new text begin the incentive leaves state service. new text end 47.18     new text begin Subd. 4. new text end new text begin Insurance early retirement incentive. new text end new text begin The commissioner of management new text end 47.19 new text begin and budget may authorize an executive appointing authority to offer the incentive new text end 47.20 new text begin originally offered under Laws 2010, chapter 337, to employees who retire from state new text end 47.21 new text begin service during periods that the commissioner specifies before June 30, 2015. The terms and new text end 47.22 new text begin conditions specified in Laws 2010, chapter 337, apply to an incentive offered under this new text end 47.23 new text begin subdivision, except for the dates specified in that law for accepting the incentive and for new text end 47.24 new text begin retiring, and except that the prohibition on reemployment or contracting is for the period new text end 47.25 new text begin specified in this section, instead of the shorter period specified in Laws 2010, chapter 337. new text end 47.26     new text begin Subd. 5. new text end new text begin Best practices. new text end new text begin In implementing this section, the commissioner of new text end 47.27 new text begin management and budget and affected agencies shall utilize best practices as identified by new text end 47.28 new text begin other states that have implemented early retirement programs. new text end 47.29     new text begin Subd. 6. new text end new text begin Hiring freeze. new text end new text begin To promote streamlined government and reduced costs, new text end 47.30 new text begin no state appointing authority may fill by outside hire a position vacated through state new text end 47.31 new text begin employee participation in an early retirement incentive under this section. new text end 47.32     new text begin Subd. 7. new text end new text begin Reemployment prohibition. new text end new text begin An employee who receives an early new text end 47.33 new text begin retirement incentive under this section may not be reemployed with the state or enter into new text end 47.34 new text begin a contract with the state as a consultant for five years after termination. new text end 48.1     new text begin Subd. 8. new text end new text begin Savings. new text end new text begin Savings resulting from implementation of this section, after new text end 48.2 new text begin any payments made under subdivisions 3 and 4, must cancel back to the fund in which new text end 48.3 new text begin the savings occurred. new text end 48.4     new text begin Subd. 9. new text end new text begin Not applicable to elected officials. new text end new text begin A state elected official is not a state new text end 48.5 new text begin employee for purposes of this section. new text end 48.6    Sec. 48. Minnesota Statutes 2010, section 45.013, is amended to read: 48.745.013 POWER TO APPOINT STAFF. 48.8The commissioner of commerce may appoint four new text begin one new text end deputy commissioners, four 48.9assistant commissioners, and an assistant to the commissioner. Those positions, as well as 48.10that of new text begin and new text end a confidential secretary, are new text begin in the new text end unclassified new text begin service new text end . The commissioner may 48.11appoint other employees necessary to carry out the duties and responsibilities entrusted to 48.12the commissioner. 48.13    Sec. 49. Minnesota Statutes 2010, section 84.01, subdivision 3, is amended to read: 48.14    Subd. 3. Employees; delegation. Subject to the provisions of Laws 1969, chapter 48.151129, and to other applicable laws The commissioner shall organize the department and 48.16employ up to three assistant commissioners, each of whom shall serve at the pleasure of 48.17the commissioner in the unclassified service, one of whom shall have responsibility for 48.18coordinating and directing the planning of every division within the agency, and such other 48.19officers, employees, and agents as the commissioner may deem necessary to discharge the 48.20functions of the department, define the duties of such officers, employees, and agents and 48.21to delegate to them any of the commissioner's powers, duties, and responsibilities subject 48.22to the control of, and under the conditions prescribed by, the commissioner. Appointments 48.23to exercise delegated power shall be by written order filed with the secretary of state. 48.24    Sec. 50. Minnesota Statutes 2010, section 116.03, subdivision 1, is amended to read: 48.25    Subdivision 1. Office. (a) The office of commissioner of the Pollution Control 48.26Agency is created and is under the supervision and control of the commissioner, who is 48.27appointed by the governor under the provisions of section 15.06. 48.28(b) The commissioner may appoint a deputy commissioner and assistant 48.29commissioners who shall be in the unclassified service. 48.30(c) The commissioner shall make all decisions on behalf of the agency that are not 48.31required to be made by the agency under section 116.02. 48.32    Sec. 51. Minnesota Statutes 2010, section 116J.01, subdivision 5, is amended to read: 49.1    Subd. 5. Departmental organization. (a) The commissioner shall organize the 49.2department as provided in section 15.06. 49.3(b) The commissioner may establish divisions and offices within the department. 49.4The commissioner may employ four deputy commissioners in the unclassified service. 49.5(c) The commissioner shall: 49.6(1) employ assistants and other officers, employees, and agents that the commissioner 49.7considers necessary to discharge the functions of the commissioner's office; 49.8(2) define the duties of the officers, employees, and agents, and delegate to them any 49.9of the commissioner's powers, duties, and responsibilities, subject to the commissioner's 49.10control and under conditions prescribed by the commissioner. 49.11(d) The commissioner shall ensure that there are at least three employment and 49.12economic development officers in state offices in nonmetropolitan areas of the state who 49.13will work with local units of government on developing local employment and economic 49.14development. 49.15    Sec. 52. Minnesota Statutes 2010, section 116J.035, subdivision 4, is amended to read: 49.16    Subd. 4. Delegation of powers. The commissioner may delegate, in written orders 49.17filed with the secretary of state, any powers or duties subject to the commissioner's 49.18control to officers and employees in the department. Regardless of any other law, the 49.19commissioner may delegate the execution of specific contracts or specific types of 49.20contracts to the commissioner's deputies, an assistant commissioner, new text begin deputy new text end or a program 49.21director if the delegation has been approved by the commissioner of administration and 49.22filed with the secretary of state. 49.23    Sec. 53. Minnesota Statutes 2010, section 174.02, subdivision 2, is amended to read: 49.24    Subd. 2. Unclassified positions. The commissioner may establish four positions 49.25in the unclassified service at the new text begin appoint a new text end deputy and assistant commissioner, assistant 49.26to commissioner or new text begin and a new text end personal secretary levels. No more than two of these positions 49.27shall be at the deputy commissioner level new text begin in the unclassified service new text end . 49.28    Sec. 54. Minnesota Statutes 2010, section 241.01, subdivision 2, is amended to read: 49.29    Subd. 2. Deputies new text begin Deputy new text end . The commissioner of corrections may appoint and 49.30employ no more than two new text begin a new text end deputy commissioners new text begin commissioner new text end . The commissioner may 49.31also appoint a personal secretary, who shall serve at the commissioner's pleasure in the 49.32unclassified civil service. 50.1    Sec. 55. Laws 2010, chapter 361, article 3, section 8, is amended to read: 50.2    Sec. 8. USE OF CARRYFORWARD. 50.3The restrictions in Minnesota Statutes, section 16A.281, on the use of money carried 50.4forward from one biennium to another shall not apply to money the legislative auditor 50.5carried forward from the previous biennium for use in fiscal years 2010 and 2011 new text begin ending new text end 50.6 new text begin June 30, 2009, or the biennium ending June 30, 2011 new text end . The legislative auditor may use the 50.7carry forward money for costs related to the conduct of audits related to funds authorized 50.8in the Minnesota Constitution, Article XI, section 15 new text begin , and audits related to the institutions, new text end 50.9 new text begin offices, and functions of Minnesota State Colleges and Universities new text end . 50.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 50.11    Sec. 56. new text begin SALARY FREEZE. new text end 50.12 new text begin (a) Effective July 1, 2011, a state employee may not receive a salary or wage increase new text end 50.13 new text begin before July 1, 2013. This section prohibits any increases, including but not limited to: new text end 50.14 new text begin across-the-board increases; cost-of-living adjustments; increases based on longevity; new text end 50.15 new text begin step increases; increases in the form of lump-sum payments; increases in employer new text end 50.16 new text begin contributions to deferred compensation plans; or any other pay grade adjustments of any new text end 50.17 new text begin kind. This section does not prohibit an increase in the rate of salary and wages for an new text end 50.18 new text begin employee who is promoted or transferred to a position with greater responsibilities and new text end 50.19 new text begin with a higher salary or wage rate. For purposes of this section, "state employee" means an new text end 50.20 new text begin "employee" as defined in Minnesota Statutes, section 43A.02, subdivision 21, but does not new text end 50.21 new text begin include faculty or administrators in the Minnesota State Colleges and Universities. new text end 50.22 new text begin (b) A state appointing authority may not enter into a collective bargaining agreement new text end 50.23 new text begin or implement a compensation plan that increases salary or wages in a manner prohibited new text end 50.24 new text begin by this section. Neither a state appointing authority nor an exclusive representative of state new text end 50.25 new text begin employees may request interest arbitration in relation to an increase in salary or wages that new text end 50.26 new text begin is prohibited by this section, and an arbitrator may not issue an award that would increase new text end 50.27 new text begin salary or wages in a manner prohibited by this section. new text end 50.28 new text begin EFFECTIVE DATE. new text end new text begin Paragraph (b) is effective the day following final enactment. new text end 50.29 new text begin Paragraph (a) is effective June 30, 2011. new text end 50.30    Sec. 57. new text begin STATE JOB CLASSIFICATIONS. new text end 50.31 new text begin The commissioner of management and budget shall report to the legislature by new text end 50.32 new text begin January 15, 2012, on a process to redesign and consolidate the job classification plan for new text end 50.33 new text begin executive branch employees, with a goal of assigning all classified positions to no more new text end 51.1 new text begin than 50 job families. The process must lead to development of a new job classification new text end 51.2 new text begin plan designed to enhance the ability of state agencies to flexibly manage their workforces new text end 51.3 new text begin to meet changing needs and demands of the agency, and to enhance the ability of state new text end 51.4 new text begin employees to transfer to other positions for which they are qualified. In developing this new text end 51.5 new text begin process, the commissioner must meet and confer with the exclusive representatives of each new text end 51.6 new text begin affected bargaining unit. The report to the legislature must identify implementation issues. new text end 51.7    Sec. 58. new text begin DEPARTMENT OF REVENUE; REQUEST FOR PROPOSALS. new text end 51.8 new text begin (a) The commissioner of revenue shall issue a request for proposals for a contract to new text end 51.9 new text begin implement a system of tax analytics and business intelligence tools to enhance the state's new text end 51.10 new text begin tax collection process and revenues by improving the means of identifying candidates new text end 51.11 new text begin for audit and collection activities and prioritizing those activities to provide the highest new text end 51.12 new text begin returns on auditors' and collection agents' time. The request for proposals must require new text end 51.13 new text begin that the system recommended and implemented by the contractor: new text end 51.14 new text begin (1) leverage the Department of Revenue's existing data and other available data new text end 51.15 new text begin sources to build models that more effectively and efficiently identify accounts for audit new text end 51.16 new text begin review and collections; new text end 51.17 new text begin (2) leverage advanced analytical techniques and technology such as pattern new text end 51.18 new text begin detection, predictive modeling, clustering, outlier detection and link analysis to identify new text end 51.19 new text begin suspect accounts for audit review and collections; new text end 51.20 new text begin (3) leverage a variety of approaches and analytical techniques to rank accounts and new text end 51.21 new text begin improve the success rate and the return on investment of department employees engaged new text end 51.22 new text begin in audit activities; new text end 51.23 new text begin (4) leverage technology to make the audit process more sustainable and stable, even new text end 51.24 new text begin with turnover of department auditing staff; new text end 51.25 new text begin (5) provide optimization capabilities to more effectively prioritize collections and new text end 51.26 new text begin increase the efficiency of employees engaged in collections activities; and new text end 51.27 new text begin (6) incorporate mechanisms to decrease wrongful auditing and reduce interference new text end 51.28 new text begin with Minnesota taxpayers who are fully complying with the laws. new text end 51.29 new text begin (b) Based on reasonable responses to the request for proposals, the commissioner new text end 51.30 new text begin shall enter into a contract for the services specified in paragraph (a) by October 1, 2011. new text end 51.31 new text begin (c) Incorporating the system of tax analytics and business intelligence tools under new text end 51.32 new text begin the contract in this section, the commissioner of revenue shall identify and collect tax new text end 51.33 new text begin liabilities from individuals and businesses that currently do not pay all taxes owed. new text end 51.34 new text begin The commissioner may enter into additional contracts and retain up to five percent new text end 51.35 new text begin administrative costs as necessary to implement this section. A contract may incorporate a new text end 52.1 new text begin vendor financing option. This financing option may not make the vendor's compensation new text end 52.2 new text begin contingent on the amount collected as a result of an audit or an assessment determined new text end 52.3 new text begin by the vendor. new text end 52.4 new text begin (d) $11,504,000 for the fiscal year ending June 30, 2012, and $23,269,000 for new text end 52.5 new text begin the fiscal year ending June 30, 2013, are appropriated from the general fund to the new text end 52.6 new text begin commissioner of revenue for purposes of this section. This initiative is expected to result new text end 52.7 new text begin in new general fund revenues of $133,000,000 for the biennium ending June 30, 2013. new text end 52.8 new text begin (e) The commissioner of revenue must report to the chairs of the house of new text end 52.9 new text begin representatives Ways and Means and senate Finance Committees by March 1, 2012, and new text end 52.10 new text begin January 15, 2013, on collection of additional revenue under this section. new text end 52.11 new text begin (f)(1) If the commissioner of revenue determines that the initiative under this section new text end 52.12 new text begin will result in new general fund revenues of less than $133,000,000 for the biennium new text end 52.13 new text begin ending June 30, 2013, the commissioner must notify the commissioner of management new text end 52.14 new text begin and budget of the amount of new general fund revenues anticipated under this section. new text end 52.15 new text begin (2) Upon receiving a notice from the commissioner of revenue under clause (1), the new text end 52.16 new text begin commissioner of management and budget must reduce general fund appropriations to new text end 52.17 new text begin executive agencies for agency operations for the biennium ending June 30, 2013, by an new text end 52.18 new text begin amount equal to the difference between $133,000,000 and the amount of new general fund new text end 52.19 new text begin revenues anticipated by the commissioner of revenue under the notice in clause (1). new text end 52.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 52.21    Sec. 59. new text begin REVENUE FROM FEDERAL OFFSET PROGRAM. new text end 52.22 new text begin (a) It is expected that implementation of authority under Minnesota Statutes, section new text end 52.23 new text begin 16D.20, will result in increased revenues to the general fund of at least $36,600,000 new text end 52.24 new text begin during the biennium ending June 30, 2013. If the commissioner of revenue determines new text end 52.25 new text begin that implementation of Minnesota Statutes, section 16D.20, will result in new general new text end 52.26 new text begin fund revenues of less than $36,600,000 for the biennium ending June 30, 2013, the new text end 52.27 new text begin commissioner must notify the commissioner of management and budget of the amount of new text end 52.28 new text begin new general fund revenues anticipated under Minnesota Statutes, section 16D.20. new text end 52.29 new text begin (b) Upon receiving a notice from the commissioner of revenue under paragraph (a), new text end 52.30 new text begin the commissioner of management and budget must reduce general fund appropriations to new text end 52.31 new text begin executive agencies for agency operations for the biennium ending June 30, 2013, by an new text end 52.32 new text begin amount equal to the difference between $36,600,000 and the amount of new general fund new text end 52.33 new text begin revenues anticipated by the commissioner of revenue under the notice in paragraph (a). new text end 53.1    Sec. 60. new text begin STATE EMPLOYEE GROUP INSURANCE PLAN DEPENDENT new text end 53.2 new text begin ELIGIBILITY VERIFICATION AUDIT SERVICES. new text end 53.3     new text begin Subdivision 1. new text end new text begin Request for proposals. new text end new text begin By September 1, 2011, the commissioner new text end 53.4 new text begin of management and budget shall issue a request for proposals for a contract to provide new text end 53.5 new text begin dependent eligibility verification audit services for state-paid hospital, medical, and dental new text end 53.6 new text begin benefits provided to participants in the state employee group insurance program and their new text end 53.7 new text begin dependents. The request for proposals must require that the vendor will: new text end 53.8 new text begin (1) conduct a document-model dependent eligibility verification audit of all plans new text end 53.9 new text begin offered under Minnesota Statutes, sections 43A.22 to 43A.31; new text end 53.10 new text begin (2) identify ineligible dependents covered by the plans and report those findings to new text end 53.11 new text begin the commissioner and third-party administrators of the state's employee health plans, as new text end 53.12 new text begin directed by the commissioner; and new text end 53.13 new text begin (3) implement a process for ongoing eligibility verification following the conclusion new text end 53.14 new text begin of the dependent eligibility verification audit required by this section. new text end 53.15     new text begin Subd. 2. new text end new text begin Additional vendor criteria. new text end new text begin The request for proposals required by new text end 53.16 new text begin subdivision 1 must require the vendor to provide the following minimum capabilities and new text end 53.17 new text begin experience in performing the services described in subdivision 1: new text end 53.18 new text begin (1) a rules-based platform employing auto-adjudication for making objective new text end 53.19 new text begin eligibility determinations; new text end 53.20 new text begin (2) assigned eligibility advocates to assist employees through the verification new text end 53.21 new text begin process; new text end 53.22 new text begin (3) a formal claims and appeals process; and new text end 53.23 new text begin (4) experience in the performance of dependent eligibility verification audits for new text end 53.24 new text begin other states. new text end 53.25     new text begin Subd. 3. new text end new text begin Contract required. new text end new text begin By January 1, 2012, the commissioner must enter new text end 53.26 new text begin into a contract for the services specified in subdivision 1. The contract must incorporate new text end 53.27 new text begin a performance-based vendor financing option that compensates the vendor based on the new text end 53.28 new text begin amount of savings generated by the work performed under the contract. new text end 53.29    Sec. 61. new text begin STRATEGIC SOURCING REQUEST FOR PROPOSALS. new text end 53.30     new text begin Subdivision 1. new text end new text begin Request for proposals. new text end new text begin By July 1, 2011, the commissioner new text end 53.31 new text begin of administration shall issue a request for proposals for a contract to provide new text end 53.32 new text begin recommendations for efficiencies in strategic sourcing to the commissioner. For the new text end 53.33 new text begin purposes of this section, "strategic sourcing" has the meaning given in Minnesota Statutes, new text end 53.34 new text begin section 16C.02, subdivision 20. The request for proposals shall require the vendor to new text end 53.35 new text begin provide recommendations for improvements to methods used by the commissioner new text end 54.1 new text begin to analyze and reduce spending on goods and services, including, but not limited to, new text end 54.2 new text begin spend analysis, product standardization, contract consolidation, negotiations, multiple new text end 54.3 new text begin jurisdiction purchasing alliances, reverse and forward auctions, life-cycle costing, and new text end 54.4 new text begin other techniques. new text end 54.5     new text begin Subd. 2. new text end new text begin Proof of concept phase. new text end new text begin The request for proposal shall require the selected new text end 54.6 new text begin vendor, at no cost to the state, to begin work on the contract by assisting the commissioner new text end 54.7 new text begin in implementing its proposed solution on selected state procurement processes to new text end 54.8 new text begin demonstrate the savings provided by the recommendations. The system provided by the new text end 54.9 new text begin vendor must be capable of application to the state procurement system. new text end 54.10     new text begin Subd. 3. new text end new text begin Full implementation and payment. new text end new text begin The request for proposal must require new text end 54.11 new text begin the state to implement the recommendations provided by the vendor in the entire state new text end 54.12 new text begin procurement system if the work done under the requirements of subdivision 2 provides new text end 54.13 new text begin material savings to the state. After the full implementation of the system provided by the new text end 54.14 new text begin vendor, the vendor shall be paid by the state from the savings attributable to the work done new text end 54.15 new text begin by the vendor, according to the terms and performance measures negotiated in the contract. new text end 54.16     new text begin Subd. 4. new text end new text begin Selection of vendor. new text end new text begin The commissioner of administration shall select a new text end 54.17 new text begin vendor from the responses to the request for proposal by September 1, 2011. new text end 54.18     new text begin Subd. 5. new text end new text begin Progress report. new text end new text begin The commissioner shall provide a report describing the new text end 54.19 new text begin progress made under this section to the governor and the chairs and ranking minority new text end 54.20 new text begin members of the legislative committees with jurisdiction over the commissioner of new text end 54.21 new text begin administration by January 15, 2012. new text end 54.22    Sec. 62. new text begin HELP AMERICA VOTE ACT. new text end 54.23 new text begin (a) If the secretary of state determines that this state is otherwise eligible to receive new text end 54.24 new text begin an additional requirements payment of federal money under the Help America Vote Act, new text end 54.25 new text begin Public Law 107-252, the secretary must certify to the commissioner of management and new text end 54.26 new text begin budget the amount, if any, needed to meet the matching requirement of section 253(b)(5) new text end 54.27 new text begin of the Help America Vote Act. In the certification, the secretary shall specify the portion new text end 54.28 new text begin of the match that should be taken from an unencumbered general fund appropriation to new text end 54.29 new text begin the Office of the Secretary of State not designated for a different purpose. Upon receipt new text end 54.30 new text begin of that certification, or as soon as an unencumbered general fund appropriation becomes new text end 54.31 new text begin available, whichever occurs later, the commissioner must transfer the specified amount new text end 54.32 new text begin to the Help America Vote Act account. new text end new text begin Funds under the Help America Vote Act may be new text end 54.33 new text begin spent only following legislative approval. new text end 54.34 new text begin (b) This section expires on June 30, 2013. new text end 54.35 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 55.1    Sec. 63. new text begin STATE EMPLOYEE EFFICIENT USE OF HEALTH CARE new text end 55.2 new text begin INCENTIVE PROGRAM. new text end 55.3 new text begin The commissioner of management and budget shall develop and implement a new text end 55.4 new text begin program that creates an incentive for efficient use by state employees of State Employee new text end 55.5 new text begin Group Insurance Program (SEGIP). The program may reward employees covered by new text end 55.6 new text begin SEGIP as a group if per capita employee health care costs paid by SEGIP for a calendar new text end 55.7 new text begin year prove to be less than estimated by the commissioner prior to the beginning of the new text end 55.8 new text begin calendar year. The reward may consist of payments of one-half of the cost-savings into new text end 55.9 new text begin the employees' health reimbursement accounts, to be made no later than March 1 of the new text end 55.10 new text begin following calendar year. new text end 55.11    Sec. 64. new text begin REPEALER. new text end 55.12 new text begin Minnesota Statutes 2010, sections 16C.085; 43A.047; and 179A.23, new text end new text begin are repealed. new text end 55.13ARTICLE 4 55.14CONSOLIDATION OF INFORMATION TECHNOLOGY SERVICES 55.15    Section 1. Minnesota Statutes 2010, section 16B.99, is amended to read: 55.1616B.99 GEOSPATIAL INFORMATION OFFICE. 55.17    Subdivision 1. Creation. The Minnesota Geospatial Information Office is created 55.18under the supervision of the commissioner of administration new text begin chief geospatial information new text end 55.19 new text begin officer, who is appointed by the chief information officer new text end . 55.20    Subd. 2. Responsibilities; authority. The office has authority to provide 55.21coordination, guidance, and leadership, and to plan the implementation of Minnesota's 55.22geospatial information technology. The office must identify, coordinate, and guide 55.23strategic investments in geospatial information technology systems, data, and services to 55.24ensure effective implementation and use of Geospatial Information Systems (GIS) by state 55.25agencies to maximize benefits for state government as an enterprise. 55.26    Subd. 3. Duties. The office must: 55.27(1) coordinate and guide the efficient and effective use of available federal, 55.28state, local, and public-private resources to develop statewide geospatial information 55.29technology, data, and services; 55.30(2) provide leadership and outreach, and ensure cooperation and coordination for all 55.31Geospatial Information Systems (GIS) functions in state and local government, including 55.32coordination between state agencies, intergovernment coordination between state and local 56.1units of government, and extragovernment coordination, which includes coordination with 56.2academic and other private and nonprofit sector GIS stakeholders; 56.3(3) review state agency and intergovernment geospatial technology, data, and 56.4services development efforts involving state or intergovernment funding, including federal 56.5funding; 56.6(4) provide information to the legislature regarding projects reviewed, and 56.7recommend projects for inclusion in the governor's budget under section 16A.11; 56.8(5) coordinate management of geospatial technology, data, and services between 56.9state and local governments; 56.10(6) provide coordination, leadership, and consultation to integrate government 56.11technology services with GIS infrastructure and GIS programs; 56.12(7) work to avoid or eliminate unnecessary duplication of existing GIS technology 56.13services and systems, including services provided by other public and private organizations 56.14while building on existing governmental infrastructures; 56.15(8) promote and coordinate consolidated geospatial technology, data, and services 56.16and shared geospatial Web services for state and local governments; and 56.17(9) promote and coordinate geospatial technology training, technical guidance, and 56.18project support for state and local governments. 56.19    Subd. 4. Duties of chief geospatial information officer. (a) In consultation with the 56.20state geospatial advisory council, the commissioner of administration, the commissioner 56.21of management and budget, and the Minnesota chief new text begin geospatial new text end information officer, the 56.22chief geospatial information officer must identify when it is cost-effective for agencies to 56.23develop and use shared information and geospatial technology systems, data, and services. 56.24The chief geospatial information officer may require agencies to use shared information 56.25and geospatial technology systems, data, and services. 56.26(b) The chief geospatial information officer, in consultation with the state 56.27geospatial advisory council, must establish reimbursement rates in cooperation with the 56.28commissioner of management and budget to bill agencies and other governmental entities 56.29sufficient to cover the actual development, operation, maintenance, and administrative 56.30costs of the shared systems. The methodology for billing may include the use of 56.31interagency agreements, or other means as allowed by law. 56.32    Subd. 5. Fees. (a) The chief geospatial information officer must set fees under 56.33section 16A.1285 that reflect the actual cost of providing information products and 56.34services to clients. Fees collected must be deposited in the state treasury and credited to 56.35the Minnesota Geospatial Information Office revolving account. Money in the account 56.36is appropriated to the chief geospatial information officer for providing Geospatial 57.1Information Systems (GIS) consulting services, software, data, Web services, and map 57.2products on a cost-recovery basis, including the cost of services, supplies, material, labor, 57.3and equipment as well as the portion of the general support costs and statewide indirect 57.4costs of the office that is attributable to the delivery of these products and services. Money 57.5in the account must not be used for the general operation of the Minnesota Geospatial 57.6Information Office. 57.7(b) The chief geospatial information officer may require a state agency to make an 57.8advance payment to the revolving account sufficient to cover the agency's estimated 57.9obligation for a period of 60 days or more. If the revolving account is abolished or 57.10liquidated, the total net profit from the operation of the account must be distributed to the 57.11various funds from which purchases were made. For a given period of time, the amount of 57.12total net profit to be distributed to each fund must reflect the same ratio of total purchases 57.13attributable to each fund divided by the total purchases from all funds. 57.14    Subd. 6. Accountability. The chief geospatial information officer is appointed by 57.15the commissioner of administration and must work closely with the Minnesota chief 57.16information officer who shall advise on technology projects, standards, and services. 57.17    Subd. 7. Discretionary powers. The office may: 57.18(1) enter into contracts for goods or services with public or private organizations 57.19and charge fees for services it provides; 57.20(2) apply for, receive, and expend money from public agencies; 57.21(3) apply for, accept, and disburse grants and other aids from the federal government 57.22and other public or private sources; 57.23(4) enter into contracts with agencies of the federal government, local government 57.24units, the University of Minnesota and other educational institutions, and private persons 57.25and other nongovernment organizations as necessary to perform its statutory duties; 57.26(5) appoint committees and task forces to assist the office in carrying out its duties; 57.27(6) sponsor and conduct conferences and studies, collect and disseminate 57.28information, and issue reports relating to geospatial information and technology issues; 57.29(7) participate in the activities and conferences related to geospatial information 57.30and communications technology issues; 57.31(8) review the Geospatial Information Systems (GIS) technology infrastructure 57.32of regions of the state and cooperate with and make recommendations to the governor, 57.33legislature, state agencies, local governments, local technology development agencies, 57.34the federal government, private businesses, and individuals for the realization of GIS 57.35information and technology infrastructure development potential; 58.1(9) sponsor, support, and facilitate innovative and collaborative geospatial systems 58.2technology, data, and services projects; and 58.3(10) review and recommend alternative sourcing strategies for state geospatial 58.4information systems technology, data, and services. 58.5    Subd. 8. Geospatial advisory councils created. The chief geospatial information 58.6officer must establish a governance structure that includes advisory councils to provide 58.7recommendations for improving the operations and management of geospatial technology 58.8within state government and also on issues of importance to users of geospatial technology 58.9throughout the state. 58.10(a) A statewide geospatial advisory council must advise the Minnesota Geospatial 58.11Information Office regarding the improvement of services statewide through the 58.12coordinated, affordable, reliable, and effective use of geospatial technology. The 58.13commissioner of administration new text begin chief information officer new text end must appoint the members of the 58.14council. The members must represent a cross-section of organizations including counties, 58.15cities, universities, business, nonprofit organizations, federal agencies, and state agencies. 58.16No more than 20 percent of the members may be employees of a state agency. In addition, 58.17the chief geospatial information officer must be a nonvoting member. 58.18(b) A state government geospatial advisory council must advise the Minnesota 58.19Geospatial Information Office on issues concerning improving state government services 58.20through the coordinated, affordable, reliable, and effective use of geospatial technology. 58.21The commissioner of administration new text begin chief information officer new text end must appoint the members 58.22of the council. The members must represent up to 15 state government agencies and 58.23constitutional offices, including the Office of Enterprise Technology and the Minnesota 58.24Geospatial Information Office. The council must be chaired by the chief geographic 58.25information officer. A representative of the statewide geospatial advisory council must 58.26serve as a nonvoting member. 58.27(c) Members of both the statewide geospatial advisory council and the state 58.28government advisory council must be recommended by a process that ensures that each 58.29member is designated to represent a clearly identified agency or interested party category 58.30and that complies with the state's open appointment process. Members shall serve a 58.31term of two years. 58.32(d) The Minnesota Geospatial Information Office must provide administrative 58.33support for both geospatial advisory councils. 58.34(e) This subdivision expires June 30, 2011. 58.35    Subd. 9. Report to legislature. By January 15, 2010, the chief geospatial 58.36information officer must provide a report to the chairs and ranking minority members of 59.1the legislative committees with jurisdiction over the policy and budget for the office. The 59.2report must address all statutes that refer to the Minnesota Geospatial Information Office 59.3or land management information system and provide any necessary draft legislation to 59.4implement any recommendations. 59.5    Sec. 2. new text begin [16E.0151] RESPONSIBILITY FOR INFORMATION TECHNOLOGY new text end 59.6 new text begin SERVICES AND EQUIPMENT. new text end 59.7 new text begin (a) The chief information officer is responsible for providing or entering into new text end 59.8 new text begin managed services contracts for the provision of the following information technology new text end 59.9 new text begin systems and services to state agencies: new text end 59.10 new text begin (1) state data centers; new text end 59.11 new text begin (2) mainframes including system software; new text end 59.12 new text begin (3) servers including system software; new text end 59.13 new text begin (4) desktops including system software; new text end 59.14 new text begin (5) laptop computers including system software; new text end 59.15 new text begin (6) a data network including system software; new text end 59.16 new text begin (7) database, electronic mail, office systems, reporting, and other standard software new text end 59.17 new text begin tools; new text end 59.18 new text begin (8) business application software and related technical support services; new text end 59.19 new text begin (9) help desk for the components listed in clauses (1) to (8); new text end 59.20 new text begin (10) maintenance, problem resolution, and break-fix for the components listed in new text end 59.21 new text begin clauses (1) to (8); and new text end 59.22 new text begin (11) regular upgrades and replacement for the components listed in clauses (1) to (8). new text end 59.23 new text begin (b) All state agency employees whose work primarily involves functions specified in new text end 59.24 new text begin paragraph (a) are employees of the Office of Enterprise Technology. The chief information new text end 59.25 new text begin officer may assign employees of the office to perform work exclusively for another new text end 59.26 new text begin executive agency. new text end 59.27 new text begin (c) The chief information officer may allow a state agency to obtain services new text end 59.28 new text begin specified in paragraph (a) through a contract with an outside vendor when the value of an new text end 59.29 new text begin outside vendor contract can be demonstrated. The chief information officer must require new text end 59.30 new text begin that agency contracts with outside vendors ensure that systems and services are compatible new text end 59.31 new text begin with standards established by the Office of Enterprise Technology. new text end 59.32 new text begin (d) In exercising authority under this section, the chief information officer new text end 59.33 new text begin must cooperate with the commissioner of administration on contracts for acquisition new text end 59.34 new text begin of information technology systems and services. The authority granted to the chief new text end 59.35 new text begin information officer does not limit the procurement, contract management, and contract new text end 60.1 new text begin review authority of the commissioner of administration under chapter 16C, including new text end 60.2 new text begin authority of the commissioner to enter into and manage cooperative purchasing new text end 60.3 new text begin agreements with other states. new text end 60.4 new text begin (e) The State Lottery and Statewide Radio Board are not state agencies for purposes new text end 60.5 new text begin of this section. new text end 60.6    Sec. 3. new text begin [16E.036] ADVISORY COMMITTEE. new text end 60.7 new text begin (a) The Technology Advisory Committee is created to advise the chief information new text end 60.8 new text begin officer. The committee consists of six members appointed by the governor who are new text end 60.9 new text begin individuals actively involved in business planning for state executive branch agencies, new text end 60.10 new text begin one county member designated by the Association of Minnesota Counties, one member new text end 60.11 new text begin appointed by the governor as a representative of a union that represents state information new text end 60.12 new text begin technology employees, and one member appointed by the governor to represent private new text end 60.13 new text begin businesses. new text end 60.14 new text begin (b) Membership terms, removal of members, and filling of vacancies are as provided new text end 60.15 new text begin in section 15.059. Members do not receive compensation or reimbursement for expenses. new text end 60.16 new text begin (c) The committee shall select a chair from its members. The chief information new text end 60.17 new text begin officer shall provide administrative support to the committee. new text end 60.18 new text begin (d) The committee shall advise the chief information officer on: new text end 60.19 new text begin (1) development and implementation of the state information technology strategic new text end 60.20 new text begin plan; new text end 60.21 new text begin (2) critical information technology initiatives for the state; new text end 60.22 new text begin (3) standards for state information architecture; new text end 60.23 new text begin (4) identification of business and technical needs of state agencies; new text end 60.24 new text begin (5) strategic information technology portfolio management, project prioritization, new text end 60.25 new text begin and investment decisions; new text end 60.26 new text begin (6) the office's performance measures and fees for service agreements with executive new text end 60.27 new text begin branch agencies; new text end 60.28 new text begin (7) management of the state enterprise technology revolving fund; and new text end 60.29 new text begin (8) the efficient and effective operation of the office. new text end 60.30    Sec. 4. Minnesota Statutes 2010, section 16E.14, is amended by adding a subdivision 60.31to read: 60.32     new text begin Subd. 6. new text end new text begin Technology improvement account. new text end new text begin The technology improvement account new text end 60.33 new text begin is established as an account in the enterprise technology fund. Money in the account is new text end 60.34 new text begin appropriated to the chief information officer for the purpose of funding a project that will new text end 61.1 new text begin result in improvements in state information and telecommunications technology. The new text end 61.2 new text begin chief information officer may spend money from the account on behalf of a state agency new text end 61.3 new text begin or group of agencies or may transfer money in the account to a state agency or group of new text end 61.4 new text begin agencies only according to an agreement under which: (1) the chief information officer new text end 61.5 new text begin has determined that savings generated by the project to be funded from the account will new text end 61.6 new text begin exceed the cost of the project; and (2) the agency or agencies sponsoring the project have new text end 61.7 new text begin developed a plan for recouping the project costs to the fund. new text end 61.8    Sec. 5. new text begin TRANSFERS. new text end 61.9 new text begin (a) Powers, duties, responsibilities, assets, personnel, and unexpended appropriations new text end 61.10 new text begin relating to functions assigned to the chief information officer in Minnesota Statutes, new text end 61.11 new text begin section 16E.0151, are transferred to the Office of Enterprise Technology from all other new text end 61.12 new text begin state agencies, as defined in Minnesota Statutes, section 16E.03, subdivision 1, paragraph new text end 61.13 new text begin (e), effective July 1, 2011. By January 15, 2012, the chief information officer shall submit new text end 61.14 new text begin to the legislature any statutory changes needed to complete implementation of the transfer new text end 61.15 new text begin in this section. new text end 61.16 new text begin (b) Prior to the transfer mandated by paragraph (a), the chief information officer must new text end 61.17 new text begin enter into a service-level agreement with each state agency governing the provision of new text end 61.18 new text begin information technology systems and services in Minnesota Statutes, section 16E.0151. The new text end 61.19 new text begin agreements must specify the services to be provided and the charges for these services. As new text end 61.20 new text begin specified in Minnesota Statutes, section 16E.0151, an agency may choose to obtain these new text end 61.21 new text begin services from an outside vendor, rather than from the Office of Enterprise Technology. new text end 61.22 new text begin (c) Powers, duties, responsibilities, assets, personnel, and unexpended appropriations new text end 61.23 new text begin relating to geospatial information systems are transferred from the commissioner of new text end 61.24 new text begin administration to the Office of Enterprise Technology. new text end 61.25 new text begin (d) Minnesota Statutes, section 15.039, applies to transfers in this section. Executive new text end 61.26 new text begin branch officials may use authority under Minnesota Statutes, section 16B.37, as necessary new text end 61.27 new text begin to implement this section. new text end 61.28    Sec. 6. new text begin STUDY. new text end 61.29 new text begin The chief information officer in the Office of Enterprise Technology shall report new text end 61.30 new text begin to the chairs and ranking minority members of the house of representatives and senate new text end 61.31 new text begin committees with jurisdiction over state government finance by January 15, 2012, on new text end 61.32 new text begin the feasibility and desirability of the office entering into service-level agreements with new text end 61.33 new text begin the State Lottery and the Statewide Radio Board regarding provision of information new text end 61.34 new text begin technology systems and services to those entities. new text end 62.1    Sec. 7. new text begin REVISOR'S INSTRUCTION. new text end 62.2 new text begin The revisor of statutes shall recodify Minnesota Statutes, section 16B.99, into new text end 62.3 new text begin Minnesota Statutes, chapter 16E. new text end