1.1                          A bill for an act 
  1.2             relating to public administration; making changes 
  1.3             designed to improve efficiency and operation of 
  1.4             government; abolishing periodic reports; granting 
  1.5             certain duties to the legislative coordinating 
  1.6             commission, and providing for the cessation of certain 
  1.7             other legislative commissions; repealing certain 
  1.8             obsolete rules, and removing references to repealed 
  1.9             rules; providing for study of reorganization of 
  1.10            certain state agency functions; requiring certain 
  1.11            reports from the higher education services office; 
  1.12            modifying laws governing operation of the department 
  1.13            of employee relations; providing mission statements 
  1.14            for state departments and agencies; establishing 
  1.15            various pilot projects to improve the efficiency of 
  1.16            state and local government human resources and 
  1.17            procurement functions; requiring a study of specified 
  1.18            issues related to public employment; establishing a 
  1.19            process for developing more efficient procedures for 
  1.20            state agencies to contract with the University of 
  1.21            Minnesota; permitting the board of government 
  1.22            innovation and cooperation to waive certain rules of 
  1.23            specified state agencies; making changes to improve 
  1.24            administration of the medical assistance program; 
  1.25            providing deadlines for certain state and local agency 
  1.26            actions; establishing a process to ensure state 
  1.27            agencies are responsive to customer needs; amending 
  1.28            Minnesota Statutes 1994, sections 3.303, subdivision 
  1.29            5; 3.305; 3.85, subdivision 5; 3.855, by adding a 
  1.30            subdivision; 13.67; 16A.055, by adding a subdivision; 
  1.31            16B.04, by adding a subdivision; 17.03, by adding a 
  1.32            subdivision; 43A.04, subdivision 1, and by adding a 
  1.33            subdivision; 43A.08, subdivision 1; 43A.10, 
  1.34            subdivision 8; 43A.13, subdivision 6; 43A.15, by 
  1.35            adding a subdivision; 43A.19, subdivision 1; 43A.191, 
  1.36            subdivisions 1, 2, and 3; 43A.24, subdivision 2; 
  1.37            43A.27, subdivision 3; 43A.316; 43A.317, subdivision 
  1.38            5; 45.012; 62J.45, subdivision 8; 84.027, by adding a 
  1.39            subdivision; 116.03, by adding a subdivision; 
  1.40            116J.011; 120.0111; 135A.052, subdivision 1; 144.05; 
  1.41            174.02, by adding a subdivision; 175.001, by adding a 
  1.42            subdivision; 190.09; 196.05; 216A.07, by adding a 
  1.43            subdivision; 216C.051, subdivision 6; 241.01, by 
  1.44            adding a subdivision; 245.03; 256B.056, by adding 
  1.45            subdivisions; 256B.0644; 256D.405, by adding a 
  1.46            subdivision; 268.0122, by adding a subdivision; 
  2.1             270.02, by adding a subdivision; 299A.01, by adding a 
  2.2             subdivision; 356.87; and 363.05, by adding a 
  2.3             subdivision; Minnesota Rules, parts 1540.2140; 
  2.4             7001.0140, subpart 2; 7001.0180; 8130.3500, subpart 3; 
  2.5             and 8130.6500, subpart 5; proposing coding for new law 
  2.6             in Minnesota Statutes, chapters 15; and 465; repealing 
  2.7             Minnesota Statutes 1994, sections 3.304, subdivision 
  2.8             2; 3.855, subdivision 1; 3.861; 3.863; 3.864; 3.873, 
  2.9             subdivision 9; 3.881; 3.882; 3.885, subdivisions 1a, 
  2.10            3, 6, 7, and 8; 3.9227; 256B.504; and 256D.425, 
  2.11            subdivision 3; Minnesota Rules, parts 1540.0010, 
  2.12            subparts 12, 18, 21, 22, and 24; 1540.0060; 1540.0070; 
  2.13            1540.0080; 1540.0100; 1540.0110; 1540.0120; 1540.0130; 
  2.14            1540.0140; 1540.0150; 1540.0160; 1540.0170; 1540.0180; 
  2.15            1540.0190; 1540.0200; 1540.0210; 1540.0220; 1540.0230; 
  2.16            1540.0240; 1540.0260; 1540.0320; 1540.0330; 1540.0340; 
  2.17            1540.0350; 1540.0370; 1540.0380; 1540.0390; 1540.0400; 
  2.18            1540.0410; 1540.0420; 1540.0440; 1540.0450; 1540.0460; 
  2.19            1540.0490; 1540.0500; 1540.0510; 1540.0520; 1540.0770; 
  2.20            1540.0780; 1540.0800; 1540.0810; 1540.0830; 1540.0880; 
  2.21            1540.0890; 1540.0900; 1540.0910; 1540.0920; 1540.0930; 
  2.22            1540.0940; 1540.0950; 1540.0960; 1540.0970; 1540.0980; 
  2.23            1540.0990; 1540.1000; 1540.1005; 1540.1010; 1540.1020; 
  2.24            1540.1030; 1540.1040; 1540.1050; 1540.1060; 1540.1070; 
  2.25            1540.1080; 1540.1090; 1540.1100; 1540.1110; 1540.1120; 
  2.26            1540.1130; 1540.1140; 1540.1150; 1540.1160; 1540.1170; 
  2.27            1540.1180; 1540.1190; 1540.1200; 1540.1210; 1540.1220; 
  2.28            1540.1230; 1540.1240; 1540.1250; 1540.1255; 1540.1260; 
  2.29            1540.1280; 1540.1290; 1540.1300; 1540.1310; 1540.1320; 
  2.30            1540.1330; 1540.1340; 1540.1350; 1540.1360; 1540.1380; 
  2.31            1540.1400; 1540.1410; 1540.1420; 1540.1430; 1540.1440; 
  2.32            1540.1450; 1540.1460; 1540.1470; 1540.1490; 1540.1500; 
  2.33            1540.1510; 1540.1520; 1540.1530; 1540.1540; 1540.1550; 
  2.34            1540.1560; 1540.1570; 1540.1580; 1540.1590; 1540.1600; 
  2.35            1540.1610; 1540.1620; 1540.1630; 1540.1640; 1540.1650; 
  2.36            1540.1660; 1540.1670; 1540.1680; 1540.1690; 1540.1700; 
  2.37            1540.1710; 1540.1720; 1540.1730; 1540.1740; 1540.1750; 
  2.38            1540.1760; 1540.1770; 1540.1780; 1540.1790; 1540.1800; 
  2.39            1540.1810; 1540.1820; 1540.1830; 1540.1840; 1540.1850; 
  2.40            1540.1860; 1540.1870; 1540.1880; 1540.1890; 1540.1900; 
  2.41            1540.1905; 1540.1910; 1540.1920; 1540.1930; 1540.1940; 
  2.42            1540.1950; 1540.1960; 1540.1970; 1540.1980; 1540.1990; 
  2.43            1540.2000; 1540.2010; 1540.2015; 1540.2020; 1540.2090; 
  2.44            1540.2100; 1540.2110; 1540.2120; 1540.2180; 1540.2190; 
  2.45            1540.2200; 1540.2210; 1540.2220; 1540.2230; 1540.2240; 
  2.46            1540.2250; 1540.2260; 1540.2270; 1540.2280; 1540.2290; 
  2.47            1540.2300; 1540.2310; 1540.2320; 1540.2325; 1540.2330; 
  2.48            1540.2340; 1540.2350; 1540.2360; 1540.2370; 1540.2380; 
  2.49            1540.2390; 1540.2400; 1540.2410; 1540.2420; 1540.2430; 
  2.50            1540.2440; 1540.2450; 1540.2490; 1540.2500; 1540.2510; 
  2.51            1540.2530; 1540.2540; 1540.2550; 1540.2560; 1540.2570; 
  2.52            1540.2580; 1540.2590; 1540.2610; 1540.2630; 1540.2640; 
  2.53            1540.2650; 1540.2660; 1540.2720; 1540.2730; 1540.2740; 
  2.54            1540.2760; 1540.2770; 1540.2780; 1540.2790; 1540.2800; 
  2.55            1540.2810; 1540.2820; 1540.2830; 1540.2840; 1540.3420; 
  2.56            1540.3430; 1540.3440; 1540.3450; 1540.3460; 1540.3470; 
  2.57            1540.3560; 1540.3600; 1540.3610; 1540.3620; 1540.3630; 
  2.58            1540.3700; 1540.3780; 1540.3960; 1540.3970; 1540.3980; 
  2.59            1540.3990; 1540.4000; 1540.4010; 1540.4020; 1540.4030; 
  2.60            1540.4040; 1540.4080; 1540.4190; 1540.4200; 1540.4210; 
  2.61            1540.4220; 1540.4320; 1540.4330; 1540.4340; 2642.0120, 
  2.62            subpart 1; 2650.0100; 2650.0200; 2650.0300; 2650.0400; 
  2.63            2650.0500; 2650.0600; 2650.1100; 2650.1200; 2650.1300; 
  2.64            2650.1400; 2650.1500; 2650.1600; 2650.1700; 2650.1800; 
  2.65            2650.1900; 2650.2000; 2650.2100; 2650.3100; 2650.3200; 
  2.66            2650.3300; 2650.3400; 2650.3500; 2650.3600; 2650.3700; 
  2.67            2650.3800; 2650.3900; 2650.4000; 2650.4100; 2655.1000; 
  2.68            2660.0070; 2770.7400; 4610.2210; 7002.0410; 7002.0420; 
  2.69            7002.0430; 7002.0440; 7002.0450; 7002.0460; 7002.0470; 
  2.70            7002.0480; 7002.0490; 7047.0010; 7047.0020; 7047.0030; 
  2.71            7047.0040; 7047.0050; 7047.0060; 7047.0070; 7100.0300; 
  3.1             7100.0310; 7100.0320; 7100.0330; 7100.0335; 7100.0340; 
  3.2             7100.0350; 7510.6100; 7510.6200; 7510.6300; 7510.6350; 
  3.3             7510.6400; 7510.6500; 7510.6600; 7510.6700; 7510.6800; 
  3.4             7510.6900; 7510.6910; 7600.0100; 7600.0200; 7600.0300; 
  3.5             7600.0400; 7600.0500; 7600.0600; 7600.0700; 7600.0800; 
  3.6             7600.0900; 7600.1000; 7600.1100; 7600.1200; 7600.1300; 
  3.7             7600.1400; 7600.1500; 7600.1600; 7600.1700; 7600.1800; 
  3.8             7600.1900; 7600.2000; 7600.2100; 7600.2200; 7600.2300; 
  3.9             7600.2400; 7600.2500; 7600.2600; 7600.2700; 7600.2800; 
  3.10            7600.2900; 7600.3000; 7600.3100; 7600.3200; 7600.3300; 
  3.11            7600.3400; 7600.3500; 7600.3600; 7600.3700; 7600.3800; 
  3.12            7600.3900; 7600.4000; 7600.4100; 7600.4200; 7600.4300; 
  3.13            7600.4400; 7600.4500; 7600.4600; 7600.4700; 7600.4800; 
  3.14            7600.4900; 7600.5000; 7600.5100; 7600.5200; 7600.5300; 
  3.15            7600.5400; 7600.5500; 7600.5600; 7600.5700; 7600.5800; 
  3.16            7600.5900; 7600.6000; 7600.6100; 7600.6200; 7600.6300; 
  3.17            7600.6400; 7600.6500; 7600.6600; 7600.6700; 7600.6800; 
  3.18            7600.6900; 7600.7000; 7600.7100; 7600.7200; 7600.7210; 
  3.19            7600.7300; 7600.7400; 7600.7500; 7600.7600; 7600.7700; 
  3.20            7600.7750; 7600.7800; 7600.7900; 7600.8100; 7600.8200; 
  3.21            7600.8300; 7600.8400; 7600.8500; 7600.8600; 7600.8700; 
  3.22            7600.8800; 7600.8900; 7600.9000; 7600.9100; 7600.9200; 
  3.23            7600.9300; 7600.9400; 7600.9500; 7600.9600; 7600.9700; 
  3.24            7600.9800; 7600.9900; 7625.0100; 7625.0110; 7625.0120; 
  3.25            7625.0200; 7625.0210; 7625.0220; 7625.0230; 8120.1100, 
  3.26            subpart 3; 8121.0500, subpart 2; 8130.9912; 8130.9913; 
  3.27            8130.9916; 8130.9920; 8130.9930; 8130.9956; 8130.9958; 
  3.28            8130.9968; 8130.9972; 8130.9980; 8130.9992; 9540.0100; 
  3.29            9540.0200; 9540.0300; 9540.0400; 9540.0500; 9540.1000; 
  3.30            9540.1100; 9540.1200; 9540.1300; 9540.1400; 9540.1500; 
  3.31            9540.2000; 9540.2100; 9540.2200; 9540.2300; 9540.2400; 
  3.32            9540.2500; 9540.2600; and 9540.2700. 
  3.33  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  3.34                             ARTICLE 1
  3.35                         REPORTS ABOLISHED
  3.36     Section 1.  [REPORTS ABOLISHED.] 
  3.37     Subdivision 1.  [ABOLITION; EXCEPTIONS.] Except as provided 
  3.38  in subdivision 3, each requirement in law for a periodic report 
  3.39  from a state agency to the legislature listed in "Required 
  3.40  Periodic Reports to the Legislature" compiled in accordance with 
  3.41  Laws 1994, chapter 559, section 4, is abolished effective 
  3.42  October 15, 1995, except for the reports required by Minnesota 
  3.43  Statutes, sections 1.31, section 5, subdivision 2; 2.91, 
  3.44  subdivisions 2 and 4; 3.17; 3.30, subdivision 2; 3.3005, 
  3.45  subdivisions 2 and 5; 3.754; 3.85, subdivision 11; 3.855, 
  3.46  subdivision 2; 3.873, subdivision 6; 3.885, subdivisions 6 and 
  3.47  7; 3.9227, subdivisions 2 and 3; 3.97, subdivision 12; 3.971 ; 
  3.48  3.972, subdivision 3; 3.973; 3.974; 3.975; 3C.03, subdivision 4; 
  3.49  3C.12, subdivision 2; 4.071, subdivision 2; 4.47; 4A.06; 5.08, 
  3.50  subdivisions 1 and 2; 6.72, subdivision 1; 6.74; 6.75; 8.15, 
  3.51  subdivisions 3 and 4; 10.47; 10.48; 10A.02, subdivisions 1, 2, 
  4.1   and 8; 10A.07, subdivisions 1 and 2; 11A.04; 11A.041; 11A.07, 
  4.2   subdivision 4; 12.221, subdivision 1; 13.32, subdivision 6; 
  4.3   14.18, subdivision 2; 14.46, subdivision 4; 14.47, subdivision 
  4.4   8; 15.0597, subdivision 7; 15.0599, subdivision 5; 15.065; 
  4.5   15.50, subdivision 2, paragraph (k); 15.91, subdivision 2; 
  4.6   15A.081, subdivisions 1, 7, and 7b; 15A.082, subdivision 3; 
  4.7   16A.06, subdivision 2; 16A.095, subdivision 2; 16A.10, 
  4.8   subdivisions 1 and 2; 16A.102, subdivisions 1 and 3; 16A.103, 
  4.9   subdivisions 1, 2, and 3; 16A.105; 16A.11, subdivision 1; 
  4.10  16A.122, subdivision 4; 16A.124, subdivision 7; 16A.127, 
  4.11  subdivision 2; 16A.1285, subdivisions 3 and 4; 16A.285; 16A.50; 
  4.12  16A.501; 16A.641, subdivision 2; 16A.671, subdivision 2; 16A.69, 
  4.13  subdivision 2; 16B.103, subdivision 2; 16B.17, subdivisions 4 
  4.14  and 5; 16B.24, subdivision 3; 16B.335, subdivisions 1 and 5; 
  4.15  16B.36, subdivision 2; 16D.03, subdivision 3; 17.10; 18.62, 
  4.16  article IX; 18B.045, subdivision 1; 32.73, subdivision 7; 37.07; 
  4.17  41.53, subdivision 3; 41B.18, subdivision 6; 41C.08, subdivision 
  4.18  5; 42.04, subdivision 2; 43A.04, subdivision 7; 43A.05, 
  4.19  subdivision 3; 43A.18, subdivision 6; 43A.31, subdivision 2; 
  4.20  43A.39, subdivision 2; 60B.09, subdivisions 1 and 2; 62J.04, 
  4.21  subdivisions 1a, 4, and 9; 62J.05, subdivision 1; 62J.07, 
  4.22  subdivision 3; 62Q.41; 79.251, subdivision 1; 84.026; 84.03; 
  4.23  84.95, subdivision 3; 84.968, subdivision 2; 85.019, subdivision 
  4.24  2; 85A.02, subdivisions 5a and 5c; 86.72, subdivision 3; 88.81; 
  4.25  89.013; 92.27; 94.165; 94.349, subdivision 5; 97A.055, 
  4.26  subdivisions 3 and 4; 97A.065, subdivision 3; 97A.345; 103B.255, 
  4.27  subdivision 9; 103F.161, subdivision 2; 103F.751; 103G.2373; 
  4.28  103G.511, subdivision 9; 103I.331, subdivision 5; 115.42; 
  4.29  115A.07, subdivisions 2 and 3; 115A.14, subdivision 4; 115A.15, 
  4.30  subdivision 5; 115A.165; 115A.29, subdivision 3; 115A.411, 
  4.31  subdivision 1; 115A.551, subdivisions 4 and 5; 115A.557, 
  4.32  subdivision 4; 115A.965, subdivision 7; 115A.981, subdivision 3; 
  4.33  115B.20, subdivisions 5 and 6; 115B.412, subdivision 10; 
  4.34  115D.10; 115E.08; 116.10; 116.62, subdivision 7; 116.98, 
  4.35  subdivision 3; 116C.04, subdivision 2; 116C.06, subdivision 3; 
  4.36  116C.712, subdivisions 1 and 5; 116C.731, subdivision 4; 
  5.1   116F.06, subdivision 4; 116J.555, subdivision 2; 116J.58, 
  5.2   subdivision 1, clauses (15) and (19); 116J.693, subdivision 8; 
  5.3   116J.986, subdivision 2; 116J.990, subdivision 6; 116M.17, 
  5.4   subdivision 4; 116N.04, subdivision 5; 116N.06; 116O.071, 
  5.5   subdivision 1; 116O.122, subdivision 2; 116O.15; 116P.05, 
  5.6   subdivision 2; 116P.07; 116P.08, subdivisions 3, 4, and 6; 
  5.7   116P.09, subdivision 7; 116R.02, subdivision 3; 121.11, 
  5.8   subdivision 7c; 121.14; 121.207, subdivision 3; 124.2131, 
  5.9   subdivision 1; 124.431, subdivision 7; 124A.30; 124C.03, 
  5.10  subdivision 6; 125.05, subdivision 7; 126B.02, subdivision 2; 
  5.11  128C.02, subdivision 6; 128C.12, subdivision 3; 129D.02, 
  5.12  subdivision 5; 135A.06, subdivision 1; 135A.09; 135A.20, article 
  5.13  IV, paragraph (A); 136.142, subdivision 1; 136.41, subdivision 
  5.14  8; 136A.07; 136A.1702; 136E.04, subdivision 3; 137.02, 
  5.15  subdivision 3a; 137.0245, subdivision 4; 144.07; 144.392; 
  5.16  144.701, subdivision 4; 144.874, subdivision 12; 144.878, 
  5.17  subdivision 5; 144A.071, subdivisions 4 and 5; 144A.073, 
  5.18  subdivision 3; 144A.31, subdivision 5; 145A.15, subdivision 4; 
  5.19  152.151; 169.435, subdivision 2; 169.685, subdivision 7; 174.02, 
  5.20  subdivision 6; 175.171; 176.129, subdivision 12; 176.136, 
  5.21  subdivision 3; 192.52; 209.10, subdivision 3; 214.10, 
  5.22  subdivision 8; 216C.02, subdivision 1; 236A.01, article III, 
  5.23  paragraph (a)(10); 240.18, subdivision 2; 240A.03, subdivision 
  5.24  15; 241.01, subdivision 5; 241.67, subdivision 8; 244.09, 
  5.25  subdivisions 6, 11, and 14; 245.494, subdivision 1; 245.98, 
  5.26  subdivision 3; 246.12; 252.46, subdivision 3; 256.014, 
  5.27  subdivision 3; 256B.0625, subdivision 19b; 256B.0913, 
  5.28  subdivision 14; 256B.0915, subdivision 3; 256B.49, subdivision 
  5.29  4; 256B.501, subdivision 3c; 256F.13, subdivision 3; 256I.05, 
  5.30  subdivision 7b; 257.0725; 268.36; 268.367; 268.37, subdivision 
  5.31  5; 268.38, subdivision 11; 268.65, subdivision 1; 268.916; 
  5.32  270.06, paragraphs (10) and (12); 270.063; 270.067, subdivisions 
  5.33  2 and 4; 270.0682, subdivision 1; 290.171, article VI, paragraph 
  5.34  4. (a); 290.431; 298.22, subdivision 2; 299A.32, subdivision 3; 
  5.35  299A.35, subdivision 3; 299C.18; 300.63; 352.91, subdivision 4; 
  5.36  353A.05, subdivision 1; 353B.14; 356.20, subdivision 3; 356.215, 
  6.1   subdivisions 3 and 6; 356.218, subdivision 1; 356.219, 
  6.2   subdivision 4; 356.23, subdivision 2; 356.24, subdivision 2; 
  6.3   356.88; 401.065, subdivision 4; 402.04, subdivision 3; 422A.06, 
  6.4   subdivision 8; 423B.15, subdivision 5; 446A.04, subdivision 5; 
  6.5   446A.09; 462A.22, subdivision 9; 465.796, subdivision 2; 
  6.6   473.149, subdivision 6; 473.155, subdivision 4; 473.616, 
  6.7   subdivision 4; 473.621, subdivision 1a; 473.661, subdivision 4; 
  6.8   473.845, subdivision 4; 473.846; 473.848, subdivision 4; 480.15; 
  6.9   490.124, subdivision 11; 609.5315, subdivision 6; 611.215, 
  6.10  subdivision 2; 611.216, subdivision 1; 626.553, subdivision 2; 
  6.11  626.5531, subdivision 2; 626.843, subdivision 4; 626A.17, 
  6.12  subdivision 3; and 638.075. During the 1995 interim, the revisor 
  6.13  of statutes shall prepare a bill to remove from Minnesota 
  6.14  Statutes any language that creates a requirement for a report 
  6.15  that is abolished by this act.  As part of the preparation of 
  6.16  the bill, the revisor shall request from the chair of each 
  6.17  committee of the house of representatives and senate any changes 
  6.18  that the chair recommends regarding the proper recipients of 
  6.19  reports, the possibility of combining reports, and the frequency 
  6.20  of reports. 
  6.21     Subd. 2.  Reports required by the following sections are 
  6.22  also excepted from the abolition of reports by subdivision 1:  
  6.23  Minnesota Statutes, sections 1.21, article V, paragraph B; 3.07; 
  6.24  3.153, subdivisions 1 and 4; 3.30, subdivision 1; 3.304, 
  6.25  subdivision 2a; 3.305, subdivision 1; 3.738, subdivision 1; 
  6.26  3.739, subdivision 2; 3.842, subdivision 6; 3.844; 3.846; 3.85, 
  6.27  subdivisions 2 and 9; 3.861, subdivision 2; 3.887, subdivision 
  6.28  5; 3.922, subdivision 6; 3.9221, subdivision 5; 3.9222, 
  6.29  subdivision 4; 3.9223, subdivisions 3 and 7; 3.9225, 
  6.30  subdivisions 3 and 7; 3.9226, subdivisions 3 and 7; 3.982; 
  6.31  3C.03, subdivisions 2 and 3; 3C.035, subdivision 1; 3C.04, 
  6.32  subdivisions 3, 4, and 5; 4.45, subdivision 2; 4.47; 4A.02; 
  6.33  8.13; 8.32, subdivision 2; 9.061, subdivision 4; 10.44; 10.47; 
  6.34  10A.05; 10A.035; 11A.17, subdivision 11; 14.08; 14.115, 
  6.35  subdivision 8; 14.12; 14.15, subdivisions 3 and 4; 14.19; 14.23; 
  6.36  14.26, subdivisions 1 and 3; 14.32, subdivision 2; 15.0597, 
  7.1   subdivision 3; 15.06, subdivision 2; 15.063; 15.16, subdivision 
  7.2   5; 15.161; 15.91, subdivision 2; 15.95, subdivision 3; 16A.055, 
  7.3   subdivision 1; 16A.27, subdivisions 2 and 4; 16B.21, 
  7.4   subdivisions 1 and 2; 16B.24, subdivisions 1 and 6a; 16B.305, 
  7.5   subdivision 3; 16B.31, subdivision 6; 16B.36, subdivision 1; 
  7.6   16B.37, subdivisions 1 and 2; 16B.40, subdivisions 2 and 5; 
  7.7   16B.41, subdivision 2; 16B.42, subdivision 3; 16B.45; 16B.75, 
  7.8   article VI; 17.03, subdivision 7; 17.114, subdivisions 3, 4, and 
  7.9   15; 17.49, subdivision 3; 18.0228, subdivision 3; 18.023, 
  7.10  subdivision 11; 18.024, subdivision 1; 18.62, article IV; 
  7.11  18E.06; 28A.20, subdivision 5; 37.06; 40A.17; 41.53, subdivision 
  7.12  3; 41B.036, paragraph (m); 43A.04, subdivision 9; 43A.05, 
  7.13  subdivisions 5 and 6; 43A.06, subdivision 4; 43A.17, subdivision 
  7.14  9; 43A.18, subdivisions 2, 3, 3a, 4, 4a, and 5; 43A.191, 
  7.15  subdivision 3; 60A.092, subdivision 3; 62A.62, subdivision 1; 
  7.16  62J.05, subdivision 1; 62L.08, subdivision 10; 62N.35; 62Q.33, 
  7.17  subdivision 5; 69.051, subdivision 4; 85.015, subdivisions 12 
  7.18  and 13; 85A.02, subdivision 12; 90.172; 92.37; 93.002, 
  7.19  subdivision 4; 94.09, subdivision 5; 103A.43; 103B.101, 
  7.20  subdivision 9; 103B.321, subdivision 1; 103B.351; 103F.377; 
  7.21  103F.393; 103F.461; 103G.265, subdivisions 2, 3, and 4; 
  7.22  103G.525; 103G.545, subdivision 2; 103H.175, subdivision 3; 
  7.23  103H.275, subdivision 1; 115A.158, subdivision 3; 115A.193; 
  7.24  115A.5501, subdivision 2; 115A.89; 115A.9651, subdivision 2; 
  7.25  115B.22, subdivision 8; 115B.28, subdivision 1; 115D.15, 
  7.26  subdivision 2; 116.03, subdivision 3; 116.10; 116C.34, 
  7.27  subdivision 2; 116C.69, subdivision 1; 116C.831, article III, 
  7.28  paragraph i., clause 2; 116C.833, subdivision 2; 116C.841; 
  7.29  116C.842, subdivision 1; 116D.10; 116G.15; 116J.581, 
  7.30  subdivisions 2 and 3; 116J.85, subdivision 3; 116O.09, 
  7.31  subdivision 2; 116O.091, subdivision 4; 116P.06, subdivision 2; 
  7.32  116P.12, subdivision 1; 116Q.02, subdivision 2; 116R.02, 
  7.33  subdivision 9; 116S.08; 121.16, subdivision 3; 121.931, 
  7.34  subdivisions 3 and 4; 124.14, subdivision 3a; 126.239, 
  7.35  subdivision 4; 126A.12; 128B.08; 128C.20, subdivision 2; 
  7.36  129D.155; 135A.046, subdivision 3; 137.022, subdivision 4; 
  8.1   137.31, subdivision 6; 138.667; 138.763, subdivision 2; 138.91, 
  8.2   subdivision 1; 138A.06; 144.564, subdivision 3; 144.672, 
  8.3   subdivision 2; 144.693, subdivision 2; 144.70, subdivision 1; 
  8.4   145.882, subdivision 8; 169.832, subdivision 13; 175.007, 
  8.5   subdivision 2; 176.222; 176A.10; 178.01; 181.9435; 192.501, 
  8.6   subdivision 3; 196.06, subdivision 2; 214.07, subdivision 2; 
  8.7   216C.051, subdivision 4; 216C.09; 216C.15, subdivisions 2 and 3; 
  8.8   216C.18, subdivisions 1 and 1a; 216C.315; 216C.33, subdivision 
  8.9   2; 239.101, subdivision 5; 240.02, subdivision 6; 245.494, 
  8.10  subdivision 2; 246.022, subdivision 4; 254A.03, subdivision 1; 
  8.11  256.9657, subdivision 8; 256.969, subdivisions 1 and 9, 
  8.12  paragraphs (a) and (b); 268.0122, subdivisions 3 and 4; 
  8.13  268.0124; 268.12, subdivisions 2 and 5; 268.15, subdivision 2; 
  8.14  268.363; 268.92, subdivision 10; 268.98, subdivision 2; 270.71; 
  8.15  282.018, subdivision 1; 298.298; 299A.01, subdivision 5; 
  8.16  299C.65; 299F.093, subdivision 1; 299K.08, subdivision 4; 
  8.17  349.151, subdivision 4; 349A.14; 349A.15; 352.03, subdivision 6, 
  8.18  paragraphs (7) and (14); 352.04, subdivision 3; 352.92, 
  8.19  subdivision 2; 352B.02, subdivision 1e; 353.03, subdivision 3a; 
  8.20  354.06, subdivision 2a; 354.42, subdivision 5; 354A.021, 
  8.21  subdivision 7; 354A.12, subdivision 2b; 355.50; 356.217; 
  8.22  356A.06, subdivision 5; 403.12, subdivision 12; 462.385, 
  8.23  subdivision 1; 462.393, subdivisions 1 and 2; 462A.073, 
  8.24  subdivision 5; 462A.201, subdivision 6; 462A.207, subdivision 6; 
  8.25  462C.04, subdivision 4; 462C.071, subdivision 6; 466A.08; 
  8.26  469.055, subdivision 1; 469.154, subdivision 1; 469.169, 
  8.27  subdivision 3; 469.173, subdivision 3; 469.207, subdivision 1; 
  8.28  471.999; 473.123, subdivision 4; 473.13, subdivision 1a; 
  8.29  473.143, subdivision 5; 473.1623, subdivision 6; 473.165; 
  8.30  473.173, subdivision 6; 473.245; 473.351, subdivision 2; 
  8.31  473.386, subdivision 2; 473.604, subdivision 1; and 473.704, 
  8.32  subdivision 19. 
  8.33     Subd. 3.  [RETENTION; ADDITIONAL REPORTS.] If the speaker 
  8.34  of the house of representatives, the minority leader of the 
  8.35  senate or the house of representatives, or the chair of a 
  8.36  standing committee of the senate or the house, notifies the 
  9.1   revisor before October 15, 1995, that a report not referenced in 
  9.2   subdivision 1 or 2 should also be retained, that report is not 
  9.3   abolished, and the revisor shall not include language relating 
  9.4   to that report in the bill required by subdivision 1.  The 
  9.5   revisor shall also notify the affected agency that its 
  9.6   obligation to submit the report is not abolished. 
  9.7                              ARTICLE 2
  9.8                       LEGISLATIVE COMMISSIONS
  9.9      Section 1.  Minnesota Statutes 1994, section 3.303, 
  9.10  subdivision 5, is amended to read: 
  9.11     Subd. 5.  The commission shall represent the legislature 
  9.12  and assist state agencies to make arrangements to accommodate 
  9.13  and appropriately recognize individuals or groups visiting 
  9.14  Minnesota as direct or indirect representatives of foreign 
  9.15  governments, other states, or subdivisions or agencies of 
  9.16  foreign governments or other states and to provide other 
  9.17  services determined by the commission.  
  9.18     Subd. 6.  The commission may make grants, employ an 
  9.19  executive director and other staff, and obtain office space, 
  9.20  equipment, and supplies necessary to perform its duties. 
  9.21     Sec. 2.  Minnesota Statutes 1994, section 3.305, is amended 
  9.22  to read: 
  9.23     3.305 [LEGISLATIVE COORDINATING COMMISSION; BUDGET 
  9.24  AUTHORITY BICAMERAL LEGISLATIVE ADMINISTRATION.] 
  9.25     Subdivision 1.  [REVIEW DEFINITIONS.] (a) "Legislative 
  9.26  commission" means a joint commission, committee, or other entity 
  9.27  in the legislative branch composed exclusively of members of the 
  9.28  senate and the house of representatives. 
  9.29     (b) "Joint offices" means the revisor of statutes, 
  9.30  legislative reference library, the office of legislative 
  9.31  auditor, and any other joint legislative service office.  
  9.32     Subd. 1a.  [APPROVAL OF COMMISSION BUDGETS; ADDITIONAL 
  9.33  STAFF; COMPENSATION.] The administrative budget request of any 
  9.34  statutory a legislative commission the majority of whose members 
  9.35  are members of the legislature or joint office shall be 
  9.36  submitted to the legislative coordinating commission for review 
 10.1   and comment approval before its submission to the finance 
 10.2   committee appropriate fiscal committees of the senate and the 
 10.3   appropriations committee of the house of representatives.  No 
 10.4   such commission shall employ additional personnel without first 
 10.5   having received the recommendation of the legislative 
 10.6   coordinating commission.  In reviewing the budgets, the 
 10.7   legislative coordinating commission shall evaluate and make 
 10.8   recommendations on how to improve the efficiency and 
 10.9   effectiveness of bicameral support functions and services and on 
 10.10  whether there is a continuing need for the various legislative 
 10.11  commissions.  The executive director of the legislative 
 10.12  coordinating commission shall recommend and the commission shall 
 10.13  establish the compensation of all employees of any statutory 
 10.14  legislative commission or joint office, except classified 
 10.15  employees of the legislative audit commission, the majority of 
 10.16  whose members are members of the legislature.  
 10.17     Subd. 2.  [TRANSFERS.] The legislative coordinating 
 10.18  commission may transfer unobligated balances among general fund 
 10.19  appropriations to the legislature. 
 10.20     Subd. 3.  [EMPLOYEES.] All employees of legislative 
 10.21  commissions and joint offices are employees of the legislature 
 10.22  in the unclassified service of the state, except classified 
 10.23  employees in the legislative auditor's office.  
 10.24     Subd. 4.  [ADMINISTRATIVE STAFF FOR COMMISSIONS.] The 
 10.25  executive director of the legislative coordinating commission 
 10.26  shall provide and manage office space and equipment and hire, 
 10.27  supervise, and manage all administrative, clerical, and 
 10.28  secretarial staff for all legislative commissions, except the 
 10.29  legislative advisory commission and the legislative audit 
 10.30  commission.  
 10.31     Subd. 5.  [GEOGRAPHIC INFORMATION SYSTEMS.] The executive 
 10.32  director of the legislative coordinating commission shall 
 10.33  maintain a geographic information systems office.  The office 
 10.34  shall maintain the data, facilities, and technical capacity to 
 10.35  draw electoral district boundaries.  The legislative 
 10.36  coordinating commission shall establish procedures to provide 
 11.1   members of the house and senate with geographic information and 
 11.2   mapping services on request. 
 11.3      Subd. 6.  [BICAMERAL WORKING GROUPS.] The legislative 
 11.4   coordinating commission may establish joint commissions, 
 11.5   committees, subcommittees, task forces, and similar bicameral 
 11.6   working groups to assist and advise the coordinating commission 
 11.7   in carrying out its duties.  The customary appointing authority 
 11.8   in each house shall appoint the members of any such entity.  The 
 11.9   coordinating commission may delegate to an entity, in writing, 
 11.10  specific powers and duties of the coordinating commission.  All 
 11.11  entities established by the commission under this subdivision 
 11.12  expire on January 1 of each odd-numbered year, unless renewed by 
 11.13  affirmative action of the commission. 
 11.14     Subd. 7.  [MEMBERSHIP ON LEGISLATIVE COMMISSIONS.] The 
 11.15  appointment of a member to a legislative commission, except a 
 11.16  member serving ex officio, is rendered void by three unexcused 
 11.17  absences of the member from the meetings of the commission.  If 
 11.18  an appointment becomes void, the legislative commission shall 
 11.19  notify the appointing authority of this and request another 
 11.20  appointment. 
 11.21     Sec. 3.  Minnesota Statutes 1994, section 3.85, subdivision 
 11.22  5, is amended to read: 
 11.23     Subd. 5.  [STAFF.] The commission may employ professional, 
 11.24  clerical, and technical assistants as it deems necessary to 
 11.25  perform the duties prescribed in this section.  
 11.26     Sec. 4.  Minnesota Statutes 1994, section 3.855, is amended 
 11.27  by adding a subdivision to read: 
 11.28     Subd. 1a.  [DEFINITIONS.] "Commission" means the 
 11.29  legislative coordinating commission or a legislative commission 
 11.30  established by the coordinating commission, as provided in 
 11.31  section 3.305, subdivision 6, to exercise the powers and 
 11.32  discharge the duties of the coordinating commission under this 
 11.33  section or other law requiring action by the coordinating 
 11.34  commission on matters of public employment or compensation. 
 11.35     Sec. 5.  Minnesota Statutes 1994, section 216C.051, 
 11.36  subdivision 6, is amended to read: 
 12.1      Subd. 6.  [ASSESSMENT; APPROPRIATION.] On request by the 
 12.2   cochairs of the legislative task force and the director after 
 12.3   approval of the legislative coordinating commission, the 
 12.4   commissioner of the department of public service shall assess 
 12.5   from electric utilities, in addition to assessments made under 
 12.6   section 216B.62, the amount requested for the studies and 
 12.7   analysis required in subdivisions 3 and 4 and for operation of 
 12.8   the task force not to exceed $350,000.  This authority to assess 
 12.9   continues until the commissioner has assessed a total of 
 12.10  $350,000.  The amount assessed under this section is 
 12.11  appropriated to the director of the legislative coordinating 
 12.12  commission for those purposes, and is available until expended. 
 12.13     Sec. 6.  [BICAMERAL ADMINISTRATION.] 
 12.14     Subdivision 1.  [LEGISLATIVE COMMISSIONS; CESSATION.] Each 
 12.15  legislative commission as defined in section 2, subdivision 1, 
 12.16  of this article, except the legislative coordinating commission, 
 12.17  the legislative advisory commission, and the legislative audit 
 12.18  commission, shall cease operation on July 1, 1996, unless the 
 12.19  legislative coordinating commission elects, by affirmative 
 12.20  action taken by January 1, 1996, to continue the operation of 
 12.21  the commission either alone or in combination with another 
 12.22  legislative commission.  The statutory functions and duties, if 
 12.23  any, of a commission that ceases operation under this provision 
 12.24  shall be performed as determined necessary by the legislative 
 12.25  coordinating commission. 
 12.26     Subd. 2.  [COORDINATING COMMISSION; RECOMMENDATIONS.] By 
 12.27  January 1, 1996, the legislative coordinating commission shall 
 12.28  make recommendations to the house of representatives and senate 
 12.29  on how to provide more efficient and effective legislative 
 12.30  support facilities, functions, and services on a bicameral 
 12.31  basis.  The recommendations must address at least the following 
 12.32  subjects:  accounting, procurement, contracts, payroll, and 
 12.33  other similar business services and systems; computers, 
 12.34  telephones, and other office technology; and public access 
 12.35  facilities and services, including television and public 
 12.36  information.  
 13.1      Subd. 3.  [EMPLOYEE TRANSFERS; REDUCTIONS.] (a) The staff 
 13.2   complement of the legislative commission on employee relations 
 13.3   is transferred to the legislative coordinating commission. 
 13.4      (b) The staff complement of the legislative commission on 
 13.5   planning and fiscal policy is eliminated effective August 1, 
 13.6   1995.  Staff required by the commission shall be provided by 
 13.7   existing legislative staff offices.  Administrative staff 
 13.8   required by the commission shall be provided by the house of the 
 13.9   chair of the commission. 
 13.10     Sec. 7.  [REVISOR INSTRUCTION.] 
 13.11     In the next and subsequent editions of Minnesota Statutes, 
 13.12  the revisor shall substitute the term "legislative coordinating 
 13.13  commission" for the term "legislative commission on employee 
 13.14  relations" in the following sections:  15A.081, subdivisions 1, 
 13.15  7, and 7b; 43A.04, subdivision 7; 43A.05, subdivisions 3, 5, and 
 13.16  6; 43A.06, subdivision 4; 43A.17, subdivision 9; and 43A.18, 
 13.17  subdivisions 2 and 3. 
 13.18     Sec. 8.  [REPEALER.] 
 13.19     Minnesota Statutes 1994, sections 3.304, subdivision 2; 
 13.20  3.855, subdivision 1; 3.861; 3.863; 3.864; 3.873, subdivision 9; 
 13.21  3.881; 3.882; 3.885, subdivisions 1a, 3, 6, 7, and 8; 3.9227; 
 13.22  and 256B.504, are repealed. 
 13.23     Sec. 9.  [EFFECTIVE DATE.] 
 13.24     Sections 1 to 8 are effective July 1, 1995. 
 13.25                             ARTICLE 3
 13.26                           REPEALED RULES
 13.27     Section 1.  [REPEALER; DEPARTMENT OF AGRICULTURE.] 
 13.28     Minnesota Rules, parts 1540.0010, subparts 12, 18, 21, 22, 
 13.29  and 24; 1540.0060; 1540.0070; 1540.0080; 1540.0100; 1540.0110; 
 13.30  1540.0120; 1540.0130; 1540.0140; 1540.0150; 1540.0160; 
 13.31  1540.0170; 1540.0180; 1540.0190; 1540.0200; 1540.0210; 
 13.32  1540.0220; 1540.0230; 1540.0240; 1540.0260; 1540.0320; 
 13.33  1540.0330; 1540.0340; 1540.0350; 1540.0370; 1540.0380; 
 13.34  1540.0390; 1540.0400; 1540.0410; 1540.0420; 1540.0440; 
 13.35  1540.0450; 1540.0460; 1540.0490; 1540.0500; 1540.0510; 
 13.36  1540.0520; 1540.0770; 1540.0780; 1540.0800; 1540.0810; 
 14.1   1540.0830; 1540.0880; 1540.0890; 1540.0900; 1540.0910; 
 14.2   1540.0920; 1540.0930; 1540.0940; 1540.0950; 1540.0960; 
 14.3   1540.0970; 1540.0980; 1540.0990; 1540.1000; 1540.1005; 
 14.4   1540.1010; 1540.1020; 1540.1030; 1540.1040; 1540.1050; 
 14.5   1540.1060; 1540.1070; 1540.1080; 1540.1090; 1540.1100; 
 14.6   1540.1110; 1540.1120; 1540.1130; 1540.1140; 1540.1150; 
 14.7   1540.1160; 1540.1170; 1540.1180; 1540.1190; 1540.1200; 
 14.8   1540.1210; 1540.1220; 1540.1230; 1540.1240; 1540.1250; 
 14.9   1540.1255; 1540.1260; 1540.1280; 1540.1290; 1540.1300; 
 14.10  1540.1310; 1540.1320; 1540.1330; 1540.1340; 1540.1350; 
 14.11  1540.1360; 1540.1380; 1540.1400; 1540.1410; 1540.1420; 
 14.12  1540.1430; 1540.1440; 1540.1450; 1540.1460; 1540.1470; 
 14.13  1540.1490; 1540.1500; 1540.1510; 1540.1520; 1540.1530; 
 14.14  1540.1540; 1540.1550; 1540.1560; 1540.1570; 1540.1580; 
 14.15  1540.1590; 1540.1600; 1540.1610; 1540.1620; 1540.1630; 
 14.16  1540.1640; 1540.1650; 1540.1660; 1540.1670; 1540.1680; 
 14.17  1540.1690; 1540.1700; 1540.1710; 1540.1720; 1540.1730; 
 14.18  1540.1740; 1540.1750; 1540.1760; 1540.1770; 1540.1780; 
 14.19  1540.1790; 1540.1800; 1540.1810; 1540.1820; 1540.1830; 
 14.20  1540.1840; 1540.1850; 1540.1860; 1540.1870; 1540.1880; 
 14.21  1540.1890; 1540.1900; 1540.1905; 1540.1910; 1540.1920; 
 14.22  1540.1930; 1540.1940; 1540.1950; 1540.1960; 1540.1970; 
 14.23  1540.1980; 1540.1990; 1540.2000; 1540.2010; 1540.2015; 
 14.24  1540.2020; 1540.2090; 1540.2100; 1540.2110; 1540.2120; 
 14.25  1540.2180; 1540.2190; 1540.2200; 1540.2210; 1540.2220; 
 14.26  1540.2230; 1540.2240; 1540.2250; 1540.2260; 1540.2270; 
 14.27  1540.2280; 1540.2290; 1540.2300; 1540.2310; 1540.2320; 
 14.28  1540.2325; 1540.2330; 1540.2340; 1540.2350; 1540.2360; 
 14.29  1540.2370; 1540.2380; 1540.2390; 1540.2400; 1540.2410; 
 14.30  1540.2420; 1540.2430; 1540.2440; 1540.2450; 1540.2490; 
 14.31  1540.2500; 1540.2510; 1540.2530; 1540.2540; 1540.2550; 
 14.32  1540.2560; 1540.2570; 1540.2580; 1540.2590; 1540.2610; 
 14.33  1540.2630; 1540.2640; 1540.2650; 1540.2660; 1540.2720; 
 14.34  1540.2730; 1540.2740; 1540.2760; 1540.2770; 1540.2780; 
 14.35  1540.2790; 1540.2800; 1540.2810; 1540.2820; 1540.2830; 
 14.36  1540.2840; 1540.3420; 1540.3430; 1540.3440; 1540.3450; 
 15.1   1540.3460; 1540.3470; 1540.3560; 1540.3600; 1540.3610; 
 15.2   1540.3620; 1540.3630; 1540.3700; 1540.3780; 1540.3960; 
 15.3   1540.3970; 1540.3980; 1540.3990; 1540.4000; 1540.4010; 
 15.4   1540.4020; 1540.4030; 1540.4040; 1540.4080; 1540.4190; 
 15.5   1540.4200; 1540.4210; 1540.4220; 1540.4320; 1540.4330; and 
 15.6   1540.4340, are repealed. 
 15.7      Sec. 2.  [REPEALER; DEPARTMENT OF COMMERCE.] 
 15.8      Minnesota Rules, parts 2642.0120, subpart 1; 2650.0100; 
 15.9   2650.0200; 2650.0300; 2650.0400; 2650.0500; 2650.0600; 
 15.10  2650.1100; 2650.1200; 2650.1300; 2650.1400; 2650.1500; 
 15.11  2650.1600; 2650.1700; 2650.1800; 2650.1900; 2650.2000; 
 15.12  2650.2100; 2650.3100; 2650.3200; 2650.3300; 2650.3400; 
 15.13  2650.3500; 2650.3600; 2650.3700; 2650.3800; 2650.3900; 
 15.14  2650.4000; 2650.4100; 2655.1000; 2660.0070; and 2770.7400, are 
 15.15  repealed. 
 15.16     Sec. 3.  [REPEALER; DEPARTMENT OF HEALTH.] 
 15.17     Minnesota Rules, part 4610.2210, is repealed. 
 15.18     Sec. 4.  [REPEALER; DEPARTMENT OF HUMAN SERVICES.] 
 15.19     Minnesota Rules, parts 9540.0100; 9540.0200; 9540.0300; 
 15.20  9540.0400; 9540.0500; 9540.1000; 9540.1100; 9540.1200; 
 15.21  9540.1300; 9540.1400; 9540.1500; 9540.2000; 9540.2100; 
 15.22  9540.2200; 9540.2300; 9540.2400; 9540.2500; 9540.2600; and 
 15.23  9540.2700, are repealed. 
 15.24     Sec. 5.  [REPEALER; POLLUTION CONTROL AGENCY.] 
 15.25     Minnesota Rules, parts 7002.0410; 7002.0420; 7002.0430; 
 15.26  7002.0440; 7002.0450; 7002.0460; 7002.0470; 7002.0480; 
 15.27  7002.0490; 7047.0010; 7047.0020; 7047.0030; 7047.0040; 
 15.28  7047.0050; 7047.0060; 7047.0070; 7100.0300; 7100.0310; 
 15.29  7100.0320; 7100.0330; 7100.0335; 7100.0340; and 7100.0350, are 
 15.30  repealed. 
 15.31     Sec. 6.  [REPEALER; DEPARTMENT OF PUBLIC SAFETY.] 
 15.32     Minnesota Rules, parts 7510.6100; 7510.6200; 7510.6300; 
 15.33  7510.6350; 7510.6400; 7510.6500; 7510.6600; 7510.6700; 
 15.34  7510.6800; 7510.6900; and 7510.6910, are repealed. 
 15.35     Sec. 7.  [REPEALER; DEPARTMENT OF PUBLIC SERVICE.] 
 15.36     Minnesota Rules, parts 7600.0100; 7600.0200; 7600.0300; 
 16.1   7600.0400; 7600.0500; 7600.0600; 7600.0700; 7600.0800; 
 16.2   7600.0900; 7600.1000; 7600.1100; 7600.1200; 7600.1300; 
 16.3   7600.1400; 7600.1500; 7600.1600; 7600.1700; 7600.1800; 
 16.4   7600.1900; 7600.2000; 7600.2100; 7600.2200; 7600.2300; 
 16.5   7600.2400; 7600.2500; 7600.2600; 7600.2700; 7600.2800; 
 16.6   7600.2900; 7600.3000; 7600.3100; 7600.3200; 7600.3300; 
 16.7   7600.3400; 7600.3500; 7600.3600; 7600.3700; 7600.3800; 
 16.8   7600.3900; 7600.4000; 7600.4100; 7600.4200; 7600.4300; 
 16.9   7600.4400; 7600.4500; 7600.4600; 7600.4700; 7600.4800; 
 16.10  7600.4900; 7600.5000; 7600.5100; 7600.5200; 7600.5300; 
 16.11  7600.5400; 7600.5500; 7600.5600; 7600.5700; 7600.5800; 
 16.12  7600.5900; 7600.6000; 7600.6100; 7600.6200; 7600.6300; 
 16.13  7600.6400; 7600.6500; 7600.6600; 7600.6700; 7600.6800; 
 16.14  7600.6900; 7600.7000; 7600.7100; 7600.7200; 7600.7210; 
 16.15  7600.7300; 7600.7400; 7600.7500; 7600.7600; 7600.7700; 
 16.16  7600.7750; 7600.7800; 7600.7900; 7600.8100; 7600.8200; 
 16.17  7600.8300; 7600.8400; 7600.8500; 7600.8600; 7600.8700; 
 16.18  7600.8800; 7600.8900; 7600.9000; 7600.9100; 7600.9200; 
 16.19  7600.9300; 7600.9400; 7600.9500; 7600.9600; 7600.9700; 
 16.20  7600.9800; 7600.9900; 7625.0100; 7625.0110; 7625.0120; 
 16.21  7625.0200; 7625.0210; 7625.0220; and 7625.0230, are repealed. 
 16.22     Sec. 8.  [REPEALER; DEPARTMENT OF REVENUE.] 
 16.23     Minnesota Rules, parts 8120.1100, subpart 3; 8121.0500, 
 16.24  subpart 2; 8130.9912; 8130.9913; 8130.9916; 8130.9920; 
 16.25  8130.9930; 8130.9956; 8130.9958; 8130.9968; 8130.9972; 
 16.26  8130.9980; and 8130.9992, are repealed. 
 16.27                             ARTICLE 4
 16.28                       CONFORMING AMENDMENTS
 16.29     Section 1.  Minnesota Rules, part 1540.2140, is amended to 
 16.30  read: 
 16.31  1540.2140 DISPOSITION OF CONDEMNED MEAT OR PRODUCT AT OFFICIAL 
 16.32  ESTABLISHMENTS HAVING NO TANKING FACILITIES. 
 16.33     Any carcass or product condemned at an official 
 16.34  establishment which has no facilities for tanking shall be 
 16.35  denatured with crude carbolic acid, cresylic disinfectant, or 
 16.36  other prescribed agent, or be destroyed by incineration under 
 17.1   the supervision of a department employee.  When such carcass or 
 17.2   product is not incinerated it shall be slashed freely with a 
 17.3   knife, before the denaturing agent is applied. 
 17.4      Carcasses and products condemned on account of anthrax, and 
 17.5   the materials identified in parts 1540.1300 to 1540.1360, which 
 17.6   are derived therefrom at establishments which are not equipped 
 17.7   with tanking facilities shall be disposed of by complete 
 17.8   incineration, or by thorough denaturing with a prescribed 
 17.9   denaturant, and then disposed of in accordance with the 
 17.10  requirements of the Board of Animal Health, who shall be 
 17.11  notified immediately by the inspector in charge. 
 17.12     Sec. 2.  Minnesota Rules, part 7001.0140, subpart 2, is 
 17.13  amended to read: 
 17.14     Subp. 2.  <h>Agency findings.</h>  The following findings by the 
 17.15  agency constitute justification for the agency to refuse to 
 17.16  issue a new or modified permit, to refuse permit reissuance, or 
 17.17  to revoke a permit without reissuance:  
 17.18     A.  that with respect to the facility or activity to be 
 17.19  permitted, the proposed permittee or permittees will not comply 
 17.20  with all applicable state and federal pollution control statutes 
 17.21  and rules administered by the agency, or conditions of the 
 17.22  permit; 
 17.23     B.  that there exists at the facility to be permitted 
 17.24  unresolved noncompliance with applicable state and federal 
 17.25  pollution control statutes and rules administered by the agency, 
 17.26  or conditions of the permit and that the permittee will not 
 17.27  undertake a schedule of compliance to resolve the noncompliance; 
 17.28     C.  that the permittee has failed to disclose fully all 
 17.29  facts relevant to the facility or activity to be permitted, or 
 17.30  that the permittee has submitted false or misleading information 
 17.31  to the agency or to the commissioner; 
 17.32     D.  that the permitted facility or activity endangers human 
 17.33  health or the environment and that the danger cannot be removed 
 17.34  by a modification of the conditions of the permit; 
 17.35     E.  that all applicable requirements of Minnesota Statutes, 
 17.36  chapter 116D and the rules adopted under Minnesota Statutes, 
 18.1   chapter 116D have not been fulfilled; 
 18.2      F.  that with respect to the facility or activity to be 
 18.3   permitted, the proposed permittee has not complied with any 
 18.4   requirement under parts 7002.0210 to 7002.0310, 7002.0410 to 
 18.5   7002.0490, or chapter 7046 to pay fees; or 
 18.6      G.  that with respect to the facility or activity to be 
 18.7   permitted, the proposed permittee has failed to pay a penalty 
 18.8   owed under Minnesota Statutes, section 116.072. 
 18.9      Sec. 3.  Minnesota Rules, part 7001.0180, is amended to 
 18.10  read: 
 18.11  7001.0180 JUSTIFICATION TO COMMENCE REVOCATION WITHOUT 
 18.12  REISSUANCE OF PERMIT. 
 18.13     The following constitute justification for the commissioner 
 18.14  to commence proceedings to revoke a permit without reissuance: 
 18.15     A.  existence at the permitted facility of unresolved 
 18.16  noncompliance with applicable state and federal pollution 
 18.17  statutes and rules or a condition of the permit, and refusal of 
 18.18  the permittee to undertake a schedule of compliance to resolve 
 18.19  the noncompliance; 
 18.20     B.  the permittee fails to disclose fully the facts 
 18.21  relevant to issuance of the permit or submits false or 
 18.22  misleading information to the agency or to the commissioner; 
 18.23     C.  the commissioner finds that the permitted facility or 
 18.24  activity endangers human health or the environment and that the 
 18.25  danger cannot be removed by a modification of the conditions of 
 18.26  the permit; 
 18.27     D.  the permittee has failed to comply with any requirement 
 18.28  under parts 7002.0210 to 7002.0310, 7002.0410 to 7002.0490, or 
 18.29  chapter 7046 to pay fees; or 
 18.30     E.  the permittee has failed to pay a penalty owed under 
 18.31  Minnesota Statutes, section 116.072. 
 18.32     Sec. 4.  Minnesota Rules, part 8130.3500, subpart 3, is 
 18.33  amended to read:  
 18.34     Subp. 3.  <h>Motor carrier direct pay certificate.</h>  A motor 
 18.35  carrier direct pay certificate will be issued to qualified 
 18.36  electing carriers by the commissioner of revenue and will be 
 19.1   effective as of the date shown on the certificate.  A facsimile 
 19.2   of the authorized motor carrier direct pay certificate is 
 19.3   reproduced at part 8130.9958.  
 19.4      Sec. 5.  Minnesota Rules, part 8130.6500, subpart 5, is 
 19.5   amended to read: 
 19.6      Subp. 5.  <h>Sale of aircraft.</h>  When the dealer sells the 
 19.7   aircraft, the selling price must be included in gross sales.  
 19.8   The fact that the aircraft commercial use permit has not expired 
 19.9   or that the dealer has reported and paid use tax on the aircraft 
 19.10  has no effect on the taxability of the sale.  The dealer must 
 19.11  return the aircraft commercial use permit (unless previously 
 19.12  returned) when the dealer files the sales and use tax return for 
 19.13  the month in which the sale was made.  No credit or refund is 
 19.14  given for the $20 fee originally paid. 
 19.15     A facsimile of the authorized aircraft commercial use 
 19.16  permit is reproduced at part 8130.9992. 
 19.17                             ARTICLE 5
 19.18                    ENVIRONMENTAL REORGANIZATION
 19.19     Section 1.  [FINDINGS.] 
 19.20     The legislature finds as follows:  the current assignment 
 19.21  of environmental and natural resources programs among many state 
 19.22  agencies creates confusion and frustration for citizens and 
 19.23  decision makers.  The environmental and natural resources 
 19.24  services provided by these programs can be better delivered by 
 19.25  reorganizing related functions so that citizens of Minnesota 
 19.26  have easier access to the programs.  Reorganization can provide 
 19.27  more responsiveness to citizens, will ensure less fragmentation 
 19.28  of environmental and natural resources policies, will minimize 
 19.29  overlapping responsibilities among agencies, and will ensure 
 19.30  better coordination of environmental and natural resources 
 19.31  policies. 
 19.32     Sec. 2.  [REORGANIZATION.] 
 19.33     Subdivision 1.  [GOALS.] The legislature finds that it is 
 19.34  desirable to develop a plan to reorganize state services 
 19.35  relating to the protection of the environment, protection of 
 19.36  farmland, and the management of natural resources to achieve the 
 20.1   following goals: 
 20.2      (1) sustainable development throughout all regions of the 
 20.3   state and all sectors of the economy; 
 20.4      (2) improved delivery of services; 
 20.5      (3) a preventative, precautionary approach to environmental 
 20.6   degradation; 
 20.7      (4) citizen participation in relevant decision-making 
 20.8   processes; and 
 20.9      (5) progressively less air, land, and water pollution. 
 20.10     Subd. 2.  [DEFINITION.] "Sustainable development" means 
 20.11  management and development of environmental resources to ensure 
 20.12  both sustainable human progress and environmental protection by 
 20.13  meeting the needs of the present without compromising the 
 20.14  ability of future generations to meet their own needs. 
 20.15     Sec. 3.  [OUTCOMES.] 
 20.16     A reorganization plan must show how state agencies can be 
 20.17  reorganized to achieve the following outcomes: 
 20.18     (1) consolidation, where appropriate, of many of the 
 20.19  state's diverse environmental and natural resource programs; 
 20.20     (2) better coordination of programs and activities relating 
 20.21  to environmental and natural resource matters; 
 20.22     (3) improved citizen access to pertinent, understandable 
 20.23  information; 
 20.24     (4) establishment of an expeditious review process for 
 20.25  agency actions; 
 20.26     (5) establishment of a policy planning framework for 
 20.27  sustainable development; 
 20.28     (6) integrated licensing and permitting through a single 
 20.29  access point; 
 20.30     (7) identification and review of specifications and 
 20.31  programs that should be eliminated or accomplished by different 
 20.32  means; 
 20.33     (8) decentralization of the service-delivery system for the 
 20.34  benefit of citizens of the state as consumers of services; 
 20.35     (9) management based on appropriate geographical natural 
 20.36  resource characteristics; 
 21.1      (10) development of the polluter-pays principle through a 
 21.2   balanced system of regulatory controls and financial incentives; 
 21.3   and 
 21.4      (11) the flexibility to enable state and local governments 
 21.5   to coordinate and cooperate as well as identify and address 
 21.6   existing and emerging environmental issues of state, national, 
 21.7   and international import. 
 21.8      Sec. 4.  [REORGANIZATION STUDY.] 
 21.9      Subdivision 1.  [GOVERNOR'S DESIGNEES.] Within 30 days of 
 21.10  the effective date of this section, the governor shall designate 
 21.11  a commissioner or group of commissioners to develop a plan to 
 21.12  reorganize state services relating to the protection of the 
 21.13  environment and the management of natural resources.  The 
 21.14  governor's designee or designees shall consult with legislators 
 21.15  designated by the legislative coordinating commission under 
 21.16  subdivision 2 in developing the plan. 
 21.17     Subd. 2.  [LEGISLATIVE DESIGNEES.] Within 30 days of the 
 21.18  effective date of this section, the legislative coordinating 
 21.19  commission shall designate a group of legislators to develop a 
 21.20  plan to reorganize state services relating to the protection of 
 21.21  the environment and the management of natural resources.  The 
 21.22  designees must include the chairs of the house and senate 
 21.23  committees on environment and natural resources, unless the 
 21.24  chairs decline.  The legislative designees shall consult with 
 21.25  the governor's designee or designees named under subdivision 1 
 21.26  in developing the plan. 
 21.27     Subd. 3.  [PUBLIC, STATE EMPLOYEE INPUT.] The designees of 
 21.28  the governor and the legislative coordinating commission may 
 21.29  appoint stakeholder advisory councils to facilitate public input 
 21.30  and state employee input on state services relating to the 
 21.31  protection of the environment and the management of natural 
 21.32  resources. 
 21.33     Subd. 4.  [ACTIVITIES.] (a) The designees named under 
 21.34  subdivisions 1 and 2 shall serve as partners in studying the 
 21.35  delivery of state services and the performance of state 
 21.36  functions and shall recommend changes that would achieve the 
 22.1   goals and outcomes outlined in sections 2 and 3.  These 
 22.2   recommendations must be submitted to the legislature by December 
 22.3   15, 1996. 
 22.4      (b) As part of their study, the designees shall examine 
 22.5   special purpose districts, including soil and water conservation 
 22.6   districts, watershed districts, lake improvement districts, lake 
 22.7   conservation districts, and water management organizations, and 
 22.8   shall recommend steps to eliminate overlapping jurisdictions, 
 22.9   duplicative responsibilities, and duplicative funding 
 22.10  mechanisms.  These recommendations must be submitted to the 
 22.11  legislature by December 15, 1995. 
 22.12     (c) As part of their study, the designees shall examine 
 22.13  boards, commissions, councils, and task forces, including the 
 22.14  office of environmental assistance and the board of water and 
 22.15  soil resources and other organizations and advisory bodies 
 22.16  providing or regulating state services relating to the 
 22.17  protection of the environment, protection of farmland, and the 
 22.18  management of natural resources, and shall recommend steps to 
 22.19  increase accountability and eliminate overlapping jurisdictions, 
 22.20  duplicative responsibilities and programs, and duplicative 
 22.21  funding mechanisms. 
 22.22                             ARTICLE 6
 22.23                           PUBLIC SERVICE
 22.24     Section 1.  [REGULATORY AND ADMINISTRATIVE STRUCTURE.] 
 22.25     By January 15, 1996, the commissioner of the department of 
 22.26  public service and the chair of the public utilities commission 
 22.27  shall jointly submit to the legislature a recommendation on the 
 22.28  desirability of restructuring the department and the commission, 
 22.29  including whether or not to have a unified structure.  The 
 22.30  recommendation must address the desirability and feasibility of: 
 22.31     (1) an administrative structure that would provide for the 
 22.32  greatest possible independence of the public utilities 
 22.33  commission in its exercise of quasi-judicial functions; 
 22.34     (2) guidelines that would prevent any employee engaged in 
 22.35  the performance of investigative or advocating functions for an 
 22.36  agency in a case before the commission from, in that case or a 
 23.1   factually related case, participating or advising in the 
 23.2   decision of the commission, except as a witness or counsel in 
 23.3   public proceedings; 
 23.4      (3) the assignment to the public utilities commission of 
 23.5   duties and responsibilities as are quasi-judicial in nature; 
 23.6      (4) the joint provision of, administrative and support 
 23.7   services including, at a minimum, personnel, purchasing, 
 23.8   budgeting, information systems, and similar services; 
 23.9      (5) a reduction in staffing levels, from the existing staff 
 23.10  of both the department and the commission, to achieve savings; 
 23.11     (6) changes in the statutory provisions, and recodification 
 23.12  of relevant provisions in Minnesota Statutes, chapter 216E, 
 23.13  regarding the department and the commission necessary to carry 
 23.14  out the policies of this article, including the identification 
 23.15  of obsolete, redundant, or unnecessary functions that are 
 23.16  currently required of the department or the commission; 
 23.17     (7) the appropriate number of commissioners on the public 
 23.18  utilities commission within a restructured organization; and 
 23.19     (8) the transfer of intervention staff to the attorney 
 23.20  general's office. 
 23.21                             ARTICLE 7
 23.22                  TRANSPORTATION REGULATION BOARD
 23.23     Section 1.  [STUDY OF BOARD POWERS, DUTIES, AND FUNCTIONS.] 
 23.24     Of the amount appropriated for fiscal year 1996 to the 
 23.25  transportation regulation board, $100,000 is for the board, in 
 23.26  cooperation with the commissioner of transportation, the center 
 23.27  for transportation studies, and the legislative auditor, to 
 23.28  conduct a study of the transfer of powers, duties, and functions 
 23.29  of the board to an appropriate agency.  The study must include 
 23.30  (1) which powers of the board should be eliminated, and (2) the 
 23.31  relocation to other agencies of those powers of the board that 
 23.32  should be retained.  In conducting the study, the board shall 
 23.33  establish and consult with an advisory committee that includes, 
 23.34  but is not limited to, representatives of for-hire and private 
 23.35  trucking, including household goods movers; representatives of 
 23.36  for-hire and private passenger carriers, including limousines 
 24.1   and personal transportation consumers; and members of 
 24.2   legislative committees and divisions that are responsible for 
 24.3   transportation policy or funding.  The board shall submit a 
 24.4   report on the study, including recommendations and draft 
 24.5   legislation, to the legislature by February 1, 1996. 
 24.6      Sec. 2.  [VACANCIES.] 
 24.7      Vacancies on the transportation regulation board may not be 
 24.8   filled after the effective date of this section.  Upon request 
 24.9   of the board, the chief administrative law judge of the office 
 24.10  of administrative hearings shall designate an administrative law 
 24.11  judge to serve as a temporary member of the board in regard to a 
 24.12  specific matter before the board. 
 24.13     Sec. 3.  [ABOLITION.] 
 24.14     The transportation regulation board is abolished July 1, 
 24.15  1996, provided that a law is enacted transferring the remaining 
 24.16  functions of the board. 
 24.17     Sec. 4.  [EFFECTIVE DATE.] 
 24.18     Section 2 is effective the day following final enactment. 
 24.19                             ARTICLE 8
 24.20                       LEGISLATIVE OVERSIGHT
 24.21     Section 1.  [ECONOMIC-ASSISTANCE AGENCY REVIEW.] 
 24.22     (a) The legislative coordinating commission or its designee 
 24.23  shall study the desirability and feasibility of merging or 
 24.24  otherwise reorganizing the department of trade and economic 
 24.25  development, the department of economic security, and other 
 24.26  agencies that provide assistance to businesses and promote the 
 24.27  economic development of the state.  In conducting its study, the 
 24.28  commission shall consider the principles on efficiency of state 
 24.29  agency operations set out in article 11.  The commission shall 
 24.30  report its findings and recommendations to the committee on 
 24.31  governmental operations of the house of representatives and the 
 24.32  committee on governmental operations and veterans of the senate 
 24.33  by February 1, 1996.  The commission is responsible for the 
 24.34  planning, coordination, and oversight of any subsequent 
 24.35  reorganization of agencies covered by its study and 
 24.36  recommendations. 
 25.1      (b) The legislative audit commission is asked to consider 
 25.2   directing the legislative auditor to: 
 25.3      (1) undertake a program evaluation of the economic recovery 
 25.4   grant program and other programs that provide state financial 
 25.5   assistance to businesses; and 
 25.6      (2) recommend criteria for grant eligibility and 
 25.7   performance measures for evaluating grant and loan programs. 
 25.8      (c) Notwithstanding Minnesota Statutes, sections 4.035 and 
 25.9   16B.37, no reorganization affecting the department of trade and 
 25.10  economic development, the department of economic security, or 
 25.11  other agencies that provide assistance to businesses or promote 
 25.12  the economic development of the state may be implemented until 
 25.13  the legislature has received and considered the report required 
 25.14  by paragraph (a) and any report issued in accordance with 
 25.15  paragraph (b). 
 25.16     Sec. 2.  [COOPERATION; STAFF ASSISTANCE.] 
 25.17     The committee on ways and means of the house of 
 25.18  representatives and the committee on governmental operations and 
 25.19  veterans of the senate shall, to the extent feasible, support 
 25.20  and supply staff assistance to the legislative coordinating 
 25.21  commission for the purpose of implementing section 1. 
 25.22                             ARTICLE 9
 25.23                  HIGHER EDUCATION SERVICES OFFICE
 25.24     Section 1.  [REPORTING.] 
 25.25     During the biennium ending June 30, 1997, the higher 
 25.26  education services office shall report at the end of each 
 25.27  quarter to the chairs of the house of representatives committee 
 25.28  on ways and means and the senate finance committee.  Each 
 25.29  quarterly report must provide detail on the office's expenditure 
 25.30  of funds for agency administration. 
 25.31     Each report must compare the number of employees needed to 
 25.32  carry out the office's agency administration functions to the 
 25.33  number needed to carry out those functions under the higher 
 25.34  education coordinating board in the preceding biennium. 
 25.35     At the end of each quarter, the commissioner of finance 
 25.36  shall estimate the amount of funds appropriated and available to 
 26.1   the office for agency administration, and the amount actually 
 26.2   spent during the quarter for agency administration.  The 
 26.3   commissioner shall transfer any excess funds, to be spent for 
 26.4   purposes of the work study program. 
 26.5                              ARTICLE 10
 26.6                   DEPARTMENT OF EMPLOYEE RELATIONS
 26.7      Section 1.  Minnesota Statutes 1994, section 13.67, is 
 26.8   amended to read: 
 26.9      13.67 [EMPLOYEE RELATIONS DATA.] 
 26.10     The following data collected, created, or maintained by the 
 26.11  department of employee relations are classified as nonpublic 
 26.12  data pursuant to section 13.02, subdivision 9:  
 26.13     (a) The commissioner's plan prepared by the department, 
 26.14  pursuant to section 3.855, which governs the compensation and 
 26.15  terms and conditions of employment for employees not covered by 
 26.16  collective bargaining agreements until the plan is submitted to 
 26.17  the legislative commission on employee relations; 
 26.18     (b) Data pertaining to grievance or interest arbitration 
 26.19  that has not been presented to the arbitrator or other party 
 26.20  during the arbitration process; 
 26.21     (c) Notes and preliminary drafts of reports prepared during 
 26.22  personnel investigations and personnel management reviews of 
 26.23  state departments and agencies; 
 26.24     (d) The managerial plan prepared by the department pursuant 
 26.25  to section 43A.18 that governs the compensation and terms and 
 26.26  conditions of employment for employees in managerial positions, 
 26.27  as specified in section 43A.18, subdivision 3, until the plan is 
 26.28  submitted to the legislative commission on employee relations; 
 26.29  and 
 26.30     (e) Claims experience and all related information received 
 26.31  from carriers and claims administrators participating in either 
 26.32  the state group insurance plan or the public employees insurance 
 26.33  plan program as defined in chapter 43A, and survey information 
 26.34  collected from employees and employers participating in these 
 26.35  plans and programs, except when the department determines that 
 26.36  release of the data will not be detrimental to the plan or 
 27.1   program. 
 27.2      Sec. 2.  Minnesota Statutes 1994, section 43A.04, 
 27.3   subdivision 1, is amended to read: 
 27.4      Subdivision 1.  [STATEWIDE LEADERSHIP.] (a) The 
 27.5   commissioner is the chief personnel and labor relations manager 
 27.6   of the civil service in the executive branch.  
 27.7      Whenever any power or responsibility is given to the 
 27.8   commissioner by any provision of Laws 1981, chapter 210, unless 
 27.9   otherwise expressly provided, the power or authority applies to 
 27.10  all employees of agencies in the executive branch and to 
 27.11  employees in classified positions in the office of the 
 27.12  legislative auditor, the Minnesota state retirement system, the 
 27.13  public employees retirement association, and the teacher's 
 27.14  retirement association.  Unless otherwise provided by law, the 
 27.15  power or authority does not apply to unclassified employees in 
 27.16  the legislative and judicial branches.  
 27.17     (b) The commissioner shall operate an information system 
 27.18  from which personnel data, as defined in section 13.43, 
 27.19  concerning employees and applicants for positions in the 
 27.20  classified service can be retrieved.  
 27.21     The commissioner has access to all public and private 
 27.22  personnel data kept by appointing authorities that will aid in 
 27.23  the discharge of the commissioner's duties.  
 27.24     (c) The commissioner may consider and investigate any 
 27.25  matters concerned with the administration of provisions of Laws 
 27.26  1981, chapter 210, and may order any remedial actions consistent 
 27.27  with law. 
 27.28     (d) The commissioner has sole authority to settle state 
 27.29  employee workers' compensation claims. 
 27.30     (e) The commissioner may assess or establish and collect 
 27.31  premiums from all state entities for to cover the costs of 
 27.32  programs under sections 15.46 and 176.603. 
 27.33     Sec. 3.  Minnesota Statutes 1994, section 43A.08, 
 27.34  subdivision 1, is amended to read: 
 27.35     Subdivision 1.  [UNCLASSIFIED POSITIONS.] Unclassified 
 27.36  positions are held by employees who are: 
 28.1      (1) chosen by election or appointed to fill an elective 
 28.2   office; 
 28.3      (2) heads of agencies required by law to be appointed by 
 28.4   the governor or other elective officers, and the executive or 
 28.5   administrative heads of departments, bureaus, divisions, and 
 28.6   institutions specifically established by law in the unclassified 
 28.7   service; 
 28.8      (3) deputy and assistant agency heads and one confidential 
 28.9   secretary in the agencies listed in subdivision 1a and in the 
 28.10  office of strategic and long-range planning; 
 28.11     (4) the confidential secretary to each of the elective 
 28.12  officers of this state and, for the secretary of state, state 
 28.13  auditor, and state treasurer, an additional deputy, clerk, or 
 28.14  employee; 
 28.15     (5) intermittent help employed by the commissioner of 
 28.16  public safety to assist in the issuance of vehicle licenses; 
 28.17     (6) employees in the offices of the governor and of the 
 28.18  lieutenant governor and one confidential employee for the 
 28.19  governor in the office of the adjutant general; 
 28.20     (7) employees of the Washington, D.C., office of the state 
 28.21  of Minnesota; 
 28.22     (8) employees of the legislature and of legislative 
 28.23  committees or commissions; provided that employees of the 
 28.24  legislative audit commission, except for the legislative 
 28.25  auditor, the deputy legislative auditors, and their confidential 
 28.26  secretaries, shall be employees in the classified service; 
 28.27     (9) presidents, vice-presidents, deans, other managers and 
 28.28  professionals in academic and academic support programs, 
 28.29  administrative or service faculty, teachers, research 
 28.30  assistants, and student employees eligible under terms of the 
 28.31  federal economic opportunity act work study program in the 
 28.32  school and resource center for the arts, state universities and 
 28.33  community colleges, and the higher education board, but not the 
 28.34  custodial, clerical, or maintenance employees, or any 
 28.35  professional or managerial employee performing duties in 
 28.36  connection with the business administration of these 
 29.1   institutions; 
 29.2      (10) officers and enlisted persons in the national guard; 
 29.3      (11) attorneys, legal assistants, and three confidential 
 29.4   employees appointed by the attorney general or employed with the 
 29.5   attorney general's authorization; 
 29.6      (12) judges and all employees of the judicial branch, 
 29.7   referees, receivers, jurors, and notaries public, except 
 29.8   referees and adjusters employed by the department of labor and 
 29.9   industry; 
 29.10     (13) members of the state patrol; provided that selection 
 29.11  and appointment of state patrol troopers must be made in 
 29.12  accordance with applicable laws governing the classified 
 29.13  service; 
 29.14     (14) chaplains employed by the state; 
 29.15     (15) examination monitors and intermittent training 
 29.16  instructors employed by the departments of employee relations 
 29.17  and commerce and by professional examining boards and 
 29.18  intermittent staff employed by the technical colleges for the 
 29.19  administration of practical skills tests and for the staging of 
 29.20  instructional demonstrations; 
 29.21     (16) student workers; 
 29.22     (17) executive directors or executive secretaries appointed 
 29.23  by and reporting to any policy-making board or commission 
 29.24  established by statute; 
 29.25     (18) employees unclassified pursuant to other statutory 
 29.26  authority; 
 29.27     (19) intermittent help employed by the commissioner of 
 29.28  agriculture to perform duties relating to pesticides, 
 29.29  fertilizer, and seed regulation; and 
 29.30     (20) the administrators and the deputy administrators at 
 29.31  the state academies for the deaf and the blind. 
 29.32     Sec. 4.  Minnesota Statutes 1994, section 43A.10, 
 29.33  subdivision 8, is amended to read: 
 29.34     Subd. 8.  [ELIGIBILITY FOR QUALIFIED DISABLED 
 29.35  EXAMINATIONS.] The commissioner shall establish examination 
 29.36  procedures for candidates whose disabilities are of such a 
 30.1   severe nature that the candidates are unable to demonstrate 
 30.2   their abilities in competitive examination processes.  The 
 30.3   examination procedures must consist of up to 700 hours 
 30.4   on-the-job trial work experience which will be in lieu of a 
 30.5   competitive examination and for which the disabled person has 
 30.6   the option of being paid or unpaid.  Up to three persons with 
 30.7   severe disabilities and their job coach may be allowed to 
 30.8   demonstrate their job competence as a unit through the 
 30.9   on-the-job trial work experience examination procedure.  This 
 30.10  work experience must be limited to candidates for appointment, 
 30.11  promotion, or transfer who have a physical or mental impairment 
 30.12  for which there is no reasonable accommodation in the 
 30.13  examination process.  Implementation of provisions of this 
 30.14  subdivision may not be deemed a violation of other provisions of 
 30.15  Laws 1981, chapter 210 or 363.  The commissioner shall establish 
 30.16  alternative examination methods to assess the qualifications of 
 30.17  applicants for a competitive open or competitive promotional 
 30.18  examination who have a disability that does not prevent 
 30.19  performance of the duties of the class but that cannot be 
 30.20  accommodated in the regular examination process.  Alternative 
 30.21  examination methods offered must allow candidates for 
 30.22  competitive open and competitive promotional exams to 
 30.23  demonstrate possession of the same knowledge, skills, and 
 30.24  abilities essential to satisfactory performance in the job class 
 30.25  without compromising inferences about other candidates' 
 30.26  qualifications. 
 30.27     Sec. 5.  Minnesota Statutes 1994, section 43A.13, 
 30.28  subdivision 6, is amended to read: 
 30.29     Subd. 6.  [QUALIFIED DISABLED.] For a position to be filled 
 30.30  by qualified disabled examination, The commissioner shall 
 30.31  certify only the one eligible who has successfully completed the 
 30.32  examination processes provided in section 43A.10, subdivision 8, 
 30.33  for the position refer all qualified disabled candidates with 
 30.34  eligibles from the competitive open or competitive promotional 
 30.35  list established from the same examination announcement. 
 30.36     Sec. 6.  Minnesota Statutes 1994, section 43A.15, is 
 31.1   amended by adding a subdivision to read: 
 31.2      Subd. 14.  [ON-THE-JOB DEMONSTRATION EXAMINATION AND 
 31.3   APPOINTMENT.] The commissioner shall establish qualifying 
 31.4   procedures for candidates whose disabilities are of such a 
 31.5   severe nature that the candidates are unable to demonstrate 
 31.6   their abilities in competitive and qualified disabled 
 31.7   examination processes.  The qualifying procedures must consist 
 31.8   of up to 700 hours on-the-job trial work experience which will 
 31.9   be in lieu of a competitive examination and for which the 
 31.10  disabled person has the option of being paid or unpaid.  Up to 
 31.11  three persons with severe disabilities and their job coach may 
 31.12  be allowed to demonstrate their job competence as a unit through 
 31.13  the on-the-job trial work experience examination procedure.  
 31.14  This work experience must be limited to candidates for 
 31.15  appointment, promotion, or transfer for which there is no 
 31.16  reasonable accommodation in the examination process. 
 31.17     The commissioner may authorize the probationary appointment 
 31.18  of a candidate based on the request of the appointing authority 
 31.19  that documents that the candidate has successfully demonstrated 
 31.20  qualifications for the position through completion of an 
 31.21  on-the-job trial work experience.  The implementation of this 
 31.22  subdivision may not be deemed a violation of chapter 43A or 363. 
 31.23     Sec. 7.  Minnesota Statutes 1994, section 43A.19, 
 31.24  subdivision 1, is amended to read: 
 31.25     Subdivision 1.  [STATEWIDE AFFIRMATIVE ACTION PROGRAM.] (a) 
 31.26  To assure that positions in the executive branch of the civil 
 31.27  service are equally accessible to all qualified persons, and to 
 31.28  eliminate the underutilization of qualified members of protected 
 31.29  groups, the commissioner shall adopt and periodically revise, if 
 31.30  necessary, a statewide affirmative action program.  The 
 31.31  statewide affirmative action program must consist of at least 
 31.32  the following: 
 31.33     (1) objectives, goals, and policies; 
 31.34     (2) procedures, standards, and assumptions to be used by 
 31.35  agencies in the preparation of agency affirmative action plans, 
 31.36  including methods by which goals and timetables are established; 
 32.1   and 
 32.2      (3) the analysis of separation patterns to determine the 
 32.3   impact on protected group members; and 
 32.4      (3) (4) requirements for annual objectives and submission 
 32.5   of affirmative action progress reports from heads of agencies. 
 32.6      (b) The commissioner shall base affirmative action goals on 
 32.7   at least the following factors: 
 32.8      (1) the percentage of members of each protected class in 
 32.9   the recruiting area population who have the necessary skills; 
 32.10     (2) the availability for promotion or transfer of members 
 32.11  of protected classes in the recruiting area population; 
 32.12     (3) the extent of unemployment of members of protected 
 32.13  classes in the recruiting area population; 
 32.14     (4) the existence of training programs in needed skill 
 32.15  areas offered by employing agencies and other institutions; and 
 32.16     (5) the expected number of available positions to be filled.
 32.17     (c) The commissioner shall designate a state director 
 32.18  of diversity and equal employment opportunity who may be 
 32.19  delegated the preparation, revision, implementation, and 
 32.20  administration of the program.  The commissioner of employee 
 32.21  relations may place the director's position in the unclassified 
 32.22  service if the position meets the criteria established in 
 32.23  section 43A.08, subdivision 1a. 
 32.24     Sec. 8.  Minnesota Statutes 1994, section 43A.191, 
 32.25  subdivision 1, is amended to read: 
 32.26     Subdivision 1.  [AFFIRMATIVE ACTION OFFICERS.] (a) Each 
 32.27  agency with an approved complement over 1,000 employees or more 
 32.28  shall have at least one full-time affirmative action officer, 
 32.29  who shall have primary responsibility for developing and 
 32.30  maintaining the agency's affirmative action plan.  The officer 
 32.31  shall devote full time to affirmative action activities.  The 
 32.32  affirmative action officer shall report administratively and on 
 32.33  policy issues directly to the agency head. 
 32.34     (b) The commissioner agency heads shall assign affirmative 
 32.35  action officers or designees for agencies with approved 
 32.36  complements of less fewer than 1,000 employees.  The designees 
 33.1   shall report administratively and on policy issues directly to 
 33.2   the agency head. 
 33.3      (c) An agency may not use authority under section 43A.08, 
 33.4   subdivision 1a, to place the position of an agency affirmative 
 33.5   action officer or designee in the unclassified service. 
 33.6      Sec. 9.  Minnesota Statutes 1994, section 43A.191, 
 33.7   subdivision 2, is amended to read: 
 33.8      Subd. 2.  [AGENCY AFFIRMATIVE ACTION PLANS.] (a) The head 
 33.9   of each agency in the executive branch shall prepare and 
 33.10  implement an agency affirmative action plan consistent with this 
 33.11  section and rules issued under section 43A.04, subdivision 3. 
 33.12     (b) The agency plan must include a plan for the provision 
 33.13  of reasonable accommodation in the hiring and promotion of 
 33.14  qualified disabled persons.  The reasonable accommodation plan 
 33.15  must consist of at least the following: 
 33.16     (1) procedures for compliance with section 363.03 and, 
 33.17  where appropriate, regulations implementing United States Code, 
 33.18  title 29, section 794, as amended through December 31, 1984, 
 33.19  which is section 504 of the Rehabilitation Act of 1973, as 
 33.20  amended and the Americans with Disabilities Act, United States 
 33.21  Code, title 42, sections 101 to 108, 201 to 231, 241 to 246, 
 33.22  401, 402, and 501 to 514; 
 33.23     (2) methods and procedures for providing reasonable 
 33.24  accommodation for disabled job applicants, current employees, 
 33.25  and employees seeking promotion; and 
 33.26     (3) provisions for funding reasonable accommodations. 
 33.27     (c) The agency plan must be prepared by the agency head 
 33.28  with the assistance of the agency affirmative action officer and 
 33.29  the director of diversity and equal employment opportunity.  The 
 33.30  council on disability shall provide assistance with the agency 
 33.31  reasonable accommodation plan. 
 33.32     (d) The agency plan must identify, annually, any positions 
 33.33  in the agency that can be used for supported employment as 
 33.34  defined in section 268A.01, subdivision 13, of persons with 
 33.35  severe disabilities.  The agency shall report this information 
 33.36  to the commissioner.  An agency that hires more than one 
 34.1   supported worker in the identified positions must receive 
 34.2   recognition for each supported worker toward meeting the 
 34.3   agency's affirmative action goals and objectives. 
 34.4      (e) An agency affirmative action plan may not be 
 34.5   implemented without the commissioner's approval. 
 34.6      Sec. 10.  Minnesota Statutes 1994, section 43A.191, 
 34.7   subdivision 3, is amended to read: 
 34.8      Subd. 3.  [AUDITS; SANCTIONS AND INCENTIVES.] (a) The 
 34.9   director of equal employment opportunity shall annually audit 
 34.10  the record of each agency to determine the rate of compliance 
 34.11  with annual hiring goals of each goal unit and to evaluate the 
 34.12  agency's overall progress toward its affirmative action goals 
 34.13  and objectives.  The commissioner shall annually audit the 
 34.14  record of each agency to determine the rate of compliance with 
 34.15  affirmative action requirements. 
 34.16     (b) By March 1 of each odd-numbered year, the commissioner 
 34.17  shall submit a report on affirmative action progress of each 
 34.18  agency and the state as a whole to the governor and to the 
 34.19  finance committee of the senate, the appropriations committee of 
 34.20  the house of representatives, the governmental operations 
 34.21  committees of both houses of the legislature, and the 
 34.22  legislative commission on employee relations.  The report must 
 34.23  include noncompetitive appointments made under section 43A.08, 
 34.24  subdivision 2a, or 43A.15, subdivisions 3 to 13, and cover each 
 34.25  agency's rate of compliance with annual hiring goals affirmative 
 34.26  action requirements.  In addition, any agency that has not met 
 34.27  its affirmative action hiring goals, that fails to make an 
 34.28  affirmative action hire, or fails to justify its nonaffirmative 
 34.29  action hire in 25 percent or more of the appointments made in 
 34.30  the previous calendar year must be designated in the report as 
 34.31  an agency not in compliance with affirmative action requirements.
 34.32     (c) The commissioner shall study methods to improve the 
 34.33  performance of agencies not in compliance with affirmative 
 34.34  action requirements. 
 34.35     (d) The commissioner shall establish a program to recognize 
 34.36  agencies that have made significant and measurable progress 
 35.1   toward achieving affirmative action objectives. 
 35.2      (c) An agency that does not meet its hiring goals must 
 35.3   justify its nonaffirmative action hires in competitive and 
 35.4   noncompetitive appointments according to criteria issued by the 
 35.5   department of employee relations.  "Missed opportunity" includes 
 35.6   failure to justify a nonaffirmative action hire.  An agency must 
 35.7   have 25 percent or less missed opportunities in competitive 
 35.8   appointments and 25 percent or less missed opportunities in 
 35.9   appointments made under sections 43A.08, subdivisions 1, clauses 
 35.10  (9), (11), and (16); and 2a; and 43A.15, subdivisions 3, 10, 12, 
 35.11  and 13.  In addition, an agency shall: 
 35.12     (1) demonstrate a good faith effort to recruit protected 
 35.13  group members by following an active recruitment plan; 
 35.14     (2) implement a coordinated retention plan; and 
 35.15     (3) have an established complaint resolution procedure. 
 35.16     (d) The commissioner shall develop reporting standards and 
 35.17  procedures for measuring compliance. 
 35.18     (e) An agency is encouraged to develop other innovative 
 35.19  ways to promote awareness, acceptance, and appreciation for 
 35.20  diversity and affirmative action.  These innovations will be 
 35.21  considered when evaluating an agency's compliance with this 
 35.22  section. 
 35.23     (f) An agency not in compliance with affirmative action 
 35.24  requirements of this section must identify methods and programs 
 35.25  to improve performance, to reallocate resources internally in 
 35.26  order to increase support for affirmative action programs, and 
 35.27  to submit program and resource reallocation proposals to the 
 35.28  commissioner for approval.  An agency must submit these 
 35.29  proposals within 120 days of being notified by the commissioner 
 35.30  that it is out of compliance with affirmative action 
 35.31  requirements.  The commissioner shall monitor quarterly the 
 35.32  affirmative action programs of an agency found to be out of 
 35.33  compliance. 
 35.34     (g) The commissioner shall establish a program to recognize 
 35.35  an agency that has made significant and measurable progress in 
 35.36  implementing an affirmative action plan. 
 36.1      Sec. 11.  Minnesota Statutes 1994, section 43A.24, 
 36.2   subdivision 2, is amended to read: 
 36.3      Subd. 2.  [OTHER ELIGIBLE PERSONS.] The following persons 
 36.4   are eligible for state paid life insurance and hospital, 
 36.5   medical, and dental benefits as determined in applicable 
 36.6   collective bargaining agreements or by the commissioner or by 
 36.7   plans pursuant to section 43A.18, subdivision 6, or by the board 
 36.8   of regents for employees of the University of Minnesota not 
 36.9   covered by collective bargaining agreements.  Coverages made 
 36.10  available, including optional coverages, are as contained in the 
 36.11  plan established pursuant to section 43A.18, subdivision 2: 
 36.12     (a) a member of the state legislature, provided that 
 36.13  changes in benefits resulting in increased costs to the state 
 36.14  shall not be effective until expiration of the term of the 
 36.15  members of the existing house of representatives.  An eligible 
 36.16  member of the state legislature may decline to be enrolled for 
 36.17  state paid coverages by filing a written waiver with the 
 36.18  commissioner.  The waiver shall not prohibit the member from 
 36.19  enrolling the member or dependents for optional coverages, 
 36.20  without cost to the state, as provided for in section 43A.26.  A 
 36.21  member of the state legislature who returns from a leave of 
 36.22  absence to a position previously occupied in the civil service 
 36.23  shall be eligible to receive the life insurance and hospital, 
 36.24  medical, and dental benefits to which the position is entitled; 
 36.25     (b) a permanent employee of the legislature or a permanent 
 36.26  employee of a permanent study or interim committee or commission 
 36.27  or a state employee on leave of absence to work for the 
 36.28  legislature, during a regular or special legislative session; 
 36.29     (c) a judge of the appellate courts or an officer or 
 36.30  employee of these courts; a judge of the district court, a judge 
 36.31  of county court, a judge of county municipal court, or a judge 
 36.32  of probate court; a district court referee, judicial officer, 
 36.33  court reporter, or law clerk; a district administrator; an 
 36.34  employee of the office of the district administrator that is not 
 36.35  in the second or fourth judicial district; a court administrator 
 36.36  or employee of the court administrator in the eighth judicial 
 37.1   district, and a guardian ad litem program administrator in the 
 37.2   eighth judicial district; 
 37.3      (d) a salaried employee of the public employees retirement 
 37.4   association; 
 37.5      (e) a full-time military or civilian officer or employee in 
 37.6   the unclassified service of the department of military affairs 
 37.7   whose salary is paid from state funds; 
 37.8      (f) a salaried employee of the Minnesota historical 
 37.9   society, whether paid from state funds or otherwise, who is not 
 37.10  a member of the governing board; 
 37.11     (g) an employee of the regents of the University of 
 37.12  Minnesota; 
 37.13     (h) notwithstanding section 43A.27, subdivision 3, an 
 37.14  employee of the state of Minnesota or the regents of the 
 37.15  University of Minnesota who is at least 60 and not yet 65 years 
 37.16  of age on July 1, 1982, who is otherwise eligible for employee 
 37.17  and dependent insurance and benefits pursuant to section 43A.18 
 37.18  or other law, who has at least 20 years of service and retires, 
 37.19  earlier than required, within 60 days of March 23, 1982; or an 
 37.20  employee who is at least 60 and not yet 65 years of age on July 
 37.21  1, 1982, who has at least 20 years of state service and retires, 
 37.22  earlier than required, from employment at Rochester state 
 37.23  hospital after July 1, 1981; or an employee who is at least 55 
 37.24  and not yet 65 years of age on July 1, 1982, and is covered by 
 37.25  the Minnesota state retirement system correctional employee 
 37.26  retirement plan or the state patrol retirement fund, who has at 
 37.27  least 20 years of state service and retires, earlier than 
 37.28  required, within 60 days of March 23, 1982.  For purposes of 
 37.29  this clause, a person retires when the person terminates active 
 37.30  employment in state or University of Minnesota service and 
 37.31  applies for a retirement annuity.  Eligibility shall cease when 
 37.32  the retired employee attains the age of 65, or when the employee 
 37.33  chooses not to receive the annuity that the employee has applied 
 37.34  for.  The retired employee shall be eligible for coverages to 
 37.35  which the employee was entitled at the time of retirement, 
 37.36  subject to any changes in coverage through collective bargaining 
 38.1   or plans established pursuant to section 43A.18, for employees 
 38.2   in positions equivalent to that from which retired, provided 
 38.3   that the retired employee shall not be eligible for state-paid 
 38.4   life insurance.  Coverages shall be coordinated with relevant 
 38.5   health insurance benefits provided through the federally 
 38.6   sponsored Medicare program; 
 38.7      (i) an employee of an agency of the state of Minnesota 
 38.8   identified through the process provided in this paragraph who is 
 38.9   eligible to retire prior to age 65.  The commissioner and the 
 38.10  exclusive representative of state employees shall enter into 
 38.11  agreements under section 179A.22 to identify employees whose 
 38.12  positions are in programs that are being permanently eliminated 
 38.13  or reduced due to federal or state policies or practices.  
 38.14  Failure to reach agreement identifying these employees is not 
 38.15  subject to impasse procedures provided in chapter 179A.  The 
 38.16  commissioner must prepare a plan identifying eligible employees 
 38.17  not covered by a collective bargaining agreement in accordance 
 38.18  with the process outlined in section 43A.18, subdivisions 2 and 
 38.19  3.  For purposes of this paragraph, a person retires when the 
 38.20  person terminates active employment in state service and applies 
 38.21  for a retirement annuity.  Eligibility ends as provided in the 
 38.22  agreement or plan, but must cease at the end of the month in 
 38.23  which the retired employee chooses not to receive an annuity, or 
 38.24  the employee is eligible for employer-paid health insurance from 
 38.25  a new employer.  The retired employees shall be eligible for 
 38.26  coverages to which they were entitled at the time of retirement, 
 38.27  subject to any changes in coverage through collective bargaining 
 38.28  or plans established under section 43A.18 for employees in 
 38.29  positions equivalent to that from which they retired, provided 
 38.30  that the retired employees shall not be eligible for state-paid 
 38.31  life insurance; and 
 38.32     (j) employees of the state public defender's office, and 
 38.33  district public defenders and their employees other than in the 
 38.34  second and fourth judicial districts, with eligibility 
 38.35  determined by the state board of public defense in consultation 
 38.36  with the commissioner of employee relations; and 
 39.1      (k) employees of the data institute under section 62J.45, 
 39.2   subdivision 8, as paid for by the data institute. 
 39.3      Sec. 12.  Minnesota Statutes 1994, section 43A.27, 
 39.4   subdivision 3, is amended to read: 
 39.5      Subd. 3.  [RETIRED EMPLOYEES.] A retired employee of the 
 39.6   state or an organization listed in subdivision 2 or section 
 39.7   43A.24, subdivision 2, who receives, at separation of service: 
 39.8      (1) is immediately eligible to receive an annuity under a 
 39.9   state retirement program sponsored by the state or such 
 39.10  organization of the state and immediately meets the age and 
 39.11  service requirements in section 352.115, subdivision 1; and 
 39.12     (2) has five years of service or meets the service 
 39.13  requirement of the collective bargaining agreement or plan, 
 39.14  whichever is greater; 
 39.15  may elect to purchase at personal expense individual and 
 39.16  dependent hospital, medical, and dental coverages that are.  The 
 39.17  commissioner shall offer at least one plan which is actuarially 
 39.18  equivalent to those made available through collective bargaining 
 39.19  agreements or plans established pursuant to section 43A.18 to 
 39.20  employees in positions equivalent to that from which retired.  A 
 39.21  spouse of a deceased retired employee who received an annuity 
 39.22  under a state retirement program may purchase the coverage 
 39.23  listed in this subdivision if the spouse was a dependent under 
 39.24  the retired employee's coverage at the time of the employee's 
 39.25  death.  Coverages must be coordinated with relevant health 
 39.26  insurance benefits provided through the federally sponsored 
 39.27  Medicare program.  Until the retired employee reaches age 65, 
 39.28  the retired employee and dependents must be pooled in the same 
 39.29  group as active employees for purposes of establishing premiums 
 39.30  and coverage for hospital, medical, and dental insurance.  
 39.31  Coverage for retired employees and their dependents may not 
 39.32  discriminate on the basis of evidence of insurability or 
 39.33  preexisting conditions unless identical conditions are imposed 
 39.34  on active employees in the group that the employee left.  
 39.35  Appointing authorities shall provide notice to employees no 
 39.36  later than the effective date of their retirement of the right 
 40.1   to exercise the option provided in this subdivision.  The 
 40.2   retired employee must notify the commissioner or designee of the 
 40.3   commissioner within 30 days after the effective date of the 
 40.4   retirement of intent to exercise this option. 
 40.5      Sec. 13.  Minnesota Statutes 1994, section 43A.316, is 
 40.6   amended to read: 
 40.7      43A.316 [PUBLIC EMPLOYEES INSURANCE PLAN PROGRAM.] 
 40.8      Subdivision 1.  [INTENT.] The legislature finds that the 
 40.9   creation of a statewide plan program to provide public employees 
 40.10  and other eligible persons with life insurance and hospital, 
 40.11  medical, and dental benefit coverage through provider 
 40.12  organizations would result in a greater utilization of 
 40.13  government resources and would advance the health and welfare of 
 40.14  the citizens of the state.  
 40.15     Subd. 2.  [DEFINITIONS.] For the purpose of this section, 
 40.16  the terms defined in this subdivision have the meaning given 
 40.17  them.  
 40.18     (a) [COMMISSIONER.] "Commissioner" means the commissioner 
 40.19  of employee relations.  
 40.20     (b) [EMPLOYEE.] "Employee" means: 
 40.21     (1) a person who is a public employee within the definition 
 40.22  of section 179A.03, subdivision 14, who is insurance eligible 
 40.23  and is employed by an eligible employer; 
 40.24     (2) an elected public official of an eligible employer who 
 40.25  is insurance eligible; or 
 40.26     (3) a person employed by a labor organization or employee 
 40.27  association certified as an exclusive representative of 
 40.28  employees of an eligible employer or by another public employer 
 40.29  approved by the commissioner, so long as the plan meets the 
 40.30  requirements of a governmental plan under United States Code, 
 40.31  title 29, section 1002(32).  
 40.32     (c) [ELIGIBLE EMPLOYER.] "Eligible employer" means: 
 40.33     (1) a public employer within the definition of section 
 40.34  179A.03, subdivision 15, that is a town, county, city, school 
 40.35  district as defined in section 120.02, educational cooperative 
 40.36  service unit as defined in section 123.58, intermediate district 
 41.1   as defined in section 136C.02, subdivision 7, cooperative center 
 41.2   for vocational education as defined in section 123.351, regional 
 41.3   management information center as defined in section 121.935, or 
 41.4   an education unit organized under the joint powers action, 
 41.5   section 471.59; or 
 41.6      (2) an exclusive representative of employees, as defined in 
 41.7   paragraph (b); or 
 41.8      (3) another public employer approved by the commissioner. 
 41.9      (d) [EXCLUSIVE REPRESENTATIVE.] "Exclusive representative" 
 41.10  means an exclusive representative as defined in section 179A.03, 
 41.11  subdivision 8.  
 41.12     (e) [LABOR-MANAGEMENT COMMITTEE.] "Labor-management 
 41.13  committee" means the committee established by subdivision 4.  
 41.14     (f) [PLAN PROGRAM.] "Plan Program" means the statewide 
 41.15  public employees insurance plan program created by subdivision 3.
 41.16     Subd. 3.  [PUBLIC EMPLOYEE INSURANCE PLAN PROGRAM.] The 
 41.17  commissioner shall be the administrator of the public employee 
 41.18  insurance plan program and may determine its funding 
 41.19  arrangements.  The commissioner shall model the plan program 
 41.20  after the plan established in section 43A.18, subdivision 2, but 
 41.21  may modify that plan, in consultation with the labor-management 
 41.22  committee.  
 41.23     Subd. 4.  [LABOR-MANAGEMENT COMMITTEE.] The 
 41.24  labor-management committee consists of ten members appointed by 
 41.25  the commissioner.  The labor-management committee must comprise 
 41.26  five members who represent employees, including at least one 
 41.27  retired employee, and five members who represent eligible 
 41.28  employers.  Committee members are eligible for expense 
 41.29  reimbursement in the same manner and amount as authorized by the 
 41.30  commissioner's plan adopted under section 43A.18, subdivision 
 41.31  2.  The commissioner shall consult with the labor-management 
 41.32  committee in major decisions that affect the plan program.  The 
 41.33  committee shall study issues relating to the insurance plan 
 41.34  program including, but not limited to, flexible benefits, 
 41.35  utilization review, quality assessment, and cost efficiency.  
 41.36     Subd. 5.  [PUBLIC EMPLOYEE PARTICIPATION.] (a) 
 42.1   Participation in the plan program is subject to the conditions 
 42.2   in this subdivision.  
 42.3      (b) Each exclusive representative for an eligible employer 
 42.4   determines whether the employees it represents will participate 
 42.5   in the plan program.  The exclusive representative shall give 
 42.6   the employer notice of intent to participate at least 90 30 days 
 42.7   before the expiration date of the collective bargaining 
 42.8   agreement preceding the collective bargaining agreement that 
 42.9   covers the date of entry into the plan program.  The exclusive 
 42.10  representative and the eligible employer shall give notice to 
 42.11  the commissioner of the determination to participate in the plan 
 42.12  program at least 90 30 days before entry into the plan 
 42.13  program.  Entry into the plan program is governed by a schedule 
 42.14  established by the commissioner. 
 42.15     (c) Employees not represented by exclusive representatives 
 42.16  may become members of the plan program upon a determination of 
 42.17  an eligible employer to include these employees in the plan 
 42.18  program.  Either all or none of the employer's unrepresented 
 42.19  employees must participate.  The eligible employer shall give at 
 42.20  least 90 30 days' notice to the commissioner before entering the 
 42.21  plan program.  Entry into the plan program is governed by a 
 42.22  schedule established by the commissioner.  
 42.23     (d) Participation in the plan program is for a two-year 
 42.24  term.  Participation is automatically renewed for an additional 
 42.25  two-year term unless the exclusive representative, or the 
 42.26  employer for unrepresented employees, gives the commissioner 
 42.27  notice of withdrawal at least 90 30 days before expiration of 
 42.28  the participation period.  A group that withdraws must wait two 
 42.29  years before rejoining.  An exclusive representative, or 
 42.30  employer for unrepresented employees, may also withdraw if 
 42.31  premiums increase 50 percent or more from one insurance year to 
 42.32  the next. 
 42.33     (e) The exclusive representative shall give the employer 
 42.34  notice of intent to withdraw to the commissioner at least 90 30 
 42.35  days before the expiration date of a collective bargaining 
 42.36  agreement that includes the date on which the term of 
 43.1   participation expires. 
 43.2      (f) Each participating eligible employer shall notify the 
 43.3   commissioner of names of individuals who will be participating 
 43.4   within two weeks of the commissioner receiving notice of the 
 43.5   parties' intent to participate.  The employer shall also submit 
 43.6   other information as required by the commissioner for 
 43.7   administration of the plan program.  
 43.8      Subd. 6.  [COVERAGE.] (a) By January 1, 1989, the 
 43.9   commissioner shall announce the benefits of the plan program.  
 43.10  The plan program shall include employee hospital, medical, 
 43.11  dental, and life insurance for employees and hospital and 
 43.12  medical benefits for dependents.  Health maintenance 
 43.13  organization options and other delivery system options may be 
 43.14  provided if they are available, cost-effective, and capable of 
 43.15  servicing the number of people covered in the plan program.  
 43.16  Participation in optional coverages may be provided by 
 43.17  collective bargaining agreements.  For employees not represented 
 43.18  by an exclusive representative, the employer may offer the 
 43.19  optional coverages to eligible employees and their dependents 
 43.20  provided in the plan program. 
 43.21     (b) The commissioner, with the assistance of the 
 43.22  labor-management committee, shall periodically assess whether it 
 43.23  is financially feasible for the plan program to offer or to 
 43.24  continue an individual retiree program that has competitive 
 43.25  premium rates and benefits.  If the commissioner determines it 
 43.26  to be feasible to offer an individual retiree program, the 
 43.27  commissioner shall announce the applicable benefits, premium 
 43.28  rates, and terms of participation.  Eligibility to participate 
 43.29  in the individual retiree program is governed by subdivision 8, 
 43.30  but applies to retirees of eligible employers that do not 
 43.31  participate in the plan program and to those retirees' 
 43.32  dependents and surviving spouses. 
 43.33     Subd. 6a.  [CHIROPRACTIC SERVICES.] All benefits provided 
 43.34  by the plan program or a successor plan program relating to 
 43.35  expenses incurred for medical treatment or services of a 
 43.36  physician must also include chiropractic treatment and services 
 44.1   of a chiropractor to the extent that the chiropractic services 
 44.2   and treatment are within the scope of chiropractic licensure. 
 44.3      This subdivision is intended to provide equal access to 
 44.4   benefits for plan program members who choose to obtain treatment 
 44.5   for illness or injury from a doctor of chiropractic, as long as 
 44.6   the treatment falls within the chiropractor's scope of practice. 
 44.7   This subdivision is not intended to change or add to the 
 44.8   benefits provided for in the plan program. 
 44.9      Subd. 7.  [PREMIUMS.] The proportion of premium paid by the 
 44.10  employer and employee is subject to collective bargaining or 
 44.11  personnel policies.  If, at the beginning of the coverage 
 44.12  period, no collective bargaining agreement has been finalized, 
 44.13  the increased dollar costs, if any, from the previous year is 
 44.14  the sole responsibility of the individual participant until a 
 44.15  collective bargaining agreement states otherwise.  Premiums, 
 44.16  including an administration fee, shall be established by the 
 44.17  commissioner.  Each employer shall pay monthly the amounts due 
 44.18  for employee benefits including the amounts under subdivision 8 
 44.19  to the commissioner no later than the dates established by the 
 44.20  commissioner.  If an employer fails to make the payments as 
 44.21  required, the commissioner may cancel plan program benefits and 
 44.22  pursue other civil remedies.  
 44.23     Subd. 8.  [CONTINUATION OF COVERAGE.] (a) A former employee 
 44.24  of an employer participating in the plan program who is 
 44.25  receiving a public pension disability benefit or an annuity or 
 44.26  has met the age and service requirements necessary to receive an 
 44.27  annuity under chapter 353, 353C, 354, 354A, 356, 422A, 423, 
 44.28  423A, or 424, and the former employee's dependents, are eligible 
 44.29  to participate in the plan program.  This participation is at 
 44.30  the person's expense unless a collective bargaining agreement or 
 44.31  personnel policy provides otherwise.  Premiums for these 
 44.32  participants must be established by the commissioner.  
 44.33     The commissioner may provide policy exclusions for 
 44.34  preexisting conditions only when there is a break in coverage 
 44.35  between a participant's coverage under the employment-based 
 44.36  group insurance plan program and the participant's coverage 
 45.1   under this section.  An employer shall notify an employee of the 
 45.2   option to participate under this paragraph no later than the 
 45.3   effective date of retirement.  The retired employee or the 
 45.4   employer of a participating group on behalf of a current or 
 45.5   retired employee shall notify the commissioner within 30 days of 
 45.6   the effective date of retirement of intent to participate in the 
 45.7   plan program according to the rules established by the 
 45.8   commissioner. 
 45.9      (b) The spouse of a deceased employee or former employee 
 45.10  may purchase the benefits provided at premiums established by 
 45.11  the commissioner if the spouse was a dependent under the 
 45.12  employee's or former employee's coverage under this section at 
 45.13  the time of the death.  The spouse remains eligible to 
 45.14  participate in the plan program as long as the group that 
 45.15  included the deceased employee or former employee participates 
 45.16  in the plan program.  Coverage under this clause must be 
 45.17  coordinated with relevant insurance benefits provided through 
 45.18  the federally sponsored Medicare program.  
 45.19     (c) The plan program benefits must continue in the event of 
 45.20  strike permitted by section 179A.18, if the exclusive 
 45.21  representative chooses to have coverage continue and the 
 45.22  employee pays the total monthly premiums when due.  
 45.23     (d) A participant who discontinues coverage may not 
 45.24  reenroll. 
 45.25     Persons participating under these paragraphs shall make 
 45.26  appropriate premium payments in the time and manner established 
 45.27  by the commissioner. 
 45.28     Subd. 9.  [INSURANCE TRUST FUND.] The insurance trust fund 
 45.29  in the state treasury consists of deposits of the premiums 
 45.30  received from employers participating in the plan program and 
 45.31  transfers before July 1, 1994, from the excess contributions 
 45.32  holding account established by section 353.65, subdivision 7.  
 45.33  All money in the fund is appropriated to the commissioner to pay 
 45.34  insurance premiums, approved claims, refunds, administrative 
 45.35  costs, and other related service costs.  Premiums paid by 
 45.36  employers to the fund are exempt from the tax imposed by 
 46.1   sections 60A.15 and 60A.198.  The commissioner shall reserve an 
 46.2   amount of money to cover the estimated costs of claims incurred 
 46.3   but unpaid.  The state board of investment shall invest the 
 46.4   money according to section 11A.24.  Investment income and losses 
 46.5   attributable to the fund must be credited to the fund. 
 46.6      Subd. 10.  [EXEMPTION.] The public employee insurance 
 46.7   plan program and, where applicable, the employers participating 
 46.8   in it are exempt from chapters 60A, 62A, 62C, 62D, 62E, and 62H, 
 46.9   section 471.617, subdivisions 2 and 3, and the bidding 
 46.10  requirements of section 471.6161. 
 46.11     Sec. 14.  Minnesota Statutes 1994, section 43A.317, 
 46.12  subdivision 5, is amended to read: 
 46.13     Subd. 5.  [EMPLOYER ELIGIBILITY.] (a) [PROCEDURES.] All 
 46.14  employers are eligible for coverage through the program subject 
 46.15  to the terms of this subdivision.  The commissioner shall 
 46.16  establish procedures for an employer to apply for coverage 
 46.17  through the program. 
 46.18     (b) [TERM.] The initial term of an employer's coverage will 
 46.19  may be for up to two years from the effective date of the 
 46.20  employer's application.  After that, coverage will be 
 46.21  automatically renewed for an additional two-year terms term 
 46.22  unless the employer gives notice of withdrawal from the program 
 46.23  according to procedures established by the commissioner or the 
 46.24  commissioner gives notice to the employer of the discontinuance 
 46.25  of the program.  The commissioner may establish conditions under 
 46.26  which an employer may withdraw from the program prior to the 
 46.27  expiration of a two-year term, including by reason of a midyear 
 46.28  an increase in health coverage premiums of 50 percent or 
 46.29  more from one insurance year to the next.  An employer that 
 46.30  withdraws from the program may not reapply for coverage for a 
 46.31  period of two years from its date of withdrawal time equal to 
 46.32  its initial term of coverage. 
 46.33     (c) [MINNESOTA WORK FORCE.] An employer is not eligible for 
 46.34  coverage through the program if five percent or more of its 
 46.35  eligible employees work primarily outside Minnesota, except that 
 46.36  an employer may apply to the program on behalf of only those 
 47.1   employees who work primarily in Minnesota.  
 47.2      (d) [EMPLOYEE PARTICIPATION; AGGREGATION OF GROUPS.] An 
 47.3   employer is not eligible for coverage through the program unless 
 47.4   its application includes all eligible employees who work 
 47.5   primarily in Minnesota, except employees who waive coverage as 
 47.6   permitted by subdivision 6.  Private entities that are eligible 
 47.7   to file a combined tax return for purposes of state tax laws are 
 47.8   considered a single employer, except as otherwise approved by 
 47.9   the commissioner. 
 47.10     (e) [PRIVATE EMPLOYER.] A private employer is not eligible 
 47.11  for coverage unless it has two or more eligible employees in the 
 47.12  state of Minnesota.  If an employer has only two eligible 
 47.13  employees and one is the spouse, child, sibling, parent, or 
 47.14  grandparent of the other, the employer must be a Minnesota 
 47.15  domiciled employer and have paid social security or 
 47.16  self-employment tax on behalf of both eligible employees. 
 47.17     (f) [MINIMUM PARTICIPATION.] The commissioner must require 
 47.18  as a condition of employer eligibility that at least 75 percent 
 47.19  of its eligible employees who have not waived coverage 
 47.20  participate in the program.  The participation level of eligible 
 47.21  employees must be determined at the initial offering of coverage 
 47.22  and at the renewal date of coverage.  For purposes of this 
 47.23  section, waiver of coverage includes only waivers due to 
 47.24  coverage under another group health benefit plan.  
 47.25     (g) [EMPLOYER CONTRIBUTION.] The commissioner must require 
 47.26  as a condition of employer eligibility that the employer 
 47.27  contribute at least 50 percent toward the cost of the premium of 
 47.28  the employee and may require that the contribution toward the 
 47.29  cost of coverage is structured in a way that promotes price 
 47.30  competition among the coverage options available through the 
 47.31  program. 
 47.32     (h) [ENROLLMENT CAP.] The commissioner may limit employer 
 47.33  enrollment in the program if necessary to avoid exceeding the 
 47.34  program's reserve capacity. 
 47.35     Sec. 15.  Minnesota Statutes 1994, section 62J.45, 
 47.36  subdivision 8, is amended to read: 
 48.1      Subd. 8.  [STAFF.] The board may hire an executive 
 48.2   director. The executive director is not a state employee but is 
 48.3   covered by section 3.736.  The executive director and staff may 
 48.4   participate in the following plans for employees in the 
 48.5   unclassified service:  the state retirement plan, the state 
 48.6   deferred compensation plan, and the health insurance and life 
 48.7   insurance plans coverages in section 43A.24, subdivision 2.  The 
 48.8   attorney general shall provide legal services to the board. 
 48.9      Sec. 16.  Minnesota Statutes 1994, section 256B.0644, is 
 48.10  amended to read: 
 48.11     256B.0644 [PARTICIPATION REQUIRED FOR REIMBURSEMENT UNDER 
 48.12  OTHER STATE HEALTH CARE PROGRAMS.] 
 48.13     A vendor of medical care, as defined in section 256B.02, 
 48.14  subdivision 7, and a health maintenance organization, as defined 
 48.15  in chapter 62D, must participate as a provider or contractor in 
 48.16  the medical assistance program, general assistance medical care 
 48.17  program, and MinnesotaCare as a condition of participating as a 
 48.18  provider in health insurance plans and programs or contractor 
 48.19  for state employees established under section 43A.18, the public 
 48.20  employees insurance plan program under section 43A.316, for 
 48.21  health insurance plans offered to local statutory or home rule 
 48.22  charter city, county, and school district employees, the 
 48.23  workers' compensation system under section 176.135, and 
 48.24  insurance plans provided through the Minnesota comprehensive 
 48.25  health association under sections 62E.01 to 62E.16.  The 
 48.26  limitations on insurance plans offered to local government 
 48.27  employees shall not be applicable in geographic areas where 
 48.28  provider participation is limited by managed care contracts with 
 48.29  the department of human services.  For providers other than 
 48.30  health maintenance organizations, participation in the medical 
 48.31  assistance program means that (1) the provider accepts new 
 48.32  medical assistance, general assistance medical care, and 
 48.33  MinnesotaCare patients or (2) at least 20 percent of the 
 48.34  provider's patients are covered by medical assistance, general 
 48.35  assistance medical care, and MinnesotaCare as their primary 
 48.36  source of coverage.  The commissioner shall establish 
 49.1   participation requirements for health maintenance 
 49.2   organizations.  The commissioner shall provide lists of 
 49.3   participating medical assistance providers on a quarterly basis 
 49.4   to the commissioner of employee relations, the commissioner of 
 49.5   labor and industry, and the commissioner of commerce.  Each of 
 49.6   the commissioners shall develop and implement procedures to 
 49.7   exclude as participating providers in the program or programs 
 49.8   under their jurisdiction those providers who do not participate 
 49.9   in the medical assistance program.  The commissioner of employee 
 49.10  relations shall implement this section through contracts with 
 49.11  participating health and dental carriers. 
 49.12     Sec. 17.  Minnesota Statutes 1994, section 356.87, is 
 49.13  amended to read: 
 49.14     356.87 [HEALTH INSURANCE WITHHOLDING.] 
 49.15     Upon authorization of a person entitled to receive a 
 49.16  retirement annuity, disability benefit or survivor benefit, the 
 49.17  executive director of a public pension fund listed in section 
 49.18  356.20, subdivision 2, shall withhold health insurance premium 
 49.19  amounts from the retirement annuity, disability benefit or 
 49.20  survivor benefit, and pay the premium amounts to the public 
 49.21  employees insurance plan program.  The public employees 
 49.22  insurance plan program shall reimburse a public pension fund for 
 49.23  the administrative expense of withholding the premium amounts 
 49.24  and shall assume liability for the failure of a public pension 
 49.25  fund to properly withhold the premium amounts. 
 49.26                             ARTICLE 11
 49.27               EFFICIENT OPERATION OF STATE AGENCIES
 49.28     Section 1.  Minnesota Statutes 1994, section 16A.055, is 
 49.29  amended by adding a subdivision to read: 
 49.30     Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
 49.31  department's mission that within the department's resources the 
 49.32  commissioner shall endeavor to: 
 49.33     (1) prevent the waste or unnecessary spending of public 
 49.34  money; 
 49.35     (2) use innovative fiscal and human resource practices to 
 49.36  manage the state's resources and operate the department as 
 50.1   efficiently as possible; 
 50.2      (3) coordinate the department's activities wherever 
 50.3   appropriate with the activities of other governmental agencies; 
 50.4      (4) use technology where appropriate to increase agency 
 50.5   productivity, improve customer service, increase public access 
 50.6   to information about government, and increase public 
 50.7   participation in the business of government; 
 50.8      (5) utilize constructive and cooperative labor-management 
 50.9   practices to the extent otherwise required by chapters 43A and 
 50.10  179A; 
 50.11     (6) include specific objectives in the performance report 
 50.12  required under section 15.91 to increase the efficiency of 
 50.13  agency operations, when appropriate; and 
 50.14     (7) recommend to the legislature, in the performance report 
 50.15  of the department required under section 15.91, appropriate 
 50.16  changes in law necessary to carry out the mission of the 
 50.17  department. 
 50.18     Sec. 2.  Minnesota Statutes 1994, section 16B.04, is 
 50.19  amended by adding a subdivision to read: 
 50.20     Subd. 4.  [MISSION; EFFICIENCY.] It is part of the 
 50.21  department's mission that within the department's resources the 
 50.22  commissioner shall endeavor to: 
 50.23     (1) prevent the waste or unnecessary spending of public 
 50.24  money; 
 50.25     (2) use innovative fiscal and human resource practices to 
 50.26  manage the state's resources and operate the department as 
 50.27  efficiently as possible; 
 50.28     (3) coordinate the department's activities wherever 
 50.29  appropriate with the activities of other governmental agencies; 
 50.30     (4) use technology where appropriate to increase agency 
 50.31  productivity, improve customer service, increase public access 
 50.32  to information about government, and increase public 
 50.33  participation in the business of government; 
 50.34     (5) utilize constructive and cooperative labor-management 
 50.35  practices to the extent otherwise required by chapters 43A and 
 50.36  179A; 
 51.1      (6) include specific objectives in the performance report 
 51.2   required under section 15.91 to increase the efficiency of 
 51.3   agency operations, when appropriate; and 
 51.4      (7) recommend to the legislature, in the performance report 
 51.5   of the department required under section 15.91, appropriate 
 51.6   changes in law necessary to carry out the mission of the 
 51.7   department. 
 51.8      Sec. 3.  Minnesota Statutes 1994, section 17.03, is amended 
 51.9   by adding a subdivision to read: 
 51.10     Subd. 11.  [MISSION; EFFICIENCY.] It is part of the 
 51.11  department's mission that within the department's resources the 
 51.12  commissioner shall endeavor to: 
 51.13     (1) prevent the waste or unnecessary spending of public 
 51.14  money; 
 51.15     (2) use innovative fiscal and human resource practices to 
 51.16  manage the state's resources and operate the department as 
 51.17  efficiently as possible; 
 51.18     (3) coordinate the department's activities wherever 
 51.19  appropriate with the activities of other governmental agencies; 
 51.20     (4) use technology where appropriate to increase agency 
 51.21  productivity, improve customer service, increase public access 
 51.22  to information about government, and increase public 
 51.23  participation in the business of government; 
 51.24     (5) utilize constructive and cooperative labor-management 
 51.25  practices to the extent otherwise required by chapters 43A and 
 51.26  179A; 
 51.27     (6) include specific objectives in the performance report 
 51.28  required under section 15.91 to increase the efficiency of 
 51.29  agency operations, when appropriate; and 
 51.30     (7) recommend to the legislature, in the performance report 
 51.31  of the department required under section 15.91, appropriate 
 51.32  changes in law necessary to carry out the mission of the 
 51.33  department. 
 51.34     Sec. 4.  Minnesota Statutes 1994, section 43A.04, is 
 51.35  amended by adding a subdivision to read: 
 51.36     Subd. 1a.  [MISSION; EFFICIENCY.] It is part of the 
 52.1   department's mission that within the department's resources the 
 52.2   commissioner shall endeavor to: 
 52.3      (1) prevent the waste or unnecessary spending of public 
 52.4   money; 
 52.5      (2) use innovative fiscal and human resource practices to 
 52.6   manage the state's resources and operate the department as 
 52.7   efficiently as possible; 
 52.8      (3) coordinate the department's activities wherever 
 52.9   appropriate with the activities of other governmental agencies; 
 52.10     (4) use technology where appropriate to increase agency 
 52.11  productivity, improve customer service, increase public access 
 52.12  to information about government, and increase public 
 52.13  participation in the business of government; 
 52.14     (5) utilize constructive and cooperative labor-management 
 52.15  practices to the extent otherwise required by chapters 43A and 
 52.16  179A; 
 52.17     (6) include specific objectives in the performance report 
 52.18  required under section 15.91 to increase the efficiency of 
 52.19  agency operations, when appropriate; and 
 52.20     (7) recommend to the legislature, in the performance report 
 52.21  of the department required under section 15.91, appropriate 
 52.22  changes in law necessary to carry out the mission of the 
 52.23  department. 
 52.24     Sec. 5.  Minnesota Statutes 1994, section 45.012, is 
 52.25  amended to read: 
 52.26     45.012 [COMMISSIONER.] 
 52.27     (a) The department of commerce is under the supervision and 
 52.28  control of the commissioner of commerce.  The commissioner is 
 52.29  appointed by the governor in the manner provided by section 
 52.30  15.06.  
 52.31     (b) Data that is received by the commissioner or the 
 52.32  commissioner's designee by virtue of membership or participation 
 52.33  in an association, group, or organization that is not otherwise 
 52.34  subject to chapter 13 is confidential or protected nonpublic 
 52.35  data but may be shared with the department employees as the 
 52.36  commissioner considers appropriate.  The commissioner may 
 53.1   release the data to any person, agency, or the public if the 
 53.2   commissioner determines that the access will aid the law 
 53.3   enforcement process, promote public health or safety, or dispel 
 53.4   widespread rumor or unrest.  
 53.5      (c) It is part of the department's mission that within the 
 53.6   department's resources the commissioner shall endeavor to: 
 53.7      (1) prevent the waste or unnecessary spending of public 
 53.8   money; 
 53.9      (2) use innovative fiscal and human resource practices to 
 53.10  manage the state's resources and operate the department as 
 53.11  efficiently as possible; 
 53.12     (3) coordinate the department's activities wherever 
 53.13  appropriate with the activities of other governmental agencies; 
 53.14     (4) use technology where appropriate to increase agency 
 53.15  productivity, improve customer service, increase public access 
 53.16  to information about government, and increase public 
 53.17  participation in the business of government; 
 53.18     (5) utilize constructive and cooperative labor-management 
 53.19  practices to the extent otherwise required by chapters 43A and 
 53.20  179A; 
 53.21     (6) include specific objectives in the performance report 
 53.22  required under section 15.91 to increase the efficiency of 
 53.23  agency operations, when appropriate; and 
 53.24     (7) recommend to the legislature, in the performance report 
 53.25  of the department required under section 15.91, appropriate 
 53.26  changes in law necessary to carry out the mission of the 
 53.27  department. 
 53.28     Sec. 6.  Minnesota Statutes 1994, section 84.027, is 
 53.29  amended by adding a subdivision to read: 
 53.30     Subd. 13.  [MISSION; EFFICIENCY.] It is part of the 
 53.31  department's mission that within the department's resources the 
 53.32  commissioner shall endeavor to: 
 53.33     (1) prevent the waste or unnecessary spending of public 
 53.34  money; 
 53.35     (2) use innovative fiscal and human resource practices to 
 53.36  manage the state's resources and operate the department as 
 54.1   efficiently as possible; 
 54.2      (3) coordinate the department's activities wherever 
 54.3   appropriate with the activities of other governmental agencies; 
 54.4      (4) use technology where appropriate to increase agency 
 54.5   productivity, improve customer service, increase public access 
 54.6   to information about government, and increase public 
 54.7   participation in the business of government; 
 54.8      (5) utilize constructive and cooperative labor-management 
 54.9   practices to the extent otherwise required by chapters 43A and 
 54.10  179A; 
 54.11     (6) include specific objectives in the performance report 
 54.12  required under section 15.91 to increase the efficiency of 
 54.13  agency operations when appropriate; and 
 54.14     (7) recommend to the legislature, in the performance report 
 54.15  of the department required under section 15.91, appropriate 
 54.16  changes in law necessary to carry out the mission of the 
 54.17  department. 
 54.18     Sec. 7.  Minnesota Statutes 1994, section 116.03, is 
 54.19  amended by adding a subdivision to read: 
 54.20     Subd. 2a.  [MISSION; EFFICIENCY.] It is part of the 
 54.21  agency's mission that within the agency's resources the 
 54.22  commissioner and the members of the agency shall endeavor to: 
 54.23     (1) prevent the waste or unnecessary spending of public 
 54.24  money; 
 54.25     (2) use innovative fiscal and human resource practices to 
 54.26  manage the state's resources and operate the agency as 
 54.27  efficiently as possible; 
 54.28     (3) coordinate the agency's activities wherever appropriate 
 54.29  with the activities of other governmental agencies; 
 54.30     (4) use technology where appropriate to increase agency 
 54.31  productivity, improve customer service, increase public access 
 54.32  to information about government, and increase public 
 54.33  participation in the business of government; 
 54.34     (5) utilize constructive and cooperative labor-management 
 54.35  practices to the extent otherwise required by chapters 43A and 
 54.36  179A; 
 55.1      (6) include specific objectives in the performance report 
 55.2   required under section 15.91 to increase the efficiency of 
 55.3   agency operations, when appropriate; and 
 55.4      (7) recommend to the legislature, in the performance report 
 55.5   of the agency required under section 15.91, appropriate changes 
 55.6   in law necessary to carry out the mission of the agency. 
 55.7      Sec. 8.  Minnesota Statutes 1994, section 116J.011, is 
 55.8   amended to read: 
 55.9      116J.011 [MISSION.] 
 55.10     The mission of the department of trade and economic 
 55.11  development is to employ all of the available state government 
 55.12  resources to facilitate an economic environment that produces 
 55.13  net new job growth in excess of the national average and to 
 55.14  increase nonresident and resident tourism revenues.  It is part 
 55.15  of the department's mission that within the department's 
 55.16  resources the commissioner shall endeavor to: 
 55.17     (1) prevent the waste or unnecessary spending of public 
 55.18  money; 
 55.19     (2) use innovative fiscal and human resource practices to 
 55.20  manage the state's resources and operate the department as 
 55.21  efficiently as possible; 
 55.22     (3) coordinate the department's activities wherever 
 55.23  appropriate with the activities of other governmental agencies; 
 55.24     (4) use technology where appropriate to increase agency 
 55.25  productivity, improve customer service, increase public access 
 55.26  to information about government, and increase public 
 55.27  participation in the business of government; 
 55.28     (5) utilize constructive and cooperative labor-management 
 55.29  practices to the extent otherwise required by chapters 43A and 
 55.30  179A; 
 55.31     (6) include specific objectives in the performance report 
 55.32  required under section 15.91 to increase the efficiency of 
 55.33  agency operations, when appropriate; and 
 55.34     (7) recommend to the legislature, in the performance report 
 55.35  of the department required under section 15.91, appropriate 
 55.36  changes in law necessary to carry out the mission of the 
 56.1   department. 
 56.2      Sec. 9.  Minnesota Statutes 1994, section 120.0111, is 
 56.3   amended to read: 
 56.4      120.0111 [MISSION STATEMENT.] 
 56.5      The mission of public education in Minnesota, a system for 
 56.6   lifelong learning, is to ensure individual academic achievement, 
 56.7   an informed citizenry, and a highly productive work force.  This 
 56.8   system focuses on the learner, promotes and values diversity, 
 56.9   provides participatory decision-making, ensures accountability, 
 56.10  models democratic principles, creates and sustains a climate for 
 56.11  change, provides personalized learning environments, encourages 
 56.12  learners to reach their maximum potential, and integrates and 
 56.13  coordinates human services for learners.  It is part of the 
 56.14  department's mission that within the department's resources the 
 56.15  commissioner shall endeavor to: 
 56.16     (1) prevent the waste or unnecessary spending of public 
 56.17  money; 
 56.18     (2) use innovative fiscal and human resource practices to 
 56.19  manage the state's resources and operate the department as 
 56.20  efficiently as possible; 
 56.21     (3) coordinate the department's activities wherever 
 56.22  appropriate with the activities of other governmental agencies; 
 56.23     (4) use technology where appropriate to increase agency 
 56.24  productivity, improve customer service, increase public access 
 56.25  to information about government, and increase public 
 56.26  participation in the business of government; 
 56.27     (5) utilize constructive and cooperative labor-management 
 56.28  practices to the extent otherwise required by chapters 43A and 
 56.29  179A; 
 56.30     (6) include specific objectives in the performance report 
 56.31  required under section 15.91 to increase the efficiency of 
 56.32  agency operations, when appropriate; and 
 56.33     (7) recommend to the legislature, in the performance report 
 56.34  of the department required under section 15.91, appropriate 
 56.35  changes in law necessary to carry out the mission of the 
 56.36  department. 
 57.1      Sec. 10.  Minnesota Statutes 1994, section 135A.052, 
 57.2   subdivision 1, is amended to read: 
 57.3      Subdivision 1.  [STATEMENT OF MISSIONS.] The legislature 
 57.4   recognizes each public post-secondary system to have a 
 57.5   distinctive mission within the overall provision of public 
 57.6   higher education in the state and a responsibility to cooperate 
 57.7   with the other systems.  These missions are as follows: 
 57.8      (1) the technical college system shall offer vocational 
 57.9   training and education to prepare students for skilled 
 57.10  occupations that do not require a baccalaureate degree; 
 57.11     (2) the community college system shall offer lower division 
 57.12  instruction in academic programs, occupational programs in which 
 57.13  all credits earned will be accepted for transfer to a 
 57.14  baccalaureate degree in the same field of study, and remedial 
 57.15  studies, for students transferring to baccalaureate institutions 
 57.16  and for those seeking associate degrees; 
 57.17     (3) the state university system shall offer undergraduate 
 57.18  and graduate instruction through the master's degree, including 
 57.19  specialist certificates, in the liberal arts and sciences and 
 57.20  professional education; and 
 57.21     (4) the University of Minnesota shall offer undergraduate, 
 57.22  graduate, and professional instruction through the doctoral 
 57.23  degree, and shall be the primary state supported academic agency 
 57.24  for research and extension services. 
 57.25     It is part of the mission of each system that within the 
 57.26  system's resources the system's governing board and chancellor 
 57.27  or president shall endeavor to: 
 57.28     (a) prevent the waste or unnecessary spending of public 
 57.29  money; 
 57.30     (b) use innovative fiscal and human resource practices to 
 57.31  manage the state's resources and operate the system as 
 57.32  efficiently as possible; 
 57.33     (c) coordinate the system's activities wherever appropriate 
 57.34  with the activities of other systems and governmental agencies; 
 57.35     (d) use technology where appropriate to increase system 
 57.36  productivity, improve customer service, increase public access 
 58.1   to information about the system, and increase public 
 58.2   participation in the business of the system; 
 58.3      (e) utilize constructive and cooperative labor-management 
 58.4   practices to the extent otherwise required by chapters 43A and 
 58.5   179A; and 
 58.6      (f) recommend to the legislature appropriate changes in law 
 58.7   necessary to carry out the mission of the system. 
 58.8      Sec. 11.  Minnesota Statutes 1994, section 144.05, is 
 58.9   amended to read: 
 58.10     144.05 [GENERAL DUTIES OF COMMISSIONER; REPORTS.] 
 58.11     Subdivision 1.  [GENERAL DUTIES.] The state commissioner of 
 58.12  health shall have general authority as the state's official 
 58.13  health agency and shall be responsible for the development and 
 58.14  maintenance of an organized system of programs and services for 
 58.15  protecting, maintaining, and improving the health of the 
 58.16  citizens.  This authority shall include but not be limited to 
 58.17  the following: 
 58.18     (a) Conduct studies and investigations, collect and analyze 
 58.19  health and vital data, and identify and describe health 
 58.20  problems; 
 58.21     (b) Plan, facilitate, coordinate, provide, and support the 
 58.22  organization of services for the prevention and control of 
 58.23  illness and disease and the limitation of disabilities resulting 
 58.24  therefrom; 
 58.25     (c) Establish and enforce health standards for the 
 58.26  protection and the promotion of the public's health such as 
 58.27  quality of health services, reporting of disease, regulation of 
 58.28  health facilities, environmental health hazards and personnel; 
 58.29     (d) Affect the quality of public health and general health 
 58.30  care services by providing consultation and technical training 
 58.31  for health professionals and paraprofessionals; 
 58.32     (e) Promote personal health by conducting general health 
 58.33  education programs and disseminating health information; 
 58.34     (f) Coordinate and integrate local, state and federal 
 58.35  programs and services affecting the public's health; 
 58.36     (g) Continually assess and evaluate the effectiveness and 
 59.1   efficiency of health service systems and public health 
 59.2   programming efforts in the state; and 
 59.3      (h) Advise the governor and legislature on matters relating 
 59.4   to the public's health. 
 59.5      Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
 59.6   department's mission that within the department's resources the 
 59.7   commissioner shall endeavor to: 
 59.8      (1) prevent the waste or unnecessary spending of public 
 59.9   money; 
 59.10     (2) use innovative fiscal and human resource practices to 
 59.11  manage the state's resources and operate the department as 
 59.12  efficiently as possible; 
 59.13     (3) coordinate the department's activities wherever 
 59.14  appropriate with the activities of other governmental agencies; 
 59.15     (4) use technology where appropriate to increase agency 
 59.16  productivity, improve customer service, increase public access 
 59.17  to information about government, and increase public 
 59.18  participation in the business of government; 
 59.19     (5) utilize constructive and cooperative labor-management 
 59.20  practices to the extent otherwise required by chapters 43A and 
 59.21  179A; 
 59.22     (6) include specific objectives in the performance report 
 59.23  required under section 15.91 to increase the efficiency of 
 59.24  agency operations, when appropriate; and 
 59.25     (7) recommend to the legislature, in the performance report 
 59.26  of the department required under section 15.91, appropriate 
 59.27  changes in law necessary to carry out the mission of the 
 59.28  department. 
 59.29     Sec. 12.  Minnesota Statutes 1994, section 174.02, is 
 59.30  amended by adding a subdivision to read: 
 59.31     Subd. 1a.  [MISSION; EFFICIENCY.] It is part of the 
 59.32  department's mission that within the department's resources the 
 59.33  commissioner shall endeavor to: 
 59.34     (1) prevent the waste or unnecessary spending of public 
 59.35  money; 
 59.36     (2) use innovative fiscal and human resource practices to 
 60.1   manage the state's resources and operate the department as 
 60.2   efficiently as possible; 
 60.3      (3) coordinate the department's activities wherever 
 60.4   appropriate with the activities of other governmental agencies; 
 60.5      (4) use technology where appropriate to increase agency 
 60.6   productivity, improve customer service, increase public access 
 60.7   to information about government, and increase public 
 60.8   participation in the business of government; 
 60.9      (5) utilize constructive and cooperative labor-management 
 60.10  practices to the extent otherwise required by chapters 43A and 
 60.11  179A; 
 60.12     (6) include specific objectives in the performance report 
 60.13  required under section 15.91 to increase the efficiency of 
 60.14  agency operations, when appropriate; and 
 60.15     (7) recommend to the legislature, in the performance report 
 60.16  of the department required under section 15.91, appropriate 
 60.17  changes in law necessary to carry out the mission of the 
 60.18  department. 
 60.19     Sec. 13.  Minnesota Statutes 1994, section 175.001, is 
 60.20  amended by adding a subdivision to read: 
 60.21     Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
 60.22  department's mission that within the department's resources the 
 60.23  commissioner shall endeavor to: 
 60.24     (1) prevent the waste or unnecessary spending of public 
 60.25  money; 
 60.26     (2) use innovative fiscal and human resource practices to 
 60.27  manage the state's resources and operate the department as 
 60.28  efficiently as possible; 
 60.29     (3) coordinate the department's activities wherever 
 60.30  appropriate with the activities of other governmental agencies; 
 60.31     (4) use technology where appropriate to increase agency 
 60.32  productivity, improve customer service, increase public access 
 60.33  to information about government, and increase public 
 60.34  participation in the business of government; 
 60.35     (5) utilize constructive and cooperative labor-management 
 60.36  practices to the extent otherwise required by chapters 43A and 
 61.1   179A; 
 61.2      (6) include specific objectives in the performance report 
 61.3   required under section 15.91 to increase the efficiency of 
 61.4   agency operations, when appropriate; and 
 61.5      (7) recommend to the legislature, in the performance report 
 61.6   of the department required under section 15.91, appropriate 
 61.7   changes in law necessary to carry out the mission of the 
 61.8   department. 
 61.9      Sec. 14.  Minnesota Statutes 1994, section 190.09, is 
 61.10  amended to read: 
 61.11     190.09 [POWERS, DUTIES.] 
 61.12     Subdivision 1.  [DUTIES OF THE OFFICE.] The adjutant 
 61.13  general shall be the chief of staff to the commander-in-chief 
 61.14  and the administrative head of the military department.  The 
 61.15  adjutant general shall have an office in the capitol and keep it 
 61.16  open during the usual business hours.  
 61.17     The adjutant general shall have custody of all military 
 61.18  records, correspondence, and other military documents.  The 
 61.19  adjutant general shall be the medium of military correspondence 
 61.20  with the governor and perform all other duties pertaining to 
 61.21  that office prescribed by law.  The adjutant general shall make 
 61.22  an annual report to the governor, at such time as the governor 
 61.23  may require, of all the transactions of the military affairs 
 61.24  department, setting forth the number, strength and condition of 
 61.25  the national guard, and such other matters as deemed important 
 61.26  and shall make and transmit to the federal government the 
 61.27  returns required by the laws of the United States.  The adjutant 
 61.28  general shall, whenever necessary, cause the military code, 
 61.29  orders and rules of the state to be printed and distributed to 
 61.30  the commissioned officers and the several organizations of the 
 61.31  national guard and shall cause to be prepared and issued all 
 61.32  necessary books, blanks and notices required to carry into full 
 61.33  effect the provisions of the military code.  All such books and 
 61.34  blanks shall be and remain the property of the state.  
 61.35     The seal now used in the office of the adjutant general 
 61.36  shall be the seal of that office and shall be delivered to the 
 62.1   successor in that office.  All orders issued from the adjutant 
 62.2   general's office shall be authenticated with that seal.  The 
 62.3   adjutant general shall attest all commissions issued to military 
 62.4   officers.  The adjutant general will superintend the preparation 
 62.5   of all returns and reports required by the United States from 
 62.6   the state on military matters.  
 62.7      The adjutant general shall designate an assistant adjutant 
 62.8   general to serve as deputy adjutant general to perform the 
 62.9   duties of the adjutant general during periods when the adjutant 
 62.10  general is absent or unable to perform that officer's duties.  
 62.11  In the absence of all of the above, the senior officer of the 
 62.12  national guard, shall perform the duties prescribed for the 
 62.13  adjutant general.  
 62.14     The flags and colors carried by Minnesota troops in the 
 62.15  Civil War, Indian Wars, Spanish-American War, Mexican Border 
 62.16  Campaign, the first World War, and subsequent wars shall be 
 62.17  preserved in the capitol under the especial care of the adjutant 
 62.18  general.  They shall be suitably encased and marked, and, so far 
 62.19  as the adjutant general may deem it consistent with their 
 62.20  safety, shall at all times be publicly displayed.  
 62.21     Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
 62.22  department's mission that within the department's resources the 
 62.23  adjutant general shall endeavor to: 
 62.24     (1) prevent the waste or unnecessary spending of public 
 62.25  money; 
 62.26     (2) use innovative fiscal and human resource practices to 
 62.27  manage the state's resources and operate the department as 
 62.28  efficiently as possible; 
 62.29     (3) coordinate the department's activities wherever 
 62.30  appropriate with the activities of other governmental agencies; 
 62.31     (4) use technology where appropriate to increase agency 
 62.32  productivity, improve customer service, increase public access 
 62.33  to information about government, and increase public 
 62.34  participation in the business of government; 
 62.35     (5) utilize constructive and cooperative labor-management 
 62.36  practices to the extent otherwise required by chapters 43A and 
 63.1   179A; 
 63.2      (6) include specific objectives in the performance report 
 63.3   required under section 15.91 to increase the efficiency of 
 63.4   agency operations, when appropriate; and 
 63.5      (7) recommend to the legislature, in the performance report 
 63.6   of the department required under section 15.91, appropriate 
 63.7   changes in law necessary to carry out the mission of the 
 63.8   department. 
 63.9      Sec. 15.  Minnesota Statutes 1994, section 196.05, is 
 63.10  amended to read: 
 63.11     196.05 [DUTIES OF COMMISSIONER.] 
 63.12     Subdivision 1.  [GENERAL DUTIES.] The commissioner shall: 
 63.13     (1) act as the agent of a resident of the state having a 
 63.14  claim against the United States for benefits arising out of or 
 63.15  by reason of service in the armed forces and prosecute the claim 
 63.16  without charge; 
 63.17     (2) act as custodian of veterans' bonus records; 
 63.18     (3) administer the laws relating to the providing of bronze 
 63.19  flag holders at veterans' graves for memorial purposes; 
 63.20     (4) administer the laws relating to recreational or rest 
 63.21  camps for veterans so far as applicable to state agencies; 
 63.22     (5) administer the state soldiers' assistance fund and 
 63.23  veterans' relief fund and other funds appropriated for the 
 63.24  payment of bonuses or other benefits to veterans or for the 
 63.25  rehabilitation of veterans; 
 63.26     (6) cooperate with national, state, county, municipal, and 
 63.27  private social agencies in securing to veterans and their 
 63.28  dependents the benefits provided by national, state, and county 
 63.29  laws, municipal ordinances, or public and private social 
 63.30  agencies; 
 63.31     (7) provide necessary assistance where other adequate aid 
 63.32  is not available to the dependent family of a veteran while the 
 63.33  veteran is hospitalized and after the veteran is released for as 
 63.34  long a period as is necessary as determined by the commissioner; 
 63.35     (8) act as the guardian of the estate for a minor or an 
 63.36  incompetent person receiving money from the United States 
 64.1   government when requested to do so by an agency of the United 
 64.2   States of America provided sufficient personnel are available; 
 64.3      (9) cooperate with United States governmental agencies 
 64.4   providing compensation, pensions, insurance, or other benefits 
 64.5   provided by federal law, by supplementing the benefits 
 64.6   prescribed therein, when conditions in an individual case make 
 64.7   it necessary; 
 64.8      (10) assist in implementing state laws, rights, and 
 64.9   privileges relating to the reemployment of veterans upon their 
 64.10  separation from the armed forces; 
 64.11     (11) contact, at times as the commissioner deems proper, 
 64.12  war veterans, as defined in section 197.447, who are confined in 
 64.13  a public institution; investigate the treatment accorded those 
 64.14  veterans and report annually to the governor the results of the 
 64.15  investigations; and the heads of the public institutions shall 
 64.16  permit the commissioner, or the commissioner's representative, 
 64.17  to visit any veteran; and, if the commissioner, or the 
 64.18  commissioner's representative requests any information relative 
 64.19  to any veteran and the veteran's affairs, the head of the 
 64.20  institution shall furnish it; 
 64.21     (12) assist dependent family members of military personnel 
 64.22  who are called from reserve status to extended federal active 
 64.23  duty during a time of war or national emergency through the 
 64.24  state soldiers' assistance fund provided by section 197.03; and 
 64.25     (13) exercise other powers as may be authorized and 
 64.26  necessary to carry out the provisions of this chapter and 
 64.27  chapters 197 and 198, consistent with those chapters. 
 64.28     Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
 64.29  department's mission that within the department's resources the 
 64.30  commissioner shall endeavor to: 
 64.31     (1) prevent the waste or unnecessary spending of public 
 64.32  money; 
 64.33     (2) use innovative fiscal and human resource practices to 
 64.34  manage the state's resources and operate the department as 
 64.35  efficiently as possible; 
 64.36     (3) coordinate the department's activities wherever 
 65.1   appropriate with the activities of other governmental agencies; 
 65.2      (4) use technology where appropriate to increase agency 
 65.3   productivity, improve customer service, increase public access 
 65.4   to information about government, and increase public 
 65.5   participation in the business of government; 
 65.6      (5) utilize constructive and cooperative labor-management 
 65.7   practices to the extent otherwise required by chapters 43A and 
 65.8   179A; 
 65.9      (6) include specific objectives in the performance report 
 65.10  required under section 15.91 to increase the efficiency of 
 65.11  agency operations, when appropriate; and 
 65.12     (7) recommend to the legislature, in the performance report 
 65.13  of the department required under section 15.91, appropriate 
 65.14  changes in law necessary to carry out the mission of the 
 65.15  department. 
 65.16     Sec. 16.  Minnesota Statutes 1994, section 216A.07, is 
 65.17  amended by adding a subdivision to read: 
 65.18     Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
 65.19  department's mission that within the department's resources the 
 65.20  commissioner shall endeavor to: 
 65.21     (1) prevent the waste or unnecessary spending of public 
 65.22  money; 
 65.23     (2) use innovative fiscal and human resource practices to 
 65.24  manage the state's resources and operate the department as 
 65.25  efficiently as possible; 
 65.26     (3) coordinate the department's activities wherever 
 65.27  appropriate with the activities of other governmental agencies; 
 65.28     (4) use technology where appropriate to increase agency 
 65.29  productivity, improve customer service, increase public access 
 65.30  to information about government, and increase public 
 65.31  participation in the business of government; 
 65.32     (5) utilize constructive and cooperative labor-management 
 65.33  practices to the extent otherwise required by chapters 43A and 
 65.34  179A; 
 65.35     (6) include specific objectives in the performance report 
 65.36  required under section 15.91 to increase the efficiency of 
 66.1   agency operations, when appropriate; and 
 66.2      (7) recommend to the legislature, in the performance report 
 66.3   of the department required under section 15.91, appropriate 
 66.4   changes in law necessary to carry out the mission of the 
 66.5   department. 
 66.6      Sec. 17.  Minnesota Statutes 1994, section 241.01, is 
 66.7   amended by adding a subdivision to read: 
 66.8      Subd. 3b.  [MISSION; EFFICIENCY.] It is part of the 
 66.9   department's mission that within the department's resources the 
 66.10  commissioner shall endeavor to: 
 66.11     (1) prevent the waste or unnecessary spending of public 
 66.12  money; 
 66.13     (2) use innovative fiscal and human resource practices to 
 66.14  manage the state's resources and operate the department as 
 66.15  efficiently as possible; 
 66.16     (3) coordinate the department's activities wherever 
 66.17  appropriate with the activities of other governmental agencies; 
 66.18     (4) use technology where appropriate to increase agency 
 66.19  productivity, improve service to the public, increase public 
 66.20  access to information about government, and increase public 
 66.21  participation in the business of government; 
 66.22     (5) utilize constructive and cooperative labor-management 
 66.23  practices to the extent otherwise required by chapters 43A and 
 66.24  179A; 
 66.25     (6) include specific objectives in the performance report 
 66.26  required under section 15.91 to increase the efficiency of 
 66.27  agency operations, when appropriate; and 
 66.28     (7) recommend to the legislature, in the performance report 
 66.29  of the department required under section 15.91, appropriate 
 66.30  changes in law necessary to carry out the mission of the 
 66.31  department. 
 66.32     Sec. 18.  Minnesota Statutes 1994, section 245.03, is 
 66.33  amended to read: 
 66.34     245.03 [DEPARTMENT OF HUMAN SERVICES ESTABLISHED; 
 66.35  COMMISSIONER.] 
 66.36     Subdivision 1.  [ESTABLISHMENT.] There is created a 
 67.1   department of human services.  A commissioner of human services 
 67.2   shall be appointed by the governor under the provisions of 
 67.3   section 15.06.  The commissioner shall be selected on the basis 
 67.4   of ability and experience in welfare and without regard to 
 67.5   political affiliations.  The commissioner shall appoint a deputy 
 67.6   commissioner. 
 67.7      Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
 67.8   department's mission that within the department's resources the 
 67.9   commissioner shall endeavor to: 
 67.10     (1) prevent the waste or unnecessary spending of public 
 67.11  money; 
 67.12     (2) use innovative fiscal and human resource practices to 
 67.13  manage the state's resources and operate the department as 
 67.14  efficiently as possible; 
 67.15     (3) coordinate the department's activities wherever 
 67.16  appropriate with the activities of other governmental agencies; 
 67.17     (4) use technology where appropriate to increase agency 
 67.18  productivity, improve customer service, increase public access 
 67.19  to information about government, and increase public 
 67.20  participation in the business of government; 
 67.21     (5) utilize constructive and cooperative labor-management 
 67.22  practices to the extent otherwise required by chapters 43A and 
 67.23  179A; 
 67.24     (6) include specific objectives in the performance report 
 67.25  required under section 15.91 to increase the efficiency of 
 67.26  agency operations, when appropriate; and 
 67.27     (7) recommend to the legislature, in the performance report 
 67.28  of the department required under section 15.91, appropriate 
 67.29  changes in law necessary to carry out the mission of the 
 67.30  department. 
 67.31     Sec. 19.  Minnesota Statutes 1994, section 268.0122, is 
 67.32  amended by adding a subdivision to read: 
 67.33     Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
 67.34  department's mission that within the department's resources the 
 67.35  commissioner shall endeavor to: 
 67.36     (1) prevent the waste or unnecessary spending of public 
 68.1   money; 
 68.2      (2) use innovative fiscal and human resource practices to 
 68.3   manage the state's resources and operate the department as 
 68.4   efficiently as possible; 
 68.5      (3) coordinate the department's activities wherever 
 68.6   appropriate with the activities of other governmental agencies; 
 68.7      (4) use technology where appropriate to increase agency 
 68.8   productivity, improve customer service, increase public access 
 68.9   to information about government, and increase public 
 68.10  participation in the business of government; 
 68.11     (5) utilize constructive and cooperative labor-management 
 68.12  practices to the extent otherwise required by chapters 43A and 
 68.13  179A; 
 68.14     (6) include specific objectives in the performance report 
 68.15  required under section 15.91 to increase the efficiency of 
 68.16  agency operations, when appropriate; and 
 68.17     (7) recommend to the legislature, in the performance report 
 68.18  of the department required under section 15.91, appropriate 
 68.19  changes in law necessary to carry out the mission of the 
 68.20  department. 
 68.21     Sec. 20.  Minnesota Statutes 1994, section 270.02, is 
 68.22  amended by adding a subdivision to read: 
 68.23     Subd. 3a.  [MISSION; EFFICIENCY.] It is part of the 
 68.24  department's mission that within the department's resources the 
 68.25  commissioner shall endeavor to: 
 68.26     (1) prevent the waste or unnecessary spending of public 
 68.27  money; 
 68.28     (2) use innovative fiscal and human resource practices to 
 68.29  manage the state's resources and operate the department as 
 68.30  efficiently as possible; 
 68.31     (3) coordinate the department's activities wherever 
 68.32  appropriate with the activities of other governmental agencies; 
 68.33     (4) use technology where appropriate to increase agency 
 68.34  productivity, improve customer service, increase public access 
 68.35  to information about government, and increase public 
 68.36  participation in the business of government; 
 69.1      (5) utilize constructive and cooperative labor-management 
 69.2   practices to the extent otherwise required by chapters 43A and 
 69.3   179A; 
 69.4      (6) include specific objectives in the performance report 
 69.5   required under section 15.91 to increase the efficiency of 
 69.6   agency operations, when appropriate; and 
 69.7      (7) recommend to the legislature, in the performance report 
 69.8   of the department required under section 15.91, appropriate 
 69.9   changes in law necessary to carry out the mission of the 
 69.10  department. 
 69.11     Sec. 21.  Minnesota Statutes 1994, section 299A.01, is 
 69.12  amended by adding a subdivision to read: 
 69.13     Subd. 1a.  [MISSION; EFFICIENCY.] It is part of the 
 69.14  department's mission that within the department's resources the 
 69.15  commissioner shall endeavor to: 
 69.16     (1) prevent the waste or unnecessary spending of public 
 69.17  money; 
 69.18     (2) use innovative fiscal and human resource practices to 
 69.19  manage the state's resources and operate the department as 
 69.20  efficiently as possible; 
 69.21     (3) coordinate the department's activities wherever 
 69.22  appropriate with the activities of other governmental agencies; 
 69.23     (4) use technology where appropriate to increase agency 
 69.24  productivity, improve customer service, increase public access 
 69.25  to information about government, and increase public 
 69.26  participation in the business of government; 
 69.27     (5) utilize constructive and cooperative labor-management 
 69.28  practices to the extent otherwise required by chapters 43A and 
 69.29  179A; 
 69.30     (6) include specific objectives in the performance report 
 69.31  required under section 15.91 to increase the efficiency of 
 69.32  agency operations, when appropriate; and 
 69.33     (7) recommend to the legislature, in the performance report 
 69.34  of the department required under section 15.91, appropriate 
 69.35  changes in law necessary to carry out the mission of the 
 69.36  department. 
 70.1      Sec. 22.  Minnesota Statutes 1994, section 363.05, is 
 70.2   amended by adding a subdivision to read: 
 70.3      Subd. 3.  [MISSION; EFFICIENCY.] It is part of the 
 70.4   department's mission that within the department's resources the 
 70.5   commissioner shall endeavor to: 
 70.6      (1) prevent the waste or unnecessary spending of public 
 70.7   money; 
 70.8      (2) use innovative fiscal and human resource practices to 
 70.9   manage the state's resources and operate the department as 
 70.10  efficiently as possible; 
 70.11     (3) coordinate the department's activities wherever 
 70.12  appropriate with the activities of other governmental agencies; 
 70.13     (4) use technology where appropriate to increase agency 
 70.14  productivity, improve customer service, increase public access 
 70.15  to information about government, and increase public 
 70.16  participation in the business of government; 
 70.17     (5) utilize constructive and cooperative labor-management 
 70.18  practices to the extent otherwise required by chapters 43A and 
 70.19  179A; 
 70.20     (6) include specific objectives in the performance report 
 70.21  required under section 15.91 to increase the efficiency of 
 70.22  agency operations, when appropriate; and 
 70.23     (7) recommend to the legislature, in the performance report 
 70.24  of the department required under section 15.91, appropriate 
 70.25  changes in law necessary to carry out the mission of the 
 70.26  department. 
 70.27                             ARTICLE 12
 70.28                    CIVIL SERVICE PILOT PROJECT
 70.29     Section 1.  [HOUSING FINANCE AGENCY PILOT PROJECT.] 
 70.30     Subdivision 1.  [WAIVER.] In addition to the waiver 
 70.31  provisions in Laws 1993, chapter 301, Minnesota Statutes, 
 70.32  sections 43A.07, 43A.10, 43A.12 to 43A.15, 43A.17, 43A.18, and 
 70.33  43A.20, are waived to the extent necessary to implement the 
 70.34  civil service pilot project in the housing finance agency as 
 70.35  authorized by Laws 1993, chapter 301.  If a proposed waiver of 
 70.36  any section of Minnesota Statutes, chapter 43A, would violate 
 71.1   the terms of a collective bargaining agreement reached under 
 71.2   Minnesota Statutes, chapter 179A, the waiver may not be granted 
 71.3   without the consent of the exclusive representative that is a 
 71.4   party to the agreement. 
 71.5      Subd. 2.  [UNREPRESENTED EMPLOYEES.] The salaries of 
 71.6   unrepresented employees of the housing finance agency must be 
 71.7   administered according to the provisions of a salary plan 
 71.8   developed by the commissioner of the housing finance agency and 
 71.9   approved by the commissioner of employee relations.  The salary 
 71.10  plan must be approved under Minnesota Statutes, section 3.855, 
 71.11  subdivision 3, before being implemented.  
 71.12     Sec. 2.  [TERMINATION.] 
 71.13     Section 1 and the civil service pilot project in the 
 71.14  housing finance agency as authorized by Laws 1993, chapter 301, 
 71.15  terminate June 30, 1997, or at any earlier time by a method 
 71.16  agreed upon by the commissioners of employee relations and 
 71.17  housing finance and the affected exclusive bargaining 
 71.18  representative of state employees. 
 71.19     Sec. 3.  [EFFECTIVE DATE.] 
 71.20     Sections 1 and 2 are effective July 1, 1995. 
 71.21                             ARTICLE 13
 71.22                           PILOT PROJECTS
 71.23     Section 1.  [PURPOSE.] 
 71.24     The purpose of this article is to make government work 
 71.25  better and cost less.  To accomplish this purpose, this article 
 71.26  creates incentives for state and local employees to act in a 
 71.27  manner that provides the best and most efficient services to the 
 71.28  public.  This article also removes barriers that currently 
 71.29  discourage state and local agencies from taking innovative 
 71.30  approaches to improving services and achieving cost savings. 
 71.31     Sec. 2.  [HUMAN RESOURCES SYSTEM.] 
 71.32     Subdivision 1.  [POLICY.] The legislature reaffirms its 
 71.33  commitment to an efficient and effective merit-based human 
 71.34  resources system that meets the management needs of the state 
 71.35  and that meets the program needs of the people of the state.  
 71.36  The purpose of this article is to establish a process to ensure 
 72.1   the continuation of merit-based principles, while removing rules 
 72.2   and procedures that cause unnecessary inefficiencies in the 
 72.3   state human resources system. 
 72.4      Subd. 2.  [PILOT PROJECT.] During the biennium ending June 
 72.5   30, 1997, the governor shall designate an executive agency that 
 72.6   will conduct a pilot civil service project.  The pilot program 
 72.7   must adhere to the policies expressed in subdivision 1 and in 
 72.8   Minnesota Statutes, section 43A.01.  For the purposes of 
 72.9   conducting the pilot project, the commissioner of the designated 
 72.10  agency is exempt from the provisions that relate to employment 
 72.11  in Minnesota Statutes, chapter 43A, Minnesota Rules, chapter 
 72.12  3900, and administrative procedures and policies of the 
 72.13  department of employee relations.  If a proposed exemption from 
 72.14  the provisions that relate to employment in Minnesota Statutes, 
 72.15  chapter 43A, Minnesota Rules, chapter 3900, and administrative 
 72.16  procedures and policies of the department of employee relations 
 72.17  would violate the terms of a collective bargaining agreement 
 72.18  effective under Minnesota Statutes, chapter 179A, the exemption 
 72.19  is not effective without the consent of the exclusive 
 72.20  representative that is a party to the agreement.  Upon request 
 72.21  of the commissioner carrying out the pilot project, the 
 72.22  commissioner of employee relations shall provide technical 
 72.23  assistance in support of the pilot project.  This section does 
 72.24  not exempt an agency from compliance with Minnesota Statutes, 
 72.25  sections 43A.19 and 43A.191, or from rules adopted to implement 
 72.26  those sections. 
 72.27     Subd. 3.  [EVALUATION.] The commissioner of employee 
 72.28  relations, in consultation with the agency selected in 
 72.29  subdivision 2, shall design and implement a system for 
 72.30  evaluating the success of the pilot project in subdivision 2.  
 72.31  The system specifically must: 
 72.32     (1) evaluate the extent to which the agency has been 
 72.33  successful in maintaining a merit-based human resources system 
 72.34  in the absence of the traditional civil service rules and 
 72.35  procedures; 
 72.36     (2) quantify time and money saved in the hiring process 
 73.1   under the pilot project as compared to hiring under the 
 73.2   traditional rules and procedures; and 
 73.3      (3) document the extent of complaints or problems arising 
 73.4   under the new system. 
 73.5      The agency involved in the pilot project under this section 
 73.6   and the department of employee relations must report to the 
 73.7   legislature by October 1, 1996, and October 1, 1997, on the 
 73.8   progress and results of the project.  The report must include at 
 73.9   least the elements required in this subdivision, and must also 
 73.10  make recommendations for legislative changes needed to ensure 
 73.11  the state will have the most efficient and effective merit-based 
 73.12  human resources system possible. 
 73.13     Subd. 4.  [WORKING GROUP.] The governor shall appoint a 
 73.14  stakeholder working group to advise the agency selected in 
 73.15  subdivision 2 and the commissioner of employee relations on 
 73.16  implementation of the pilot project under this section.  The 
 73.17  group shall include not more than 15 people, and must include: 
 73.18     (1) not more than five representatives of management of the 
 73.19  agency selected for the pilot project; 
 73.20     (2) not more than five representatives of exclusive 
 73.21  representatives of the agency selected by the pilot project, 
 73.22  chosen by the exclusive representatives, provided that the 
 73.23  number of representatives under this clause may not be less than 
 73.24  the number of management representatives under clause (1); 
 73.25     (3) up to three representatives of customers of the 
 73.26  services provided by the agency selected for the pilot project; 
 73.27  and 
 73.28     (4) up to two representatives of nonprofit citizens' 
 73.29  organizations devoted to the study and improvement of government 
 73.30  services.  
 73.31     Subd. 5.  [PILOT PROJECT.] During the biennium ending June 
 73.32  30, 1997, the human resources innovation committee established 
 73.33  under Laws 1993, chapter 301, section 1, subdivision 6, shall 
 73.34  designate state job classifications to be included in a pilot 
 73.35  project.  Under this pilot project:  (1) resumes of applicants 
 73.36  for positions to be filled through a competitive open process 
 74.1   will be evaluated through an objective computerized system that 
 74.2   will identify which applicants have the required skills; and (2) 
 74.3   information on applicants determined to have required skills 
 74.4   will be forwarded to the agency seeking to fill a vacancy, 
 74.5   without ranking these applicants, and without a limit on the 
 74.6   number of applicants that may be forwarded to the hiring 
 74.7   agency.  Laws or rules that govern examination, ranking of 
 74.8   eligibles, and certification of eligibles for competitive open 
 74.9   positions do not apply to those job classifications included in 
 74.10  the pilot project.  Before designating a job classification 
 74.11  under this subdivision, the committee must assure that the 
 74.12  hiring process for those job classifications complies with the 
 74.13  policies in subdivision 1. 
 74.14     Subd. 6.  [EVALUATION.] The commissioner of employee 
 74.15  relations, in consultation with the human resources innovation 
 74.16  committee, shall design and implement a system for evaluating 
 74.17  the success of the pilot project in subdivision 5.  By October 
 74.18  1, 1996, and October 1, 1997, the commissioner must report to 
 74.19  the legislature on the pilot project.  The report must:  
 74.20     (1) list job classifications subject to the pilot project, 
 74.21  and the number of positions filled under these job classes; 
 74.22     (2) evaluate the extent to which the project has been 
 74.23  successful in maintaining a merit-based system in the absence of 
 74.24  traditional civil service laws and rules; 
 74.25     (3) quantify time and money saved in the hiring process 
 74.26  under the pilot project, as compared to hiring under the 
 74.27  traditional laws and rules; 
 74.28     (4) document the extent of complaints or problems arising 
 74.29  under the new system; and 
 74.30     (5) recommend any changes in laws or rules needed to make 
 74.31  permanent the successes of the pilot project. 
 74.32     Subd. 7.  [EXTENSION.] Laws 1993, chapter 301, section 1, 
 74.33  subdivision 6, is not repealed until June 30, 1997. 
 74.34     Subd. 8.  [REPEALER.] Minnesota Rules, parts 3900.0100 to 
 74.35  3900.4700 and 3900.6100 to 3900.9100, and all administrative 
 74.36  procedures of the department of employee relations that control 
 75.1   the manner in which state agencies hire employees, are repealed 
 75.2   on June 30, 1999. 
 75.3      Sec. 3.  [GAINSHARING.] 
 75.4      Subdivision 1.  [FINDINGS.] The legislature recognizes 
 75.5   state employees as crucial resources in providing effective and 
 75.6   efficient government services to the people of Minnesota.  The 
 75.7   legislature believes that state employees should benefit from 
 75.8   successful efforts they make to improve government efficiency 
 75.9   and effectiveness.  Efforts to improve government efficiency and 
 75.10  effectiveness include, but are not limited to, reductions in 
 75.11  unnecessary paperwork, repeal of unnecessary state, federal, and 
 75.12  local regulations, and reductions in unnecessary staff.  
 75.13     Subd. 2.  [PILOT PROJECT.] During the biennium ending June 
 75.14  30, 1997, the department of employee relations must implement a 
 75.15  system of incentives including economic incentives for 
 75.16  unrepresented employees for employees in the department.  The 
 75.17  system must be approved by the commissioner of finance before 
 75.18  being implemented.  The system must have the following 
 75.19  characteristics: 
 75.20     (1) it must provide nonmanagerial unrepresented employees 
 75.21  within the agency the possibility of earning economic rewards by 
 75.22  suggesting changes in operation of the department's programs; 
 75.23     (2) it must provide nonmanagerial represented employees 
 75.24  within the agency the possibility of receiving individual 
 75.25  economic rewards, if provided in a collective bargaining 
 75.26  agreement, for suggesting changes in the operation of the 
 75.27  department's programs; 
 75.28     (3) it must provide groups of nonmanagerial represented 
 75.29  employees within the agency the possibility of receiving group 
 75.30  rewards in the form of training opportunities, filling of 
 75.31  unfilled employee complement, or other resources that benefit 
 75.32  overall group performance; 
 75.33     (4) any economic awards must be based on changes in 
 75.34  operations suggested by nonmanagerial employees that result in 
 75.35  objectively measurable cost savings of at least $25,000 or 
 75.36  significant and objectively measurable efficiencies in services 
 76.1   that the agency provides to its customers or clients, without 
 76.2   decreasing the quality of these services; 
 76.3      (5) awards must be a minimum of $500 up to a maximum of 
 76.4   $2,500 per year to unrepresented nonmanagerial employees who 
 76.5   were instrumental in identifying and implementing the efficiency 
 76.6   and cost-saving measures; 
 76.7      (6) an "efficiency savings account" must be created within 
 76.8   each fund that is used to provide money for department 
 76.9   services.  Each account consists of money saved directly as a 
 76.10  result of initiatives under this section.  Any awards under this 
 76.11  article must be paid from money in an efficiency savings 
 76.12  account.  One-half of the money in the account may be used for 
 76.13  awards under this section, and the remainder must be returned to 
 76.14  the fund from which the money was appropriated; 
 76.15     (7) no award shall be given except upon approval of a team 
 76.16  comprised of equal numbers of management and nonmanagement 
 76.17  employees selected by the commissioner of employee relations 
 76.18  from state employees outside of the department; and 
 76.19     (8) the economic awards granted to unrepresented employees 
 76.20  must be one-time awards, and must not add to the base salary of 
 76.21  employees. 
 76.22     Subd. 3.  [REPORTING.] The department of employee relations 
 76.23  must report to the legislature on October 1, 1996, and October 
 76.24  1, 1997, on the progress and results of the incentive programs 
 76.25  under this section.  The reports must include: 
 76.26     (1) a description of the measurable cost savings and 
 76.27  in-agency services that were used as the basis for rewards; and 
 76.28     (2) a list of the number and amount of awards granted. 
 76.29     Sec. 4.  [PROCUREMENT.] 
 76.30     Subdivision 1.  [PURPOSE.] The primary purpose of the laws 
 76.31  governing state contracting is to ensure that state agencies 
 76.32  obtain high quality goods and services at the least cost and in 
 76.33  the most efficient and effective manner.  The purpose of this 
 76.34  section is to establish a process to ensure that agencies obtain 
 76.35  goods and services in this manner, while removing rules and 
 76.36  procedures that cause unnecessary inefficiencies in the 
 77.1   purchasing system. 
 77.2      Subd. 2.  [PILOT PROJECT.] Notwithstanding any law to the 
 77.3   contrary, the governor shall designate an executive agency that, 
 77.4   during the biennium ending June 30, 1997, is exempt from any 
 77.5   law, rule, or administrative procedure that requires approval of 
 77.6   the commissioner of administration before an agency enters into 
 77.7   a contract.  The agency selected in this subdivision must 
 77.8   establish a process for obtaining goods and services that 
 77.9   complies with the policies in subdivision 1.  The process must 
 77.10  include guidelines to prevent conflicts of interest for agency 
 77.11  employees involved in developing bid specifications or 
 77.12  proposals, evaluating bids or proposals, entering into 
 77.13  contracts, or evaluating the performance of a contractor.  The 
 77.14  guidelines must attempt to ensure that such an employee: 
 77.15     (1) does not have any financial interest in and does not 
 77.16  personally benefit from the contract; 
 77.17     (2) does not accept from a contractor or bidder any 
 77.18  promise, obligation, contract for future reward, or gift, other 
 77.19  than an item of nominal value; and 
 77.20     (3) does not appear to have a conflict of interest because 
 77.21  of a family or close personal relationship to a contractor or 
 77.22  bidder, or because of a past employment or business relationship 
 77.23  with a contractor or bidder.  
 77.24     Upon request of the agency, the department of 
 77.25  administration shall provide the agency technical assistance in 
 77.26  designing such a process. 
 77.27     Subd. 3.  [EVALUATION.] The commissioner of administration, 
 77.28  in consultation with the agency selected in subdivision 2, shall 
 77.29  design and implement a system for evaluating the success of the 
 77.30  pilot project in subdivision 2.  The system specifically must: 
 77.31     (1) evaluate the extent to which the agency has been 
 77.32  successful in obtaining high quality goods and services at the 
 77.33  least cost in the absence of the traditional checks placed on 
 77.34  agencies by laws, rules, and procedures administered by the 
 77.35  commissioner of administration; 
 77.36     (2) quantify time and money saved in the procurement 
 78.1   process under the pilot project as compared to purchasing goods 
 78.2   and services under the traditional rules and procedures; and 
 78.3      (3) document the extent of complaints or problems arising 
 78.4   under the new system. 
 78.5      The agency involved in the pilot project under this section 
 78.6   and the commissioner of administration must report to the 
 78.7   legislature by October 1, 1996, and October 1, 1997, on the 
 78.8   progress and results of the project.  The reports must include 
 78.9   at least the elements required in clauses (1) to (3) and must 
 78.10  also make recommendations for legislative changes needed to 
 78.11  ensure that the state will have the most efficient and effective 
 78.12  system possible for purchasing goods and services. 
 78.13     Sec. 5.  [EFFECTIVE DATE.] 
 78.14     This article is effective on the day following final 
 78.15  enactment. 
 78.16                             ARTICLE 14
 78.17               PRESERVATION OF COLLECTIVE BARGAINING
 78.18     Section 1.  [POLICY.] 
 78.19     Nothing in article 13 authorizes the unilateral 
 78.20  modification or abrogation of a right under a collective 
 78.21  bargaining agreement.  The legislature affirmatively encourages 
 78.22  state agencies and bargaining units, when negotiating future 
 78.23  agreements, to allow for participation in pilot projects that 
 78.24  foster innovation, creativity, and productivity within the state 
 78.25  human resource system and within individual agencies, 
 78.26  departments, or units thereof. 
 78.27     Sec. 2.  [STUDY.] 
 78.28     The legislative coordinating commission or another 
 78.29  legislative commission designated by the legislative 
 78.30  coordinating commission shall study issues related to 
 78.31  determination of which public employees are supervisory and 
 78.32  confidential employees, as discussed in recent appellate court 
 78.33  decisions involving employees in McLeod and Scott counties.  The 
 78.34  commission shall determine what changes are needed in procedures 
 78.35  or rules of the bureau of mediation services, or in legislation, 
 78.36  to maintain an appropriate balance in the determination of which 
 79.1   employees are confidential and supervisory employees under 
 79.2   Minnesota Statutes, chapter 179A.  The commission shall report 
 79.3   conclusions and recommendations to the legislature by February 
 79.4   1, 1996. 
 79.5      Sec. 3.  [EFFECTIVE DATE.] 
 79.6      This article is effective on the day following final 
 79.7   enactment. 
 79.8                              ARTICLE 15
 79.9                       UNIVERSITY OF MINNESOTA 
 79.10     Section 1.  [UNIVERSITY OF MINNESOTA CONTRACTING.] 
 79.11     Notwithstanding any law to the contrary, the governor shall 
 79.12  designate one executive agency that will work with the 
 79.13  University of Minnesota to develop more efficient and effective 
 79.14  procedures for state agencies to contract with the University of 
 79.15  Minnesota.  Consideration shall be given to using a single 
 79.16  agency and a single set of administrative procedures for all 
 79.17  state contracting with the University.  As part of its 1998-1999 
 79.18  biennial budget request, the University of Minnesota shall 
 79.19  include measures demonstrating the efficiency gained through 
 79.20  these procedures and any recommendations for further 
 79.21  improvements. 
 79.22     Sec. 2.  [EFFECTIVE DATE.] 
 79.23     Section 1 is effective on the day following final enactment.
 79.24                             ARTICLE 16
 79.25                        BOARD OF INNOVATION
 79.26     Section 1.  [465.7971] [WAIVERS OF STATE RULES; POLICIES.] 
 79.27     Subdivision 1.  [APPLICATION.] A state agency may apply to 
 79.28  the board for a waiver from:  (1) an administrative rule or 
 79.29  policy adopted by the department of employee relations that 
 79.30  deals with the state personnel system; (2) an administrative 
 79.31  rule or policy of the department of administration that deals 
 79.32  with the state procurement system; or (3) a policy of the 
 79.33  department of finance that deals with the state accounting 
 79.34  system.  Two or more state agencies may submit a joint 
 79.35  application.  A waiver application must identify the rule or 
 79.36  policy at issue, and must describe the improved outcome sought 
 80.1   through the waiver. 
 80.2      Subd. 2.  [REVIEW PROCESS.] (a) The board shall review all 
 80.3   applications submitted under this section.  The board shall 
 80.4   dismiss an application if it finds that the application proposes 
 80.5   a waiver that would result in due process violations, violations 
 80.6   of federal law or the state or federal constitution, or the loss 
 80.7   of services to people who are entitled to them.  If a proposed 
 80.8   waiver would violate the terms of a collective bargaining 
 80.9   agreement effective under chapter 179A, the waiver is not 
 80.10  effective without the consent of the exclusive representative 
 80.11  that is a party to the agreement.  The board may approve a 
 80.12  waiver only if the board determines that if the waiver is 
 80.13  granted:  (1) services can be provided in a more efficient or 
 80.14  effective manner; and (2) services related to human resources 
 80.15  must be provided in a manner consistent with the policies 
 80.16  expressed in article 13, section 2, and in section 43A.01 and 
 80.17  services related to procurement must be provided in a manner 
 80.18  consistent with the policies expressed in article 13, section 4. 
 80.19  In the case of a waiver from a policy of the department of 
 80.20  finance, the board may approve the waiver only if it determines 
 80.21  that services will be provided in a more efficient or effective 
 80.22  manner and that state funds will be adequately accounted for and 
 80.23  safeguarded in a manner that complies with generally accepted 
 80.24  government accounting principles. 
 80.25     (b) Within 15 days of receipt of the application, the board 
 80.26  shall send a copy of the application to:  (1) the agency whose 
 80.27  rule or policy is involved; and (2) all exclusive 
 80.28  representatives who represent employees of the agency requesting 
 80.29  the waiver.  The agency whose rule or policy is involved may 
 80.30  mail a copy of the application to all persons who have 
 80.31  registered with the agency under section 14.14, subdivision 1a. 
 80.32     (c) The agency whose rule or policy is involved or an 
 80.33  exclusive representative shall notify the board of its agreement 
 80.34  with or objection to and grounds for objection to the waiver 
 80.35  within 60 days of the date when the application was transmitted 
 80.36  to the agency or the exclusive representative.  An agency's or 
 81.1   exclusive representative's failure to do so is considered 
 81.2   agreement to the waiver. 
 81.3      (d) If the agency or the exclusive representative objects 
 81.4   to the waiver, the board shall schedule a meeting at which the 
 81.5   agency requesting the waiver may present its case for the waiver 
 81.6   and the objecting party may respond.  The board shall decide 
 81.7   whether to grant a waiver at its next regularly scheduled 
 81.8   meeting following its receipt of an agency's response, or the 
 81.9   end of the 60-day response period, whichever occurs first.  If 
 81.10  consideration of an application is not concluded at the meeting, 
 81.11  the matter may be carried over to the next meeting of the 
 81.12  board.  Interested persons may submit written comments to the 
 81.13  board on the waiver request. 
 81.14     (e) If the board grants a request for a waiver, the board 
 81.15  and the agency requesting the waiver shall enter into an 
 81.16  agreement relating to the outcomes desired as a result of the 
 81.17  waiver and the means of measurement to determine whether those 
 81.18  outcomes have been achieved with the waiver.  The agreement must 
 81.19  specify the duration of the waiver, which must be for at least 
 81.20  two years and not more than four years.  If the board determines 
 81.21  that an agency to which a waiver is granted is failing to comply 
 81.22  with the terms of the agreement, the board may rescind the 
 81.23  agreement. 
 81.24     Subd. 3.  [BOARD.] For purposes of evaluating waiver 
 81.25  requests involving rules or policies of the department of 
 81.26  administration, the chief administrative law judge shall appoint 
 81.27  a third administrative law judge to replace the commissioner of 
 81.28  administration on the board. 
 81.29     Sec. 2.  [EFFECTIVE DATE.] 
 81.30     Section 1 is effective the day following final enactment. 
 81.31                             ARTICLE 17
 81.32                          LOCAL GOVERNMENT 
 81.33     Section 1.  Minnesota Statutes 1994, section 256B.056, is 
 81.34  amended by adding a subdivision to read: 
 81.35     Subd. 4a.  [ASSET VERIFICATION.] For purposes of 
 81.36  verification, the value of a life estate shall be considered not 
 82.1   saleable unless the owner of the remainder interest intends to 
 82.2   purchase the life estate, or the owner of the life estate and 
 82.3   the owner of the remainder sell the entire property. 
 82.4      Sec. 2.  Minnesota Statutes 1994, section 256B.056, is 
 82.5   amended by adding a subdivision to read: 
 82.6      Subd. 4b.  [INCOME VERIFICATION.] The local agency shall 
 82.7   not require a monthly income verification form for a recipient 
 82.8   who is a resident of a long-term care facility and who has 
 82.9   monthly earned income of $80 or less. 
 82.10     Sec. 3.  Minnesota Statutes 1994, section 256B.056, is 
 82.11  amended by adding a subdivision to read: 
 82.12     Subd. 5a.  [INDIVIDUALS ON FIXED INCOME.] Recipients of 
 82.13  medical assistance who receive only fixed unearned income, where 
 82.14  such income is unvarying in amount and timing of receipt 
 82.15  throughout the year, shall report and verify their income 
 82.16  annually. 
 82.17     Sec. 4.  Minnesota Statutes 1994, section 256B.056, is 
 82.18  amended by adding a subdivision to read: 
 82.19     Subd. 5b.  [INDIVIDUALS WITH LOW INCOME.] Recipients of 
 82.20  medical assistance not residing in a long-term care facility who 
 82.21  have slightly fluctuating income which is below the medical 
 82.22  assistance income limit shall report and verify their income on 
 82.23  a semiannual basis. 
 82.24     Sec. 5.  Minnesota Statutes 1994, section 256D.405, is 
 82.25  amended by adding a subdivision to read: 
 82.26     Subd. 1a.  [EXEMPTION.] Recipients who maintain 
 82.27  supplemental security income eligibility are exempt from the 
 82.28  reporting requirements of subdivision 1, except that the 
 82.29  policies and procedures of transfers of assets are those used by 
 82.30  the medical assistance program under section 256B.0595. 
 82.31     Sec. 6.  [RAMSEY CONSTRUCTION CONTRACTS; PILOT PROJECT FOR 
 82.32  ALTERNATIVE PROCUREMENT METHODS.] 
 82.33     Ramsey county may conduct a pilot project for construction 
 82.34  projects under this section.  Notwithstanding any other law, 
 82.35  Ramsey county may contract for the acquisition, construction, or 
 82.36  improvement of real property or buildings in a manner determined 
 83.1   by the county board, with or without advertising for bids.  
 83.2   Before proceeding without advertising for bids, the county board 
 83.3   shall, by a vote of at least five board members, make a 
 83.4   determination that an alternative construction procurement 
 83.5   method serves the interest of the public in regard to cost, 
 83.6   speed, and quality of construction.  Alternative construction 
 83.7   procurement methods include, but are not limited to:  (1) the 
 83.8   solicitation of proposals for construction on a design/build 
 83.9   basis and subsequent negotiation of contract terms; or (2) the 
 83.10  solicitation of proposals for a construction management 
 83.11  agreement which may include a guaranteed maximum price.  The 
 83.12  provisions of Minnesota Statutes, section 383A.201, apply to 
 83.13  this section.  Each year, before January 15, Ramsey county shall 
 83.14  report on actions taken under this section during the preceding 
 83.15  year to state house and senate legislative committees having 
 83.16  jurisdiction over local government matters.  The authority 
 83.17  provided in this section expires December 31, 1997. 
 83.18     Sec. 7.  [REPEALER.] 
 83.19     Minnesota Statutes 1994, section 256D.425, subdivision 3, 
 83.20  is repealed.  
 83.21     Sec. 8.  [EFFECTIVE DATE.] 
 83.22     Section 6 is effective on the day following final 
 83.23  enactment.  Sections 1 to 5 and 7 are effective August 1, 1995.  
 83.24  Section 3 ceases to be effective if a federal agency determines 
 83.25  that implementation of section 3 would cause a loss of federal 
 83.26  funding. 
 83.27                             ARTICLE 18
 83.28                     DEADLINE FOR AGENCY ACTION
 83.29     Section 1.  [15.99] [TIME DEADLINE FOR AGENCY ACTION.] 
 83.30     Subdivision 1.  [DEFINITION.] For purposes of this section, 
 83.31  "agency" means a department, agency, board, commission, or other 
 83.32  group in the executive branch of state government; a statutory 
 83.33  or home rule charter city, county, town, or school district; any 
 83.34  metropolitan agency or regional entity; and any other political 
 83.35  subdivision of the state. 
 83.36     Subd. 2.  [DEADLINE FOR RESPONSE.] Except as otherwise 
 84.1   provided in this section and notwithstanding any other law to 
 84.2   the contrary, an agency must approve or deny within 60 days a 
 84.3   written request relating to zoning, septic systems, or expansion 
 84.4   of the metropolitan urban service area for a permit, license, or 
 84.5   other governmental approval of an action.  Failure of an agency 
 84.6   to deny a request within 60 days is approval of the request.  If 
 84.7   an agency denies the request, it must state in writing the 
 84.8   reasons for the denial at the time that it denies the request. 
 84.9      Subd. 3.  [APPLICATION; EXTENSIONS.] (a) The time limit in 
 84.10  subdivision 2 begins upon the agency's receipt of a written 
 84.11  request containing all information required by law or by a 
 84.12  previously adopted rule, ordinance, or policy of the agency.  If 
 84.13  an agency receives a written request that does not contain all 
 84.14  required information, the 60-day limit starts over only if the 
 84.15  agency sends notice within ten business days of receipt of the 
 84.16  request telling the requester what information is missing. 
 84.17     (b) If an action relating to zoning, septic systems, or 
 84.18  expansion of the metropolitan urban service area requires the 
 84.19  approval of more than one state agency in the executive branch, 
 84.20  the 60-day period in subdivision 2 begins to run for all 
 84.21  executive branch agencies on the day a request containing all 
 84.22  required information is received by one state agency.  The 
 84.23  agency receiving the request must forward copies to other state 
 84.24  agencies whose approval is required. 
 84.25     (c) An agency response meets the 60-day time limit if the 
 84.26  agency can document that the response was sent within 60 days of 
 84.27  receipt of the written request. 
 84.28     (d) The time limit in subdivision 2 is extended if a state 
 84.29  statute, federal law, or court order requires a process to occur 
 84.30  before the agency acts on the request, and the time periods 
 84.31  prescribed in the state statute, federal law, or court order 
 84.32  make it impossible to act on the request within 60 days.  In 
 84.33  cases described in this paragraph, the deadline is extended to 
 84.34  60 days after completion of the last process required in the 
 84.35  applicable statute, law, or order.  Final approval of an agency 
 84.36  receiving a request is not considered a process for purposes of 
 85.1   this paragraph. 
 85.2      (e) The time limit in subdivision 2 is extended if:  (1) a 
 85.3   request submitted to a state agency requires prior approval of a 
 85.4   federal agency; or (2) an application submitted to a city, 
 85.5   county, town, school district, metropolitan or regional entity, 
 85.6   or other political subdivision requires prior approval of a 
 85.7   state or federal agency.  In cases described in this paragraph, 
 85.8   the deadline for agency action is extended to 60 days after the 
 85.9   required prior approval is granted. 
 85.10     (f) An agency may extend the timeline under this 
 85.11  subdivision before the end of the initial 60-day period by 
 85.12  providing written notice of the extension to the applicant.  The 
 85.13  notification must state the reasons for the extension and its 
 85.14  anticipated length, which may not exceed 60 days unless approved 
 85.15  by the applicant. 
 85.16     Sec. 2.  [EFFECTIVE DATE.] 
 85.17     Section 1 is effective July 1, 1995, and applies to any 
 85.18  written request submitted after that date. 
 85.19                             ARTICLE 19
 85.20                   STATE AGENCY CUSTOMER SERVICE
 85.21     Section 1.  [15.101] [CUSTOMER SERVICE.] 
 85.22     Subdivision 1.  [DEFINITIONS.] For purposes of this section 
 85.23  and section 15.102: 
 85.24     (1) "business license" or "license" has the meaning given 
 85.25  it in section 116J.70, subdivision 2, and also includes licenses 
 85.26  and other forms of approval listed in section 116J.70, 
 85.27  subdivision 2a, clauses (7) and (8), but does not include those 
 85.28  listed in subdivision 2a, clauses (1) to (6); 
 85.29     (2) "customer" means an individual; a small business as 
 85.30  defined in section 645.445, but also including a nonprofit 
 85.31  corporation that otherwise meets the criteria in that section; a 
 85.32  family farm, family farm corporation, or family farm partnership 
 85.33  as defined in section 500.24, subdivision 2; or a political 
 85.34  subdivision as defined in section 3.881, subdivision 2; 
 85.35     (3) "initial agency" means the state agency to which a 
 85.36  customer submits an application for a license or inquires about 
 86.1   submitting an application; and 
 86.2      (4) "responsible agency" means the initial agency or 
 86.3   another state agency that agrees to be designated the 
 86.4   responsible agency. 
 86.5      Subd. 2.  [RESPONSIBILITY FOR CUSTOMER NEEDS.] (a) When a 
 86.6   customer applies to a state agency for a license to engage in 
 86.7   activity, the agency is responsible for providing the customer 
 86.8   with information the customer needs from the state to complete 
 86.9   the application, including information on any other agency or 
 86.10  agencies that must take action before the license may be granted 
 86.11  or that must issue a separate license before the customer may 
 86.12  proceed with the activity.  The employee of the initial agency 
 86.13  or responsible agency who accepts the customer's application or 
 86.14  inquiry regarding an application shall provide the customer with 
 86.15  the employee's name, title, and work telephone number and shall 
 86.16  inform the customer that the employee will be available to 
 86.17  provide assistance and information as the customer proceeds with 
 86.18  the application and awaits the agency's action on it. 
 86.19     (b) If the responsible agency determines that another state 
 86.20  agency or agencies must act on an application, the responsible 
 86.21  agency shall forward all necessary application forms and other 
 86.22  required information to the other agency or agencies and shall 
 86.23  coordinate with the other agency or agencies in an effort to 
 86.24  assure that all action on the application is completed within 
 86.25  the time specified in section 15.102. 
 86.26     (c) At the request of a customer, the responsible agency 
 86.27  shall prepare a written work plan, which is not a binding 
 86.28  contract, setting out the steps necessary for the customer to 
 86.29  complete the application, the time when the responsible agency 
 86.30  may be expected to take action on the application, the steps the 
 86.31  responsible agency will take to forward an application or 
 86.32  required information to any other state agency or agencies that 
 86.33  must take action, and the process by which the other agency or 
 86.34  agencies may be expected to act.  The work plan must include 
 86.35  information on the deadline for agency action under section 
 86.36  15.102 and on the result of agency failure to meet the 
 87.1   deadline.  The work plan must be provided to a customer no later 
 87.2   than 20 working days after the customer requested the plan. 
 87.3      Sec. 2.  [15.102] [TIME LIMITATION.] 
 87.4      Subdivision 1.  [DEADLINE FOR ACTION.] Unless a shorter 
 87.5   period is provided by law, all state agencies that must act on a 
 87.6   customer's application for a license shall take final action on 
 87.7   it within 60 days after the customer's submission of a completed 
 87.8   application to the responsible agency or within 60 days after 
 87.9   the customer has been provided with a work plan under section 
 87.10  15.101, subdivision 2, paragraph (c), whichever is later.  If 
 87.11  action on the application is not completed within 60 days, the 
 87.12  license is deemed to be granted.  The time period specified in 
 87.13  this subdivision does not begin to run until the customer has 
 87.14  completed any required application in complete, correct form and 
 87.15  has provided any additional required information or 
 87.16  documentation. 
 87.17     Subd. 2.  [LONGER TIME LIMITS.] An agency may provide for a 
 87.18  longer time for the conclusion of action on an application, by 
 87.19  itself and by another agency or agencies, if: 
 87.20     (1) the agency states in writing to the customer that a 
 87.21  longer time is needed to protect against serious and significant 
 87.22  harm to the public health, safety, or welfare, states the reason 
 87.23  why, and specifies the additional time needed; 
 87.24     (2) the agency states in writing to the customer that a 
 87.25  longer time is needed to comply with state or federal 
 87.26  requirements, states the requirements, and specifies the 
 87.27  additional time needed; or 
 87.28     (3) an agency that must take action on an application is a 
 87.29  multimember board that meets periodically, in which case the 
 87.30  agency must complete its action within 60 days after its first 
 87.31  meeting after receipt of the application, or within a longer 
 87.32  period established under clause (1) or (2). 
 87.33     Subd. 3.  [EXCLUSIONS.] This section does not apply to an 
 87.34  application requiring one or more public hearings or an 
 87.35  environmental impact statement or environmental assessment 
 87.36  worksheet. 
 88.1      Subd. 4.  [COMPLIANCE.] When a license is deemed granted 
 88.2   under subdivision 1, this section does not limit the right of an 
 88.3   agency to suspend, limit, revoke, or change a license for 
 88.4   failure of the customer to comply with applicable laws or rules. 
 88.5      Subd. 5.  [LIMIT ON REVIEW.] A decision of an agency under 
 88.6   subdivision 2 that a time longer than 60 days is needed to 
 88.7   complete action on an application is not subject to judicial 
 88.8   review. 
 88.9      Sec. 3.  [15.103] [OTHER LAW.] 
 88.10     A state agency action that is subject to section 15.99 is 
 88.11  governed by section 15.99 if there is a conflict between that 
 88.12  section and sections 15.101 and 15.102. 
 88.13     Sec. 4.  [NO ADDITIONAL RESOURCES.] 
 88.14     During the biennium ending June 30, 1997, agencies shall 
 88.15  comply with sections 1 and 2 with their existing complements and 
 88.16  appropriations.