HF 138

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; reducing appropriations 
  1.3             for the fiscal year ending June 30, 2003; modifying 
  1.4             certain provisions related to state government; 
  1.5             amending Minnesota Statutes 2002, sections 16A.17, by 
  1.6             adding a subdivision; 16B.47; 16B.48, subdivision 2; 
  1.7             16B.49; 16C.08, subdivisions 2, 3; 16C.09; 16E.07, 
  1.8             subdivision 9; 136F.77, subdivision 3; 268.186; 
  1.9             repealing Minnesota Statutes 2002, sections 16B.50; 
  1.10            16C.07; 43A.047. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12                             ARTICLE 1 
  1.13                    STATE GOVERNMENT REDUCTIONS 
  1.14  Section 1.  [STATE GOVERNMENT REDUCTIONS.] 
  1.15     The dollar amounts in the columns under "APPROPRIATION 
  1.16  CHANGE," shown in parentheses, are subtracted from the 
  1.17  appropriations in Laws 2001, First Special Session chapter 10, 
  1.18  as amended by Laws 2002, chapters 220 and 374, or other law to 
  1.19  the specified agencies.  The amounts are from the general fund 
  1.20  or other named fund.  The figure "2003" means that the 
  1.21  subtraction from the appropriations listed under the figure is 
  1.22  for the fiscal year ending June 30, 2003. 
  1.23                                              APPROPRIATION CHANGE
  1.24  Sec. 2.  LEGISLATURE 
  1.25  Subdivision 1.  Total Reduction                      (3,095,000)
  1.26  Subd. 2.  House of Representatives     
  1.27                           (640,000) 
  1.28  Subd. 3.  Senate                    
  2.1                          (1,700,000) 
  2.2   Subd. 4.  Legislative Coordinating 
  2.3   Commission                              
  2.4                            (755,000)
  2.5   Sec. 3.  SECRETARY OF STATE                            (164,000)
  2.6   Sec. 4.  GOVERNOR'S OFFICE                             (162,000)
  2.7   Sec. 5.  STATE AUDITOR                                 (390,000)
  2.8   Sec. 6.  ATTORNEY GENERAL                            (1,168,000)
  2.9   Sec. 7.  OFFICE OF STRATEGIC
  2.10  AND LONG-RANGE PLANNING                                (338,000)
  2.11  Sec. 8.  ADMINISTRATION                              (1,411,000)
  2.12  $1,000,000 of the balance in the 
  2.13  facility repair and replacement account 
  2.14  in the state government special revenue 
  2.15  fund is canceled to the general fund.  
  2.16  This is a onetime cancellation. 
  2.17  $950,000 from the voting equipment 
  2.18  grant account is canceled to the 
  2.19  general fund on a onetime basis. 
  2.20  $300 is a reduction in the 
  2.21  appropriation for the state employees' 
  2.22  band. 
  2.23  Sec. 9.  FINANCE                                       (694,000)
  2.24  Sec. 10.  EMPLOYEE RELATIONS                           (305,000)
  2.25  Sec. 11.  REVENUE                                    (1,810,000)
  2.26  Sec. 12.  AMATEUR SPORTS COMMISSION                     (25,000)
  2.27  Sec. 13.  MILITARY AFFAIRS                             (413,000)
  2.28  Sec. 14.  VETERANS AFFAIRS                             (186,000)
  2.29  Sec. 15.  CAMPAIGN FINANCE AND
  2.30  PUBLIC DISCLOSURE BOARD                                 (27,000)
  2.31  Sec. 16.  INVESTMENT BOARD                              (90,000)
  2.32  Sec. 17.  LAWFUL GAMBLING CONTROL BOARD                 (89,000)
  2.33  Sec. 18.  MINNESOTA RACING COMMISSION                   (16,000)
  2.34     Sec. 19.  [CANCELLATION.] 
  2.35     The unspent and unencumbered balance of the appropriation 
  2.36  in Laws 1995, chapter 254, article 1, section 13, to the capitol 
  2.37  area architectural and planning board for predesign and design 
  2.38  of the Korean War veterans' memorial is canceled on a onetime 
  2.39  basis. 
  2.40     Sec. 20.  [REDUCTIONS TO BASE.] 
  2.41     The reductions in sections 2 to 18 are permanent reductions 
  3.1   in the base unless otherwise indicated. 
  3.2      Sec. 21.  [EFFECTIVE DATE.] 
  3.3      Sections 1 to 20 are effective the day following final 
  3.4   enactment, unless otherwise specified. 
  3.5                              ARTICLE 2 
  3.6                      STATE GOVERNMENT LANGUAGE 
  3.7      Section 1.  Minnesota Statutes 2002, section 16A.17, is 
  3.8   amended by adding a subdivision to read: 
  3.9      Subd. 10.  [DIRECT DEPOSIT.] Notwithstanding section 
  3.10  177.23, the commissioner may require direct deposit for all 
  3.11  state employees who are being paid by the state payroll system. 
  3.12     Sec. 2.  Minnesota Statutes 2002, section 16B.47, is 
  3.13  amended to read: 
  3.14     16B.47 [MICROGRAPHICS.] 
  3.15     The commissioner shall may provide micrographics services 
  3.16  and products to meet agency needs.  Within available resources, 
  3.17  the commissioner may also provide micrographic services to 
  3.18  political subdivisions.  Agency plans and programs for 
  3.19  micrographics must be submitted to and receive the approval of 
  3.20  the commissioner prior to implementation.  Upon the 
  3.21  commissioner's approval, subsidiary or independent microfilm 
  3.22  operations may be implemented in other state agencies.  The 
  3.23  commissioner may direct that copies of official state documents 
  3.24  be distributed to official state depositories on microfilm.  
  3.25     Sec. 3.  Minnesota Statutes 2002, section 16B.48, 
  3.26  subdivision 2, is amended to read: 
  3.27     Subd. 2.  [PURPOSE OF FUNDS.] Money in the state treasury 
  3.28  credited to the general services revolving fund and money that 
  3.29  is deposited in the fund is appropriated annually to the 
  3.30  commissioner for the following purposes:  
  3.31     (1) to operate a central store and equipment service; 
  3.32     (2) to operate a central duplication and printing service; 
  3.33     (3) to operate the central mailing service, including 
  3.34  purchasing postage and related items and refunding postage 
  3.35  deposits; 
  3.36     (4) (3) to operate a documents service as prescribed by 
  4.1   section 16B.51; 
  4.2      (5) (4) to provide services for the maintenance, operation, 
  4.3   and upkeep of buildings and grounds managed by the commissioner 
  4.4   of administration; 
  4.5      (6) (5) to operate a materials handling service, including 
  4.6   interagency mail and product delivery, solid waste removal, 
  4.7   courier service, equipment rental, and vehicle and equipment 
  4.8   maintenance; 
  4.9      (7) (6) to provide analytical, statistical, and 
  4.10  organizational development services to state agencies, local 
  4.11  units of government, metropolitan and regional agencies, and 
  4.12  school districts; 
  4.13     (8) (7) to operate a records center and provide 
  4.14  micrographics products and services; and 
  4.15     (9) (8) to perform services for any other agency.  Money 
  4.16  may be expended for this purpose only when directed by the 
  4.17  governor. The agency receiving the services shall reimburse the 
  4.18  fund for their cost, and the commissioner shall make the 
  4.19  appropriate transfers when requested.  The term "services" as 
  4.20  used in this clause means compensation paid officers and 
  4.21  employees of the state government; supplies, materials, 
  4.22  equipment, and other articles and things used by or furnished to 
  4.23  an agency; and utility services and other services for the 
  4.24  maintenance, operation, and upkeep of buildings and offices of 
  4.25  the state government. 
  4.26     Sec. 4.  Minnesota Statutes 2002, section 16B.49, is 
  4.27  amended to read: 
  4.28     16B.49 [CENTRAL MAILING SYSTEM.] 
  4.29     The commissioner shall may maintain and operate for state 
  4.30  agencies, departments, institutions, and offices a central mail 
  4.31  handling unit.  Official, outgoing mail for units in St. Paul 
  4.32  must may be required to be delivered unstamped to the unit.  The 
  4.33  unit shall may also operate an interoffice mail distribution 
  4.34  system.  The department may add personnel and acquire equipment 
  4.35  that may be necessary to operate the unit efficiently and 
  4.36  cost-effectively.  Account must be kept of the postage required 
  5.1   on that mail, which is then a proper charge against the agency 
  5.2   delivering the mail.  To provide funds for the payment of 
  5.3   postage, each agency shall may be required to make advance 
  5.4   payments to the commissioner sufficient to cover its postage 
  5.5   obligations for at least 60 days.  For purposes of this section, 
  5.6   the Minnesota state colleges and universities is a state agency. 
  5.7      Sec. 5.  Minnesota Statutes 2002, section 16C.08, 
  5.8   subdivision 2, is amended to read: 
  5.9      Subd. 2.  [DUTIES OF CONTRACTING AGENCY.] Before an agency 
  5.10  may seek approval of a professional or technical services 
  5.11  contract valued in excess of $5,000, it must certify to the 
  5.12  commissioner that: 
  5.13     (1) no current state employee is able and available to 
  5.14  perform the services called for by the contract; 
  5.15     (2) the normal competitive bidding mechanisms will not 
  5.16  provide for adequate performance of the services; 
  5.17     (3) (2) the contractor has certified that the product of 
  5.18  the services will be original in character; 
  5.19     (4) (3) reasonable efforts were made to publicize the 
  5.20  availability of the contract to the public; 
  5.21     (5) (4) the agency has received, reviewed, and accepted a 
  5.22  detailed work plan from the contractor for performance under the 
  5.23  contract, if applicable; 
  5.24     (6) (5) the agency has developed, and fully intends to 
  5.25  implement, a written plan providing for the assignment of 
  5.26  specific agency personnel to a monitoring and liaison function, 
  5.27  the periodic review of interim reports or other indications of 
  5.28  past performance, and the ultimate utilization of the final 
  5.29  product of the services; and 
  5.30     (7) (6) the agency will not allow the contractor to begin 
  5.31  work before funds are fully encumbered.  
  5.32     Sec. 6.  Minnesota Statutes 2002, section 16C.08, 
  5.33  subdivision 3, is amended to read: 
  5.34     Subd. 3.  [PROCEDURE FOR PROFESSIONAL OR TECHNICAL SERVICES 
  5.35  CONTRACTS.] Before approving a proposed contract for 
  5.36  professional or technical services, the commissioner must 
  6.1   determine, at least, that: 
  6.2      (1) all provisions of subdivision 2 and section 16C.16 have 
  6.3   been verified or complied with; 
  6.4      (2) the work to be performed under the contract is 
  6.5   necessary to the agency's achievement of its statutory 
  6.6   responsibilities and there is statutory authority to enter into 
  6.7   the contract; 
  6.8      (3) the contract will not establish an employment 
  6.9   relationship between the state or the agency and any persons 
  6.10  performing under the contract; 
  6.11     (4) the contractor and agents are not employees of the 
  6.12  state; 
  6.13     (5) no agency has previously performed or contracted for 
  6.14  the performance of tasks which would be substantially duplicated 
  6.15  under the proposed contract; 
  6.16     (6) the contracting agency has specified a satisfactory 
  6.17  method of evaluating and using the results of the work to be 
  6.18  performed; and 
  6.19     (7) (6) the combined contract and amendments will not 
  6.20  exceed five years, unless otherwise provided for by law.  The 
  6.21  term of the original contract must not exceed two years unless 
  6.22  the commissioner determines that a longer duration is in the 
  6.23  best interest of the state. 
  6.24     Sec. 7.  Minnesota Statutes 2002, section 16C.09, is 
  6.25  amended to read: 
  6.26     16C.09 [PROCEDURE FOR SERVICE CONTRACTS.] 
  6.27     (a) Before entering into or approving a service contract, 
  6.28  the commissioner must determine, at least, that: 
  6.29     (1) no current state employee is able and available to 
  6.30  perform the services called for by the contract; 
  6.31     (2) the work to be performed under the contract is 
  6.32  necessary to the agency's achievement of its statutory 
  6.33  responsibilities and there is statutory authority to enter into 
  6.34  the contract; 
  6.35     (3) (2) the contract will not establish an employment 
  6.36  relationship between the state or the agency and any persons 
  7.1   performing under the contract; 
  7.2      (4) (3) the contractor and agents are not employees of the 
  7.3   state; 
  7.4      (5) (4) the contracting agency has specified a satisfactory 
  7.5   method of evaluating and using the results of the work to be 
  7.6   performed; and 
  7.7      (6) (5) the combined contract and amendments will not 
  7.8   exceed five years without specific, written approval by the 
  7.9   commissioner according to established policy, procedures, and 
  7.10  standards, or unless otherwise provided for by law.  The term of 
  7.11  the original contract must not exceed two years, unless the 
  7.12  commissioner determines that a longer duration is in the best 
  7.13  interest of the state.  
  7.14     (b) For purposes of paragraph (a), clause (1), employees 
  7.15  are available if qualified and: 
  7.16     (1) are already doing the work in question; or 
  7.17     (2) are on layoff status in classes that can do the work in 
  7.18  question. 
  7.19  An employee is not available if the employee is doing other 
  7.20  work, is retired, or has decided not to do the work in question. 
  7.21     Sec. 8.  Minnesota Statutes 2002, section 16E.07, 
  7.22  subdivision 9, is amended to read: 
  7.23     Subd. 9.  [AGGREGATION OF SERVICE DEMAND.] The office shall 
  7.24  identify opportunities to aggregate demand for technical 
  7.25  services required by government units for online activities and 
  7.26  may contract with governmental or nongovernmental entities to 
  7.27  provide services.  These contracts are not subject to the 
  7.28  requirements of chapters 16B and 16C, except sections 16C.04, 
  7.29  16C.07, 16C.08, and 16C.09. 
  7.30     Sec. 9.  Minnesota Statutes 2002, section 136F.77, 
  7.31  subdivision 3, is amended to read: 
  7.32     Subd. 3.  [NO ABROGATION.] Nothing in this section shall 
  7.33  abrogate the provisions of sections 43A.047 and section 136F.581.
  7.34     Sec. 10.  Minnesota Statutes 2002, section 268.186, is 
  7.35  amended to read: 
  7.36     268.186 [RECORDS.] 
  8.1      (a) Each employer shall keep true and accurate records for 
  8.2   the periods of time and containing the information the 
  8.3   commissioner may require.  For the purpose of administering this 
  8.4   chapter, the commissioner has the power to examine, or cause to 
  8.5   be supplied or copied, any books, correspondence, papers, 
  8.6   records, or memoranda that are relevant, whether the books, 
  8.7   correspondence, papers, records, or memoranda are the property 
  8.8   of or in the possession of the employer or any other person at 
  8.9   any reasonable time and as often as may be necessary. 
  8.10     (b) The commissioner may make summaries, compilations, 
  8.11  photographs, duplications, or reproductions of any records, or 
  8.12  reports that the commissioner considers advisable for the 
  8.13  preservation of the information contained therein.  Any 
  8.14  summaries, compilations, photographs, duplications, or 
  8.15  reproductions shall be admissible in any proceeding under this 
  8.16  chapter.  Regardless of any restrictions contained in section 
  8.17  16B.50, The commissioner may duplicate records, reports, 
  8.18  summaries, compilations, instructions, determinations, or any 
  8.19  other written or recorded matter pertaining to the 
  8.20  administration of this chapter. 
  8.21     (c) Regardless of any law to the contrary, the commissioner 
  8.22  may provide for the destruction of any records, reports, or 
  8.23  reproductions thereof, or other papers, that are more than two 
  8.24  years old, and that are no longer necessary for determining 
  8.25  employer liability or an applicant's unemployment benefit rights 
  8.26  or for the administration of this chapter, including any 
  8.27  required audit.  The commissioner may provide for the 
  8.28  destruction or disposition of any record, report, or other paper 
  8.29  that has been photographed, duplicated, or reproduced. 
  8.30     Sec. 11.  [SALARY SAVINGS.] 
  8.31     Each appointing authority in the executive, legislative, 
  8.32  and judicial branches of state government, the Minnesota state 
  8.33  retirement system, the teachers retirement system, the public 
  8.34  employees retirement system, the metropolitan council, and the 
  8.35  state historical society shall determine whether use of 
  8.36  mandatory unpaid leave is necessary to meet its budget reduction 
  9.1   goals.  Each appointing authority may require unpaid leave and 
  9.2   shall establish the number of hours to be used by its employees, 
  9.3   excluding intermittent and emergency appointments, which must 
  9.4   not exceed 80 hours for full-time employees and a proportional 
  9.5   share of 80 hours for less than full-time employees.  Employees 
  9.6   may request and appointing authorities may approve additional 
  9.7   hours of unpaid leave. 
  9.8      Unpaid leave must be used between the effective date of 
  9.9   this section and June 30, 2003.  Employees on unpaid leave under 
  9.10  this section shall continue to accrue vacation and sick leave, 
  9.11  seniority, and service credit in state retirement plans 
  9.12  permitting service credit for authorized leaves of absence and 
  9.13  shall be eligible for paid holidays and insurance benefits as if 
  9.14  the employee had worked the hours of unpaid leave.  For purposes 
  9.15  of overtime, hours of unpaid leave must be treated as paid 
  9.16  vacation leave.  For employees taking unpaid leave under this 
  9.17  section, any requirement to reduce vacation leave balances by 
  9.18  the end of the fiscal year is suspended for the year ending June 
  9.19  30, 2003.  Appointing authorities retain discretion to approve 
  9.20  or disapprove when leave is used and to schedule leave for 
  9.21  employees who have not arranged by April 1, 2003, to take the 
  9.22  required number of hours.  Unpaid leave under this section is 
  9.23  not subject to the provisions of collective bargaining 
  9.24  agreements and plans for unrepresented employees and is not 
  9.25  subject to collective bargaining under chapter 179A. 
  9.26     Sec. 12.  [GRANTS.] 
  9.27     Notwithstanding any law to the contrary, no executive 
  9.28  branch official may take an action that would reduce an 
  9.29  appropriation for grants and contracts for transmission of 
  9.30  legislative activities.  The executive branch must continue to 
  9.31  make available the full amount of the appropriation for these 
  9.32  purposes in Laws 2001, First Special Session chapter 10, article 
  9.33  1, section 12, subdivision 8. 
  9.34     Sec. 13.  [REPEALER.] 
  9.35     Minnesota Statutes 2002, sections 16B.50; 16C.07; and 
  9.36  43A.047, are repealed. 
 10.1      Sec. 14.  [EFFECTIVE DATE.] 
 10.2      Sections 1 to 13 are effective the day following final 
 10.3   enactment.