HF 1186

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state departments; abolishing the office 
  1.3             of strategic and long-range planning and transferring 
  1.4             certain powers, responsibilities, and duties to other 
  1.5             agencies; amending Minnesota Statutes 1994, sections 
  1.6             4.045; 16B.42, subdivision 1; 16B.87, subdivision 1; 
  1.7             43A.08, subdivision 1; 103F.211, subdivision 2; 
  1.8             116C.03, subdivisions 2, 4, and 5; 144A.31, 
  1.9             subdivisions 1 and 6; 245.697, subdivision 2a; and 
  1.10            477A.014, subdivision 4; proposing coding for new law 
  1.11            in Minnesota Statutes, chapters 16B; and 241; 
  1.12            repealing Minnesota Statutes 1994, sections 4A.01; 
  1.13            4A.02; 4A.03; 4A.04; 4A.05; and 4A.06. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  [DEPARTMENT OF STRATEGIC AND LONG-RANGE 
  1.16  PLANNING ABOLISHED; RESPONSIBILITIES TRANSFERRED.] 
  1.17     The office of strategic and long-range planning is 
  1.18  abolished.  Certain powers, duties, and responsibilities are 
  1.19  transferred to new agencies under Minnesota Statutes, section 
  1.20  15.039, as follows:  the duties of the state demographer and the 
  1.21  land management information center are transferred to the 
  1.22  department of administration and the duties of the criminal 
  1.23  justice statistical analysis center are transferred to the 
  1.24  department of corrections.  Duties performed by the office for 
  1.25  the environmental quality board are transferred to the pollution 
  1.26  control agency. 
  1.27     Sec. 2.  Minnesota Statutes 1994, section 4.045, is amended 
  1.28  to read: 
  1.29     4.045 [CHILDREN'S CABINET.] 
  2.1      The children's cabinet shall consist of the commissioners 
  2.2   of education, human services, economic security, public safety, 
  2.3   corrections, finance, health, administration, housing finance 
  2.4   agency, and transportation, and the director of the office of 
  2.5   strategic and long-range planning.  The governor shall designate 
  2.6   one member to serve as cabinet chair.  The chair is responsible 
  2.7   for ensuring that the duties of the children's cabinet are 
  2.8   performed. 
  2.9      Sec. 3.  Minnesota Statutes 1994, section 16B.42, 
  2.10  subdivision 1, is amended to read: 
  2.11     Subdivision 1.  [COMPOSITION.] The intergovernmental 
  2.12  information systems advisory council is composed of (1) two 
  2.13  members from each of the following groups:  counties outside of 
  2.14  the seven-county metropolitan area, cities of the second and 
  2.15  third class outside the metropolitan area, cities of the second 
  2.16  and third class within the metropolitan area, and cities of the 
  2.17  fourth class; (2) one member from each of the following groups:  
  2.18  the metropolitan council, an outstate regional body, counties 
  2.19  within the metropolitan area, cities of the first class, school 
  2.20  districts in the metropolitan area, school districts outside the 
  2.21  metropolitan area, and public libraries; (3) one member each 
  2.22  appointed by the state departments of education, human services, 
  2.23  revenue, and economic security, the office of strategic and 
  2.24  long-range planning, and the legislative auditor; (4) one member 
  2.25  from the office of the state auditor, appointed by the auditor; 
  2.26  (5) the assistant commissioner of administration for the 
  2.27  information policy office; (6) one member appointed by each of 
  2.28  the following organizations:  league of Minnesota cities, 
  2.29  association of Minnesota counties, Minnesota association of 
  2.30  township officers, and Minnesota association of school 
  2.31  administrators; and (7) one member of the house of 
  2.32  representatives appointed by the speaker and one member of the 
  2.33  senate appointed by the subcommittee on committees of the 
  2.34  committee on rules and administration.  The legislative members 
  2.35  appointed under clause (7) are nonvoting members.  The 
  2.36  commissioner of administration shall appoint members under 
  3.1   clauses (1) and (2).  The terms, compensation, and removal of 
  3.2   the appointed members of the advisory council are as provided in 
  3.3   section 15.059, but the council does not expire until June 30, 
  3.4   1997. 
  3.5      Sec. 4.  Minnesota Statutes 1994, section 16B.87, 
  3.6   subdivision 1, is amended to read: 
  3.7      Subdivision 1.  [COMMITTEE.] The productivity loan 
  3.8   committee consists of the commissioners of administration, 
  3.9   finance, revenue, and employee relations, and the state planning 
  3.10  director.  The commissioner of administration serves as chair of 
  3.11  the committee.  The members serve without compensation or 
  3.12  reimbursement for expenses. 
  3.13     Sec. 5.  [16B.90] [STATE DEMOGRAPHER.] 
  3.14     The commissioner shall appoint a state demographer.  The 
  3.15  demographer must be professionally competent in demography and 
  3.16  must possess demonstrated ability based upon past performance.  
  3.17  The demographer shall: 
  3.18     (1) continuously gather and develop demographic data 
  3.19  relevant to the state; 
  3.20     (2) design and test methods of research and data 
  3.21  collection; 
  3.22     (3) periodically prepare population projections for the 
  3.23  state and designated regions and periodically prepare 
  3.24  projections for each county or other political subdivision of 
  3.25  the state as necessary to carry out the purposes of this 
  3.26  section; 
  3.27     (4) review, comment on, and prepare analysis of population 
  3.28  estimates and projections made by state agencies, political 
  3.29  subdivisions, other states, federal agencies, or nongovernmental 
  3.30  persons, institutions, or commissions; 
  3.31     (5) serve as the state liaison with the federal Bureau of 
  3.32  the Census, coordinate state and federal demographic activities 
  3.33  to the fullest extent possible, and aid the legislature in 
  3.34  preparing a census data plan and form for each decennial census; 
  3.35     (6) compile an annual study of population estimates on the 
  3.36  basis of county, regional, or other political or geographical 
  4.1   subdivisions as necessary to carry out the purposes of this 
  4.2   section and section 16B.91; 
  4.3      (7) by January 1 of each year, issue a report to the 
  4.4   legislature containing an analysis of the demographic 
  4.5   implications of the annual population study and population 
  4.6   projections; 
  4.7      (8) prepare maps for all counties in the state, all 
  4.8   municipalities with a population of 10,000 or more, and other 
  4.9   municipalities as needed for census purposes, according to scale 
  4.10  and detail recommended by the federal Bureau of the Census, with 
  4.11  the maps of cities showing precinct boundaries; and 
  4.12     (9) prepare an estimate of population and of the number of 
  4.13  households for each governmental subdivision for which the 
  4.14  metropolitan council does not prepare an annual estimate, and 
  4.15  convey the estimates to the governing body of each political 
  4.16  subdivision by May 1 of each year. 
  4.17     Sec. 6.  [16B.91] [POPULATION ESTIMATES AND PROJECTIONS; 
  4.18  SUBMISSION BY STATE AGENCIES.] 
  4.19     Each state agency shall submit to the commissioner for 
  4.20  comment all population estimates and projections prepared by it 
  4.21  before: 
  4.22     (1) submitting the estimates and projections to the 
  4.23  legislature or the federal government to obtain approval of 
  4.24  grants; 
  4.25     (2) the issuance of bonds based upon those estimates and 
  4.26  projections; or 
  4.27     (3) releasing a plan based upon the estimates and 
  4.28  projections. 
  4.29     Sec. 7.  [16B.92] [LAND MANAGEMENT INFORMATION CENTER.] 
  4.30     Subdivision 1.  [PURPOSE.] The purpose of the land 
  4.31  management information center is to foster integration of 
  4.32  environmental information and provide services in computer 
  4.33  mapping and graphics, environmental analysis, and small systems 
  4.34  development.  The commissioner, through the center, shall 
  4.35  periodically study land use and natural resources on the basis 
  4.36  of county, regional, and other political subdivisions. 
  5.1      Subd. 2.  [STATEWIDE NITRATE DATABASE.] The commissioner, 
  5.2   through the center, shall maintain a statewide nitrate database 
  5.3   containing the data described in section 103A.403. 
  5.4      Subd. 3.  [FEES.] The commissioner shall set fees under 
  5.5   section 16A.1285 reflecting the actual costs of providing the 
  5.6   center's information products and services to clients.  Fees 
  5.7   collected must be deposited in the state treasury and credited 
  5.8   to the land management information center revolving account.  
  5.9   Money in the account is appropriated to the commissioner for 
  5.10  operation of the land management information system, including 
  5.11  the cost of services, supplies, materials, labor, and equipment, 
  5.12  as well as the portion of the general support costs and 
  5.13  statewide indirect costs of the office that is attributable to 
  5.14  the land management information system.  The commissioner may 
  5.15  require a state agency to make an advance payment to the 
  5.16  revolving fund sufficient to cover the agency's estimated 
  5.17  obligation for a period of 60 days or more.  If the revolving 
  5.18  fund is abolished or liquidated, the total net profit from 
  5.19  operations must be distributed to the funds from which purchases 
  5.20  were made.  The amount to be distributed to each fund must bear 
  5.21  to the net profit the same ratio as the total purchases from 
  5.22  each fund bear to the total purchases from all the funds during 
  5.23  a period of time that fairly reflects the amount of net profit 
  5.24  each fund is entitled to receive under this distribution. 
  5.25     Sec. 8.  Minnesota Statutes 1994, section 43A.08, 
  5.26  subdivision 1, is amended to read: 
  5.27     Subdivision 1.  [UNCLASSIFIED POSITIONS.] Unclassified 
  5.28  positions are held by employees who are: 
  5.29     (1) chosen by election or appointed to fill an elective 
  5.30  office; 
  5.31     (2) heads of agencies required by law to be appointed by 
  5.32  the governor or other elective officers, and the executive or 
  5.33  administrative heads of departments, bureaus, divisions, and 
  5.34  institutions specifically established by law in the unclassified 
  5.35  service; 
  5.36     (3) deputy and assistant agency heads and one confidential 
  6.1   secretary in the agencies listed in subdivision 1a and in the 
  6.2   office of strategic and long-range planning; 
  6.3      (4) the confidential secretary to each of the elective 
  6.4   officers of this state and, for the secretary of state, state 
  6.5   auditor, and state treasurer, an additional deputy, clerk, or 
  6.6   employee; 
  6.7      (5) intermittent help employed by the commissioner of 
  6.8   public safety to assist in the issuance of vehicle licenses; 
  6.9      (6) employees in the offices of the governor and of the 
  6.10  lieutenant governor and one confidential employee for the 
  6.11  governor in the office of the adjutant general; 
  6.12     (7) employees of the Washington, D.C., office of the state 
  6.13  of Minnesota; 
  6.14     (8) employees of the legislature and of legislative 
  6.15  committees or commissions; provided that employees of the 
  6.16  legislative audit commission, except for the legislative 
  6.17  auditor, the deputy legislative auditors, and their confidential 
  6.18  secretaries, shall be employees in the classified service; 
  6.19     (9) presidents, vice-presidents, deans, other managers and 
  6.20  professionals in academic and academic support programs, 
  6.21  administrative or service faculty, teachers, research 
  6.22  assistants, and student employees eligible under terms of the 
  6.23  federal economic opportunity act work study program in the 
  6.24  school and resource center for the arts, state universities and 
  6.25  community colleges, and the higher education board, but not the 
  6.26  custodial, clerical, or maintenance employees, or any 
  6.27  professional or managerial employee performing duties in 
  6.28  connection with the business administration of these 
  6.29  institutions; 
  6.30     (10) officers and enlisted persons in the national guard; 
  6.31     (11) attorneys, legal assistants, and three confidential 
  6.32  employees appointed by the attorney general or employed with the 
  6.33  attorney general's authorization; 
  6.34     (12) judges and all employees of the judicial branch, 
  6.35  referees, receivers, jurors, and notaries public, except 
  6.36  referees and adjusters employed by the department of labor and 
  7.1   industry; 
  7.2      (13) members of the state patrol; provided that selection 
  7.3   and appointment of state patrol troopers must be made in 
  7.4   accordance with applicable laws governing the classified 
  7.5   service; 
  7.6      (14) chaplains employed by the state; 
  7.7      (15) examination monitors and intermittent training 
  7.8   instructors employed by the departments of employee relations 
  7.9   and commerce and by professional examining boards; 
  7.10     (16) student workers; 
  7.11     (17) executive directors or executive secretaries appointed 
  7.12  by and reporting to any policy-making board or commission 
  7.13  established by statute; 
  7.14     (18) employees unclassified pursuant to other statutory 
  7.15  authority; 
  7.16     (19) intermittent help employed by the commissioner of 
  7.17  agriculture to perform duties relating to pesticides, 
  7.18  fertilizer, and seed regulation; and 
  7.19     (20) the administrators and the deputy administrators at 
  7.20  the state academies for the deaf and the blind. 
  7.21     Sec. 9.  Minnesota Statutes 1994, section 103F.211, 
  7.22  subdivision 2, is amended to read: 
  7.23     Subd. 2.  [INTERGOVERNMENTAL ADVICE.] The state departments 
  7.24  of agriculture, health, and trade and economic development; 
  7.25  the state planning and pollution control agencies agency; the 
  7.26  board of water and soil resources; and the Minnesota historical 
  7.27  society shall provide information and advice necessary to 
  7.28  prepare or amend the standards and criteria.  
  7.29     Sec. 10.  Minnesota Statutes 1994, section 116C.03, 
  7.30  subdivision 2, is amended to read: 
  7.31     Subd. 2.  [MEMBERSHIP.] The members of the board are the 
  7.32  director of the office of strategic and long-range planning, the 
  7.33  commissioner of public service, the commissioner of the 
  7.34  pollution control agency, the commissioner of natural resources, 
  7.35  the director of the office of environmental assistance, the 
  7.36  commissioner of agriculture, the commissioner of health, the 
  8.1   commissioner of transportation, the chair of the board of water 
  8.2   and soil resources, and a representative of the governor's 
  8.3   office designated by the governor.  The governor shall appoint 
  8.4   five members from the general public to the board, subject to 
  8.5   the advice and consent of the senate.  At least two of the five 
  8.6   public members must have knowledge of and be conversant in water 
  8.7   management issues in the state.  Notwithstanding the provisions 
  8.8   of section 15.06, subdivision 6, members of the board may not 
  8.9   delegate their powers and responsibilities as board members to 
  8.10  any other person. 
  8.11     Sec. 11.  Minnesota Statutes 1994, section 116C.03, 
  8.12  subdivision 4, is amended to read: 
  8.13     Subd. 4.  Staff and consultant support for board activities 
  8.14  shall be provided by the office of strategic and long-range 
  8.15  planning pollution control agency.  This support shall be 
  8.16  provided based upon an annual budget and work program developed 
  8.17  by the board and certified to the commissioner by the chair of 
  8.18  the board.  The board shall have the authority to request and 
  8.19  require staff support from all other agencies of state 
  8.20  government as needed for the execution of the responsibilities 
  8.21  of the board. 
  8.22     Sec. 12.  Minnesota Statutes 1994, section 116C.03, 
  8.23  subdivision 5, is amended to read: 
  8.24     Subd. 5.  The board shall contract with the office of 
  8.25  strategic and long-range planning pollution control agency for 
  8.26  administrative services necessary to the board's activities.  
  8.27  The services shall include personnel, budget, payroll and 
  8.28  contract administration.  
  8.29     Sec. 13.  Minnesota Statutes 1994, section 144A.31, 
  8.30  subdivision 1, is amended to read: 
  8.31     Subdivision 1.  [INTERAGENCY LONG-TERM CARE PLANNING 
  8.32  COMMITTEE.] The commissioners of health and human services shall 
  8.33  establish, by July 1, 1983, an interagency committee of 
  8.34  managerial employees of their respective departments who are 
  8.35  knowledgeable and employed in the areas of long-term care, 
  8.36  geriatric care, community services for the elderly, long-term 
  9.1   care facility inspection, or quality of care assurance.  The 
  9.2   number of interagency committee members shall not exceed twelve; 
  9.3   four members each to represent the commissioners of health and 
  9.4   human services and one member each to represent the 
  9.5   commissioners of state planning, housing finance, finance, and 
  9.6   the chair of the Minnesota board on aging.  The commissioner of 
  9.7   human services and the commissioner of health or their designees 
  9.8   shall annually alternate chairing and convening the committee.  
  9.9   The committee may utilize the expertise and time of other 
  9.10  individuals employed by each department as needed.  The 
  9.11  committee may recommend that the commissioners contract for 
  9.12  services as needed.  The committee shall meet as often as 
  9.13  necessary to accomplish its duties, but at least quarterly.  The 
  9.14  committee shall establish procedures, including public hearings, 
  9.15  for allowing regular opportunities for input from consumers of 
  9.16  long-term care services, advocates, trade associations, facility 
  9.17  administrators, county agency administrators, and other 
  9.18  interested persons.  
  9.19     Sec. 14.  Minnesota Statutes 1994, section 144A.31, 
  9.20  subdivision 6, is amended to read: 
  9.21     Subd. 6.  [DATA.] The interagency committee shall have 
  9.22  access to data from the commissioners of health, human services, 
  9.23  and housing finance, and state planning for carrying out its 
  9.24  duties under this section.  The commissioner of health and the 
  9.25  commissioner of human services may each have access to data on 
  9.26  persons, including data on vendors of services, from the other 
  9.27  to carry out the purposes of this section.  If the interagency 
  9.28  committee, the commissioner of health, or the commissioner of 
  9.29  human services receives data on persons, including data on 
  9.30  vendors of services, that is collected, maintained, used or 
  9.31  disseminated in an investigation, authorized by statute and 
  9.32  relating to enforcement of rules or law, the committee or the 
  9.33  commissioner shall not disclose that information except:  
  9.34     (a) pursuant to section 13.05; 
  9.35     (b) pursuant to statute or valid court order; or 
  9.36     (c) to a party named in a civil or criminal proceeding, 
 10.1   administrative or judicial, for preparation of defense.  
 10.2      Data described in this subdivision is classified as public 
 10.3   data upon its submission to an administrative law judge or court 
 10.4   in an administrative or judicial proceeding.  
 10.5      Sec. 15.  [241.81] [FIREARMS REPORT REQUIRED.] 
 10.6      The department shall report to the legislature no later 
 10.7   than January 31 of each year on the number of persons arrested, 
 10.8   charged, convicted, and sentenced for violations of each state 
 10.9   law affecting the use or possession of firearms.  The report 
 10.10  must include complete statistics, including the make, model, and 
 10.11  serial number of each firearm involved, where that information 
 10.12  is available, on each crime committed affecting the use or 
 10.13  possession of firearms and a breakdown by county of the crimes 
 10.14  committed. 
 10.15     Sec. 16.  Minnesota Statutes 1994, section 245.697, 
 10.16  subdivision 2a, is amended to read: 
 10.17     Subd. 2a.  [SUBCOMMITTEE ON CHILDREN'S MENTAL HEALTH.] The 
 10.18  state advisory council on mental health (the "advisory council") 
 10.19  must have a subcommittee on children's mental health.  The 
 10.20  subcommittee must make recommendations to the advisory council 
 10.21  on policies, laws, regulations, and services relating to 
 10.22  children's mental health.  Members of the subcommittee must 
 10.23  include: 
 10.24     (1) the commissioners or designees of the commissioners of 
 10.25  the departments of human services, health, education, state 
 10.26  planning, finance, and corrections; 
 10.27     (2) the commissioner of commerce or a designee of the 
 10.28  commissioner who is knowledgeable about medical insurance 
 10.29  issues; 
 10.30     (3) at least one representative of an advocacy group for 
 10.31  children with emotional disturbances; 
 10.32     (4) providers of children's mental health services, 
 10.33  including at least one provider of services to preadolescent 
 10.34  children, one provider of services to adolescents, and one 
 10.35  hospital-based provider; 
 10.36     (5) parents of children who have emotional disturbances; 
 11.1      (6) a present or former consumer of adolescent mental 
 11.2   health services; 
 11.3      (7) educators currently working with emotionally disturbed 
 11.4   children; 
 11.5      (8) people knowledgeable about the needs of emotionally 
 11.6   disturbed children of minority races and cultures; 
 11.7      (9) people experienced in working with emotionally 
 11.8   disturbed children who have committed status offenses; 
 11.9      (10) members of the advisory council; 
 11.10     (11) one person from the local corrections department and 
 11.11  one representative of the Minnesota district judges association 
 11.12  juvenile committee; and 
 11.13     (12) county commissioners and social services agency 
 11.14  representatives. 
 11.15     The chair of the advisory council shall appoint 
 11.16  subcommittee members described in clauses (3) to (11) through 
 11.17  the process established in section 15.0597.  The chair shall 
 11.18  appoint members to ensure a geographical balance on the 
 11.19  subcommittee.  Terms, compensation, removal, and filling of 
 11.20  vacancies are governed by subdivision 1, except that terms of 
 11.21  subcommittee members who are also members of the advisory 
 11.22  council are coterminous with their terms on the advisory 
 11.23  council.  The subcommittee shall meet at the call of the 
 11.24  subcommittee chair who is elected by the subcommittee from among 
 11.25  its members.  The subcommittee expires with the expiration of 
 11.26  the advisory council. 
 11.27     Sec. 17.  Minnesota Statutes 1994, section 477A.014, 
 11.28  subdivision 4, is amended to read: 
 11.29     Subd. 4.  [COSTS.] The director of the office of strategic 
 11.30  and long-range planning commissioner of administration shall 
 11.31  annually bill the commissioner of revenue for one-half of the 
 11.32  costs incurred by the state demographer in the preparation of 
 11.33  materials required by section 4A.02 16B.90.  The state auditor 
 11.34  shall bill the commissioner of revenue for the costs of the 
 11.35  services provided by the government information division and the 
 11.36  parts of the constitutional office that are related to the 
 12.1   government information function, not to exceed $217,000 in 
 12.2   fiscal year 1992 and $217,000 in fiscal year 1993 and 
 12.3   thereafter.  The commissioner of administration shall bill the 
 12.4   commissioner of revenue for the costs of the local government 
 12.5   records program and the intergovernmental information systems 
 12.6   activity, not to exceed $201,100 in fiscal year 1992 and 
 12.7   $205,800 in fiscal year 1993 and thereafter.  The commissioner 
 12.8   of employee relations shall bill the commissioner of revenue for 
 12.9   the costs of administering the local government pay equity 
 12.10  function, not to exceed $56,000 in fiscal year 1992 and $55,000 
 12.11  in fiscal year 1993 and thereafter.  
 12.12     Sec. 18.  [INSTRUCTION TO REVISOR.] 
 12.13     The revisor shall change the references in the following 
 12.14  sections of Minnesota Statutes from 4A.02 to 16B.90:  10A.01, 
 12.15  145A.02, 275.065, 275.14, 368.01, 373.40, 477A.011, and 477A.014.
 12.16     Sec. 19.  [REPEALER.] 
 12.17     Minnesota Statutes 1994, sections 4A.01; 4A.02; 4A.03; 
 12.18  4A.04; 4A.05; and 4A.06, are repealed.