2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; modifying performance 1.3 report requirements; requiring that interagency bills 1.4 be paid promptly; prohibiting state agencies from 1.5 undertaking capital improvements without legislative 1.6 authority; conforming certain leased space 1.7 requirements to existing law; requiring that state 1.8 agencies comply with certain information policy office 1.9 requirements regarding information systems equipment 1.10 and data collection; modifying revolving fund 1.11 authority; increasing resource recovery goals; 1.12 modifying collection requirements; amending Minnesota 1.13 Statutes 1994, sections 16A.055, subdivision 1; 1.14 16A.124, subdivision 7, and by adding a subdivision; 1.15 16B.30; 16B.31, subdivision 6; 16B.41, by adding a 1.16 subdivision; 16B.48, subdivision 2; and 115A.151; 1.17 Minnesota Statutes 1995 Supplement, sections 15.91, 1.18 subdivision 2; and 115A.15, subdivision 9. 1.19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.20 Section 1. Minnesota Statutes 1995 Supplement, section 1.21 15.91, subdivision 2, is amended to read: 1.22 Subd. 2. [PERFORMANCE REPORTS.] By November
130 of each 1.23 even-numbered year, each agency shall issue a performance report 1.24 that includes the following: 1.25 (1) the agency's mission; 1.26 (2) goals and objectives for each major program for which 1.27 the agency will request funding in its next biennial budget; 1.28 (3) identification of the populations served by the 1.29 programs; and 1.30 (4) workload, efficiency, output, and outcome measures for 1.31 each program listed in the report, with data showing each 1.32 programs' actual performance relative to these measures for the 2.1 previous four fiscal years and the performance the agency 2.2 projects it will achieve during the next two fiscal years with 2.3 the level of funding it has requested. 2.4 If it would enhance an understanding of its mission, 2.5 programs, and performance, the agency shall include in its 2.6 report information that describes the broader economic, social, 2.7 and physical environment in which the agency's programs are 2.8 administered. 2.9 Each agency shall send a copy of its performance report to 2.10 the speaker of the house, president of the senate, legislative 2.11 auditor, and legislative reference library, and provide a copy 2.12 to others upon request. 2.13 The commissioner of finance shall ensure that performance 2.14 reports are complete, accurate, and reliable and compiled in 2.15 such a way that they are useful to the public, legislators, and 2.16 managers in state government. To maintain a computerized 2.17 performance data system, the commissioner of finance may require 2.18 agencies to provide performance data annually. 2.19 The legislative auditor shall review and comment on 2.20 performance reports as provided for by section 3.971, 2.21 subdivision 3. 2.22 Sec. 2. Minnesota Statutes 1994, section 16A.055, 2.23 subdivision 1, is amended to read: 2.24 Subdivision 1. [LIST.] The commissioner shall: 2.25 (1) receive and record all money paid into the state 2.26 treasury and safely keep it until lawfully paid out; 2.27 (2) manage the state's financial affairs; 2.28 (3) keep the state's general account books according to 2.29 generally accepted government accounting principles; 2.30 (4) keep expenditure and revenue accounts according to 2.31 generally accepted government accounting principles; 2.32 (5) develop, provide instructions for, prescribe, and 2.33 manage a state uniform accounting system; 2.34 (6) provide to the state the expertise to ensure that all 2.35 state funds are accounted for under generally accepted 2.36 government accounting principles; and 3.1 (7) coordinate the development of, and maintain standards 3.2 for, internal auditing in state agencies and, in cooperation 3.3 with the commissioner of administration, report to the 3.4 legislature and the governor by DecemberJanuary 31 of 3.5 even-numberedodd-numbered years, on progress made. 3.6 Sec. 3. Minnesota Statutes 1994, section 16A.124, is 3.7 amended by adding a subdivision to read: 3.8 Subd. 1a. [STATE AGENCIES ARE VENDORS.] For purposes of 3.9 this section, a state agency that bills another state agency for 3.10 a service or commodity is considered a vendor like any nonstate 3.11 vendor. 3.12 Sec. 4. Minnesota Statutes 1994, section 16A.124, 3.13 subdivision 7, is amended to read: 3.14 Subd. 7. [REPORT TO LEGISLATURE.] The commissioner shall 3.15 report to the legislature by December 31 of each year 3.16 summarizing the state's payment record for the preceding fiscal 3.17 year. The report shall include the amount of interest penalties 3.18 and the specific steps being taken to reduce the incidence of 3.19 late payments in the future. 3.20 Sec. 5. Minnesota Statutes 1994, section 16B.30, is 3.21 amended to read: 3.22 16B.30 [GENERAL AUTHORITY.] 3.23 Subject to other provisions in this chapter, the 3.24 commissioner shall supervise and control the making of all 3.25 contracts for the construction of buildings and for other 3.26 capital improvements to state buildings and structures, other 3.27 than buildings and structures under the control of the state 3.28 university board. A state agency may not undertake improvements 3.29 of a capital nature without specific legislative authority. 3.30 Sec. 6. Minnesota Statutes 1994, section 16B.31, 3.31 subdivision 6, is amended to read: 3.32 Subd. 6. [STATE BUILDINGS.] (a) The commissioner of 3.33 administration, in cooperation with the commissioner of finance 3.34 shall: 3.35 (1) establish a state building classification system for 3.36 state-owned buildings, with each class representing a different 4.1 quality of building construction, to be incorporated into the 4.2 capital budget format and instructions; and 4.3 (2) create and maintain an inventory of all major state 4.4 buildings and office space owned or leased by the state, 4.5 including a classification system on the condition and 4.6 suitability of each major building. 4.7 (b) The commissioner of administration shall present to the 4.8 legislature a supportable cost analysis whenever the 4.9 commissioner proposes, for the purpose of providing state agency 4.10 office space, to: 4.11 (1) enter into a lease for more than 50,000 square feet or 4.12 for more than fiveten years; 4.13 (2) enter into a lease-purchase agreement or an agreement 4.14 to lease with option to buy property; 4.15 (3) purchase an existing building; or 4.16 (4) construct a new building. 4.17 Sec. 7. Minnesota Statutes 1994, section 16B.41, is 4.18 amended by adding a subdivision to read: 4.19 Subd. 2a. [COMPLIANCE BY AGENCIES WITH IPO 4.20 RECOMMENDATIONS.] Agencies must comply with information policy 4.21 office recommendations regarding purchase of information systems 4.22 equipment made under subdivision 2, paragraph (e). 4.23 Sec. 8. Minnesota Statutes 1994, section 16B.48, 4.24 subdivision 2, is amended to read: 4.25 Subd. 2. [PURPOSE OF FUNDS.] Money in the state treasury 4.26 credited to the general services revolving fund and money that 4.27 is deposited in the fund is appropriated annually to the 4.28 commissioner for the following purposes: 4.29 (1) to operate a central store and equipment service; 4.30 (2) to operate a central duplication and printing service; 4.31 (3) to operate the central mailing service, including 4.32 purchasing postage and related items and refunding postage 4.33 deposits; 4.34 (4) to operate a documents service as prescribed by section 4.35 16B.51; 4.36 (5) to provide services for the maintenance, operation, and 5.1 upkeep of buildings and grounds managed by the commissioner of 5.2 administration; 5.3 (6) to operate a materials handling service, including 5.4 interagency mail and product delivery, solid waste removal, 5.5 courier service, equipment rental, and vehicle and equipment 5.6 maintenance; 5.7 (7) to provide analytical, statistical, and organizational 5.8 development services to state agencies, local units of 5.9 government, metropolitan and regional agencies, and school 5.10 districts; 5.11 (7) to provide capitol security services through the5.12 department of public safety;5.13 (8) to operate a records center and provide micrographics 5.14 products and services; and 5.15 (9) to perform services for any other agency. Money may be 5.16 expended for this purpose only when directed by the governor. 5.17 The agency receiving the services shall reimburse the fund for 5.18 their cost, and the commissioner shall make the appropriate 5.19 transfers when requested. The term "services" as used in this 5.20 clause means compensation paid officers and employees of the 5.21 state government; supplies, materials, equipment, and other 5.22 articles and things used by or furnished to an agency; and 5.23 utility services and other services for the maintenance, 5.24 operation, and upkeep of buildings and offices of the state 5.25 government. 5.26 Sec. 9. Minnesota Statutes 1995 Supplement, section 5.27 115A.15, subdivision 9, is amended to read: 5.28 Subd. 9. [RECYCLING GOAL.] By December 31, 19931996, the 5.29 commissioner shall recycle at least 4060 percent by weight of 5.30 the solid waste generated by state offices and other state 5.31 operations located in the metropolitan area. By March 1 of each 5.32 year the commissioner shall report to the office the estimated 5.33 recycling rates by county for state offices and other state 5.34 operations in the metropolitan area for the previous calendar 5.35 year. The office shall incorporate these figures into the 5.36 reports submitted by the counties under section 115A.557, 6.1 subdivision 3, to determine each county's progress toward the 6.2 goal in section 115A.551, subdivision 2. 6.3 Each state agency in the metropolitan area shall work to 6.4 meet the recycling goal individually. If the goal is not met by 6.5 an agency, the commissioner shall notify that agency that the 6.6 goal has not been met and the reasons the goal has not been met 6.7 and shall provide information to the employees in the agency 6.8 regarding recycling opportunities and expectations. 6.9 Sec. 10. Minnesota Statutes 1994, section 115A.151, is 6.10 amended to read: 6.11 115A.151 [STATE AND LOCAL FACILITIES.] 6.12 By January 1, 1991,A state agency or, local unit of 6.13 government, or school district in the metropolitan area or by6.14 January 1, 1993, a state agency or local unit of government or6.15 school district outside of the metropolitan areashall: 6.16 (1) ensure that facilities under its control, from which 6.17 mixed municipal solid waste is collected, have containers for at 6.18 least three of the followingrecyclable materials :, such as, but 6.19 not limited to, paper, glass, plastic, and metal; and 6.20 (2) transfer all recyclable materials collected to a 6.21 recycler.