1.1                          A bill for an act 
  1.2             relating to state government; modifying provisions 
  1.3             administered by the commissioner of administration 
  1.4             relating to public lands, procurements, easements, 
  1.5             designer selection, parking facilities, and other 
  1.6             matters; modifying the authority of the state 
  1.7             archaeologist; amending Minnesota Statutes 1998, 
  1.8             sections 16A.28, subdivision 5; 16B.171; 16B.26; 
  1.9             16B.33, subdivisions 3 and 4; 16B.58, subdivisions 5 
  1.10            and 7; 16B.85, subdivisions 2 and 3; 16C.05, 
  1.11            subdivision 2; 16C.06, subdivision 3; 16C.08, 
  1.12            subdivision 3; 16C.09; 16C.14, subdivision 1; 138.35, 
  1.13            subdivisions 1 and 1a; Laws 1998, chapter 386, article 
  1.14            1, section 35. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 1998, section 16A.28, 
  1.17  subdivision 5, is amended to read: 
  1.18     Subd. 5.  [PERMANENT IMPROVEMENTS.] An appropriation to 
  1.19  acquire or better public land or buildings or other public 
  1.20  improvements of a capital nature, including the acquisition of 
  1.21  real property does not lapse until the purposes of the 
  1.22  appropriation are determined by the commissioner, after 
  1.23  consultation with the affected agencies, to be accomplished or 
  1.24  abandoned.  This subdivision also applies to any part of an 
  1.25  appropriation for a fiscal year that has been requisitioned to 
  1.26  acquire real property or construct permanent improvements.  An 
  1.27  appropriation to pay moving expenses lapses at the end of the 
  1.28  third fiscal year during after which it was made available.  
  1.29     Sec. 2.  Minnesota Statutes 1998, section 16B.171, is 
  1.30  amended to read: 
  2.1      16B.171 [EXCEPTION FOR FEDERAL TRANSPORTATION CONTRACTS.] 
  2.2      Notwithstanding section 16B.17 16C.08 or other law to the 
  2.3   contrary, the commissioner of transportation an agency may, when 
  2.4   required by a federal agency entering into an intergovernmental 
  2.5   contract, negotiate contract terms providing for full or partial 
  2.6   prepayment to the federal agency before work is performed or 
  2.7   services are provided. 
  2.8      Sec. 3.  Minnesota Statutes 1998, section 16B.26, is 
  2.9   amended to read: 
  2.10     16B.26 [UTILITY COMPANIES, PERMITS TO CROSS STATE-OWNED 
  2.11  LANDS EASEMENTS.] 
  2.12     Subdivision 1.  [EASEMENTS GRANTING AN EASEMENT.] (a) 
  2.13  [AUTHORITY.] Except where the authority conferred by this 
  2.14  section has been imposed on some other state or county office, 
  2.15  the commissioner may, where necessary and appropriate, grant an 
  2.16  easement or permit over, under, or across any land owned by the 
  2.17  state for the purpose of constructing roads, streets, telephone, 
  2.18  telegraph, and electric power lines, cables or conduits, 
  2.19  underground or otherwise, or mains or pipe lines for gas, 
  2.20  liquids, or solids in suspension.  This authority does not apply 
  2.21  to land under the jurisdiction of the commissioner of natural 
  2.22  resources or land obtained for trunk highway purposes.  
  2.23     (b) [NOTICE OF REVOCATION.] An easement or permit is 
  2.24  revocable by written notice given by the commissioner if at any 
  2.25  time its continuance will conflict with a public use of the land 
  2.26  over, under, or upon which it is granted, or for any other 
  2.27  reason.  The notice must be in writing and is effective 90 days 
  2.28  after the notice is sent by certified mail to the last known 
  2.29  address of the record holder of the easement.  If the address of 
  2.30  the holder of the easement or permit is not known, it expires 90 
  2.31  days after the notice is recorded in the office of the county 
  2.32  recorder of the county in which the land is located.  Upon 
  2.33  revocation of an easement, the commissioner may allow a 
  2.34  reasonable time to vacate the premises affected.  
  2.35     (c) [EASEMENT RUNS WITH LAND.] State land subject to an 
  2.36  easement or permit granted by the commissioner remains subject 
  3.1   to sale or lease, and the sale or lease does not revoke the 
  3.2   permit or easement granted.  
  3.3      Subd. 2.  [LAND CONTROLLED BY OTHER AGENCIES.] If the 
  3.4   easement or permit involves land under the jurisdiction of an 
  3.5   agency other than the department of administration, it is 
  3.6   subject to the approval of the head of the agency and is subject 
  3.7   to revocation by the commissioner as provided in this section, 
  3.8   on request of the head of the agency.  
  3.9      Subd. 3.  [APPLICATION.] An application for easement or 
  3.10  permit under this section must be in quadruplicate and must 
  3.11  include:  a legal description of the land affected; a map 
  3.12  showing the area affected by the easement or permit; and a 
  3.13  detailed design of any structures to be placed on the land.  The 
  3.14  commissioner may require that the application be in another form 
  3.15  and include other descriptions, maps, or designs.  The 
  3.16  commissioner may at any time order changes or modifications 
  3.17  respecting construction or maintenance of structures or other 
  3.18  conditions of the easement which the commissioner finds 
  3.19  necessary to protect the public health and safety.  
  3.20     Subd. 4.  [FORM; DURATION.] The easement or permit must be 
  3.21  in a form prescribed by the attorney general and must describe 
  3.22  the location of the easement granted.  The easement or permit 
  3.23  continues until revoked by the commissioner, subject to change 
  3.24  or modification as provided in this section.  
  3.25     Subd. 5.  [CONSIDERATION; TERMS.] The commissioner may 
  3.26  prescribe consideration and conditions for granting an easement 
  3.27  or permit.  Money received by the state under this section must 
  3.28  be credited to the fund to which income or proceeds of sale from 
  3.29  the land would be credited, if provision for the sale is made by 
  3.30  law.  Otherwise, it must be credited to the general fund. 
  3.31     Subd. 6.  [OBTAINING AN EASEMENT.] The commissioner may, 
  3.32  where necessary and appropriate, obtain an easement or permit 
  3.33  over, under, or across nonstate land. 
  3.34     Sec. 4.  Minnesota Statutes 1998, section 16B.33, 
  3.35  subdivision 3, is amended to read: 
  3.36     Subd. 3.  [AGENCIES MUST REQUEST DESIGNER.] (a) 
  4.1   [APPLICATION.] Upon undertaking a project with an estimated cost 
  4.2   greater than $750,000 $2,000,000 or a planning project with 
  4.3   estimated fees greater than $60,000 $200,000, every user agency, 
  4.4   except the capitol area architectural and planning board, shall 
  4.5   submit a written request for a primary designer for its project 
  4.6   to the commissioner, who shall forward the request to the 
  4.7   board.  The University of Minnesota and the Minnesota state 
  4.8   colleges and universities shall follow the process in 
  4.9   subdivision 3a to select designers for their projects.  The 
  4.10  written request must include a description of the project, the 
  4.11  estimated cost of completing the project, a description of any 
  4.12  special requirements or unique features of the proposed project, 
  4.13  and other information which will assist the board in carrying 
  4.14  out its duties and responsibilities set forth in this section.  
  4.15     (b)  [REACTIVATED PROJECT.] If a project for which a 
  4.16  designer has been selected by the board becomes inactive, 
  4.17  lapses, or changes as a result of project phasing, insufficient 
  4.18  appropriations, or other reasons, the commissioner, the 
  4.19  Minnesota state colleges and universities, or the University of 
  4.20  Minnesota may, if the project is reactivated, retain the same 
  4.21  designer to complete the project.  
  4.22     (c)  [FEE LIMIT REACHED AFTER DESIGNER SELECTED.] If a 
  4.23  project initially estimated to be below the cost and planning 
  4.24  fee limits of this subdivision has its cost or planning fees 
  4.25  revised so that the limits are exceeded, the project must be 
  4.26  referred to the board for designer selection even if a primary 
  4.27  designer has already been selected.  In this event, the board 
  4.28  may, without conducting interviews, elect to retain the 
  4.29  previously selected designer if it determines that the interests 
  4.30  of the state are best served by that decision and shall notify 
  4.31  the commissioner of its determination.  
  4.32     Sec. 5.  Minnesota Statutes 1998, section 16B.33, 
  4.33  subdivision 4, is amended to read: 
  4.34     Subd. 4.  [DESIGNER SELECTION PROCESS.] (a)  [PUBLICITY.] 
  4.35  Upon receipt of a request from a user agency for a primary 
  4.36  designer, the board shall publicize the proposed project in 
  5.1   order to determine the identity of designers interested in the 
  5.2   design work on the project.  The board shall establish criteria 
  5.3   for the selection process and make this information public, and 
  5.4   shall compile data on and conduct interviews of designers.  The 
  5.5   board's selection criteria must include consideration of each 
  5.6   interested designer's performance on previous projects for the 
  5.7   state or any other person.  Upon completing the process, the 
  5.8   board shall select make a preliminary selection of the primary 
  5.9   designer and shall state its reasons in writing.  Notification 
  5.10  to the commissioner of It must then forward its preliminary 
  5.11  selection and supporting documentation to the commissioner for 
  5.12  approval.  The final selection shall be made not more than 60 
  5.13  days after receipt from a user agency of a request for a primary 
  5.14  designer.  The commissioner shall promptly notify the designer 
  5.15  and the user agency.  The commissioner shall negotiate the 
  5.16  designer's fee and prepare the contract to be entered into 
  5.17  between the designer and the user agency.  
  5.18     (b)  [CONFLICT OF INTEREST.] The board may not select a 
  5.19  designer or firm in which a member of the designer selection 
  5.20  board has a current financial interest.  
  5.21     (c)  [SELECTION BY COMMISSIONER.] In the event the board 
  5.22  receives a request for a primary designer on a project, the 
  5.23  estimated cost of which is less than the limit established by 
  5.24  subdivision 3, or a planning project with estimated fees of less 
  5.25  than the limit established by subdivision 3, the board may 
  5.26  submit the request to the commissioner of administration, with 
  5.27  or without recommendations, and the commissioner shall thereupon 
  5.28  select the primary designer for the project.  
  5.29     (d)  [SECOND SELECTION.] If the designer selected for a 
  5.30  project declines the appointment or is unable to reach agreement 
  5.31  with the commissioner on the fee or the terms of the contract, 
  5.32  the commissioner shall, within 60 days after the first 
  5.33  appointment, request the board to make another selection.  
  5.34     (e)  [SIXTY DAYS TO SELECT.] If the board fails to make a 
  5.35  selection and forward its recommendation to the commissioner 
  5.36  within 60 days of the user agency's request for a designer, the 
  6.1   commissioner may appoint a designer to the project without the 
  6.2   recommendation of the board.  
  6.3      (f)  [LESS THAN SATISFACTORY PERFORMANCE.] The 
  6.4   commissioner, or the University of Minnesota and the Minnesota 
  6.5   state colleges and universities for projects under their 
  6.6   supervision, shall forward to the board a written report 
  6.7   describing each instance in which the performance of a designer 
  6.8   selected by the board or the commissioner has been less than 
  6.9   satisfactory.  Criteria for determining satisfaction include the 
  6.10  ability of the designer to complete design work on time, to 
  6.11  provide a design responsive to program needs within the 
  6.12  constraints of the budget, to solve design problems and achieve 
  6.13  a design consistent with the proposed function of the building, 
  6.14  to avoid costly design errors or omissions, and to observe the 
  6.15  construction work.  These reports are public data and are 
  6.16  available for inspection under section 13.03.  
  6.17     Sec. 6.  Minnesota Statutes 1998, section 16B.58, 
  6.18  subdivision 5, is amended to read: 
  6.19     Subd. 5.  [MONEY COLLECTED.] Money collected by the 
  6.20  commissioner as rents, charges, or fees in connection with and 
  6.21  for the use of a parking lot or facility is appropriated to the 
  6.22  commissioner for the purpose of operating, maintaining, 
  6.23  improving, and replacing, safeguarding, and securing parking 
  6.24  lots or facilities owned or operated by the state, including 
  6.25  providing necessary and suitable uniforms for employees, and to 
  6.26  carry out the purposes of this section, except as provided in 
  6.27  subdivision 7.  
  6.28     Sec. 7.  Minnesota Statutes 1998, section 16B.58, 
  6.29  subdivision 7, is amended to read: 
  6.30     Subd. 7.  [SURCHARGE FOR VEHICLES OCCUPIED BY ONE PERSON.] 
  6.31  The commissioner shall impose a surcharge of 25 percent for 
  6.32  vehicles occupied by only one person parking in a state parking 
  6.33  facility in the capitol area, as described by section 15.50, 
  6.34  subdivision 2.  The revenue from this additional charge shall be 
  6.35  placed by the commissioner in a special account.  For the 
  6.36  benefit of state employees employed in the capitol area, the 
  7.1   money in the account is appropriated to the commissioner and 
  7.2   shall be used by the commissioner in the following order of 
  7.3   priority:  (1) to acquire or lease commuter vans pursuant to 
  7.4   section 16B.56; (2) within limits and upon conditions the 
  7.5   commissioner determines to be necessary, to reimburse state 
  7.6   agencies for all costs resulting from agreements with the 
  7.7   metropolitan transit commission, or its successor, or other 
  7.8   operators pursuant to section 473.409, including costs related 
  7.9   to employees employed outside the capitol area to acquire bus 
  7.10  cards or other prepurchased fare devices for use in lieu of cash 
  7.11  fares from metro transit or its successor, and other operators 
  7.12  authorized by section 473.409, for resale at a discounted 
  7.13  incentive rate to state employees; and (3) to be used for 
  7.14  maintaining and improving promote alternative transportation 
  7.15  modes, including initiatives to support and increase the use of 
  7.16  multioccupancy vehicles; and (4) to maintain and improve parking 
  7.17  lots or facilities owned or operated by the state associated 
  7.18  with buildings described in section 16B.24, subdivision 1, or, 
  7.19  when the commissioner approves, any other parking lots or 
  7.20  facilities owned or rented by the state agency or state 
  7.21  employees.  The commissioner may adopt rules necessary to 
  7.22  administer the provisions of this subdivision, subdivision 5, 
  7.23  and section 473.409.  The rules may exempt from the surcharge 
  7.24  vehicles operated by persons whom the commissioner determines 
  7.25  have job requirements that make car or van pooling impractical. 
  7.26     Sec. 8.  Minnesota Statutes 1998, section 16B.85, 
  7.27  subdivision 2, is amended to read: 
  7.28     Subd. 2.  [RISK MANAGEMENT FUND.] (a) All state 
  7.29  agencies, political subdivisions, and the Minnesota state 
  7.30  colleges and universities, may, in cooperation with the 
  7.31  commissioner, participate in insurance programs and other 
  7.32  funding alternative programs provided by the risk management 
  7.33  fund. 
  7.34     (b) When an agency or agencies enter entity described in 
  7.35  paragraph (a) enters into an insurance or self-insurance 
  7.36  program, each agency entity shall contribute the appropriate 
  8.1   share of its costs as determined by the commissioner. 
  8.2      (c) The money in the fund to pay claims arising from state 
  8.3   activities and for administrative costs, including costs for the 
  8.4   adjustment and defense of the claims, is appropriated to the 
  8.5   commissioner. 
  8.6      (d) Interest earned from the investment of money in the 
  8.7   fund shall be credited to the fund and be available to the 
  8.8   commissioner for the expenditures authorized in this subdivision.
  8.9      (e) The fund is exempt from the provisions of section 
  8.10  16A.152, subdivision 4.  In the event that proceeds in the fund 
  8.11  are insufficient to pay outstanding claims and associated 
  8.12  administrative costs, the commissioner, in consultation with the 
  8.13  commissioner of finance, may assess state agencies entities 
  8.14  participating in the fund amounts sufficient to pay the costs.  
  8.15  The commissioner shall determine the proportionate share of the 
  8.16  assessment of each agency entity. 
  8.17     Sec. 9.  Minnesota Statutes 1998, section 16B.85, 
  8.18  subdivision 3, is amended to read: 
  8.19     Subd. 3.  [RESPONSIBILITIES.] The commissioner shall: 
  8.20     (1) review the state's exposure to various types of 
  8.21  potential risks in consultation with affected agencies entities 
  8.22  and advise state agencies them as to the reduction of risk and 
  8.23  fiscal management of those losses; 
  8.24     (2) be responsible for statewide risk management 
  8.25  coordination, evaluation of funding and insuring alternatives, 
  8.26  and the approval of all insurance purchases in consultation with 
  8.27  affected agencies entities; 
  8.28     (3) identify ways to eliminate redundant efforts in the 
  8.29  management of state risk management and insurance programs; 
  8.30     (4) maintain the state risk management information system; 
  8.31  and 
  8.32     (5) administer and maintain the state risk management fund. 
  8.33     Sec. 10.  Minnesota Statutes 1998, section 16C.05, 
  8.34  subdivision 2, is amended to read: 
  8.35     Subd. 2.  [CREATION AND VALIDITY OF CONTRACTS.] (a) A 
  8.36  contract is not valid and the state is not bound by it unless: 
  9.1      (1) it has first been executed by the head of the agency or 
  9.2   a delegate who is a party to the contract; 
  9.3      (2) it has been approved by the commissioner; 
  9.4      (3) it has been approved by the attorney general or a 
  9.5   delegate as to form and execution; 
  9.6      (4) the accounting system shows an obligation in an expense 
  9.7   budget or encumbrance for the amount of the contract liability; 
  9.8   and 
  9.9      (5) the combined contract and amendments shall not exceed 
  9.10  five years without specific, written approval by the 
  9.11  commissioner according to established policy, procedures, and 
  9.12  standards, or unless otherwise provided for by law.  The term of 
  9.13  the original contract must not exceed two years unless the 
  9.14  commissioner determines that a longer duration is in the best 
  9.15  interest of the state. 
  9.16     (b) Grants, interagency agreements, purchase orders, and 
  9.17  annual plans need not, in the discretion of the commissioner and 
  9.18  attorney general, require the signature of the commissioner 
  9.19  and/or the attorney general. 
  9.20     (c) A fully executed copy of every contract must be kept on 
  9.21  file at the contracting agency. 
  9.22     Sec. 11.  Minnesota Statutes 1998, section 16C.06, 
  9.23  subdivision 3, is amended to read: 
  9.24     Subd. 3.  [INFORMATION IN BIDS AND PROPOSALS.] (a) Only the 
  9.25  name of the vendor and dollar amounts specified in a response to 
  9.26  a request for bids shall be read at the time of opening.  Only 
  9.27  the name of the responding vendors to all requests for proposals 
  9.28  shall be read at the time of opening.  All other information 
  9.29  contained in a vendor's response to a bid is classified as 
  9.30  nonpublic data, as defined in section 13.02, and remains 
  9.31  nonpublic data until completion of the selection process.  All 
  9.32  other information contained in a vendor's response to a request 
  9.33  for proposal, other than the name of the vendor, is classified 
  9.34  as nonpublic data, as defined in section 13.02, and remains 
  9.35  nonpublic data until the completion of the evaluation process.  
  9.36     (b) All responses are public information at the time of the 
 10.1   award unless otherwise provided for.  All responses and 
 10.2   documents pertaining to the final award of an acquisition must 
 10.3   be retained and made a part of a permanent file or record and 
 10.4   remain open to public inspection, after award, unless otherwise 
 10.5   provided for by law. 
 10.6      (c) If the commissioner rejects all responses to a 
 10.7   solicitation, information in the responses, other than the 
 10.8   information made public pursuant to paragraph (a), remains 
 10.9   nonpublic data, as defined in section 13.02, until a selection 
 10.10  is made based on responses to a resolicitation of bids, the 
 10.11  evaluation process is completed based on responses to a 
 10.12  resolicitation of a request for proposal, or upon a 
 10.13  determination to abandon the purchase. 
 10.14     Sec. 12.  Minnesota Statutes 1998, section 16C.08, 
 10.15  subdivision 3, is amended to read: 
 10.16     Subd. 3.  [PROCEDURE FOR PROFESSIONAL OR TECHNICAL SERVICES 
 10.17  CONTRACTS.] Before approving a proposed contract for 
 10.18  professional or technical services, the commissioner must 
 10.19  determine, at least, that: 
 10.20     (1) all provisions of subdivision 2 and section 16C.16 have 
 10.21  been verified or complied with; 
 10.22     (2) the work to be performed under the contract is 
 10.23  necessary to the agency's achievement of its statutory 
 10.24  responsibilities and there is statutory authority to enter into 
 10.25  the contract; 
 10.26     (3) the contract will not establish an employment 
 10.27  relationship between the state or the agency and any persons 
 10.28  performing under the contract; 
 10.29     (4) the contractor and agents are not employees of the 
 10.30  state; 
 10.31     (5) no agency has previously performed or contracted for 
 10.32  the performance of tasks which would be substantially duplicated 
 10.33  under the proposed contract; 
 10.34     (6) the contracting agency has specified a satisfactory 
 10.35  method of evaluating and using the results of the work to be 
 10.36  performed; and 
 11.1      (7) the combined contract and amendments will not exceed 
 11.2   five years without specific, written approval by the 
 11.3   commissioner according to established policy, procedures, and 
 11.4   standards, or unless otherwise provided for by law.  The term of 
 11.5   the original contract must not exceed two years unless the 
 11.6   commissioner determines that a longer duration is in the best 
 11.7   interest of the state. 
 11.8      Sec. 13.  Minnesota Statutes 1998, section 16C.09, is 
 11.9   amended to read: 
 11.10     16C.09 [PROCEDURE FOR SERVICE CONTRACTS.] 
 11.11     Before entering into or approving a service contract, the 
 11.12  commissioner must determine, at least, that: 
 11.13     (1) no current state employee is able and available to 
 11.14  perform the services called for by the contract; 
 11.15     (2) the work to be performed under the contract is 
 11.16  necessary to the agency's achievement of its statutory 
 11.17  responsibilities and there is statutory authority to enter into 
 11.18  the contract; 
 11.19     (3) the contract will not establish an employment 
 11.20  relationship between the state or the agency and any persons 
 11.21  performing under the contract; 
 11.22     (4) the contractor and agents are not employees of the 
 11.23  state; 
 11.24     (5) the contracting agency has specified a satisfactory 
 11.25  method of evaluating and using the results of the work to be 
 11.26  performed; and 
 11.27     (6) the combined contract and amendments will not exceed 
 11.28  five years without specific, written approval by the 
 11.29  commissioner according to established policy, procedures, and 
 11.30  standards, or unless otherwise provided for by law.  The term of 
 11.31  the original contract must not exceed two years, unless the 
 11.32  commissioner determines that a longer duration is in the best 
 11.33  interest of the state. 
 11.34  For purposes of clause (1), employees are available if qualified 
 11.35  and: 
 11.36     (i) are already doing the work in question; or 
 12.1      (ii) are on layoff status in classes that can do the work 
 12.2   in question. 
 12.3   An employee is not available if the employee is doing other 
 12.4   work, is retired, or has decided not to do the work in question. 
 12.5      Sec. 14.  Minnesota Statutes 1998, section 16C.14, 
 12.6   subdivision 1, is amended to read: 
 12.7      Subdivision 1.  [CONTRACT CONDITIONS.] The commissioner may 
 12.8   contract to purchase by installment payments capital or other 
 12.9   equipment or services intended to improve the energy efficiency 
 12.10  of a state building or facility if: 
 12.11     (1) the term of the contract does not exceed ten years, 
 12.12  with not more than a ten-year payback beginning at the 
 12.13  completion of the project; 
 12.14     (2) the entire cost of the contract is a percentage of the 
 12.15  resultant savings in energy costs only.  "Savings in energy cost"
 12.16  means a comparison of energy cost and energy usage under the 
 12.17  precontract conditions, including reasonable projections of 
 12.18  energy cost and usage if no change is made to the precontract 
 12.19  conditions, against energy cost and usage with the changes made 
 12.20  under the contract.  If it is impractical to directly measure 
 12.21  energy cost and/or energy usage, reasonable engineering 
 12.22  estimates may be substituted for measured results; 
 12.23     (3) the contract for purchase must be completed using a 
 12.24  solicitation; 
 12.25     (4) the commissioner has determined that the contract 
 12.26  vendor is a responsible vendor; 
 12.27     (5) the contract vendor can finance or obtain financing for 
 12.28  the performance of the contract without state assistance or 
 12.29  guarantee; and 
 12.30     (6) the state may unilaterally cancel the agreement if the 
 12.31  legislature fails to appropriate funds to continue the contract 
 12.32  or if the contractor at any time during the term of the contract 
 12.33  fails to perform its contractual obligations, including failure 
 12.34  to deliver or install equipment or materials, failure to replace 
 12.35  faulty equipment or materials in a timely fashion, and failure 
 12.36  to maintain the equipment as agreed in the contract. 
 13.1      Sec. 15.  Minnesota Statutes 1998, section 138.35, 
 13.2   subdivision 1, is amended to read: 
 13.3      Subdivision 1.  [APPOINTMENT.] The state archaeologist 
 13.4   shall be a qualified professional archaeologist appointed by the 
 13.5   executive council of the Minnesota historical 
 13.6   society commissioner of administration in consultation with, as 
 13.7   needed, the Indian affairs council, the Minnesota historical 
 13.8   society, the department of transportation, and the state 
 13.9   academic community to perform the duties in sections 138.31 to 
 13.10  138.42.  The position is in the unclassified service in the 
 13.11  executive branch and is subject to chapter 43A but not chapter 
 13.12  179A.  The compensation and terms and conditions of employment 
 13.13  are as provided by section 43A.18, subdivision 3.  The state 
 13.14  archaeologist's salary shall be established by the commissioner 
 13.15  of employee relations within a range established by the 
 13.16  commissioner of employee relations.  
 13.17     Sec. 16.  Minnesota Statutes 1998, section 138.35, 
 13.18  subdivision 1a, is amended to read: 
 13.19     Subd. 1a.  [ADMINISTRATIVE SUPPORT; STAFF.] The 
 13.20  commissioner of administration shall provide the state 
 13.21  archaeologist with necessary administrative services.  State 
 13.22  agencies shall provide the state archaeologist upon request with 
 13.23  advisory staff services on matters relating to the duties and 
 13.24  jurisdiction of the state archaeologist.  The state 
 13.25  archaeologist shall may hire staff and maintain offices as 
 13.26  necessary to perform the duties in sections 138.31 to 
 13.27  138.42.  Staff shall serve in the unclassified service and be 
 13.28  governed by section 43A.18, subdivision 2. 
 13.29     Sec. 17.  Laws 1998, chapter 386, article 1, section 35, is 
 13.30  amended to read: 
 13.31     Sec. 35.  [REPEALER.] 
 13.32     Minnesota Statutes 1996, sections 16B.06; 16B.07; 16B.08; 
 13.33  16B.09; 16B.101; 16B.102; 16B.103; 16B.123; 16B.13; 16B.14; 
 13.34  16B.15; 16B.16; 16B.167; 16B.17; 16B.175; 16B.18, subdivisions 
 13.35  1, 2, and 4; 16B.185; 16B.19; 16B.20, subdivisions 1 and 3; 
 13.36  16B.21; 16B.22; 16B.226; 16B.227; 16B.23; 16B.28; 16B.29; and 
 14.1   16B.89; and Minnesota Statutes 1997 Supplement, sections 16B.18, 
 14.2   subdivision 3; and 16B.20, subdivision 2; and 16B.482, are 
 14.3   repealed. 
 14.4      Sec. 18.  [REINSTATEMENT OF SECTION 16B.482.] 
 14.5      Notwithstanding Minnesota Statutes, section 645.36, 
 14.6   Minnesota Statutes 1997 Supplement, section 16B.482, is 
 14.7   reinstated. 
 14.8      Sec. 19.  [REVISOR INSTRUCTION.] 
 14.9      The revisor of statutes shall renumber Minnesota Statutes, 
 14.10  section 16B.171, as section 16C.081. 
 14.11     Sec. 20.  [EFFECTIVE DATE.] 
 14.12     Sections 14 to 17 are effective on the day following final 
 14.13  enactment.