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HF 2937

as introduced - 88th Legislature (2013 - 2014) Posted on 04/07/2014 03:33pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to state government; making technical changes affecting the Minnesota
Historical Society; amending Minnesota Statutes 2012, sections 3.732,
subdivision 1; 43A.24, subdivision 2; 138.081, subdivision 2; 138.662,
subdivision 21, by adding subdivisions; 138.94; repealing Minnesota Statutes
2012, section 138.662, subdivisions 4, 34.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 3.732, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

As used in this section and section 3.736 the terms
defined in this section have the meanings given them.

(1) "State" includes each of the departments, boards, agencies, commissions, courts,
and officers in the executive, legislative, and judicial branches of the state of Minnesota
and includes but is not limited to the Housing Finance Agency, the Minnesota Office of
Higher Education, the Higher Education Facilities Authority, the Health Technology
Advisory Committee, the Armory Building Commission, the Zoological Board, the Iron
Range Resources and Rehabilitation Board, new text beginthe Minnesota Historical Society, new text endthe State
Agricultural Society, the University of Minnesota, the Minnesota State Colleges and
Universities, state hospitals, and state penal institutions. It does not include a city, town,
county, school district, or other local governmental body corporate and politic.

(2) "Employee of the state" means all present or former officers, members, directors,
or employees of the state, members of the Minnesota National Guard, members of a
bomb disposal unit approved by the commissioner of public safety and employed by a
municipality defined in section 466.01 when engaged in the disposal or neutralization of
bombs or other similar hazardous explosives, as defined in section 299C.063, outside the
jurisdiction of the municipality but within the state, or persons acting on behalf of the state
in an official capacity, temporarily or permanently, with or without compensation. It does
not include either an independent contractor except, for purposes of this section and
section 3.736 only, a guardian ad litem acting under court appointment, or members of the
Minnesota National Guard while engaged in training or duty under United States Code,
title 10, or title 32, section 316, 502, 503, 504, or 505, as amended through December
31, 1983. Notwithstanding sections 43A.02 and 611.263, for purposes of this section and
section 3.736 only, "employee of the state" includes a district public defender or assistant
district public defender in the Second or Fourth Judicial District, a member of the Health
Technology Advisory Committee, and any officer, agent, or employee of the state of
Wisconsin performing work for the state of Minnesota pursuant to a joint state initiative.

(3) "Scope of office or employment" means that the employee was acting on behalf
of the state in the performance of duties or tasks lawfully assigned by competent authority.

(4) "Judicial branch" has the meaning given in section 43A.02, subdivision 25.

Sec. 2.

Minnesota Statutes 2012, section 43A.24, subdivision 2, is amended to read:


Subd. 2.

Other eligible persons.

The following persons are eligible for state paid
life insurance and hospital, medical, and dental benefits as determined in applicable
collective bargaining agreements or by the commissioner or by plans pursuant to section
43A.18, subdivision 6, or by the Board of Regents for employees of the University of
Minnesota not covered by collective bargaining agreements. Coverages made available,
including optional coverages, are as contained in the plan established pursuant to section
43A.18, subdivision 2:

(1) a member of the state legislature, provided that changes in benefits resulting
in increased costs to the state shall not be effective until expiration of the term of the
members of the existing house of representatives. An eligible member of the state
legislature may decline to be enrolled for state paid coverages by filing a written waiver
with the commissioner. The waiver shall not prohibit the member from enrolling the
member or dependents for optional coverages, without cost to the state, as provided for in
section 43A.26. A member of the state legislature who returns from a leave of absence
to a position previously occupied in the civil service shall be eligible to receive the life
insurance and hospital, medical, and dental benefits to which the position is entitled;

(2) an employee of the legislature or an employee of a permanent study or interim
committee or commission or a state employee on leave of absence to work for the
legislature, during a regular or special legislative session, as determined by the Legislative
Coordinating Commission;

(3) a judge of the appellate courts or an officer or employee of these courts; a judge
of the district court, a judge of county court, or a judge of county municipal court; a
district court referee, judicial officer, court reporter, or law clerk; a district administrator;
an employee of the Office of the District Administrator that is not in the Second or
Fourth Judicial District; a court administrator or employee of the court administrator in a
judicial district under section 480.181, subdivision 1, paragraph (b), and a guardian ad
litem program employee;

(4) a salaried employee of the Public Employees Retirement Association;

(5) a full-time military or civilian officer or employee in the unclassified service of
the Department of Military Affairs whose salary is paid from state funds;

(6) deleted text begina salarieddeleted text endnew text begin annew text end employee of the Minnesota Historical Society, whether paid from
state funds or otherwise, who is not a member of the governing board;

(7) an employee of the regents of the University of Minnesota;

(8) notwithstanding section 43A.27, subdivision 3, an employee of the state of
Minnesota or the regents of the University of Minnesota who is at least 60 and not yet
65 years of age on July 1, 1982, who is otherwise eligible for employee and dependent
insurance and benefits pursuant to section 43A.18 or other law, who has at least 20
years of service and retires, earlier than required, within 60 days of March 23, 1982; or
an employee who is at least 60 and not yet 65 years of age on July 1, 1982, who has
at least 20 years of state service and retires, earlier than required, from employment at
Rochester state hospital after July 1, 1981; or an employee who is at least 55 and not
yet 65 years of age on July 1, 1982, and is covered by the Minnesota State Retirement
System correctional employee retirement plan or the State Patrol retirement fund, who
has at least 20 years of state service and retires, earlier than required, within 60 days of
March 23, 1982. For purposes of this clause, a person retires when the person terminates
active employment in state or University of Minnesota service and applies for a retirement
annuity. Eligibility shall cease when the retired employee attains the age of 65, or when
the employee chooses not to receive the annuity that the employee has applied for. The
retired employee shall be eligible for coverages to which the employee was entitled at the
time of retirement, subject to any changes in coverage through collective bargaining or
plans established pursuant to section 43A.18, for employees in positions equivalent to that
from which retired, provided that the retired employee shall not be eligible for state-paid
life insurance. Coverages shall be coordinated with relevant health insurance benefits
provided through the federally sponsored Medicare program;

(9) an employee of an agency of the state of Minnesota identified through the process
provided in this paragraph who is eligible to retire prior to age 65. The commissioner
and the exclusive representative of state employees shall enter into agreements under
section 179A.22 to identify employees whose positions are in programs that are being
permanently eliminated or reduced due to federal or state policies or practices. Failure to
reach agreement identifying these employees is not subject to impasse procedures provided
in chapter 179A. The commissioner must prepare a plan identifying eligible employees
not covered by a collective bargaining agreement in accordance with the process outlined
in section 43A.18, subdivisions 2 and 3. For purposes of this paragraph, a person retires
when the person terminates active employment in state service and applies for a retirement
annuity. Eligibility ends as provided in the agreement or plan, but must cease at the end of
the month in which the retired employee chooses not to receive an annuity, or the employee
is eligible for employer-paid health insurance from a new employer. The retired employees
shall be eligible for coverages to which they were entitled at the time of retirement, subject
to any changes in coverage through collective bargaining or plans established under
section 43A.18 for employees in positions equivalent to that from which they retired,
provided that the retired employees shall not be eligible for state-paid life insurance;

(10) employees of the state Board of Public Defense, with eligibility determined by
the state Board of Public Defense in consultation with the commissioner of management
and budget; and

(11) employees of supporting organizations of Enterprise Minnesota, Inc.,
established after July 1, 2003, under section 116O.05, subdivision 4, as paid for by the
supporting organization.

Sec. 3.

Minnesota Statutes 2012, section 138.081, subdivision 2, is amended to read:


Subd. 2.

Director's responsibilities.

The director of the Minnesota Historical
Society, as state historic preservation officer, shall be responsible for the preparation,
implementation and administration of the State Historic Preservation Plan and new text beginshall
administer the State Historic Preservation Program authorized by
new text endthe deleted text beginFederaldeleted text endnew text begin National
new text end Historic Preservation Act deleted text begin(Public Law 89-665) and shall be the state liaison with the
National Heritage Program
deleted text endnew text begin (United States Code, title 16, section 470 et seq. as amended)new text end.
The director of the Minnesota Historical Society shall review and approve in writing all
grants-in-aid for architectural, archaeological and historic preservation made by state
agencies and funded by the state or a combination of state and federal funds in accordance
with the State Historic Preservation deleted text beginPlandeleted text endnew text begin Programnew text end.

Sec. 4.

Minnesota Statutes 2012, section 138.662, subdivision 21, is amended to read:


Subd. 21.

deleted text beginMeighen Storedeleted text endnew text begin Historic Forestvillenew text end.

deleted text beginMeighen Storedeleted text endnew text begin Historic Forestvillenew text end;
Fillmore County.

Sec. 5.

Minnesota Statutes 2012, section 138.662, is amended by adding a subdivision
to read:


new text begin Subd. 27a. new text end

new text begin Sibley Historic Site. new text end

new text begin Sibley Historic Site; Dakota County.
new text end

Sec. 6.

Minnesota Statutes 2012, section 138.662, is amended by adding a subdivision
to read:


new text begin Subd. 33a. new text end

new text begin Washburn Crosby Complex (Mill City Museum). new text end

new text begin Washburn Crosby
Complex (Mill City Museum); Hennepin County.
new text end

Sec. 7.

Minnesota Statutes 2012, section 138.94, is amended to read:


138.94 deleted text beginSTATEdeleted text endnew text begin MINNESOTAnew text end HISTORY CENTER.

Subdivision 1.

Designation.

The building at deleted text begin160 John Ireland Boulevarddeleted text endnew text begin 345
Kellogg Boulevard West
new text end and the land housing the building, parking lot, and any other
related facilities is designated as the deleted text beginStatedeleted text endnew text begin Minnesotanew text end History Center, and is to be used for
such purposes notwithstanding any other law to the contrary. Authority for administration
and control of the deleted text beginStatedeleted text endnew text begin Minnesotanew text end History Center is conferred on the Minnesota Historical
Society. The society is not exempt from rental or lease costs by the state. The Department
of Administration will maintain and provide custodial, security, and climate control
services for the history center in accordance with standards established by the society.

Subd. 2.

User fees.

The society may charge fees it deems reasonable for uses
relating to the deleted text beginStatedeleted text endnew text begin Minnesotanew text end History Center including parking and special exhibits.

Subd. 3.

Contractual services.

The society may contract with existing state
departments and agencies or other entities for materials and services as may be necessary
for the history center.

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 138.662, subdivisions 4 and 34, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end