HF 3137

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the organization and operation of state 
  1.3             government; appropriating money for the general 
  1.4             administrative expenses of state government; modifying 
  1.5             provisions relating to state government operations; 
  1.6             modifying the Debt Collection Act; requiring free 
  1.7             Internet access to certain state publications; 
  1.8             modifying the Administrative Procedure Act; creating 
  1.9             the construction codes advisory council; providing for 
  1.10            consumer education on telemarketing fraud; creating a 
  1.11            settlement division in the office of administrative 
  1.12            hearings; transferring the small claims court; 
  1.13            amending Minnesota Statutes 1996, sections 3.3005, 
  1.14            subdivision 2, and by adding a subdivision; 4.07, 
  1.15            subdivision 3; 10A.071, subdivision 3; 10A.20, by 
  1.16            adding a subdivision; 14.04; 14.46, subdivision 4; 
  1.17            15.91, subdivision 2; 16A.055, subdivision 6; 16A.10, 
  1.18            as amended; 16A.11, subdivision 3, and by adding a 
  1.19            subdivision; 16A.72; 16B.04, subdivision 4; 16D.02, 
  1.20            subdivision 3; 16D.04, subdivisions 1 and 4; 16D.08, 
  1.21            subdivision 2; 16D.11, as amended; 16D.16; 17.03, 
  1.22            subdivision 11; 43A.04, subdivision 1a; 43A.17, 
  1.23            subdivision 8; 43A.317, subdivision 8; 45.012; 84.027, 
  1.24            subdivision 14; 116.03, subdivision 2a; 116J.011; 
  1.25            144.05, subdivision 2; 174.02, subdivision 1a; 
  1.26            175.001, subdivision 6; 179A.16, subdivisions 1, 3, 9, 
  1.27            and by adding a subdivision; 179A.18, subdivision 1; 
  1.28            190.09, subdivision 2; 196.05, subdivision 2; 216A.07, 
  1.29            subdivision 6; 268.0122, subdivision 6; 270.02, 
  1.30            subdivision 3a; 299A.01, subdivision 1a; 363.05, 
  1.31            subdivision 3; and 469.177, subdivision 11; Minnesota 
  1.32            Statutes 1997 Supplement, sections 4A.08; 16A.103, 
  1.33            subdivision 1; 16A.11, subdivision 1; 16E.07, 
  1.34            subdivision 3; 43A.30, subdivision 4; 120.0111; 
  1.35            241.01, subdivision 3b; 245.03, subdivision 2; and 
  1.36            270.063, subdivision 1; Laws 1997, chapter 202, 
  1.37            article 4, section 13, subdivision 7; proposing coding 
  1.38            for new law in Minnesota Statutes, chapters 3; 14; 
  1.39            16B; 16D; and 325G; repealing Minnesota Statutes 1996, 
  1.40            section 3.971, subdivision 3; Minnesota Statutes 1997 
  1.41            Supplement, sections 16A.11, subdivision 3c; 241.015; 
  1.42            394.232, subdivision 5; and 572A.01. 
  1.43  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.44                             ARTICLE 1 
  2.1                    APPROPRIATIONS AND OPERATIONS 
  2.2   Section 1.  [STATE GOVERNMENT APPROPRIATIONS.] 
  2.3      The sums in the columns headed "APPROPRIATIONS" are 
  2.4   appropriated from the general fund, or another named fund, to 
  2.5   the agencies and for the purposes specified to be available for 
  2.6   the fiscal years indicated for each purpose. 
  2.7                           SUMMARY BY FUND
  2.8                                             1998           1999
  2.9   General                           $    2,215,000 $   30,758,000
  2.10  Special Revenue                           -0-            15,000
  2.11  Natural Resources                         -0-            25,000
  2.12  Game and Fish                             -0-            33,000
  2.13  Trunk Highway                             -0-            55,000
  2.14                                             APPROPRIATIONS 
  2.15                                         Available for the Year 
  2.16                                             Ending June 30 
  2.17                                            1998         1999 
  2.18  Sec. 2.  LEGISLATURE                                     25,000
  2.19  This appropriation is to the 
  2.20  legislative coordinating commission for 
  2.21  a grant to the Council of State 
  2.22  Governments to organize and fund a 
  2.23  series of meetings between members of 
  2.24  the Minnesota legislature and members 
  2.25  of the Manitoba and Ontario 
  2.26  parliaments.  Approximately six members 
  2.27  of each body may attend the meetings.  
  2.28  Meetings may involve all three bodies 
  2.29  or the legislature and one of the 
  2.30  parliaments.  The meetings shall be at 
  2.31  the capital cities of the state or of 
  2.32  the provinces. 
  2.33  The House of Representatives television 
  2.34  office shall log all citizen comments 
  2.35  received and shall distribute comments 
  2.36  originating from each member's district 
  2.37  to the appropriate House member within 
  2.38  one week after the comments are 
  2.39  received. 
  2.40  Sec. 3.  LEGISLATIVE AUDIT  
  2.41  COMMISSION                                                      
  2.42  The legislative audit commission is 
  2.43  requested to evaluate the 
  2.44  interpretation and enforcement of the 
  2.45  state building code by state and local 
  2.46  enforcement officials.  If conducted, 
  2.47  the evaluation shall pay particular 
  2.48  attention to:  (1) interpretation and 
  2.49  enforcement of the code as applied to 
  2.50  public buildings as compared to 
  2.51  interpretation and enforcement when 
  2.52  applied to privately-owned buildings; 
  2.53  and (2) the extent to which 
  3.1   interpretation and enforcement of the 
  3.2   code involves public safety concerns.  
  3.3   If conducted, the results of the 
  3.4   evaluation shall be reported to the 
  3.5   legislature by January 15, 1999. 
  3.6   Sec. 4.  ATTORNEY GENERAL                 -0-        24,000,000
  3.7   The commissioner of finance and the 
  3.8   attorney general shall convene a joint 
  3.9   executive-legislative task force to 
  3.10  evaluate: 
  3.11  (1) the availability of legal services 
  3.12  from the attorney general's office 
  3.13  necessary to meet the needs of state 
  3.14  government; 
  3.15  (2) the adequacy and suitability of the 
  3.16  current mechanism for funding legal 
  3.17  services; 
  3.18  (3) the appropriateness of billing 
  3.19  rates to cover the cost of legal 
  3.20  services; and 
  3.21  (4) the appropriateness of the current 
  3.22  process for setting billing rates. 
  3.23  In addition to representatives of the 
  3.24  commissioner and the attorney general, 
  3.25  the task force must include 
  3.26  representatives of partner and 
  3.27  nonpartner agencies receiving services 
  3.28  from the office of the attorney 
  3.29  general, legislative fiscal staff 
  3.30  representing committees responsible for 
  3.31  funding the office of the attorney 
  3.32  general, and the office of the 
  3.33  legislative auditor. 
  3.34  By November 15, 1998, the task force 
  3.35  shall report the progress and status of 
  3.36  its evaluation to the committees 
  3.37  responsible for funding the office of 
  3.38  the attorney general.  By January 15, 
  3.39  1999, the task force shall make a final 
  3.40  report to the committees responsible 
  3.41  for funding the office of the attorney 
  3.42  general.  The final report shall 
  3.43  identify proposed improvements in the 
  3.44  current funding system and make 
  3.45  recommendations to improve the 
  3.46  availability of legal services, the 
  3.47  funding of services, and the 
  3.48  accountability of legal costs by all 
  3.49  parties. 
  3.50  Sec. 5.  SECRETARY OF STATE               -0-           100,000
  3.51  This appropriation is to make necessary 
  3.52  changes to the statewide voter 
  3.53  registration system to facilitate 
  3.54  reassignment of voters to the correct 
  3.55  precinct and election districts 
  3.56  following legislative redistricting in 
  3.57  2002.  This appropriation is available 
  3.58  until June 30, 2000. 
  3.59  Sec. 6.  OFFICE OF STRATEGIC AND
  3.60  LONG-RANGE PLANNING                    1,215,000        305,000
  4.1   $15,000 is appropriated in fiscal year 
  4.2   1998 and $65,000 is appropriated in 
  4.3   fiscal year 1999 for census-related 
  4.4   activities. 
  4.5   $1,200,000 in fiscal year 1998 is for 
  4.6   purposes of section 63.  This 
  4.7   appropriation does not cancel. 
  4.8   $240,000 in fiscal year 1999 is for 
  4.9   grants to regional development 
  4.10  commissions to assist local units of 
  4.11  government with the preparation of 
  4.12  local land use plans.  In regions not 
  4.13  served by an active regional 
  4.14  development commission, the director 
  4.15  may select another regional 
  4.16  organization.  
  4.17  Sec. 7.  DEPARTMENT OF
  4.18  ADMINISTRATION                            -0-         5,479,000
  4.19  $3,850,000 is appropriated in fiscal 
  4.20  year 1999 for modifications of state 
  4.21  business systems to address year 2000 
  4.22  changes.  $2,000,000 may be used only 
  4.23  for requests presented to the 
  4.24  legislature in 1997, but not funded.  
  4.25  $1,850,000 may be used only for the 
  4.26  department of finance, for abatements, 
  4.27  testing, interfaces, and small agency 
  4.28  requests.  This appropriation is 
  4.29  available only if the commissioner 
  4.30  first determines that there will be 
  4.31  third party or outside agency 
  4.32  compliance testing of each system 
  4.33  funded by this appropriation to verify 
  4.34  that agency information systems are 
  4.35  year 2000 capable.  This appropriation 
  4.36  may not be used to provide funding for 
  4.37  any system that is funded by a fund 
  4.38  other than the general fund.  This 
  4.39  appropriation is added to the 
  4.40  appropriation for technology management 
  4.41  in Laws 1997, chapter 202, article 1, 
  4.42  section 12, subdivision 7.  This 
  4.43  appropriation is available until 
  4.44  expended.  
  4.45  $150,000 is appropriated in fiscal year 
  4.46  1999 for the office of citizenship and 
  4.47  volunteer services for coordinating the 
  4.48  Minnesota alliance with youth 
  4.49  initiative. 
  4.50  $315,000 in fiscal year 1999 is for a 
  4.51  grant to Pioneer Public Television for 
  4.52  the construction of a noncommercial 
  4.53  television translator tower.  The 
  4.54  construction of this tower will 
  4.55  primarily enable the residents of Otter 
  4.56  Tail county to receive this 
  4.57  noncommercial television signal.  
  4.58  Before state funds are released for 
  4.59  this project, a license to operate this 
  4.60  facility must be granted by the Federal 
  4.61  Communications Commission.  In order to 
  4.62  qualify for this grant, Pioneer Public 
  4.63  Television must provide a match which 
  4.64  equals at least 25 percent of the total 
  5.1   project costs from nonstate government 
  5.2   sources. 
  5.3   $100,000 is for grants to the 
  5.4   Minneapolis park and recreation board 
  5.5   and the St. Paul park and recreation 
  5.6   department to provide public technology 
  5.7   access to children, adults, and 
  5.8   neighborhood groups to state, county, 
  5.9   city, and school district information 
  5.10  systems.  The funds shall be used to 
  5.11  connect 48 park facilities to the 
  5.12  city's network backbone and Internet 
  5.13  system by writing software, purchasing 
  5.14  and upgrading hardware, and installing 
  5.15  communication lines and servers.  The 
  5.16  funds are available only to the extent 
  5.17  they are matched one-to-one from 
  5.18  nonstate sources.  Upon receipt of a 
  5.19  grant, the Minneapolis park and 
  5.20  recreation board and the St. Paul park 
  5.21  and recreation department must apply 
  5.22  for federal matching funds for computer 
  5.23  and technology enhancement by units of 
  5.24  local government. 
  5.25  $500,000 in fiscal year 1999 is for 
  5.26  grants to noncommercial television 
  5.27  stations to assist with conversion to a 
  5.28  digital broadcast signal as mandated by 
  5.29  the federal government.  In order to 
  5.30  qualify for these grants, a station 
  5.31  must meet the criteria established for 
  5.32  grants in Minnesota Statutes, section 
  5.33  129D.12, subdivision 2.  This 
  5.34  appropriation is contingent on the 
  5.35  commissioner of finance determining, 
  5.36  after November 1, 1998, that there will 
  5.37  be a positive unrestricted budgetary 
  5.38  general fund balance as of June 30, 
  5.39  1999. 
  5.40  $20,000 is for a portrait of Governor 
  5.41  Carlson. 
  5.42  $1,000,000 is for a payment to the 
  5.43  Minneapolis community development 
  5.44  agency in partial repayment of a 1986 
  5.45  loan made by the agency to the 
  5.46  Minneapolis park board to acquire 
  5.47  property for the central riverfront 
  5.48  regional park.  As a condition of 
  5.49  receiving this payment, the Minneapolis 
  5.50  community development agency must agree 
  5.51  that the payment will serve as full 
  5.52  satisfaction and accord for the 1986 
  5.53  loan, and that this will be the final 
  5.54  payment made by the state. 
  5.55  No state agency shall adopt any rules 
  5.56  with regard to codes or standards for 
  5.57  heating, cooling, refrigeration, 
  5.58  ventilation, piping, or appurtenances; 
  5.59  installation or maintenance, without 
  5.60  the substantial agreement and consensus 
  5.61  of the Minnesota chapter of I.A.P.M.O.; 
  5.62  Minnesota Mechanical Contractors 
  5.63  Association; Minnesota Association of 
  5.64  Plumbing, Heating and Cooling 
  5.65  Contracts; Sheet Metal, Air 
  5.66  Conditioning, and Roofing Contractors 
  6.1   Association of Minnesota. 
  6.2   $44,000 is for costs associated with 
  6.3   making the State Register and the 
  6.4   guidebook to state agency services 
  6.5   available on the Internet.  The 
  6.6   management analysis division of the 
  6.7   department of administration must 
  6.8   analyze the financial impacts of making 
  6.9   the State Register and the guidebook to 
  6.10  state agency services available on the 
  6.11  Internet on the department's bookstore 
  6.12  operation.  The division must report 
  6.13  its preliminary findings to the chairs 
  6.14  of the house and senate governmental 
  6.15  operations budget and finance divisions 
  6.16  by January 15, 1999.  A complete 
  6.17  analysis of fiscal impacts must be 
  6.18  submitted to these chairs by January 
  6.19  15, 2000. 
  6.20  The commissioner shall place a bust of 
  6.21  Nellie Stone Johnson in the capitol 
  6.22  complex. 
  6.23  Sec. 8.  CAPITOL AREA ARCHITECTURAL 
  6.24  AND PLANNING BOARD                                     150,000
  6.25  This appropriation is for the Minnesota 
  6.26  women's suffrage memorial garden on the 
  6.27  capitol grounds.  This appropriation is 
  6.28  available until June 30, 1999. 
  6.29  Sec. 9.  DEPARTMENT OF EMPLOYEE 
  6.30  RELATIONS                              1,000,000         -0-   
  6.31  $1,000,000 is for fiscal year 1998 to 
  6.32  the insurance trust fund under 
  6.33  Minnesota Statutes, section 43A.316, 
  6.34  subdivision 9, for the purposes stated 
  6.35  in that subdivision.  This 
  6.36  appropriation does not cancel. 
  6.37  The commissioner of the department of 
  6.38  employee relations shall study and 
  6.39  report to the legislature by August 1, 
  6.40  1999, to:  (1) determine what temporary 
  6.41  state jobs occupied by disabled 
  6.42  individuals are filled by able-bodied 
  6.43  individuals when the jobs become 
  6.44  permanent; (2) examine whether state 
  6.45  agencies are in compliance with state 
  6.46  and federal law in hiring qualified 
  6.47  disabled individuals; and (3) recommend 
  6.48  any assistance state agencies may need 
  6.49  to comply with applicable laws.  
  6.50  Sec. 10.  REVENUE                                       731,000 
  6.51  This appropriation is added to the 
  6.52  appropriation in Laws 1997, chapter 
  6.53  202, article 1, section 17, subdivision 
  6.54  8, and must be used for information 
  6.55  systems and to expand the Minnesota 
  6.56  collection enterprise office staff in 
  6.57  Ely.  The legislature estimates that 
  6.58  this appropriation will result in 
  6.59  increased revenue to the general fund 
  6.60  of $900,000 in fiscal year 1999. 
  6.61  Sec. 11.  AMATEUR SPORTS COMMISSION                     536,000  
  7.1   $136,000 is for a grant to the Iron 
  7.2   Range resources and rehabilitation 
  7.3   board to expand the facilities at Mt. 
  7.4   Itasca ski area. 
  7.5   $100,000 is for a grant to the United 
  7.6   States Olympic Committee's Minnesota 
  7.7   Olympic development program to fund 
  7.8   development of a statewide winter 
  7.9   sports program for females and at-risk 
  7.10  youth. 
  7.11  $300,000 is for a grant to the city of 
  7.12  Gilbert for costs associated with 
  7.13  refurbishing of an ice arena, provided 
  7.14  that a dollar-for-dollar match is 
  7.15  provided by the city of Gilbert. 
  7.16  Sec. 12.  MILITARY AFFAIRS                              125,000 
  7.17  This appropriation is for expanded 
  7.18  outreach of the Science and Technology 
  7.19  Academies Reinforcing Basic Aviation 
  7.20  and Space Exploration (STARBASE) 
  7.21  program, including a program at the 
  7.22  Duluth air base. 
  7.23  Sec. 13.  MINNEAPOLIS EMPLOYEES RETIREMENT FUND      (1,000,000)
  7.24  The scheduled state payment to the 
  7.25  Minneapolis employees retirement fund 
  7.26  on March 15, 1999, is reduced from 
  7.27  $2,250,000 to $1,250,000.  If the 
  7.28  actuarial valuation as of July 1, 1998, 
  7.29  of the Minneapolis employees retirement 
  7.30  fund does not result in a reduction of 
  7.31  total required employer contributions 
  7.32  of greater than $1,000,000 for calendar 
  7.33  year 1999, the required employer 
  7.34  contributions for employers other than 
  7.35  the state of Minnesota will not be 
  7.36  increased above the amounts those 
  7.37  employers contributed in calendar year 
  7.38  1998.  If the July 1, 1998, actuarial 
  7.39  valuation of the Minneapolis employees 
  7.40  retirement fund does not result in a 
  7.41  reduction of total employer 
  7.42  contribution of greater than 
  7.43  $1,000,000, the Minneapolis employees 
  7.44  retirement fund must report to the 
  7.45  commissioner of finance and the chairs 
  7.46  of the Senate state government finance 
  7.47  committee and the House state 
  7.48  government finance division on the 
  7.49  effect of the underfunding and the 
  7.50  amounts needed to correct any 
  7.51  deficiency. 
  7.52  Sec. 14.  INSURANCE PREMIUM
  7.53  SUPPLEMENT                                -0-           435,000
  7.54                          SUMMARY BY FUND
  7.55  General                 -0-           307,000
  7.56  Water Recreation        -0-            23,000
  7.57  Snowmobile Trails and
  7.58  Enforcement             -0-             2,000
  7.59  Special Revenue         -0-            15,000
  8.1   Game and Fish           -0-            33,000
  8.2   Trunk Highway           -0-            55,000
  8.3   The amounts appropriated are to the 
  8.4   commissioner of finance for the second 
  8.5   year of the biennium for transfer to 
  8.6   agencies affected by cost increases due 
  8.7   to the extension of eligibility for 
  8.8   employer-paid premiums for health, 
  8.9   dental, and life insurance to part-time 
  8.10  seasonal employees as provided in 
  8.11  collective bargaining agreements for 
  8.12  the current biennium. 
  8.13  The schedule provided in the 1998 
  8.14  supplemental budget recommendation 
  8.15  detail page supporting the governor's 
  8.16  request for these appropriations must 
  8.17  be applied when determining base-level 
  8.18  funding of affected agencies for the 
  8.19  biennium ending June 30, 2001.  
  8.20  Sec. 15.  HUMAN SERVICES                                750,000 
  8.21  From the Minnesota lottery prize fund 
  8.22  to be used for Project Turnabout in 
  8.23  Granite Falls.  This appropriation 
  8.24  shall not become part of the base 
  8.25  appropriation for the 2000-2001 
  8.26  biennium. 
  8.27     Sec. 16.  [3.071] [COMPENSATORY TIME.] 
  8.28     The appointing authority in the house of representatives 
  8.29  must calculate the normal hours of work each pay period by 
  8.30  multiplying the number of regularly scheduled work days in the 
  8.31  pay period times eight.  An employee in the house of 
  8.32  representatives must be granted one and one-half hours of 
  8.33  compensatory time off for each hour worked in a pay period in 
  8.34  excess of the normal hours of work for that pay period.  
  8.35  Scheduling of compensatory time is subject to the same 
  8.36  procedures as scheduling of vacation time.  For purposes of this 
  8.37  section, hours of vacation or sick leave do not count as hours 
  8.38  worked.  This section does not apply to an employee who is 
  8.39  covered by the federal Fair Labor Standards Act or to an 
  8.40  employee who accepts an alternative work schedule offered by the 
  8.41  appointing authority. 
  8.42     Sec. 17.  Minnesota Statutes 1996, section 3.3005, 
  8.43  subdivision 2, is amended to read: 
  8.44     Subd. 2.  A state agency shall not expend money received by 
  8.45  it under federal law for any purpose unless a request to spend 
  8.46  federal money from that source for that purpose in that fiscal 
  9.1   year has been submitted by the governor to the legislature as a 
  9.2   part of a budget request submitted during or within ten days 
  9.3   before the start of a regular legislative session, or unless 
  9.4   specifically authorized by law or as provided by this section.  
  9.5      Sec. 18.  Minnesota Statutes 1996, section 3.3005, is 
  9.6   amended by adding a subdivision to read: 
  9.7      Subd. 2a.  [REVIEW OF FEDERAL FUNDS SPENDING 
  9.8   REQUEST.] Twenty days after a governor's budget request that 
  9.9   includes a request to spend federal money is submitted to the 
  9.10  legislature under subdivision 2, a state agency may expend money 
  9.11  included in that request unless, within the 20-day period, a 
  9.12  member of the legislative advisory commission requests further 
  9.13  review.  If a legislative advisory commission member requests 
  9.14  further review of a federal funds spending request, the agency 
  9.15  may not expend the federal funds until the request has been 
  9.16  satisfied and withdrawn, the expenditure is approved in law, or 
  9.17  the regular session of the legislature is adjourned for the year.
  9.18     Sec. 19.  Minnesota Statutes 1996, section 4.07, 
  9.19  subdivision 3, is amended to read: 
  9.20     Subd. 3.  [FEDERAL AND STATE LAW; APPROPRIATION OF FUNDS.] 
  9.21  The governor or any state department or agency designated by the 
  9.22  governor shall comply with any and all requirements of federal 
  9.23  law and any rules and regulations promulgated thereunder to 
  9.24  enable the application for, the receipt of, and the acceptance 
  9.25  of such federal funds.  The expenditure of any such funds 
  9.26  received shall be governed by the laws of the state except 
  9.27  insofar as federal requirements may otherwise provide.  All such 
  9.28  money received by the governor or any state department or agency 
  9.29  designated by the governor for such purpose shall be deposited 
  9.30  in the state treasury and, subject to section 3.3005, are hereby 
  9.31  appropriated annually in order to enable the governor or the 
  9.32  state department or agency designated by the governor for such 
  9.33  purpose to carry out the purposes for which the funds are 
  9.34  received.  None of such federal money so deposited in the state 
  9.35  treasury shall cancel and they shall be available for 
  9.36  expenditure in accordance with the requirements of federal law.  
 10.1      Sec. 20.  Minnesota Statutes 1997 Supplement, section 
 10.2   4A.08, is amended to read: 
 10.3      4A.08 [COMMUNITY-BASED PLANNING GOALS.] 
 10.4      The goals of community-based planning are: 
 10.5      (1)  [CITIZEN PARTICIPATION.] To develop a community-based 
 10.6   planning process with broad citizen participation in order to 
 10.7   build local capacity to plan for sustainable development and to 
 10.8   benefit from the insights, knowledge, and support of local 
 10.9   residents.  The process must include at least one citizen from 
 10.10  each affected unit of local government; 
 10.11     (2)  [COOPERATION.] To promote cooperation among 
 10.12  communities to work towards the most efficient, planned, and 
 10.13  cost-effective delivery of government services by, among other 
 10.14  means, facilitating cooperative agreements among adjacent 
 10.15  communities and to coordinate planning to ensure compatibility 
 10.16  of one community's development with development of neighboring 
 10.17  communities; 
 10.18     (3)  [ECONOMIC DEVELOPMENT.] To create sustainable economic 
 10.19  development strategies and provide economic opportunities 
 10.20  throughout the state that will achieve a balanced distribution 
 10.21  of growth statewide; 
 10.22     (4)  [CONSERVATION.] To protect, preserve, and enhance the 
 10.23  state's resources, including agricultural land, forests, surface 
 10.24  water and groundwater, recreation and open space, scenic areas, 
 10.25  and significant historic and archaeological sites; 
 10.26     (5)  [LIVABLE COMMUNITY DESIGN.] To strengthen communities 
 10.27  by following the principles of livable community design in 
 10.28  development and redevelopment, including integration of all 
 10.29  income and age groups, mixed land uses and compact development, 
 10.30  affordable and life-cycle housing, green spaces, access to 
 10.31  public transit, bicycle and pedestrian ways, and enhanced 
 10.32  aesthetics and beauty in public spaces; 
 10.33     (6)  [HOUSING.] To provide and preserve an adequate supply 
 10.34  of affordable and life-cycle housing throughout the state; 
 10.35     (7)  [TRANSPORTATION.] To focus on the movement of people 
 10.36  and goods, rather than on the movement of automobiles, in 
 11.1   transportation planning, and to maximize the efficient use of 
 11.2   the transportation infrastructure by increasing the availability 
 11.3   and use of appropriate public transit throughout the state 
 11.4   through land-use planning and design that makes public transit 
 11.5   economically viable and desirable; 
 11.6      (8)  [LAND-USE PLANNING.] To establish a community-based 
 11.7   framework as a basis for all decisions and actions related to 
 11.8   land use; 
 11.9      (9)  [PUBLIC INVESTMENTS.] To account for the full 
 11.10  environmental, social, and economic costs of new development, 
 11.11  including infrastructure costs such as transportation, sewers 
 11.12  and wastewater treatment, water, schools, recreation, and open 
 11.13  space, and plan the funding mechanisms necessary to cover the 
 11.14  costs of the infrastructure; 
 11.15     (10)  [PUBLIC EDUCATION.] To support research and public 
 11.16  education on a community's and the state's finite capacity to 
 11.17  accommodate growth, and the need for planning and resource 
 11.18  management that will sustain growth; and 
 11.19     (11)  [SUSTAINABLE DEVELOPMENT.] To provide a better 
 11.20  quality of life for all residents while maintaining nature's 
 11.21  ability to function over time by minimizing waste, preventing 
 11.22  pollution, promoting efficiency, and developing local resources 
 11.23  to revitalize the local economy; and 
 11.24     (12)  [PROPERTY RIGHTS.] To ensure that private property 
 11.25  shall not be taken, destroyed, or damaged for public use without 
 11.26  just compensation therefore, first paid or secured. 
 11.27     Sec. 21.  Minnesota Statutes 1996, section 10A.071, 
 11.28  subdivision 3, is amended to read: 
 11.29     Subd. 3.  [EXCEPTIONS.] (a) The prohibitions in this 
 11.30  section do not apply if the gift is: 
 11.31     (1) a contribution as defined in section 10A.01, 
 11.32  subdivision 7; 
 11.33     (2) services to assist an official in the performance of 
 11.34  official duties, including but not limited to providing advice, 
 11.35  consultation, information, and communication in connection with 
 11.36  legislation, and services to constituents; 
 12.1      (3) services of insignificant monetary value; 
 12.2      (4) a plaque or similar memento recognizing individual 
 12.3   services in a field of specialty or to a charitable cause; 
 12.4      (5) a trinket or memento of insignificant value; 
 12.5      (6) informational material of unexceptional value; or 
 12.6      (7) food or a beverage given at a reception, meal, or 
 12.7   meeting away from the recipient's place of work by an 
 12.8   organization before whom the recipient appears to make a speech 
 12.9   or answer questions as part of a program; or 
 12.10     (8) less than $5 in value. 
 12.11     (b) The prohibitions in this section do not apply if the 
 12.12  gift is given: 
 12.13     (1) because of the recipient's membership in a group, a 
 12.14  majority of whose members are not officials, and an equivalent 
 12.15  gift is given to the other members of the group; or 
 12.16     (2) by a lobbyist or principal who is a member of the 
 12.17  family of the recipient, unless the gift is given on behalf of 
 12.18  someone who is not a member of that family. 
 12.19     Sec. 22.  Minnesota Statutes 1996, section 10A.20, is 
 12.20  amended by adding a subdivision to read: 
 12.21     Subd. 15.  [AVAILABILITY.] The board shall make all reports 
 12.22  required under this section available on the Internet as soon as 
 12.23  possible after the reports are filed.  The board may not require 
 12.24  additional reporting as a result of this subdivision.  The board 
 12.25  must provide this service with funds appropriated to it and may 
 12.26  not increase fees as a result of this subdivision. 
 12.27     Sec. 23.  Minnesota Statutes 1996, section 14.04, is 
 12.28  amended to read: 
 12.29     14.04 [AGENCY ORGANIZATION; GUIDEBOOK.] 
 12.30     To assist interested persons dealing with it, each agency 
 12.31  shall must, in a manner prescribed by the commissioner of 
 12.32  administration, prepare a description of its organization, 
 12.33  stating the general course and method of its operations and 
 12.34  where and how the public may obtain information or make 
 12.35  submissions or requests.  The commissioner of administration 
 12.36  shall must publish these descriptions at least once every four 
 13.1   years commencing in 1981 in a guidebook of state agencies.  
 13.2   Notice of the publication of the guidebook shall must be 
 13.3   published in the State Register and given in newsletters, 
 13.4   newspapers, or other publications, or through other means of 
 13.5   communication.  The commissioner must make an electronic version 
 13.6   of the guidebook available on the Internet free of charge 
 13.7   through the North Star information service. 
 13.8      Sec. 24.  [14.095] [HEARING ON PETITION.] 
 13.9      Within 90 days of a petition filed by a local government 
 13.10  pursuant to section 14.09, the administrative law judge assigned 
 13.11  by the chief administrative law judge shall conduct a hearing on 
 13.12  the petition.  The agency shall give notice of the hearing in 
 13.13  the same manner required for notice of a proposed rule hearing 
 13.14  under section 14.14, subdivision 1a.  At the public hearing, the 
 13.15  agency shall make an affirmative presentation of facts 
 13.16  establishing the need for and reasonableness of the agency rule 
 13.17  or portion of the rule that is the subject of the petition.  If 
 13.18  the administrative law judge determines that the agency has not 
 13.19  established the need for and reasonableness of the rule or some 
 13.20  portion of the rule, the rule or portion for which the agency 
 13.21  has not established need and reasonableness does not have the 
 13.22  force of law, effective 90 days after the administrative law 
 13.23  judge's decision or upon adjournment of the next regular annual 
 13.24  session of the legislature, whichever is later.  The decision of 
 13.25  the administrative law judge shall be reported within 30 days to 
 13.26  the chairs of the house and senate government operations 
 13.27  committees and the house and senate policy committees with 
 13.28  jurisdiction over the agency whose rule is the subject of the 
 13.29  petition. 
 13.30     Sec. 25.  Minnesota Statutes 1996, section 14.46, 
 13.31  subdivision 4, is amended to read: 
 13.32     Subd. 4.  [COST; DISTRIBUTION.] When an agency properly 
 13.33  submits a rule, proposed rule, notice, or other material to the 
 13.34  commissioner of administration, the commissioner shall must then 
 13.35  be accountable for the publication of the same in the State 
 13.36  Register.  The commissioner of administration shall must require 
 14.1   each agency which requests the publication of rules, proposed 
 14.2   rules, notices, or other material in the State Register to pay 
 14.3   its proportionate cost of the State Register unless other funds 
 14.4   are provided and are sufficient to cover the cost of the State 
 14.5   Register. 
 14.6      The State Register shall must be offered for public sale at 
 14.7   a location centrally located as determined by the commissioner 
 14.8   of administration and at a price as the commissioner of 
 14.9   administration shall determine determines.  The commissioner of 
 14.10  administration shall must further provide for the mailing of the 
 14.11  State Register to any person, agency, or organization if so 
 14.12  requested, provided that reasonable costs are borne by the 
 14.13  requesting party.  The supply and expense appropriation to any 
 14.14  state agency is deemed to include funds to purchase the State 
 14.15  Register.  Ten copies of each issue of the State Register, 
 14.16  however, shall must be provided without cost to the legislative 
 14.17  reference library and ten copies to the state law library.  One 
 14.18  copy shall must be provided without cost to a public library in 
 14.19  each county seat in the state or, if there is no public library 
 14.20  in a county seat, to a public library in the county as 
 14.21  designated by the county board.  The commissioner shall must 
 14.22  advise the recipient libraries of the significance and content 
 14.23  of the State Register and shall encourage efforts to promote its 
 14.24  usage. 
 14.25     The commissioner must make an electronic version of the 
 14.26  State Register available on the Internet free of charge through 
 14.27  the North Star information service. 
 14.28     Sec. 26.  Minnesota Statutes 1996, section 15.91, 
 14.29  subdivision 2, is amended to read: 
 14.30     Subd. 2.  [PERFORMANCE REPORTS.] By November 30 January 2 
 14.31  of each even-numbered odd-numbered year, each agency shall issue 
 14.32  a performance report that includes the following: 
 14.33     (1) the agency's mission; 
 14.34     (2) the most important goals and objectives for each major 
 14.35  program for which the agency will request funding in its next 
 14.36  biennial budget; 
 15.1      (3) identification of the populations served by the 
 15.2   programs that support the agency's mission; and 
 15.3      (4) workload, efficiency, output, and outcome 
 15.4      (3) the most important measures for each program goals and 
 15.5   objectives listed in the report, with data showing each 
 15.6   programs' actual performance relative to these measures for the 
 15.7   previous four fiscal years and the performance the agency 
 15.8   projects it will achieve during the next two fiscal years with 
 15.9   the level of funding it has requested. 
 15.10     If it would enhance an understanding of its mission, 
 15.11  programs, and performance, the agency shall include in its 
 15.12  report information that describes the broader economic, social, 
 15.13  and physical environment in which the agency's programs are 
 15.14  administered. 
 15.15     Each agency shall send a copy of its performance report to 
 15.16  the speaker of the house, president of the senate, legislative 
 15.17  auditor, and legislative reference library, and provide a copy 
 15.18  to others upon request. 
 15.19     The commissioner of finance shall ensure that performance 
 15.20  reports are complete, succinct, accurate, and reliable and 
 15.21  compiled in such a way that they are useful to the public, 
 15.22  legislators, and managers in state government.  To maintain a 
 15.23  computerized performance data system, the commissioner of 
 15.24  finance may require agencies to provide performance data 
 15.25  annually. 
 15.26     The legislative auditor shall periodically review and 
 15.27  comment on selected performance reports as provided for by 
 15.28  section 3.971, subdivision 3. 
 15.29     Sec. 27.  Minnesota Statutes 1996, section 16A.10, as 
 15.30  amended by Laws 1997, chapter 202, article 2, section 12, is 
 15.31  amended to read: 
 15.32     16A.10 [BUDGET PREPARATION.] 
 15.33     Subdivision 1.  [BUDGET FORMAT.] In each even-numbered 
 15.34  calendar year the commissioner shall prepare budget forms and 
 15.35  instructions for all agencies, including guidelines for 
 15.36  reporting program performance measures, subject to the approval 
 16.1   of the governor.  The commissioner shall request and receive 
 16.2   advisory recommendations from the chairs of the senate finance 
 16.3   committee and house of representatives ways and means committee 
 16.4   before adopting a format for the biennial budget document.  By 
 16.5   June 15, the commissioner shall send the proposed budget forms 
 16.6   to the appropriations and finance committees.  The committees 
 16.7   have until July 15 to give the commissioner their advisory 
 16.8   recommendations on possible improvements.  To facilitate this 
 16.9   consultation, the commissioner shall establish a working group 
 16.10  consisting of executive branch staff and designees of the chairs 
 16.11  of the senate finance and house of representatives ways and 
 16.12  means committees.  The commissioner must involve this group in 
 16.13  all stages of development of budget forms and instructions.  The 
 16.14  budget format must show actual expenditures and receipts for the 
 16.15  two most recent fiscal years, estimated expenditures and 
 16.16  receipts for the current fiscal year, and estimates for each 
 16.17  fiscal year of the next biennium.  Estimated expenditures must 
 16.18  be classified by funds and character of expenditures and may be 
 16.19  subclassified by programs and activities.  Agency revenue 
 16.20  estimates must show how the estimates were made and what factors 
 16.21  were used.  Receipts must be classified by funds, programs, and 
 16.22  activities.  Expenditure and revenue estimates must be based on 
 16.23  the law in existence at the time the estimates are prepared. 
 16.24     Subd. 1a.  [PURPOSE OF PERFORMANCE DATA.] Performance data 
 16.25  shall be presented in the budget proposal to provide information 
 16.26  so that the legislature can determine the extent to which state 
 16.27  programs are successful in meeting goals and objectives.  
 16.28  Agencies shall present as much historical information as needed 
 16.29  to understand major trends and shall set targets for future 
 16.30  performance issues where feasible and appropriate.  The 
 16.31  information shall appropriately highlight agency performance 
 16.32  issues that would assist legislative review and decision making. 
 16.33     Subd. 2.  [BY OCTOBER 15 AND NOVEMBER 30.] By October 15 of 
 16.34  each even-numbered year, an agency must file the following with 
 16.35  the commissioner:  
 16.36     (1) budget estimates for the most recent and current fiscal 
 17.1   years; 
 17.2      (2) its upcoming biennial budget estimates; 
 17.3      (3) a comprehensive and integrated statement of agency 
 17.4   missions and outcome and performance measures; and 
 17.5      (4) a concise explanation of any planned changes in the 
 17.6   level of services or new activities. 
 17.7      The commissioner shall prepare and file the budget 
 17.8   estimates for an agency failing to file them.  By November 30, 
 17.9   the commissioner shall send the final budget format, agency 
 17.10  budget plans or requests estimates for the next biennium, and 
 17.11  copies of the filed material to the ways and means and finance 
 17.12  committees, except that the commissioner shall not be required 
 17.13  to transmit information that identifies executive branch budget 
 17.14  decision items.  At this time, a list of each employee's name, 
 17.15  title, and salary must be available to the legislature, either 
 17.16  on paper or through electronic retrieval. 
 17.17     Subd. 3.  [DUTIES TO GOVERNOR-ELECT.] Immediately after the 
 17.18  election of a new governor, the commissioner shall report the 
 17.19  budget estimates and make available to the governor-elect all 
 17.20  department information, staff, and facilities relating to the 
 17.21  budget. 
 17.22     Sec. 28.  Minnesota Statutes 1997 Supplement, section 
 17.23  16A.103, subdivision 1, is amended to read: 
 17.24     Subdivision 1.  [STATE REVENUE AND EXPENDITURES.] In 
 17.25  February and November each year, the commissioner shall prepare 
 17.26  and deliver to the governor and legislature a forecast of state 
 17.27  revenue and expenditures.  The November forecast must be 
 17.28  delivered to the legislature and governor no later than the end 
 17.29  of the first week of December.  The February forecast must be 
 17.30  delivered to the legislature and governor by the end of 
 17.31  February.  The forecast must assume the continuation of current 
 17.32  laws and reasonable estimates of projected growth in the 
 17.33  national and state economies and affected populations.  Revenue 
 17.34  must be estimated for all sources provided for in current law.  
 17.35  Expenditures must be estimated for all obligations imposed by 
 17.36  law and those projected to occur as a result of inflation and 
 18.1   variables outside the control of the legislature.  In 
 18.2   determining the rate of inflation, the application of inflation, 
 18.3   and the other variables to be included in the expenditure part 
 18.4   of the forecast, the commissioner must consult with the chair of 
 18.5   the senate state government finance committee, the chair of the 
 18.6   house committee on ways and means, and house and senate fiscal 
 18.7   staff.  In addition, the commissioner shall forecast Minnesota 
 18.8   personal income for each of the years covered by the forecast 
 18.9   and include these estimates in the forecast documents.  A 
 18.10  forecast prepared during the first fiscal year of a biennium 
 18.11  must cover that biennium and the next biennium.  A forecast 
 18.12  prepared during the second fiscal year of a biennium must cover 
 18.13  that biennium and the next two bienniums. 
 18.14     Sec. 29.  Minnesota Statutes 1997 Supplement, section 
 18.15  16A.11, subdivision 1, is amended to read: 
 18.16     Subdivision 1.  [WHEN.] The governor shall submit a 
 18.17  four-part three-part budget to the legislature.  Parts one and 
 18.18  two, the budget message and detailed operating budget, must be 
 18.19  submitted by the fourth Tuesday in January in each odd-numbered 
 18.20  year.  However, in a year following the election of a governor 
 18.21  who had not been governor the previous year, parts one and two 
 18.22  must be submitted by the third Tuesday in February.  Part three, 
 18.23  the detailed recommendations as to capital expenditure, must be 
 18.24  submitted as follows:  agency capital budget requests by July 1 
 18.25  of each odd-numbered year, and governor's recommendations by 
 18.26  January 15 of each even-numbered year.  Part four, the Detailed 
 18.27  recommendations as to information technology expenditure, must 
 18.28  be submitted at the same time the governor submits the budget 
 18.29  message to the legislature.  Information technology 
 18.30  recommendations must include projects to be funded during the 
 18.31  next biennium and planning estimates for an additional two 
 18.32  bienniums.  Information technology recommendations must specify 
 18.33  purposes of the funding such as infrastructure, hardware, 
 18.34  software, or training.  
 18.35     Sec. 30.  Minnesota Statutes 1996, section 16A.11, 
 18.36  subdivision 3, is amended to read: 
 19.1      Subd. 3.  [PART TWO:  DETAILED BUDGET.] Part two of the 
 19.2   budget, the detailed budget estimates both of expenditures and 
 19.3   revenues, shall must contain any statements on the financial 
 19.4   plan which the governor believes desirable or which may be 
 19.5   required by the legislature.  Part of the budget must be 
 19.6   prepared using performance-based budgeting concepts.  In this 
 19.7   subdivision, "performance-based budgeting" means a budget system 
 19.8   that identifies agency outcomes and results and provides 
 19.9   comprehensive information regarding actual and proposed changes 
 19.10  in funding and outcomes.  The detailed estimates shall include 
 19.11  the governor's budget plan of each agency arranged in tabular 
 19.12  form so it may readily be compared with the governor's budget 
 19.13  for each agency.  The detailed estimates must include a separate 
 19.14  line listing the total number of professional or technical 
 19.15  service contracts and the total cost of those contracts for the 
 19.16  prior biennium and the projected number of professional or 
 19.17  technical service contracts and the projected costs of those 
 19.18  contracts for the current and upcoming biennium.  They shall 
 19.19  must also include, as part of each agency's organization chart, 
 19.20  a summary of the personnel employed by the agency, showing the 
 19.21  reflected as full-time equivalent positions for the current 
 19.22  biennium, and the number of full-time equivalent employees of 
 19.23  all kinds employed by the agency on June 30 of the last complete 
 19.24  fiscal year, and the number of professional or technical service 
 19.25  consultants for the current biennium. 
 19.26     Sec. 31.  Minnesota Statutes 1996, section 16A.11, is 
 19.27  amended by adding a subdivision to read: 
 19.28     Subd. 3a.  [AGENCY BUDGET REQUESTS.] After the governor's 
 19.29  budget is presented to the legislature, agencies, if requested, 
 19.30  must provide information to the legislature about budget 
 19.31  requests that have originated in the agency. 
 19.32     Sec. 32.  Minnesota Statutes 1996, section 16A.72, is 
 19.33  amended to read: 
 19.34     16A.72 [INCOME CREDITED TO GENERAL FUND; EXCEPTIONS.] 
 19.35     All income, including fees or receipts of any nature, shall 
 19.36  be credited to the general fund, except:  
 20.1      (1) federal aid; 
 20.2      (2) contributions, or reimbursements received for any 
 20.3   account of any division or department for which an appropriation 
 20.4   is made by law; 
 20.5      (3) income to the University of Minnesota; 
 20.6      (4) income to revolving funds now established in 
 20.7   institutions under the control of the commissioners of 
 20.8   corrections or human services; 
 20.9      (5) investment earnings resulting from the master lease 
 20.10  program, except that the amount credited to another fund or 
 20.11  account may not exceed the amount of the additional expense 
 20.12  incurred by that fund or account through participation in the 
 20.13  master lease program; 
 20.14     (6) investment earnings resulting from any gift, donation, 
 20.15  device, endowment, trust, or court-ordered or court-approved 
 20.16  escrow account or trust fund, which should be credited to the 
 20.17  fund or account and appropriated for the purpose for which they 
 20.18  were received; 
 20.19     (7) receipts from the operation of patients' and inmates' 
 20.20  stores and vending machines, which shall be deposited in the 
 20.21  social welfare fund in each institution for the benefit of the 
 20.22  patients and inmates; 
 20.23     (7) (8) money received in payment for services of inmate 
 20.24  labor employed in the industries carried on in the state 
 20.25  correctional facilities which receipts shall be credited to the 
 20.26  current expense fund of those facilities; 
 20.27     (8) (9) as provided in sections 16B.57 and 85.22; 
 20.28     (9) (10) income to the Minnesota historical society; 
 20.29     (10) (11) the percent of income collected by a private 
 20.30  collection agency and retained by the collection agency as its 
 20.31  collection fee; or 
 20.32     (11) (12) as otherwise provided by law. 
 20.33     Sec. 33.  [16B.104] [PROCUREMENT REQUIREMENTS.] 
 20.34     (a) Technology access standards must be developed by the 
 20.35  commissioner, in consultation with the office of technology, and 
 20.36  must require compliance with nonvisual access standards 
 21.1   established by the state.  The requirement must be included in 
 21.2   all contracts for the procurement of information technology by, 
 21.3   or for the use of, agencies, political subdivisions, the 
 21.4   University of Minnesota, and the Minnesota state colleges and 
 21.5   universities. 
 21.6      (b) The nonvisual access standards must include the 
 21.7   following minimum specifications: 
 21.8      (1) effective, interactive control and use of the 
 21.9   technology, including the operating system, applications 
 21.10  programs, prompts, and format of the data presented, must be 
 21.11  readily achievable by nonvisual means; 
 21.12     (2) the nonvisual access technology must be compatible with 
 21.13  information technology used by other individuals with whom the 
 21.14  blind or visually impaired individual must interact; 
 21.15     (3) nonvisual access technology must be integrated into 
 21.16  networks used to share communications among employees, program 
 21.17  participants, and the public; and 
 21.18     (4) the nonvisual access technology must have the 
 21.19  capability of providing equivalent access by nonvisual means to 
 21.20  telecommunications or other interconnected network services used 
 21.21  by persons who are not blind or visually impaired. 
 21.22     (c) Nothing in this section requires the installation of 
 21.23  software or peripheral devices used for nonvisual access when 
 21.24  the information technology is being used by individuals who are 
 21.25  not blind or visually impaired. 
 21.26     (d) Compliance with this section in regard to information 
 21.27  technology purchased prior to August 1, 1998, must be achieved 
 21.28  at the time of procurement of an upgrade or replacement of the 
 21.29  existing equipment or software.  
 21.30     Sec. 34.  [16B.76] [CONSTRUCTION CODES ADVISORY COUNCIL.] 
 21.31     Subdivision 1.  [MEMBERSHIP.] (a) The construction codes 
 21.32  advisory council consists of the following members: 
 21.33     (1) the commissioner of administration or the 
 21.34  commissioner's designee representing the department's building 
 21.35  codes and standards division; 
 21.36     (2) the commissioner of health or the commissioner's 
 22.1   designee representing an environmental health section of the 
 22.2   department; 
 22.3      (3) the commissioner of public safety or the commissioner's 
 22.4   designee representing the department's state fire marshal 
 22.5   division; 
 22.6      (4) the commissioner of public service or the 
 22.7   commissioner's designee representing the department's energy 
 22.8   division; 
 22.9      (5) two members representing the Minnesota Building 
 22.10  Officials, one of whom must reside outside the metropolitan 
 22.11  area, as defined in section 473.121, subdivision 2, appointed by 
 22.12  the commissioner of administration; and 
 22.13     (6) one member representing each of the following 
 22.14  organizations and appointed by the commissioner of 
 22.15  administration: 
 22.16     (i) Fire Marshal's Association of Minnesota; 
 22.17     (ii) Minnesota State Fire Chiefs Association; 
 22.18     (iii) American Institute of Architects Minnesota; 
 22.19     (iv) Consulting Engineers Council of Minnesota; 
 22.20     (v) Building Owners and Managers Association; 
 22.21     (vi) Builders Association of Minnesota; 
 22.22     (vii) Associated General Contractors of Minnesota; 
 22.23     (viii) Associated Builders and Contractors of Minnesota, 
 22.24  Inc.; 
 22.25     (ix) Minnesota Association of Plumbing, Heating, and 
 22.26  Cooling Contractors; 
 22.27     (x) Minnesota Mechanical Contractors Association; 
 22.28     (xi) League of Minnesota Cities; 
 22.29     (xii) Sheet Metal, Air Conditioning, and Roofing 
 22.30  Contractors; 
 22.31     (xiii) Minnesota Electrical Association; 
 22.32     (xiv) Minnesota Utility Contractors Association; 
 22.33     (xv) National Electrical Contractors Association; and 
 22.34     (xvi) Building and Construction Trades. 
 22.35     (b) For members who are not state officials or employees, 
 22.36  terms, compensation, removal, and the filling of vacancies are 
 23.1   governed by section 15.059.  The council shall select one of its 
 23.2   members to serve as chair. 
 23.3      (c) The council expires June 30, 2001. 
 23.4      Subd. 2.  [DUTIES OF THE COUNCIL.] (a) The council shall 
 23.5   review laws, codes, rules, standards, and licensing requirements 
 23.6   relating to building construction and may: 
 23.7      (1) recommend ways to eliminate inconsistencies, to 
 23.8   streamline construction regulation and construction processes, 
 23.9   and to improve procedures within and among jurisdictions; 
 23.10     (2) review and comment on current and proposed laws and 
 23.11  rules to promote coordination and consistency; 
 23.12     (3) advise agencies on possible changes in rules to make 
 23.13  them easier to understand and apply; and 
 23.14     (4) promote the coordination, within each jurisdiction, of 
 23.15  the administration and enforcement of construction codes. 
 23.16     (b) The council shall report its findings and 
 23.17  recommendations to the commissioner of administration and the 
 23.18  head of any other affected agency by the end of each calendar 
 23.19  year.  The council may recommend changes in laws or rules 
 23.20  governing building construction.  The council may establish 
 23.21  subcommittees to facilitate its work. 
 23.22     Subd. 3.  [AGENCY COOPERATION.] State agencies and local 
 23.23  governmental units shall cooperate with the council and, so far 
 23.24  as possible, provide information or assistance to it upon its 
 23.25  request.  The commissioner of administration shall provide 
 23.26  necessary staff and administrative support to the council.  
 23.27     Sec. 35.  Minnesota Statutes 1996, section 16D.02, 
 23.28  subdivision 3, is amended to read: 
 23.29     Subd. 3.  [DEBT.] "Debt" means an amount owed to the state 
 23.30  directly, or through a state agency, on account of a fee, duty, 
 23.31  lease, direct loan, loan insured or guaranteed by the state, 
 23.32  rent, service, sale of real or personal property, overpayment, 
 23.33  fine, assessment, penalty, restitution, damages, interest, tax, 
 23.34  bail bond, forfeiture, reimbursement, liability owed, an 
 23.35  assignment to the state including assignments under sections 
 23.36  256.72 to 256.87, the Social Security Act, or other state or 
 24.1   federal law, recovery of costs incurred by the state, or any 
 24.2   other source of indebtedness to the state.  Debt also includes 
 24.3   amounts owed to individuals as a result of civil, criminal, or 
 24.4   administrative action brought by the state or a state agency 
 24.5   pursuant to its statutory authority or for which the state or 
 24.6   state agency acts in a fiduciary capacity in providing 
 24.7   collection services in accordance with the regulations adopted 
 24.8   under the Social Security Act at Code of Federal Regulations, 
 24.9   title 45, section 302.33.  Debt also includes an amount owed to 
 24.10  the courts or University of Minnesota for which the commissioner 
 24.11  provides collection services pursuant to contract. 
 24.12     Sec. 36.  Minnesota Statutes 1996, section 16D.04, 
 24.13  subdivision 1, is amended to read: 
 24.14     Subdivision 1.  [DUTIES.] The commissioner shall provide 
 24.15  services to the state and its agencies to collect debts owed the 
 24.16  state.  The commissioner is not a collection agency as defined 
 24.17  by section 332.31, subdivision 3, and is not licensed, bonded, 
 24.18  or regulated by the commissioner of commerce under sections 
 24.19  332.31 to 332.35 or 332.38 to 332.45.  The commissioner is 
 24.20  subject to section 332.37, except clause (9) or, (10), (12), or 
 24.21  (19).  Debts referred to the commissioner for collection under 
 24.22  section 256.9792 may in turn be referred by the commissioner to 
 24.23  the enterprise.  An audited financial statement may not be 
 24.24  required as a condition of debt placement with a private agency 
 24.25  if the private agency:  (1) has errors and omissions coverage 
 24.26  under a professional liability policy in an amount of at least 
 24.27  $1,000,000; or (2) has a fidelity bond to cover actions of its 
 24.28  employees, in an amount of at least $100,000.  In cases of debts 
 24.29  referred under section 256.9792, the provisions of this chapter 
 24.30  and section 256.9792 apply to the extent they are not in 
 24.31  conflict.  If they are in conflict, the provisions of section 
 24.32  256.9792 control.  For purposes of this chapter, the referring 
 24.33  agency for such debts remains the department of human services. 
 24.34     Sec. 37.  Minnesota Statutes 1996, section 16D.04, 
 24.35  subdivision 4, is amended to read: 
 24.36     Subd. 4.  [AUTHORITY TO CONTRACT.] The 
 25.1   commissioner commissioners of revenue and finance may contract 
 25.2   with credit bureaus, private collection agencies, and other 
 25.3   entities as necessary for the collection of debts.  A private 
 25.4   collection agency acting under a contract with the 
 25.5   commissioner commissioners of revenue and finance is subject to 
 25.6   sections 332.31 to 332.45, except that the private collection 
 25.7   agency may indicate that it is acting under a contract with 
 25.8   the commissioner state.  The commissioner may not delegate the 
 25.9   powers provided under section 16D.08 to any nongovernmental 
 25.10  entity. 
 25.11     Sec. 38.  [16D.045] [STAFF.] 
 25.12     Any staff hired by the commissioner of revenue after June 
 25.13  30, 1998, to work for the Minnesota collection enterprise must 
 25.14  be located in the Ely office. 
 25.15     Sec. 39.  Minnesota Statutes 1996, section 16D.08, 
 25.16  subdivision 2, is amended to read: 
 25.17     Subd. 2.  [POWERS.] In addition to the collection remedies 
 25.18  available to private collection agencies in this state, the 
 25.19  commissioner, with legal assistance from the attorney general, 
 25.20  may utilize any statutory authority granted to a referring 
 25.21  agency for purposes of collecting debt owed to that referring 
 25.22  agency.  The commissioner may also delegate to the enterprise 
 25.23  the tax collection remedies in sections 270.06, clauses (7) and 
 25.24  (17), excluding the power to subpoena witnesses; 270.66; 270.69, 
 25.25  excluding subdivisions 7 and 13; 270.70, excluding subdivision 
 25.26  14; 270.7001 to 270.72; and 290.92, subdivision 23, except that 
 25.27  a continuous wage levy under section 290.92, subdivision 23, is 
 25.28  only effective for 70 days, unless no competing wage 
 25.29  garnishments, executions, or levies are served within the 70-day 
 25.30  period, in which case a wage levy is continuous until a 
 25.31  competing garnishment, execution, or levy is served in the 
 25.32  second or a succeeding 70-day period, in which case a continuous 
 25.33  wage levy is effective for the remainder of that period.  A 
 25.34  debtor who qualifies for cancellation of the collection penalty 
 25.35  costs under section 16D.11, subdivision 3, clause (1), can apply 
 25.36  to the commissioner for reduction or release of a continuous 
 26.1   wage levy, if the debtor establishes that the debtor needs all 
 26.2   or a portion of the wages being levied upon to pay for essential 
 26.3   living expenses, such as food, clothing, shelter, medical care, 
 26.4   or expenses necessary for maintaining employment.  The 
 26.5   commissioner's determination not to reduce or release a 
 26.6   continuous wage levy is appealable to district court.  The word 
 26.7   "tax" or "taxes" when used in the tax collection statutes listed 
 26.8   in this subdivision also means debts referred under this 
 26.9   chapter.  For debts other than state taxes or child support, 
 26.10  before any of the tax collection remedies listed in this 
 26.11  subdivision can be used, except for the remedies in section 
 26.12  270.06, clauses (7) and (17), if the referring agency has not 
 26.13  already obtained a judgment or filed a lien, the commissioner 
 26.14  must first obtain a judgment against the debtor.  
 26.15     Sec. 40.  Minnesota Statutes 1996, section 16D.11, as 
 26.16  amended by Laws 1997, chapter 187, article 3, section 3, is 
 26.17  amended to read: 
 26.18     16D.11 [COLLECTION PENALTY COSTS.] 
 26.19     Subdivision 1.  [IMPOSITION.] As determined by the 
 26.20  commissioner of finance, a penalty collection costs shall be 
 26.21  added to the debts referred to the commissioner or private 
 26.22  collection agency for collection.  The penalty is Collection 
 26.23  costs are collectible by the commissioner or private agency from 
 26.24  the debtor at the same time and in the same manner as the 
 26.25  referred debt.  The referring agency shall advise the debtor of 
 26.26  the penalty collection costs under this section and the debtor's 
 26.27  right to cancellation of the penalty collection costs under 
 26.28  subdivision 3 at the time the agency sends notice to the debtor 
 26.29  under section 16D.07.  If the commissioner or private agency 
 26.30  collects an amount less than the total due, the payment is 
 26.31  applied proportionally to the penalty collection costs and the 
 26.32  underlying debt unless the commissioner of finance has waived 
 26.33  this requirement for certain categories of debt pursuant to the 
 26.34  department's internal guidelines.  Penalties Collection costs 
 26.35  collected by the commissioner under this subdivision or retained 
 26.36  under subdivision 6 shall be deposited in the general fund as 
 27.1   nondedicated receipts.  Penalties Collection costs collected by 
 27.2   private agencies are appropriated to the referring agency to pay 
 27.3   the collection fees charged by the private agency.  Penalty 
 27.4   Collections of collection costs in excess of collection agency 
 27.5   fees must be deposited in the general fund as nondedicated 
 27.6   receipts.  
 27.7      Subd. 2.  [COMPUTATION.] Beginning July 1, 1995, At the 
 27.8   time a debt is referred, the amount of the penalty collection 
 27.9   costs is equal to 15 percent of the debt, or 25 percent of the 
 27.10  debt remaining unpaid if the commissioner or private collection 
 27.11  agency has to take enforced collection action by serving a 
 27.12  summons and complaint on or entering judgment against the 
 27.13  debtor, or by utilizing any of the remedies authorized under 
 27.14  section 16D.08, subdivision 2, except for the remedies in 
 27.15  sections 270.06, clause (7), and 270.66 or when referred by the 
 27.16  commissioner for additional collection activity by a private 
 27.17  collection agency.  If, after referral of a debt to a private 
 27.18  collection agency, the debtor requests cancellation of the 
 27.19  penalty collection costs under subdivision 3, the debt must be 
 27.20  returned to the commissioner for resolution of the request. 
 27.21     Subd. 3.  [CANCELLATION.] The penalty Collection costs 
 27.22  imposed under subdivision 1 shall be canceled and subtracted 
 27.23  from the amount due if: 
 27.24     (1) the debtor's household income as defined in section 
 27.25  290A.03, subdivision 5, excluding the exemption subtractions in 
 27.26  subdivision 3, paragraph (3) of that section, for the 12 months 
 27.27  preceding the date of referral is less than twice the annual 
 27.28  federal poverty guideline under United States Code, title 42, 
 27.29  section 9902, subsection (2); 
 27.30     (2) within 60 days after the first contact with the debtor 
 27.31  by the enterprise or collection agency, the debtor establishes 
 27.32  reasonable cause for the failure to pay the debt prior to 
 27.33  referral of the debt to the enterprise; 
 27.34     (3) a good faith dispute as to the legitimacy or the amount 
 27.35  of the debt is made, and payment is remitted or a payment 
 27.36  agreement is entered into within 30 days after resolution of the 
 28.1   dispute; 
 28.2      (4) good faith litigation occurs and the debtor's position 
 28.3   is substantially justified, and if the debtor does not totally 
 28.4   prevail, the debt is paid or a payment agreement is entered into 
 28.5   within 30 days after the judgment becomes final and 
 28.6   nonappealable; or 
 28.7      (5) penalties collection costs have been added by the 
 28.8   referring agency and are included in the amount of the referred 
 28.9   debt. 
 28.10     Subd. 4.  [APPEAL.] Decisions of the commissioner denying 
 28.11  an application to cancel the penalty collection costs under 
 28.12  subdivision 3 are subject to the contested case procedure under 
 28.13  chapter 14. 
 28.14     Subd. 5.  [REFUND.] If a penalty is collection costs are 
 28.15  collected and then canceled, the amount of the penalty 
 28.16  collection costs shall be refunded to the debtor within 30 
 28.17  days.  The amount necessary to pay the refunds is annually 
 28.18  appropriated to the commissioner. 
 28.19     Subd. 6.  [CHARGE TO REFERRING AGENCY.] If the penalty 
 28.20  is collection costs are canceled under subdivision 3, an amount 
 28.21  equal to the penalty is retained by the commissioner from the 
 28.22  debt collected, and is accounted for and subject to the same 
 28.23  provisions of this chapter as if the penalty had been collected 
 28.24  from the debtor. 
 28.25     Subd. 7.  [ADJUSTMENT OF RATE.] By June 1 of each year, the 
 28.26  commissioner of finance shall determine the rate of the 
 28.27  penalty collection costs for debts referred to the enterprise 
 28.28  during the next fiscal year.  The rate is a percentage of the 
 28.29  debts in an amount that most nearly equals the costs of the 
 28.30  enterprise necessary to process and collect referred debts under 
 28.31  this chapter.  In no event shall the rate of the penalty 
 28.32  collection costs when a debt is first referred exceed 
 28.33  three-fifths of the maximum penalty collection costs, and in no 
 28.34  event shall the rate of the maximum penalty collection costs 
 28.35  exceed 25 percent of the debt.  Determination of the rate of the 
 28.36  penalty collection costs under this section is not subject to 
 29.1   the fee setting requirements of section 16A.1285. 
 29.2      Sec. 41.  Minnesota Statutes 1996, section 16D.16, is 
 29.3   amended to read: 
 29.4      16D.16 [SETOFFS.] 
 29.5      Subdivision 1.  [AUTHORIZATION.] Unless prohibited by other 
 29.6   law, the state agency utilizes a more specific setoff statute, 
 29.7   or the state payments are subject to a more specific setoff 
 29.8   statute, the commissioner or a state agency may automatically 
 29.9   deduct the amount of a debt owed to the state from any state 
 29.10  payment due to the debtor, except tax refunds, earned income tax 
 29.11  credit, child care tax credit, prejudgment debts of $5,000 or 
 29.12  less, funds exempt under section 550.37, or funds owed an 
 29.13  individual who receives.  Earned income tax credit, child care 
 29.14  credit, funds exempt under section 550.37, or funds owed to an 
 29.15  individual who is receiving assistance under the provisions of 
 29.16  chapter 256 are not subject to setoff under this chapter 
 29.17  section.  If a debtor has entered into a written payment plan 
 29.18  with respect to payment of a specified debt, the right of setoff 
 29.19  may not be used to satisfy that debt.  Notwithstanding section 
 29.20  181.79, the state may deduct from the wages due or earned by a 
 29.21  state employee to collect a debt, subject to the limitations in 
 29.22  section 571.922. 
 29.23     Subd. 2.  [NOTICE AND HEARING.] Before setoff, the 
 29.24  commissioner or state agency shall mail written notice by 
 29.25  certified mail to the debtor, addressed to the debtor's last 
 29.26  known address, that the commissioner or state agency intends to 
 29.27  set off a debt owed to the state by the debtor against future 
 29.28  payments due the debtor from the state.  For debts owed to the 
 29.29  state that have not been reduced to judgment, if no opportunity 
 29.30  to be heard or administrative appeal process or a hearing by an 
 29.31  impartial decision maker on the validity or accuracy of the debt 
 29.32  has yet been made available to the debtor to contest the 
 29.33  validity or accuracy of the debt, before setoff for a 
 29.34  prejudgment debt, the notice to the debtor must advise that the 
 29.35  debtor has a right to make a written request for a contested 
 29.36  case hearing on the validity of the debt or the right to 
 30.1   setoff.  The debtor has 30 days from the date of that notice to 
 30.2   make a written request for a contested case hearing to contest 
 30.3   the validity of the debt or the right to setoff.  The debtor's 
 30.4   request must state the debtor's reasons for contesting the debt 
 30.5   or the right to setoff.  If the commissioner or state agency 
 30.6   desires to pursue the right to setoff following receipt of the 
 30.7   debtor's request for a hearing, the commissioner or state agency 
 30.8   shall schedule a contested case hearing within 30 days of the 
 30.9   receipt of the request for the hearing.  If the commissioner or 
 30.10  state agency decides not to pursue the right to setoff, the 
 30.11  debtor must be notified of that decision. 
 30.12     Sec. 42.  Minnesota Statutes 1997 Supplement, section 
 30.13  16E.07, subdivision 3, is amended to read: 
 30.14     Subd. 3.  [ACCESS TO DATA.] The legislature determines that 
 30.15  the greatest possible access to certain government information 
 30.16  and data is essential to allow citizens to participate fully in 
 30.17  a democratic system of government.  Certain information and 
 30.18  data, including, but not limited to the following, must be 
 30.19  provided free of charge or for a nominal cost associated with 
 30.20  reproducing the information or data: 
 30.21     (1) directories of government services and institutions, 
 30.22  including an electronic version of the guidebook to state agency 
 30.23  services published by the commissioner of administration; 
 30.24     (2) legislative and rulemaking information, including an 
 30.25  electronic version of the State Register, public information 
 30.26  newsletters, bill text and summaries, bill status information, 
 30.27  rule status information, meeting schedules, and the text of 
 30.28  statutes and rules; 
 30.29     (3) supreme court and court of appeals opinions and general 
 30.30  judicial information; 
 30.31     (4) opinions of the attorney general; 
 30.32     (5) campaign finance and public disclosure board and 
 30.33  election information; 
 30.34     (6) public budget information; 
 30.35     (7) local government documents, such as codes, ordinances, 
 30.36  minutes, meeting schedules, and other notices in the public 
 31.1   interest; 
 31.2      (8) official documents, releases, speeches, and other 
 31.3   public information issued by government agencies; and 
 31.4      (9) the text of other government documents and publications 
 31.5   that government agencies determine are important to public 
 31.6   understanding of government activities. 
 31.7      Sec. 43.  Minnesota Statutes 1996, section 43A.17, 
 31.8   subdivision 8, is amended to read: 
 31.9      Subd. 8.  [ACCUMULATED VACATION LEAVE.] The commissioner of 
 31.10  employee relations shall not agree to a collective bargaining 
 31.11  agreement or recommend a compensation plan pursuant to section 
 31.12  43A.18, subdivisions 1, 2, 3, and 4, nor shall an arbitrator 
 31.13  issue an award under sections 179A.01 to 179A.25, if the 
 31.14  compensation plan, agreement, or award permits an employee to 
 31.15  convert accumulated vacation leave into cash before separation 
 31.16  from state service.  
 31.17     This section does not prohibit the commissioner from 
 31.18  negotiating a collective bargaining agreement or recommending 
 31.19  approval of a compensation plan which:  (1) permits an employee 
 31.20  to receive payment for accumulated vacation leave upon beginning 
 31.21  an unpaid leave of absence approved for more than one year in 
 31.22  duration if the leave of absence is not for the purpose of 
 31.23  accepting an unclassified position in state civil service; or 
 31.24  (2) permits an employee to receive payment for accumulated 
 31.25  vacation leave upon layoff. 
 31.26     Sec. 44.  Minnesota Statutes 1997 Supplement, section 
 31.27  43A.30, subdivision 4, is amended to read: 
 31.28     Subd. 4.  [EMPLOYEE INSURANCE TRUST FUND.] The commissioner 
 31.29  of employee relations may direct that all or a part of the 
 31.30  amounts paid for life insurance, hospital, medical, and dental 
 31.31  benefits, and optional coverages authorized for eligible 
 31.32  employees and other eligible persons be deposited by the state 
 31.33  in an employee insurance trust fund in the state treasury, from 
 31.34  which the approved claims of eligibles are to be paid.  
 31.35  Investment income and investment losses attributable to the 
 31.36  investment of the fund shall be credited to the fund.  There is 
 32.1   appropriated from the fund to the commissioner amounts needed to 
 32.2   pay the approved claims of eligibles, related service charges, 
 32.3   insurance premiums, costs of the state employee assistance 
 32.4   program diagnostic and referral services under section 16B.39, 
 32.5   and refunds.  The commissioner shall not market or self-insure 
 32.6   life insurance.  The commissioner may market and self-insure 
 32.7   dental and optional coverages.  Nothing in this subdivision 
 32.8   precludes the commissioner from determining plan design, 
 32.9   providing informational materials, or communicating with 
 32.10  employees about coverages. 
 32.11     Sec. 45.  Minnesota Statutes 1996, section 43A.317, 
 32.12  subdivision 8, is amended to read: 
 32.13     Subd. 8.  [PREMIUMS.] (a)  [PAYMENTS.] Employers enrolled 
 32.14  in the program shall pay premiums according to terms established 
 32.15  by the commissioner.  If an employer fails to make the required 
 32.16  payments, the commissioner may cancel coverage and pursue other 
 32.17  civil remedies. 
 32.18     (b)  [RATING METHOD.] The commissioner shall determine the 
 32.19  premium rates and rating method for the program.  The rating 
 32.20  method for eligible small employers must meet or exceed the 
 32.21  requirements of chapter 62L.  The rating methods must recover in 
 32.22  premiums all of the ongoing costs for state administration and 
 32.23  for maintenance of a premium stability and claim fluctuation 
 32.24  reserve.  Premiums must be established so as to recover and 
 32.25  repay within five years after July 1, 1993, any direct 
 32.26  appropriations received to provide start-up administrative 
 32.27  costs.  Premiums must be established so as to recover and repay 
 32.28  within five years after July 1, 1993, any direct appropriations 
 32.29  received to establish initial reserves.  On June 30, 1999, after 
 32.30  paying all necessary and reasonable expenses, the commissioner 
 32.31  must apply up to $2,075,000 of any remaining balance in the 
 32.32  Minnesota employees' insurance trust fund to repayment of any 
 32.33  amounts drawn or expended for this program from the health care 
 32.34  access fund. 
 32.35     (c)  [TAXES AND ASSESSMENTS.] To the extent that the 
 32.36  program operates as a self-insured group, the premiums paid to 
 33.1   the program are not subject to the premium taxes imposed by 
 33.2   sections 60A.15 and 60A.198, but the program is subject to a 
 33.3   Minnesota comprehensive health association assessment under 
 33.4   section 62E.11. 
 33.5      Sec. 46.  Minnesota Statutes 1996, section 179A.16, 
 33.6   subdivision 1, is amended to read: 
 33.7      Subdivision 1.  [NONESSENTIAL EMPLOYEES.] An exclusive 
 33.8   representative or an employer of a unit of employees other than 
 33.9   essential employees may request interest arbitration by 
 33.10  providing written notice of the request to the other party and 
 33.11  the commissioner.  The written request for arbitration must 
 33.12  specify the items to be submitted to arbitration and whether 
 33.13  conventional, final-offer total-package, or final-offer 
 33.14  item-by-item arbitration is contemplated by the request. 
 33.15     Except for city attorney legal units, the items to be 
 33.16  submitted to arbitration and the form of arbitration to be used 
 33.17  are subject to mutual agreement.  If an agreement to arbitrate 
 33.18  is reached, it must be reduced to writing and a copy of the 
 33.19  agreement filed with the commissioner.  A failure to respond, or 
 33.20  to reach agreement on the items or form of arbitration, within 
 33.21  15 days of receipt of the request to arbitrate constitutes a 
 33.22  rejection of the request. 
 33.23     Sec. 47.  Minnesota Statutes 1996, section 179A.16, is 
 33.24  amended by adding a subdivision to read: 
 33.25     Subd. 1a.  [CITY ATTORNEY LEGAL UNITS.] An exclusive 
 33.26  representative or employer of a city attorney legal unit may 
 33.27  petition for binding interest arbitration by filing a written 
 33.28  request with the other party and the commissioner.  The written 
 33.29  request must specify the items that the party wishes to submit 
 33.30  to binding arbitration.  Within 15 days of the request, the 
 33.31  commissioner shall determine whether further mediation of the 
 33.32  dispute would be appropriate and shall only certify matters to 
 33.33  the board in cases where the commissioner believes that both 
 33.34  parties have made substantial, good faith bargaining efforts and 
 33.35  that an impasse has occurred. 
 33.36     Sec. 48.  Minnesota Statutes 1996, section 179A.16, 
 34.1   subdivision 3, is amended to read: 
 34.2      Subd. 3.  [PROCEDURE.] Within 15 days from the time the 
 34.3   commissioner has certified a matter to be ready for binding 
 34.4   arbitration because of an agreement under subdivision 1 or in 
 34.5   accordance with subdivision 1a or 2, both parties shall submit 
 34.6   their final positions on the items in dispute.  In the event of 
 34.7   a dispute over the items to be submitted to binding arbitration 
 34.8   involving essential employees, the commissioner shall determine 
 34.9   the items to be decided by arbitration based on the efforts to 
 34.10  mediate the dispute and the positions submitted by the parties 
 34.11  during the course of those efforts.  The parties may stipulate 
 34.12  items to be excluded from arbitration. 
 34.13     Sec. 49.  Minnesota Statutes 1996, section 179A.16, 
 34.14  subdivision 9, is amended to read: 
 34.15     Subd. 9.  [NO ARBITRATION.] Failure to reach agreement on 
 34.16  employer payment of, or contributions toward, premiums for group 
 34.17  insurance coverage of retired employees is not subject to 
 34.18  interest arbitration procedures under this section, except for 
 34.19  units of essential employees and city attorney legal units. 
 34.20     Sec. 50.  Minnesota Statutes 1996, section 179A.18, 
 34.21  subdivision 1, is amended to read: 
 34.22     Subdivision 1.  [WHEN AUTHORIZED.] Essential employees may 
 34.23  not strike.  Except as otherwise provided by subdivision 2 and 
 34.24  section 179A.17, subdivision 2, other public employees may 
 34.25  strike only under the following circumstances:  
 34.26     (1)(a) the collective bargaining agreement between their 
 34.27  exclusive representative and their employer has expired or, if 
 34.28  there is no agreement, impasse under section 179A.17, 
 34.29  subdivision 2, has occurred; and 
 34.30     (b) the exclusive representative and the employer have 
 34.31  participated in mediation over a period of at least 45 days, 
 34.32  provided that the mediation period established by section 
 34.33  179A.17, subdivision 2, governs negotiations under that section, 
 34.34  and provided that for the purposes of this subclause the 
 34.35  mediation period commences on the day following receipt by the 
 34.36  commissioner of a request for mediation; or 
 35.1      (2) the employer violates section 179A.13, subdivision 2, 
 35.2   clause (9); or 
 35.3      (3) in the case of city attorney legal units, neither the 
 35.4   exclusive representative nor the employer has petitioned for 
 35.5   binding interest arbitration in accordance with section 179A.16; 
 35.6   or 
 35.7      (4) in the case of state employees,: 
 35.8      (a) the legislative commission on employee relations has 
 35.9   rejected a negotiated agreement or arbitration decision during a 
 35.10  legislative interim; or 
 35.11     (b) the entire legislature rejects or fails to ratify a 
 35.12  negotiated agreement or arbitration decision, which has been 
 35.13  approved during a legislative interim by the legislative 
 35.14  commission on employee relations, at a special legislative 
 35.15  session called to consider it, or at its next regular 
 35.16  legislative session, whichever occurs first. 
 35.17     Sec. 51.  Minnesota Statutes 1997 Supplement, section 
 35.18  270.063, subdivision 1, is amended to read: 
 35.19     Subdivision 1.  [APPROPRIATION.] For the purpose of 
 35.20  collecting delinquent state tax liabilities or debts as defined 
 35.21  in section 16D.02, subdivision 3, there is appropriated to the 
 35.22  commissioner of revenue an amount representing the cost of 
 35.23  collection by contract with collection agencies, revenue 
 35.24  departments of other states, or attorneys to enable the 
 35.25  commissioner to reimburse these agencies, departments, or 
 35.26  attorneys for this service.  The commissioner shall report 
 35.27  quarterly on the status of this program to the chair of the 
 35.28  house tax and appropriation committees and senate tax and 
 35.29  finance committees. 
 35.30     Sec. 52.  [325G.53] [CONSUMER EDUCATION; TELEMARKETING 
 35.31  FRAUD.] 
 35.32     Subdivision 1.  [ESTABLISHMENT.] The attorney general shall 
 35.33  establish an outreach advocacy network to educate citizens of 
 35.34  the state with respect to telemarketing fraud. 
 35.35     Subd. 2.  [DUTIES.] The advocacy network shall: 
 35.36     (1) conduct clinics and seminars throughout the state to 
 36.1   educate consumers with respect to telemarketing fraud, including 
 36.2   providing an explanation of rights under federal and state law, 
 36.3   such as the right to be placed on an individual business's 
 36.4   no-call list, and recommending effective strategies to combat 
 36.5   fraud; 
 36.6      (2) facilitate outreach to groups particularly susceptible 
 36.7   to telemarketing fraud by training advocates for senior citizens 
 36.8   and other consumer groups to conduct clinics and seminars in 
 36.9   their communities; 
 36.10     (3) prepare and publish informational brochures on 
 36.11  telemarketing fraud for distribution to consumers; and 
 36.12     (4) serve as an information clearinghouse within the state 
 36.13  to assist consumers and others to obtain information with 
 36.14  respect to current fraudulent telemarketing activity in the 
 36.15  state. 
 36.16     Sec. 53.  Minnesota Statutes 1996, section 469.177, 
 36.17  subdivision 11, is amended to read: 
 36.18     Subd. 11.  [DEDUCTION FOR ENFORCEMENT COSTS; 
 36.19  APPROPRIATION.] (a) The county treasurer shall deduct an amount 
 36.20  equal to 0.1 0.2 percent of any increment distributed to an 
 36.21  authority or municipality.  The county treasurer shall pay the 
 36.22  amount deducted to the state treasurer for deposit in the state 
 36.23  general fund. 
 36.24     (b) The amounts deducted and paid under paragraph (a) are 
 36.25  appropriated to the state auditor for the cost of (1) the 
 36.26  financial reporting of tax increment financing information and 
 36.27  (2) the cost of examining and auditing of authorities' use of 
 36.28  tax increment financing as provided under section 469.1771, 
 36.29  subdivision 1.  Notwithstanding section 16A.28 or any other law 
 36.30  to the contrary, this appropriation does not cancel and remains 
 36.31  available until spent.  
 36.32     Sec. 54.  Laws 1997, chapter 202, article 4, section 13, 
 36.33  subdivision 7, is amended to read: 
 36.34     Subd. 7.  [EXPIRATION.] This section expires June 30, 
 36.35  1998 December 31, 1998. 
 36.36     Sec. 55.  [ADVISORY COUNCIL MEMBERSHIP EXPANDED.] 
 37.1      (a) The membership of the advisory council on 
 37.2   community-based planning established under Laws 1997, chapter 
 37.3   202, article 4, section 13, subdivision 3, is increased by six 
 37.4   voting members appointed as follows: 
 37.5      (1) two members appointed by the association of counties; 
 37.6      (2) two members appointed by the township officers 
 37.7   association; 
 37.8      (3) one member appointed by the coalition of greater 
 37.9   Minnesota cities; and 
 37.10     (4) one member appointed by the Minnesota association of 
 37.11  small cities. 
 37.12     (b) All of the members appointed under paragraph (a), 
 37.13  clauses (1) to (4), must reside outside of the seven-county 
 37.14  metropolitan area. 
 37.15     Sec. 56.  [FUNDING FROM EXISTING BUDGET.] 
 37.16     The office of strategic and long-range planning shall 
 37.17  provide administrative and staff support, and otherwise pay the 
 37.18  costs of the advisory council, including extra costs imposed by 
 37.19  section 55, on community-based planning out of its existing 
 37.20  budget. 
 37.21     Sec. 57.  [SETTLEMENT DIVISION; TRANSFER OF JUDGES.] 
 37.22     The office of administrative hearings shall establish a 
 37.23  settlement division.  The workers' compensation judges at the 
 37.24  department of labor and industry, together with their support 
 37.25  staff, offices, furnishings, equipment, and supplies, are 
 37.26  transferred to the settlement division of the office of 
 37.27  administrative hearings.  Minnesota Statutes, section 15.039, 
 37.28  applies to the transfer of employees.  The settlement division 
 37.29  of the office of administrative hearings shall maintain offices 
 37.30  in the cities of St. Paul, Duluth, and Detroit Lakes.  The 
 37.31  office of a judge in the settlement division of the office of 
 37.32  administrative hearings and the support staff of the judge may 
 37.33  be located in a building that contains offices of the department 
 37.34  of labor and industry.  The seniority of a workers' compensation 
 37.35  judge at the office of administrative hearings, after the 
 37.36  transfer, shall be based on the total length of service at 
 38.1   either agency.  For purposes of the commissioner's plan under 
 38.2   Minnesota Statutes, section 43A.18, subdivision 2, all 
 38.3   compensation judges at the office of administrative hearings 
 38.4   shall be considered to be in the same employment condition, the 
 38.5   same organizational unit and qualified for work in either 
 38.6   division. 
 38.7      Sec. 58.  [TRANSFER.] 
 38.8      Subdivision 1.  [DUTIES AFFECTED.] (a) The powers and 
 38.9   duties assigned to the workers' compensation judges at the 
 38.10  department of labor and industry on July 1, 1997, shall be 
 38.11  transferred from the commissioner of the department of labor and 
 38.12  industry to the workers' compensation judges in the settlement 
 38.13  division of the office of administrative hearings.  These powers 
 38.14  and duties include the following: 
 38.15     (1) the authority to conduct settlement conferences and 
 38.16  issue summary decisions; 
 38.17     (2) the authority to approve settlement agreements and 
 38.18  issue orders on agreements; 
 38.19     (3) the authority to conduct administrative discontinuance 
 38.20  conferences, make determinations and issue orders regarding the 
 38.21  discontinuance disputes; 
 38.22     (4) the authority to issue orders on motions and conduct 
 38.23  special term evidentiary hearings related to the motions; 
 38.24     (5) the authority to approve attorney fees and award 
 38.25  taxable costs; 
 38.26     (6) the authority to make allocations of dependency 
 38.27  benefits; 
 38.28     (7) the authority to issue temporary orders; 
 38.29     (8) the authority to make an award regarding the remodeling 
 38.30  of the residence of a handicapped employee; 
 38.31     (9) the authority to conduct administrative conferences, 
 38.32  make determinations and issue orders regarding medical disputes 
 38.33  except where the amount in dispute is $1,500 or less; 
 38.34     (10) the authority to conduct administrative conferences, 
 38.35  make determinations and issue orders regarding retraining 
 38.36  disputes; and 
 39.1      (11) the authority to conduct administrative conferences, 
 39.2   make determinations and issue orders regarding any medical or 
 39.3   rehabilitation dispute where the commissioner of the department 
 39.4   of labor and industry determines that the issues involved should 
 39.5   be determined by a judge. 
 39.6      (b) The transfer of the power and duty to conduct 
 39.7   settlement conferences and approve settlement agreements does 
 39.8   not affect the ability of the commissioner of the department of 
 39.9   labor and industry to provide voluntary mediation services and 
 39.10  approve mediation agreements.  The powers and duties assigned to 
 39.11  the customer assistance teams on July 1, 1997, shall remain at 
 39.12  the department of labor and industry.  These powers shall 
 39.13  include: 
 39.14     (1) the authority to conduct voluntary mediation sessions; 
 39.15     (2) the authority to review mediation agreements and issue 
 39.16  mediation awards; 
 39.17     (3) the authority to conduct administrative conferences, 
 39.18  make determinations, and issue orders regarding rehabilitation 
 39.19  services and plans, other than disputes involving retraining; 
 39.20     (4) the authority to conduct administrative conferences, 
 39.21  make determinations, and issue orders regarding medical disputes 
 39.22  when the amount in dispute is $1,500 or less; and 
 39.23     (5) the authority to award interest in any matter decided 
 39.24  by the commissioner. 
 39.25     Subd. 2.  [REFERRAL.] Within ten days of filing, the 
 39.26  commissioner shall refer all claim petitions and petitions for 
 39.27  temporary orders, statements of attorney fees, objections to 
 39.28  penalty assessments, and any other formal petitions or related 
 39.29  filings, to the settlement division of the office of 
 39.30  administrative hearings for review by a compensation judge, the 
 39.31  compensation judge shall determine whether a settlement 
 39.32  conference or other action is appropriate.  Within ten days of 
 39.33  filing, the commissioner shall refer all medical requests except 
 39.34  where the amount in dispute is $1,500 or less, to the settlement 
 39.35  division of the office of administrative hearings for 
 39.36  administrative conference. 
 40.1      Subd. 3.  [PROHIBITION.] The commissioner of administration 
 40.2   may not use authority in Minnesota Statutes, section 16B.37, nor 
 40.3   may any other executive branch official use this or any other 
 40.4   authority, to transfer powers, duties, work, or employees 
 40.5   relating to workers compensation judges. 
 40.6      Sec. 59.  [TRANSFER OF FUNDS.] 
 40.7      The commissioner of finance shall, after consultation with 
 40.8   the commissioner of the department of labor and industry and the 
 40.9   chief administrative law judge, make the appropriate transfer of 
 40.10  funds from the department of labor and industry to the office of 
 40.11  administrative hearings.  The funds transferred shall be 
 40.12  sufficient to provide for the smooth operation of the settlement 
 40.13  division and pay the salaries of all personnel transferred to 
 40.14  the office of administrative hearings plus the salaries for any 
 40.15  judge or support staff positions that were filled on October 1, 
 40.16  1997, but are vacant on the effective date of this act.  The 
 40.17  commissioner of finance shall report to the legislature if the 
 40.18  appropriation for the department of labor and industry is 
 40.19  insufficient following the transfer of funds. 
 40.20     Sec. 60.  [SMALL CLAIMS COURT TRANSFER.] 
 40.21     The small claims court at the department of labor and 
 40.22  industry is transferred to the office of administrative hearings.
 40.23     Sec. 61.  [NO EFFECT ON CERTAIN AGREEMENTS.] 
 40.24     Sections 57 to 60 do not abrogate or modify the terms of a 
 40.25  memorandum of understanding entered into by the state and an 
 40.26  exclusive representative of state employees affected by the 
 40.27  transfer of duties in sections 57 to 60. 
 40.28     Sec. 62.  [PORTRAIT.] 
 40.29     If a private donor provides or provides funds for a museum 
 40.30  quality portrait of Rudy and Lola Perpich based on the portrait 
 40.31  currently on display at the Minnesota historical society, the 
 40.32  state must accept the gift.  The commissioner of administration 
 40.33  shall substitute the portrait of Rudy and Lola Perpich for the 
 40.34  portrait of Governor Rudy Perpich that currently is displayed on 
 40.35  the ground floor of the state capitol. 
 40.36     Sec. 63.  [LIVESTOCK INDUSTRY ENVIRONMENTAL STEERING 
 41.1   COMMITTEE.] 
 41.2      Subdivision 1.  [COMMITTEE.] The environmental quality 
 41.3   board shall establish the livestock industry environmental 
 41.4   steering committee consisting of representatives of the 
 41.5   livestock industry, environmental interests, and other 
 41.6   stakeholders.  The livestock environmental steering committee 
 41.7   shall advise the environmental quality board on the scope and 
 41.8   content of the generic environmental impact statement required 
 41.9   in subdivision 2. 
 41.10     Compensation of members and reimbursement of their expenses 
 41.11  is governed by Minnesota Statutes, section 15.059.  The 
 41.12  committee expires upon completion of the generic environmental 
 41.13  impact statement required in subdivision 2 and presentation of 
 41.14  the final report to the legislature. 
 41.15     Subd. 2.  [GENERIC ENVIRONMENTAL IMPACT STATEMENT.] A 
 41.16  generic environmental impact statement must be prepared under 
 41.17  the direction of the environmental quality board to examine the 
 41.18  long-term effects of the livestock industry as it exists and as 
 41.19  it is changing on the economy, environment, and way of life of 
 41.20  Minnesota and its citizens.  The study may address: 
 41.21     (1) the overall dimensions of animal agriculture in 
 41.22  Minnesota, including species of livestock; an inventory of 
 41.23  numbers, types, and locations of facilities; and the related 
 41.24  support networks and economic activity involved in the life 
 41.25  cycles of livestock; 
 41.26     (2) environmental issues associated with livestock 
 41.27  production from growing feed to raising the animals to their 
 41.28  shipment to their processing and sale to consumer; effects on 
 41.29  air, groundwater, surface water, land, and other aspects of the 
 41.30  environment both within and without the state examined and 
 41.31  correlated to various management practices, facilities, and 
 41.32  other variables affecting the environment; 
 41.33     (3) economic issues such as the various financial and 
 41.34  ownership arrangements currently or potentially used in the 
 41.35  industries, patterns of vertical integration, size, long-term 
 41.36  sustainability of various forms of ownership and production 
 42.1   methods, access to markets, current and anticipated financial 
 42.2   trends, effects of governmental policies, and comparative 
 42.3   economic impact of alternative means of production; and 
 42.4      (4) the roles of various units of government in regulation 
 42.5   of various aspects of feedlot operation including federal, 
 42.6   state, interstate bodies, counties, townships, soil conservation 
 42.7   districts, watershed districts, and others with planning, 
 42.8   zoning, or environmental responsibilities. 
 42.9      Subd. 3.  [EXPIRATION.] This section expires on June 30, 
 42.10  2001. 
 42.11     Sec. 64.  [CONTRACT REVIEW.] 
 42.12     The commissioner of the department of administration may 
 42.13  not implement the contract which is the subject of a request for 
 42.14  declaratory ruling before the Federal Communications Commission 
 42.15  in FCC Docket No. 98-1 until the later of September 1, 1998, or 
 42.16  until the chairs and lead minority members of the house and 
 42.17  senate governmental operations committees have had an 
 42.18  opportunity to review the policy implications of this contract 
 42.19  with their respective committees and other relevant committees 
 42.20  and provide the commissioner advice as to the advisability and 
 42.21  appropriateness of the contract. 
 42.22     Sec. 65.  [INSTRUCTION TO REVISOR.] 
 42.23     The revisor of statutes shall change the term "settlement 
 42.24  judge" to "compensation judge" wherever it appears in Minnesota 
 42.25  Statutes and Minnesota Rules. 
 42.26     Sec. 66.  [REPEALER.] 
 42.27     (a) Minnesota Statutes 1996, section 3.971, subdivision 3; 
 42.28  and Minnesota Statutes 1997 Supplement, sections 16A.11, 
 42.29  subdivision 3c; and 241.015, are repealed. 
 42.30     (b) Minnesota Statutes 1997 Supplement, sections 394.232, 
 42.31  subdivision 5; and 572A.01, are repealed.  
 42.32     Sec. 67.  [EFFECTIVE DATE.] 
 42.33     (a) Sections 17 to 19, 26 to 30, 54 to 60, and 66, 
 42.34  paragraph (a), are effective the day following final enactment. 
 42.35     (b) Section 33 is effective August 1, 1998. 
 42.36     (c) All appropriations for fiscal year 1998 are effective 
 43.1   the day following final enactment.  
 43.2                              ARTICLE 2
 43.3                      AGENCY PERFORMANCE REPORTS 
 43.4      Section 1.  Minnesota Statutes 1996, section 16A.055, 
 43.5   subdivision 6, is amended to read: 
 43.6      Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
 43.7   department's mission that within the department's resources the 
 43.8   commissioner shall endeavor to: 
 43.9      (1) prevent the waste or unnecessary spending of public 
 43.10  money; 
 43.11     (2) use innovative fiscal and human resource practices to 
 43.12  manage the state's resources and operate the department as 
 43.13  efficiently as possible; 
 43.14     (3) coordinate the department's activities wherever 
 43.15  appropriate with the activities of other governmental agencies; 
 43.16     (4) use technology where appropriate to increase agency 
 43.17  productivity, improve customer service, increase public access 
 43.18  to information about government, and increase public 
 43.19  participation in the business of government; 
 43.20     (5) utilize constructive and cooperative labor-management 
 43.21  practices to the extent otherwise required by chapters 43A and 
 43.22  179A; 
 43.23     (6) include specific objectives in report to the 
 43.24  legislature on the performance report required under section 
 43.25  15.91 to increase the efficiency of agency operations, when 
 43.26  appropriate and the accomplishment of agency goals; and 
 43.27     (7) recommend to the legislature, in the performance report 
 43.28  of the department required under section 15.91, appropriate 
 43.29  changes in law necessary to carry out the mission and improve 
 43.30  the performance of the department. 
 43.31     Sec. 2.  Minnesota Statutes 1996, section 16B.04, 
 43.32  subdivision 4, is amended to read: 
 43.33     Subd. 4.  [MISSION; EFFICIENCY.] It is part of the 
 43.34  department's mission that within the department's resources the 
 43.35  commissioner shall endeavor to: 
 43.36     (1) prevent the waste or unnecessary spending of public 
 44.1   money; 
 44.2      (2) use innovative fiscal and human resource practices to 
 44.3   manage the state's resources and operate the department as 
 44.4   efficiently as possible; 
 44.5      (3) coordinate the department's activities wherever 
 44.6   appropriate with the activities of other governmental agencies; 
 44.7      (4) use technology where appropriate to increase agency 
 44.8   productivity, improve customer service, increase public access 
 44.9   to information about government, and increase public 
 44.10  participation in the business of government; 
 44.11     (5) utilize constructive and cooperative labor-management 
 44.12  practices to the extent otherwise required by chapters 43A and 
 44.13  179A; 
 44.14     (6) include specific objectives in report to the 
 44.15  legislature on the performance report required under section 
 44.16  15.91 to increase the efficiency of agency operations, when 
 44.17  appropriate and the accomplishment of agency goals; and 
 44.18     (7) recommend to the legislature, in the performance report 
 44.19  of the department required under section 15.91, appropriate 
 44.20  changes in law necessary to carry out the mission and improve 
 44.21  the performance of the department. 
 44.22     Sec. 3.  Minnesota Statutes 1996, section 17.03, 
 44.23  subdivision 11, is amended to read: 
 44.24     Subd. 11.  [MISSION; EFFICIENCY.] It is part of the 
 44.25  department's mission that within the department's resources the 
 44.26  commissioner shall endeavor to: 
 44.27     (1) prevent the waste or unnecessary spending of public 
 44.28  money; 
 44.29     (2) use innovative fiscal and human resource practices to 
 44.30  manage the state's resources and operate the department as 
 44.31  efficiently as possible; 
 44.32     (3) coordinate the department's activities wherever 
 44.33  appropriate with the activities of other governmental agencies; 
 44.34     (4) use technology where appropriate to increase agency 
 44.35  productivity, improve customer service, increase public access 
 44.36  to information about government, and increase public 
 45.1   participation in the business of government; 
 45.2      (5) utilize constructive and cooperative labor-management 
 45.3   practices to the extent otherwise required by chapters 43A and 
 45.4   179A; 
 45.5      (6) include specific objectives in report to the 
 45.6   legislature on the performance report required under section 
 45.7   15.91 to increase the efficiency of agency operations, when 
 45.8   appropriate and the accomplishment of agency goals; and 
 45.9      (7) recommend to the legislature, in the performance report 
 45.10  of the department required under section 15.91, appropriate 
 45.11  changes in law necessary to carry out the mission and improve 
 45.12  the performance of the department. 
 45.13     Sec. 4.  Minnesota Statutes 1996, section 43A.04, 
 45.14  subdivision 1a, is amended to read: 
 45.15     Subd. 1a.  [MISSION; EFFICIENCY.] It is part of the 
 45.16  department's mission that within the department's resources the 
 45.17  commissioner shall endeavor to: 
 45.18     (1) prevent the waste or unnecessary spending of public 
 45.19  money; 
 45.20     (2) use innovative fiscal and human resource practices to 
 45.21  manage the state's resources and operate the department as 
 45.22  efficiently as possible; 
 45.23     (3) coordinate the department's activities wherever 
 45.24  appropriate with the activities of other governmental agencies; 
 45.25     (4) use technology where appropriate to increase agency 
 45.26  productivity, improve customer service, increase public access 
 45.27  to information about government, and increase public 
 45.28  participation in the business of government; 
 45.29     (5) utilize constructive and cooperative labor-management 
 45.30  practices to the extent otherwise required by chapters 43A and 
 45.31  179A; 
 45.32     (6) include specific objectives in report to the 
 45.33  legislature on the performance report required under section 
 45.34  15.91 to increase the efficiency of agency operations, when 
 45.35  appropriate and the accomplishment of agency goals; and 
 45.36     (7) recommend to the legislature, in the performance report 
 46.1   of the department required under section 15.91, appropriate 
 46.2   changes in law necessary to carry out the mission and improve 
 46.3   the performance of the department. 
 46.4      Sec. 5.  Minnesota Statutes 1996, section 45.012, is 
 46.5   amended to read: 
 46.6      45.012 [COMMISSIONER.] 
 46.7      (a) The department of commerce is under the supervision and 
 46.8   control of the commissioner of commerce.  The commissioner is 
 46.9   appointed by the governor in the manner provided by section 
 46.10  15.06.  
 46.11     (b) Data that is received by the commissioner or the 
 46.12  commissioner's designee by virtue of membership or participation 
 46.13  in an association, group, or organization that is not otherwise 
 46.14  subject to chapter 13 is confidential or protected nonpublic 
 46.15  data but may be shared with the department employees as the 
 46.16  commissioner considers appropriate.  The commissioner may 
 46.17  release the data to any person, agency, or the public if the 
 46.18  commissioner determines that the access will aid the law 
 46.19  enforcement process, promote public health or safety, or dispel 
 46.20  widespread rumor or unrest.  
 46.21     (c) It is part of the department's mission that within the 
 46.22  department's resources the commissioner shall endeavor to: 
 46.23     (1) prevent the waste or unnecessary spending of public 
 46.24  money; 
 46.25     (2) use innovative fiscal and human resource practices to 
 46.26  manage the state's resources and operate the department as 
 46.27  efficiently as possible; 
 46.28     (3) coordinate the department's activities wherever 
 46.29  appropriate with the activities of other governmental agencies; 
 46.30     (4) use technology where appropriate to increase agency 
 46.31  productivity, improve customer service, increase public access 
 46.32  to information about government, and increase public 
 46.33  participation in the business of government; 
 46.34     (5) utilize constructive and cooperative labor-management 
 46.35  practices to the extent otherwise required by chapters 43A and 
 46.36  179A; 
 47.1      (6) include specific objectives in report to the 
 47.2   legislature on the performance report required under section 
 47.3   15.91 to increase the efficiency of agency operations, when 
 47.4   appropriate and the accomplishment of agency goals; and 
 47.5      (7) recommend to the legislature, in the performance report 
 47.6   of the department required under section 15.91, appropriate 
 47.7   changes in law necessary to carry out the mission and improve 
 47.8   the performance of the department. 
 47.9      Sec. 6.  Minnesota Statutes 1996, section 84.027, 
 47.10  subdivision 14, is amended to read: 
 47.11     Subd. 14.  [MISSION; EFFICIENCY.] It is part of the 
 47.12  department's mission that within the department's resources the 
 47.13  commissioner shall endeavor to: 
 47.14     (1) prevent the waste or unnecessary spending of public 
 47.15  money; 
 47.16     (2) use innovative fiscal and human resource practices to 
 47.17  manage the state's resources and operate the department as 
 47.18  efficiently as possible; 
 47.19     (3) coordinate the department's activities wherever 
 47.20  appropriate with the activities of other governmental agencies; 
 47.21     (4) use technology where appropriate to increase agency 
 47.22  productivity, improve customer service, increase public access 
 47.23  to information about government, and increase public 
 47.24  participation in the business of government; 
 47.25     (5) utilize constructive and cooperative labor-management 
 47.26  practices to the extent otherwise required by chapters 43A and 
 47.27  179A; 
 47.28     (6) include specific objectives in report to the 
 47.29  legislature on the performance report required under section 
 47.30  15.91 to increase the efficiency of agency operations when 
 47.31  appropriate and the accomplishment of agency goals; and 
 47.32     (7) recommend to the legislature, in the performance report 
 47.33  of the department required under section 15.91, appropriate 
 47.34  changes in law necessary to carry out the mission and improve 
 47.35  the performance of the department. 
 47.36     Sec. 7.  Minnesota Statutes 1996, section 116.03, 
 48.1   subdivision 2a, is amended to read: 
 48.2      Subd. 2a.  [MISSION; EFFICIENCY.] It is part of the 
 48.3   agency's mission that within the agency's resources the 
 48.4   commissioner and the members of the agency shall endeavor to: 
 48.5      (1) prevent the waste or unnecessary spending of public 
 48.6   money; 
 48.7      (2) use innovative fiscal and human resource practices to 
 48.8   manage the state's resources and operate the agency as 
 48.9   efficiently as possible; 
 48.10     (3) coordinate the agency's activities wherever appropriate 
 48.11  with the activities of other governmental agencies; 
 48.12     (4) use technology where appropriate to increase agency 
 48.13  productivity, improve customer service, increase public access 
 48.14  to information about government, and increase public 
 48.15  participation in the business of government; 
 48.16     (5) utilize constructive and cooperative labor-management 
 48.17  practices to the extent otherwise required by chapters 43A and 
 48.18  179A; 
 48.19     (6) include specific objectives in report to the 
 48.20  legislature on the performance report required under section 
 48.21  15.91 to increase the efficiency of agency operations, when 
 48.22  appropriate and the accomplishment of agency goals; and 
 48.23     (7) recommend to the legislature, in the performance report 
 48.24  of the agency required under section 15.91, appropriate changes 
 48.25  in law necessary to carry out the mission and improve the 
 48.26  performance of the agency. 
 48.27     Sec. 8.  Minnesota Statutes 1996, section 116J.011, is 
 48.28  amended to read: 
 48.29     116J.011 [MISSION.] 
 48.30     The mission of the department of trade and economic 
 48.31  development is to employ all of the available state government 
 48.32  resources to facilitate an economic environment that produces 
 48.33  net new job growth in excess of the national average and to 
 48.34  increase nonresident and resident tourism revenues.  It is part 
 48.35  of the department's mission that within the department's 
 48.36  resources the commissioner shall endeavor to: 
 49.1      (1) prevent the waste or unnecessary spending of public 
 49.2   money; 
 49.3      (2) use innovative fiscal and human resource practices to 
 49.4   manage the state's resources and operate the department as 
 49.5   efficiently as possible; 
 49.6      (3) coordinate the department's activities wherever 
 49.7   appropriate with the activities of other governmental agencies; 
 49.8      (4) use technology where appropriate to increase agency 
 49.9   productivity, improve customer service, increase public access 
 49.10  to information about government, and increase public 
 49.11  participation in the business of government; 
 49.12     (5) utilize constructive and cooperative labor-management 
 49.13  practices to the extent otherwise required by chapters 43A and 
 49.14  179A; 
 49.15     (6) include specific objectives in report to the 
 49.16  legislature on the performance report required under section 
 49.17  15.91 to increase the efficiency of agency operations, when 
 49.18  appropriate and the accomplishment of agency goals; and 
 49.19     (7) recommend to the legislature, in the performance report 
 49.20  of the department required under section 15.91, appropriate 
 49.21  changes in law necessary to carry out the mission and improve 
 49.22  the performance of the department. 
 49.23     Sec. 9.  Minnesota Statutes 1997 Supplement, section 
 49.24  120.0111, is amended to read: 
 49.25     120.0111 [MISSION STATEMENT.] 
 49.26     The mission of public education in Minnesota, a system for 
 49.27  lifelong learning, is to ensure individual academic achievement, 
 49.28  an informed citizenry, and a highly productive work force.  This 
 49.29  system focuses on the learner, promotes and values diversity, 
 49.30  provides participatory decision making, ensures accountability, 
 49.31  models democratic principles, creates and sustains a climate for 
 49.32  change, provides personalized learning environments, encourages 
 49.33  learners to reach their maximum potential, and integrates and 
 49.34  coordinates human services for learners.  The public schools of 
 49.35  this state shall serve the needs of the students by cooperating 
 49.36  with the students' parents and legal guardians to develop the 
 50.1   students' intellectual capabilities and lifework skills in a 
 50.2   safe and positive environment.  It is part of the department's 
 50.3   mission that within the department's resources the commissioner 
 50.4   shall endeavor to: 
 50.5      (1) prevent the waste or unnecessary spending of public 
 50.6   money; 
 50.7      (2) use innovative fiscal and human resource practices to 
 50.8   manage the state's resources and operate the department as 
 50.9   efficiently as possible; 
 50.10     (3) coordinate the department's activities wherever 
 50.11  appropriate with the activities of other governmental agencies; 
 50.12     (4) use technology where appropriate to increase agency 
 50.13  productivity, improve customer service, increase public access 
 50.14  to information about government, and increase public 
 50.15  participation in the business of government; 
 50.16     (5) utilize constructive and cooperative labor-management 
 50.17  practices to the extent otherwise required by chapters 43A and 
 50.18  179A; 
 50.19     (6) include specific objectives in report to the 
 50.20  legislature on the performance report required under section 
 50.21  15.91 to increase the efficiency of agency operations, when 
 50.22  appropriate and the accomplishment of agency goals; and 
 50.23     (7) recommend to the legislature, in the performance report 
 50.24  of the department required under section 15.91, appropriate 
 50.25  changes in law necessary to carry out the mission and improve 
 50.26  the performance of the department. 
 50.27     Sec. 10.  Minnesota Statutes 1996, section 144.05, 
 50.28  subdivision 2, is amended to read: 
 50.29     Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
 50.30  department's mission that within the department's resources the 
 50.31  commissioner shall endeavor to: 
 50.32     (1) prevent the waste or unnecessary spending of public 
 50.33  money; 
 50.34     (2) use innovative fiscal and human resource practices to 
 50.35  manage the state's resources and operate the department as 
 50.36  efficiently as possible; 
 51.1      (3) coordinate the department's activities wherever 
 51.2   appropriate with the activities of other governmental agencies; 
 51.3      (4) use technology where appropriate to increase agency 
 51.4   productivity, improve customer service, increase public access 
 51.5   to information about government, and increase public 
 51.6   participation in the business of government; 
 51.7      (5) utilize constructive and cooperative labor-management 
 51.8   practices to the extent otherwise required by chapters 43A and 
 51.9   179A; 
 51.10     (6) include specific objectives in report to the 
 51.11  legislature on the performance report required under section 
 51.12  15.91 to increase the efficiency of agency operations, when 
 51.13  appropriate and the accomplishment of agency goals; and 
 51.14     (7) recommend to the legislature, in the performance report 
 51.15  of the department required under section 15.91, appropriate 
 51.16  changes in law necessary to carry out the mission and improve 
 51.17  the performance of the department. 
 51.18     Sec. 11.  Minnesota Statutes 1996, section 174.02, 
 51.19  subdivision 1a, is amended to read: 
 51.20     Subd. 1a.  [MISSION; EFFICIENCY.] It is part of the 
 51.21  department's mission that within the department's resources the 
 51.22  commissioner shall endeavor to: 
 51.23     (1) prevent the waste or unnecessary spending of public 
 51.24  money; 
 51.25     (2) use innovative fiscal and human resource practices to 
 51.26  manage the state's resources and operate the department as 
 51.27  efficiently as possible; 
 51.28     (3) coordinate the department's activities wherever 
 51.29  appropriate with the activities of other governmental agencies; 
 51.30     (4) use technology where appropriate to increase agency 
 51.31  productivity, improve customer service, increase public access 
 51.32  to information about government, and increase public 
 51.33  participation in the business of government; 
 51.34     (5) utilize constructive and cooperative labor-management 
 51.35  practices to the extent otherwise required by chapters 43A and 
 51.36  179A; 
 52.1      (6) include specific objectives in report to the 
 52.2   legislature on the performance report required under section 
 52.3   15.91 to increase the efficiency of agency operations, when 
 52.4   appropriate and the accomplishment of agency goals; and 
 52.5      (7) recommend to the legislature, in the performance report 
 52.6   of the department required under section 15.91, appropriate 
 52.7   changes in law necessary to carry out the mission and improve 
 52.8   the performance of the department. 
 52.9      Sec. 12.  Minnesota Statutes 1996, section 175.001, 
 52.10  subdivision 6, is amended to read: 
 52.11     Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
 52.12  department's mission that within the department's resources the 
 52.13  commissioner shall endeavor to: 
 52.14     (1) prevent the waste or unnecessary spending of public 
 52.15  money; 
 52.16     (2) use innovative fiscal and human resource practices to 
 52.17  manage the state's resources and operate the department as 
 52.18  efficiently as possible; 
 52.19     (3) coordinate the department's activities wherever 
 52.20  appropriate with the activities of other governmental agencies; 
 52.21     (4) use technology where appropriate to increase agency 
 52.22  productivity, improve customer service, increase public access 
 52.23  to information about government, and increase public 
 52.24  participation in the business of government; 
 52.25     (5) utilize constructive and cooperative labor-management 
 52.26  practices to the extent otherwise required by chapters 43A and 
 52.27  179A; 
 52.28     (6) include specific objectives in report to the 
 52.29  legislature on the performance report required under section 
 52.30  15.91 to increase the efficiency of agency operations, when 
 52.31  appropriate and the accomplishment of agency goals; and 
 52.32     (7) recommend to the legislature, in the performance report 
 52.33  of the department required under section 15.91, appropriate 
 52.34  changes in law necessary to carry out the mission and improve 
 52.35  the performance of the department. 
 52.36     Sec. 13.  Minnesota Statutes 1996, section 190.09, 
 53.1   subdivision 2, is amended to read: 
 53.2      Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
 53.3   department's mission that within the department's resources the 
 53.4   adjutant general shall endeavor to: 
 53.5      (1) prevent the waste or unnecessary spending of public 
 53.6   money; 
 53.7      (2) use innovative fiscal and human resource practices to 
 53.8   manage the state's resources and operate the department as 
 53.9   efficiently as possible; 
 53.10     (3) coordinate the department's activities wherever 
 53.11  appropriate with the activities of other governmental agencies; 
 53.12     (4) use technology where appropriate to increase agency 
 53.13  productivity, improve customer service, increase public access 
 53.14  to information about government, and increase public 
 53.15  participation in the business of government; 
 53.16     (5) utilize constructive and cooperative labor-management 
 53.17  practices to the extent otherwise required by chapters 43A and 
 53.18  179A; 
 53.19     (6) include specific objectives in report to the 
 53.20  legislature on the performance report required under section 
 53.21  15.91 to increase the efficiency of agency operations, when 
 53.22  appropriate and the accomplishment of agency goals; and 
 53.23     (7) recommend to the legislature, in the performance report 
 53.24  of the department required under section 15.91, appropriate 
 53.25  changes in law necessary to carry out the mission and improve 
 53.26  the performance of the department. 
 53.27     Sec. 14.  Minnesota Statutes 1996, section 196.05, 
 53.28  subdivision 2, is amended to read: 
 53.29     Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
 53.30  department's mission that within the department's resources the 
 53.31  commissioner shall endeavor to: 
 53.32     (1) prevent the waste or unnecessary spending of public 
 53.33  money; 
 53.34     (2) use innovative fiscal and human resource practices to 
 53.35  manage the state's resources and operate the department as 
 53.36  efficiently as possible; 
 54.1      (3) coordinate the department's activities wherever 
 54.2   appropriate with the activities of other governmental agencies; 
 54.3      (4) use technology where appropriate to increase agency 
 54.4   productivity, improve customer service, increase public access 
 54.5   to information about government, and increase public 
 54.6   participation in the business of government; 
 54.7      (5) utilize constructive and cooperative labor-management 
 54.8   practices to the extent otherwise required by chapters 43A and 
 54.9   179A; 
 54.10     (6) include specific objectives in report to the 
 54.11  legislature on the performance report required under section 
 54.12  15.91 to increase the efficiency of agency operations, when 
 54.13  appropriate and the accomplishment of agency goals; and 
 54.14     (7) recommend to the legislature, in the performance report 
 54.15  of the department required under section 15.91, appropriate 
 54.16  changes in law necessary to carry out the mission and improve 
 54.17  the performance of the department. 
 54.18     Sec. 15.  Minnesota Statutes 1996, section 216A.07, 
 54.19  subdivision 6, is amended to read: 
 54.20     Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
 54.21  department's mission that within the department's resources the 
 54.22  commissioner shall endeavor to: 
 54.23     (1) prevent the waste or unnecessary spending of public 
 54.24  money; 
 54.25     (2) use innovative fiscal and human resource practices to 
 54.26  manage the state's resources and operate the department as 
 54.27  efficiently as possible; 
 54.28     (3) coordinate the department's activities wherever 
 54.29  appropriate with the activities of other governmental agencies; 
 54.30     (4) use technology where appropriate to increase agency 
 54.31  productivity, improve customer service, increase public access 
 54.32  to information about government, and increase public 
 54.33  participation in the business of government; 
 54.34     (5) utilize constructive and cooperative labor-management 
 54.35  practices to the extent otherwise required by chapters 43A and 
 54.36  179A; 
 55.1      (6) include specific objectives in report to the 
 55.2   legislature on the performance report required under section 
 55.3   15.91 to increase the efficiency of agency operations, when 
 55.4   appropriate and the accomplishment of agency goals; and 
 55.5      (7) recommend to the legislature, in the performance report 
 55.6   of the department required under section 15.91, appropriate 
 55.7   changes in law necessary to carry out the mission and improve 
 55.8   the performance of the department. 
 55.9      Sec. 16.  Minnesota Statutes 1997 Supplement, section 
 55.10  241.01, subdivision 3b, is amended to read: 
 55.11     Subd. 3b.  [MISSION; EFFICIENCY.] It is part of the 
 55.12  department's mission that within the department's resources the 
 55.13  commissioner shall endeavor to: 
 55.14     (1) prevent the waste or unnecessary spending of public 
 55.15  money; 
 55.16     (2) use innovative fiscal and human resource practices to 
 55.17  manage the state's resources and operate the department as 
 55.18  efficiently as possible; 
 55.19     (3) coordinate the department's activities wherever 
 55.20  appropriate with the activities of other governmental agencies; 
 55.21     (4) use technology where appropriate to increase agency 
 55.22  productivity, improve service to the public, increase public 
 55.23  access to information about government, and increase public 
 55.24  participation in the business of government; 
 55.25     (5) utilize constructive and cooperative labor-management 
 55.26  practices to the extent otherwise required by chapters 43A and 
 55.27  179A; 
 55.28     (6) include specific objectives in report to the 
 55.29  legislature on the performance report required under sections 
 55.30  15.91 and 241.015 to increase the efficiency of agency 
 55.31  operations, when appropriate and the accomplishment of agency 
 55.32  goals; and 
 55.33     (7) recommend to the legislature, in the performance report 
 55.34  of the department required under sections 15.91 and 241.015, 
 55.35  appropriate changes in law necessary to carry out the 
 55.36  mission and improve the performance of the department. 
 56.1      Sec. 17.  Minnesota Statutes 1997 Supplement, section 
 56.2   245.03, subdivision 2, is amended to read: 
 56.3      Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
 56.4   department's mission that within the department's resources the 
 56.5   commissioner shall endeavor to: 
 56.6      (1) prevent the waste or unnecessary spending of public 
 56.7   money; 
 56.8      (2) use innovative fiscal and human resource practices to 
 56.9   manage the state's resources and operate the department as 
 56.10  efficiently as possible, including the authority to consolidate 
 56.11  different nonentitlement grant programs, having similar 
 56.12  functions or serving similar populations, as may be determined 
 56.13  by the commissioner, while protecting the original purposes of 
 56.14  the programs.  Nonentitlement grant funds consolidated by the 
 56.15  commissioner shall be reflected in the department's biennial 
 56.16  budget.  With approval of the commissioner, vendors who are 
 56.17  eligible for funding from any of the commissioner's granting 
 56.18  authority under section 256.01, subdivision 2, paragraph (1), 
 56.19  clause (f), may submit a single application for a grant 
 56.20  agreement including multiple awards; 
 56.21     (3) coordinate the department's activities wherever 
 56.22  appropriate with the activities of other governmental agencies; 
 56.23     (4) use technology where appropriate to increase agency 
 56.24  productivity, improve customer service, increase public access 
 56.25  to information about government, and increase public 
 56.26  participation in the business of government; 
 56.27     (5) utilize constructive and cooperative labor-management 
 56.28  practices to the extent otherwise required by chapters 43A and 
 56.29  179A; 
 56.30     (6) include specific objectives in report to the 
 56.31  legislature on the performance report required under section 
 56.32  15.91 to increase the efficiency of agency operations, when 
 56.33  appropriate and the accomplishment of agency goals; and 
 56.34     (7) recommend to the legislature, in the performance report 
 56.35  of the department required under section 15.91, appropriate 
 56.36  changes in law necessary to carry out the mission and improve 
 57.1   the performance of the department. 
 57.2      Sec. 18.  Minnesota Statutes 1996, section 268.0122, 
 57.3   subdivision 6, is amended to read: 
 57.4      Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
 57.5   department's mission that within the department's resources the 
 57.6   commissioner shall endeavor to: 
 57.7      (1) prevent the waste or unnecessary spending of public 
 57.8   money; 
 57.9      (2) use innovative fiscal and human resource practices to 
 57.10  manage the state's resources and operate the department as 
 57.11  efficiently as possible; 
 57.12     (3) coordinate the department's activities wherever 
 57.13  appropriate with the activities of other governmental agencies; 
 57.14     (4) use technology where appropriate to increase agency 
 57.15  productivity, improve customer service, increase public access 
 57.16  to information about government, and increase public 
 57.17  participation in the business of government; 
 57.18     (5) utilize constructive and cooperative labor-management 
 57.19  practices to the extent otherwise required by chapters 43A and 
 57.20  179A; 
 57.21     (6) include specific objectives in report to the 
 57.22  legislature on the performance report required under section 
 57.23  15.91 to increase the efficiency of agency operations, when 
 57.24  appropriate and the accomplishment of agency goals; and 
 57.25     (7) recommend to the legislature, in the performance report 
 57.26  of the department required under section 15.91, appropriate 
 57.27  changes in law necessary to carry out the mission and improve 
 57.28  the performance of the department. 
 57.29     Sec. 19.  Minnesota Statutes 1996, section 270.02, 
 57.30  subdivision 3a, is amended to read: 
 57.31     Subd. 3a.  [MISSION; EFFICIENCY.] It is part of the 
 57.32  department's mission that within the department's resources the 
 57.33  commissioner shall endeavor to: 
 57.34     (1) prevent the waste or unnecessary spending of public 
 57.35  money; 
 57.36     (2) use innovative fiscal and human resource practices to 
 58.1   manage the state's resources and operate the department as 
 58.2   efficiently as possible; 
 58.3      (3) coordinate the department's activities wherever 
 58.4   appropriate with the activities of other governmental agencies; 
 58.5      (4) use technology where appropriate to increase agency 
 58.6   productivity, improve customer service, increase public access 
 58.7   to information about government, and increase public 
 58.8   participation in the business of government; 
 58.9      (5) utilize constructive and cooperative labor-management 
 58.10  practices to the extent otherwise required by chapters 43A and 
 58.11  179A; 
 58.12     (6) include specific objectives in report to the 
 58.13  legislature on the performance report required under section 
 58.14  15.91 to increase the efficiency of agency operations, when 
 58.15  appropriate and the accomplishment of agency goals; and 
 58.16     (7) recommend to the legislature, in the performance report 
 58.17  of the department required under section 15.91, appropriate 
 58.18  changes in law necessary to carry out the mission and improve 
 58.19  the performance of the department. 
 58.20     Sec. 20.  Minnesota Statutes 1996, section 299A.01, 
 58.21  subdivision 1a, is amended to read: 
 58.22     Subd. 1a.  [MISSION; EFFICIENCY.] It is part of the 
 58.23  department's mission that within the department's resources the 
 58.24  commissioner shall endeavor to: 
 58.25     (1) prevent the waste or unnecessary spending of public 
 58.26  money; 
 58.27     (2) use innovative fiscal and human resource practices to 
 58.28  manage the state's resources and operate the department as 
 58.29  efficiently as possible; 
 58.30     (3) coordinate the department's activities wherever 
 58.31  appropriate with the activities of other governmental agencies; 
 58.32     (4) use technology where appropriate to increase agency 
 58.33  productivity, improve customer service, increase public access 
 58.34  to information about government, and increase public 
 58.35  participation in the business of government; 
 58.36     (5) utilize constructive and cooperative labor-management 
 59.1   practices to the extent otherwise required by chapters 43A and 
 59.2   179A; 
 59.3      (6) include specific objectives in report to the 
 59.4   legislature on the performance report required under section 
 59.5   15.91 to increase the efficiency of agency operations, when 
 59.6   appropriate and the accomplishment of agency goals; and 
 59.7      (7) recommend to the legislature, in the performance report 
 59.8   of the department required under section 15.91, appropriate 
 59.9   changes in law necessary to carry out the mission and improve 
 59.10  the performance of the department. 
 59.11     Sec. 21.  Minnesota Statutes 1996, section 363.05, 
 59.12  subdivision 3, is amended to read: 
 59.13     Subd. 3.  [MISSION; EFFICIENCY.] It is part of the 
 59.14  department's mission that within the department's resources the 
 59.15  commissioner shall endeavor to: 
 59.16     (1) prevent the waste or unnecessary spending of public 
 59.17  money; 
 59.18     (2) use innovative fiscal and human resource practices to 
 59.19  manage the state's resources and operate the department as 
 59.20  efficiently as possible; 
 59.21     (3) coordinate the department's activities wherever 
 59.22  appropriate with the activities of other governmental agencies; 
 59.23     (4) use technology where appropriate to increase agency 
 59.24  productivity, improve customer service, increase public access 
 59.25  to information about government, and increase public 
 59.26  participation in the business of government; 
 59.27     (5) utilize constructive and cooperative labor-management 
 59.28  practices to the extent otherwise required by chapters 43A and 
 59.29  179A; 
 59.30     (6) include specific objectives in report to the 
 59.31  legislature on the performance report required under section 
 59.32  15.91 to increase the efficiency of agency operations, when 
 59.33  appropriate and the accomplishment of agency goals; and 
 59.34     (7) recommend to the legislature, in the performance report 
 59.35  of the department required under section 15.91, appropriate 
 59.36  changes in law necessary to carry out the mission and improve 
 60.1   the performance of the department. 
 60.2      Sec. 22.  [EFFECTIVE DATE.] 
 60.3      Sections 1 to 21 are effective the day following final 
 60.4   enactment.