HF 3196

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; department of 
  1.3             administration; clarifying ethical provisions in state 
  1.4             procurement law; authorizing the commissioner of 
  1.5             administration to adopt rules relating to state 
  1.6             archaeology; repealing obsolete technology authority; 
  1.7             repealing statutory authority for the citizens council 
  1.8             on Voyageurs National Park; amending Minnesota 
  1.9             Statutes 2000, sections 16C.04, subdivisions 1, 2; 
  1.10            138.31, by adding a subdivision; 138.36, by adding a 
  1.11            subdivision; 138.38; 138.39; 138.41, subdivision 1; 
  1.12            repealing Minnesota Statutes 2000, sections 13.6401, 
  1.13            subdivision 3; 16B.415; 84B.11. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 2000, section 16C.04, 
  1.16  subdivision 1, is amended to read: 
  1.17     Subdivision 1.  [DUTY.] An employee of the executive branch 
  1.18  involved directly or indirectly in the acquisition or grants 
  1.19  process, at any level, is subject to the code of ethics in 
  1.20  section 43A.38. 
  1.21     Sec. 2.  Minnesota Statutes 2000, section 16C.04, 
  1.22  subdivision 2, is amended to read: 
  1.23     Subd. 2.  [CONFLICT OF INTEREST POLICY DEVELOPMENT.] (a) 
  1.24  The commissioner must develop policies regarding code of ethics 
  1.25  and conflict of interest designed to prevent conflicts of 
  1.26  interest for employees involved in the acquisition of goods, 
  1.27  services, and utilities or the award and administration of grant 
  1.28  contracts.  The policies must apply to employees who are 
  1.29  directly or indirectly involved in the acquisition of goods, 
  2.1   services, and utilities, developing requests for proposals, 
  2.2   evaluating bids or proposals, awarding the contract, selecting 
  2.3   the final vendor, drafting and entering into contracts, 
  2.4   evaluating performance under these contracts, and authorizing 
  2.5   payments under the contract.  
  2.6      (b) The policies must contain a process for making 
  2.7   employees aware of policy and laws relating to conflict of 
  2.8   interest, and for training employees on how to avoid and deal 
  2.9   with potential conflicts.  
  2.10     (c) The policies must contain a process under which an 
  2.11  employee who has a conflict of interest or a potential conflict 
  2.12  of interest must disclose the matter, and a process under which 
  2.13  work on the contract may be assigned to another employee if 
  2.14  possible.  
  2.15     Sec. 3.  Minnesota Statutes 2000, section 138.31, is 
  2.16  amended by adding a subdivision to read: 
  2.17     Subd. 15.  [COMMISSIONER.] "Commissioner" means the 
  2.18  commissioner of administration. 
  2.19     Sec. 4.  Minnesota Statutes 2000, section 138.36, is 
  2.20  amended by adding a subdivision to read: 
  2.21     Subd. 6.  [REVIEW OF LICENSE DECISIONS.] Any person whose 
  2.22  application for a license under this section has been denied or 
  2.23  whose license has been modified, suspended, or revoked, may 
  2.24  appeal the decision within 30 days of receiving written notice 
  2.25  of the decision by filing a written request with the 
  2.26  commissioner for a contested case hearing under chapter 14.  If 
  2.27  the applicant does not request a contested case hearing within 
  2.28  30 days after receiving written notice of the decision, the 
  2.29  decision becomes final and the applicant may not appeal the 
  2.30  decision. 
  2.31     Sec. 5.  Minnesota Statutes 2000, section 138.38, is 
  2.32  amended to read: 
  2.33     138.38 [REPORTS OF STATE ARCHAEOLOGIST.] 
  2.34     The state archaeologist shall consult with and keep the 
  2.35  Indian affairs council and the director of the historical 
  2.36  society informed as to significant field archaeology, projected 
  3.1   or in progress, and as to significant discoveries made.  
  3.2   Annually, and also upon leaving office, the state archaeologist 
  3.3   shall file with the Indian affairs council and the director of 
  3.4   the historical society commissioner a full report of the 
  3.5   office's activities including a summary of the activities of 
  3.6   licensees, from the effective date hereof or from the date of 
  3.7   the last full report of the state archaeologist.  Copies of the 
  3.8   report must be sent upon completion to the Minnesota historical 
  3.9   society and the Indian affairs council, and made available to 
  3.10  other interested parties. 
  3.11     Sec. 6.  Minnesota Statutes 2000, section 138.39, is 
  3.12  amended to read: 
  3.13     138.39 [RULES.] 
  3.14     The director of the historical society commissioner may 
  3.15  make and issue such adopt rules, not inconsistent with law, as 
  3.16  may be required to carry out the provisions of sections 138.31 
  3.17  to 138.42.  In making such rules, they shall the commissioner 
  3.18  must consult with other agencies of the state whose activities 
  3.19  may be affected thereby by the rules. 
  3.20     Sec. 7.  Minnesota Statutes 2000, section 138.41, 
  3.21  subdivision 1, is amended to read: 
  3.22     Subdivision 1.  [WILLFUL VIOLATIONS.] Whoever willfully 
  3.23  violates section 138.33, or willfully defaces, injures, 
  3.24  destroys, displaces, or removes any object or data belonging to 
  3.25  the state, or willfully interferes with evidence or work on any 
  3.26  state site or other site for which a license has been issued, or 
  3.27  willfully violates any other provision of sections 138.31 to 
  3.28  138.42, or the rules issued adopted by the director of the 
  3.29  historical society commissioner is guilty of a gross misdemeanor.
  3.30     Sec. 8.  [REPEALER.] 
  3.31     Minnesota Statutes 2000, sections 13.6401, subdivision 3; 
  3.32  and 16B.415, are repealed.  Minnesota Statutes 2000, section 
  3.33  84B.11, is repealed effective July 1, 2003.