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HF 3862

as introduced - 86th Legislature (2009 - 2010) Posted on 05/16/2010 01:55pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to state government; creating the Minnesota Civic Compact, the
Civic Agency, the Minnesota Youth Council, the Volunteer Capacity Building
Partnership, and the Civic Innovation Fund; requiring establishment of a state
strategic plan, public policy goals, and performance measures; establishing
a process for evaluating achievement of performance measures; creating an
Office of Ombudsman; requiring reports; appropriating money; amending
Minnesota Statutes 2008, section 16A.28, subdivision 1; Minnesota Statutes
2009 Supplement, section 4A.01, subdivision 1; Laws 2009, chapter 96, article
2, section 67, subdivisions 15, 18; proposing coding for new law in Minnesota
Statutes, chapters 3; 15; 16B; 16C; proposing coding for new law as Minnesota
Statutes, chapter 4B.

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

ARTICLE 1

MINNESOTA CIVIC COMPACT; PLANNING, INNOVATION, AND RESULTS

Section 1.

new text begin [4B.01] PURPOSE.
new text end

new text begin The Minnesota Civic Compact recognizes that the long-term success and high quality
of life of Minnesota will depend on a new approach to governance that brings public
officials and citizens together to set a clear vision for the state's future built on a foundation
of planning, performance management, accountability, and empowerment. This requires
that the state create a strategic plan, that it innovates in the delivery of public services, and
that it measures its success in producing superior results for the citizens of the state.
new text end

Sec. 2.

new text begin [4B.02] MINNESOTA NORTHSTAR COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of management and budget must
establish and convene the Minnesota Northstar Council to develop a state strategic plan
which will include: (1) a mission statement for the state; (2) up to ten policy goals; and (3)
up to 100 strategic performance measures.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The Minnesota Northstar Council shall consist of no
more than 20 members. The council shall include the governor, the lieutenant governor,
the speaker of the house of representatives, the house of representatives minority leader,
the senate majority leader, and the senate minority leader, who serve as the executive
committee. The executive committee of the council shall select the remaining members
of the council.
new text end

new text begin (b) The remaining members of the council must be citizens with knowledge and
expertise on major state issues. The council must have ten members from the following
communities in Minnesota: business, union, nonprofit, foundation, volunteerism,
performance measurement, redesign and planning, cities, counties, and a youth member.
The council shall have two additional members selected from the general public. Persons
holding the following five positions serve as ex-officio members of the council: the
commissioner of management and budget, the president of the University of Minnesota,
the state demographer, the state economist, and the ombudsman. The governor, or the
governor's designee, shall chair the council. The assistant commissioner of the Planning
and Performance Management Division of Minnesota Management and Budget shall
serve as executive director of the council.
new text end

new text begin (c) Members appointed by the executive committee serve at the pleasure of
the executive committee. Citizen members serve without compensation, but may be
reimbursed for expenses as provided in section 15.059.
new text end

new text begin Subd. 3. new text end

new text begin Voting requirements. new text end

new text begin While the goal is consensus, all actions of the
council must be approved by a majority vote of a quorum of council members present at a
meeting. The state strategic plan must be approved by a majority vote of the council and
by a majority of the members of the executive committee.
new text end

Sec. 3.

new text begin [4B.03] STATE STRATEGIC PLAN; STRATEGIC PERFORMANCE
MEASURES.
new text end

new text begin Subdivision 1. new text end

new text begin Development. new text end

new text begin (a) The council, with advice from state departments
and agencies and aligned legislative committee chairs and ranking members, shall develop
a state strategic plan which must include: (1) a mission statement for the state; (2) up
to ten policy goals; and (3) up to 100 outcome-based strategic performance measures.
Strategic performance measures are a level of achievement by which the state and its
departments can measure their own progress against internal or external standards.
Strategic performance measures must be outcome-based measures.
new text end

new text begin (b) In developing the state strategic plan, the council shall reach out to gather and
coordinate citizen input from citizens across the state. The council must use the work and
process of the Minnesota Milestones in developing the strategic plan and in the council's
other work. The commission must include the use of social media in soliciting input.
new text end

new text begin (c) The council must complete the initial state strategic plan by March 2012.
The council shall review and approve changes to the strategic plan by January of each
even-numbered year. The strategic plan shall undergo continuous review and improvement
by the Northstar Council. Each of the ten goal areas and aligned strategic measures must
undergo an in-depth review at least once every four years by the Northstar Council.
new text end

new text begin Subd. 2. new text end

new text begin Strategic performance measures. new text end

new text begin The council or Minnesota Management
and Budget must designate an owner for each strategic performance measure that the
council establishes as a means of measuring progress toward accomplishment of the public
policy goals established by the council. The owner is responsible for the tracking of the
measure, the results of the strategic performance measures, and the strategies implemented
to improve performance in this area.
new text end

new text begin Subd. 3. new text end

new text begin Performance improvement plans. new text end

new text begin Upon request of the commissioner of
management and budget, the head of an executive agency must develop a performance
improvement plan for each public policy goal and its aligned strategic performance
measure. The performance improvement plan must include proposals and actions for
achieving the goals and measurements and must include input from aligned legislative
committees and their chairs and Minnesota Management and Budget. In addition, the
performance improvement plan may include a description of how the volunteerism,
service, nonprofit, and business sectors will be engaged in improving the strategic
performance measurement. The department or agency officer in charge of this strategic
performance measurement may designate an existing working group or create a new
working group in order to receive feedback, develop the performance improvement plan,
and carry out the performance improvement plan. Working groups may include members
from the public and private sector but shall not include vendors that would directly benefit
from contracts with this department or agency.
new text end

Sec. 4.

new text begin [4B.04] AGENCY STRATEGIC PLANS; PERFORMANCE
MANAGEMENT SYSTEMS.
new text end

new text begin Subdivision 1. new text end

new text begin Development of strategic plan. new text end

new text begin Each state agency and department
listed in section 15.06 must work with the aligned legislative committees and their chairs
and Minnesota Management and Budget to prepare a strategic plan using an outcome-based
approach for the agency or department under the commissioner's jurisdiction.
new text end

new text begin Subd. 2. new text end

new text begin Required content. new text end

new text begin The strategic plan must be aligned with the state
strategic plan and must identify key strategic outcomes for the next two bienniums and
must include:
new text end

new text begin (1) a mission statement for the agency or department;
new text end

new text begin (2) outcome-based strategic performance measures within the state strategic plan
that fall under the jurisdiction of this agency or department;
new text end

new text begin (3) quality and productivity department or agency performance measures for
determining performance for each major activity within the agency or department's
budget. Performance measures must measure the performance of state-mandated services
or operations. All budget items must be assigned an outcome-based goal within the state
strategic plan;
new text end

new text begin (4) the methodology used to create the metrics to measure the performance measures;
new text end

new text begin (5) the goal level of performance for each performance measure;
new text end

new text begin (6) if progress has been made from the previous year on each performance measure;
new text end

new text begin (7) a method by which the success or failure to achieve the outcome will be
measured;
new text end

new text begin (8) the executive official or owner responsible for achieving each performance
measure;
new text end

new text begin (9) the agency's or department's plans to achieve the goals and improve the
department's performance within the department or agency plan; and
new text end

new text begin (10) the projected costs for achieving the department or agency strategic plan.
new text end

new text begin Subd. 3. new text end

new text begin Private sector engagement. new text end

new text begin The department or agency may collaborate
with the volunteerism, nonprofit, and business sectors to develop the department or
agency strategic plan.
new text end

new text begin Subd. 4. new text end

new text begin Performance improvement plans. new text end

new text begin Upon request of the commissioner
of the agency or department of the aligned strategic plan, employees must develop
a performance improvement plan for each performance measure. The performance
improvement plan must include proposals and actions for achieving the goals and
measurements. In addition, the performance improvement plan may include a description
of how the volunteerism, service, nonprofit, and business sectors will be engaged in
improving performance in that area. The department or agency officer in charge of this
performance measurement may designate an existing working group or create a new
working group in order to receive feedback, develop the performance improvement plan,
and carry out the performance improvement plan. Working groups may include members
from the public and private sector but shall not include vendors that would directly benefit
from contracts with this department or agency.
new text end

new text begin Subd. 5. new text end

new text begin Council review. new text end

new text begin The council must review the department and agency
strategic plans developed under subdivision 1. The head of each agency or department
must designate an owner for each strategic performance measure. The owner is
responsible for the tracking and results of the performance measure. The council may
make suggestions to the governor on alignment between the state's and departments'
strategic plans.
new text end

new text begin Subd. 6. new text end

new text begin Technical assistance. new text end

new text begin Minnesota Management and Budget shall provide
technical assistance to departments or agencies in the development of the department
or agency plans, performance measures, and outcome-based budgeting. The Office of
Enterprise Technology shall provide technological support in order to track performance
and make information available to the public.
new text end

Sec. 5.

new text begin [4B.05] IMPROVING AGENCY OPERATIONS AND PRODUCTIVITY.
new text end

new text begin Subdivision 1. new text end

new text begin Employee objectives and learning. new text end

new text begin Each state department and
agency listed in section 15.06 must align all employee objectives and learning to the state
and agency strategic plans, performance measures, and improvement plans.
new text end

new text begin Subd. 2. new text end

new text begin Report. new text end

new text begin Each state department and agency listed in section 15.06 shall
report to the governor and the legislature by January 15 of each even-numbered year on
statutory changes that will improve performance measures.
new text end

new text begin Subd. 3. new text end

new text begin Performance objectives. new text end

new text begin All state managers must set performance
objectives for their units annually to be used in the annual performance appraisals of
their employees. Each employee must have a learning and development plan. The
commissioner of management and budget must conduct annual employee surveys to
gather employee input on how agencies can improve performance.
new text end

new text begin Subd. 4. new text end

new text begin Methods of improving agency performance. new text end

new text begin (a) All state departments
and agencies must in implementing performance improvement measures, ensure to the
greatest extent practical that there will not be layoffs of current employees as a result of
implementation of changes that improve agency performance.
new text end

new text begin (b) The commissioner of management and budget must develop a system for
employees to gain from efficiencies and cost savings. Management in partnership with
their exclusive bargaining representative shall develop work performance teams, or use
existing labor-management teams, to spend excess money gained by productivity gains
or efficiencies. This money may be spent on training, retraining, better equipment to
improve performance, or tuition reimbursement.
new text end

new text begin Subd. 5. new text end

new text begin Employee evaluations. new text end

new text begin Evaluations of employee performance should
include an evaluation of how an employee has impacted state performance. The
evaluations should note the extent external factors beyond the control of the employee are
responsible for the level of achievement of performance measures.
new text end

new text begin Subd. 6. new text end

new text begin Governor review of agency performance. new text end

new text begin The governor shall hold an
annual performance review with all of the state departments and agencies listed in section
15.06 to ensure that they are making progress in implementing their strategic plans,
performance measures, and improvement plans.
new text end

Sec. 6.

new text begin [4B.06] PUBLIC "REPORT CARD" ON STATE PERFORMANCE.
new text end

new text begin (a) The Planning and Performance Management Division of Minnesota Management
and Budget shall propose the form of a Minnesota State Performance Report Card to
the council for approval.
new text end

new text begin (b) The report card shall be made public by January 15 of each year and shall, in a
format easily understood by the public starting in the year 2013, show:
new text end

new text begin (1) state policy goals;
new text end

new text begin (2) the strategic performance measures;
new text end

new text begin (3) the methodology used to create the metrics to measure the strategic performance
measures;
new text end

new text begin (4) the goal level of performance for each performance measure determined by the
Northstar Council;
new text end

new text begin (5) if progress has been made from the previous year on each performance measure;
new text end

new text begin (6) a statement of value to the taxpayer when possible;
new text end

new text begin (7) a statement relating if the value has gone down or up from the previous year
based on an indexed rate of change when possible;
new text end

new text begin (8) the executive official responsible for achieving each performance measure; and
new text end

new text begin (9) the legislative committee that has jurisdiction for the department or agency.
new text end

new text begin (c) The commissioner of management and budget shall conduct an annual citizen
survey to determine the citizen perception of achievement of the state's goals and
performance measures where applicable.
new text end

Sec. 7.

new text begin [4B.07] PERFORMANCE QUALITY GUARANTEE.
new text end

new text begin The commissioner of management and budget shall conduct an audit which includes
recommendations for an improvement plan after the first year the commissioner has
determined that a state department or agency is not meeting performance measure
or measures at an acceptable level. After the second consecutive year in which the
commissioner has determined a state agency or department is not meeting a performance
measure or measures, the department or agency is considered on probationary status,
and must report monthly on its performance, to the commissioner of management and
budget and the governor. After the third consecutive year in which the commissioner
has determined a state agency or department is not meeting a performance measure or
measures, the governor shall take corrective action which may include one or more of
the following:
new text end

new text begin (1) external restructuring of the department;
new text end

new text begin (2) dismissal of management;
new text end

new text begin (3) consolidation of the department with another; and
new text end

new text begin (4) a proposal to the legislature to abolish the department or one or more of its
programs and return the revenues used to fund the department or its programs back to
the citizens of Minnesota.
new text end

Sec. 8.

new text begin [4B.08] BUDGETING BASED ON STATE'S STRATEGIC PLAN.
new text end

new text begin (a) The governor shall propose a budget based on the state's strategic plan. The
commissioner of management and budget must work with state departments and agencies
in developing their budgets based on the ten public goals in the state strategic plan as well
as the department and agency strategic plans, performance measures, and improvement
plans. The governor's budget proposal must indicate the impact on achieving the state's
goals. The budget must be able to be presented by department or by goal achievement as
outlined in the state strategic plan.
new text end

new text begin (b) Department or agency budget proposals must include integration of performance
measures that allow objective determination of an activity's success in achieving its
strategic goals. Each department or agency shall include in the budget proposal an
explanation of how the budget request promotes the strategic goals, performance
measures, and outcomes outlined in the applicable strategic plan. For each change item in
the budget proposal, the goal or performance measure to be achieved by the cost increase
must be identified along with the method to evaluate whether or not the outcome has
been achieved. The governor's budget may include proposals to eliminate mandates and
maintenance of effort provisions if certain performance outcomes can be reached.
new text end

new text begin (c) Budget targets shall be set by goal or outcome achieved rather than by department.
Budget items shall be evaluated and ranked within each budget to determine how well that
budget item contributes to the achievement of state's strategic goals. Budget items that
lead to high outcome achievement will receive high budget priority and budget items that
lead to low outcome achievement will be ranked lower and may not receive funding.
new text end

new text begin (d) The departments must present biannually to the aligned legislative committees
on the achievement of the state's strategic goals through aligned strategic plans and
performance measures. The chair of the aligned legislative committees may request
updates at any time. The commissioner of management and budget shall work with
department and agency staff to prepare fiscal notes that in addition to financial impacts
also indicate how a bill will impact the achievement levels of the state's and departments'
strategic plans and performance measures.
new text end

new text begin (e) The legislature may use the performance measurement system to mandate
performance measure outcomes rather than mandating a service delivery mandate or
maintenance of effort. The legislature must take into account costs when setting mandates
for performance-based outcomes.
new text end

new text begin (f) The Revisor of Statutes must insert, upon the request of the author of a bill, an
additional legal size sheet of paper during bill jacketing. This sheet shall include the
author's rationale for the bill. The author of the bill may use this sheet to describe how that
piece of legislation will impact state performance, create better outcomes for the state, and
create better value for the taxpayer as well as other rationale for the bill. This sheet must
be posted online in a digital form along with the bill after bill introduction.
new text end

Sec. 9.

new text begin [4B.09] PROMOTING EXCELLENCE, ACCOUNTABILITY, AND
PUBLIC SERVICE REDESIGN.
new text end

new text begin The commissioner of management and budget must establish a Planning and
Performance Management Division. The governor shall appoint an assistant commissioner
for management and budget to oversee the Planning and Performance Management
Division. The division must:
new text end

new text begin (1) establish and convene the Minnesota Northstar Council;
new text end

new text begin (2) work with the council to set up the process to develop the strategic plan;
new text end

new text begin (3) assist the council in developing the state strategic plan;
new text end

new text begin (4) consult on management with state agencies;
new text end

new text begin (5) develop the report card and the state departments' and agencies' strategic
planning process and reporting requirements;
new text end

new text begin (6) develop a transparent way to show the progress of the state on its performance
measures online and in print;
new text end

new text begin (7) work with departments and agencies in setting their strategic plans;
new text end

new text begin (8) develop a planning infrastructure for the state in addition to the state strategic
plan and serve as the state planning office;
new text end

new text begin (9) research topics and complete ongoing projects on public sector redesign,
state planning, performance measurement, and effective management approaches in
collaboration with the University of Minnesota and others as directed by the council;
new text end

new text begin (10) report on demographic trends in the state of Minnesota; and
new text end

new text begin (11) assess training needs and work with agencies and departments and exclusive
representatives of the agency on training and retraining of state employees.
new text end

Sec. 10.

new text begin [4B.10] MINNESOTA OFFICE OF OMBUDSMAN; "ONE-STOP
SHOP" FOR CITIZENS.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The Minnesota Office of Ombudsman is created in the
Department of Management and Budget to respond to citizens' concerns about state
government. The Office of Ombudsman must report regularly to the governor and the
legislature about its findings.
new text end

new text begin Subd. 2. new text end

new text begin Telephone service. new text end

new text begin The Minnesota Office of Ombudsman must establish
a 311 telephone service as a way to direct Minnesotans to the people serving in state
government. This will be a connector for citizens. When practical, this service must
serve as a "one-stop shop" for state services and an information line. Among other
functions, the service may serve as a way to find a polling place, find a local division of
motor vehicles location, or be transferred to a person that can help with a problem within
state government.
new text end

new text begin Subd. 3. new text end

new text begin Resolution of problems. new text end

new text begin When a person needs help accessing state
services and is not being served well, the ombudsman must work to resolve the problem or
determine that the problem is not resolvable.
new text end

new text begin Subd. 4. new text end

new text begin Complaints and comments. new text end

new text begin The office must serve as a place that citizens
may bring complaints or comments about the state. This office may investigate claims,
including breaches of the public trust, or suggest topics to the Office of the Legislative
Auditor. The ombudsman shall file an annual report to the legislature, governor, and the
public detailing what types of cases the ombudsman has made as a connector, caseworker,
mediator, or complaint receiver.
new text end

new text begin Subd. 5. new text end

new text begin Mediation role. new text end

new text begin The office shall serve as a third party in cases of
disputes between the state and citizens when mediation would be helpful. In any case the
ombudsman may refer parties to take part in legal services.
new text end

Sec. 11.

new text begin [16C.051] TAXPAYER ACCOUNTABILITY PROVISIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies to a contract with an estimated
value of $100,000 or more. The requirements imposed by this section are in addition
to, and do not supersede, the requirements of any other applicable section of law. This
section does not apply to a Department of Transportation contract that is subject to
section 161.3203.
new text end

new text begin Subd. 2. new text end

new text begin Required review. new text end

new text begin (a) Before entering into a contract subject to this section,
the agency head must prepare a comprehensive written estimate of the cost of having the
same work provided in the most cost-effective manner by agency employees. The cost
estimate must include all costs of having agency employees provide the work, including
the cost of pension, insurance, and all other employee benefits. The cost estimate is
nonpublic data, as defined in section 13.02, subdivision 9, until the day after the deadline
for receipt of responses under paragraph (b).
new text end

new text begin (b) After soliciting and receiving responses, the agency head shall publicly designate
the responder to which it proposes to award the contract. The commissioner shall prepare
a comprehensive written estimate of the cost of the proposal based on the designated
responder's bid, including costs associated with monitoring the proposed contract. If the
designated responder proposes to perform any or all of the desired services outside the
state, the commissioner shall include in the cost estimate, as nearly as possible, any loss of
sales and income tax revenue to the state. The cost estimate must not include trade secret
data which is classified as nonpublic data under section 13.37, subdivision 2.
new text end

new text begin (c) An agency may not enter into a contract subject to this section unless the agency
head determines that:
new text end

new text begin (1) the cost estimated under paragraph (b) will be lower than the cost estimated
under paragraph (a);
new text end

new text begin (2) the quality of the work to be provided by the designated responder is likely to
equal or exceed the quality of services that could be provided by state employees;
new text end

new text begin (3) the contract, together with other contracts to which the department is or has been
a party, will not violate section 16C.08 or 16C.09, or otherwise reduce full-time equivalent
positions within the department; and
new text end

new text begin (4) the proposed contract is in the public interest.
new text end

new text begin Subd. 3. new text end

new text begin Reports. new text end

new text begin The commissioner of administration must report to the legislature
by September 1 each year, in compliance with sections 3.195 and 3.197, on implementation
of this section. The report must list all contracts subject to this section that were executed
or performed, whether wholly or in part, in the previous fiscal year. The report must
identify, with respect to each contract: the contractor; contract amount; duration; work,
provided or to be provided; the comprehensive estimate derived under subdivision 2,
paragraph (a); the comprehensive estimate derived under subdivision 2, paragraph (b); the
actual cost to the agency of the contractor's performance of the contract; and a statement
containing the agency head's determinations under subdivision 2, paragraph (c).
new text end

ARTICLE 2

CIVIC AGENCY

Section 1.

new text begin [15.93] CIVIC AGENCY.
new text end

new text begin Subdivision 1. new text end

new text begin Purposes. new text end

new text begin In order to create the outcome of vital and livable
communities with civically engaged Minnesotans, the Civic Agency is created. It is
created to empower Minnesota citizens to be active stewards and stakeholders in the
state's future.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin There is established a Civic Agency under the direction
and supervision of a commissioner who shall be appointed by the governor under the
provisions of section 15.06. The name "Civic Agency" is both the label of an agency of
government and an expression recognizing the ability of humans to create change.
new text end

new text begin Subd. 3. new text end

new text begin Outcome-based agency. new text end

new text begin The Civic Agency shall be an agency
organized around outcome attainment rather than a central bureaucracy. All entities
receiving state funds working to achieve the outcomes of increased volunteerism, civic
engagement, service learning, civic education, national and community service, political
participation, democratic participation, and increased voting shall be involved in creating
an outcome-based strategic plan but shall not be integrated into a central bureaucracy.
new text end

new text begin Subd. 4. new text end

new text begin Staffing. new text end

new text begin The commissioner shall hire staff in order to assist the
commissioner in carrying out the power and duties of the office.
new text end

Sec. 2.

new text begin [15.94] POWERS AND DUTIES OF COMMISSIONER.
new text end

new text begin The commissioner of the Civic Agency shall formulate policies to effectuate the
purposes of section 15.93 and shall do the following:
new text end

new text begin (1) exercise leadership under the direction of the governor in the development of
civic engagement policies and programs, and make recommendations to the governor and
the legislature for their consideration and implementation;
new text end

new text begin (2) establish and maintain a principal office in St. Paul;
new text end

new text begin (3) establish a process to colocate existing civic engagement organizations in
a central facility and develop a system of mutually beneficial resource sharing for
non-mission-based organizational needs when practical;
new text end

new text begin (4) develop a strategic planning process for all entities receiving state funds working
to achieve the outcomes of increased volunteerism, civic engagement, service learning,
civic education, national and community service, political participation, democratic
participation, and increased voting. This plan shall include formal or informal partners
and shall focus on setting goals, increasing the collaboration between partners, and setting
up a collaborative plan for outcome achievement for the goals of the streams of service;
new text end

new text begin (5) whenever possible, defer programmatic responsibilities to credible, responsible
partners amongst the strategic planning process partners of the agency;
new text end

new text begin (6) provide resource sharing opportunities as well as organizational, financial, and
technical support;
new text end

new text begin (7) make every effort not to structurally merge or absorb responsibilities of strategic
planning partners;
new text end

new text begin (8) work to make sure strategic planning partners remain strong, independent, and
collaborative;
new text end

new text begin (9) advocate and consult with the legislature, the governor, and other entities about
the importance of civic engagement;
new text end

new text begin (10) serve as a one-stop shop for referrals and questions about civic engagement.
The Civic Agency's role is to refer or provide information about existing programs among
strategic planning partners;
new text end

new text begin (11) maintain a Web site of the various civic engagement initiatives in Minnesota;
new text end

new text begin (12) consult with strategic planning partners on attainment of the outcomes outlined
in the strategic plan. The commissioner may also work with a community advisory team
on issues relating to the operation of the agency;
new text end

new text begin (13) create a united marketing and development plan to increase collaboration and
visibility within the streams of service; and
new text end

new text begin (14) create a way to track the budgets of the streams of service across multiple
budgets within state government.
new text end

ARTICLE 3

VOLUNTEERISM

Section 1.

new text begin [3.9228] MINNESOTA YOUTH COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment and membership. new text end

new text begin The Minnesota Youth Council
is established. The council shall consist of three members from each congressional
district in Minnesota and additional four members selected at large. Members shall be
selected through an application and interview process open to anyone ages 13 through
18. Members shall serve a two-year term, except that one-half of the initial members
shall serve a one-year term.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The Minnesota Youth Council shall:
new text end

new text begin (1) provide advice and recommendation to the legislature and governor on issues
affecting youth;
new text end

new text begin (2) serve as liaisons for youth around the state to the legislature and the governor; and
new text end

new text begin (3) serve as mentors for political education in the members' communities.
new text end

new text begin Subd. 3. new text end

new text begin Partnerships. new text end

new text begin The Minnesota Youth Council shall partner with nonprofits
and educational resources to fulfill the duties of this section.
new text end

Sec. 2.

new text begin [16B.90] VOLUNTEER CAPACITY BUILDING PARTNERSHIP.
new text end

new text begin Subdivision 1. new text end

new text begin Formation. new text end

new text begin The commissioner of administration shall form a
public-private partnership established as the Volunteer Capacity Building Partnership
to support volunteer infrastructure and promote volunteerism in order to engage
Minnesotans in the achievement of state and community outcomes. The commissioner
of administration shall contract with an existing statewide organization that focuses on
volunteer infrastructure.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin (a) The partnership shall bring to scale current efforts to provide
training, consultation, and resources on volunteer engagement. The partnership shall
provide technical assistance and training as needed to the public and private sector for the
development and sustainment of volunteer programs throughout Minnesota to:
new text end

new text begin (1) offer widely available training on best practices of leadership of volunteers;
new text end

new text begin (2) convene key organizations and leaders to address pressing issues; and
new text end

new text begin (3) build citizen access to opportunities for volunteer service and create pathways
for service to support state goals set by the Northstar Council.
new text end

new text begin (b) The partnership shall conduct research on volunteerism to ensure accessibility
for all state citizens and identify the need of volunteer programs. The partnership may
issue informational materials relating to volunteer programs in Minnesota and the results
of the research.
new text end

new text begin (c) The partnership shall develop and execute a plan to promote volunteerism. This
plan must include ways to recognize volunteers and encourage volunteerism.
new text end

new text begin (d) The partnership shall serve as an organization with the ability to keep Minnesota
in the forefront of civic engagement. The partnership shall:
new text end

new text begin (1) monitor progress on a comprehensive volunteerism plan and update this plan
on a periodic basis;
new text end

new text begin (2) act proactively to bring opportunities in civic engagement forward for the state;
new text end

new text begin (3) create an information system on volunteerism resources to serve as a
clearinghouse to allow organizations and individuals with new ideas to connect with
similar endeavors in the state;
new text end

new text begin (4) serve as a consultant to state agencies, policymakers, and departments on best
practices in volunteerism and on opportunities in volunteerism to meet the goals outlined
in the state strategic plan;
new text end

new text begin (5) promote and support efforts by citizens, community-based organizations,
nonprofits, churches, and local government to collaborate in solving community problems;
new text end

new text begin (6) recognize and publicize models of effective public problem solving by citizens;
and
new text end

new text begin (7) build citizen access to opportunities for volunteer service and create pathways
for service to support state goals set by the Northstar Council.
new text end

new text begin (e) The partnership shall advance the goals outlined in the state strategic plan. The
partnership shall assist the Northstar Council in tracking strategic performance measures
in the area of civic engagement and volunteerism.
new text end

new text begin Subd. 3. new text end

new text begin Coordination. new text end

new text begin The partnership shall cooperate with national, state, and
local groups in collecting information on federal, state, and private resources which
may encourage and improve volunteer projects within the state. The partnership shall
coordinate its research and other work on citizen engagement with other entities including,
but not limited to, foundations, state boards, state commissions, the Minnesota Extension
Service, the University of Minnesota, nonprofits, businesses, state agencies, and state
departments.
new text end

new text begin Subd. 4. new text end

new text begin Fees. new text end

new text begin A private member of the partnership may charge a fee for service to
state agencies, political subdivisions, private and nonprofit organizations, and individuals
for services provided under this section.
new text end

Sec. 3.

new text begin [16B.91] CIVIC INNOVATION FUND.
new text end

new text begin The civic innovation fund is established to promote and support new initiatives
focused on developing citizen engagement in creating better outcomes to our state's
volunteerism goals. The Volunteer Capacity Building Partnership shall solicit proposals
from community organizations, individuals, foundations, and various units of government.
The partnership shall determine grant amounts based on the proposal's ability to: (1)
improve state goal or outcomes attainment, (2) meaningfully engage Minnesotans in
improve goal attainment, and (3) become self-sustaining within five years. Grants shall be
awarded from the civic innovation fund. The account consists of the amounts appropriated
to the account by law and of contributions to the account from private sources. Money
in the account is appropriated to the partnership for purposes of making grants under
this section.
new text end

Sec. 4.

Laws 2009, chapter 96, article 2, section 67, subdivision 15, is amended to read:


Subd. 15.

Youth works program.

For funding youth works programs under
Minnesota Statutes, sections 124D.37 to 124D.45:

$
deleted text begin 900,000
deleted text end new text begin 1,080,000
new text end
.....
2010
$
deleted text begin 900,000
deleted text end new text begin 1,080,000
new text end
.....
2011

A grantee organization may provide health and child care coverage to the dependents
of each participant enrolled in a full-time youth works program to the extent such coverage
is not otherwise available.

Sec. 5.

Laws 2009, chapter 96, article 2, section 67, subdivision 18, is amended to read:


Subd. 18.

Early childhood literacy programs.

For early childhood literacy
programs under Minnesota Statutes, section 119A.50, subdivision 3:

$
deleted text begin 1,375,000
deleted text end new text begin 1,650,000
new text end
.....
2010
$
deleted text begin 1,375,000
deleted text end new text begin 1,650,000
new text end
.....
2011

Up to deleted text begin $1,375,000deleted text end new text begin $1,650,000new text end each year is for leveraging federal and private funding
to support AmeriCorps members serving in the Minnesota Reading Corps program
established by Serve Minnesota, including costs associated with the training and teaching
of early literacy skills to children age three to grade 3 and the evaluation of the impact of
the program under Minnesota Statutes, sections 124D.38, subdivision 2, and 124D.42,
subdivision 6
.

Any balance in the first year does not cancel but is available in the second year.

Sec. 6. new text begin ASSESSMENT OF VOLUNTEER INFRASTRUCTURE.
new text end

new text begin Subdivision 1. new text end

new text begin Volunteer Assessment Oversight Task Force. new text end

new text begin The commissioner of
administration or a designee shall conduct an assessment on volunteer infrastructure in
Minnesota. The commissioner or designee shall create a Volunteer Assessment Oversight
Task Force comprised of leaders in the volunteerism and volunteer infrastructure
community to oversee the assessment. The commissioner or a designee shall appoint
members to this task force. This task force must represent unpaid and paid leaders in the
volunteerism field. This task force must be geographically balanced. All members of the
task force must serve voluntarily and without compensation.
new text end

new text begin Subd. 2. new text end

new text begin Report. new text end

new text begin (a) The assessment shall:
new text end

new text begin (1) identify gaps and challenges in volunteer infrastructure in Minnesota and
propose solutions;
new text end

new text begin (2) identify duplication of efforts and suggest opportunities for collaboration;
new text end

new text begin (3) identify ways of leveraging what organizations do best to develop creative and
innovative solutions to critical issues;
new text end

new text begin (4) recommend to the legislature and the service and volunteerism community
on the creation of a council of experts or other entity to foster collaboration within the
community; and
new text end

new text begin (5) create a comprehensive plan for advancing volunteerism in Minnesota.
new text end

new text begin (b) By January 15, 2012, this report must be submitted to the commissioner of
administration and the chairs and ranking minority members of the legislative divisions
and committees with jurisdiction over state government.
new text end

new text begin Subd. 3. new text end

new text begin Delegation. new text end

new text begin The commissioner of administration may delegate the duties
under this section to an existing private nonprofit corporation that is exempt from taxation
under section 501(c)(3) of the Internal Revenue Code of 1986. The private nonprofit
corporation must have a volunteer infrastructure focus, be committed to excellence in
building capacity for volunteerism, and have a statewide focus. Notwithstanding any
law to the contrary, the private nonprofit is not subject to laws governing state agencies
or political subdivisions, except the provisions of Minnesota Statutes, chapter 13; the
open meeting law under Minnesota Statutes, chapter 13D; salary limits under Minnesota
Statutes, section 15A.0815, subdivision 2; and audits by the legislative auditor under
Minnesota Statutes, chapter 3. The board of directors and the executive director of the
nonprofit corporation are considered an "official" for purposes of Minnesota Statutes,
section 10A.071. Notwithstanding any law to the contrary, this contract does not interfere
with the nonprofit's ability to direct other work, raise resources, and apply for nonprofit
funding to engage in its work.
new text end

Sec. 7. new text begin SENIOR VOLUNTEER TRANSPORTATION.
new text end

new text begin The Metropolitan Council, in coordination with Volunteers of America's senior corps
program, must develop a program to provide free rides on public transportation for seniors
60 years old or older to and from volunteer opportunities when the volunteer experience is
at least four hours long. By January 15, 2011, the Metropolitan Council shall report to the
chairs and ranking minority members of the house of representatives and senate divisions
and committees with jurisdiction over state government the details of this program.
new text end

Sec. 8. new text begin APPROPRIATION; MINNESOTA YOUTH COUNCIL.
new text end

new text begin $100,000 in fiscal year 2011 is appropriated from the general fund to the Minnesota
Youth Council under Minnesota Statutes, section 3.9228.
new text end

Sec. 9. new text begin APPROPRIATION; CAMPUS COMPACT.
new text end

new text begin $240,000 in fiscal year 2011 is appropriated from the general fund to the Minnesota
Office of Higher Education for grants to increase campus-community collaboration
and service learning statewide. The appropriation must be used for the operations of
the Minnesota campus compact, grants to member institutions, and grants for member
institution initiatives. At least one-half of the grants under this section must be made for
projects that promote economic recovery. For every $1 in state funding, grant recipients
must contribute $2 in campus or community-based support. The base appropriation for
fiscal years 2012 and 2013 is $240,000.
new text end

ARTICLE 4

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2009 Supplement, section 4A.01, subdivision 1, is
amended to read:


Subdivision 1.

Duties.

The commissioner of deleted text begin administrationdeleted text end new text begin management and
budget
new text end is the state planning officer and is responsible for the coordination, development,
assessment, and communication of information, performance measures, planning, and
policy concerning the state's future. new text begin The commissioner must carry out duties under this
chapter through the Planning and Performance Management Division of the Department
of Management and Budget.
new text end The commissioner may contract with another agency for
the provision of administrative services.

Sec. 2.

Minnesota Statutes 2008, section 16A.28, subdivision 1, is amended to read:


Subdivision 1.

Carryforward.

Agencies may carry forward unexpended and
unencumbered nongrant operating balancesnew text begin : (1)new text end from the first year of a biennium into
the second year of the bienniumnew text begin ; and (2) from the second year of the biennium into the
following biennium if the commissioner of management and budget determines that the
balance is a result of savings from enhanced efficiency in the performance of agency
duties and is justified
new text end .

Sec. 3. new text begin TRANSFER OF DUTIES.
new text end

new text begin The Management Analysis Division in the Department of Management and Budget
is renamed the Planning and Performance Management Division. Powers and duties of the
commissioner of administration relating to the state demographer and relating to strategic
and long-range planning are transferred to the Planning and Performance Management
Division of the Department of Management and Budget. Minnesota Statutes, section
15.039, applies to this transfer.
new text end