SF 2

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:10am

A bill for an act
relating to state government; specifying the development of budget
recommendations and requiring state agencies to provide information; requiring
disclosure of status of fiscal note requests; requiring a report on Minnesota
milestones performance measures; modifying state budget requirements;
requiring a forecast of cash flow for the general fund; specifying format for
detailed budget estimates of expenditures; imposing deadline for notice of
deficiency requests; requiring a searchable database of state expenditures;
requiring a map of money used to support children; reducing the number of
deputy commissioners and eliminating assistant commissioner positions in the
unclassified service; providing additional whistleblower protection to state
employees; requiring a budget working group; creating pilot program for
driver's license reinstatement diversion for individuals charged with driving
without valid license; eliminating obsolete requirements; appropriating money;
amending Minnesota Statutes 2008, sections 3.885, by adding a subdivision;
3.98, subdivision 4; 3.987, subdivision 1; 4A.01; 4A.02; 15.06, subdivision 8;
16A.055, subdivision 1; 16A.10, subdivisions 1, 2; 16A.11, subdivision 3, by
adding a subdivision; 16B.03; 43A.08, subdivision 1; 45.013; 84.01, subdivision
3; 116.03, subdivision 1; 116J.01, subdivision 5; 116J.035, subdivision 4;
174.02, subdivision 2; 181.932, subdivision 1; 241.01, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapters 4A; 16A; 43A; repealing
Minnesota Statutes 2008, sections 4A.06; 16A.152, subdivision 1b; 16C.046;
43A.08, subdivision 1b.

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

ARTICLE 1

BUDGET

Section 1.

Minnesota Statutes 2008, section 3.885, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Budget development. new text end

new text begin The commission may develop budget
recommendations to present to the legislature. If the commission proceeds with the
development of budget recommendations, state agencies must provide information to the
commission as requested by the commission to develop those recommendations. That
information includes the base budget, information on how the base budget is determined
and how it is allocated, recommendations from agency staff for changes in the base level
appropriations to improve agency operations and efficiency or to improve or increase
efficiency of programs operated by the agency, and responses to proposals for reductions
in agency budgets.
new text end

Sec. 2.

Minnesota Statutes 2008, section 3.98, subdivision 4, is amended to read:

Subd. 4.

Uniform procedure.

The commissioner of finance shall prescribe a
uniform procedure to govern the departments and agencies of the state in complying
with the requirements of this section. new text begin The uniform procedure must include a system
for posting the date a fiscal note was requested, the requested completion date, and the
estimated completion date, as well as the display of those dates on the front page of each
completed fiscal note.
new text end

Sec. 3.

Minnesota Statutes 2008, section 3.987, subdivision 1, is amended to read:

Subdivision 1.

Local impact notes.

The commissioner of finance shall coordinate
the development of a local impact note for any proposed legislation introduced after June
30, 1997, upon request of the chair or the ranking minority member of either legislative
Tax new text begin or Finance new text end Committee new text begin , or the house of representatives Committee on Ways and
Means new text end . Upon receipt of a request to prepare a local impact note, the commissioner must
notify the authors of the proposed legislation that the request has been made. The local
impact note must be made available to the public upon request. If the action is among the
exceptions listed in section 3.988, a local impact note need not be requested nor prepared.
The commissioner shall make a reasonable and timely estimate of the local fiscal impact
on each type of political subdivision that would result from the proposed legislation.
The commissioner of finance may require any political subdivision or the commissioner
of an administrative agency of the state to supply in a timely manner any information
determined to be necessary to determine local fiscal impact. The political subdivision,
its representative association, or commissioner shall convey the requested information to
the commissioner of finance with a signed statement to the effect that the information is
accurate and complete to the best of its ability. The political subdivision, its representative
association, or commissioner, when requested, shall update its determination of local
fiscal impact based on actual cost or revenue figures, improved estimates, or both.
Upon completion of the note, the commissioner must provide a copy to the authors
of the proposed legislation new text begin , as well as to the chair and ranking minority member of all
committees to which a bill is referred new text end .

Sec. 4.

Minnesota Statutes 2008, section 4A.01, is amended to read:

4A.01 deleted text begin OFFICE OF deleted text end STRATEGIC AND LONG-RANGE PLANNING.

new text begin Subdivision 1. new text end

new text begin Duties. new text end

deleted text begin The Office of Strategic and Long-Range Planning is created,
with a director appointed by the governor. deleted text end new text begin The commissioner of administration 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. The commissioner may contract with another agency for the provision of
administrative services.
new text end

new text begin Subd. 2. new text end

new text begin Long-range plan. new text end

new text begin By September 15, 2010, and every five years thereafter,
new text end the deleted text begin Office of Strategic and Long-Range Planning deleted text end new text begin commissioner new text end must develop an integrated
long-range plan for the state new text begin based upon the plans and strategies of state agencies,
public advice about the future, and other information developed under this chapter new text end . The
deleted text begin office deleted text end new text begin commissioner new text end must coordinate activities among all levels of government and must
stimulate public interest and participation in the future of the state.

The deleted text begin office deleted text end new text begin commissioner new text end must act in coordination with the commissioner of finance,
affected state agencies, and the legislature in the planning and financing of major public
programs.

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin The commissioner must submit a report to the governor and
legislature by January 15 of each year that provides economic, social, and environmental
demographic information to assist public and elected officials with long-term management
decisions. The report must identify and assess the information important to understanding
the state's two-, ten-, and 50-year outlook, including the budget implications for those time
periods. The report must include the demographic forecast required by section 4A.02,
paragraph (e), and information to assist with the preparation of the milestones report
required by section 4A.06, and may include policy recommendations based upon the
information and assessment provided.
new text end

Sec. 5.

Minnesota Statutes 2008, section 4A.02, is amended to read:

4A.02 STATE DEMOGRAPHER.

(a) The deleted text begin director deleted text end new text begin commissioner new text end shall appoint a state demographer. The demographer
must be professionally competent in demography and must possess demonstrated ability
based upon past performance.

(b) The demographer shall:

(1) continuously gather and develop demographic data relevant to the state;

(2) design and test methods of research and data collection;

(3) periodically prepare population projections for the state and designated regions
and periodically prepare projections for each county or other political subdivision of the
state as necessary to carry out the purposes of this section;

(4) review, comment on, and prepare analysis of population estimates and
projections made by state agencies, political subdivisions, other states, federal agencies, or
nongovernmental persons, institutions, or commissions;

(5) serve as the state liaison with the United States Bureau of the Census, coordinate
state and federal demographic activities to the fullest extent possible, and aid the
legislature in preparing a census data plan and form for each decennial census;

(6) compile an annual study of population estimates on the basis of county, regional,
or other political or geographical subdivisions as necessary to carry out the purposes of
this section and section 4A.03;

(7) by January 1 of each year, issue a report to the legislature containing an analysis
of the demographic implications of the annual population study and population projections;

(8) prepare maps for all counties in the state, all municipalities with a population
of 10,000 or more, and other municipalities as needed for census purposes, according to
scale and detail recommended by the United States Bureau of the Census, with the maps
of cities showing precinct boundaries;

(9) prepare an estimate of population and of the number of households for each
governmental subdivision for which the Metropolitan Council does not prepare an annual
estimate, and convey the estimates to the governing body of each political subdivision
by June 1 of each year;

(10) direct, under section 414.01, subdivision 14, and certify population and
household estimates of annexed or detached areas of municipalities or towns after being
notified of the order or letter of approval by the chief administrative law judge of the
State Office of Administrative Hearings;

(11) prepare, for any purpose for which a population estimate is required by law
or needed to implement a law, a population estimate of a municipality or town whose
population is affected by action under section 379.02 or 414.01, subdivision 14; and

(12) prepare an estimate of average household size for each statutory or home rule
charter city with a population of 2,500 or more by June 1 of each year.

(c) A governing body may challenge an estimate made under paragraph (b) by filing
their specific objections in writing with the state demographer by June 24. If the challenge
does not result in an acceptable estimate, the governing body may have a special census
conducted by the United States Bureau of the Census. The political subdivision must
notify the state demographer by July 1 of its intent to have the special census conducted.
The political subdivision must bear all costs of the special census. Results of the special
census must be received by the state demographer by the next April 15 to be used in that
year's June 1 estimate to the political subdivision under paragraph (b).

(d) The state demographer shall certify the estimates of population and household
size to the commissioner of revenue by July 15 each year, including any estimates still
under objection.

new text begin (e) The state demographer shall release a demographic forecast in conjunction with
the commissioner of finance and the November state economic forecast.
new text end

new text begin (f) The state demographer may contract for the development of data and research
required under this chapter, including, but not limited to, population estimates and
projections, the preparation of maps, and other estimates.
new text end

Sec. 6.

new text begin [4A.11] MILESTONES REPORT.
new text end

new text begin The commissioner must review the statewide system of economic, social, and
environmental performance measures in use under section 16A.10, subdivision 1c, and
known as Minnesota milestones. The commissioner must provide the economic, social,
and environmental information necessary to assist public and elected officials with
understanding and evaluating Minnesota milestones. The commissioner must report on
the trends and their implications for Minnesota milestones each year and provide the
commissioner of finance with recommendations for the use of Minnesota milestones in
budget documents. The commissioner may contract for the development of information
and measures.
new text end

Sec. 7.

Minnesota Statutes 2008, section 16A.055, subdivision 1, is amended to read:

Subdivision 1.

List.

(a) The commissioner shall:

(1) receive and record all money paid into the state treasury and safely keep it until
lawfully paid out;

(2) manage the state's financial affairs;

(3) keep the state's general account books according to generally accepted
government accounting principles;

(4) keep expenditure and revenue accounts according to generally accepted
government accounting principles;

(5) develop, provide instructions for, prescribe, and manage a state uniform
accounting system;

(6) provide to the state the expertise to ensure that all state funds are accounted for
under generally accepted government accounting principles; deleted text begin and deleted text end

(7) coordinate the development of, and maintain standards for, internal auditing in
state agencies and, in cooperation with the commissioner of administration, report to the
legislature and the governor by January 31 of odd-numbered years, on progress made new text begin ;
new text end

new text begin (8) monitor and oversee implementation of recommendations made to state agencies
by the legislative auditor; and
new text end

new text begin (9) develop and disseminate training materials and policies on internal controls and
ensure that employees in the executive branch with accounting or financial management
responsibilities, or those responsible for supervising employees with those duties,
participate in a regular course of training on internal controls and financial management new text end .

(b) In addition to the duties in paragraph (a), the commissioner has the powers and
duties given to the commissioner in chapter 43A.

Sec. 8.

new text begin [16A.056] WEB SITE WITH SEARCHABLE DATABASE ON STATE
EXPENDITURES.
new text end

new text begin Subdivision 1. new text end

new text begin Web database requirement. new text end

new text begin The commissioner, in consultation
with the commissioners of administration and revenue and the legislative auditor, must
maintain a Web site with a searchable database providing the public with information on
state contracts, state appropriations, state expenditures, state tax expenditures, and state
entities that are the subject of audits. The Web site must not include information that is not
public data, as defined in section 13.02, subdivision 8a. For each data field identified in
subdivisions 2 to 6, the searchable database must allow a user of the Web site to:
new text end

new text begin (1) perform a search using that field;
new text end

new text begin (2) sort by that field;
new text end

new text begin (3) obtain information grouped or aggregated by that field, where groups or subtotals
are feasible; and
new text end

new text begin (4) view information in that field by each fiscal year.
new text end

new text begin The searchable database may accommodate grouping and aggregating by allowing
the user to download the data into a user-controlled database.
new text end

new text begin Subd. 2. new text end

new text begin Contracts. new text end

new text begin (a) The searchable database on the Web site must include at
least the following data fields on state contracts:
new text end

new text begin (1) the name of the entity receiving the contract;
new text end

new text begin (2) the name of the agency entering into the contract;
new text end

new text begin (3) an indication if the contract is for (i) goods; (ii) professional or technical services;
(iii) services other than professional and technical services; or (iv) a grant; and
new text end

new text begin (4) the fund or funds from which the entity receiving the contract will be paid.
new text end

new text begin (b) For each contract, the database must also include:
new text end

new text begin (1) an address for each entity receiving a contract; and
new text end

new text begin (2) a brief statement of the purpose of the contract or grant.
new text end

new text begin (c) Information on a new contract or grant must be entered into the database within
30 days after the contract or grant is entered into.
new text end

new text begin (d) For purposes of this section, a "grant" is a contract between a state agency and
a recipient, the primary purpose of which is to transfer cash or a thing of value to the
recipient to support a public purpose. Grant does not include aid payments to units of local
government, payments to state employees, or payments made under laws providing for
assistance to individuals.
new text end

new text begin Subd. 3. new text end

new text begin Appropriations. new text end

new text begin The searchable database on the Web site must include
at least the following data fields on state appropriations:
new text end

new text begin (1) the agency receiving the appropriation, or the name of the nonstate entity
receiving state money;
new text end

new text begin (2) the agency program, to the extent applicable;
new text end

new text begin (3) the agency activity, to the extent applicable;
new text end

new text begin (4) an item within an activity if applicable;
new text end

new text begin (5) the fund from which the appropriation is made; and
new text end

new text begin (6) the object of expenditure.
new text end

new text begin Subd. 4. new text end

new text begin State expenditures. new text end

new text begin The searchable database on the Web site must include
at least the following data fields on state expenditures:
new text end

new text begin (1) the name of the agency or nonstate entity making the expenditure;
new text end

new text begin (2) the agency program, to the extent applicable;
new text end

new text begin (3) the agency activity, to the extent applicable;
new text end

new text begin (4) an item within an activity if applicable;
new text end

new text begin (5) the fund from which the expenditure is made; and
new text end

new text begin (6) the object of expenditure.
new text end

new text begin Subd. 5. new text end

new text begin Tax expenditures. new text end

new text begin The Web site must include a searchable database of
state tax expenditures. For each fiscal year, the database must include data fields showing
the estimated impact on state revenues of each tax expenditure item listed in the report
prepared under section 270C.11.
new text end

new text begin Subd. 6. new text end

new text begin Audits. new text end

new text begin The Web site required by this section must include a link to a
Web site containing the findings and results from the audits completed by the legislative
auditor that have been released to the public.
new text end

new text begin Subd. 7. new text end

new text begin Retention of data. new text end

new text begin The database required under this section must include
information beginning with fiscal year 2010 appropriations and must retain data for at
least ten years.
new text end

new text begin Subd. 8. new text end

new text begin Consultation. new text end

new text begin The commissioner of finance must consult with the
chairs of the house of representatives Ways and Means and senate Finance Committees
before encumbering any money appropriated on or after July 1, 2009, for the planning,
development, and implementation of state accounting or procurement systems. No money
appropriated for these purposes may be spent unless the commissioner certifies that the
systems will allow compliance with requirements of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following certification by the
commissioner of finance that a new statewide accounting and procurement system has
been implemented.
new text end

Sec. 9.

Minnesota Statutes 2008, section 16A.10, subdivision 1, is amended to read:

Subdivision 1.

Budget format.

In each even-numbered calendar year the
commissioner shall prepare budget forms and instructions for all agencies, including
guidelines for reporting agency performance measures, subject to the approval of the
governor. The commissioner shall request and receive advisory recommendations from
the chairs of the senate Finance Committee and house of representatives Ways and
Means Committee before adopting a format for the biennial budget document. By June
15, the commissioner shall send the proposed budget forms to the appropriations and
finance committees. The committees have until July 15 to give the commissioner their
advisory recommendations on possible improvements. To facilitate this consultation, the
commissioner shall establish a working group consisting of executive branch staff and
designees of the chairs of the senate Finance and house of representatives Ways and Means
Committees. The commissioner must involve this group in all stages of development of
budget forms and instructions. The budget format must show actual expenditures and
receipts for the new text begin three new text end most recent fiscal deleted text begin year deleted text end new text begin years new text end , estimated expenditures and receipts for
the current fiscal year, and estimates for each fiscal year of the next biennium. Estimated
expenditures must be classified by funds and character of expenditures and may be
subclassified by programs and activities. Agency revenue estimates must show how the
estimates were made and what factors were used. Receipts must be classified by funds,
programs, and activities. Expenditure and revenue estimates must be based on the law in
existence at the time the estimates are prepared.

Sec. 10.

Minnesota Statutes 2008, section 16A.10, subdivision 2, is amended to read:

Subd. 2.

By October 15 and November 30.

By October 15 of each even-numbered
year, an agency must file the following with the commissioner:

(1) deleted text begin budget estimates deleted text end new text begin actual spending new text end for the new text begin three new text end most recent and new text begin budget estimates
for the new text end current fiscal years;

(2) its upcoming biennial budget estimates;

(3) a comprehensive and integrated statement of agency missions and outcome
and performance measures; and

(4) a concise explanation of any planned changes in the level of services or new
activities.

The commissioner shall prepare and file the budget estimates for an agency failing
to file them.

By November 30, the commissioner shall send the final budget format, agency
budget estimates for the next biennium, and copies of the filed material to the Ways and
Means and Finance Committees, except that the commissioner shall not be required to
transmit information that identifies executive branch budget decision items.

Sec. 11.

new text begin [16A.107] CASH FLOW FORECAST.
new text end

new text begin Within 30 days after the November forecast of state revenue and expenditures under
section 16A.103, the commissioner shall deliver to the governor and the legislature a
forecast of cash flow for the general fund, showing the expected maximum and minimum
cash balance in the fund for each month of the forecast period.
new text end

Sec. 12.

Minnesota Statutes 2008, section 16A.11, subdivision 3, is amended to read:

Subd. 3.

Part two: detailed budget.

(a) Part two of the budget, the detailed budget
estimates both of expenditures and revenues, must contain any statements on the financial
plan which the governor believes desirable or which may be required by the legislature.
The detailed estimates shall include new text begin the budget request of each organizational unit within
an agency arranged in tabular form so it may readily be compared with new text end the governor's
budget deleted text begin arranged in tabular form deleted text end new text begin for the organizational unit and agency new text end .

(b) Tables listing expenditures for the next biennium must show the appropriation
base for each year new text begin in column form broken down by appropriation allotments at budget
activity level relative to proposed appropriation and appropriation allotment levels by
budget activity new text end . The appropriation base is the amount appropriated for the second year
of the current biennium. The tables must separately show any adjustments to the base
required by current law or policies of the commissioner of finance. For forecasted
programs, the tables must also show the amount of the forecast adjustments, based on the
most recent forecast prepared by the commissioner of finance under section 16A.103.
new text begin Any appropriation change requested by an agency or an organizational unit within an
agency must be submitted in writing and include information that supports the requested
change. new text end For all programs, the tables must show new text begin the agency requests, new text end the amount of
appropriation changes recommended by the governor, after adjustments to the base and
forecast adjustments, and the total recommendation of the governor for that year.

(c) The detailed estimates must include a separate line listing the total cost of
professional and technical service contracts for the prior biennium and the projected costs
of those contracts for the current and upcoming biennium. They must also include a
summary of the personnel employed by the agency, reflected as full-time equivalent
positions.

(d) The detailed estimates for internal service funds must include the number of
full-time equivalents by program; detail on any loans from the general fund, including
dollar amounts by program; proposed investments in technology or equipment of $100,000
or more; an explanation of any operating losses or increases in retained earnings; and a
history of the rates that have been charged, with an explanation of any rate changes and
the impact of the rate changes on affected agencies.

new text begin (e) The detailed estimates must provide a spending trend analysis by program
showing at least the three most recent years of actual spending, or as many years of actual
spending as are available for new programs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011.
new text end

Sec. 13.

Minnesota Statutes 2008, section 16A.11, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Deficiency requests. new text end

new text begin By January 15 of each year, the commissioner
of finance must notify the chair and ranking minority member of the senate Finance
Committee and the chair and ranking minority member of the house of representatives
Ways and Means Committee of any state agency requests to eliminate budget shortfalls
likely to occur before the end of the legislative session.
new text end

Sec. 14.

new text begin [16A.89] MAP OF MONEY USED TO SUPPORT CHILDREN.
new text end

new text begin Subdivision 1. new text end

new text begin Resource map. new text end

new text begin (a) After soliciting public input as required by
paragraph (b), the commissioner shall use existing resources available to the department
to design and oversee a pilot project to map all state expenditures, regardless of source,
that serve the primary function of supporting the health, safety, permanence, growth,
development, and education of children in this state. For purposes of this section,
"children" includes individuals under 21 years of age.
new text end

new text begin (b) The commissioner shall solicit public input regarding the resource mapping
required by this section by providing public notice of the mapping project and subsequent
revisions on the Department of Finance Web site. The commissioner shall provide
an opportunity for members of the public to provide suggestions for the design and
development of the project. In particular, the commissioner shall seek suggestions and
comments from individuals who have conducted relevant research at higher education
institutions and from individuals with relevant experience at nonprofit institutions and
foundations.
new text end

new text begin (c) The resource mapping must include, but is not limited to:
new text end

new text begin (1) an inventory of all federal and state funding sources that support children in this
state, including prenatal services for pregnant women, grouped in a manner that would
assist the legislature in determining whether there are overlapping programs that lead to
duplication within the state, gaps in service delivery, and any administrative inefficiencies
generally; and
new text end

new text begin (2) a description of the manner in which the money is being used within the agencies
or organizations, the performance measures in place to assess the use of the money, and the
intended outcomes of the programs and services, to the extent this information is available.
new text end

new text begin Subd. 2. new text end

new text begin Updates. new text end

new text begin As part of the report required under subdivision 4, the
commissioner shall provide a description of the experience gained from the pilot project,
including any necessary draft legislation regarding possible updates and enhancements to
the map of the money used to support children in the state, and an opinion regarding the
potential for expanding resource mapping to other areas of the state budget.
new text end

new text begin Subd. 3. new text end

new text begin Agency assistance. new text end

new text begin Upon request, each state department or agency shall
provide assistance to the commissioner for the purposes of this section.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin By January 15, 2010, the commissioner shall report to the
legislative committees and budget divisions with jurisdiction over children, family
security, education, health, human services, housing, public safety, corrections, and the
judiciary by providing an electronic version of the executive summary included in the
report required by this subdivision. The report must be available online.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 15.

new text begin [16A.90] EMPLOYEE SUGGESTION SYSTEM.
new text end

new text begin The commissioner shall establish a program to solicit suggestions from state
employees for ways to reduce the costs of operating state government or for ways of
providing better or more efficient state services. The commissioner may make a onetime
award to an employee or group of employees whose suggestion is determined by the
commissioner to have resulted in documented cost-savings to the state. The maximum
award is the lesser of ten percent of the documented savings in the first fiscal year in which
the employee's suggestion is implemented or $2,500. The award must be paid from the
appropriation to which the savings accrued.
new text end

Sec. 16.

new text begin [43A.015] DUTIES AND RIGHTS OF CLASSIFIED EMPLOYEES.
new text end

new text begin State employees in the classified service, including employees of the attorney
general in the classified service, are expected during their work hours to be nonpartisan
resources for information, analysis, and advice, within their area of responsibility and
expertise, to elected officials and their staffs in both executive and legislative branches of
government. Workload concerns related to requests for information, analysis, and advice
shall be mediated, if necessary, by management staff in a manner that ensures adequate
and equitable access to the knowledge and expertise of the staff by both the executive
and legislators. This section does not authorize or require an employee to disclose data
that is not public data under chapter 13.
new text end

Sec. 17.

Minnesota Statutes 2008, section 181.932, subdivision 1, is amended to read:

Subdivision 1.

Prohibited action.

An employer shall not discharge, discipline,
threaten, otherwise discriminate against, or penalize an employee regarding the employee's
compensation, terms, conditions, location, or privileges of employment because:

(1) the employee, or a person acting on behalf of an employee, in good faith, reports
a violation or suspected violation of any federal or state law or rule adopted pursuant to
law to an employer or to any governmental body or law enforcement official;

(2) the employee is requested by a public body or office to participate in an
investigation, hearing, inquiry;

(3) the employee refuses an employer's order to perform an action that the employee
has an objective basis in fact to believe violates any state or federal law or rule or
regulation adopted pursuant to law, and the employee informs the employer that the order
is being refused for that reason;

(4) the employee, in good faith, reports a situation in which the quality of health care
services provided by a health care facility, organization, or health care provider violates a
standard established by federal or state law or a professionally recognized national clinical
or ethical standard and potentially places the public at risk of harm; deleted text begin or
deleted text end

(5) a public employee communicates the findings of a scientific or technical study
that the employee, in good faith, believes to be truthful and accurate, including reports to a
governmental body or law enforcement official new text begin ; or
new text end

new text begin (6) an employee in the classified service of state government communicates
information that the employee, in good faith, believes to be truthful and accurate, and that
relates to state services, including the financing of state services to:
new text end

new text begin (i) a legislator or the legislative auditor; or
new text end

new text begin (ii) a constitutional officer new text end .

The disclosures protected pursuant to this section do not authorize the disclosure of data
otherwise protected by law.

Sec. 18. new text begin BUDGET WORKING GROUP.
new text end

new text begin By July 14, 2009, the commissioner of finance must convene a joint
executive-legislative working group to evaluate the usefulness and benefits of the budget
documents prepared in accordance with the requirements of Minnesota Statutes, section
16A.11. The members of the working group must include executive branch staff and
designees of the chairs of the senate Finance and house of representatives Ways and
Means committees, including representatives of both the majority and minority parties.
The appointing authorities from the legislative branch must complete their designations by
July 1, 2009.
new text end

new text begin The working group must also examine the current availability and usefulness to
the legislature and the public of state budget information, in both printed and electronic
form. The working group must make recommendations, including draft legislation, if
necessary, to improve the ability of the legislature and the public to use the information on
state revenues and expenditures.
new text end

new text begin By December 10, 2009, the commissioner must report the progress of the working
group to the Legislative Commission on Planning and Fiscal Policy, and other committees
as appropriate.
new text end

new text begin The working group expires when the commissioner submits the report required
by this section.
new text end

Sec. 19. new text begin LICENSE REINSTATEMENT DIVERSION PILOT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin An eligible city may establish a license reinstatement
diversion pilot program for holders of class D drivers' licenses who have been charged
with violating Minnesota Statutes, section 171.24, subdivision 1 or 2, but have not yet
entered a plea in the proceedings. An individual charged with driving after revocation
under Minnesota Statutes, section 171.24, subdivision 2, is eligible for diversion only if
the revocation was due to a violation of Minnesota Statutes, section 169.791; 169.797;
169A.52; 169A.54; or 171.17, subdivision 1, paragraph (a), clause (6). An individual
who is a holder of a commercial driver's license or who has committed an offense in a
commercial motor vehicle is ineligible for participation in the diversion pilot program.
new text end

new text begin Subd. 2. new text end

new text begin Eligible cities. new text end

new text begin Each of the cities of Duluth, St. Paul, South St. Paul,
West St. Paul, and Inver Grove Heights is eligible to establish the license reinstatement
diversion pilot program within its city.
new text end

new text begin Subd. 3. new text end

new text begin Contract. new text end

new text begin An eligible city may contract with a third party to create and
administer the diversion program.
new text end

new text begin Subd. 4. new text end

new text begin Diversion of individual. new text end

new text begin A prosecutor for a participating city may
determine whether to accept an individual for diversion, and in doing so shall consider:
new text end

new text begin (1) whether the individual has a record of driving without a valid license or other
criminal record, or has previously participated in a diversion program;
new text end

new text begin (2) the strength of the evidence against the individual, along with any mitigating
factors; and
new text end

new text begin (3) the apparent ability and willingness of the individual to participate in the
diversion program and comply with its requirements.
new text end

new text begin Subd. 5. new text end

new text begin Diversion driver's license. new text end

new text begin (a) The commissioner of public safety may
issue a diversion driver's license to a person who is a participant in a pilot program for
diversion, following receipt of an application and payment of:
new text end

new text begin (1) the reinstatement fee under Minnesota Statutes, section 171.20, subdivision 4, by
a participant whose driver's license has been suspended;
new text end

new text begin (2) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2,
paragraph (a), by a participant whose driver's license has been revoked under Minnesota
Statutes, section 169.791; 169.797; or 171.17, subdivision 1, paragraph (a), clause (6); or
new text end

new text begin (3) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2,
paragraph (a), by a participant whose driver's license has been revoked under Minnesota
Statutes, section 169A.52 or 169A.54. The reinstatement fee and surcharge, both of which
are provided under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), also
must be paid during the course of, and as a condition of, the diversion program.
new text end

new text begin The diversion driver's license may bear restrictions imposed by the commissioner suitable
to the licensee's driving ability or other restrictions applicable to the licensee as the
commissioner may determine to be appropriate to ensure the safe operation of a motor
vehicle by the licensee.
new text end

new text begin (b) Payments by participants in the diversion program of the reinstatement fee and
surcharge under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), must be
applied first toward payment of the reinstatement fee, and after the reinstatement fee has
been fully paid, toward payment of the surcharge. Each payment that is applied toward
the reinstatement fee must be credited as provided in Minnesota Statutes, section 171.29,
subdivision 2, paragraph (b), and each payment that is applied toward the surcharge must
be credited as provided in Minnesota Statutes, section 171.29, subdivision 2, paragraphs
(c) and (d).
new text end

new text begin Subd. 6. new text end

new text begin Components of program. new text end

new text begin (a) At a minimum, the diversion program
must require individuals to:
new text end

new text begin (1) successfully attend and complete, at the individual's expense, educational classes
that provide, among other things, information on drivers' licensure;
new text end

new text begin (2) pay, according to a schedule approved by the prosecutor, all required fees,
fines, and charges, including applicable statutory license reinstatement fees and costs
of participation in the program;
new text end

new text begin (3) comply with all traffic laws; and
new text end

new text begin (4) demonstrate compliance with vehicle insurance requirements.
new text end

new text begin (b) An individual who is accepted into the pilot program is eligible to apply for a
diversion driver's license.
new text end

new text begin Subd. 7. new text end

new text begin Termination of participation in diversion program. new text end

new text begin (a) An individual's
participation in the diversion program may terminate when:
new text end

new text begin (1) during participation in the program, the individual is guilty of a moving traffic
violation or failure to provide vehicle insurance;
new text end

new text begin (2) the third-party administrator of the diversion program informs the court and the
commissioner of public safety that the individual is no longer satisfying the conditions
of the diversion; or
new text end

new text begin (3) the third-party administrator informs the court, the prosecutor, and the
commissioner of public safety that the individual has met all conditions of the diversion
program, including, at a minimum, satisfactory fulfillment of the components in
subdivision 6, whereupon the court shall dismiss the charge or the prosecutor shall decline
to prosecute.
new text end

new text begin (b) Upon termination of an individual's participation in the diversion program, the
commissioner shall cancel the individual's diversion driver's license.
new text end

new text begin (c) The original charge against the individual of violation of Minnesota Statutes,
section 171.24, may be reinstated against an individual whose participation in the
diversion program terminates under paragraph (a), clause (1) or (2).
new text end

new text begin (d) The commissioner shall reinstate the driver's license of an individual whose
participation in the diversion program terminates under paragraph (a), clause (3).
new text end

new text begin Subd. 8. new text end

new text begin Report. new text end

new text begin (a) By February 1, 2011, the commissioner of public safety and
each eligible city that participates in the diversion program shall report to the legislative
committees with jurisdiction over transportation and the judiciary concerning the results of
the program. The report must be made electronically and be available in print only upon
request. The report must include, without limitation, the effect of the program on:
new text end

new text begin (1) recidivism rates for participants in the diversion pilot program;
new text end

new text begin (2) the number of unlicensed drivers who continue to drive in violation of Minnesota
Statutes, section 171.24;
new text end

new text begin (3) payment of the fees and fines collected in the diversion pilot program to cities,
counties, and the state;
new text end

new text begin (4) educational support provided to participants in the diversion pilot program; and
new text end

new text begin (5) the total number of participants in the diversion pilot program and the number of
participants who have terminated from the pilot program under subdivision 7, paragraph
(a), clauses (1) to (3).
new text end

new text begin (b) The report must include recommendations regarding the future of the program
and any necessary legislative changes.
new text end

new text begin Subd. 9. new text end

new text begin Sunset. new text end

new text begin The pilot project under this section expires June 30, 2011.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 20. new text begin APPROPRIATION.
new text end

new text begin $763,000 in the fiscal year ending June 30, 2010, and $536,000 in the fiscal year
ending June 30, 2011, is appropriated from the general fund to the commissioner of
finance to carry out the duties imposed by this article.
new text end

new text begin $187,000 in the fiscal year ending June 30, 2010, and $180,000 in the fiscal year
ending June 30, 2011, is appropriated from the general fund to the commissioner of
administration to carry out the duties imposed by this article.
new text end

Sec. 21. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2008, sections 4A.06; and 16A.152, subdivision 1b, new text end new text begin are
repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2008, section 16C.046, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (b) is effective the day following certification by
the commissioner of finance that a new statewide accounting and procurement system has
been implemented.
new text end

Sec. 22. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3, 9 to 11, 13, 16 to 18, and 21 are effective the day following final
enactment.
new text end

ARTICLE 2

UNCLASSIFIED POSITIONS

Section 1.

Minnesota Statutes 2008, section 15.06, subdivision 8, is amended to read:

Subd. 8.

Number of deputy commissioners.

deleted text begin Unless specifically authorized by
statute, other than section 43A.08, subdivision 2, deleted text end No department or agency specified in
subdivision 1 shall have more than one deputy commissioner.

Sec. 2.

Minnesota Statutes 2008, section 16B.03, is amended to read:

16B.03 APPOINTMENTS.

The commissioner is authorized to appoint staff, including deleted text begin two deleted text end new text begin one new text end deputy
deleted text begin commissioners deleted text end new text begin commissioner new text end , in accordance with chapter 43A.

Sec. 3.

Minnesota Statutes 2008, section 43A.08, subdivision 1, is amended to read:

Subdivision 1.

Unclassified positions.

Unclassified positions are held by employees
who are:

(1) chosen by election or appointed to fill an elective office;

(2) heads of agencies required by law to be appointed by the governor or other
elective officers, and the executive or administrative heads of departments, bureaus,
divisions, and institutions specifically established by law in the unclassified service;

(3) deputy deleted text begin and assistant deleted text end agency heads and one confidential secretary in the agencies
listed in deleted text begin subdivision 1a and in the Office of Strategic and Long-Range Planning deleted text end new text begin section
15.06, subdivision 1 new text end ;

(4) the confidential secretary to each of the elective officers of this state and, for the
secretary of state and state auditor, an additional deputy, clerk, or employee;

(5) intermittent help employed by the commissioner of public safety to assist in
the issuance of vehicle licenses;

(6) employees in the offices of the governor and of the lieutenant governor and one
confidential employee for the governor in the Office of the Adjutant General;

(7) employees of the Washington, D.C., office of the state of Minnesota;

(8) employees of the legislature and of legislative committees or commissions;
provided that employees of the Legislative Audit Commission, except for the legislative
auditor, the deputy legislative auditors, and their confidential secretaries, shall be
employees in the classified service;

(9) presidents, vice-presidents, deans, other managers and professionals in
academic and academic support programs, administrative or service faculty, teachers,
research assistants, and student employees eligible under terms of the federal Economic
Opportunity Act work study program in the Perpich Center for Arts Education and the
Minnesota State Colleges and Universities, but not the custodial, clerical, or maintenance
employees, or any professional or managerial employee performing duties in connection
with the business administration of these institutions;

(10) officers and enlisted persons in the National Guard;

(11) attorneys, legal assistants, and three confidential employees appointed by the
attorney general or employed with the attorney general's authorization;

(12) judges and all employees of the judicial branch, referees, receivers, jurors, and
notaries public, except referees and adjusters employed by the Department of Labor
and Industry;

(13) members of the State Patrol; provided that selection and appointment of State
Patrol troopers must be made in accordance with applicable laws governing the classified
service;

(14) examination monitors and intermittent training instructors employed by
the Departments of Finance and Commerce and by professional examining boards and
intermittent staff employed by the technical colleges for the administration of practical
skills tests and for the staging of instructional demonstrations;

(15) student workers;

(16) executive directors or executive secretaries appointed by and reporting to any
policy-making board or commission established by statute;

(17) employees unclassified pursuant to other statutory authority;

(18) intermittent help employed by the commissioner of agriculture to perform
duties relating to pesticides, fertilizer, and seed regulation;

(19) the administrators and the deputy administrators at the State Academies for the
Deaf and the Blind; and

(20) chief executive officers in the Department of Human Services.

Sec. 4.

Minnesota Statutes 2008, section 45.013, is amended to read:

45.013 POWER TO APPOINT STAFF.

The commissioner of commerce may appoint deleted text begin four deleted text end new text begin one new text end deputy deleted text begin commissioners, four
assistant commissioners, and an assistant to the commissioner. Those positions, as well as
that of deleted text end new text begin and new text end a confidential secretary deleted text begin , are deleted text end new text begin in the new text end unclassified new text begin service new text end . The commissioner may
appoint other employees necessary to carry out the duties and responsibilities entrusted to
the commissioner.

Sec. 5.

Minnesota Statutes 2008, section 84.01, subdivision 3, is amended to read:

Subd. 3.

Employees; delegation.

deleted text begin Subject to the provisions of Laws 1969, chapter
1129, and to other applicable laws deleted text end The commissioner shall organize the department and
employ deleted text begin up to three assistant commissioners, each of whom shall serve at the pleasure of
the commissioner in the unclassified service, one of whom shall have responsibility for
coordinating and directing the planning of every division within the agency, and such other deleted text end
officers, employees, and agents as the commissioner may deem necessary to discharge the
functions of the department, define the duties of such officers, employees, and agents and
to delegate to them any of the commissioner's powers, duties, and responsibilities subject
to the control of, and under the conditions prescribed by, the commissioner. Appointments
to exercise delegated power shall be by written order filed with the secretary of state.

Sec. 6.

Minnesota Statutes 2008, section 116.03, subdivision 1, is amended to read:

Subdivision 1.

Office.

(a) The office of commissioner of the Pollution Control
Agency is created and is under the supervision and control of the commissioner, who is
appointed by the governor under the provisions of section 15.06.

(b) The commissioner may appoint a deputy commissioner deleted text begin and assistant
commissioners deleted text end who shall be in the unclassified service.

(c) The commissioner shall make all decisions on behalf of the agency that are not
required to be made by the agency under section 116.02.

Sec. 7.

Minnesota Statutes 2008, section 116J.01, subdivision 5, is amended to read:

Subd. 5.

Departmental organization.

(a) The commissioner shall organize the
department as provided in section 15.06.

(b) The commissioner may establish divisions and offices within the department.
deleted text begin The commissioner may employ four deputy commissioners in the unclassified service.
deleted text end

(c) The commissioner shall:

(1) employ assistants and other officers, employees, and agents that the commissioner
considers necessary to discharge the functions of the commissioner's office;

(2) define the duties of the officers, employees, and agents, and delegate to them any
of the commissioner's powers, duties, and responsibilities, subject to the commissioner's
control and under conditions prescribed by the commissioner.

(d) The commissioner shall ensure that there are at least three employment and
economic development officers in state offices in nonmetropolitan areas of the state who
will work with local units of government on developing local employment and economic
development.

Sec. 8.

Minnesota Statutes 2008, section 116J.035, subdivision 4, is amended to read:

Subd. 4.

Delegation of powers.

The commissioner may delegate, in written orders
filed with the secretary of state, any powers or duties subject to the commissioner's
control to officers and employees in the department. Regardless of any other law, the
commissioner may delegate the execution of specific contracts or specific types of
contracts to the commissioner's deleted text begin deputies deleted text end new text begin deputy new text end , an assistant commissioner, or a program
director if the delegation has been approved by the commissioner of administration and
filed with the secretary of state.

Sec. 9.

Minnesota Statutes 2008, section 174.02, subdivision 2, is amended to read:

Subd. 2.

Unclassified positions.

The commissioner may deleted text begin establish four positions
in the unclassified service at the deleted text end new text begin appoint a new text end deputy deleted text begin and assistant deleted text end commissioner deleted text begin , assistant
to commissioner or deleted text end new text begin and a new text end personal secretary deleted text begin levels. No more than two of these positions
shall be at the deputy commissioner level deleted text end new text begin in the unclassified service new text end .

Sec. 10.

Minnesota Statutes 2008, section 241.01, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Deputies deleted text end new text begin Deputy new text end .

The commissioner of corrections may appoint and
employ deleted text begin no more than two deleted text end new text begin a new text end deputy deleted text begin commissioners deleted text end new text begin commissioner new text end . The commissioner may
also appoint a personal secretary, who shall serve at the commissioner's pleasure in the
unclassified civil service.

Sec. 11. new text begin APPROPRIATION REDUCTION.
new text end

new text begin The commissioner of finance shall determine the costs of salaries and economic
benefits attributable to the positions eliminated by this article and reduce the appropriation
to each affected agency accordingly. The total reduction to general fund appropriations
must be at least $3,871,000 for the fiscal year ending June 30, 2010, and $3,871,000
for the fiscal year ending June 30, 2011.
new text end

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 43A.08, subdivision 1b, new text end new text begin is repealed.
new text end