SF 1372

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 05/21/2016 12:09pm

A bill for an act
relating to state government; changing provisions for professional and
technical service contracts for the legislature and the Legislative Coordinating
Commission; changing the term of the chair of the Legislative Coordinating
Commission between the senate and the house of representatives and other
provisions; certain reports to the Legislative Coordinating Commission must be
submitted electronically; changing provisions for ethnic councils; amending
Minnesota Statutes 2014, sections 3.225, subdivisions 2, 3, 5; 3.303, subdivisions
3, 10; Minnesota Statutes 2015 Supplement, section 15.0145, subdivisions 4, 5, 8.

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

Section 1.

Minnesota Statutes 2014, section 3.225, subdivision 2, is amended to read:

Subd. 2.

Requirements for all contracts.

Before entering into a contract for
professional or technical services, the contracting entity must determine that:

(1) deleted text begin all provisions of section 16C.16, subdivision 3, relating to purchases from small
businesses, have been verified or complied with deleted text end new text begin no current legislative employee is able
and available to perform the services called for by the contract new text end ;

(2) the work to be performed under the contract is necessary to the entity's
achievement of its responsibilities;

(3) the contract will not establish an employment relationship between the state or
the entity and any persons performing under the contract;

(4) no current legislative employees will engage in the performance of the contract;

(5) deleted text begin no state agency has previously performed or contracted for the performance of
tasks which would be substantially duplicated under the proposed contract; deleted text end new text begin the entity will
assign personnel to manage the contract; and
new text end

deleted text begin (6) the contracting entity has specified a satisfactory method of evaluating and using
the results of the work to be performed; and
deleted text end

deleted text begin (7) deleted text end new text begin (6) new text end the combined contract and amendments will not extend for more than five
years.

Sec. 2.

Minnesota Statutes 2014, section 3.225, subdivision 3, is amended to read:

Subd. 3.

Contracts over deleted text begin $5,000 deleted text end new text begin $25,000 new text end .

Before an entity may seek to enter into a
professional or technical services contract valued in excess of deleted text begin $5,000 deleted text end new text begin $25,000 new text end , it must
determine that:

deleted text begin (1) no current legislative employee is able and available to perform the services
called for by the contract;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end reasonable efforts were made to publicize the availability of the contract
to the public; new text begin and
new text end

deleted text begin (3) deleted text end new text begin (2) new text end the entity deleted text begin has received, reviewed, and accepted a detailed work plan from
the contractor for performance under the contract; and deleted text end new text begin has established any performance
measures or other tools that the entity determines are necessary to evaluate contractor
performance.
new text end

deleted text begin (4) the entity has developed, and fully intends to implement, a written plan providing
for: the assignment of personnel to a monitoring and liaison function; the periodic review
of interim reports or other indications of past performance; and the ultimate utilization of
the final product of the services.
deleted text end

Sec. 3.

Minnesota Statutes 2014, section 3.225, subdivision 5, is amended to read:

Subd. 5.

Reports.

(a) The house of representatives, the senate, and the Legislative
Coordinating Commission shall submit to the Legislative Reference Library new text begin by September
1 of each year new text end a deleted text begin monthly deleted text end listing of all contracts for professional or technical services
executed in the preceding deleted text begin month deleted text end new text begin fiscal year new text end . The report must identify the parties and the
contract amount, duration, and tasks to be performed.

(b) The deleted text begin monthly deleted text end new text begin yearly new text end report must:

(1) be sorted by contracting entity and by contractor;

(2) show the aggregate value of contracts issued by each agency and issued to each
contractor;

(3) distinguish between contracts that are being issued for the first time and contracts
that are being renewed;

(4) state the termination date of each contract; and

(5) categorize contracts according to subject matter, including topics such as contracts
for training, contracts for research and opinions, and contracts for computer systems.

(c) Within 30 days of final completion of a contract over $40,000 covered by this
subdivision, the chief executive of the entity entering into the contract must file a one-page
performance report with the Legislative Reference Library. The report must:

(1) summarize the purpose of the contract, including why it was necessary to enter
into a contract;

(2) state the amount spent on the contract; and

(3) explain why this amount was a cost-effective way to enable the entity to provide
its services or products better or more efficiently.

Sec. 4.

Minnesota Statutes 2014, section 3.303, subdivision 3, is amended to read:

Subd. 3.

Chair.

The deleted text begin president of the senate and the speaker of the house shall
alternate annually as deleted text end chair of the commission new text begin alternates between the president of the
senate and the speaker of the house of representatives at the start of the regular legislative
session in each odd-numbered year new text end .

Sec. 5.

Minnesota Statutes 2014, section 3.303, subdivision 10, is amended to read:

Subd. 10.

Constitutionally dedicated funding accountability.

(a) The Legislative
Coordinating Commission shall develop and maintain a user-friendly, public-oriented
Web site that informs, educates, and demonstrates to the public how the constitutionally
dedicated funds in the arts and cultural heritage fund, outdoor heritage fund, clean water
fund, parks and trails fund, and environment and natural resources trust fund are being
expended to meet the requirements established for each fund in the state constitution.
Information provided on the Web site must include, but is not limited to:

(1) information on all project proposals received by the Outdoor Heritage Council
and the Legislative-Citizen Commission on Minnesota Resources;

(2) information on all projects receiving funding, including:

(i) the name of the project and a project description;

(ii) the name, telephone number, members of the board or equivalent governing
body, and e-mail address of the funding recipient and, when applicable, the Web site
address where the public can directly access detailed information on the recipient's receipt
and use of money for the project;

(iii) the amount and source of funding, including the fiscal year of the appropriation;

(iv) the amount and source of any additional funding or leverage;

(v) the duration of the project;

(vi) the number of full-time equivalents funded under the project. For the purposes
of this item, "full-time equivalent" means a position directly attributed to the receipt of
money from one or more of the funds covered under this section, calculated as the total
number of hours planned for the position divided by 2,088;

(vii) the direct expenses and administration costs of the project;

(viii) proposed measurable outcomes and the plan for measuring and evaluating
the results;

(ix) for pass-through, noncompetitive grants, the entity acting as the fiscal agent or
administering agency and a point of contact for additional information; and

(x) for competitive grants, the name and a brief description of the qualifications of
all board members or members of an equivalent governing body ultimately responsible
for awarding the grants, as well as any grant-making advisory group. In addition, an
entity that awards competitive grants, including but not limited to a state agency or any
statewide, regional, or local organization, must report whether an employee, decision
maker, advisory group member, or other person involved in the grant process disclosed
a conflict of interest or potential conflict of interest. If the entity reports that a conflict
of interest or potential conflict of interest was disclosed, the entity must provide the
Legislative Coordinating Commission with a contact person for additional information and
the Legislative Coordinating Commission must post this information on the Web site. An
entity that awards competitive grants must obtain and apply the conflict of interest policies
developed by the commissioner of administration under section 16B.98, subdivision 3,
unless the entity maintains and applies its own documented conflict of interest policies
which are substantially similar to the commissioner of administration's policies;

(3) actual measured outcomes and evaluation of projects as required under sections
85.53, subdivision 2; 114D.50, subdivision 4; and 129D.17, subdivision 2;

(4) education about the areas and issues the projects address, including, when
feasible, maps of where projects have been undertaken;

(5) all frameworks developed for future uses of each fund; and

(6) methods by which members of the public may apply for project funds under
any of the constitutionally dedicated funds.

Information that could be used to identify, contact, or locate an individual minor
shall be withheld from the information required for the Web site.

(b) As soon as practicable or by January 15 of the applicable fiscal year, whichever
comes first, a state agency or other recipient of a direct appropriation from a fund covered
under this section shall submit the information required under paragraph (a) and, when
applicable, compile and submit the same information for any grant recipient or other
subrecipient of funding. All information for proposed and funded projects, including
the proposed measurable outcomes, must be made available on the Web site as soon
as practicable. Information on the measured outcomes and evaluation must be posted
as soon as it becomes available. The costs of these activities shall be paid out of the
arts and cultural heritage fund, outdoor heritage fund, clean water fund, parks and
trails fund, and the environment and natural resources trust fund proportionately. For
purposes of this section, "measurable outcomes" means outcomes, indicators, or other
performance measures that may be quantified or otherwise measured in order to measure
the effectiveness of a project or program in meeting its intended goal or purpose.

new text begin If, in addition to providing the information directly to the Web site, an agency
submits a formal report to the Legislative Coordinating Commission, the report must be
submitted electronically.
new text end

(c) The Legislative Coordinating Commission shall be responsible for receiving all
ten-year plans and 25-year frameworks for each of the constitutionally dedicated funds. To
the extent practicable, staff for the commission shall provide assistance and oversight to
these planning efforts and shall coordinate public access to hearings and public meetings
for all planning efforts.

Sec. 6.

Minnesota Statutes 2015 Supplement, section 15.0145, subdivision 4, is
amended to read:

Subd. 4.

Training; executive committee; meetings; support.

(a) A member
appointed by the governor must attend orientation training within the first six months of
service for deleted text begin each deleted text end new text begin the member's initial new text end term. The commissioner of administration must
arrange for the training to include but not be limited to the legislative process, government
data practices, open meeting law, Robert's Rules of Order, fiscal management, and human
resources. The governor must remove a member who does not complete the training.

(b) Each council shall annually elect from among the members appointed by the
governor a chair and other officers it deems necessary. These officers and one legislative
member selected by the council shall serve as the executive committee of the council.

(c) Forty percent of voting members of a council constitutes a quorum. A quorum is
required to conduct council business. A council member may not vote on any action if the
member has a conflict of interest under section 10A.07.

(d) Each council shall receive administrative support from the commissioner of
administration under section 16B.371. The council may contract in its own name but may
not accept or receive a loan or incur indebtedness except as otherwise provided by law.
Contracts must be approved by a majority of the members of the council and executed by
the chair and the executive director. The council may apply for, receive, and expend in
its own name grants and gifts of money consistent with the powers and duties specified
in this section.

(e) The attorney general shall provide legal services to the councils on behalf of the
state on all matters relating to the councils, including matters relating to the state as the
employer of the executive directors of the council, and other council staff.

Sec. 7.

Minnesota Statutes 2015 Supplement, section 15.0145, subdivision 5, is
amended to read:

Subd. 5.

Executive director; staff.

(a) The Legislative Coordinating Commission
must appoint an executive director for each council. The executive director must be
experienced in administrative activities and familiar with the challenges and needs of
the ethnic council's larger community. The executive director serves in the unclassified
service at the pleasure of the Legislative Coordinating Commission.

(b) The Legislative Coordinating Commission must establish a process for recruiting
and selecting applicants for the executive director positions. This process must include
consultation and collaboration with the applicable council.

(c) The executive director and applicable council members must work together in
fulfilling council duties. The executive director must consult with the deleted text begin commissioners deleted text end new text begin
commissioner new text end of administration deleted text begin and management and budget deleted text end to ensure appropriate
financial, purchasing, human resources, and other services for operation of the council.

new text begin (d) Once appointed, each council is responsible for supervising the work of its
director. The council chair must report to the chair of the Legislative Coordinating
Commission regarding the performance of the executive director, including any
recommendations regarding disciplinary actions. new text end The executive director must appoint
and supervise the work of other staff necessary to carry out the duties of the council.
new text begin The executive director must consult with the council chair prior to taking the following
disciplinary actions with council staff: written reprimand, suspension, demotion, or
discharge. new text end The executive director and other council staff are executive branch employees.

new text begin (e) The executive director must submit the council's biennial budget request to the
commissioner of management and budget as provided under chapter 16A.
new text end

Sec. 8.

Minnesota Statutes 2015 Supplement, section 15.0145, subdivision 8, is
amended to read:

Subd. 8.

Reports.

A council must report on the measurable outcomes achieved in
the council's current strategic plan to meet its statutory duties, along with the specific
objectives and outcome measures proposed for the following year. The council must
submit the report by January 15 each year to the chairs of the committees in the house of
representatives and the senate with primary jurisdiction over state government operations.
Each report must cover the calendar year of the year before the report is submitted. The
specific objectives and outcome measures for the following current year must focus on
three or four achievable objectives, action steps, and measurable outcomes for which the
council will be held accountable. The strategic plan may include other items that support
the statutory purposes of the council but should not distract from the primary statutory
proposals presented. The deleted text begin funding request deleted text end new text begin biennial budget new text end of each council deleted text begin , after approval
by deleted text end new text begin must be submitted to new text end the Legislative Coordinating Commission deleted text begin , must also be presented deleted text end
by February 1 in each odd-numbered year.