2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; programs administered by 1.3 the department of administration; modifying privacy 1.4 provisions; extending the expiration date of certain 1.5 advisory councils; extending the term of the 1.6 shared-savings program for energy conservation in 1.7 state-owned buildings; authorizing Indian tribal 1.8 governments to be served by the state information 1.9 infrastructure; adding political subdivisions to the 1.10 state risk management program; repealing the parking 1.11 surcharge for vehicles occupied by one person; 1.12 canceling the conveyance of surplus land to Sauk 1.13 Centre; amending Minnesota Statutes 2000, sections 1.14 13.64; 16B.055, by adding a subdivision; 16B.27, 1.15 subdivision 3; 16B.32, subdivision 2; 16B.465, 1.16 subdivision 1a; 16B.76, subdivision 1; 16B.85, 1.17 subdivisions 2 and 3; and 16C.17, subdivision 2; 1.18 repealing Minnesota Statutes 2000, section 16B.58, 1.19 subdivision 7; Laws 2000, chapter 326. 1.20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.21 Section 1. Minnesota Statutes 2000, section 13.64, is 1.22 amended to read: 1.23 13.64 [DEPARTMENT OF ADMINISTRATION DATA.] 1.24 (a) Notes and preliminary drafts of reports created, 1.25 collected, or maintained by the management analysis division, 1.26 department of administration, and prepared during management 1.27 studies, audits, reviews, consultations, or investigations are 1.28 classified as confidential or protected nonpublic data until the 1.29 final report has been published or preparation of the report is 1.30 no longer being actively pursued. 1.31 (b) Data that support the conclusions of the report and 1.32 that the commissioner of administration reasonably believes will 2.1 result in litigation are confidential or protected nonpublic 2.2 until the litigation has been completed or until the litigation 2.3 is no longer being actively pursued. 2.4 (c) Data on individuals that could reasonably be used to 2.5 determine the identity of an individual supplying data for a 2.6 report are private if
(a): 2.7 (1) the data supplied by the individual were needed for a 2.8 report; and 2.9 (b)(2) the data would not have been provided to the 2.10 management analysis division without an assurance to the 2.11 individual that the individual's identity would remain private, 2.12 or the management analysis division reasonably believes that the 2.13 individual would not have provided the data. 2.14 Sec. 2. Minnesota Statutes 2000, section 16B.055, is 2.15 amended by adding a subdivision to read: 2.16 Subd. 3. [EXPIRATION.] Notwithstanding section 15.059, the 2.17 council expires June 30, 2003. 2.18 Sec. 3. Minnesota Statutes 2000, section 16B.27, 2.19 subdivision 3, is amended to read: 2.20 Subd. 3. [COUNCIL.] The governor's residence council 2.21 consists of the following 19 members: the commissioner; the 2.22 spouse, or a designee of the governor; the executive director of 2.23 the Minnesota state arts board; the director of the Minnesota 2.24 historical society; a member of the senate appointed pursuant to 2.25 the rules of the senate; a member of the house of 2.26 representatives appointed pursuant to the rules of the house of 2.27 representatives; 13 persons appointed by the governor including 2.28 one in the field of higher education, one member of the American 2.29 Society of Interior Designers, Minnesota Chapter, one member of 2.30 the American Institute of Architects, Minnesota chapter, one 2.31 member of the American Society of Landscape Architects, 2.32 Minnesota Chapter, one member of the family that donated the 2.33 governor's residence to the state, if available, and eight 2.34 public members with four public members' terms being coterminous 2.35 with the governor who appoints them. Members of the council 2.36 serve without compensation. Membership terms, removal, and 3.1 filling of vacancies for members appointed by the governor are 3.2 governed by section 15.0575. The council shall elect a chair 3.3 and a secretary from among its members. The council expires on 3.4 June 30, 20012003. 3.5 Sec. 4. Minnesota Statutes 2000, section 16B.32, 3.6 subdivision 2, is amended to read: 3.7 Subd. 2. [ENERGY CONSERVATION GOALS; EFFICIENCY PROGRAM.] 3.8 (a) The commissioner of administration in consultation with the 3.9 department of public service, in cooperation with one or more 3.10 public utilities or comprehensive energy services providers, may 3.11 conduct a shared-savings program involving energy conservation 3.12 expenditures on state-owned buildings. The public utility or 3.13 energy services provider shall contract with appropriate state 3.14 agencies to implement energy efficiency improvements in the 3.15 selected buildings. A contract must require the public utility 3.16 or energy services provider to include all energy efficiency 3.17 improvements in selected buildings that are calculated to 3.18 achieve a cost payback within ten years. The contract must 3.19 require that the public utility or energy services provider be 3.20 repaid solely from energy cost savings and only to the extent of 3.21 energy cost savings. Repayments must be interest-free. The 3.22 goal of the program in this paragraph is to demonstrate that 3.23 through effective energy conservation the total energy 3.24 consumption per square foot of state-owned and wholly 3.25 state-leased buildings could be reduced by at least 25 percent 3.26 from consumption in the base year of 1990. All agencies 3.27 participating in the program must report to the commissioner of 3.28 administration their monthly energy usage, building schedules, 3.29 inventory of energy-consuming equipment, and other information 3.30 as needed by the commissioner to manage and evaluate the program. 3.31 (b) The commissioner may exclude from the program of 3.32 paragraph (a) a building in which energy conservation measures 3.33 are carried out. "Energy conservation measures" means measures 3.34 that are applied to a state building that improve energy 3.35 efficiency and have a simple return of investment in ten years 3.36 or within the remaining period of a lease, whichever time is 4.1 shorter, and involves energy conservation, conservation 4.2 facilities, renewable energy sources, improvements in operations 4.3 and maintenance efficiencies, or retrofit activities. 4.4 (c) This subdivision expires January 1, 20012006. 4.5 Sec. 5. Minnesota Statutes 2000, section 16B.465, 4.6 subdivision 1a, is amended to read: 4.7 Subd. 1a. [CREATION.] Except as provided in subdivision 4, 4.8 the commissioner, through the state information infrastructure, 4.9 shall arrange for the provision of voice, data, video, and other 4.10 telecommunications transmission services to state agencies. The 4.11 state information infrastructure may also serve educational 4.12 institutions, including public schools as defined in section 4.13 120A.05, subdivisions 9, 11, 13, and 17, nonpublic, church or 4.14 religious organization schools that provide instruction in 4.15 compliance with sections 120A.22, 120A.24, and 120A.41, and 4.16 private colleges; public corporations; Indian tribal 4.17 governments; and state political subdivisions. It is not a 4.18 telephone company for purposes of chapter 237. The commissioner 4.19 may purchase, own, or lease any telecommunications network 4.20 facilities or equipment after first seeking bids or proposals 4.21 and having determined that the private sector cannot, will not, 4.22 or is unable to provide these services, facilities, or equipment 4.23 as bid or proposed in a reasonable or timely fashion consistent 4.24 with policy set forth in this section. The commissioner shall 4.25 not resell or sublease any services or facilities to nonpublic 4.26 entities except to serve private schools and colleges. The 4.27 commissioner has the responsibility for planning, development, 4.28 and operations of the state information infrastructure in order 4.29 to provide cost-effective telecommunications transmission 4.30 services to state information infrastructure users consistent 4.31 with the policy set forth in this section. 4.32 Sec. 6. Minnesota Statutes 2000, section 16B.76, 4.33 subdivision 1, is amended to read: 4.34 Subdivision 1. [MEMBERSHIP.] (a) The construction codes 4.35 advisory council consists of the following members: 4.36 (1) the commissioner of administration or the 5.1 commissioner's designee representing the department's building 5.2 codes and standards division; 5.3 (2) the commissioner of health or the commissioner's 5.4 designee representing an environmental health section of the 5.5 department; 5.6 (3) the commissioner of public safety or the commissioner's 5.7 designee representing the department's state fire marshal 5.8 division; 5.9 (4) the commissioner of public servicecommerce or the 5.10 commissioner's designee representing the department's energy 5.11 regulation and resource management division; and 5.12 (5) one member representing each of the following 5.13 occupations or entities, appointed by the commissioner of 5.14 administration: 5.15 (i) a certified building official; 5.16 (ii) a fire service representative; 5.17 (iii) a licensed architect; 5.18 (iv) a licensed engineer; 5.19 (v) a building owners and managers representative; 5.20 (vi) a licensed residential building contractor; 5.21 (vii) a commercial building contractor; 5.22 (viii) a heating and ventilation contractor; 5.23 (ix) a plumbing contractor; 5.24 (x) a representative of a construction and building trades 5.25 union; and 5.26 (xi) a local unit of government representative. 5.27 (b) For members who are not state officials or employees, 5.28 terms, compensation, removal, and the filling of vacancies are 5.29 governed by section 15.059. The council shall select one of its 5.30 members to serve as chair. 5.31 (c) The council expires June 30, 20012003. 5.32 Sec. 7. Minnesota Statutes 2000, section 16B.85, 5.33 subdivision 2, is amended to read: 5.34 Subd. 2. [RISK MANAGEMENT FUND.] (a) All state 5.35 agencies, political subdivisions, and the Minnesota state 5.36 colleges and universities, may, in cooperation with the 6.1 commissioner, participate in insurance programs and other 6.2 funding alternative programs provided by the risk management 6.3 fund. 6.4 (b) When an agency or agencies enterentity described in 6.5 paragraph (a) enters into an insurance or self-insurance 6.6 program, each agencyentity shall contribute the appropriate 6.7 share of its costs as determined by the commissioner. 6.8 (c) The money in the fund to pay claims arising from state 6.9 activities and for administrative costs, including costs for the 6.10 adjustment and defense of the claims, is appropriated to the 6.11 commissioner. 6.12 (d) Interest earned from the investment of money in the 6.13 fund shall be credited to the fund and be available to the 6.14 commissioner for the expenditures authorized in this subdivision. 6.15 (e) The fund is exempt from the provisions of section 6.16 16A.152, subdivision 4. In the event that proceeds in the fund 6.17 are insufficient to pay outstanding claims and associated 6.18 administrative costs, the commissioner, in consultation with the 6.19 commissioner of finance, may assess state agenciesentities 6.20 participating in the fund amounts sufficient to pay the costs. 6.21 The commissioner shall determine the proportionate share of the 6.22 assessment of each agencyentity. 6.23 Sec. 8. Minnesota Statutes 2000, section 16B.85, 6.24 subdivision 3, is amended to read: 6.25 Subd. 3. [RESPONSIBILITIES.] The commissioner shall: 6.26 (1) review the state's exposure to various types of 6.27 potential risks in consultation with affected agenciesentities 6.28 and advise state agenciesthem as to the reduction of risk and 6.29 fiscal management of those losses; 6.30 (2) be responsible for statewide risk management 6.31 coordination, evaluation of funding and insuring alternatives, 6.32 and the approval of all insurance purchases in consultation with 6.33 affected agenciesentities; 6.34 (3) identify ways to eliminate redundant efforts in the 6.35 management of state risk management and insurance programs; 6.36 (4) maintain the state risk management information system; 7.1 and 7.2 (5) administer and maintain the state risk management fund. 7.3 Sec. 9. Minnesota Statutes 2000, section 16C.17, 7.4 subdivision 2, is amended to read: 7.5 Subd. 2. [ADVISORY COUNCIL.] The small business 7.6 procurement advisory council consists of 13 members appointed by 7.7 the commissioner of administration. A chair of the advisory 7.8 council shall be elected from among the members. The 7.9 appointments are subject to the appointments program provided by 7.10 section 15.0597. The terms, compensation, and removal of 7.11 members are as provided in section 15.059. Notwithstanding 7.12 section 15.059, the council expires June 30, 2003. 7.13 Sec. 10. [REPEALER.] 7.14 Minnesota Statutes 2000, section 16B.58, subdivision 7; and 7.15 Laws 2000, chapter 326, are repealed. 7.16 Sec. 11. [EFFECTIVE DATE.] 7.17 Section 4 is effective retroactively to January 1, 2001. 7.18 Sections 3, 6, and 9 are effective June 30, 2001.