3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the organization and operation of state 1.3 government; appropriating money for the general 1.4 administrative expenses of state government; modifying 1.5 provisions relating to state government operations; 1.6 modifying budget preparation provisions; modifying 1.7 agency reporting; providing for certain reimbursement 1.8 of the health care access fund; modifying the Debt 1.9 Collection Act; requiring free Internet access to 1.10 certain state publications; creating the construction 1.11 codes advisory council and the livestock industry 1.12 environmental steering committee; providing for 1.13 consumer education on telemarketing fraud; modifying 1.14 lottery provisions; creating a settlement division in 1.15 the office of administrative hearings; transferring 1.16 the small claims court; amending Minnesota Statutes 1.17 1996, sections 3.3005, subdivision 2, and by adding a 1.18 subdivision; 4.07, subdivision 3; 14.04; 14.46, 1.19 subdivision 4; 15.91, subdivision 2; 16A.055, 1.20 subdivision 6; 16A.10, as amended; 16A.11, subdivision 1.21 3; 16A.72; 16B.04, subdivision 4; 16D.02, subdivision 1.22 3; 16D.04, subdivisions 1 and 4; 16D.06, subdivision 1.23 2; 16D.08, subdivision 2; 16D.11, as amended; 16D.14, 1.24 subdivisions 2, 3, and 5; 16D.16; 17.03, subdivision 1.25 11; 43A.04, subdivision 1a; 43A.17, subdivision 8; 1.26 43A.317, subdivision 8; 45.012; 84.027, subdivision 1.27 14; 116.03, subdivision 2a; 116J.011; 144.05, 1.28 subdivision 2; 174.02, subdivision 1a; 175.001, 1.29 subdivision 6; 190.09, subdivision 2; 196.05, 1.30 subdivision 2; 216A.07, subdivision 6; 268.0122, 1.31 subdivision 6; 270.02, subdivision 3a; 299A.01, 1.32 subdivision 1a; 349A.06, by adding a subdivision; 1.33 349A.10, subdivision 3; 349A.11; 352D.12; 357.022; 1.34 363.05, subdivision 3; and 469.177, subdivision 11; 1.35 Minnesota Statutes 1997 Supplement, sections 16A.103, 1.36 subdivision 1; 16A.11, subdivision 1; 16E.01, 1.37 subdivision 3; 16E.03, subdivisions 1, 3, 4, and 5; 1.38 16E.07, subdivision 3; 43A.30, subdivision 5; 1.39 120.0111; 241.01, subdivision 3b; 245.03, subdivision 1.40 2; 270.063, subdivision 1; 357.021, subdivision 1a; 1.41 and 394.232, subdivision 5; proposing coding for new 1.42 law in Minnesota Statutes, chapters 16B; 16D; 325G; 1.43 and 349A; repealing Minnesota Statutes 1996, section 1.44 3.971, subdivision 3; Minnesota Statutes 1997 1.45 Supplement, sections 16A.11, subdivisions 3b and 3c; 1.46 and 241.015. 2.1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.2 Section 1. [STATE GOVERNMENT APPROPRIATIONS.] 2.3 The sums in the columns headed "APPROPRIATIONS" are 2.4 appropriated from the general fund, or another named fund, to 2.5 the agencies and for the purposes specified to be available for 2.6 the fiscal years indicated for each purpose. 2.7 SUMMARY BY FUND 2.8 1998 1999 2.9 General $ 1,965,000 $ 31,058,000 2.10 Special Revenue -0- 15,000 2.11 Natural Resources -0- 25,000 2.12 Game and Fish -0- 33,000 2.13 Trunk Highway -0- 55,000 2.14 Lottery Prize -0- 750,000 2.15 APPROPRIATIONS 2.16 Available for the Year 2.17 Ending June 30 2.18 1998 1999 2.19 Sec. 2. LEGISLATURE 25,000 2.20 This appropriation is to the 2.21 legislative coordinating commission for 2.22 a grant to the Council of State 2.23 Governments to organize and fund a 2.24 series of meetings between members of 2.25 the Minnesota legislature and members 2.26 of the Manitoba and Ontario 2.27 parliaments. Approximately six members 2.28 of each body may attend the meetings. 2.29 Meetings may involve all three bodies 2.30 or the legislature and one of the 2.31 parliaments. The meetings shall be at 2.32 the capital cities of the state or of 2.33 the provinces. 2.34 Sec. 3. ATTORNEY GENERAL -0- 24,100,000 2.35 $23,000,000 is for overall core 2.36 functions. 2.37 $250,000 is for assistance to counties 2.38 for felony prosecutions, implied 2.39 consent hearings, community 2.40 notification of sex offenders, and 2.41 commitment of sexually dangerous 2.42 persons. 2.43 $250,000 is for gaming enforcement. 2.44 $500,000 is for legal services to state 2.45 agencies. 2.46 $100,000 is to educate citizens with 2.47 respect to telemarketing fraud, as 2.48 provided in new Minnesota Statutes, 2.49 section 325G.53. 3.1 The commissioner of finance and the 3.2 attorney general shall convene a joint 3.3 executive-legislative task force to 3.4 evaluate: 3.5 (1) the availability of legal services 3.6 from the attorney general's office 3.7 necessary to meet the needs of state 3.8 government; 3.9 (2) the adequacy and suitability of the 3.10 current mechanism for funding legal 3.11 services; 3.12 (3) the appropriateness of billing 3.13 rates to cover the cost of legal 3.14 services; and 3.15 (4) the appropriateness of the current 3.16 process for setting billing rates. 3.17 In addition to representatives of the 3.18 commissioner and the attorney general, 3.19 the task force must include 3.20 representatives of partner and 3.21 nonpartner agencies receiving services 3.22 from the office of the attorney 3.23 general, legislative fiscal staff 3.24 representing committees responsible for 3.25 funding the office of the attorney 3.26 general, and the office of the 3.27 legislative auditor. 3.28 By November 15, 1998, the task force 3.29 shall report the progress and status of 3.30 its evaluation to the committees 3.31 responsible for funding the office of 3.32 the attorney general. By January 15, 3.33 1999, the task force shall make a final 3.34 report to the committees responsible 3.35 for funding the office of the attorney 3.36 general. The final report shall 3.37 identify proposed improvements in the 3.38 current funding system and make 3.39 recommendations to improve the 3.40 availability of legal services, the 3.41 funding of services, and the 3.42 accountability of legal costs by all 3.43 parties. 3.44 Sec. 4. SECRETARY OF STATE -0- 100,000 3.45 This appropriation is to make necessary 3.46 changes to the statewide voter 3.47 registration system to facilitate 3.48 reassignment of voters to the correct 3.49 precinct and election districts 3.50 following legislative redistricting in 3.51 2002. This appropriation is available 3.52 until June 30, 2000. 3.53 Sec. 5. OFFICE OF STRATEGIC AND 3.54 LONG-RANGE PLANNING 1,215,000 85,000 3.55 $15,000 is appropriated in fiscal year 3.56 1998 and $65,000 is appropriated in 3.57 fiscal year 1999 for census-related 3.58 activities. 3.59 $1,200,000 in fiscal year 1998 is for 3.60 purposes of section 86. This 4.1 appropriation is available until June 4.2 30, 1999. 4.3 $20,000 in fiscal year 1999 is for a 4.4 grant to the southwest regional 4.5 development commission in region 8 to 4.6 assist local units of government with 4.7 the preparation of local land use plans. 4.8 Sec. 6. DEPARTMENT OF 4.9 ADMINISTRATION -0- 4,900,000 4.10 $4,371,000 is appropriated in fiscal 4.11 year 1999 for modifications of state 4.12 business systems to address year 2000 4.13 changes. This appropriation is added 4.14 to the appropriation for technology 4.15 management in Laws 1997, chapter 202, 4.16 article 1, section 12, subdivision 7. 4.17 $150,000 is appropriated in fiscal year 4.18 1999 for the office of citizenship and 4.19 volunteer services for coordinating the 4.20 Minnesota alliance with youth 4.21 initiative. 4.22 $315,000 in fiscal year 1999 is for a 4.23 grant to Pioneer Public Television for 4.24 the construction of a noncommercial 4.25 television translator tower. The 4.26 construction of this tower will 4.27 primarily enable the residents of Otter 4.28 Tail county to receive this 4.29 noncommercial television signal. 4.30 Before state funds are released for 4.31 this project, a license to operate this 4.32 facility must be granted by the Federal 4.33 Communications Commission. In order to 4.34 qualify for this grant, Pioneer Public 4.35 Television must provide a match which 4.36 equals at least 25 percent of the total 4.37 project costs from nonstate government 4.38 sources. 4.39 $20,000 is for a portrait of Governor 4.40 Carlson. 4.41 $44,000 is for costs associated with 4.42 making the State Register and the 4.43 guidebook to state agency services 4.44 available on the Internet. The 4.45 management analysis division of the 4.46 department of administration must 4.47 analyze the financial impacts of making 4.48 the State Register and the guidebook to 4.49 state agency services available on the 4.50 Internet on the department's bookstore 4.51 operation. The division must report 4.52 its preliminary findings to the chairs 4.53 of the house and senate governmental 4.54 operations budget and finance divisions 4.55 by January 15, 1999. A complete 4.56 analysis of fiscal impacts must be 4.57 submitted to these chairs by January 4.58 15, 2000. 4.59 Sec. 7. DEPARTMENT OF EMPLOYEE 4.60 RELATIONS 750,000 -0- 4.61 For transfer to the insurance trust 4.62 fund under Minnesota Statutes, section 5.1 43A.316, subdivision 9, for the 5.2 purposes stated in that subdivision. 5.3 The commissioner of employee relations 5.4 shall study and report to the 5.5 legislature by August 1, 1999, to: (1) 5.6 determine what temporary state jobs 5.7 occupied by disabled individuals are 5.8 filled by able-bodied individuals when 5.9 the jobs become permanent; (2) examine 5.10 whether state agencies are in 5.11 compliance with state and federal law 5.12 in hiring qualified disabled 5.13 individuals; and (3) recommend any 5.14 assistance state agencies may need to 5.15 comply with applicable laws. 5.16 Sec. 8. REVENUE 731,000 5.17 This appropriation is added to the 5.18 appropriation in Laws 1997, chapter 5.19 202, article 1, section 17, subdivision 5.20 8, and must be used for information 5.21 systems and to expand the Minnesota 5.22 collection enterprise office staff in 5.23 Ely. The legislature estimates that 5.24 this appropriation will result in 5.25 increased revenue to the general fund 5.26 of $1,000,000 in fiscal year 1999. 5.27 Sec. 9. AMATEUR SPORTS COMMISSION 100,000 5.28 For a grant to the United States 5.29 Olympic Committee's Minnesota Olympic 5.30 development program to fund development 5.31 of a statewide winter sports program 5.32 for females and at-risk youth. 5.33 Sec. 10. INSURANCE PREMIUM 5.34 SUPPLEMENT -0- 435,000 5.35 SUMMARY BY FUND 5.36 General -0- 307,000 5.37 Water Recreation -0- 23,000 5.38 Snowmobile Trails and 5.39 Enforcement -0- 2,000 5.40 Special Revenue -0- 15,000 5.41 Game and Fish -0- 33,000 5.42 Trunk Highway -0- 55,000 5.43 The amounts appropriated are to the 5.44 commissioner of finance for the second 5.45 year of the biennium for transfer to 5.46 agencies affected by cost increases due 5.47 to the extension of eligibility for 5.48 employer-paid premiums for health, 5.49 dental, and life insurance to part-time 5.50 seasonal employees as provided in 5.51 collective bargaining agreements for 5.52 the current biennium. 5.53 The schedule provided in the 1998 5.54 supplemental budget recommendation 5.55 detail page supporting the governor's 5.56 request for these appropriations must 6.1 be applied when determining base-level 6.2 funding of affected agencies for the 6.3 biennium ending June 30, 2001. 6.4 Sec. 11. PUBLIC EMPLOYEES 6.5 RETIREMENT ASSOCIATION -0- 10,000 6.6 This appropriation is the state's share 6.7 of the contribution necessary to fund 6.8 the special surviving spouse benefit 6.9 authorized by H.F. No. 2970, article 2, 6.10 if enacted. The amount is payable to 6.11 the public employees retirement 6.12 association within 30 days following 6.13 the receipt by that association of the 6.14 contribution by the city of St. Paul 6.15 under H.F. No. 2970, article 2, if 6.16 enacted. 6.17 Sec. 12. MINNESOTA STATE 6.18 RETIREMENT SYSTEM 700,000 6.19 This appropriation may be expended 6.20 solely to make the transfer of prior 6.21 service contributions as permitted 6.22 under Minnesota Statutes, section 6.23 352D.12, as amended by this act. 6.24 Sec. 13. HUMAN SERVICES 750,000 6.25 From the Minnesota lottery prize fund 6.26 to be used for Project Turnabout in 6.27 Granite Falls. This appropriation 6.28 shall not become part of the base 6.29 appropriation for the 2000-2001 6.30 biennium. 6.31 Other than the appropriation in this 6.32 act, or in Laws 1997, chapter 202, no 6.33 more than $340,000 may be appropriated 6.34 for fiscal year 1999 from the lottery 6.35 prize fund or the lottery operations 6.36 account for compulsive gambling 6.37 treatment or education. This provision 6.38 supersedes any other provision enacted 6.39 in 1998, whether enacted before or 6.40 after this provision. 6.41 Sec. 14. Minnesota Statutes 1996, section 3.3005, 6.42 subdivision 2, is amended to read: 6.43 Subd. 2. A state agency shall not expend money received by 6.44 it under federal law for any purpose unless a request to spend 6.45 federal money from that source for that purpose in that fiscal 6.46 year has been submitted by the governor to the legislature as a 6.47 part of a budget request submitted during or within ten days 6.48 before the start of a regular legislative session, or unless 6.49 specifically authorized by law or as provided by this section. 6.50 Sec. 15. Minnesota Statutes 1996, section 3.3005, is 6.51 amended by adding a subdivision to read: 6.52 Subd. 2a. [REVIEW OF FEDERAL FUNDS SPENDING 7.1 REQUEST.] Twenty days after a governor's budget request that 7.2 includes a request to spend federal money is submitted to the 7.3 legislature under subdivision 2, a state agency may expend money 7.4 included in that request unless, within the 20-day period, a 7.5 member of the legislative advisory commission requests further 7.6 review. If a legislative advisory commission member requests 7.7 further review of a federal funds spending request, the agency 7.8 may not expend the federal funds until the request has been 7.9 satisfied and withdrawn, the expenditure is approved in law, or 7.10 the regular session of the legislature is adjourned for the year. 7.11 Sec. 16. Minnesota Statutes 1996, section 4.07, 7.12 subdivision 3, is amended to read: 7.13 Subd. 3. [FEDERAL AND STATE LAW; APPROPRIATION OF FUNDS.] 7.14 The governor or any state department or agency designated by the 7.15 governor shall comply with any and all requirements of federal 7.16 law and any rules and regulations promulgated thereunder to 7.17 enable the application for, the receipt of, and the acceptance 7.18 of such federal funds. The expenditure of any such funds 7.19 received shall be governed by the laws of the state except 7.20 insofar as federal requirements may otherwise provide. All such 7.21 money received by the governor or any state department or agency 7.22 designated by the governor for such purpose shall be deposited 7.23 in the state treasury and, subject to section 3.3005, are hereby 7.24 appropriated annually in order to enable the governor or the 7.25 state department or agency designated by the governor for such 7.26 purpose to carry out the purposes for which the funds are 7.27 received. None of such federal money so deposited in the state 7.28 treasury shall cancel and they shall be available for 7.29 expenditure in accordance with the requirements of federal law. 7.30 Sec. 17. Minnesota Statutes 1996, section 14.04, is 7.31 amended to read: 7.32 14.04 [AGENCY ORGANIZATION; GUIDEBOOK.] 7.33 To assist interested persons dealing with it, each agency 7.34shallmust, in a manner prescribed by the commissioner of 7.35 administration, prepare a description of its organization, 7.36 stating the general course and method of its operations and 8.1 where and how the public may obtain information or make 8.2 submissions or requests. The commissioner of administration 8.3shallmust publish these descriptions at least once every four 8.4 years commencing in 1981 in a guidebook of state agencies. 8.5 Notice of the publication of the guidebookshallmust be 8.6 published in the State Register and given in newsletters, 8.7 newspapers, or other publications, or through other means of 8.8 communication. The commissioner must make an electronic version 8.9 of the guidebook available on the Internet free of charge 8.10 through the North Star information service. 8.11 Sec. 18. Minnesota Statutes 1996, section 14.46, 8.12 subdivision 4, is amended to read: 8.13 Subd. 4. [COST; DISTRIBUTION.] When an agency properly 8.14 submits a rule, proposed rule, notice, or other material to the 8.15 commissioner of administration, the commissionershallmust then 8.16 be accountable for the publication of the same in the State 8.17 Register. The commissioner of administrationshallmust require 8.18 each agency which requests the publication of rules, proposed 8.19 rules, notices, or other material in the State Register to pay 8.20 its proportionate cost of the State Register unless other funds 8.21 are provided and are sufficient to cover the cost of the State 8.22 Register. 8.23 The State Registershallmust be offered for public sale at 8.24 a location centrally located as determined by the commissioner 8.25 of administration and at a price as the commissioner of 8.26 administrationshall determinedetermines. The commissioner of 8.27 administrationshallmust further provide for the mailing of the 8.28 State Register to any person, agency, or organization if so 8.29 requested, provided that reasonable costs are borne by the 8.30 requesting party. The supply and expense appropriation to any 8.31 state agency is deemed to include funds to purchase the State 8.32 Register. Ten copies of each issue of the State Register, 8.33 however,shallmust be provided without cost to the legislative 8.34 reference library and ten copies to the state law library. One 8.35 copyshallmust be provided without cost to a public library in 8.36 each county seat in the state or, if there is no public library 9.1 in a county seat, to a public library in the county as 9.2 designated by the county board. The commissionershallmust 9.3 advise the recipient libraries of the significance and content 9.4 of the State Register andshallencourage efforts to promote its 9.5 usage. 9.6 The commissioner must make an electronic version of the 9.7 State Register available on the Internet free of charge through 9.8 the North Star information service. 9.9 Sec. 19. Minnesota Statutes 1996, section 15.91, 9.10 subdivision 2, is amended to read: 9.11 Subd. 2. [PERFORMANCE REPORTS.] ByNovember 30January 2 9.12 of eacheven-numberedodd-numbered year, each agency shall issue 9.13 a performance report that includes the following: 9.14 (1) the agency's mission; 9.15 (2) the most important goals and objectivesfor each major9.16program for which the agency will request funding in its next9.17biennial budget;9.18(3) identification of the populations served by the9.19programsthat support the agency's mission; and 9.20(4) workload, efficiency, output, and outcome9.21 (3) the most important measures foreach programgoals and 9.22 objectives listed in the report, with data showingeach9.23programs'actual performance relative to these measuresfor the9.24previous four fiscal years and the performance the agency9.25projects it will achieve during the next two fiscal years with9.26the level of funding it has requested. 9.27If it would enhance an understanding of its mission,9.28programs, and performance, the agency shall include in its9.29report information that describes the broader economic, social,9.30and physical environment in which the agency's programs are9.31administered.9.32 Each agency shall send a copy of its performance report to 9.33 the speaker of the house, president of the senate, legislative 9.34 auditor, and legislative reference library, and provide a copy 9.35 to others upon request. 9.36 The commissioner of finance shall ensure that performance 10.1 reports are complete, succinct, accurate, and reliable and 10.2 compiled in such a way that they are useful to the public, 10.3 legislators, and managers in state government.To maintain a10.4computerized performance data system, the commissioner of10.5finance may require agencies to provide performance data10.6annually.10.7 The legislative auditor shall periodically review and 10.8 comment on selected performance reportsas provided for by10.9section 3.971, subdivision 3. 10.10 Sec. 20. Minnesota Statutes 1996, section 16A.055, 10.11 subdivision 6, is amended to read: 10.12 Subd. 6. [MISSION; EFFICIENCY.] It is part of the 10.13 department's mission that within the department's resources the 10.14 commissioner shall endeavor to: 10.15 (1) prevent the waste or unnecessary spending of public 10.16 money; 10.17 (2) use innovative fiscal and human resource practices to 10.18 manage the state's resources and operate the department as 10.19 efficiently as possible; 10.20 (3) coordinate the department's activities wherever 10.21 appropriate with the activities of other governmental agencies; 10.22 (4) use technology where appropriate to increase agency 10.23 productivity, improve customer service, increase public access 10.24 to information about government, and increase public 10.25 participation in the business of government; 10.26 (5) utilize constructive and cooperative labor-management 10.27 practices to the extent otherwise required by chapters 43A and 10.28 179A; 10.29 (6)include specific objectives inreport to the 10.30 legislature on the performancereport required under section10.3115.91 to increase the efficiencyof agency operations, when10.32appropriateand the accomplishment of agency goals in the 10.33 agency's biennial budget according to section 16A.10, 10.34 subdivision 1; and 10.35 (7) recommend to the legislature, in the performance report10.36of the department required under section 15.91,appropriate 11.1 changes in law necessary to carry out the mission and improve 11.2 the performance of the department. 11.3 Sec. 21. Minnesota Statutes 1996, section 16A.10, as 11.4 amended by Laws 1997, chapter 202, article 2, section 12, is 11.5 amended to read: 11.6 16A.10 [BUDGET PREPARATION.] 11.7 Subdivision 1. [BUDGET FORMAT.] In each even-numbered 11.8 calendar year the commissioner shall prepare budget forms and 11.9 instructions for all agencies, including guidelines for 11.10 reporting agency performance measures, subject to the approval 11.11 of the governor. The commissioner shall request and receive 11.12 advisory recommendations from the chairs of the senate finance 11.13 committee and house of representatives ways and means committee 11.14 before adopting a format for the biennial budget document. By 11.15 June 15, the commissioner shall send the proposed budget forms 11.16 to the appropriations and finance committees. The committees 11.17 have until July 15 to give the commissioner their advisory 11.18 recommendations on possible improvements. To facilitate this 11.19 consultation, the commissioner shall establish a working group 11.20 consisting of executive branch staff and designees of the chairs 11.21 of the senate finance and house of representatives ways and 11.22 means committees. The commissioner must involve this group in 11.23 all stages of development of budget forms and instructions. The 11.24 budget format must show actual expenditures and receipts for the 11.25 two most recent fiscal years, estimated expenditures and 11.26 receipts for the current fiscal year, and estimates for each 11.27 fiscal year of the next biennium. Estimated expenditures must 11.28 be classified by funds and character of expenditures and may be 11.29 subclassified by programs and activities. Agency revenue 11.30 estimates must show how the estimates were made and what factors 11.31 were used. Receipts must be classified by funds, programs, and 11.32 activities. Expenditure and revenue estimates must be based on 11.33 the law in existence at the time the estimates are prepared. 11.34 Subd. 1a. [PURPOSE OF PERFORMANCE DATA.] Performance data 11.35 shall be presented in the budget proposal to: 11.36 (1) provide information so that the legislature can 12.1 determine the extent to which state programs are successful; 12.2 (2) encourage agencies to develop clear goals and 12.3 objectives for their programs; and 12.4 (3) strengthen accountability to Minnesotans by providing a 12.5 record of state government's performance in providing effective 12.6 and efficient services. 12.7 Subd. 1b. [PERFORMANCE DATA FORMAT.] Agencies shall 12.8 present performance data that measures the performance of 12.9 programs in meeting program goals and objectives. Measures 12.10 reported may include indicators of outputs, efficiency, 12.11 outcomes, and other measures relevant to understanding each 12.12 program. Agencies shall present as much historical information 12.13 as needed to understand major trends and shall set targets for 12.14 future performance issues where feasible and appropriate. The 12.15 information shall appropriately highlight agency performance 12.16 issues that would assist legislative review and decision making. 12.17 Subd. 2. [BY OCTOBER 15 AND NOVEMBER 30.] By October 15 of 12.18 each even-numbered year, an agency must file the following with 12.19 the commissioner: 12.20 (1) budget estimates for the most recent and current fiscal 12.21 years; 12.22 (2) its upcoming biennial budget estimates; 12.23 (3) a comprehensive and integrated statement of agency 12.24 missions and outcome and performance measures; and 12.25 (4) a concise explanation of any planned changes in the 12.26 level of services or new activities. 12.27 The commissioner shall prepare and file the budget 12.28 estimates for an agency failing to file them. By November 30, 12.29 the commissioner shall send the final budget format, agency 12.30 budgetplans or requestsestimates for the next biennium, and 12.31 copies of the filed material to the ways and means and finance 12.32 committees, except that the commissioner shall not be required 12.33 to transmit information that identifies executive branch budget 12.34 decision items. At this time, a list of each employee's name, 12.35 title, and salary must be available to the legislature, either 12.36 on paper or through electronic retrieval. 13.1 Subd. 3. [DUTIES TO GOVERNOR-ELECT.] Immediately after the 13.2 election of a new governor, the commissioner shall report the 13.3 budget estimates and make available to the governor-elect all 13.4 department information, staff, and facilities relating to the 13.5 budget. 13.6 Sec. 22. Minnesota Statutes 1997 Supplement, section 13.7 16A.103, subdivision 1, is amended to read: 13.8 Subdivision 1. [STATE REVENUE AND EXPENDITURES.] In 13.9 February and November each year, the commissioner shall prepare 13.10and deliver to the governor and legislaturea forecast of state 13.11 revenue and expenditures. The November forecast must be 13.12 delivered to the legislature and governor no later than the end 13.13 of the first week of December. The February forecast must be 13.14 delivered to the legislature and governor by the end of 13.15 February. The forecast must assume the continuation of current 13.16 laws and reasonable estimates of projected growth in the 13.17 national and state economies and affected populations. Revenue 13.18 must be estimated for all sources provided for in current law. 13.19 Expenditures must be estimated for all obligations imposed by 13.20 law and those projected to occur as a result of inflation and 13.21 variables outside the control of the legislature. In 13.22 determining the rate of inflation, the application of inflation, 13.23 and the other variables to be included in the expenditure part 13.24 of the forecast, the commissioner must consult with the chair of 13.25 the senate state government finance committee, the chair of the 13.26 house committee on ways and means, and house and senate fiscal 13.27 staff. In addition, the commissioner shall forecast Minnesota 13.28 personal income for each of the years covered by the forecast 13.29 and include these estimates in the forecast documents. A 13.30 forecast prepared during the first fiscal year of a biennium 13.31 must cover that biennium and the next biennium. A forecast 13.32 prepared during the second fiscal year of a biennium must cover 13.33 that biennium and the next two bienniums. 13.34 Sec. 23. Minnesota Statutes 1997 Supplement, section 13.35 16A.11, subdivision 1, is amended to read: 13.36 Subdivision 1. [WHEN.] The governor shall submit a 14.1four-partthree-part budget to the legislature. Parts one and 14.2 two, the budget message and detailed operating budget, must be 14.3 submitted by the fourth Tuesday in January in each odd-numbered 14.4 year. However, in a year following the election of a governor 14.5 who had not been governor the previous year, parts one and two 14.6 must be submitted by the third Tuesday in February. Part three, 14.7 the detailed recommendations as to capital expenditure, must be 14.8 submitted as follows: agency capital budget requests by July 1 14.9 of each odd-numbered year, and governor's recommendations by 14.10 January 15 of each even-numbered year.Part four, theDetailed 14.11 recommendations as to information technology expenditure, must 14.12 be submittedat the same time the governor submits the budget14.13message to the legislatureas part of the detailed operating 14.14 budget. Information technology recommendations must include 14.15 projects to be funded during the next biennium and planning 14.16 estimates for an additional two bienniums. Information 14.17 technology recommendations must specify purposes of the funding 14.18 such as infrastructure, hardware, software, or training. 14.19 Sec. 24. Minnesota Statutes 1996, section 16A.11, 14.20 subdivision 3, is amended to read: 14.21 Subd. 3. [PART TWO: DETAILED BUDGET.] Part two of the 14.22 budget, the detailed budget estimates both of expenditures and 14.23 revenues,shallmust contain any statements on the financial 14.24 plan which the governor believes desirable or which may be 14.25 required by the legislature.Part of the budget must be14.26prepared using performance-based budgeting concepts. In this14.27subdivision, "performance-based budgeting" means a budget system14.28that identifies agency outcomes and results and provides14.29comprehensive information regarding actual and proposed changes14.30in funding and outcomes.The detailed estimates shall include 14.31 the governor's budgetplan of each agencyarranged in tabular 14.32 formso it may readily be compared with the governor's budget14.33for each agency. The detailed estimates must include a separate 14.34 line listing the total number of professional or technical 14.35 service contracts and the total cost of those contracts for the 14.36 prior biennium and the projected number of professional or 15.1 technical service contracts and the projected costs of those 15.2 contracts for the current and upcoming biennium. Theyshall15.3 must also include, as part of each agency's organization chart,15.4 a summary of the personnel employed by the agency,showing the15.5 reflected as full-time equivalent positionsfor the current15.6biennium, and the number of full-time equivalent employees of15.7all kinds employed by the agency on June 30 of the last complete15.8fiscal year, and the number of professional or technical service 15.9 consultants for the current biennium. 15.10 Sec. 25. Minnesota Statutes 1996, section 16A.72, is 15.11 amended to read: 15.12 16A.72 [INCOME CREDITED TO GENERAL FUND; EXCEPTIONS.] 15.13 All income, including fees or receipts of any nature, shall 15.14 be credited to the general fund, except: 15.15 (1) federal aid; 15.16 (2) contributions, or reimbursements received for any 15.17 account of any division or department for which an appropriation 15.18 is made by law; 15.19 (3) income to the University of Minnesota; 15.20 (4) income to revolving funds now established in 15.21 institutions under the control of the commissioners of 15.22 corrections or human services; 15.23 (5) investment earnings resulting from the master lease 15.24 program, except that the amount credited to another fund or 15.25 account may not exceed the amount of the additional expense 15.26 incurred by that fund or account through participation in the 15.27 master lease program; 15.28 (6) investment earnings resulting from any gift, donation, 15.29 device, endowment, trust, or court ordered or approved escrow 15.30 account or trust fund, which should be credited to the fund or 15.31 account and appropriated for the purpose for which it was 15.32 received; 15.33 (7) receipts from the operation of patients' and inmates' 15.34 stores and vending machines, which shall be deposited in the 15.35 social welfare fund in each institution for the benefit of the 15.36 patients and inmates; 16.1(7)(8) money received in payment for services of inmate 16.2 labor employed in the industries carried on in the state 16.3 correctional facilities which receipts shall be credited to the 16.4 current expense fund of those facilities; 16.5(8)(9) as provided in sections 16B.57 and 85.22; 16.6(9)(10) income to the Minnesota historical society; 16.7(10)(11) the percent of income collected by a private 16.8 collection agency and retained by the collection agency as its 16.9 collection fee; or 16.10(11)(12) as otherwise provided by law. 16.11 Sec. 26. Minnesota Statutes 1996, section 16B.04, 16.12 subdivision 4, is amended to read: 16.13 Subd. 4. [MISSION; EFFICIENCY.] It is part of the 16.14 department's mission that within the department's resources the 16.15 commissioner shall endeavor to: 16.16 (1) prevent the waste or unnecessary spending of public 16.17 money; 16.18 (2) use innovative fiscal and human resource practices to 16.19 manage the state's resources and operate the department as 16.20 efficiently as possible; 16.21 (3) coordinate the department's activities wherever 16.22 appropriate with the activities of other governmental agencies; 16.23 (4) use technology where appropriate to increase agency 16.24 productivity, improve customer service, increase public access 16.25 to information about government, and increase public 16.26 participation in the business of government; 16.27 (5) utilize constructive and cooperative labor-management 16.28 practices to the extent otherwise required by chapters 43A and 16.29 179A; 16.30 (6)include specific objectives inreport to the 16.31 legislature on the performancereport required under section16.3215.91 to increase the efficiencyof agency operations, when16.33appropriateand the accomplishment of agency goals in the 16.34 agency's biennial budget according to section 16A.10, 16.35 subdivision 1; and 16.36 (7) recommend to the legislature, in the performance report17.1of the department required under section 15.91,appropriate 17.2 changes in law necessary to carry out the mission and improve 17.3 the performance of the department. 17.4 Sec. 27. [16B.104] [PROCUREMENT REQUIREMENTS.] 17.5 (a) The commissioner, in consultation with the office of 17.6 technology, shall develop nonvisual technology access 17.7 standards. The standards must be included in all contracts for 17.8 the procurement of information technology by, or for the use of, 17.9 agencies, political subdivisions, and the Minnesota state 17.10 colleges and universities. The University of Minnesota is 17.11 encouraged to consider similar standards. 17.12 (b) The nonvisual access standards must include the 17.13 following minimum specifications: 17.14 (1) that effective, interactive control and use of the 17.15 technology including the operating system, applications 17.16 programs, prompts, and format of the data presented, are readily 17.17 achievable by nonvisual means; 17.18 (2) that the nonvisual access technology must be compatible 17.19 with information technology used by other individuals with whom 17.20 the blind or visually impaired individual must interact; 17.21 (3) that nonvisual access technology must be integrated 17.22 into networks used to share communications among employees, 17.23 program participants, and the public; and 17.24 (4) that the nonvisual access technology must have the 17.25 capability of providing equivalent access by nonvisual means to 17.26 telecommunications or other interconnected network services used 17.27 by persons who are not blind or visually impaired. 17.28 (c) Nothing in this section requires the installation of 17.29 software or peripheral devices used for nonvisual access when 17.30 the information technology is being used by individuals who are 17.31 not blind or visually impaired. 17.32 Sec. 28. [16B.76] [CONSTRUCTION CODES ADVISORY COUNCIL.] 17.33 Subdivision 1. [MEMBERSHIP.] (a) The construction codes 17.34 advisory council consists of the following members: 17.35 (1) the commissioner of administration or the 17.36 commissioner's designee representing the department's building 18.1 codes and standards division; 18.2 (2) the commissioner of health or the commissioner's 18.3 designee representing an environmental health section of the 18.4 department; 18.5 (3) the commissioner of public safety or the commissioner's 18.6 designee representing the department's state fire marshal 18.7 division; 18.8 (4) the commissioner of public service or the 18.9 commissioner's designee representing the department's energy 18.10 regulation and resource management division; and 18.11 (5) one member representing each of the following 18.12 occupations or entities, appointed by the commissioner of 18.13 administration: 18.14 (i) a certified building official; 18.15 (ii) a fire service representative; 18.16 (iii) a licensed architect; 18.17 (iv) a licensed engineer; 18.18 (v) a building owners and managers representative; 18.19 (vi) a licensed residential building contractor; 18.20 (vii) a commercial building contractor; 18.21 (viii) a heating and ventilation contractor; 18.22 (ix) a plumbing contractor; 18.23 (x) a representative of a construction and building trades 18.24 union; and 18.25 (xi) a local unit of government representative. 18.26 (b) For members who are not state officials or employees, 18.27 terms, compensation, removal, and the filling of vacancies are 18.28 governed by section 15.059. The council shall select one of its 18.29 members to serve as chair. 18.30 (c) The council expires June 30, 2001. 18.31 Subd. 2. [DUTIES OF THE COUNCIL.] The council shall review 18.32 laws, codes, rules, standards, and licensing requirements 18.33 relating to building construction and may: 18.34 (1) recommend ways to eliminate inconsistencies, to 18.35 streamline construction regulation and construction processes, 18.36 and to improve procedures within and among jurisdictions; 19.1 (2) review and comment on current and proposed laws and 19.2 rules to promote coordination and consistency; 19.3 (3) advise agencies on possible changes in rules to make 19.4 them easier to understand and apply; and 19.5 (4) promote the coordination, within each jurisdiction, of 19.6 the administration and enforcement of construction codes. 19.7 The council shall report its findings and recommendations 19.8 to the commissioner of administration and the head of any other 19.9 affected agency by the end of each calendar year. The council 19.10 may recommend changes in laws or rules governing building 19.11 construction. The council may establish subcommittees to 19.12 facilitate its work. If the council establishes subcommittees, 19.13 it shall include in their memberships representation from 19.14 entities and organizations expressing an interest in 19.15 membership. The commissioner of administration shall maintain a 19.16 list of interested entities and organizations. 19.17 Subd. 3. [AGENCY COOPERATION.] State agencies and local 19.18 governmental units shall cooperate with the council and, so far 19.19 as possible, provide information or assistance to it upon its 19.20 request. The commissioner of administration shall provide 19.21 necessary staff and administrative support to the council. 19.22 Sec. 29. Minnesota Statutes 1996, section 16D.02, 19.23 subdivision 3, is amended to read: 19.24 Subd. 3. [DEBT.] "Debt" means an amount owed to the state 19.25 directly, or through a state agency, on account of a fee, duty, 19.26 lease, direct loan, loan insured or guaranteed by the state, 19.27 rent, service, sale of real or personal property, overpayment, 19.28 fine, assessment, penalty, restitution, damages, interest, tax, 19.29 bail bond, forfeiture, reimbursement, liability owed, an 19.30 assignment to the state including assignments under sections 19.31 256.72 to 256.87, the Social Security Act, or other state or 19.32 federal law, recovery of costs incurred by the state, or any 19.33 other source of indebtedness to the state. Debt also includes 19.34 amounts owed to individuals as a result of civil, criminal, or 19.35 administrative action brought by the state or a state agency 19.36 pursuant to its statutory authority or for which the state or 20.1 state agency acts in a fiduciary capacity in providing 20.2 collection services in accordance with the regulations adopted 20.3 under the Social Security Act at Code of Federal Regulations, 20.4 title 45, section 302.33. Debt also includes an amount owed to 20.5 the courts or University of Minnesota for which the commissioner 20.6 provides collection services pursuant to contract. 20.7 Sec. 30. Minnesota Statutes 1996, section 16D.04, 20.8 subdivision 1, is amended to read: 20.9 Subdivision 1. [DUTIES.] The commissioner shall provide 20.10 services to the state and its agencies to collect debts owed the 20.11 state. The commissioner is not a collection agency as defined 20.12 by section 332.31, subdivision 3, and is not licensed, bonded, 20.13 or regulated by the commissioner of commerce under sections 20.14 332.31 to 332.35 or 332.38 to 332.45. The commissioner is 20.15 subject to section 332.37, except clause (9)or, (10), (12), or 20.16 (19). Debts referred to the commissioner for collection under 20.17 section 256.9792 may in turn be referred by the commissioner to 20.18 the enterprise. An audited financial statement may not be 20.19 required as a condition of debt placement with a private agency 20.20 if the private agency: (1) has errors and omissions coverage 20.21 under a professional liability policy in an amount of at least 20.22 $1,000,000; or (2) has a fidelity bond to cover actions of its 20.23 employees, in an amount of at least $100,000. In cases of debts 20.24 referred under section 256.9792, the provisions of this chapter 20.25 and section 256.9792 apply to the extent they are not in 20.26 conflict. If they are in conflict, the provisions of section 20.27 256.9792 control. For purposes of this chapter, the referring 20.28 agency for such debts remains the department of human services. 20.29 Sec. 31. Minnesota Statutes 1996, section 16D.04, 20.30 subdivision 4, is amended to read: 20.31 Subd. 4. [AUTHORITY TO CONTRACT.] The 20.32commissionercommissioners of revenue and finance may contract 20.33 with credit bureaus, private collection agencies, and other 20.34 entities as necessary for the collection of debts. A private 20.35 collection agency acting under a contract with the 20.36 commissioner of revenue or finance is subject to sections 332.31 21.1 to 332.45, except that the private collection agency may 21.2 indicate that it is acting under a contract with 21.3 thecommissionerstate. The commissioner may not delegate the 21.4 powers provided under section 16D.08 to any nongovernmental 21.5 entity. 21.6 Sec. 32. [16D.045] [STAFF.] 21.7 Any collectors hired by the commissioner of revenue after 21.8 June 30, 1998, to work for the Minnesota collection enterprise 21.9 must be located in the Ely office. 21.10 Sec. 33. Minnesota Statutes 1996, section 16D.06, 21.11 subdivision 2, is amended to read: 21.12 Subd. 2. [DISCLOSURE OF DATA.] Data received, collected, 21.13 created, or maintained by the commissioner or the attorney 21.14 general to collect debts are classified as private data on 21.15 individuals under section 13.02, subdivision 12, or nonpublic 21.16 data under section 13.02, subdivision 9. The commissioner or 21.17 the attorney general may disclose not public data: 21.18 (1) under section 13.05; 21.19 (2) under court order; 21.20 (3) under a statute specifically authorizing access to the 21.21 not public data; 21.22 (4) to provide notices required or permitted by statute; 21.23 (5) to an agent of the commissioner or the attorney 21.24 general, including a law enforcement person, attorney, or 21.25 investigator acting for the commissioner or the attorney general 21.26 in the investigation or prosecution of a criminal or civil 21.27 proceeding relating to collection of a debt; 21.28 (6) to report names of debtors, amount of debt, date of 21.29 debt, and the agency to whom debt is owed to credit bureausand21.30private collection agencies under contract with the21.31commissioner; 21.32 (7)when necessaryto locate the debtor, locate the assets 21.33 of the debtor, or to enforce or implement the collection of a 21.34 debt, provided that the commissioner or the attorney general may 21.35 disclose only the data that are necessary to enforce or 21.36 implement collection of the debt; and 22.1 (8) to the commissioner of revenue for tax administration 22.2 purposes. 22.3 The commissioner and the attorney general may not disclose 22.4 data that is not public to a private collection agency or other 22.5 entity with whom the commissioner has contracted under section 22.6 16D.04, subdivision 4, unless disclosure is otherwise authorized 22.7 by law. 22.8 Sec. 34. Minnesota Statutes 1996, section 16D.08, 22.9 subdivision 2, is amended to read: 22.10 Subd. 2. [POWERS.] In addition to the collection remedies 22.11 available to private collection agencies in this state, the 22.12 commissioner, with legal assistance from the attorney general, 22.13 may utilize any statutory authority granted to a referring 22.14 agency for purposes of collecting debt owed to that referring 22.15 agency. The commissioner may also delegate to the enterprise 22.16 the tax collection remedies in sections 270.06, clauses (7) and 22.17 (17), excluding the power to subpoena witnesses; 270.66; 270.69, 22.18 excluding subdivisions 7 and 13; 270.70, excluding subdivision 22.19 14; 270.7001 to 270.72; and 290.92, subdivision 23, except that 22.20 a continuous wage levy under section 290.92, subdivision 23, is 22.21 only effective for 70 days, unless no competing wage 22.22 garnishments, executions, or levies are served within the 70-day 22.23 period, in which case a wage levy is continuous until a 22.24 competing garnishment, execution, or levy is served in the 22.25 second or a succeeding 70-day period, in which case a continuous 22.26 wage levy is effective for the remainder of that period. A 22.27 debtor who qualifies for cancellation ofthecollectionpenalty22.28 costs under section 16D.11, subdivision 3, clause (1), can apply 22.29 to the commissioner for reduction or release of a continuous 22.30 wage levy, if the debtor establishes that the debtor needs all 22.31 or a portion of the wages being levied upon to pay for essential 22.32 living expenses, such as food, clothing, shelter, medical care, 22.33 or expenses necessary for maintaining employment. The 22.34 commissioner's determination not to reduce or release a 22.35 continuous wage levy is appealable to district court. The word 22.36 "tax" or "taxes" when used in the tax collection statutes listed 23.1 in this subdivision also means debts referred under this 23.2 chapter. For debts other than state taxes or child support, 23.3 before any of the tax collection remedies listed in this 23.4 subdivision can be used, except for the remedies in section 23.5 270.06, clauses (7) and (17), if the referring agency has not 23.6 already obtained a judgment or filed a lien, the commissioner 23.7 must first obtain a judgment against the debtor. 23.8 Sec. 35. Minnesota Statutes 1996, section 16D.11, as 23.9 amended by Laws 1997, chapter 187, article 3, section 3, is 23.10 amended to read: 23.11 16D.11 [COLLECTIONPENALTYCOSTS.] 23.12 Subdivision 1. [IMPOSITION.] As determined by the 23.13 commissioner of finance,a penaltycollection costs shall be 23.14 added to the debts referred to the commissioner or private 23.15 collection agency for collection.The penalty isCollection 23.16 costs are collectible by the commissioner or private agency from 23.17 the debtor at the same time and in the same manner as the 23.18 referred debt. The referring agency shall advise the debtor of 23.19the penaltycollection costs under this section and the debtor's 23.20 right to cancellation ofthe penaltycollection costs under 23.21 subdivision 3 at the time the agency sends notice to the debtor 23.22 under section 16D.07. If the commissioner or private agency 23.23 collects an amount less than the total due, the payment is 23.24 applied proportionally tothe penaltycollection costs and the 23.25 underlying debt unless the commissioner of finance has waived 23.26 this requirement for certain categories of debt pursuant to the 23.27 department's internal guidelines.PenaltiesCollection costs 23.28 collected by the commissioner under this subdivision or retained 23.29 under subdivision 6 shall be deposited in the general fund as 23.30 nondedicated receipts.PenaltiesCollection costs collected by 23.31 private agencies are appropriated to the referring agency to pay 23.32 the collection fees charged by the private agency.Penalty23.33 Collections of collection costs in excess of collection agency 23.34 fees must be deposited in the general fund as nondedicated 23.35 receipts. 23.36 Subd. 2. [COMPUTATION.]Beginning July 1, 1995,At the 24.1 time a debt is referred, the amount ofthe penaltycollection 24.2 costs is equal to 15 percent of the debt, or 25 percent of the 24.3 debt remaining unpaid if the commissioner or private collection 24.4 agency has to take enforced collection action by serving a 24.5 summons and complaint on or entering judgment against the 24.6 debtor, or by utilizing any of the remedies authorized under 24.7 section 16D.08, subdivision 2, except for the remedies in 24.8 sections 270.06, clause (7), and 270.66 or when referred by the 24.9 commissioner for additional collection activity by a private 24.10 collection agency. If, after referral of a debt to a private 24.11 collection agency, the debtor requests cancellation ofthe24.12penaltycollection costs under subdivision 3, the debt must be 24.13 returned to the commissioner for resolution of the request. 24.14 Subd. 3. [CANCELLATION.]The penaltyCollection costs 24.15 imposed under subdivision 1 shall be canceled and subtracted 24.16 from the amount due if: 24.17 (1) the debtor's household income as defined in section 24.18 290A.03, subdivision 5, excluding the exemption subtractions in 24.19 subdivision 3, paragraph (3) of that section, for the 12 months 24.20 preceding the date of referral is less than twice the annual 24.21 federal poverty guideline under United States Code, title 42, 24.22 section 9902, subsection (2); 24.23 (2) within 60 days after the first contact with the debtor 24.24 by the enterprise or collection agency, the debtor establishes 24.25 reasonable cause for the failure to pay the debt prior to 24.26 referral of the debt to the enterprise; 24.27 (3) a good faith dispute as to the legitimacy or the amount 24.28 of the debt is made, and payment is remitted or a payment 24.29 agreement is entered into within 30 days after resolution of the 24.30 dispute; 24.31 (4) good faith litigation occurs and the debtor's position 24.32 is substantially justified, and if the debtor does not totally 24.33 prevail, the debt is paid or a payment agreement is entered into 24.34 within 30 days after the judgment becomes final and 24.35 nonappealable; or 24.36 (5)penaltiescollection costs have been added by the 25.1 referring agency and are included in the amount of the referred 25.2 debt. 25.3 Subd. 4. [APPEAL.] Decisions of the commissioner denying 25.4 an application to cancelthe penaltycollection costs under 25.5 subdivision 3 are subject to the contested case procedure under 25.6 chapter 14. 25.7 Subd. 5. [REFUND.] Ifa penalty iscollection costs are 25.8 collected and then canceled, the amount of thepenalty25.9 collection costs shall be refunded to the debtor within 30 25.10 days. The amount necessary to pay the refunds is annually 25.11 appropriated to the commissioner. 25.12 Subd. 6. [CHARGE TO REFERRING AGENCY.] Ifthe penalty25.13iscollection costs are canceled under subdivision 3, an amount 25.14 equal to the penalty is retained by the commissioner from the 25.15 debt collected, and is accounted for and subject to the same 25.16 provisions of this chapter as if the penalty had been collected 25.17 from the debtor. 25.18 Subd. 7. [ADJUSTMENT OF RATE.] By June 1 of each year, the 25.19 commissioner of finance shall determine the rate ofthe25.20penaltycollection costs for debts referred to the enterprise 25.21 during the next fiscal year. The rate is a percentage of the 25.22 debts in an amount that most nearly equals the costs of the 25.23 enterprise necessary to process and collect referred debts under 25.24 this chapter. In no event shall the rate ofthe penalty25.25 collection costs when a debt is first referred exceed 25.26 three-fifths of the maximumpenaltycollection costs, and in no 25.27 event shall the rate of the maximumpenaltycollection costs 25.28 exceed 25 percent of the debt. Determination of the rate ofthe25.29penaltycollection costs under this section is not subject to 25.30 the fee setting requirements of section 16A.1285. 25.31 Sec. 36. Minnesota Statutes 1996, section 16D.14, 25.32 subdivision 2, is amended to read: 25.33 Subd. 2. [CONCILIATION COURT; CLAIMS FOR $2,500 OR LESS.] 25.34 (a) The commissioner or the attorney general may bring a 25.35 conciliation court action where the cause of action arose or 25.36 where the debtor resides. Before bringing a conciliation court 26.1 action for a claim for $2,500 or less under this section in any 26.2 county other than where the debtor resides or where the cause of 26.3 action arose, the commissioner or the attorney general shall 26.4 send a form by first class mail to the debtor's last known 26.5 address notifying the debtor of the intent to bring an action in 26.6 Ramsey county. The commissioner or attorney general must 26.7 enclose a form for the debtor to use to request that the action 26.8 not be brought in Ramsey county and a self-addressed, postage 26.9 paid envelope. The form must advise the debtor of the right to 26.10 request that the action not be brought in Ramsey county and that 26.11 the debtor has 30 days from the date of the form to make this 26.12 request. 26.13 (b) If the debtor timely returns the form requesting the 26.14 action not be brought in Ramsey county, the commissioner or 26.15 attorney general may only file the action in the county of the 26.16 debtor's residence, the county where the cause of action arose, 26.17 or as provided by other law. The commissioner or attorney 26.18 general shall notify the debtor of the action taken. If the 26.19 debtor does not timely return the form, venue is as chosen by 26.20 the commissioner or attorney general as authorized under this 26.21 section. 26.22 (c) If a judgment is obtained in Ramsey county conciliation 26.23 court when the form was sent by first class mail under this 26.24 subdivision and the debtor reasonably demonstrates that the 26.25 debtor did not reside at the address where the form was sent or 26.26 that the debtor did not receive the form, the commissioner or 26.27 the attorney general shall vacate the judgment without prejudice 26.28 and return any funds collected as a result of enforcement of the 26.29 judgment. Evidence of the debtor's correct address include, but 26.30 are not limited to, a driver's license, homestead declaration, 26.31 school registration, utility bills, or a lease or rental 26.32 agreement. 26.33 Sec. 37. Minnesota Statutes 1996, section 16D.14, 26.34 subdivision 3, is amended to read: 26.35 Subd. 3. [CONCILIATION COURT CLAIMS EXCEEDING $2,500.] (a) 26.36 The commissioner or the attorney general may bring a 27.1 conciliation court action where the cause of action arose or 27.2 where the debtor resides. In order to bring a conciliation 27.3 court claim that exceeds $2,500 under this section in a county 27.4 other than where the debtor resides or where the cause of action 27.5 arose, the commissioner or the attorney general shall serve with 27.6 the conciliation court claim a change of venue form for the 27.7 debtor to use to request that venue be changed and a 27.8 self-addressed, postage paid return envelope. This form must 27.9 advise the debtor that the form must be returned within 30 days 27.10 of the date of service or venue will remain in Ramsey county. 27.11 (b) If the debtor timely returns the change of venue form 27.12 requesting a change of venue, the commissioner or attorney 27.13 general shall change the venue of the action to the county of 27.14 the debtor's residence, the county where the cause of action 27.15 arose, as provided by other law, or dismiss the action. The 27.16 commissioner or attorney general must notify the debtor of the 27.17 action taken. If the debtor does not timely return the form, 27.18 venue is as chosen by the commissioner or attorney general as 27.19 authorized under this section. The commissioner or the attorney 27.20 general shall file the signed return receipt card or the proof 27.21 of service with the court. 27.22 Sec. 38. Minnesota Statutes 1996, section 16D.14, 27.23 subdivision 5, is amended to read: 27.24 Subd. 5. [FEES.] No court filing fees, docketing fees,or27.25 release of judgment fees, or any other fees or costs for court 27.26 services may be assessed against the state forcollection27.27 actions filedunder this chapterby the state or a state agency 27.28 seeking monetary relief in favor of the state. 27.29 Sec. 39. Minnesota Statutes 1996, section 16D.16, is 27.30 amended to read: 27.31 16D.16 [SETOFFS.] 27.32 Subdivision 1. [AUTHORIZATION.] Unless prohibited by other 27.33 law, the state agency utilizes a more specific setoff statute, 27.34 or the state payments are subject to a more specific setoff 27.35 statute, the commissioner or a state agency may automatically 27.36 deduct the amount of a debt owed to the state from any state 28.1 payment due to the debtor, except tax refunds, earned income tax28.2credit, child care tax credit, prejudgment debts of $5,000 or28.3less, funds exempt under section 550.37, or funds owed an28.4individual who receives. Tax refunds, earned income tax credit, 28.5 child care credit, funds exempt under section 550.37, or funds 28.6 owed to an individual who is receiving assistance under the 28.7 provisions of chapter 256 are not subject to setoff under 28.8 thischaptersection. If a debtor has entered into a written 28.9 payment plan with respect to payment of a specified debt, the 28.10 right of setoff may not be used to satisfy that debt. 28.11 Notwithstanding section 181.79, the state may deduct from the 28.12 wages due or earned by a state employee to collect a debt, 28.13 subject to the limitations in section 571.922. 28.14 Subd. 2. [NOTICE AND HEARING.] Before setoff, the 28.15 commissioner or state agency shall mail written notice by 28.16 certified mail to the debtor, addressed to the debtor's last 28.17 known address, that the commissioner or state agency intends to 28.18 set off a debt owed to the state by the debtor against future 28.19 payments due the debtor from the state. For debts owed to the 28.20 state that have not been reduced to judgment, if noopportunity28.21to be heard oradministrative appeal process or a hearing by an 28.22 impartial decision maker on the validity or accuracy of the debt 28.23 has yet been made available to the debtorto contest the28.24validity or accuracy of the debt, before setoff for a 28.25 prejudgment debt, the notice to the debtor must advise that the 28.26 debtor has a right to make a written request for a contested 28.27 case hearing on the validity of the debt or the right to 28.28 setoff. The debtor has 30 days from the date of that notice to 28.29 make a written request for a contested case hearing to contest 28.30 the validity of the debt or the right to setoff. The debtor's 28.31 request must state the debtor's reasons for contesting the debt 28.32 or the right to setoff. If the commissioner or state agency 28.33 desires to pursue the right to setoff following receipt of the 28.34 debtor's request for a hearing, the commissioner or state agency 28.35 shall schedule a contested case hearing within 30 days of the 28.36 receipt of the request for the hearing. If the commissioner or 29.1 state agency decides not to pursue the right to setoff, the 29.2 debtor must be notified of that decision. 29.3 Sec. 40. [16D.17] [ENFORCEMENT OF STATUTORY PENALTIES.] 29.4 A state agency may enforce a final penalty order imposed 29.5 for violations of state law in the same manner as a district 29.6 court judgment if: 29.7 (1) notice and opportunity for a hearing on the penalty has 29.8 been provided and the notice gives at least 30 days to request a 29.9 hearing, unless the agency statute provides for a different 29.10 timeline; and 29.11 (2) the notice or order of the penalty states that when the 29.12 order becomes final, the agency may file and enforce the penalty 29.13 as a judgment without further notice or additional proceedings. 29.14 The administrative order may be filed with a district court 29.15 administrator along with an affidavit of identification and 29.16 amount owed, and the court administrator shall enter and docket 29.17 the administrative order as a civil judgment. 29.18 Sec. 41. Minnesota Statutes 1997 Supplement, section 29.19 16E.01, subdivision 3, is amended to read: 29.20 Subd. 3. [DUTIES.] The office shall: 29.21 (1) coordinate the efficient and effective use of available 29.22 federal, state, local, and private resources to develop 29.23 statewide information and communications technology and its 29.24 infrastructure; 29.25 (2) review state agency and intergovernmental information 29.26 and communications systems development efforts involving state 29.27 or intergovernmental funding, provide information to the 29.28 legislaturein accordance with section 16A.11regarding projects 29.29 reviewed, and recommend projects for inclusion in the 29.30information technologygovernor's budget under section 16A.11; 29.31 (3) encourage cooperation and collaboration among state and 29.32 local governments in developing intergovernmental communication 29.33 and information systems, and define the structure and 29.34 responsibilities of the information policy council; 29.35 (4) cooperate and collaborate with the legislative and 29.36 judicial branches in the development of information and 30.1 communications systems in those branches; 30.2 (5) continue the development of North Star, the state's 30.3 official comprehensive online service and information 30.4 initiative; 30.5 (6) promote and collaborate with the state's agencies in 30.6 the state's transition to an effectively competitive 30.7 telecommunications market; 30.8 (7) collaborate with entities carrying out education and 30.9 lifelong learning initiatives to assist Minnesotans in 30.10 developing technical literacy and obtaining access to ongoing 30.11 learning resources; 30.12 (8) promote and coordinate public information access and 30.13 network initiatives, consistent with chapter 13, to connect 30.14 Minnesota's citizens and communities to each other, to their 30.15 governments, and to the world; 30.16 (9) promote and coordinate electronic commerce initiatives 30.17 to ensure that Minnesota businesses and citizens can 30.18 successfully compete in the global economy; 30.19 (10) promote and coordinate the regular and periodic 30.20 reinvestment in the core information and communications 30.21 technology infrastructure so that state and local government 30.22 agencies can effectively and efficiently serve their customers; 30.23 (11) facilitate the cooperative development of standards 30.24 for information systems, electronic data practices and privacy, 30.25 and electronic commerce among international, national, state, 30.26 and local public and private organizations; and 30.27 (12) work with others to avoid unnecessary duplication of 30.28 existing servicesor activitiesprovided by other public and 30.29 private organizations while building on the existing 30.30 governmental, educational, business, health care, and economic 30.31 development infrastructures. 30.32 Sec. 42. Minnesota Statutes 1997 Supplement, section 30.33 16E.03, subdivision 1, is amended to read: 30.34 Subdivision 1. [DEFINITIONS.] For the purposes of sections 30.35 16E.03 to 16E.05, the following terms have the meanings given 30.36 them. 31.1 (a) "Information and communications technologyactivity31.2 project" means the development or acquisition of information and 31.3 communications technology devices and systems, but does not 31.4 include MNet or its contractors. 31.5 (b) "Data processing device or system" means equipment or 31.6 computer programs, including computer hardware, firmware, 31.7 software, and communication protocols, used in connection with 31.8 the processing of information through electronic data processing 31.9 means, and includes data communication devices used in 31.10 connection with computer facilities for the transmission of data. 31.11 (c) "State agency" means an agency in the executive branch 31.12 of state government and includes the Minnesota higher education 31.13 services office. 31.14 Sec. 43. Minnesota Statutes 1997 Supplement, section 31.15 16E.03, subdivision 3, is amended to read: 31.16 Subd. 3. [EVALUATION AND APPROVAL.] A state agency may not 31.17 undertake an information and communications technology 31.18activityproject until it has been evaluated according to the 31.19 procedures developed under subdivision 4. The governor or 31.20 governor's designee shall give written approval of the proposed 31.21activityproject. If the proposedactivityproject is not 31.22 approved, the commissioner of finance shall cancel the 31.23 unencumbered balance of any appropriation allotted for 31.24 theactivityproject. This subdivision does not apply to 31.25 acquisitions or development of information and communications 31.26 systems that have anticipated total cost of less than $100,000. 31.27 The Minnesota state colleges and universities shall submit for 31.28 approval anyactivityproject related to acquisitions or 31.29 development of information and communications systems that has a 31.30 total anticipated cost of more than $250,000. 31.31 Sec. 44. Minnesota Statutes 1997 Supplement, section 31.32 16E.03, subdivision 4, is amended to read: 31.33 Subd. 4. [EVALUATION PROCEDURE.] The executive director 31.34 shall establish and, as necessary, update and modify procedures 31.35 to evaluate information and communicationsactivitiesprojects 31.36 proposed by state agencies. The evaluation procedure must 32.1 assess the necessity, design and plan for development, ability 32.2 to meet user requirements, feasibility, and flexibility of the 32.3 proposed data processing device or system, its relationship to 32.4 other state data processing devices or systems, and its costs 32.5 and benefits when considered by itself and when compared with 32.6 other options. 32.7 Sec. 45. Minnesota Statutes 1997 Supplement, section 32.8 16E.03, subdivision 5, is amended to read: 32.9 Subd. 5. [REPORT TO LEGISLATURE.] The executive director 32.10 shall submit to the legislature,in the information technology32.11 at the same time as the governor's budget required by section 32.12 16A.11, a concise narrative explanation ofthe activityany 32.13 information and communication technology project that involves 32.14 collaboration between state agencies anda request for any32.15additional appropriation necessary to complete the activityan 32.16 explanation of how the budget requests of the several agencies 32.17 collaborating on the project relate to each other. 32.18 Sec. 46. Minnesota Statutes 1997 Supplement, section 32.19 16E.07, subdivision 3, is amended to read: 32.20 Subd. 3. [ACCESS TO DATA.] The legislature determines that 32.21 the greatest possible access to certain government information 32.22 and data is essential to allow citizens to participate fully in 32.23 a democratic system of government. Certain information and 32.24 data, including, but not limited to the following, must be 32.25 provided free of charge or for a nominal cost associated with 32.26 reproducing the information or data: 32.27 (1) directories of government services and institutions, 32.28 including an electronic version of the guidebook to state agency 32.29 services published by the commissioner of administration; 32.30 (2) legislative and rulemaking information, including an 32.31 electronic version of the State Register, public information 32.32 newsletters, bill text and summaries, bill status information, 32.33 rule status information, meeting schedules, and the text of 32.34 statutes and rules; 32.35 (3) supreme court and court of appeals opinions and general 32.36 judicial information; 33.1 (4) opinions of the attorney general; 33.2 (5) campaign finance and public disclosure board and 33.3 election information; 33.4 (6) public budget information; 33.5 (7) local government documents, such as codes, ordinances, 33.6 minutes, meeting schedules, and other notices in the public 33.7 interest; 33.8 (8) official documents, releases, speeches, and other 33.9 public information issued by government agencies; and 33.10 (9) the text of other government documents and publications 33.11 that government agencies determine are important to public 33.12 understanding of government activities. 33.13 Sec. 47. Minnesota Statutes 1996, section 17.03, 33.14 subdivision 11, is amended to read: 33.15 Subd. 11. [MISSION; EFFICIENCY.] It is part of the 33.16 department's mission that within the department's resources the 33.17 commissioner shall endeavor to: 33.18 (1) prevent the waste or unnecessary spending of public 33.19 money; 33.20 (2) use innovative fiscal and human resource practices to 33.21 manage the state's resources and operate the department as 33.22 efficiently as possible; 33.23 (3) coordinate the department's activities wherever 33.24 appropriate with the activities of other governmental agencies; 33.25 (4) use technology where appropriate to increase agency 33.26 productivity, improve customer service, increase public access 33.27 to information about government, and increase public 33.28 participation in the business of government; 33.29 (5) utilize constructive and cooperative labor-management 33.30 practices to the extent otherwise required by chapters 43A and 33.31 179A; 33.32 (6)include specific objectives inreport to the 33.33 legislature on the performancereport required under section33.3415.91 to increase the efficiencyof agency operations, when33.35appropriateand the accomplishment of agency goals in the 33.36 agency's biennial budget according to section 16A.10, 34.1 subdivision 1; and 34.2 (7) recommend to the legislature, in the performance report34.3of the department required under section 15.91,appropriate 34.4 changes in law necessary to carry out the mission and improve 34.5 the performance of the department. 34.6 Sec. 48. Minnesota Statutes 1996, section 43A.04, 34.7 subdivision 1a, is amended to read: 34.8 Subd. 1a. [MISSION; EFFICIENCY.] It is part of the 34.9 department's mission that within the department's resources the 34.10 commissioner shall endeavor to: 34.11 (1) prevent the waste or unnecessary spending of public 34.12 money; 34.13 (2) use innovative fiscal and human resource practices to 34.14 manage the state's resources and operate the department as 34.15 efficiently as possible; 34.16 (3) coordinate the department's activities wherever 34.17 appropriate with the activities of other governmental agencies; 34.18 (4) use technology where appropriate to increase agency 34.19 productivity, improve customer service, increase public access 34.20 to information about government, and increase public 34.21 participation in the business of government; 34.22 (5) utilize constructive and cooperative labor-management 34.23 practices to the extent otherwise required by chapters 43A and 34.24 179A; 34.25 (6)include specific objectives inreport to the 34.26 legislature on the performancereport required under section34.2715.91 to increase the efficiencyof agency operations, when34.28appropriateand the accomplishment of agency goals in the 34.29 agency's biennial budget according to section 16A.10, 34.30 subdivision 1; and 34.31 (7) recommend to the legislature, in the performance report34.32of the department required under section 15.91,appropriate 34.33 changes in law necessary to carry out the mission and improve 34.34 the performance of the department. 34.35 Sec. 49. Minnesota Statutes 1996, section 43A.17, 34.36 subdivision 8, is amended to read: 35.1 Subd. 8. [ACCUMULATED VACATION LEAVE.] The commissioner of 35.2 employee relations shall not agree to a collective bargaining 35.3 agreement or recommend a compensation plan pursuant to section 35.4 43A.18, subdivisions 1, 2, 3, and 4, nor shall an arbitrator 35.5 issue an award under sections 179A.01 to 179A.25, if the 35.6 compensation plan, agreement, or award permits an employee to 35.7 convert accumulated vacation leave into cash before separation 35.8 from state service. 35.9 This section does not prohibit the commissioner from 35.10 negotiating a collective bargaining agreement or recommending 35.11 approval of a compensation plan which: (1) permits an employee 35.12 to receive payment for accumulated vacation leave upon beginning 35.13 an unpaid leave of absence approved for more than one year in 35.14 duration if the leave of absence is not for the purpose of 35.15 accepting an unclassified position in state civil service; or 35.16 (2) permits an employee to receive payment for accumulated 35.17 vacation leave upon layoff. 35.18 Sec. 50. Minnesota Statutes 1997 Supplement, section 35.19 43A.30, subdivision 5, is amended to read: 35.20 Subd. 5. [ADMINISTRATION.] The commissioner of employee 35.21 relations may administer the employee insurance program. The 35.22 commissioner may assess agencies, and employers of persons 35.23 eligible for state-paid insurance and benefits under section 35.24 43A.24, the cost of these administrative services, including 35.25 diagnostic and referral services provided by the employee 35.26 assistance program under section 16B.39, and include it in the 35.27 amounts billed for life insurance, hospital, medical, and dental 35.28 benefits, and optional coverages authorized. Receipts from the 35.29 assessments must be deposited in the state treasury and credited 35.30 to a special account in the employee insurance trust fund and 35.31 are appropriated to the commissioner to pay these administrative 35.32 costs. 35.33 Sec. 51. Minnesota Statutes 1996, section 43A.317, 35.34 subdivision 8, is amended to read: 35.35 Subd. 8. [PREMIUMS.] (a) [PAYMENTS.] Employers enrolled 35.36 in the program shall pay premiums according to terms established 36.1 by the commissioner. If an employer fails to make the required 36.2 payments, the commissioner may cancel coverage and pursue other 36.3 civil remedies. 36.4 (b) [RATING METHOD.] The commissioner shall determine the 36.5 premium rates and rating method for the program. The rating 36.6 method for eligible small employers must meet or exceed the 36.7 requirements of chapter 62L. The rating methods must recover in 36.8 premiums all of the ongoing costs for state administration and 36.9 for maintenance of a premium stability and claim fluctuation 36.10 reserve.Premiums must be established so as to recover and36.11repay within five years after July 1, 1993, any direct36.12appropriations received to provide start-up administrative36.13costs. Premiums must be established so as to recover and repay36.14within five years after July 1, 1993, any direct appropriations36.15received to establish initial reserves.On June 30, 1999, after 36.16 paying all necessary and reasonable expenses, the commissioner 36.17 must apply up to $2,075,000 of any remaining balance in the 36.18 Minnesota employees' insurance trust fund to repayment of any 36.19 amounts drawn or expended for this program from the health care 36.20 access fund. 36.21 (c) [TAXES AND ASSESSMENTS.] To the extent that the 36.22 program operates as a self-insured group, the premiums paid to 36.23 the program are not subject to the premium taxes imposed by 36.24 sections 60A.15 and 60A.198, but the program is subject to a 36.25 Minnesota comprehensive health association assessment under 36.26 section 62E.11. 36.27 Sec. 52. Minnesota Statutes 1996, section 45.012, is 36.28 amended to read: 36.29 45.012 [COMMISSIONER.] 36.30 (a) The department of commerce is under the supervision and 36.31 control of the commissioner of commerce. The commissioner is 36.32 appointed by the governor in the manner provided by section 36.33 15.06. 36.34 (b) Data that is received by the commissioner or the 36.35 commissioner's designee by virtue of membership or participation 36.36 in an association, group, or organization that is not otherwise 37.1 subject to chapter 13 is confidential or protected nonpublic 37.2 data but may be shared with the department employees as the 37.3 commissioner considers appropriate. The commissioner may 37.4 release the data to any person, agency, or the public if the 37.5 commissioner determines that the access will aid the law 37.6 enforcement process, promote public health or safety, or dispel 37.7 widespread rumor or unrest. 37.8 (c) It is part of the department's mission that within the 37.9 department's resources the commissioner shall endeavor to: 37.10 (1) prevent the waste or unnecessary spending of public 37.11 money; 37.12 (2) use innovative fiscal and human resource practices to 37.13 manage the state's resources and operate the department as 37.14 efficiently as possible; 37.15 (3) coordinate the department's activities wherever 37.16 appropriate with the activities of other governmental agencies; 37.17 (4) use technology where appropriate to increase agency 37.18 productivity, improve customer service, increase public access 37.19 to information about government, and increase public 37.20 participation in the business of government; 37.21 (5) utilize constructive and cooperative labor-management 37.22 practices to the extent otherwise required by chapters 43A and 37.23 179A; 37.24 (6)include specific objectives inreport to the 37.25 legislature on the performancereport required under section37.2615.91 to increase the efficiencyof agency operations, when37.27appropriateand the accomplishment of agency goals in the 37.28 agency's biennial budget according to section 16A.10, 37.29 subdivision 1; and 37.30 (7) recommend to the legislature, in the performance report37.31of the department required under section 15.91,appropriate 37.32 changes in law necessary to carry out the mission and improve 37.33 the performance of the department. 37.34 Sec. 53. Minnesota Statutes 1996, section 84.027, 37.35 subdivision 14, is amended to read: 37.36 Subd. 14. [MISSION; EFFICIENCY.] It is part of the 38.1 department's mission that within the department's resources the 38.2 commissioner shall endeavor to: 38.3 (1) prevent the waste or unnecessary spending of public 38.4 money; 38.5 (2) use innovative fiscal and human resource practices to 38.6 manage the state's resources and operate the department as 38.7 efficiently as possible; 38.8 (3) coordinate the department's activities wherever 38.9 appropriate with the activities of other governmental agencies; 38.10 (4) use technology where appropriate to increase agency 38.11 productivity, improve customer service, increase public access 38.12 to information about government, and increase public 38.13 participation in the business of government; 38.14 (5) utilize constructive and cooperative labor-management 38.15 practices to the extent otherwise required by chapters 43A and 38.16 179A; 38.17 (6)include specific objectives inreport to the 38.18 legislature on the performancereport required under section38.1915.91 to increase the efficiencyof agency operations, when38.20appropriateand the accomplishment of agency goals in the 38.21 agency's biennial budget according to section 16A.10, 38.22 subdivision 1; and 38.23 (7) recommend to the legislature, in the performance report38.24of the department required under section 15.91,appropriate 38.25 changes in law necessary to carry out the mission and improve 38.26 the performance of the department. 38.27 Sec. 54. Minnesota Statutes 1996, section 116.03, 38.28 subdivision 2a, is amended to read: 38.29 Subd. 2a. [MISSION; EFFICIENCY.] It is part of the 38.30 agency's mission that within the agency's resources the 38.31 commissioner and the members of the agency shall endeavor to: 38.32 (1) prevent the waste or unnecessary spending of public 38.33 money; 38.34 (2) use innovative fiscal and human resource practices to 38.35 manage the state's resources and operate the agency as 38.36 efficiently as possible; 39.1 (3) coordinate the agency's activities wherever appropriate 39.2 with the activities of other governmental agencies; 39.3 (4) use technology where appropriate to increase agency 39.4 productivity, improve customer service, increase public access 39.5 to information about government, and increase public 39.6 participation in the business of government; 39.7 (5) utilize constructive and cooperative labor-management 39.8 practices to the extent otherwise required by chapters 43A and 39.9 179A; 39.10 (6)include specific objectives inreport to the 39.11 legislature on the performancereport required under section39.1215.91 to increase the efficiencyof agency operations, when39.13appropriateand the accomplishment of agency goals in the 39.14 agency's biennial budget according to section 16A.10, 39.15 subdivision 1; and 39.16 (7) recommend to the legislature, in the performance report39.17of the agency required under section 15.91,appropriate changes 39.18 in law necessary to carry out the mission and improve the 39.19 performance of the agency. 39.20 Sec. 55. Minnesota Statutes 1996, section 116J.011, is 39.21 amended to read: 39.22 116J.011 [MISSION.] 39.23 The mission of the department of trade and economic 39.24 development is to employ all of the available state government 39.25 resources to facilitate an economic environment that produces 39.26 net new job growth in excess of the national average and to 39.27 increase nonresident and resident tourism revenues. It is part 39.28 of the department's mission that within the department's 39.29 resources the commissioner shall endeavor to: 39.30 (1) prevent the waste or unnecessary spending of public 39.31 money; 39.32 (2) use innovative fiscal and human resource practices to 39.33 manage the state's resources and operate the department as 39.34 efficiently as possible; 39.35 (3) coordinate the department's activities wherever 39.36 appropriate with the activities of other governmental agencies; 40.1 (4) use technology where appropriate to increase agency 40.2 productivity, improve customer service, increase public access 40.3 to information about government, and increase public 40.4 participation in the business of government; 40.5 (5) utilize constructive and cooperative labor-management 40.6 practices to the extent otherwise required by chapters 43A and 40.7 179A; 40.8 (6)include specific objectives inreport to the 40.9 legislature on the performancereport required under section40.1015.91 to increase the efficiencyof agency operations, when40.11appropriateand the accomplishment of agency goals in the 40.12 agency's biennial budget according to section 16A.10, 40.13 subdivision 1; and 40.14 (7) recommend to the legislature, in the performance report40.15of the department required under section 15.91,appropriate 40.16 changes in law necessary to carry out the mission and improve 40.17 the performance of the department. 40.18 Sec. 56. Minnesota Statutes 1997 Supplement, section 40.19 120.0111, is amended to read: 40.20 120.0111 [MISSION STATEMENT.] 40.21 The mission of public education in Minnesota, a system for 40.22 lifelong learning, is to ensure individual academic achievement, 40.23 an informed citizenry, and a highly productive work force. This 40.24 system focuses on the learner, promotes and values diversity, 40.25 provides participatory decision making, ensures accountability, 40.26 models democratic principles, creates and sustains a climate for 40.27 change, provides personalized learning environments, encourages 40.28 learners to reach their maximum potential, and integrates and 40.29 coordinates human services for learners. The public schools of 40.30 this state shall serve the needs of the students by cooperating 40.31 with the students' parents and legal guardians to develop the 40.32 students' intellectual capabilities and lifework skills in a 40.33 safe and positive environment. It is part of the department's 40.34 mission that within the department's resources the commissioner 40.35 shall endeavor to: 40.36 (1) prevent the waste or unnecessary spending of public 41.1 money; 41.2 (2) use innovative fiscal and human resource practices to 41.3 manage the state's resources and operate the department as 41.4 efficiently as possible; 41.5 (3) coordinate the department's activities wherever 41.6 appropriate with the activities of other governmental agencies; 41.7 (4) use technology where appropriate to increase agency 41.8 productivity, improve customer service, increase public access 41.9 to information about government, and increase public 41.10 participation in the business of government; 41.11 (5) utilize constructive and cooperative labor-management 41.12 practices to the extent otherwise required by chapters 43A and 41.13 179A; 41.14 (6)include specific objectives inreport to the 41.15 legislature on the performancereport required under section41.1615.91 to increase the efficiencyof agency operations, when41.17appropriateand the accomplishment of agency goals in the 41.18 agency's biennial budget according to section 16A.10, 41.19 subdivision 1; and 41.20 (7) recommend to the legislature, in the performance report41.21of the department required under section 15.91,appropriate 41.22 changes in law necessary to carry out the mission and improve 41.23 the performance of the department. 41.24 Sec. 57. Minnesota Statutes 1996, section 144.05, 41.25 subdivision 2, is amended to read: 41.26 Subd. 2. [MISSION; EFFICIENCY.] It is part of the 41.27 department's mission that within the department's resources the 41.28 commissioner shall endeavor to: 41.29 (1) prevent the waste or unnecessary spending of public 41.30 money; 41.31 (2) use innovative fiscal and human resource practices to 41.32 manage the state's resources and operate the department as 41.33 efficiently as possible; 41.34 (3) coordinate the department's activities wherever 41.35 appropriate with the activities of other governmental agencies; 41.36 (4) use technology where appropriate to increase agency 42.1 productivity, improve customer service, increase public access 42.2 to information about government, and increase public 42.3 participation in the business of government; 42.4 (5) utilize constructive and cooperative labor-management 42.5 practices to the extent otherwise required by chapters 43A and 42.6 179A; 42.7 (6)include specific objectives inreport to the 42.8 legislature on the performancereport required under section42.915.91 to increase the efficiencyof agency operations, when42.10appropriateand the accomplishment of agency goals in the 42.11 agency's biennial budget according to section 16A.10, 42.12 subdivision 1; and 42.13 (7) recommend to the legislature, in the performance report42.14of the department required under section 15.91,appropriate 42.15 changes in law necessary to carry out the mission and improve 42.16 the performance of the department. 42.17 Sec. 58. Minnesota Statutes 1996, section 174.02, 42.18 subdivision 1a, is amended to read: 42.19 Subd. 1a. [MISSION; EFFICIENCY.] It is part of the 42.20 department's mission that within the department's resources the 42.21 commissioner shall endeavor to: 42.22 (1) prevent the waste or unnecessary spending of public 42.23 money; 42.24 (2) use innovative fiscal and human resource practices to 42.25 manage the state's resources and operate the department as 42.26 efficiently as possible; 42.27 (3) coordinate the department's activities wherever 42.28 appropriate with the activities of other governmental agencies; 42.29 (4) use technology where appropriate to increase agency 42.30 productivity, improve customer service, increase public access 42.31 to information about government, and increase public 42.32 participation in the business of government; 42.33 (5) utilize constructive and cooperative labor-management 42.34 practices to the extent otherwise required by chapters 43A and 42.35 179A; 42.36 (6)include specific objectives inreport to the 43.1 legislature on the performancereport required under section43.215.91 to increase the efficiencyof agency operations, when43.3appropriateand the accomplishment of agency goals in the 43.4 agency's biennial budget according to section 16A.10, 43.5 subdivision 1; and 43.6 (7) recommend to the legislature, in the performance report43.7of the department required under section 15.91,appropriate 43.8 changes in law necessary to carry out the mission and improve 43.9 the performance of the department. 43.10 Sec. 59. Minnesota Statutes 1996, section 175.001, 43.11 subdivision 6, is amended to read: 43.12 Subd. 6. [MISSION; EFFICIENCY.] It is part of the 43.13 department's mission that within the department's resources the 43.14 commissioner shall endeavor to: 43.15 (1) prevent the waste or unnecessary spending of public 43.16 money; 43.17 (2) use innovative fiscal and human resource practices to 43.18 manage the state's resources and operate the department as 43.19 efficiently as possible; 43.20 (3) coordinate the department's activities wherever 43.21 appropriate with the activities of other governmental agencies; 43.22 (4) use technology where appropriate to increase agency 43.23 productivity, improve customer service, increase public access 43.24 to information about government, and increase public 43.25 participation in the business of government; 43.26 (5) utilize constructive and cooperative labor-management 43.27 practices to the extent otherwise required by chapters 43A and 43.28 179A; 43.29 (6)include specific objectives inreport to the 43.30 legislature on the performancereport required under section43.3115.91 to increase the efficiencyof agency operations, when43.32appropriateand the accomplishment of agency goals in the 43.33 agency's biennial budget according to section 16A.10, 43.34 subdivision 1; and 43.35 (7) recommend to the legislature, in the performance report43.36of the department required under section 15.91,appropriate 44.1 changes in law necessary to carry out the mission and improve 44.2 the performance of the department. 44.3 Sec. 60. Minnesota Statutes 1996, section 190.09, 44.4 subdivision 2, is amended to read: 44.5 Subd. 2. [MISSION; EFFICIENCY.] It is part of the 44.6 department's mission that within the department's resources the 44.7 adjutant general shall endeavor to: 44.8 (1) prevent the waste or unnecessary spending of public 44.9 money; 44.10 (2) use innovative fiscal and human resource practices to 44.11 manage the state's resources and operate the department as 44.12 efficiently as possible; 44.13 (3) coordinate the department's activities wherever 44.14 appropriate with the activities of other governmental agencies; 44.15 (4) use technology where appropriate to increase agency 44.16 productivity, improve customer service, increase public access 44.17 to information about government, and increase public 44.18 participation in the business of government; 44.19 (5) utilize constructive and cooperative labor-management 44.20 practices to the extent otherwise required by chapters 43A and 44.21 179A; 44.22 (6)include specific objectives inreport to the 44.23 legislature on the performancereport required under section44.2415.91 to increase the efficiencyof agency operations, when44.25appropriateand the accomplishment of agency goals in the 44.26 agency's biennial budget according to section 16A.10, 44.27 subdivision 1; and 44.28 (7) recommend to the legislature, in the performance report44.29of the department required under section 15.91,appropriate 44.30 changes in law necessary to carry out the mission and improve 44.31 the performance of the department. 44.32 Sec. 61. Minnesota Statutes 1996, section 196.05, 44.33 subdivision 2, is amended to read: 44.34 Subd. 2. [MISSION; EFFICIENCY.] It is part of the 44.35 department's mission that within the department's resources the 44.36 commissioner shall endeavor to: 45.1 (1) prevent the waste or unnecessary spending of public 45.2 money; 45.3 (2) use innovative fiscal and human resource practices to 45.4 manage the state's resources and operate the department as 45.5 efficiently as possible; 45.6 (3) coordinate the department's activities wherever 45.7 appropriate with the activities of other governmental agencies; 45.8 (4) use technology where appropriate to increase agency 45.9 productivity, improve customer service, increase public access 45.10 to information about government, and increase public 45.11 participation in the business of government; 45.12 (5) utilize constructive and cooperative labor-management 45.13 practices to the extent otherwise required by chapters 43A and 45.14 179A; 45.15 (6)include specific objectives inreport to the 45.16 legislature on the performancereport required under section45.1715.91 to increase the efficiencyof agency operations, when45.18appropriateand the accomplishment of agency goals in the 45.19 agency's biennial budget according to section 16A.10, 45.20 subdivision 1; and 45.21 (7) recommend to the legislature, in the performance report45.22of the department required under section 15.91,appropriate 45.23 changes in law necessary to carry out the mission and improve 45.24 the performance of the department. 45.25 Sec. 62. Minnesota Statutes 1996, section 216A.07, 45.26 subdivision 6, is amended to read: 45.27 Subd. 6. [MISSION; EFFICIENCY.] It is part of the 45.28 department's mission that within the department's resources the 45.29 commissioner shall endeavor to: 45.30 (1) prevent the waste or unnecessary spending of public 45.31 money; 45.32 (2) use innovative fiscal and human resource practices to 45.33 manage the state's resources and operate the department as 45.34 efficiently as possible; 45.35 (3) coordinate the department's activities wherever 45.36 appropriate with the activities of other governmental agencies; 46.1 (4) use technology where appropriate to increase agency 46.2 productivity, improve customer service, increase public access 46.3 to information about government, and increase public 46.4 participation in the business of government; 46.5 (5) utilize constructive and cooperative labor-management 46.6 practices to the extent otherwise required by chapters 43A and 46.7 179A; 46.8 (6)include specific objectives inreport to the 46.9 legislature on the performancereport required under section46.1015.91 to increase the efficiencyof agency operations, when46.11appropriateand the accomplishment of agency goals in the 46.12 agency's biennial budget according to section 16A.10, 46.13 subdivision 1; and 46.14 (7) recommend to the legislature, in the performance report46.15of the department required under section 15.91,appropriate 46.16 changes in law necessary to carry out the mission and improve 46.17 the performance of the department. 46.18 Sec. 63. Minnesota Statutes 1997 Supplement, section 46.19 241.01, subdivision 3b, is amended to read: 46.20 Subd. 3b. [MISSION; EFFICIENCY.] It is part of the 46.21 department's mission that within the department's resources the 46.22 commissioner shall endeavor to: 46.23 (1) prevent the waste or unnecessary spending of public 46.24 money; 46.25 (2) use innovative fiscal and human resource practices to 46.26 manage the state's resources and operate the department as 46.27 efficiently as possible; 46.28 (3) coordinate the department's activities wherever 46.29 appropriate with the activities of other governmental agencies; 46.30 (4) use technology where appropriate to increase agency 46.31 productivity, improve service to the public, increase public 46.32 access to information about government, and increase public 46.33 participation in the business of government; 46.34 (5) utilize constructive and cooperative labor-management 46.35 practices to the extent otherwise required by chapters 43A and 46.36 179A; 47.1 (6)include specific objectives inreport to the 47.2 legislature on the performancereport required under sections47.315.91 and 241.015 to increase the efficiencyof agency 47.4 operations, when appropriateand the accomplishment of agency 47.5 goals in the agency's biennial budget according to section 47.6 16A.10, subdivision 1; and 47.7 (7) recommend to the legislature, in the performance report47.8of the department required under sections 15.91 and 241.015,47.9 appropriate changes in law necessary to carry out the 47.10 mission and improve the performance of the department. 47.11 Sec. 64. Minnesota Statutes 1997 Supplement, section 47.12 245.03, subdivision 2, is amended to read: 47.13 Subd. 2. [MISSION; EFFICIENCY.] It is part of the 47.14 department's mission that within the department's resources the 47.15 commissioner shall endeavor to: 47.16 (1) prevent the waste or unnecessary spending of public 47.17 money; 47.18 (2) use innovative fiscal and human resource practices to 47.19 manage the state's resources and operate the department as 47.20 efficiently as possible, including the authority to consolidate 47.21 different nonentitlement grant programs, having similar 47.22 functions or serving similar populations, as may be determined 47.23 by the commissioner, while protecting the original purposes of 47.24 the programs. Nonentitlement grant funds consolidated by the 47.25 commissioner shall be reflected in the department's biennial 47.26 budget. With approval of the commissioner, vendors who are 47.27 eligible for funding from any of the commissioner's granting 47.28 authority under section 256.01, subdivision 2, paragraph (1), 47.29 clause (f), may submit a single application for a grant 47.30 agreement including multiple awards; 47.31 (3) coordinate the department's activities wherever 47.32 appropriate with the activities of other governmental agencies; 47.33 (4) use technology where appropriate to increase agency 47.34 productivity, improve customer service, increase public access 47.35 to information about government, and increase public 47.36 participation in the business of government; 48.1 (5) utilize constructive and cooperative labor-management 48.2 practices to the extent otherwise required by chapters 43A and 48.3 179A; 48.4 (6)include specific objectives inreport to the 48.5 legislature on the performancereport required under section48.615.91 to increase the efficiencyof agency operations, when48.7appropriateand the accomplishment of agency goals in the 48.8 agency's biennial budget according to section 16A.10, 48.9 subdivision 1; and 48.10 (7) recommend to the legislature, in the performance report48.11of the department required under section 15.91,appropriate 48.12 changes in law necessary to carry out the mission and improve 48.13 the performance of the department. 48.14 Sec. 65. Minnesota Statutes 1996, section 268.0122, 48.15 subdivision 6, is amended to read: 48.16 Subd. 6. [MISSION; EFFICIENCY.] It is part of the 48.17 department's mission that within the department's resources the 48.18 commissioner shall endeavor to: 48.19 (1) prevent the waste or unnecessary spending of public 48.20 money; 48.21 (2) use innovative fiscal and human resource practices to 48.22 manage the state's resources and operate the department as 48.23 efficiently as possible; 48.24 (3) coordinate the department's activities wherever 48.25 appropriate with the activities of other governmental agencies; 48.26 (4) use technology where appropriate to increase agency 48.27 productivity, improve customer service, increase public access 48.28 to information about government, and increase public 48.29 participation in the business of government; 48.30 (5) utilize constructive and cooperative labor-management 48.31 practices to the extent otherwise required by chapters 43A and 48.32 179A; 48.33 (6)include specific objectives inreport to the 48.34 legislature on the performancereport required under section48.3515.91 to increase the efficiencyof agency operations, when48.36appropriateand the accomplishment of agency goals in the 49.1 agency's biennial budget according to section 16A.10, 49.2 subdivision 1; and 49.3 (7) recommend to the legislature, in the performance report49.4of the department required under section 15.91,appropriate 49.5 changes in law necessary to carry out the mission and improve 49.6 the performance of the department. 49.7 Sec. 66. Minnesota Statutes 1996, section 270.02, 49.8 subdivision 3a, is amended to read: 49.9 Subd. 3a. [MISSION; EFFICIENCY.] It is part of the 49.10 department's mission that within the department's resources the 49.11 commissioner shall endeavor to: 49.12 (1) prevent the waste or unnecessary spending of public 49.13 money; 49.14 (2) use innovative fiscal and human resource practices to 49.15 manage the state's resources and operate the department as 49.16 efficiently as possible; 49.17 (3) coordinate the department's activities wherever 49.18 appropriate with the activities of other governmental agencies; 49.19 (4) use technology where appropriate to increase agency 49.20 productivity, improve customer service, increase public access 49.21 to information about government, and increase public 49.22 participation in the business of government; 49.23 (5) utilize constructive and cooperative labor-management 49.24 practices to the extent otherwise required by chapters 43A and 49.25 179A; 49.26 (6)include specific objectives inreport to the 49.27 legislature on the performancereport required under section49.2815.91 to increase the efficiencyof agency operations, when49.29appropriateand the accomplishment of agency goals in the 49.30 agency's biennial budget according to section 16A.10, 49.31 subdivision 1; and 49.32 (7) recommend to the legislature, in the performance report49.33of the department required under section 15.91,appropriate 49.34 changes in law necessary to carry out the mission and improve 49.35 the performance of the department. 49.36 Sec. 67. Minnesota Statutes 1997 Supplement, section 50.1 270.063, subdivision 1, is amended to read: 50.2 Subdivision 1. [APPROPRIATION.] For the purpose of 50.3 collecting delinquent state tax liabilities or debts as defined 50.4 in section 16D.02, subdivision 3, there is appropriated to the 50.5 commissioner of revenue an amount representing the cost of 50.6 collection by contract with collection agencies, revenue 50.7 departments of other states, or attorneys to enable the 50.8 commissioner to reimburse these agencies, departments, or 50.9 attorneys for this service. The commissioner shall report 50.10 quarterly on the status of this program to the chair of the 50.11 house tax and appropriation committees and senate tax and 50.12 finance committees. 50.13 Sec. 68. Minnesota Statutes 1996, section 299A.01, 50.14 subdivision 1a, is amended to read: 50.15 Subd. 1a. [MISSION; EFFICIENCY.] It is part of the 50.16 department's mission that within the department's resources the 50.17 commissioner shall endeavor to: 50.18 (1) prevent the waste or unnecessary spending of public 50.19 money; 50.20 (2) use innovative fiscal and human resource practices to 50.21 manage the state's resources and operate the department as 50.22 efficiently as possible; 50.23 (3) coordinate the department's activities wherever 50.24 appropriate with the activities of other governmental agencies; 50.25 (4) use technology where appropriate to increase agency 50.26 productivity, improve customer service, increase public access 50.27 to information about government, and increase public 50.28 participation in the business of government; 50.29 (5) utilize constructive and cooperative labor-management 50.30 practices to the extent otherwise required by chapters 43A and 50.31 179A; 50.32 (6)include specific objectives inreport to the 50.33 legislature on the performancereport required under section50.3415.91 to increase the efficiencyof agency operations, when50.35appropriateand the accomplishment of agency goals in the 50.36 agency's biennial budget according to section 16A.10, 51.1 subdivision 1; and 51.2 (7) recommend to the legislature, in the performance report51.3of the department required under section 15.91,appropriate 51.4 changes in law necessary to carry out the mission and improve 51.5 the performance of the department. 51.6 Sec. 69. [325G.53] [CONSUMER EDUCATION; TELEMARKETING 51.7 FRAUD.] 51.8 Subdivision 1. [ESTABLISHMENT.] The attorney general shall 51.9 establish an outreach advocacy network to educate citizens of 51.10 the state with respect to telemarketing fraud. 51.11 Subd. 2. [DUTIES.] The advocacy network shall: 51.12 (1) conduct clinics and seminars throughout the state to 51.13 educate consumers with respect to telemarketing fraud, including 51.14 providing an explanation of rights under federal and state law, 51.15 and recommending effective strategies to combat fraud, with 51.16 particular emphasis placed on educating consumers in greater 51.17 Minnesota and isolated areas of the state where victims may be 51.18 targeted; 51.19 (2) facilitate outreach to groups particularly susceptible 51.20 to telemarketing fraud by training advocates for senior citizens 51.21 and other consumer groups to conduct clinics and seminars in 51.22 their communities; 51.23 (3) prepare and publish informational brochures on 51.24 telemarketing fraud for distribution to consumers; 51.25 (4) serve as an information clearinghouse within the state 51.26 to assist consumers and others to obtain information with 51.27 respect to current fraudulent telemarketing activity in the 51.28 state; 51.29 (5) serve as a resource and provide assistance to local 51.30 prosecutors and law enforcement; and 51.31 (6) identify those occupations in which persons may be in a 51.32 good position to spot telemarketing fraud, and develop 51.33 specialized training programs for those persons. 51.34 Sec. 70. Minnesota Statutes 1996, section 349A.06, is 51.35 amended by adding a subdivision to read: 51.36 Subd. 12. [RETAILER BONUS.] The director may adopt a plan 52.1 whereby eligible lottery retailers will receive a bonus payment, 52.2 in addition to commissions or incentives earned for the sale of 52.3 lottery tickets, if total lottery sales for a fiscal year 52.4 increase when compared to the total lottery sales for the 52.5 previous fiscal year. The bonus payment shall be no more than 52.6 ten percent of any increase in total lottery sale, which shall 52.7 be paid to active lottery retailers at the end of a fiscal year 52.8 on the basis of each lottery retailer's market share. 52.9 Sec. 71. Minnesota Statutes 1996, section 349A.10, 52.10 subdivision 3, is amended to read: 52.11 Subd. 3. [LOTTERY OPERATIONS.] (a) The director shall 52.12 establish a lottery operations account in the lottery fund. The 52.13 director shall pay all costs of operating the lottery, including 52.14 payroll costs or amounts transferred to the state treasury for 52.15 payroll costs, but not including lottery prizes, from the 52.16 lottery operating account. The director shall credit to the 52.17 lottery operations account amounts sufficient to pay the 52.18 operating costs of the lottery. 52.19 (b)The director may not credit in fiscal year 1993 amounts52.20to the lottery operations account which when totaled exceed 14.552.21percent of gross revenue to the lottery fund.Except as 52.22 provided in paragraph (e), the director may not credit in any 52.23 fiscal year thereafter amounts to the lottery operations account 52.24 which when totaled exceed 15 percent of gross revenue to the 52.25 lottery fund in that fiscal year. In computing total amounts 52.26 credited to the lottery operations account under this paragraph 52.27 the director shall disregard amounts transferred to or retained 52.28 by lottery retailers as sales commissions or other compensation. 52.29 (c) The director of the lottery may not expend after July 52.30 1, 1991, more than 2-3/4 percent of gross revenues in a fiscal 52.31 year for contracts for the preparation, publication, and 52.32 placement of advertising. 52.33 (d) Except as the director determines, the lottery is not 52.34 subject to chapter 16A relating to budgeting, payroll, and the 52.35 purchase of goods and services. 52.36 (e) In addition to the amounts credited to the lottery 53.1 operations account under paragraph (b), the director is 53.2 authorized, if necessary, to meet the current obligations of the 53.3 lottery and to credit up to 25 percent of an amount equal to the 53.4 average annual amount which was authorized to be credited to the 53.5 lottery operations account for the previous three fiscal years 53.6 but was not needed to meet the obligations of the lottery. 53.7 Sec. 72. Minnesota Statutes 1996, section 349A.11, is 53.8 amended to read: 53.9 349A.11 [CONFLICT OF INTEREST.] 53.10 Subdivision 1. [LOTTERY TICKET; RETAILER.](a)The 53.11 director, an employee of the lottery, a member of the immediate 53.12 family of the director or employee residing in the same 53.13 household may not: 53.14 (1) purchase a lottery ticket; or 53.15 (2) have any personal pecuniary interest in any vendor 53.16 holding a lottery procurement contract, or in any lottery 53.17 retailer; or 53.18 (3) receive any gift, gratuity, or other thing of value, 53.19 excluding food or beverage, from any lottery vendor or lottery 53.20 retailer, or person applying to be a retailer or vendor, in 53.21 excess of $100 in any calendar year. 53.22 Subd. 2. [GIFTS.] The director or an employee of the 53.23 lottery in the unclassified service may not accept a gift the 53.24 acceptance of which by an official would be prohibited by 53.25 section 10A.071. 53.26 Subd. 3. [PENALTY.](b)A violation ofparagraph53.27(a)subdivision 1, clause (1), is a misdemeanor. A violation of 53.28paragraph (a)subdivision 1, clause (2), is a gross 53.29 misdemeanor. A violation ofparagraph (a)subdivision 1, clause 53.30 (3), is a misdemeanor unless the gift, gratuity, or other item 53.31 of value received has a value in excess of $500, in which case a 53.32 violation is a gross misdemeanor. 53.33 Subd. 4. [FUTURE EMPLOYMENT.](c)The director or an 53.34 unclassified employee of the lottery may not, withinone year53.35 two years of terminating employment with the lottery,accept53.36employment with, act as an agent or attorney for, or otherwise54.1 represent any person, corporation, or entitythat had any54.2lottery procurement contract or bid for a lottery procurement54.3contract withbefore the lotterywithin a period of two years54.4prior to the termination of their employment. A violation of 54.5 this paragraph is a misdemeanor. 54.6 Sec. 73. [349A.16] [LOTTERY RETAILER COMMISSIONS.] 54.7 The director of the state lottery shall: (1) increase 54.8 commissions paid to lottery retailers in effect on January 1, 54.9 1998, by one-half percent on the price of each ticket sold by 54.10 each retailer; and (2) provide that each lottery retailer 54.11 receive a commission of at least one percent on the amount of 54.12 each winning ticket cashed by that retailer. The director of 54.13 the state lottery shall periodically review lottery ticket sales 54.14 and make such adjustments to lottery retailer commission rates 54.15 as are deemed necessary to maintain appropriate return to the 54.16 state. 54.17 Sec. 74. Minnesota Statutes 1996, section 352D.12, is 54.18 amended to read: 54.19 352D.12 [TRANSFER OF PRIOR SERVICE CONTRIBUTIONS.] 54.20 (a) An employee who is a participant in the unclassified 54.21 program and who has prior service credit in a covered plan under 54.22 chapters 3A, 352, 352C, 353, 354, 354A, and 422A may, within the 54.23 time limits specified in this section, elect to transfer to the 54.24 unclassified program prior service contributions to one or more 54.25 of those plans. Participants with six or more years of prior 54.26 service credit in a plan governed by chapter 3A or 352C on July 54.27 1, 1998, may not transfer prior service contributions. 54.28 Participants with less than six years of prior service credit in 54.29 a plan governed by chapter 3A or 352C on July 1, 1998, must be 54.30 contributing to the unclassified plan on or after January 5, 54.31 1999, in order to transfer prior contributions. 54.32 (b) For participants with prior service credit in a plan 54.33 governed by chapter 352, 353, 354, 354A, or 422A, "prior service 54.34 contributions" means the accumulated employee and equal employer 54.35 contributions with interest at an annual rate of 8.5 percent 54.36 compounded annually, based on fiscal year balances. For 55.1 participants with less than six years of service credit as of 55.2 July 1, 1998, and with prior service credit in a plan governed 55.3 by chapter 3A or 352C, "prior service contributions" means twice 55.4 the amount of the accumulated member contributions plus annual 55.5 compound interest at the rate of 8.5 percent, computed on fiscal 55.6 year balances. 55.7 (c) If a participant has taken a refund from afund55.8 retirement plan listed in this section, the participant may 55.9 repay the refund to thatfundplan, notwithstanding any 55.10 restrictions on repayment to thatfundplan, plus 8.5 percent 55.11 interest compounded annually and have the accumulated employee 55.12 and equal employer contributions transferred to the unclassified 55.13 program with interest at an annual rate of 8.5 percent 55.14 compounded annually based on fiscal year balances. If a person 55.15 repays a refund and subsequently elects to have the money 55.16 transferred to the unclassified program, the repayment amount, 55.17 including interest, is added to the fiscal year balance in the 55.18 year which the repayment was made. 55.19 (d) A participant electing to transfer prior service 55.20 contributions credited to a retirement plan governed by chapter 55.21 352, 353, 354, 354A, or 422A as provided under this section must 55.22 complete the application for the transfer and repay any refund 55.23 within one year ofJuly 1, 1985 orthe commencement of the 55.24 employee's participation in the unclassified program, whichever55.25is later. A participant electing to transfer prior service 55.26 contributions credited to a retirement plan governed by chapter 55.27 3A or 352C as provided under this section must complete the 55.28 application for the transfer and repay any refund between 55.29 January 5, 1999, and June 1, 1999, if the employee commenced 55.30 participation in the unclassified program before January 5, 55.31 1999, or within one year of the commencement of the employee's 55.32 participation in the unclassified program if the employee 55.33 commenced participation in the unclassified program after 55.34 January 4, 1999. 55.35 Sec. 75. Minnesota Statutes 1997 Supplement, section 55.36 357.021, subdivision 1a, is amended to read: 56.1 Subd. 1a. (a) Every person, including the state of 56.2 Minnesota and all bodies politic and corporate, who shall 56.3 transact any business in the district court, shall pay to the 56.4 court administrator of said court the sundry fees prescribed in 56.5 subdivision 2. Except as provided in paragraph (d), the court 56.6 administrator shall transmit the fees monthly to the state 56.7 treasurer for deposit in the state treasury and credit to the 56.8 general fund. 56.9 (b) In a county which has a screener-collector position, 56.10 fees paid by a county pursuant to this subdivision shall be 56.11 transmitted monthly to the county treasurer, who shall apply the 56.12 fees first to reimburse the county for the amount of the salary 56.13 paid for the screener-collector position. The balance of the 56.14 fees collected shall then be forwarded to the state treasurer 56.15 for deposit in the state treasury and credited to the general 56.16 fund. In a county in the eighth judicial district which has a 56.17 screener-collector position, the fees paid by a county shall be 56.18 transmitted monthly to the state treasurer for deposit in the 56.19 state treasury and credited to the general fund. A 56.20 screener-collector position for purposes of this paragraph is an 56.21 employee whose function is to increase the collection of fines 56.22 and to review the incomes of potential clients of the public 56.23 defender, in order to verify eligibility for that service. 56.24 (c) No fee is required under this section from the public 56.25 authority or the party the public authority represents in an 56.26 action for: 56.27 (1) child support enforcement or modification, medical 56.28 assistance enforcement, or establishment of parentage in the 56.29 district court, or child or medical support enforcement 56.30 conducted by an administrative law judge in an administrative 56.31 hearing under section 518.5511; 56.32 (2) civil commitment under chapter 253B; 56.33 (3) the appointment of a public conservator or public 56.34 guardian or any other action under chapters 252A and 525; 56.35 (4) wrongfully obtaining public assistance under section 56.36 256.98 or 256D.07, or recovery of overpayments of public 57.1 assistance; 57.2 (5) court relief under chapter 260; 57.3 (6) forfeiture of property under sections 169.1217 and 57.4 609.531 to 609.5317; 57.5 (7) recovery of amounts issued by political subdivisions or 57.6 public institutions under sections 246.52, 252.27, 256.045, 57.7 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and 57.8 260.251, or other sections referring to other forms of public 57.9 assistance;or57.10 (8) restitution under section 611A.04; or 57.11 (9) actions seeking monetary relief in favor of the state 57.12 pursuant to section 16D.14, subdivision 5. 57.13 (d) The fees collected for child support modifications 57.14 under subdivision 2, clause (13), must be transmitted to the 57.15 county treasurer for deposit in the county general fund. The 57.16 fees must be used by the county to pay for child support 57.17 enforcement efforts by county attorneys. 57.18 Sec. 76. Minnesota Statutes 1996, section 357.022, is 57.19 amended to read: 57.20 357.022 [CONCILIATION COURT FEE.] 57.21 The court administrator in every county shall charge and 57.22 collect a filing fee of $15 where the amount demanded is less 57.23 than $2,000 and $25 where the amount demanded is $2,000 or more 57.24 from every plaintiff and from every defendant when the first 57.25 paper for that party is filed in any conciliation court action. 57.26 This section does not apply to conciliation court actions filed 57.27 by the state. The court administrator shall transmit the fees 57.28 monthly to the state treasurer for deposit in the state treasury 57.29 and credit to the general fund. 57.30 Sec. 77. Minnesota Statutes 1996, section 363.05, 57.31 subdivision 3, is amended to read: 57.32 Subd. 3. [MISSION; EFFICIENCY.] It is part of the 57.33 department's mission that within the department's resources the 57.34 commissioner shall endeavor to: 57.35 (1) prevent the waste or unnecessary spending of public 57.36 money; 58.1 (2) use innovative fiscal and human resource practices to 58.2 manage the state's resources and operate the department as 58.3 efficiently as possible; 58.4 (3) coordinate the department's activities wherever 58.5 appropriate with the activities of other governmental agencies; 58.6 (4) use technology where appropriate to increase agency 58.7 productivity, improve customer service, increase public access 58.8 to information about government, and increase public 58.9 participation in the business of government; 58.10 (5) utilize constructive and cooperative labor-management 58.11 practices to the extent otherwise required by chapters 43A and 58.12 179A; 58.13 (6)include specific objectives inreport to the 58.14 legislature on the performancereport required under section58.1515.91 to increase the efficiencyof agency operations, when58.16appropriateand the accomplishment of agency goals in the 58.17 agency's biennial budget according to section 16A.10, 58.18 subdivision 1; and 58.19 (7) recommend to the legislature, in the performance report58.20of the department required under section 15.91,appropriate 58.21 changes in law necessary to carry out the mission and improve 58.22 the performance of the department. 58.23 Sec. 78. Minnesota Statutes 1997 Supplement, section 58.24 394.232, subdivision 5, is amended to read: 58.25 Subd. 5. [REVIEW AND COMMENT.] (a) The county or joint 58.26 planning district shall submit its community-based comprehensive 58.27 plan to the office of strategic and long-range planning for 58.28 review of the extent to which the plan promotes local citizen 58.29 participation, promotes cooperation among adjacent communities, 58.30 and demonstrates consideration of the community-based planning 58.31 goals in section 4A.08.The plan is deemed approved 60 days58.32after submittal to the office, unless the office disagrees with58.33the plan as provided in paragraph (c)The office has 60 days 58.34 after submittal to comment on the plan. 58.35 (b) The office may not disapprove a community-based 58.36 comprehensive plan if the office determines that the planmeets59.1the requirements of this sectionpromotes local citizen 59.2 participation, promotes cooperation among adjacent communities, 59.3 and demonstrates consideration of the community-based planning 59.4 goals in section 4A.08. 59.5 (c) If the office disagrees with a community-based 59.6 comprehensive plan or any elements of the plan, the office shall 59.7 notify the county or district in writing ofthe plan59.8deficiencies and suggested changeshow the plan specifically 59.9 fails to address the goals of community-based planning. Upon 59.10 receipt of the office's written comments, the county or district 59.11 has60120 days to revise the community-based comprehensive plan 59.12 and resubmit it to the office for reconsideration. 59.13 (d) If the county or district refuses to revise the plan or 59.14 the office disagrees with the revised plan, the office shall 59.15 within 60 days notify the county or district that it wishes to 59.16 initiate the dispute resolution process in chapter 572A. 59.17 (e) Within3060 days of notice from the office, the county 59.18 or joint planning district shall notify the office of its intent 59.19 to enter the dispute resolution process. If the county or 59.20 district refuses to enter the dispute resolution process, the 59.21 county or districtshall refund any state grant received foris 59.22 ineligible for any future grant disbursements related to 59.23 community-based planning activities through the office. 59.24 (f) Priority for other state grants, loans, and other 59.25 discretionary spending must not be given to local units of 59.26 government based on their participation in community-based 59.27 planning. 59.28 Sec. 79. Minnesota Statutes 1996, section 469.177, 59.29 subdivision 11, is amended to read: 59.30 Subd. 11. [DEDUCTION FOR ENFORCEMENT COSTS; 59.31 APPROPRIATION.] (a) The county treasurer shall deduct an amount 59.32 equal to0.10.25 percent of any increment distributed to an 59.33 authority or municipality. The county treasurer shall pay the 59.34 amount deducted to the state treasurer for deposit in the state 59.35 general fund. 59.36 (b) The amounts deducted and paid under paragraph (a) are 60.1 appropriated to the state auditor for the cost of (1) the 60.2 financial reporting of tax increment financing information and 60.3 (2) the cost of examining and auditing of authorities' use of 60.4 tax increment financing as provided under section 469.1771, 60.5 subdivision 1. Notwithstanding section 16A.28 or any other law 60.6 to the contrary, this appropriation does not cancel and remains 60.7 available until spent. 60.8 Sec. 80. [SETTLEMENT DIVISION; TRANSFER OF JUDGES.] 60.9 The office of administrative hearings shall establish a 60.10 settlement division. The workers' compensation judges at the 60.11 department of labor and industry, together with their support 60.12 staff, offices, furnishings, equipment, and supplies, are 60.13 transferred to the settlement division of the office of 60.14 administrative hearings. Minnesota Statutes, section 15.039, 60.15 applies to the transfer of employees. The settlement division 60.16 of the office of administrative hearings shall maintain offices 60.17 in the cities of St. Paul, Duluth, and Detroit Lakes. The 60.18 office of a judge in the settlement division of the office of 60.19 administrative hearings and the support staff of the judge may 60.20 be located in a building that contains offices of the department 60.21 of labor and industry. The seniority of a workers' compensation 60.22 judge at the office of administrative hearings, after the 60.23 transfer, shall be based on the total length of service as a 60.24 judge at either agency. For purposes of the commissioner's plan 60.25 under Minnesota Statutes, section 43A.18, subdivision 2, all 60.26 compensation judges at the office of administrative hearings 60.27 shall be considered to be in the same employment condition, the 60.28 same organizational unit and qualified for work in either 60.29 division. 60.30 Sec. 81. [TRANSFER.] 60.31 Subdivision 1. [DUTIES AFFECTED.] (a) The powers and 60.32 duties assigned to the workers' compensation judges at the 60.33 department of labor and industry on July 1, 1997, are 60.34 transferred from the commissioner of labor and industry to the 60.35 chief administrative law judge in the office of administrative 60.36 hearings. The chief administrative law judge may assign the 61.1 transferred powers and duties to the workers' compensation 61.2 judges in the settlement division of the office of 61.3 administrative hearings. These powers and duties include the 61.4 following: 61.5 (1) the authority to conduct settlement conferences and 61.6 issue summary decisions; 61.7 (2) the authority to approve settlement agreements and 61.8 issue orders on agreements; 61.9 (3) the authority to conduct administrative discontinuance 61.10 conferences, make determinations and issue orders regarding the 61.11 discontinuance disputes; 61.12 (4) the authority to issue orders on motions and conduct 61.13 special term evidentiary hearings related to the motions; 61.14 (5) the authority to approve attorney fees and award 61.15 taxable costs; 61.16 (6) the authority to make allocations of dependency 61.17 benefits; 61.18 (7) the authority to issue temporary orders; 61.19 (8) the authority to make an award regarding the remodeling 61.20 of the residence of a handicapped employee; 61.21 (9) the authority to conduct administrative conferences, 61.22 make determinations and issue orders regarding medical disputes 61.23 except where the amount in dispute is $1,500 or less; 61.24 (10) the authority to conduct administrative conferences; 61.25 and 61.26 (11) the authority to conduct administrative conferences, 61.27 make determinations and issue orders regarding any medical or 61.28 rehabilitation dispute where the commissioner of the department 61.29 of labor and industry determines that the issues involved should 61.30 be determined by a judge. 61.31 The other powers and duties of the commissioner of labor 61.32 and industry are unchanged by this section. 61.33 (b) The transfer of the power and duty to conduct 61.34 settlement conferences and approve settlement agreements does 61.35 not affect the ability of the commissioner of the department of 61.36 labor and industry to provide voluntary mediation services and 62.1 approve mediation agreements. The powers and duties assigned to 62.2 the customer assistance teams on July 1, 1997, shall remain at 62.3 the department of labor and industry. These powers shall 62.4 include: 62.5 (1) the authority to conduct voluntary mediation sessions; 62.6 (2) the authority to review mediation agreements and issue 62.7 mediation awards; 62.8 (3) the authority to conduct administrative conferences, 62.9 make determinations, and issue orders regarding rehabilitation 62.10 services and plans; 62.11 (4) the authority to conduct administrative conferences, 62.12 make determinations, and issue orders regarding medical disputes 62.13 when the amount in dispute is $1,500 or less; and 62.14 (5) the authority to award interest in any matter decided 62.15 by the commissioner. 62.16 Subd. 2. [REFERRAL.] Within ten days of filing, the 62.17 commissioner shall refer all claim petitions and petitions for 62.18 temporary orders, statements of attorney fees, objections to 62.19 penalty assessments, and any other formal petitions or related 62.20 filings, to the settlement division of the office of 62.21 administrative hearings for review by a compensation judge, the 62.22 compensation judge shall determine whether a settlement 62.23 conference or other action is appropriate. Within ten days of 62.24 filing, the commissioner shall refer all medical requests except 62.25 where the amount in dispute is $1,500 or less, to the settlement 62.26 division of the office of administrative hearings for 62.27 administrative conference. 62.28 Subd. 3. [PROHIBITION.] The commissioner of administration 62.29 may not use authority in Minnesota Statutes, section 16B.37, nor 62.30 may any other executive branch official use this or any other 62.31 authority, to transfer powers, duties, work, or employees 62.32 relating to workers compensation judges. 62.33 Subd. 4. [EXPIRATION.] Subdivisions 2 and 3 expire 62.34 February 15, 1999. 62.35 Sec. 82. [TRANSFER OF FUNDS.] 62.36 The commissioner of finance shall, after consultation with 63.1 the commissioner of the department of labor and industry and the 63.2 chief administrative law judge, make the appropriate transfer of 63.3 funds from the department of labor and industry to the office of 63.4 administrative hearings. The funds transferred shall be 63.5 sufficient to provide for the smooth operation of the settlement 63.6 division and pay the salaries of all personnel transferred to 63.7 the office of administrative hearings plus the salaries for any 63.8 judge or support staff positions that were filled on October 1, 63.9 1997, but are vacant on the effective date of this act. The 63.10 commissioner of finance shall report to the legislature if the 63.11 appropriation for the department of labor and industry is 63.12 insufficient following the transfer of funds. This section 63.13 expires February 15, 1999. 63.14 Sec. 83. [SMALL CLAIMS COURT TRANSFER.] 63.15 The small claims court at the department of labor and 63.16 industry is transferred to the office of administrative hearings. 63.17 Sec. 84. [NO EFFECT ON CERTAIN AGREEMENTS.] 63.18 Sections 80 to 83 do not abrogate or modify the terms of a 63.19 memorandum of understanding entered into by the state and an 63.20 exclusive representative of state employees affected by the 63.21 transfer of duties in sections 80 to 83. 63.22 Sec. 85. [PORTRAIT.] 63.23 If a private donor provides or provides funds for a museum 63.24 quality portrait of Rudy and Lola Perpich based on the portrait 63.25 currently on display at the Minnesota historical society, the 63.26 state must accept the gift. The commissioner of administration 63.27 shall substitute the portrait of Rudy and Lola Perpich for the 63.28 portrait of Governor Rudy Perpich that currently is displayed on 63.29 the ground floor of the state capitol. 63.30 Sec. 86. [LIVESTOCK INDUSTRY ENVIRONMENTAL STEERING 63.31 COMMITTEE.] 63.32 Subdivision 1. [COMMITTEE.] The environmental quality 63.33 board shall establish the livestock industry environmental 63.34 steering committee consisting of representatives of the 63.35 livestock industry, environmental interests, and other 63.36 stakeholders. The livestock environmental steering committee 64.1 shall advise the environmental quality board on the scope and 64.2 content of the generic environmental impact statement required 64.3 in subdivision 2. 64.4 Compensation of members and reimbursement of their expenses 64.5 is governed by Minnesota Statutes, section 15.059. The 64.6 committee expires upon completion of the generic environmental 64.7 impact statement required in subdivision 2 and presentation of 64.8 the final report to the legislature. 64.9 Subd. 2. [GENERIC ENVIRONMENTAL IMPACT STATEMENT.] A 64.10 generic environmental impact statement must be prepared under 64.11 the direction of the environmental quality board to examine the 64.12 long-term effects of the livestock industry as it exists and as 64.13 it is changing on the economy, environment, and way of life of 64.14 Minnesota and its citizens. The study may address: 64.15 (1) the overall dimensions of animal agriculture in 64.16 Minnesota, including species of livestock; an inventory of 64.17 numbers, types, and locations of facilities; and the related 64.18 support networks and economic activity involved in the life 64.19 cycles of livestock; 64.20 (2) environmental issues associated with livestock 64.21 production from growing feed to raising the animals to their 64.22 shipment to their processing and sale to consumer; effects on 64.23 air, groundwater, surface water, land, and other aspects of the 64.24 environment both within and without the state examined and 64.25 correlated to various management practices, facilities, and 64.26 other variables affecting the environment; 64.27 (3) economic issues such as the various financial and 64.28 ownership arrangements currently or potentially used in the 64.29 industries, patterns of vertical integration, size, long-term 64.30 sustainability of various forms of ownership and production 64.31 methods, access to markets, current and anticipated financial 64.32 trends, effects of governmental policies, and comparative 64.33 economic impact of alternative means of production; and 64.34 (4) the roles of various units of government in regulation 64.35 of various aspects of feedlot operation including federal, 64.36 state, interstate bodies, counties, townships, soil conservation 65.1 districts, watershed districts, and others with planning, 65.2 zoning, or environmental responsibilities. 65.3 Subd. 3. [EXPIRATION.] This section expires on June 30, 65.4 2001. 65.5 Sec. 87. [DEADLINE FOR COMPLIANCE.] 65.6 The technology access standards required by section 27 must 65.7 be developed by January 1, 1999, and a requirement for 65.8 compliance with nonvisual access standards must be included in 65.9 all contracts covered by that section entered into after 65.10 December 31, 1998. Compliance with section 27 in regard to 65.11 information and technology purchased before January 1, 1999, 65.12 must be achieved at the time of procurement of an upgrade or 65.13 replacement of the existing equipment or software. 65.14 Sec. 88. [RULE EFFECTIVE DATE.] 65.15 Rules adopted after February 28, 1998, under Minnesota 65.16 Statutes, section 16B.165 or 216C.19, subdivision 8, or rules 65.17 changing the Minnesota Uniform Mechanical Code, may not take 65.18 effect before May 1, 1999. 65.19 Sec. 89. [INSTRUCTION TO REVISOR.] 65.20 The revisor of statutes shall change the term "settlement 65.21 judge" to "compensation judge" wherever it appears in Minnesota 65.22 Statutes and Minnesota Rules. 65.23 Sec. 90. [REPEALER.] 65.24 Minnesota Statutes 1996, section 3.971, subdivision 3; and 65.25 Minnesota Statutes 1997 Supplement, sections 16A.11, 65.26 subdivisions 3b and 3c; and 241.015, are repealed. 65.27 Sec. 91. [EFFECTIVE DATE.] 65.28 This act is effective the day following final enactment, 65.29 except sections 17, 18, 25, 46, and 73 are effective July 1, 65.30 1998; sections 28 and 69 are effective January 4, 1999; and 65.31 section 79 is effective for increments distributed to an 65.32 authority or municipality after June 30, 1998.