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
7.34 shall must, 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
8.3 shall must 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 guidebook shall must 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 commissioner shall must then
8.16 be accountable for the publication of the same in the State
8.17 Register. The commissioner of administration shall must 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 Register shall must 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 administration shall determine determines. The commissioner of
8.27 administration shall must 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, shall must be provided without cost to the legislative
8.34 reference library and ten copies to the state law library. One
8.35 copy shall must 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 commissioner shall must
9.3 advise the recipient libraries of the significance and content
9.4 of the State Register and shall encourage 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.] By November 30 January 2
9.12 of each even-numbered odd-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 objectives for each major
9.16 program for which the agency will request funding in its next
9.17 biennial budget;
9.18 (3) identification of the populations served by the
9.19 programs that support the agency's mission; and
9.20 (4) workload, efficiency, output, and outcome
9.21 (3) the most important measures for each program goals and
9.22 objectives listed in the report, with data showing each
9.23 programs' actual performance relative to these measures for the
9.24 previous four fiscal years and the performance the agency
9.25 projects it will achieve during the next two fiscal years with
9.26 the level of funding it has requested.
9.27 If it would enhance an understanding of its mission,
9.28 programs, and performance, the agency shall include in its
9.29 report information that describes the broader economic, social,
9.30 and physical environment in which the agency's programs are
9.31 administered.
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 a
10.4 computerized performance data system, the commissioner of
10.5 finance may require agencies to provide performance data
10.6 annually.
10.7 The legislative auditor shall periodically review and
10.8 comment on selected performance reports as provided for by
10.9 section 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 in report to the
10.30 legislature on the performance report required under section
10.31 15.91 to increase the efficiency of agency operations, when
10.32 appropriate and 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 report
10.36 of 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 budget plans or requests estimates 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
13.10 and deliver to the governor and legislature a 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
14.1 four-part three-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, the Detailed
14.11 recommendations as to information technology expenditure, must
14.12 be submitted at the same time the governor submits the budget
14.13 message to the legislature as 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, shall must 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 be
14.26 prepared using performance-based budgeting concepts. In this
14.27 subdivision, "performance-based budgeting" means a budget system
14.28 that identifies agency outcomes and results and provides
14.29 comprehensive information regarding actual and proposed changes
14.30 in funding and outcomes. The detailed estimates shall include
14.31 the governor's budget plan of each agency arranged in tabular
14.32 form so it may readily be compared with the governor's budget
14.33 for 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. They shall
15.3 must also include, as part of each agency's organization chart,
15.4 a summary of the personnel employed by the agency, showing the
15.5 reflected as full-time equivalent positions for the current
15.6 biennium, and the number of full-time equivalent employees of
15.7 all kinds employed by the agency on June 30 of the last complete
15.8 fiscal 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 in report to the
16.31 legislature on the performance report required under section
16.32 15.91 to increase the efficiency of agency operations, when
16.33 appropriate and 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 report
17.1 of 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
20.32 commissioner commissioners 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 the commissioner state. 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 bureaus and
21.30 private collection agencies under contract with the
21.31 commissioner;
21.32 (7) when necessary to 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 of the collection penalty
22.28 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 [COLLECTION PENALTY COSTS.]
23.12 Subdivision 1. [IMPOSITION.] As determined by the
23.13 commissioner of finance, a penalty collection costs shall be
23.14 added to the debts referred to the commissioner or private
23.15 collection agency for collection. The penalty is Collection
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
23.19 the penalty collection costs under this section and the debtor's
23.20 right to cancellation of the penalty collection 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 to the penalty collection 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. Penalties Collection 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. Penalties Collection 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. Penalty
23.33 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 of the penalty collection
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 of the
24.12 penalty collection 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 penalty Collection 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) penalties collection 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 cancel the penalty collection costs under
25.5 subdivision 3 are subject to the contested case procedure under
25.6 chapter 14.
25.7 Subd. 5. [REFUND.] If a penalty is collection costs are
25.8 collected and then canceled, the amount of the penalty
25.9 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.] If the penalty
25.13 is collection 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 of the
25.20 penalty collection 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 of the penalty
25.25 collection costs when a debt is first referred exceed
25.26 three-fifths of the maximum penalty collection costs, and in no
25.27 event shall the rate of the maximum penalty collection costs
25.28 exceed 25 percent of the debt. Determination of the rate of the
25.29 penalty collection 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, or
27.25 release of judgment fees, or any other fees or costs for court
27.26 services may be assessed against the state for collection
27.27 actions filed under this chapter by 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 tax
28.2 credit, child care tax credit, prejudgment debts of $5,000 or
28.3 less, funds exempt under section 550.37, or funds owed an
28.4 individual 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 this chapter section. 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 no opportunity
28.21 to be heard or administrative 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 debtor to contest the
28.24 validity 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 legislature in accordance with section 16A.11 regarding projects
29.29 reviewed, and recommend projects for inclusion in the
29.30 information technology governor'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 services or activities provided 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 technology activity
31.2 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
31.18 activity project 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
31.21 activity project. If the proposed activity project is not
31.22 approved, the commissioner of finance shall cancel the
31.23 unencumbered balance of any appropriation allotted for
31.24 the activity project. 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 any activity project 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 communications activities projects
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 technology
32.11 at the same time as the governor's budget required by section
32.12 16A.11, a concise narrative explanation of the activity any
32.13 information and communication technology project that involves
32.14 collaboration between state agencies and a request for any
32.15 additional appropriation necessary to complete the activity an
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 in report to the
33.33 legislature on the performance report required under section
33.34 15.91 to increase the efficiency of agency operations, when
33.35 appropriate and 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 report
34.3 of 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 in report to the
34.26 legislature on the performance report required under section
34.27 15.91 to increase the efficiency of agency operations, when
34.28 appropriate and 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 report
34.32 of 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 and
36.11 repay within five years after July 1, 1993, any direct
36.12 appropriations received to provide start-up administrative
36.13 costs. Premiums must be established so as to recover and repay
36.14 within five years after July 1, 1993, any direct appropriations
36.15 received 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 in report to the
37.25 legislature on the performance report required under section
37.26 15.91 to increase the efficiency of agency operations, when
37.27 appropriate and 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 report
37.31 of 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 in report to the
38.18 legislature on the performance report required under section
38.19 15.91 to increase the efficiency of agency operations, when
38.20 appropriate and 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 report
38.24 of 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 in report to the
39.11 legislature on the performance report required under section
39.12 15.91 to increase the efficiency of agency operations, when
39.13 appropriate and 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 report
39.17 of 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 in report to the
40.9 legislature on the performance report required under section
40.10 15.91 to increase the efficiency of agency operations, when
40.11 appropriate and 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 report
40.15 of 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 in report to the
41.15 legislature on the performance report required under section
41.16 15.91 to increase the efficiency of agency operations, when
41.17 appropriate and 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 report
41.21 of 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 in report to the
42.8 legislature on the performance report required under section
42.9 15.91 to increase the efficiency of agency operations, when
42.10 appropriate and 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 report
42.14 of 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 in report to the
43.1 legislature on the performance report required under section
43.2 15.91 to increase the efficiency of agency operations, when
43.3 appropriate and 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 report
43.7 of 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 in report to the
43.30 legislature on the performance report required under section
43.31 15.91 to increase the efficiency of agency operations, when
43.32 appropriate and 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 report
43.36 of 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 in report to the
44.23 legislature on the performance report required under section
44.24 15.91 to increase the efficiency of agency operations, when
44.25 appropriate and 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 report
44.29 of 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 in report to the
45.16 legislature on the performance report required under section
45.17 15.91 to increase the efficiency of agency operations, when
45.18 appropriate and 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 report
45.22 of 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 in report to the
46.9 legislature on the performance report required under section
46.10 15.91 to increase the efficiency of agency operations, when
46.11 appropriate and 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 report
46.15 of 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 in report to the
47.2 legislature on the performance report required under sections
47.3 15.91 and 241.015 to increase the efficiency of agency
47.4 operations, when appropriate and 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 report
47.8 of 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 in report to the
48.5 legislature on the performance report required under section
48.6 15.91 to increase the efficiency of agency operations, when
48.7 appropriate and 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 report
48.11 of 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 in report to the
48.34 legislature on the performance report required under section
48.35 15.91 to increase the efficiency of agency operations, when
48.36 appropriate and 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 report
49.4 of 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 in report to the
49.27 legislature on the performance report required under section
49.28 15.91 to increase the efficiency of agency operations, when
49.29 appropriate and 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 report
49.33 of 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 in report to the
50.33 legislature on the performance report required under section
50.34 15.91 to increase the efficiency of agency operations, when
50.35 appropriate and 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 report
51.3 of 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 amounts
52.20 to the lottery operations account which when totaled exceed 14.5
52.21 percent 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 of paragraph
53.27 (a) subdivision 1, clause (1), is a misdemeanor. A violation of
53.28 paragraph (a) subdivision 1, clause (2), is a gross
53.29 misdemeanor. A violation of paragraph (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, within one year
53.35 two years of terminating employment with the lottery, accept
53.36 employment with, act as an agent or attorney for, or otherwise
54.1 represent any person, corporation, or entity that had any
54.2 lottery procurement contract or bid for a lottery procurement
54.3 contract with before the lottery within a period of two years
54.4 prior 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 a fund
55.8 retirement plan listed in this section, the participant may
55.9 repay the refund to that fund plan, notwithstanding any
55.10 restrictions on repayment to that fund plan, 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 of July 1, 1985 or the commencement of the
55.24 employee's participation in the unclassified program, whichever
55.25 is 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; or
57.10 (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 in report to the
58.14 legislature on the performance report required under section
58.15 15.91 to increase the efficiency of agency operations, when
58.16 appropriate and 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 report
58.20 of 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 days
58.32 after submittal to the office, unless the office disagrees with
58.33 the 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 plan meets
59.1 the requirements of this section promotes 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 of the plan
59.8 deficiencies and suggested changes how 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 has 60 120 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) Within 30 60 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 district shall refund any state grant received for is
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 to 0.1 0.25 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.