1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the organization and operation of state 1.3 government; appropriating money for the general 1.4 administrative expenses of state government; modifying 1.5 provisions relating to state government operations; 1.6 modifying budget preparation provisions; providing for 1.7 reimbursement of the health care access fund; amending 1.8 Minnesota Statutes 1996, sections 3.3005, by adding a 1.9 subdivision; 16A.055, subdivision 6; 16A.10, as 1.10 amended; 16A.11, subdivision 3, and by adding a 1.11 subdivision; 16A.501; 16A.72; 16B.04, subdivision 4; 1.12 16B.30; 17.03, subdivision 11; 43A.04, subdivision 1a; 1.13 43A.317, subdivision 8; 45.012; 84.027, subdivision 1.14 14; 116.03, subdivision 2a; 116J.011; 144.05, 1.15 subdivision 2; 174.02, subdivision 1a; 175.001, 1.16 subdivision 6; 190.09, subdivision 2; 196.05, 1.17 subdivision 2; 216A.07, subdivision 6; 268.0122, 1.18 subdivision 6; 270.02, subdivision 3a; 299A.01, 1.19 subdivision 1a; 352D.12; 363.05, subdivision 3; and 1.20 469.177, subdivision 11; Minnesota Statutes 1997 1.21 Supplement, sections 16A.11, subdivision 1; 120.0111; 1.22 241.01, subdivision 3b; and 245.03, subdivision 2; 1.23 amending Laws 1997 chapter 202, article 1, section 11; 1.24 and Laws 1997, Second Special Session chapter 2, 1.25 section 8; proposing coding for new law in Minnesota 1.26 Statutes, chapters 16B; 214; and 325G; repealing 1.27 Minnesota Statutes 1996, sections 3.971, subdivision 1.28 3; 15.90; 15.91; and 15.92; Minnesota Statutes 1997 1.29 Supplement, sections 16A.11, subdivision 3c; and 1.30 241.015. 1.31 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.32 Section 1. [STATE GOVERNMENT APPROPRIATIONS.] 1.33 The sums in the columns headed "APPROPRIATIONS" are 1.34 appropriated from the general fund, or another named fund, to 1.35 the agencies and for the purposes specified to be available for 1.36 the fiscal years indicated for each purpose. 1.37 SUMMARY BY FUND 1.38 1998 1999 2.1 General $ 15,000 $ 31,258,000 2.2 Special Revenue -0- 15,000 2.3 Natural Resources -0- 25,000 2.4 Game and Fish -0- 33,000 2.5 Trunk Highway -0- 55,000 2.6 APPROPRIATIONS 2.7 Available for the Year 2.8 Ending June 30 2.9 1998 1999 2.10 Sec. 2. ATTORNEY GENERAL -0- 24,541,000 2.11 $24,441,000 is for general operations 2.12 and management. 2.13 The commissioner of finance and the 2.14 attorney general shall convene a joint 2.15 executive-legislative task force to 2.16 evaluate: 2.17 (1) the availability of legal services 2.18 from the attorney general's office 2.19 necessary to meet the needs of state 2.20 government; 2.21 (2) the adequacy and suitability of the 2.22 current mechanism for funding legal 2.23 services; 2.24 (3) the appropriateness of billing 2.25 rates to cover the cost of legal 2.26 services; and 2.27 (4) the appropriateness of the current 2.28 process for setting billing rates. 2.29 In addition to representatives of the 2.30 commissioner and the attorney general, 2.31 the task force must include 2.32 representatives of partner and 2.33 nonpartner agencies receiving services 2.34 from the office of the attorney 2.35 general, legislative fiscal staff 2.36 representing committees responsible for 2.37 funding the office of the attorney 2.38 general, and the office of the 2.39 legislative auditor. 2.40 By November 15, 1998, the task force 2.41 shall report the progress and status of 2.42 its evaluation to the committees 2.43 responsible for funding the office of 2.44 the attorney general. By January 15, 2.45 1999, the task force shall make a final 2.46 report to the committees responsible 2.47 for funding the office of the attorney 2.48 general. The final report shall 2.49 identify proposed improvements in the 2.50 current funding system and make 2.51 recommendations to improve the 2.52 availability of legal services, the 2.53 funding of services, and the 2.54 accountability of legal costs by all 2.55 parties. 2.56 $100,000 is to educate citizens with 3.1 respect to telemarketing fraud, as 3.2 provided in new Minnesota Statutes, 3.3 section 325G.53. 3.4 Sec. 3. SECRETARY OF STATE -0- 100,000 3.5 This appropriation is to make necessary 3.6 changes to the statewide voter 3.7 registration system to facilitate 3.8 reassignment of voters to the correct 3.9 precinct and election districts 3.10 following legislative redistricting in 3.11 2002. This appropriation is available 3.12 until June 30, 2000. 3.13 Sec. 4. OFFICE OF STRATEGIC AND 3.14 LONG-RANGE PLANNING 15,000 1,265,000 3.15 $15,000 is appropriated in fiscal year 3.16 1998 and $65,000 is appropriated in 3.17 fiscal year 1999 for census-related 3.18 activities. 3.19 $1,200,000 in fiscal year 1999 is for 3.20 the development of a generic 3.21 environmental impact statement for 3.22 animal feedlots. The environmental 3.23 quality board is to carry out this 3.24 effort in cooperation with the 3.25 Minnesota pollution control agency, 3.26 department of agriculture, and 3.27 department of health. The 3.28 appropriation is available until June 3.29 30, 2000. 3.30 Sec. 5. DEPARTMENT OF 3.31 ADMINISTRATION -0- 3,584,000 3.32 $3,564,000 is appropriated in fiscal 3.33 year 1999 for modifications of state 3.34 business systems to address year 2000 3.35 changes. This appropriation is added 3.36 to the appropriation for technology 3.37 management in Laws 1997, chapter 202, 3.38 article 1, section 12, subdivision 7. 3.39 $20,000 is appropriated to the capitol 3.40 area architectural and planning board 3.41 to cover the cost of commissioning a 3.42 portrait of the governor for 3.43 installation in the capitol. 3.44 Sec. 6. DEPARTMENT OF REVENUE -0- 731,000 3.45 This appropriation is added to the 3.46 appropriation in Laws 1997, chapter 3.47 202, article 1, section 17, subdivision 3.48 8, and must be used to expand the 3.49 Minnesota collection enterprise. The 3.50 legislature estimates that this 3.51 appropriation will result in increased 3.52 revenue to the general fund of 3.53 $1,000,000 in fiscal year 1999. 3.54 Sec. 7. DEPARTMENT OF HEALTH -0- 10,000 3.55 This appropriation is for the 3.56 interagency task force on the 3.57 occupational regulatory coordinating 3.58 council created in section 38 and is 3.59 available the day following final 3.60 enactment. 4.1 Sec. 8. DEPARTMENT OF COMMERCE -0- 10,000 4.2 This appropriation is for the 4.3 interagency task force on the 4.4 occupational regulatory coordinating 4.5 council created in section 38 and is 4.6 available the day following final 4.7 enactment. 4.8 Sec. 9. INSURANCE PREMIUM 4.9 SUPPLEMENT -0- 435,000 4.10 SUMMARY BY FUND 4.11 General Fund -0- 307,000 4.12 Water Recreation -0- 23,000 4.13 Snowmobile -0- 2,000 4.14 Special Revenue -0- 15,000 4.15 Game and Fish -0- 33,000 4.16 Trunk Highway -0- 55,000 4.17 The amounts appropriated are to the 4.18 commissioner of finance for the second 4.19 year of the biennium for transfer to 4.20 agencies affected by cost increases due 4.21 to the extension of eligibility for 4.22 employer-paid premiums for health, 4.23 dental, and life insurance to part-time 4.24 seasonal employees as provided in 4.25 collective bargaining agreements for 4.26 the current biennium. 4.27 The schedule provided in the 1998 4.28 supplemental budget recommendation 4.29 detail page supporting the governor's 4.30 request for these appropriations must 4.31 be applied when determining base-level 4.32 funding of affected agencies for the 4.33 biennium ending June 30, 2001. 4.34 Sec. 10. PUBLIC EMPLOYEES 4.35 RETIREMENT ASSOCIATION -0- 10,000 4.36 This appropriation is the state's share 4.37 of the contribution necessary to fund 4.38 the special surviving spouse benefit 4.39 authorized by S.F. No. 2555, article 2, 4.40 sections 14, 15, and 18, if enacted. 4.41 The amount is payable to the public 4.42 employees retirement association within 4.43 30 days following the receipt by that 4.44 association of the contribution by the 4.45 city of St. Paul under S.F. No. 2555, 4.46 article 2, section 15, if enacted. 4.47 Sec. 11. MINNESOTA STATE 4.48 RETIREMENT SYSTEM 700,000 4.49 This appropriation may be expended 4.50 solely to make the transfer of member 4.51 contributions previously made to the 4.52 general fund under Minnesota Statutes, 4.53 section 3A.03, subdivision 1, or 4.54 352C.09, subdivision 1, as permitted 4.55 under section 352D.12, as amended by 4.56 this act. This appropriation is 5.1 available until June 30, 1999. 5.2 Unless superseded by a later 5.3 appropriation, $100,000 is appropriated 5.4 for the same purposes to be available 5.5 for the fiscal biennium ending June 30, 5.6 2001; $100,000 for the fiscal biennium 5.7 ending June 30, 2003; and $100,000 for 5.8 the fiscal biennium ending June 30, 5.9 2005. 5.10 Sec. 12. Minnesota Statutes 1996, section 3.3005, is 5.11 amended by adding a subdivision to read: 5.12 Subd. 2a. [REVIEW OF FEDERAL FUNDS SPENDING 5.13 REQUEST.] Twenty days after a governor's budget request that 5.14 includes a request to spend federal money is submitted to the 5.15 legislature, a state agency may expend money included in that 5.16 request unless, within the 20-day period, a member of the 5.17 legislative advisory commission requests further review. If a 5.18 legislative advisory commission member requests further review 5.19 of a federal funds spending request, the agency may not expend 5.20 the federal funds until the request has been satisfied and 5.21 withdrawn, the expenditure is approved in law, or the regular 5.22 session of the legislature is adjourned for the year. 5.23 Sec. 13. Minnesota Statutes 1996, section 16A.055, 5.24 subdivision 6, is amended to read: 5.25 Subd. 6. [MISSION; EFFICIENCY.] It is part of the 5.26 department's mission that within the department's resources the 5.27 commissioner shall endeavor to: 5.28 (1) prevent the waste or unnecessary spending of public 5.29 money; 5.30 (2) use innovative fiscal and human resource practices to 5.31 manage the state's resources and operate the department as 5.32 efficiently as possible; 5.33 (3) coordinate the department's activities wherever 5.34 appropriate with the activities of other governmental agencies; 5.35 (4) use technology where appropriate to increase agency 5.36 productivity, improve customer service, increase public access 5.37 to information about government, and increase public 5.38 participation in the business of government; 5.39 (5) utilize constructive and cooperative labor-management 6.1 practices to the extent otherwise required by chapters 43A and 6.2 179A; 6.3 (6)include specific objectives inreport to the 6.4 legislature on the performancereport required under section6.515.91 to increase the efficiencyof agency operations, when6.6appropriateand the accomplishment of agency goals in the 6.7 agency's biennial budget according to section 16A.10, 6.8 subdivision 1; and 6.9 (7) recommend to the legislature, in the performance report6.10of the department required under section 15.91,appropriate 6.11 changes in law necessary to carry out the mission and improve 6.12 the performance of the department. 6.13 Sec. 14. Minnesota Statutes 1996, section 16A.10, as 6.14 amended by Laws 1997, chapter 202, article 2, section 12, is 6.15 amended to read: 6.16 16A.10 [BUDGET PREPARATION.] 6.17 Subdivision 1. [BUDGET FORMAT.] In each even-numbered 6.18 calendar year the commissioner shall prepare budget forms and 6.19 instructions for all agencies, including guidelines for 6.20 reporting agency performance measures, subject to the approval 6.21 of the governor. The commissioner shall request and receive 6.22 advisory recommendations from the chairs of the senate finance 6.23 committee and house of representatives ways and means committee 6.24 before adopting a format for the biennial budget document. By 6.25 June 15, the commissioner shall send the proposed budget forms 6.26 to the appropriations and finance committees. The committees 6.27 have until July 15 to give the commissioner their advisory 6.28 recommendations on possible improvements. To facilitate this 6.29 consultation, the commissioner shall establish a working group 6.30 consisting of executive branch staff and designees of the chairs 6.31 of the senate finance and house of representatives ways and 6.32 means committees. The commissioner must involve this group in 6.33 all stages of development of budget forms and instructions. The 6.34 budget format must show actual expenditures and receipts for the 6.35 two most recent fiscal years, estimated expenditures and 6.36 receipts for the current fiscal year, and estimates for each 7.1 fiscal year of the next biennium. Estimated expenditures must 7.2 be classified by funds and character of expenditures and may be 7.3 subclassified by programs and activities. Agency revenue 7.4 estimates must show how the estimates were made and what factors 7.5 were used. Receipts must be classified by funds, programs, and 7.6 activities. Expenditure and revenue estimates must be based on 7.7 the law in existence at the time the estimates are prepared. 7.8 Subd. 1a. [PURPOSE OF PERFORMANCE DATA.] Performance data 7.9 shall be presented in the budget proposal to: 7.10 (1) provide information so that the legislature can 7.11 determine the extent to which state programs are successful; 7.12 (2) encourage agencies to develop clear goals and 7.13 objectives for their programs; and 7.14 (3) strengthen accountability to Minnesotans by providing a 7.15 record of state government's performance in providing effective 7.16 and efficient services. 7.17 Subd. 1b. [PERFORMANCE DATA FORMAT.] Agencies shall 7.18 present performance data that measures the performance of 7.19 programs in meeting program goals and objectives. Measures 7.20 reported may include indicators of outputs, efficiency, 7.21 outcomes, and other measures relevant to understanding each 7.22 program. Agencies shall present as much historical information 7.23 as needed to understand major trends and shall set targets for 7.24 future performance issues where feasible and appropriate. The 7.25 information shall appropriately highlight agency performance 7.26 issues that would assist legislative review and decision making. 7.27 Subd. 2. [BY OCTOBER 15 AND NOVEMBER 30.] By October 15 of 7.28 each even-numbered year, an agency must file the following with 7.29 the commissioner: 7.30 (1) budget estimates for the most recent and current fiscal 7.31 years; 7.32 (2) its upcoming biennial budget estimates; 7.33 (3) a comprehensive and integrated statement of agency 7.34 missions and outcome and performance measures; and 7.35 (4) a concise explanation of any planned changes in the 7.36 level of services or new activities. 8.1 The commissioner shall prepare and file the budget 8.2 estimates for an agency failing to file them. By November 30, 8.3 the commissioner shall send the final budget format, agency 8.4 budgetplans or requestsestimates for the next biennium, and 8.5 copies of the filed material to the ways and means and finance 8.6 committees, except that the commissioner shall not be required 8.7 to transmit information that identifies executive branch budget 8.8 decision items. At this time, a list of each employee's name, 8.9 title, and salary must be available to the legislature, either 8.10 on paper or through electronic retrieval. 8.11 Subd. 3. [DUTIES TO GOVERNOR-ELECT.] Immediately after the 8.12 election of a new governor, the commissioner shall report the 8.13 budget estimates and make available to the governor-elect all 8.14 department information, staff, and facilities relating to the 8.15 budget. 8.16 Sec. 15. Minnesota Statutes 1997 Supplement, section 8.17 16A.11, subdivision 1, is amended to read: 8.18 Subdivision 1. [WHEN.] The governor shall submit a 8.19four-partthree-part budget to the legislature. Parts one and 8.20 two, the budget message and detailed operating budget, must be 8.21 submitted by the fourth Tuesday in January in each odd-numbered 8.22 year. Part three, the detailed recommendations as to capital 8.23 expenditure, must be submitted as follows: agency capital 8.24 budget requests by July 1 of each odd-numbered year, and 8.25 governor's recommendations by January 15 of each even-numbered 8.26 year.Part four, the detailed recommendations as to information8.27technology expenditure, must be submitted at the same time the8.28governor submits the budget message to the legislature.8.29 Sec. 16. Minnesota Statutes 1996, section 16A.11, 8.30 subdivision 3, is amended to read: 8.31 Subd. 3. [PART TWO: DETAILED BUDGET.] Part two of the 8.32 budget, the detailed budget estimates both of expenditures and 8.33 revenues, shall contain any statements on the financial plan 8.34 which the governor believes desirable or which may be required 8.35 by the legislature.Part of the budget must be prepared using8.36performance-based budgeting concepts. In this subdivision,9.1"performance-based budgeting" means a budget system that9.2identifies agency outcomes and results and provides9.3comprehensive information regarding actual and proposed changes9.4in funding and outcomes.The detailed estimates shall include 9.5 the governor's budgetplan of each agencyarranged in tabular 9.6 formso it may readily be compared with the governor's budget9.7for each agency. They shall also include, as part of each9.8agency's organization chart,a summary of the personnel employed 9.9 by the agency,showing thereflected as full-time equivalent 9.10 positionsfor the current biennium, and the number of full-time9.11equivalent employees of all kinds employed by the agency on June9.1230 of the last complete fiscal year. 9.13 Sec. 17. Minnesota Statutes 1996, section 16A.11, is 9.14 amended by adding a subdivision to read: 9.15 Subd. 6. [BUILDING MAINTENANCE.] The detailed operating 9.16 budget must include amounts necessary to maintain state 9.17 buildings. The commissioner of finance, in consultation with 9.18 the commissioner of administration, appropriate legislative 9.19 committees, the board of trustees of the Minnesota state 9.20 colleges and universities, and the regents of the University of 9.21 Minnesota, shall establish budget guidelines for building 9.22 maintenance appropriations. The budget documents submitted to 9.23 the legislature by the commissioner of finance must include 9.24 budget guidelines for building maintenance appropriations. 9.25 Sec. 18. Minnesota Statutes 1996, section 16A.501, is 9.26 amended to read: 9.27 16A.501 [REPORT ON MATCHING MONEY.] 9.28 The commissioner of finance must report annually to the 9.29 legislature on the degree to which entities receiving 9.30 appropriations of bond proceedscontingent upon obtaining9.31matching money have been successful in raisinghave encumbered 9.32 or expended that money. The report must be submitted to the 9.33 chairs of the house of representatives ways and means committee 9.34 and the senate finance committee by February 1 of each year. 9.35 Sec. 19. Minnesota Statutes 1996, section 16A.72, is 9.36 amended to read: 10.1 16A.72 [INCOME CREDITED TO GENERAL FUND; EXCEPTIONS.] 10.2 All income, including fees or receipts of any nature, shall 10.3 be credited to the general fund, except: 10.4 (1) federal aid; 10.5 (2) contributions, or reimbursements received for any 10.6 account of any division or department for which an appropriation 10.7 is made by law; 10.8 (3) income to the University of Minnesota; 10.9 (4) income to revolving funds now established in 10.10 institutions under the control of the commissioners of 10.11 corrections or human services; 10.12 (5) investment earnings resulting from the master lease 10.13 program, except that the amount credited to another fund or 10.14 account may not exceed the amount of the additional expense 10.15 incurred by that fund or account through participation in the 10.16 master lease program; 10.17 (6) investment earnings resulting from any gift, donation, 10.18 device, endowment, trust, or court ordered or approved escrow 10.19 account or trust fund, which should be credited to the fund or 10.20 account and appropriated for the purpose for which it was 10.21 received; 10.22 (7) receipts from the operation of patients' and inmates' 10.23 stores and vending machines, which shall be deposited in the 10.24 social welfare fund in each institution for the benefit of the 10.25 patients and inmates; 10.26(7)(8) money received in payment for services of inmate 10.27 labor employed in the industries carried on in the state 10.28 correctional facilities which receipts shall be credited to the 10.29 current expense fund of those facilities; 10.30(8)(9) as provided in sections 16B.57 and 85.22; 10.31(9)(10) income to the Minnesota historical society; 10.32(10)(11) the percent of income collected by a private 10.33 collection agency and retained by the collection agency as its 10.34 collection fee; or 10.35(11)(12) as otherwise provided by law. 10.36 Sec. 20. Minnesota Statutes 1996, section 16B.04, 11.1 subdivision 4, is amended to read: 11.2 Subd. 4. [MISSION; EFFICIENCY.] It is part of the 11.3 department's mission that within the department's resources the 11.4 commissioner shall endeavor to: 11.5 (1) prevent the waste or unnecessary spending of public 11.6 money; 11.7 (2) use innovative fiscal and human resource practices to 11.8 manage the state's resources and operate the department as 11.9 efficiently as possible; 11.10 (3) coordinate the department's activities wherever 11.11 appropriate with the activities of other governmental agencies; 11.12 (4) use technology where appropriate to increase agency 11.13 productivity, improve customer service, increase public access 11.14 to information about government, and increase public 11.15 participation in the business of government; 11.16 (5) utilize constructive and cooperative labor-management 11.17 practices to the extent otherwise required by chapters 43A and 11.18 179A; 11.19 (6)include specific objectives inreport to the 11.20 legislature on the performancereport required under section11.2115.91 to increase the efficiencyof agency operations, when11.22appropriateand the accomplishment of agency goals in the 11.23 agency's biennial budget according to section 16A.10, 11.24 subdivision 1; and 11.25 (7) recommend to the legislature, in the performance report11.26of the department required under section 15.91,appropriate 11.27 changes in law necessary to carry out the mission and improve 11.28 the performance of the department. 11.29 Sec. 21. [16B.104] [PROCUREMENT REQUIREMENTS.] 11.30 (a) The commissioner, in consultation with the office of 11.31 technology, shall develop nonvisual technology access 11.32 standards. The standards must be included in all contracts for 11.33 the procurement of information technology by, or for the use of, 11.34 agencies, political subdivisions, and the Minnesota state 11.35 colleges and universities. The University of Minnesota is 11.36 encouraged to consider similar standards. 12.1 (b) The nonvisual access standards must include the 12.2 following minimum specifications: 12.3 (1) that effective, interactive control and use of the 12.4 technology including the operating system, applications 12.5 programs, prompts, and format of the data presented, are readily 12.6 achievable by nonvisual means; 12.7 (2) that the nonvisual access technology must be compatible 12.8 with information technology used by other individuals with whom 12.9 the blind or visually impaired individual must interact; 12.10 (3) that nonvisual access technology must be integrated 12.11 into networks used to share communications among employees, 12.12 program participants, and the public; and 12.13 (4) that the nonvisual access technology must have the 12.14 capability of providing equivalent access by nonvisual means to 12.15 telecommunications or other interconnected network services used 12.16 by persons who are not blind or visually impaired. 12.17 (c) Nothing in this section requires the installation of 12.18 software or peripheral devices used for nonvisual access when 12.19 the information technology is being used by individuals who are 12.20 not blind or visually impaired. 12.21 Sec. 22. [DEADLINE FOR COMPLIANCE.] 12.22 The technology access standards required by section 21 must 12.23 be developed by January 1, 1999, and a requirement for 12.24 compliance with nonvisual access standards must be included in 12.25 all contracts covered by that section entered into after 12.26 December 31, 1998. Compliance with section 21 in regard to 12.27 information and technology purchased before January 1, 1999, 12.28 must be achieved at the time of procurement of an upgrade or 12.29 replacement of the existing equipment or software. 12.30 Sec. 23. [16B.163] [GUARANTEED ENERGY SAVINGS CONTRACTS.] 12.31 After soliciting proposals from providers of energy 12.32 efficiency services, the commissioner may select the one or more 12.33 best qualified providers to enter into guaranteed energy savings 12.34 contracts for the evaluation, recommendation, design, and 12.35 installation of one or more energy conservation measures for one 12.36 or more state buildings. The term of the contract may not 13.1 exceed ten years from the date of final installation. Savings 13.2 in energy and operating costs must be guaranteed by the 13.3 contractor to the extent necessary to cover the costs of the 13.4 contract, including design, implementation, financing, 13.5 maintenance, and installation of the energy conservation 13.6 measures. The contractor shall give sufficient bond to the 13.7 commissioner for its faithful performance. 13.8 Sec. 24. Minnesota Statutes 1996, section 16B.30, is 13.9 amended to read: 13.10 16B.30 [GENERAL AUTHORITY.] 13.11 (a) Subject to other provisions in this chapter, the 13.12 commissioner shall supervise and control the making of all 13.13 contracts for the construction of buildings and for other 13.14 capital improvements to state buildings and structures, other 13.15 than buildings and structures under the control of the board of 13.16 trustees of the Minnesota state colleges and 13.17 universities. Except as provided in paragraph (b), a state 13.18 agency may not undertake improvements of a capital nature 13.19 without specific legislative authority. 13.20 (b) Specific legislative authority is not required for 13.21 projects financed with operating appropriations or agency 13.22 receipts that: 13.23 (1) are undertaken for asset preservation or code 13.24 compliance purposes; 13.25 (2) do not materially increase the net square footage of a 13.26 facility; and 13.27 (3) do not increase the cost of agency programs. 13.28 Sec. 25. Minnesota Statutes 1996, section 17.03, 13.29 subdivision 11, is amended to read: 13.30 Subd. 11. [MISSION; EFFICIENCY.] It is part of the 13.31 department's mission that within the department's resources the 13.32 commissioner shall endeavor to: 13.33 (1) prevent the waste or unnecessary spending of public 13.34 money; 13.35 (2) use innovative fiscal and human resource practices to 13.36 manage the state's resources and operate the department as 14.1 efficiently as possible; 14.2 (3) coordinate the department's activities wherever 14.3 appropriate with the activities of other governmental agencies; 14.4 (4) use technology where appropriate to increase agency 14.5 productivity, improve customer service, increase public access 14.6 to information about government, and increase public 14.7 participation in the business of government; 14.8 (5) utilize constructive and cooperative labor-management 14.9 practices to the extent otherwise required by chapters 43A and 14.10 179A; 14.11 (6)include specific objectives inreport to the 14.12 legislature on the performancereport required under section14.1315.91 to increase the efficiencyof agency operations, when14.14appropriateand the accomplishment of agency goals in the 14.15 agency's biennial budget according to section 16A.10, 14.16 subdivision 1; and 14.17 (7) recommend to the legislature, in the performance report14.18of the department required under section 15.91,appropriate 14.19 changes in law necessary to carry out the mission and improve 14.20 the performance of the department. 14.21 Sec. 26. Minnesota Statutes 1996, section 43A.04, 14.22 subdivision 1a, is amended to read: 14.23 Subd. 1a. [MISSION; EFFICIENCY.] It is part of the 14.24 department's mission that within the department's resources the 14.25 commissioner shall endeavor to: 14.26 (1) prevent the waste or unnecessary spending of public 14.27 money; 14.28 (2) use innovative fiscal and human resource practices to 14.29 manage the state's resources and operate the department as 14.30 efficiently as possible; 14.31 (3) coordinate the department's activities wherever 14.32 appropriate with the activities of other governmental agencies; 14.33 (4) use technology where appropriate to increase agency 14.34 productivity, improve customer service, increase public access 14.35 to information about government, and increase public 14.36 participation in the business of government; 15.1 (5) utilize constructive and cooperative labor-management 15.2 practices to the extent otherwise required by chapters 43A and 15.3 179A; 15.4 (6)include specific objectives inreport to the 15.5 legislature on the performancereport required under section15.615.91 to increase the efficiencyof agency operations, when15.7appropriateand the accomplishment of agency goals in the 15.8 agency's biennial budget according to section 16A.10, 15.9 subdivision 1; and 15.10 (7) recommend to the legislature, in the performance report15.11of the department required under section 15.91,appropriate 15.12 changes in law necessary to carry out the mission and improve 15.13 the performance of the department. 15.14 Sec. 27. Minnesota Statutes 1996, section 43A.317, 15.15 subdivision 8, is amended to read: 15.16 Subd. 8. [PREMIUMS.] (a) [PAYMENTS.] Employers enrolled 15.17 in the program shall pay premiums according to terms established 15.18 by the commissioner. If an employer fails to make the required 15.19 payments, the commissioner may cancel coverage and pursue other 15.20 civil remedies. 15.21 (b) [RATING METHOD.] The commissioner shall determine the 15.22 premium rates and rating method for the program. The rating 15.23 method for eligible small employers must meet or exceed the 15.24 requirements of chapter 62L. The rating methods must recover in 15.25 premiums all of the ongoing costs for state administration and 15.26 for maintenance of a premium stability and claim fluctuation 15.27 reserve.Premiums must be established so as to recover and15.28repay within five years after July 1, 1993, any direct15.29appropriations received to provide start-up administrative15.30costs. Premiums must be established so as to recover and repay15.31within five years after July 1, 1993, any direct appropriations15.32received to establish initial reserves.On June 30, 1999, after 15.33 paying all necessary and reasonable expenses, the commissioner 15.34 must apply up to $2,075,000 of any remaining balance in the 15.35 Minnesota employees' insurance trust fund to repayment of any 15.36 amounts drawn or expended for this program from the health care 16.1 access fund. 16.2 (c) [TAXES AND ASSESSMENTS.] To the extent that the 16.3 program operates as a self-insured group, the premiums paid to 16.4 the program are not subject to the premium taxes imposed by 16.5 sections 60A.15 and 60A.198, but the program is subject to a 16.6 Minnesota comprehensive health association assessment under 16.7 section 62E.11. 16.8 Sec. 28. Minnesota Statutes 1996, section 45.012, is 16.9 amended to read: 16.10 45.012 [COMMISSIONER.] 16.11 (a) The department of commerce is under the supervision and 16.12 control of the commissioner of commerce. The commissioner is 16.13 appointed by the governor in the manner provided by section 16.14 15.06. 16.15 (b) Data that is received by the commissioner or the 16.16 commissioner's designee by virtue of membership or participation 16.17 in an association, group, or organization that is not otherwise 16.18 subject to chapter 13 is confidential or protected nonpublic 16.19 data but may be shared with the department employees as the 16.20 commissioner considers appropriate. The commissioner may 16.21 release the data to any person, agency, or the public if the 16.22 commissioner determines that the access will aid the law 16.23 enforcement process, promote public health or safety, or dispel 16.24 widespread rumor or unrest. 16.25 (c) It is part of the department's mission that within the 16.26 department's resources the commissioner shall endeavor to: 16.27 (1) prevent the waste or unnecessary spending of public 16.28 money; 16.29 (2) use innovative fiscal and human resource practices to 16.30 manage the state's resources and operate the department as 16.31 efficiently as possible; 16.32 (3) coordinate the department's activities wherever 16.33 appropriate with the activities of other governmental agencies; 16.34 (4) use technology where appropriate to increase agency 16.35 productivity, improve customer service, increase public access 16.36 to information about government, and increase public 17.1 participation in the business of government; 17.2 (5) utilize constructive and cooperative labor-management 17.3 practices to the extent otherwise required by chapters 43A and 17.4 179A; 17.5 (6)include specific objectives inreport to the 17.6 legislature on the performancereport required under section17.715.91 to increase the efficiencyof agency operations, when17.8appropriateand the accomplishment of agency goals in the 17.9 agency's biennial budget according to section 16A.10, 17.10 subdivision 1; and 17.11 (7) recommend to the legislature, in the performance report17.12of the department required under section 15.91,appropriate 17.13 changes in law necessary to carry out the mission and improve 17.14 the performance of the department. 17.15 Sec. 29. Minnesota Statutes 1996, section 84.027, 17.16 subdivision 14, is amended to read: 17.17 Subd. 14. [MISSION; EFFICIENCY.] It is part of the 17.18 department's mission that within the department's resources the 17.19 commissioner shall endeavor to: 17.20 (1) prevent the waste or unnecessary spending of public 17.21 money; 17.22 (2) use innovative fiscal and human resource practices to 17.23 manage the state's resources and operate the department as 17.24 efficiently as possible; 17.25 (3) coordinate the department's activities wherever 17.26 appropriate with the activities of other governmental agencies; 17.27 (4) use technology where appropriate to increase agency 17.28 productivity, improve customer service, increase public access 17.29 to information about government, and increase public 17.30 participation in the business of government; 17.31 (5) utilize constructive and cooperative labor-management 17.32 practices to the extent otherwise required by chapters 43A and 17.33 179A; 17.34 (6)include specific objectives inreport to the 17.35 legislature on the performancereport required under section17.3615.91 to increase the efficiencyof agency operations, when18.1appropriateand the accomplishment of agency goals in the 18.2 agency's biennial budget according to section 16A.10, 18.3 subdivision 1; and 18.4 (7) recommend to the legislature, in the performance report18.5of the department required under section 15.91,appropriate 18.6 changes in law necessary to carry out the mission and improve 18.7 the performance of the department. 18.8 Sec. 30. Minnesota Statutes 1996, section 116.03, 18.9 subdivision 2a, is amended to read: 18.10 Subd. 2a. [MISSION; EFFICIENCY.] It is part of the 18.11 agency's mission that within the agency's resources the 18.12 commissioner and the members of the agency shall endeavor to: 18.13 (1) prevent the waste or unnecessary spending of public 18.14 money; 18.15 (2) use innovative fiscal and human resource practices to 18.16 manage the state's resources and operate the agency as 18.17 efficiently as possible; 18.18 (3) coordinate the agency's activities wherever appropriate 18.19 with the activities of other governmental agencies; 18.20 (4) use technology where appropriate to increase agency 18.21 productivity, improve customer service, increase public access 18.22 to information about government, and increase public 18.23 participation in the business of government; 18.24 (5) utilize constructive and cooperative labor-management 18.25 practices to the extent otherwise required by chapters 43A and 18.26 179A; 18.27 (6)include specific objectives inreport to the 18.28 legislature on the performancereport required under section18.2915.91 to increase the efficiencyof agency operations, when18.30appropriateand the accomplishment of agency goals in the 18.31 agency's biennial budget according to section 16A.10, 18.32 subdivision 1; and 18.33 (7) recommend to the legislature, in the performance report18.34of the agency required under section 15.91,appropriate changes 18.35 in law necessary to carry out the mission and improve the 18.36 performance of the agency. 19.1 Sec. 31. Minnesota Statutes 1996, section 116J.011, is 19.2 amended to read: 19.3 116J.011 [MISSION.] 19.4 The mission of the department of trade and economic 19.5 development is to employ all of the available state government 19.6 resources to facilitate an economic environment that produces 19.7 net new job growth in excess of the national average and to 19.8 increase nonresident and resident tourism revenues. It is part 19.9 of the department's mission that within the department's 19.10 resources the commissioner shall endeavor to: 19.11 (1) prevent the waste or unnecessary spending of public 19.12 money; 19.13 (2) use innovative fiscal and human resource practices to 19.14 manage the state's resources and operate the department as 19.15 efficiently as possible; 19.16 (3) coordinate the department's activities wherever 19.17 appropriate with the activities of other governmental agencies; 19.18 (4) use technology where appropriate to increase agency 19.19 productivity, improve customer service, increase public access 19.20 to information about government, and increase public 19.21 participation in the business of government; 19.22 (5) utilize constructive and cooperative labor-management 19.23 practices to the extent otherwise required by chapters 43A and 19.24 179A; 19.25 (6)include specific objectives inreport to the 19.26 legislature on the performancereport required under section19.2715.91 to increase the efficiencyof agency operations, when19.28appropriateand the accomplishment of agency goals in the 19.29 agency's biennial budget according to section 16A.10, 19.30 subdivision 1; and 19.31 (7) recommend to the legislature, in the performance report19.32of the department required under section 15.91,appropriate 19.33 changes in law necessary to carry out the mission and improve 19.34 the performance of the department. 19.35 Sec. 32. Minnesota Statutes 1997 Supplement, section 19.36 120.0111, is amended to read: 20.1 120.0111 [MISSION STATEMENT.] 20.2 The mission of public education in Minnesota, a system for 20.3 lifelong learning, is to ensure individual academic achievement, 20.4 an informed citizenry, and a highly productive work force. This 20.5 system focuses on the learner, promotes and values diversity, 20.6 provides participatory decision making, ensures accountability, 20.7 models democratic principles, creates and sustains a climate for 20.8 change, provides personalized learning environments, encourages 20.9 learners to reach their maximum potential, and integrates and 20.10 coordinates human services for learners. The public schools of 20.11 this state shall serve the needs of the students by cooperating 20.12 with the students' parents and legal guardians to develop the 20.13 students' intellectual capabilities and lifework skills in a 20.14 safe and positive environment. It is part of the department's 20.15 mission that within the department's resources the commissioner 20.16 shall endeavor to: 20.17 (1) prevent the waste or unnecessary spending of public 20.18 money; 20.19 (2) use innovative fiscal and human resource practices to 20.20 manage the state's resources and operate the department as 20.21 efficiently as possible; 20.22 (3) coordinate the department's activities wherever 20.23 appropriate with the activities of other governmental agencies; 20.24 (4) use technology where appropriate to increase agency 20.25 productivity, improve customer service, increase public access 20.26 to information about government, and increase public 20.27 participation in the business of government; 20.28 (5) utilize constructive and cooperative labor-management 20.29 practices to the extent otherwise required by chapters 43A and 20.30 179A; 20.31 (6)include specific objectives inreport to the 20.32 legislature on the performancereport required under section20.3315.91 to increase the efficiencyof agency operations, when20.34appropriateand the accomplishment of agency goals in the 20.35 agency's biennial budget according to section 16A.10, 20.36 subdivision 1; and 21.1 (7) recommend to the legislature, in the performance report21.2of the department required under section 15.91,appropriate 21.3 changes in law necessary to carry out the mission and improve 21.4 the performance of the department. 21.5 Sec. 33. Minnesota Statutes 1996, section 144.05, 21.6 subdivision 2, is amended to read: 21.7 Subd. 2. [MISSION; EFFICIENCY.] It is part of the 21.8 department's mission that within the department's resources the 21.9 commissioner shall endeavor to: 21.10 (1) prevent the waste or unnecessary spending of public 21.11 money; 21.12 (2) use innovative fiscal and human resource practices to 21.13 manage the state's resources and operate the department as 21.14 efficiently as possible; 21.15 (3) coordinate the department's activities wherever 21.16 appropriate with the activities of other governmental agencies; 21.17 (4) use technology where appropriate to increase agency 21.18 productivity, improve customer service, increase public access 21.19 to information about government, and increase public 21.20 participation in the business of government; 21.21 (5) utilize constructive and cooperative labor-management 21.22 practices to the extent otherwise required by chapters 43A and 21.23 179A; 21.24 (6)include specific objectives inreport to the 21.25 legislature on the performancereport required under section21.2615.91 to increase the efficiencyof agency operations, when21.27appropriateand the accomplishment of agency goals in the 21.28 agency's biennial budget according to section 16A.10, 21.29 subdivision 1; and 21.30 (7) recommend to the legislature, in the performance report21.31of the department required under section 15.91,appropriate 21.32 changes in law necessary to carry out the mission and improve 21.33 the performance of the department. 21.34 Sec. 34. Minnesota Statutes 1996, section 174.02, 21.35 subdivision 1a, is amended to read: 21.36 Subd. 1a. [MISSION; EFFICIENCY.] It is part of the 22.1 department's mission that within the department's resources the 22.2 commissioner shall endeavor to: 22.3 (1) prevent the waste or unnecessary spending of public 22.4 money; 22.5 (2) use innovative fiscal and human resource practices to 22.6 manage the state's resources and operate the department as 22.7 efficiently as possible; 22.8 (3) coordinate the department's activities wherever 22.9 appropriate with the activities of other governmental agencies; 22.10 (4) use technology where appropriate to increase agency 22.11 productivity, improve customer service, increase public access 22.12 to information about government, and increase public 22.13 participation in the business of government; 22.14 (5) utilize constructive and cooperative labor-management 22.15 practices to the extent otherwise required by chapters 43A and 22.16 179A; 22.17 (6)include specific objectives inreport to the 22.18 legislature on the performancereport required under section22.1915.91 to increase the efficiencyof agency operations, when22.20appropriateand the accomplishment of agency goals in the 22.21 agency's biennial budget according to section 16A.10, 22.22 subdivision 1; and 22.23 (7) recommend to the legislature, in the performance report22.24of the department required under section 15.91,appropriate 22.25 changes in law necessary to carry out the mission and improve 22.26 the performance of the department. 22.27 Sec. 35. Minnesota Statutes 1996, section 175.001, 22.28 subdivision 6, is amended to read: 22.29 Subd. 6. [MISSION; EFFICIENCY.] It is part of the 22.30 department's mission that within the department's resources the 22.31 commissioner shall endeavor to: 22.32 (1) prevent the waste or unnecessary spending of public 22.33 money; 22.34 (2) use innovative fiscal and human resource practices to 22.35 manage the state's resources and operate the department as 22.36 efficiently as possible; 23.1 (3) coordinate the department's activities wherever 23.2 appropriate with the activities of other governmental agencies; 23.3 (4) use technology where appropriate to increase agency 23.4 productivity, improve customer service, increase public access 23.5 to information about government, and increase public 23.6 participation in the business of government; 23.7 (5) utilize constructive and cooperative labor-management 23.8 practices to the extent otherwise required by chapters 43A and 23.9 179A; 23.10 (6)include specific objectives inreport to the 23.11 legislature on the performancereport required under section23.1215.91 to increase the efficiencyof agency operations, when23.13appropriateand the accomplishment of agency goals in the 23.14 agency's biennial budget according to section 16A.10, 23.15 subdivision 1; and 23.16 (7) recommend to the legislature, in the performance report23.17of the department required under section 15.91,appropriate 23.18 changes in law necessary to carry out the mission and improve 23.19 the performance of the department. 23.20 Sec. 36. Minnesota Statutes 1996, section 190.09, 23.21 subdivision 2, is amended to read: 23.22 Subd. 2. [MISSION; EFFICIENCY.] It is part of the 23.23 department's mission that within the department's resources the 23.24 adjutant general shall endeavor to: 23.25 (1) prevent the waste or unnecessary spending of public 23.26 money; 23.27 (2) use innovative fiscal and human resource practices to 23.28 manage the state's resources and operate the department as 23.29 efficiently as possible; 23.30 (3) coordinate the department's activities wherever 23.31 appropriate with the activities of other governmental agencies; 23.32 (4) use technology where appropriate to increase agency 23.33 productivity, improve customer service, increase public access 23.34 to information about government, and increase public 23.35 participation in the business of government; 23.36 (5) utilize constructive and cooperative labor-management 24.1 practices to the extent otherwise required by chapters 43A and 24.2 179A; 24.3 (6)include specific objectives inreport to the 24.4 legislature on the performancereport required under section24.515.91 to increase the efficiencyof agency operations, when24.6appropriateand the accomplishment of agency goals in the 24.7 agency's biennial budget according to section 16A.10, 24.8 subdivision 1; and 24.9 (7) recommend to the legislature, in the performance report24.10of the department required under section 15.91,appropriate 24.11 changes in law necessary to carry out the mission and improve 24.12 the performance of the department. 24.13 Sec. 37. Minnesota Statutes 1996, section 196.05, 24.14 subdivision 2, is amended to read: 24.15 Subd. 2. [MISSION; EFFICIENCY.] It is part of the 24.16 department's mission that within the department's resources the 24.17 commissioner shall endeavor to: 24.18 (1) prevent the waste or unnecessary spending of public 24.19 money; 24.20 (2) use innovative fiscal and human resource practices to 24.21 manage the state's resources and operate the department as 24.22 efficiently as possible; 24.23 (3) coordinate the department's activities wherever 24.24 appropriate with the activities of other governmental agencies; 24.25 (4) use technology where appropriate to increase agency 24.26 productivity, improve customer service, increase public access 24.27 to information about government, and increase public 24.28 participation in the business of government; 24.29 (5) utilize constructive and cooperative labor-management 24.30 practices to the extent otherwise required by chapters 43A and 24.31 179A; 24.32 (6)include specific objectives inreport to the 24.33 legislature on the performancereport required under section24.3415.91 to increase the efficiencyof agency operations, when24.35appropriateand the accomplishment of agency goals in the 24.36 agency's biennial budget according to section 16A.10, 25.1 subdivision 1; and 25.2 (7) recommend to the legislature, in the performance report25.3of the department required under section 15.91,appropriate 25.4 changes in law necessary to carry out the mission and improve 25.5 the performance of the department. 25.6 Sec. 38. [214.38] [OCCUPATIONAL REGULATORY COORDINATING 25.7 COUNCIL.] 25.8 The occupational regulatory coordinating council consists 25.9 of members appointed by the commissioners of health and commerce 25.10 after consultation with the commissioner of human services and 25.11 the attorney general. The council shall facilitate and 25.12 coordinate the work of executive branch agencies and boards 25.13 charged with the regulation of health-related and 25.14 non-health-related occupations. It shall perform the duties and 25.15 have the powers prescribed by law. The council may consist of 25.16 two or more subunits. 25.17 Sec. 39. [INTERAGENCY TASK FORCE.] 25.18 Subdivision 1. [APPOINTMENTS.] The commissioners of health 25.19 and commerce, after consultation with the commissioner of human 25.20 services, the attorney general, and the entities listed in 25.21 subdivision 2, shall appoint an interagency task force to 25.22 develop detailed proposals for the organization, membership, 25.23 duties, powers, financing, and operation of the council 25.24 established by Minnesota Statutes, section 214.38. The 25.25 commissioners of health and commerce shall determine the 25.26 membership of the task force, and the commissioners, or their 25.27 designees, shall serve as its cochairs. The task force must 25.28 consist of two committees, one chaired by the commissioner of 25.29 commerce, or the commissioner's designee, and dealing with 25.30 non-health-related occupations, and the other chaired by the 25.31 commissioner of health, or the commissioner's designee, and 25.32 dealing with health-related occupations. Each committee may 25.33 appoint advisory subcommittees. The task force expires June 30, 25.34 1999. 25.35 Subd. 2. [ADDITIONAL CONSULTATION.] In appointing the task 25.36 force, the commissioners of health and commerce shall also 26.1 consult with existing state executive branch occupational 26.2 regulatory agencies and boards, occupations currently regulated, 26.3 occupations seeking state regulation, health care providers, and 26.4 organizations representing consumers. Representatives of 26.5 entities listed in this subdivision may be appointed to the task 26.6 force or to advisory subcommittees. 26.7 Subd. 3. [DUTIES.] Each task force committee, addressing 26.8 occupations within its jurisdiction, shall consider how the 26.9 permanent council established by Minnesota Statutes, section 26.10 214.38, can best provide coordination and oversight of state 26.11 occupational regulation and make recommendations to the 26.12 legislature regarding improvements in the existing regulatory 26.13 system. In identifying the duties of the permanent council, 26.14 each task force committee shall consider, at a minimum, those 26.15 listed in section 40. If a committee and, subsequently, the 26.16 task force concludes that a duty listed in section 40 should be 26.17 omitted or modified, the report required by this subdivision 26.18 must include the reasons for the proposed omission or 26.19 modification. Each committee shall complete its work by 26.20 December 1, 1998. The commissioners of health and commerce 26.21 shall then coordinate the findings and recommendations of each 26.22 committee. The commissioners may modify committee findings and 26.23 recommendations to avoid conflicts and assure consistency in the 26.24 regulation and oversight of health-related and 26.25 non-health-related occupations. The committees shall review any 26.26 modifications and adopt the findings and recommendations of the 26.27 task force as a whole. The commissioners shall submit those 26.28 findings and recommendations to the legislature by January 5, 26.29 1999. 26.30 Sec. 40. [PERMANENT COUNCIL; MINIMUM DUTIES.] 26.31 The interagency task force and committees established by 26.32 section 39 shall consider, at a minimum: 26.33 (1) establishing and maintaining a systematic method of 26.34 reviewing and evaluating requests for new occupational 26.35 regulation and substantive changes that broaden the scope of 26.36 existing regulation; 27.1 (2) advising the legislature regarding requests for new or 27.2 revised regulation, identifying the need for regulation, the 27.3 appropriate level of any needed regulation, and the appropriate 27.4 regulatory body; 27.5 (3) giving ongoing consideration to the organization and 27.6 structure of occupational regulation in Minnesota and 27.7 recommending to the legislature any changes that the council may 27.8 from time to time identify as desirable; and 27.9 (4) reviewing the application of Minnesota Statutes, 27.10 chapter 13, to the occupational regulatory and enforcement 27.11 system and, in consultation with the commissioner of 27.12 administration, recommending to the legislature any changes that 27.13 the council may identify as being desirable. 27.14 Sec. 41. Minnesota Statutes 1996, section 216A.07, 27.15 subdivision 6, is amended to read: 27.16 Subd. 6. [MISSION; EFFICIENCY.] It is part of the 27.17 department's mission that within the department's resources the 27.18 commissioner shall endeavor to: 27.19 (1) prevent the waste or unnecessary spending of public 27.20 money; 27.21 (2) use innovative fiscal and human resource practices to 27.22 manage the state's resources and operate the department as 27.23 efficiently as possible; 27.24 (3) coordinate the department's activities wherever 27.25 appropriate with the activities of other governmental agencies; 27.26 (4) use technology where appropriate to increase agency 27.27 productivity, improve customer service, increase public access 27.28 to information about government, and increase public 27.29 participation in the business of government; 27.30 (5) utilize constructive and cooperative labor-management 27.31 practices to the extent otherwise required by chapters 43A and 27.32 179A; 27.33 (6)include specific objectives inreport to the 27.34 legislature on the performancereport required under section27.3515.91 to increase the efficiencyof agency operations, when27.36appropriateand the accomplishment of agency goals in the 28.1 agency's biennial budget according to section 16A.10, 28.2 subdivision 1; and 28.3 (7) recommend to the legislature, in the performance report28.4of the department required under section 15.91,appropriate 28.5 changes in law necessary to carry out the mission and improve 28.6 the performance of the department. 28.7 Sec. 42. Minnesota Statutes 1997 Supplement, section 28.8 241.01, subdivision 3b, is amended to read: 28.9 Subd. 3b. [MISSION; EFFICIENCY.] It is part of the 28.10 department's mission that within the department's resources the 28.11 commissioner shall endeavor to: 28.12 (1) prevent the waste or unnecessary spending of public 28.13 money; 28.14 (2) use innovative fiscal and human resource practices to 28.15 manage the state's resources and operate the department as 28.16 efficiently as possible; 28.17 (3) coordinate the department's activities wherever 28.18 appropriate with the activities of other governmental agencies; 28.19 (4) use technology where appropriate to increase agency 28.20 productivity, improve service to the public, increase public 28.21 access to information about government, and increase public 28.22 participation in the business of government; 28.23 (5) utilize constructive and cooperative labor-management 28.24 practices to the extent otherwise required by chapters 43A and 28.25 179A; 28.26 (6)include specific objectives inreport to the 28.27 legislature on the performancereport required under sections28.2815.91 and 241.015 to increase the efficiencyof agency 28.29 operations, when appropriateand the accomplishment of agency 28.30 goals in the agency's biennial budget according to section 28.31 16A.10, subdivision 1; and 28.32 (7) recommend to the legislature, in the performance report28.33of the department required under sections 15.91 and 241.015,28.34 appropriate changes in law necessary to carry out the 28.35 mission and improve the performance of the department. 28.36 Sec. 43. Minnesota Statutes 1997 Supplement, section 29.1 245.03, subdivision 2, is amended to read: 29.2 Subd. 2. [MISSION; EFFICIENCY.] It is part of the 29.3 department's mission that within the department's resources the 29.4 commissioner shall endeavor to: 29.5 (1) prevent the waste or unnecessary spending of public 29.6 money; 29.7 (2) use innovative fiscal and human resource practices to 29.8 manage the state's resources and operate the department as 29.9 efficiently as possible, including the authority to consolidate 29.10 different nonentitlement grant programs, having similar 29.11 functions or serving similar populations, as may be determined 29.12 by the commissioner, while protecting the original purposes of 29.13 the programs. Nonentitlement grant funds consolidated by the 29.14 commissioner shall be reflected in the department's biennial 29.15 budget. With approval of the commissioner, vendors who are 29.16 eligible for funding from any of the commissioner's granting 29.17 authority under section 256.01, subdivision 2, paragraph (1), 29.18 clause (f), may submit a single application for a grant 29.19 agreement including multiple awards; 29.20 (3) coordinate the department's activities wherever 29.21 appropriate with the activities of other governmental agencies; 29.22 (4) use technology where appropriate to increase agency 29.23 productivity, improve customer service, increase public access 29.24 to information about government, and increase public 29.25 participation in the business of government; 29.26 (5) utilize constructive and cooperative labor-management 29.27 practices to the extent otherwise required by chapters 43A and 29.28 179A; 29.29 (6)include specific objectives inreport to the 29.30 legislature on the performancereport required under section29.3115.91 to increase the efficiencyof agency operations, when29.32appropriateand the accomplishment of agency goals in the 29.33 agency's biennial budget according to section 16A.10, 29.34 subdivision 1; and 29.35 (7) recommend to the legislature, in the performance report29.36of the department required under section 15.91,appropriate 30.1 changes in law necessary to carry out the mission and improve 30.2 the performance of the department. 30.3 Sec. 44. Minnesota Statutes 1996, section 268.0122, 30.4 subdivision 6, is amended to read: 30.5 Subd. 6. [MISSION; EFFICIENCY.] It is part of the 30.6 department's mission that within the department's resources the 30.7 commissioner shall endeavor to: 30.8 (1) prevent the waste or unnecessary spending of public 30.9 money; 30.10 (2) use innovative fiscal and human resource practices to 30.11 manage the state's resources and operate the department as 30.12 efficiently as possible; 30.13 (3) coordinate the department's activities wherever 30.14 appropriate with the activities of other governmental agencies; 30.15 (4) use technology where appropriate to increase agency 30.16 productivity, improve customer service, increase public access 30.17 to information about government, and increase public 30.18 participation in the business of government; 30.19 (5) utilize constructive and cooperative labor-management 30.20 practices to the extent otherwise required by chapters 43A and 30.21 179A; 30.22 (6)include specific objectives inreport to the 30.23 legislature on the performancereport required under section30.2415.91 to increase the efficiencyof agency operations, when30.25appropriateand the accomplishment of agency goals in the 30.26 agency's biennial budget according to section 16A.10, 30.27 subdivision 1; and 30.28 (7) recommend to the legislature, in the performance report30.29of the department required under section 15.91,appropriate 30.30 changes in law necessary to carry out the mission and improve 30.31 the performance of the department. 30.32 Sec. 45. Minnesota Statutes 1996, section 270.02, 30.33 subdivision 3a, is amended to read: 30.34 Subd. 3a. [MISSION; EFFICIENCY.] It is part of the 30.35 department's mission that within the department's resources the 30.36 commissioner shall endeavor to: 31.1 (1) prevent the waste or unnecessary spending of public 31.2 money; 31.3 (2) use innovative fiscal and human resource practices to 31.4 manage the state's resources and operate the department as 31.5 efficiently as possible; 31.6 (3) coordinate the department's activities wherever 31.7 appropriate with the activities of other governmental agencies; 31.8 (4) use technology where appropriate to increase agency 31.9 productivity, improve customer service, increase public access 31.10 to information about government, and increase public 31.11 participation in the business of government; 31.12 (5) utilize constructive and cooperative labor-management 31.13 practices to the extent otherwise required by chapters 43A and 31.14 179A; 31.15 (6)include specific objectives inreport to the 31.16 legislature on the performancereport required under section31.1715.91 to increase the efficiencyof agency operations, when31.18appropriateand the accomplishment of agency goals in the 31.19 agency's biennial budget according to section 16A.10, 31.20 subdivision 1; and 31.21 (7) recommend to the legislature, in the performance report31.22of the department required under section 15.91,appropriate 31.23 changes in law necessary to carry out the mission and improve 31.24 the performance of the department. 31.25 Sec. 46. Minnesota Statutes 1996, section 299A.01, 31.26 subdivision 1a, is amended to read: 31.27 Subd. 1a. [MISSION; EFFICIENCY.] It is part of the 31.28 department's mission that within the department's resources the 31.29 commissioner shall endeavor to: 31.30 (1) prevent the waste or unnecessary spending of public 31.31 money; 31.32 (2) use innovative fiscal and human resource practices to 31.33 manage the state's resources and operate the department as 31.34 efficiently as possible; 31.35 (3) coordinate the department's activities wherever 31.36 appropriate with the activities of other governmental agencies; 32.1 (4) use technology where appropriate to increase agency 32.2 productivity, improve customer service, increase public access 32.3 to information about government, and increase public 32.4 participation in the business of government; 32.5 (5) utilize constructive and cooperative labor-management 32.6 practices to the extent otherwise required by chapters 43A and 32.7 179A; 32.8 (6)include specific objectives inreport to the 32.9 legislature on the performancereport required under section32.1015.91 to increase the efficiencyof agency operations, when32.11appropriateand the accomplishment of agency goals in the 32.12 agency's biennial budget according to section 16A.10, 32.13 subdivision 1; and 32.14 (7) recommend to the legislature, in the performance report32.15of the department required under section 15.91,appropriate 32.16 changes in law necessary to carry out the mission and improve 32.17 the performance of the department. 32.18 Sec. 47. [325G.53] [CONSUMER EDUCATION; TELEMARKETING 32.19 FRAUD.] 32.20 Subdivision 1. [ESTABLISHMENT.] The attorney general shall 32.21 establish an outreach advocacy network to educate citizens of 32.22 the state with respect to telemarketing fraud. 32.23 Subd. 2. [DUTIES.] The advocacy network shall: 32.24 (1) conduct clinics and seminars throughout the state to 32.25 educate consumers with respect to telemarketing fraud, including 32.26 providing an explanation of rights under federal and state law, 32.27 and recommending effective strategies to combat fraud, with 32.28 particular emphasis placed on educating consumers in greater 32.29 Minnesota and isolated areas of the state where victims may be 32.30 targeted; 32.31 (2) facilitate outreach to groups particularly susceptible 32.32 to telemarketing fraud by training advocates for senior citizens 32.33 and other consumer groups to conduct clinics and seminars in 32.34 their communities; 32.35 (3) prepare and publish informational brochures on 32.36 telemarketing fraud for distribution to consumers; 33.1 (4) serve as an information clearinghouse within the state 33.2 to assist consumers and others to obtain information with 33.3 respect to current fraudulent telemarketing activity in the 33.4 state; 33.5 (5) serve as a resource and provide assistance to local 33.6 prosecutors and law enforcement; and 33.7 (6) identify those occupations in which persons may be in a 33.8 good position to spot telemarketing fraud, and develop 33.9 specialized training programs for those persons. 33.10 Sec. 48. Minnesota Statutes 1996, section 352D.12, is 33.11 amended to read: 33.12 352D.12 [TRANSFER OF PRIOR SERVICE CONTRIBUTIONS.] 33.13 (a) An employee who is a participant in the unclassified 33.14 program and who has prior service credit in a covered plan under 33.15 chapters 3A, 352, 352C, 353, 354, 354A, and 422A may, within the 33.16 time limits specified in this section, elect to transfer to the 33.17 unclassified program prior service contributions to one or more 33.18 of those plans. Participants with six or more years of prior 33.19 service credit in a plan governed by chapter 3A or 352C on July 33.20 1, 1998, may not transfer prior service contributions. 33.21 Participants with less than six years of prior service credit in 33.22 a plan governed by chapter 3A or 352C on July 1, 1998, must be 33.23 contributing to the unclassified plan on or after January 5, 33.24 1999, in order to transfer prior contributions. 33.25 (b) For participants with prior service credit in a plan 33.26 governed by chapter 352, 353, 354, 354A, or 422A, "prior service 33.27 contributions" means the accumulated employee and equal employer 33.28 contributions with interest at an annual rate of 8.5 percent 33.29 compounded annually, based on fiscal year balances. For 33.30 participants with less than six years of service credit as of 33.31 July 1, 1998, and with prior service credit in a plan governed 33.32 by chapter 3A or 352C, "prior service contributions" means twice 33.33 the amount of the accumulated member contributions plus annual 33.34 compound interest at the rate of 8.5 percent, computed on fiscal 33.35 year balances. 33.36 (c) If a participant has taken a refund from afund34.1 retirement plan listed in this section, the participant may 34.2 repay the refund to thatfundplan, notwithstanding any 34.3 restrictions on repayment to thatfundplan, plus 8.5 percent 34.4 interest compounded annually and have the accumulated employee 34.5 and equal employer contributions transferred to the unclassified 34.6 program with interest at an annual rate of 8.5 percent 34.7 compounded annually based on fiscal year balances. If a person 34.8 repays a refund and subsequently elects to have the money 34.9 transferred to the unclassified program, the repayment amount, 34.10 including interest, is added to the fiscal year balance in the 34.11 year which the repayment was made. 34.12 (d) A participant electing to transfer prior service 34.13 contributions credited to a retirement plan governed by chapter 34.14 352, 353, 354, 354A, or 422A as provided under this section must 34.15 complete the application for the transfer and repay any refund 34.16 within one year ofJuly 1, 1985 orthe commencement of the 34.17 employee's participation in the unclassified program, whichever34.18is later. A participant electing to transfer prior service 34.19 contributions credited to a retirement plan governed by chapter 34.20 3A or 352C as provided under this section must complete the 34.21 application for the transfer and repay any refund between 34.22 January 5, 1999, and June 1, 1999, if the employee commenced 34.23 participation in the unclassified program before January 5, 34.24 1999, or within one year of the commencement of the employee's 34.25 participation in the unclassified program if the employee 34.26 commenced participation in the unclassified program after 34.27 January 4, 1999. 34.28 Sec. 49. Minnesota Statutes 1996, section 363.05, 34.29 subdivision 3, is amended to read: 34.30 Subd. 3. [MISSION; EFFICIENCY.] It is part of the 34.31 department's mission that within the department's resources the 34.32 commissioner shall endeavor to: 34.33 (1) prevent the waste or unnecessary spending of public 34.34 money; 34.35 (2) use innovative fiscal and human resource practices to 34.36 manage the state's resources and operate the department as 35.1 efficiently as possible; 35.2 (3) coordinate the department's activities wherever 35.3 appropriate with the activities of other governmental agencies; 35.4 (4) use technology where appropriate to increase agency 35.5 productivity, improve customer service, increase public access 35.6 to information about government, and increase public 35.7 participation in the business of government; 35.8 (5) utilize constructive and cooperative labor-management 35.9 practices to the extent otherwise required by chapters 43A and 35.10 179A; 35.11 (6)include specific objectives inreport to the 35.12 legislature on the performancereport required under section35.1315.91 to increase the efficiencyof agency operations, when35.14appropriateand the accomplishment of agency goals in the 35.15 agency's biennial budget according to section 16A.10, 35.16 subdivision 1; and 35.17 (7) recommend to the legislature, in the performance report35.18of the department required under section 15.91,appropriate 35.19 changes in law necessary to carry out the mission and improve 35.20 the performance of the department. 35.21 Sec. 50. Minnesota Statutes 1996, section 469.177, 35.22 subdivision 11, is amended to read: 35.23 Subd. 11. [DEDUCTION FOR ENFORCEMENT COSTS; 35.24 APPROPRIATION.] (a) The county treasurer shall deduct an amount 35.25 equal to0.10.25 percent of any increment distributed to an 35.26 authority or municipality. The county treasurer shall pay the 35.27 amount deducted to the state treasurer for deposit in the state 35.28 general fund. 35.29 (b) The amounts deducted and paid under paragraph (a) are 35.30 appropriated to the state auditor for the cost of (1) the 35.31 financial reporting of tax increment financing information and 35.32 (2) the cost of examining and auditing of authorities' use of 35.33 tax increment financing as provided under section 469.1771, 35.34 subdivision 1. Notwithstanding section 16A.28 or any other law 35.35 to the contrary, this appropriation does not cancel and remains 35.36 available until spent. 36.1 Sec. 51. Laws 1997, chapter 202, article 1, section 11, is 36.2 amended to read: 36.3 Sec. 11. OFFICE OF STRATEGIC 36.4 AND LONG-RANGE PLANNING 4,973,000 5,317,000 36.5 $175,000 the first year and $175,000 36.6 the second year are for statewide 36.7 grants to implement teen courts pilot 36.8 projects. Up to five percent of the 36.9 appropriation may be used to administer 36.10 the program. This appropriation shall 36.11 not be included in the agency's base 36.12 for future bienniums. 36.13 $165,000 the first year 36.14 and$165,000$389,000 the second year 36.15 are for community-based planning and 36.16 the advisory council on community-based 36.17 planning. 36.18 $375,000 the second year is for 36.19 planning grants to counties, joint 36.20 planning districts that include at 36.21 least one county, or to a county and 36.22 one or more municipalities within the 36.23 county, when they submit a joint 36.24 planning application to prepare 36.25 community-based plans. A county 36.26 receiving a grant may provide funding 36.27 to municipalities within the county for 36.28 purposes of the grant. The office 36.29 shall give priority for grants to joint 36.30 planning districts or joint 36.31 applications from a county and one or 36.32 more municipalities. This 36.33 appropriation is available until June 36.34 30, 2000. 36.35$375,000$151,000 the second year is 36.36 for technology grants to counties, or 36.37 joint planning districts that include 36.38 at least one county, that elect to 36.39 prepare community-based plans. This 36.40 appropriation is available until June 36.41 30, 2000. 36.42 $350,000 the first year is to make a 36.43 grant to a joint powers board, if one 36.44 is established by the counties of 36.45 Benton, Sherburne, and Stearns, and the 36.46 cities of St. Cloud, Waite Park, 36.47 Sartell, St. Joseph, and Sauk Rapids, 36.48 for the purposes of joint planning 36.49 under this act. Other cities and towns 36.50 within the counties may elect to 36.51 participate in the joint planning 36.52 district. The director may make the 36.53 grant once the joint powers board has 36.54 been formed and a copy of the joint 36.55 powers agreement has been received by 36.56 the director. Members of the joint 36.57 powers board may delegate their 36.58 authority to adopt official controls to 36.59 the joint powers board. 36.60 $150,000 the first year is to make 36.61 three grants to additional counties or 36.62 joint powers boards selected to 36.63 participate in the community-based 37.1 planning pilot project. A county that 37.2 receives a grant from this 37.3 appropriation may provide funding to 37.4 municipalities within the county for 37.5 purposes relating to the grant. 37.6 Sec. 52. Laws 1997, Second Special Session chapter 2, 37.7 section 8, is amended to read: 37.8 Sec. 8. STRATEGIC AND LONG-RANGE 37.9 PLANNING 100,000 37.10 This is a one-time appropriation from 37.11 the general fund todevelop an37.12application for federal empowerment37.13zone and enterprise credits for local37.14communities and not-for-profit37.15organizationsassist local communities 37.16 and not-for-profit organizations in 37.17 developing long-range strategic 37.18 community planning efforts and in 37.19 applying for grant dollars to support 37.20 local planning efforts and in applying 37.21 for grant dollars to support local 37.22 planning and implementation efforts. 37.23 Sec. 53. [ADMINISTRATIVE HEARINGS; SETTLEMENT DIVISION.] 37.24 Subdivision 1. [SETTLEMENT DIVISION; TRANSFER OF 37.25 JUDGES.] The office of administrative hearings shall establish a 37.26 settlement division. The workers' compensation judges at the 37.27 department of labor and industry, together with their support 37.28 staff, offices, furnishings, equipment, and supplies are 37.29 transferred to the settlement division of the office of 37.30 administrative hearings in accordance with Minnesota Statutes, 37.31 section 15.039. The settlement division of the office of 37.32 administrative hearings must maintain offices in the cities of 37.33 St. Paul, Duluth, and Detroit Lakes. The office of a judge in 37.34 the settlement division of the office of administrative hearings 37.35 and the support staff of the judge may be located in a building 37.36 that contains offices of the department of labor and industry. 37.37 The seniority of a workers' compensation judge at the office of 37.38 administrative hearings, after the transfer, must be based on 37.39 the total length of service as a judge at either agency. 37.40 Subd. 2. [TRANSFER OF DUTIES.] The powers and duties 37.41 assigned to the workers' compensation judges at the department 37.42 of labor and industry on July 1, 1997, are transferred to 37.43 workers' compensation judges at the office of administrative 37.44 hearings. The powers and duties assigned to the customer 38.1 assistance teams on July 1, 1997, remain at the department of 38.2 labor and industry. 38.3 The powers and duties of the commissioner of labor and 38.4 industry are unchanged by this section. The powers and duties 38.5 that remain with the customer assistance teams include, but are 38.6 not limited to: 38.7 (1) all authority, orders, and documents necessary to 38.8 review mediation resolutions and to issue mediation awards, as 38.9 provided by Minnesota Statutes, section 176.521, and Minnesota 38.10 Rules, part 5220.2670; 38.11 (2) all authority, orders, and documents regarding 38.12 rehabilitation services and plans and the monitoring of 38.13 rehabilitation consultants and vendors, as provided for in 38.14 Minnesota Statutes, section 176.102; 38.15 (3) conducting administrative conferences and issuing 38.16 administrative decisions as provided for in Minnesota Statutes, 38.17 section 176.106; 38.18 (4) determinations, orders, and documents under Minnesota 38.19 Statutes, sections 176.103, 176.135, 176.136, and 176.231; 38.20 (5) determinations and orders under interest provisions set 38.21 forth in Minnesota Statutes, sections 176.191, 176.221, and 38.22 176.361; and 38.23 (6) all authority, orders, and documents necessary to 38.24 initiate proceedings under Minnesota Statutes, section 176.271. 38.25 Subd. 3. [TRANSFER OF FUNDS.] The commissioner of finance, 38.26 after consultation with the commissioner of the department of 38.27 labor and industry and the chief administrative law judge, shall 38.28 make the appropriate transfer of funds from the department of 38.29 labor and industry to the office of administrative hearings. 38.30 The funds transferred must be sufficient to provide for the 38.31 smooth running of the settlement division and pay the salaries 38.32 of all personnel transferred to the office of administrative 38.33 hearings plus the salaries for any judge or support staff 38.34 positions that were filled on October 1, 1997, but are vacant on 38.35 the effective date of this act. The commissioner of finance 38.36 shall report to the legislature if the appropriation for the 39.1 department of labor and industry is insufficient following the 39.2 transfer of funds. 39.3 Subd. 4. [SMALL CLAIMS COURT TRANSFER.] The small claims 39.4 court at the department of labor and industry is transferred to 39.5 the office of administrative hearings. 39.6 Subd. 5. [INSTRUCTION TO REVISOR.] The revisor of statutes 39.7 shall replace the term "settlement judge" with the term 39.8 "compensation judge" wherever it appears in Minnesota Statutes 39.9 and Minnesota Rules. 39.10 Subd. 6. [NO EFFECT ON CERTAIN AGREEMENTS.] This section 39.11 does not abrogate or modify the terms of a memorandum of 39.12 understanding entered into by the state and an exclusive 39.13 representative of state employees affected by the transfer of 39.14 duties in this section. 39.15 Sec. 54. [REPEALER.] 39.16 Minnesota Statutes 1996, sections 3.971, subdivision 3; 39.17 15.90; 15.91; and 15.92; and Minnesota Statutes 1997 Supplement, 39.18 sections 16A.11, subdivision 3c; and 241.015, are repealed. 39.19 Sec. 55. [EFFECTIVE DATE.] 39.20 This act is effective the day following final enactment, 39.21 except that section 17 is effective for the budget for the 39.22 fiscal year beginning July 1, 1999, and thereafter; section 49 39.23 is effective for increments distributed to an authority or 39.24 municipality after June 30, 1998; section 47 is effective July 39.25 1, 1998; sections 21 and 22 are effective on August 1, 1998; and 39.26 section 38 is effective July 1, 1999.