SF 3354

2nd 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            Laws 1994, chapter 632, article 3, section 12, as 
  1.24            amended; Laws 1997 chapter 202, article 1, section 11; 
  1.25            and Laws 1997, Second Special Session chapter 2, 
  1.26            section 8; proposing coding for new law in Minnesota 
  1.27            Statutes, chapters 16B; 214; and 325G; repealing 
  1.28            Minnesota Statutes 1996, sections 3.971, subdivision 
  1.29            3; 15.90; 15.91; and 15.92; Minnesota Statutes 1997 
  1.30            Supplement, sections 16A.11, subdivision 3c; and 
  1.31            241.015. 
  1.32  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.33  Section 1.  [STATE GOVERNMENT APPROPRIATIONS.] 
  1.34     The sums in the columns headed "APPROPRIATIONS" are 
  1.35  appropriated from the general fund, or another named fund, to 
  1.36  the agencies and for the purposes specified to be available for 
  1.37  the fiscal years indicated for each purpose. 
  1.38                          SUMMARY BY FUND
  2.1                                             1998         1999
  2.2   General                           $       15,000 $   31,258,000
  2.3   Special Revenue                            -0-           15,000
  2.4   Natural Resources                          -0-           25,000
  2.5   Game and Fish                              -0-           33,000
  2.6   Trunk Highway                              -0-           55,000
  2.7                                              APPROPRIATIONS 
  2.8                                          Available for the Year 
  2.9                                              Ending June 30 
  2.10                                            1998         1999 
  2.11  Sec. 2.  ATTORNEY GENERAL                  -0-       24,541,000
  2.12  $24,441,000 is for general operations 
  2.13  and management. 
  2.14  The commissioner of finance and the 
  2.15  attorney general shall convene a joint 
  2.16  executive-legislative task force to 
  2.17  evaluate: 
  2.18  (1) the availability of legal services 
  2.19  from the attorney general's office 
  2.20  necessary to meet the needs of state 
  2.21  government; 
  2.22  (2) the adequacy and suitability of the 
  2.23  current mechanism for funding legal 
  2.24  services; 
  2.25  (3) the appropriateness of billing 
  2.26  rates to cover the cost of legal 
  2.27  services; and 
  2.28  (4) the appropriateness of the current 
  2.29  process for setting billing rates. 
  2.30  In addition to representatives of the 
  2.31  commissioner and the attorney general, 
  2.32  the task force must include 
  2.33  representatives of partner and 
  2.34  nonpartner agencies receiving services 
  2.35  from the office of the attorney 
  2.36  general, legislative fiscal staff 
  2.37  representing committees responsible for 
  2.38  funding the office of the attorney 
  2.39  general, and the office of the 
  2.40  legislative auditor. 
  2.41  By November 15, 1998, the task force 
  2.42  shall report the progress and status of 
  2.43  its evaluation to the committees 
  2.44  responsible for funding the office of 
  2.45  the attorney general.  By January 15, 
  2.46  1999, the task force shall make a final 
  2.47  report to the committees responsible 
  2.48  for funding the office of the attorney 
  2.49  general.  The final report shall 
  2.50  identify proposed improvements in the 
  2.51  current funding system and make 
  2.52  recommendations to improve the 
  2.53  availability of legal services, the 
  2.54  funding of services, and the 
  2.55  accountability of legal costs by all 
  2.56  parties. 
  3.1   $100,000 is to educate citizens with 
  3.2   respect to telemarketing fraud, as 
  3.3   provided in new Minnesota Statutes, 
  3.4   section 325G.53. 
  3.5   Sec. 3.  SECRETARY OF STATE                -0-          100,000
  3.6   This appropriation is to make necessary 
  3.7   changes to the statewide voter 
  3.8   registration system to facilitate 
  3.9   reassignment of voters to the correct 
  3.10  precinct and election districts 
  3.11  following legislative redistricting in 
  3.12  2002.  This appropriation is available 
  3.13  until June 30, 2000. 
  3.14  Sec. 4.  OFFICE OF STRATEGIC AND
  3.15  LONG-RANGE PLANNING                       15,000      1,265,000
  3.16  $15,000 is appropriated in fiscal year 
  3.17  1998 and $65,000 is appropriated in 
  3.18  fiscal year 1999 for census-related 
  3.19  activities. 
  3.20  $1,200,000 in fiscal year 1999 is for 
  3.21  the development of a generic 
  3.22  environmental impact statement for 
  3.23  animal feedlots.  The environmental 
  3.24  quality board is to carry out this 
  3.25  effort in cooperation with the 
  3.26  Minnesota pollution control agency, 
  3.27  department of agriculture, and 
  3.28  department of health.  The 
  3.29  appropriation is available until June 
  3.30  30, 2000. 
  3.31  Sec. 5.  DEPARTMENT OF
  3.32  ADMINISTRATION                             -0-        3,584,000
  3.33  $3,564,000 is appropriated in fiscal 
  3.34  year 1999 for modifications of state 
  3.35  business systems to address year 2000 
  3.36  changes.  This appropriation is added 
  3.37  to the appropriation for technology 
  3.38  management in Laws 1997, chapter 202, 
  3.39  article 1, section 12, subdivision 7. 
  3.40  $20,000 is appropriated to the capitol 
  3.41  area architectural and planning board 
  3.42  to cover the cost of commissioning a 
  3.43  portrait of the governor for 
  3.44  installation in the capitol. 
  3.45  Sec. 6.  DEPARTMENT OF REVENUE             -0-          731,000
  3.46  This appropriation is added to the 
  3.47  appropriation in Laws 1997, chapter 
  3.48  202, article 1, section 17, subdivision 
  3.49  8, and must be used to expand the 
  3.50  Minnesota collection enterprise.  The 
  3.51  legislature estimates that this 
  3.52  appropriation will result in increased 
  3.53  revenue to the general fund of 
  3.54  $1,000,000 in fiscal year 1999. 
  3.55  Sec. 7.  DEPARTMENT OF HEALTH              -0-           10,000
  3.56  This appropriation is for the 
  3.57  interagency task force on the 
  3.58  occupational regulatory coordinating 
  3.59  council created in section 38 and is 
  3.60  available the day following final 
  4.1   enactment. 
  4.2   Sec. 8.  DEPARTMENT OF COMMERCE            -0-           10,000
  4.3   This appropriation is for the 
  4.4   interagency task force on the 
  4.5   occupational regulatory coordinating 
  4.6   council created in section 38 and is 
  4.7   available the day following final 
  4.8   enactment. 
  4.9   Sec. 9.  INSURANCE PREMIUM
  4.10  SUPPLEMENT                                 -0-          435,000
  4.11                          SUMMARY BY FUND
  4.12  General Fund            -0-           307,000
  4.13  Water Recreation        -0-            23,000
  4.14  Snowmobile              -0-             2,000
  4.15  Special Revenue         -0-            15,000
  4.16  Game and Fish           -0-            33,000
  4.17  Trunk Highway           -0-            55,000
  4.18  The amounts appropriated are to the 
  4.19  commissioner of finance for the second 
  4.20  year of the biennium for transfer to 
  4.21  agencies affected by cost increases due 
  4.22  to the extension of eligibility for 
  4.23  employer-paid premiums for health, 
  4.24  dental, and life insurance to part-time 
  4.25  seasonal employees as provided in 
  4.26  collective bargaining agreements for 
  4.27  the current biennium. 
  4.28  The schedule provided in the 1998 
  4.29  supplemental budget recommendation 
  4.30  detail page supporting the governor's 
  4.31  request for these appropriations must 
  4.32  be applied when determining base-level 
  4.33  funding of affected agencies for the 
  4.34  biennium ending June 30, 2001. 
  4.35  Sec. 10.  PUBLIC EMPLOYEES
  4.36  RETIREMENT ASSOCIATION                     -0-           10,000
  4.37  This appropriation is the state's share 
  4.38  of the contribution necessary to fund 
  4.39  the special surviving spouse benefit 
  4.40  authorized by S.F. No. 2555, article 2, 
  4.41  sections 14, 15, and 18, if enacted.  
  4.42  The amount is payable to the public 
  4.43  employees retirement association within 
  4.44  30 days following the receipt by that 
  4.45  association of the contribution by the 
  4.46  city of St. Paul under S.F. No. 2555, 
  4.47  article 2, section 15, if enacted. 
  4.48  Sec. 11.  MINNESOTA STATE 
  4.49  RETIREMENT SYSTEM                                       700,000
  4.50  This appropriation may be expended 
  4.51  solely to make the transfer of member 
  4.52  contributions previously made to the 
  4.53  general fund under Minnesota Statutes, 
  4.54  section 3A.03, subdivision 1, or 
  4.55  352C.09, subdivision 1, as permitted 
  5.1   under section 352D.12, as amended by 
  5.2   this act.  This appropriation is 
  5.3   available until June 30, 1999. 
  5.4   Unless superseded by a later 
  5.5   appropriation, $100,000 is appropriated 
  5.6   for the same purposes to be available 
  5.7   for the fiscal biennium ending June 30, 
  5.8   2001; $100,000 for the fiscal biennium 
  5.9   ending June 30, 2003; and $100,000 for 
  5.10  the fiscal biennium ending June 30, 
  5.11  2005. 
  5.12     Sec. 12.  Minnesota Statutes 1996, section 3.3005, is 
  5.13  amended by adding a subdivision to read: 
  5.14     Subd. 2a.  [REVIEW OF FEDERAL FUNDS SPENDING 
  5.15  REQUEST.] Twenty days after a governor's budget request that 
  5.16  includes a request to spend federal money is submitted to the 
  5.17  legislature, a state agency may expend money included in that 
  5.18  request unless, within the 20-day period, a member of the 
  5.19  legislative advisory commission requests further review.  If a 
  5.20  legislative advisory commission member requests further review 
  5.21  of a federal funds spending request, the agency may not expend 
  5.22  the federal funds until the request has been satisfied and 
  5.23  withdrawn, the expenditure is approved in law, or the regular 
  5.24  session of the legislature is adjourned for the year. 
  5.25     Sec. 13.  Minnesota Statutes 1996, section 16A.055, 
  5.26  subdivision 6, is amended to read: 
  5.27     Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
  5.28  department's mission that within the department's resources the 
  5.29  commissioner shall endeavor to: 
  5.30     (1) prevent the waste or unnecessary spending of public 
  5.31  money; 
  5.32     (2) use innovative fiscal and human resource practices to 
  5.33  manage the state's resources and operate the department as 
  5.34  efficiently as possible; 
  5.35     (3) coordinate the department's activities wherever 
  5.36  appropriate with the activities of other governmental agencies; 
  5.37     (4) use technology where appropriate to increase agency 
  5.38  productivity, improve customer service, increase public access 
  5.39  to information about government, and increase public 
  5.40  participation in the business of government; 
  6.1      (5) utilize constructive and cooperative labor-management 
  6.2   practices to the extent otherwise required by chapters 43A and 
  6.3   179A; 
  6.4      (6) include specific objectives in report to the 
  6.5   legislature on the performance report required under section 
  6.6   15.91 to increase the efficiency of agency operations, when 
  6.7   appropriate and the accomplishment of agency goals in the 
  6.8   agency's biennial budget according to section 16A.10, 
  6.9   subdivision 1; and 
  6.10     (7) recommend to the legislature, in the performance report 
  6.11  of the department required under section 15.91, appropriate 
  6.12  changes in law necessary to carry out the mission and improve 
  6.13  the performance of the department. 
  6.14     Sec. 14.  Minnesota Statutes 1996, section 16A.10, as 
  6.15  amended by Laws 1997, chapter 202, article 2, section 12, is 
  6.16  amended to read: 
  6.17     16A.10 [BUDGET PREPARATION.] 
  6.18     Subdivision 1.  [BUDGET FORMAT.] In each even-numbered 
  6.19  calendar year the commissioner shall prepare budget forms and 
  6.20  instructions for all agencies, including guidelines for 
  6.21  reporting agency performance measures, subject to the approval 
  6.22  of the governor.  The commissioner shall request and receive 
  6.23  advisory recommendations from the chairs of the senate finance 
  6.24  committee and house of representatives ways and means committee 
  6.25  before adopting a format for the biennial budget document.  By 
  6.26  June 15, the commissioner shall send the proposed budget forms 
  6.27  to the appropriations and finance committees.  The committees 
  6.28  have until July 15 to give the commissioner their advisory 
  6.29  recommendations on possible improvements.  To facilitate this 
  6.30  consultation, the commissioner shall establish a working group 
  6.31  consisting of executive branch staff and designees of the chairs 
  6.32  of the senate finance and house of representatives ways and 
  6.33  means committees.  The commissioner must involve this group in 
  6.34  all stages of development of budget forms and instructions.  The 
  6.35  budget format must show actual expenditures and receipts for the 
  6.36  two most recent fiscal years, estimated expenditures and 
  7.1   receipts for the current fiscal year, and estimates for each 
  7.2   fiscal year of the next biennium.  Estimated expenditures must 
  7.3   be classified by funds and character of expenditures and may be 
  7.4   subclassified by programs and activities.  Agency revenue 
  7.5   estimates must show how the estimates were made and what factors 
  7.6   were used.  Receipts must be classified by funds, programs, and 
  7.7   activities.  Expenditure and revenue estimates must be based on 
  7.8   the law in existence at the time the estimates are prepared. 
  7.9      Subd. 1a.  [PURPOSE OF PERFORMANCE DATA.] Performance data 
  7.10  shall be presented in the budget proposal to: 
  7.11     (1) provide information so that the legislature can 
  7.12  determine the extent to which state programs are successful; 
  7.13     (2) encourage agencies to develop clear goals and 
  7.14  objectives for their programs; and 
  7.15     (3) strengthen accountability to Minnesotans by providing a 
  7.16  record of state government's performance in providing effective 
  7.17  and efficient services. 
  7.18     Subd. 1b.  [PERFORMANCE DATA FORMAT.] Agencies shall 
  7.19  present performance data that measures the performance of 
  7.20  programs in meeting program goals and objectives.  Measures 
  7.21  reported may include indicators of outputs, efficiency, 
  7.22  outcomes, and other measures relevant to understanding each 
  7.23  program.  Agencies shall present as much historical information 
  7.24  as needed to understand major trends and shall set targets for 
  7.25  future performance issues where feasible and appropriate.  The 
  7.26  information shall appropriately highlight agency performance 
  7.27  issues that would assist legislative review and decision making. 
  7.28     Subd. 2.  [BY OCTOBER 15 AND NOVEMBER 30.] By October 15 of 
  7.29  each even-numbered year, an agency must file the following with 
  7.30  the commissioner:  
  7.31     (1) budget estimates for the most recent and current fiscal 
  7.32  years; 
  7.33     (2) its upcoming biennial budget estimates; 
  7.34     (3) a comprehensive and integrated statement of agency 
  7.35  missions and outcome and performance measures; and 
  7.36     (4) a concise explanation of any planned changes in the 
  8.1   level of services or new activities. 
  8.2      The commissioner shall prepare and file the budget 
  8.3   estimates for an agency failing to file them.  By November 30, 
  8.4   the commissioner shall send the final budget format, agency 
  8.5   budget plans or requests estimates for the next biennium, and 
  8.6   copies of the filed material to the ways and means and finance 
  8.7   committees, except that the commissioner shall not be required 
  8.8   to transmit information that identifies executive branch budget 
  8.9   decision items.  At this time, a list of each employee's name, 
  8.10  title, and salary must be available to the legislature, either 
  8.11  on paper or through electronic retrieval. 
  8.12     Subd. 3.  [DUTIES TO GOVERNOR-ELECT.] Immediately after the 
  8.13  election of a new governor, the commissioner shall report the 
  8.14  budget estimates and make available to the governor-elect all 
  8.15  department information, staff, and facilities relating to the 
  8.16  budget. 
  8.17     Sec. 15.  Minnesota Statutes 1997 Supplement, section 
  8.18  16A.11, subdivision 1, is amended to read: 
  8.19     Subdivision 1.  [WHEN.] The governor shall submit a 
  8.20  four-part three-part budget to the legislature.  Parts one and 
  8.21  two, the budget message and detailed operating budget, must be 
  8.22  submitted by the fourth Tuesday in January in each odd-numbered 
  8.23  year.  Part three, the detailed recommendations as to capital 
  8.24  expenditure, must be submitted as follows:  agency capital 
  8.25  budget requests by July 1 of each odd-numbered year, and 
  8.26  governor's recommendations by January 15 of each even-numbered 
  8.27  year.  Part four, the detailed recommendations as to information 
  8.28  technology expenditure, must be submitted at the same time the 
  8.29  governor submits the budget message to the legislature. 
  8.30     Sec. 16.  Minnesota Statutes 1996, section 16A.11, 
  8.31  subdivision 3, is amended to read: 
  8.32     Subd. 3.  [PART TWO:  DETAILED BUDGET.] Part two of the 
  8.33  budget, the detailed budget estimates both of expenditures and 
  8.34  revenues, shall contain any statements on the financial plan 
  8.35  which the governor believes desirable or which may be required 
  8.36  by the legislature.  Part of the budget must be prepared using 
  9.1   performance-based budgeting concepts.  In this subdivision, 
  9.2   "performance-based budgeting" means a budget system that 
  9.3   identifies agency outcomes and results and provides 
  9.4   comprehensive information regarding actual and proposed changes 
  9.5   in funding and outcomes.  The detailed estimates shall include 
  9.6   the governor's budget plan of each agency arranged in tabular 
  9.7   form so it may readily be compared with the governor's budget 
  9.8   for each agency.  They shall also include, as part of each 
  9.9   agency's organization chart, a summary of the personnel employed 
  9.10  by the agency, showing the reflected as full-time equivalent 
  9.11  positions for the current biennium, and the number of full-time 
  9.12  equivalent employees of all kinds employed by the agency on June 
  9.13  30 of the last complete fiscal year. 
  9.14     Sec. 17.  Minnesota Statutes 1996, section 16A.11, is 
  9.15  amended by adding a subdivision to read: 
  9.16     Subd. 6.  [BUILDING MAINTENANCE.] The detailed operating 
  9.17  budget must include amounts necessary to maintain state 
  9.18  buildings.  The commissioner of finance, in consultation with 
  9.19  the commissioner of administration, appropriate legislative 
  9.20  committees, the board of trustees of the Minnesota state 
  9.21  colleges and universities, and the regents of the University of 
  9.22  Minnesota, shall establish budget guidelines for building 
  9.23  maintenance appropriations.  The budget documents submitted to 
  9.24  the legislature by the commissioner of finance must include 
  9.25  budget guidelines for building maintenance appropriations.  
  9.26     Sec. 18.  Minnesota Statutes 1996, section 16A.501, is 
  9.27  amended to read: 
  9.28     16A.501 [REPORT ON MATCHING MONEY.] 
  9.29     The commissioner of finance must report annually to the 
  9.30  legislature on the degree to which entities receiving 
  9.31  appropriations of bond proceeds contingent upon obtaining 
  9.32  matching money have been successful in raising have encumbered 
  9.33  or expended that money.  The report must be submitted to the 
  9.34  chairs of the house of representatives ways and means committee 
  9.35  and the senate finance committee by February 1 of each year. 
  9.36     Sec. 19.  Minnesota Statutes 1996, section 16A.72, is 
 10.1   amended to read: 
 10.2      16A.72 [INCOME CREDITED TO GENERAL FUND; EXCEPTIONS.] 
 10.3      All income, including fees or receipts of any nature, shall 
 10.4   be credited to the general fund, except:  
 10.5      (1) federal aid; 
 10.6      (2) contributions, or reimbursements received for any 
 10.7   account of any division or department for which an appropriation 
 10.8   is made by law; 
 10.9      (3) income to the University of Minnesota; 
 10.10     (4) income to revolving funds now established in 
 10.11  institutions under the control of the commissioners of 
 10.12  corrections or human services; 
 10.13     (5) investment earnings resulting from the master lease 
 10.14  program, except that the amount credited to another fund or 
 10.15  account may not exceed the amount of the additional expense 
 10.16  incurred by that fund or account through participation in the 
 10.17  master lease program; 
 10.18     (6) investment earnings resulting from any gift, donation, 
 10.19  device, endowment, trust, or court ordered or approved escrow 
 10.20  account or trust fund, which should be credited to the fund or 
 10.21  account and appropriated for the purpose for which it was 
 10.22  received; 
 10.23     (7) receipts from the operation of patients' and inmates' 
 10.24  stores and vending machines, which shall be deposited in the 
 10.25  social welfare fund in each institution for the benefit of the 
 10.26  patients and inmates; 
 10.27     (7) (8) money received in payment for services of inmate 
 10.28  labor employed in the industries carried on in the state 
 10.29  correctional facilities which receipts shall be credited to the 
 10.30  current expense fund of those facilities; 
 10.31     (8) (9) as provided in sections 16B.57 and 85.22; 
 10.32     (9) (10) income to the Minnesota historical society; 
 10.33     (10) (11) the percent of income collected by a private 
 10.34  collection agency and retained by the collection agency as its 
 10.35  collection fee; or 
 10.36     (11) (12) as otherwise provided by law. 
 11.1      Sec. 20.  Minnesota Statutes 1996, section 16B.04, 
 11.2   subdivision 4, is amended to read: 
 11.3      Subd. 4.  [MISSION; EFFICIENCY.] It is part of the 
 11.4   department's mission that within the department's resources the 
 11.5   commissioner shall endeavor to: 
 11.6      (1) prevent the waste or unnecessary spending of public 
 11.7   money; 
 11.8      (2) use innovative fiscal and human resource practices to 
 11.9   manage the state's resources and operate the department as 
 11.10  efficiently as possible; 
 11.11     (3) coordinate the department's activities wherever 
 11.12  appropriate with the activities of other governmental agencies; 
 11.13     (4) use technology where appropriate to increase agency 
 11.14  productivity, improve customer service, increase public access 
 11.15  to information about government, and increase public 
 11.16  participation in the business of government; 
 11.17     (5) utilize constructive and cooperative labor-management 
 11.18  practices to the extent otherwise required by chapters 43A and 
 11.19  179A; 
 11.20     (6) include specific objectives in report to the 
 11.21  legislature on the performance report required under section 
 11.22  15.91 to increase the efficiency of agency operations, when 
 11.23  appropriate and the accomplishment of agency goals in the 
 11.24  agency's biennial budget according to section 16A.10, 
 11.25  subdivision 1; and 
 11.26     (7) recommend to the legislature, in the performance report 
 11.27  of the department required under section 15.91, appropriate 
 11.28  changes in law necessary to carry out the mission and improve 
 11.29  the performance of the department. 
 11.30     Sec. 21.  [16B.104] [PROCUREMENT REQUIREMENTS.] 
 11.31     (a) The commissioner, in consultation with the office of 
 11.32  technology, shall develop nonvisual technology access 
 11.33  standards.  The standards must be included in all contracts for 
 11.34  the procurement of information technology by, or for the use of, 
 11.35  agencies, political subdivisions, and the Minnesota state 
 11.36  colleges and universities.  The University of Minnesota is 
 12.1   encouraged to consider similar standards.  
 12.2      (b) The nonvisual access standards must include the 
 12.3   following minimum specifications: 
 12.4      (1) that effective, interactive control and use of the 
 12.5   technology including the operating system, applications 
 12.6   programs, prompts, and format of the data presented, are readily 
 12.7   achievable by nonvisual means; 
 12.8      (2) that the nonvisual access technology must be compatible 
 12.9   with information technology used by other individuals with whom 
 12.10  the blind or visually impaired individual must interact; 
 12.11     (3) that nonvisual access technology must be integrated 
 12.12  into networks used to share communications among employees, 
 12.13  program participants, and the public; and 
 12.14     (4) that the nonvisual access technology must have the 
 12.15  capability of providing equivalent access by nonvisual means to 
 12.16  telecommunications or other interconnected network services used 
 12.17  by persons who are not blind or visually impaired. 
 12.18     (c) Nothing in this section requires the installation of 
 12.19  software or peripheral devices used for nonvisual access when 
 12.20  the information technology is being used by individuals who are 
 12.21  not blind or visually impaired. 
 12.22     Sec. 22.  [DEADLINE FOR COMPLIANCE.] 
 12.23     The technology access standards required by section 21 must 
 12.24  be developed by January 1, 1999, and a requirement for 
 12.25  compliance with nonvisual access standards must be included in 
 12.26  all contracts covered by that section entered into after 
 12.27  December 31, 1998.  Compliance with section 21 in regard to 
 12.28  information and technology purchased before January 1, 1999, 
 12.29  must be achieved at the time of procurement of an upgrade or 
 12.30  replacement of the existing equipment or software.  
 12.31     Sec. 23.  [16B.163] [GUARANTEED ENERGY SAVINGS CONTRACTS.] 
 12.32     After soliciting proposals from providers of energy 
 12.33  efficiency services, the commissioner may select the one or more 
 12.34  best qualified providers to enter into guaranteed energy savings 
 12.35  contracts for the evaluation, recommendation, design, and 
 12.36  installation of one or more energy conservation measures for one 
 13.1   or more state buildings.  The term of the contract may not 
 13.2   exceed ten years from the date of final installation.  Savings 
 13.3   in energy and operating costs must be guaranteed by the 
 13.4   contractor to the extent necessary to cover the costs of the 
 13.5   contract, including design, implementation, financing, 
 13.6   maintenance, and installation of the energy conservation 
 13.7   measures.  The contractor shall give sufficient bond to the 
 13.8   commissioner for its faithful performance. 
 13.9      Sec. 24.  Minnesota Statutes 1996, section 16B.30, is 
 13.10  amended to read: 
 13.11     16B.30 [GENERAL AUTHORITY.] 
 13.12     (a) Subject to other provisions in this chapter, the 
 13.13  commissioner shall supervise and control the making of all 
 13.14  contracts for the construction of buildings and for other 
 13.15  capital improvements to state buildings and structures, other 
 13.16  than buildings and structures under the control of the board of 
 13.17  trustees of the Minnesota state colleges and 
 13.18  universities.  Except as provided in paragraph (b), a state 
 13.19  agency may not undertake improvements of a capital nature 
 13.20  without specific legislative authority. 
 13.21     (b) Specific legislative authority is not required for 
 13.22  projects financed with operating appropriations or agency 
 13.23  receipts that: 
 13.24     (1) are undertaken for asset preservation or code 
 13.25  compliance purposes; 
 13.26     (2) do not materially increase the net square footage of a 
 13.27  facility; and 
 13.28     (3) do not increase the cost of agency programs. 
 13.29     Sec. 25.  Minnesota Statutes 1996, section 17.03, 
 13.30  subdivision 11, is amended to read: 
 13.31     Subd. 11.  [MISSION; EFFICIENCY.] It is part of the 
 13.32  department's mission that within the department's resources the 
 13.33  commissioner shall endeavor to: 
 13.34     (1) prevent the waste or unnecessary spending of public 
 13.35  money; 
 13.36     (2) use innovative fiscal and human resource practices to 
 14.1   manage the state's resources and operate the department as 
 14.2   efficiently as possible; 
 14.3      (3) coordinate the department's activities wherever 
 14.4   appropriate with the activities of other governmental agencies; 
 14.5      (4) use technology where appropriate to increase agency 
 14.6   productivity, improve customer service, increase public access 
 14.7   to information about government, and increase public 
 14.8   participation in the business of government; 
 14.9      (5) utilize constructive and cooperative labor-management 
 14.10  practices to the extent otherwise required by chapters 43A and 
 14.11  179A; 
 14.12     (6) include specific objectives in report to the 
 14.13  legislature on the performance report required under section 
 14.14  15.91 to increase the efficiency of agency operations, when 
 14.15  appropriate and the accomplishment of agency goals in the 
 14.16  agency's biennial budget according to section 16A.10, 
 14.17  subdivision 1; and 
 14.18     (7) recommend to the legislature, in the performance report 
 14.19  of the department required under section 15.91, appropriate 
 14.20  changes in law necessary to carry out the mission and improve 
 14.21  the performance of the department. 
 14.22     Sec. 26.  Minnesota Statutes 1996, section 43A.04, 
 14.23  subdivision 1a, is amended to read: 
 14.24     Subd. 1a.  [MISSION; EFFICIENCY.] It is part of the 
 14.25  department's mission that within the department's resources the 
 14.26  commissioner shall endeavor to: 
 14.27     (1) prevent the waste or unnecessary spending of public 
 14.28  money; 
 14.29     (2) use innovative fiscal and human resource practices to 
 14.30  manage the state's resources and operate the department as 
 14.31  efficiently as possible; 
 14.32     (3) coordinate the department's activities wherever 
 14.33  appropriate with the activities of other governmental agencies; 
 14.34     (4) use technology where appropriate to increase agency 
 14.35  productivity, improve customer service, increase public access 
 14.36  to information about government, and increase public 
 15.1   participation in the business of government; 
 15.2      (5) utilize constructive and cooperative labor-management 
 15.3   practices to the extent otherwise required by chapters 43A and 
 15.4   179A; 
 15.5      (6) include specific objectives in report to the 
 15.6   legislature on the performance report required under section 
 15.7   15.91 to increase the efficiency of agency operations, when 
 15.8   appropriate and the accomplishment of agency goals in the 
 15.9   agency's biennial budget according to section 16A.10, 
 15.10  subdivision 1; and 
 15.11     (7) recommend to the legislature, in the performance report 
 15.12  of the department required under section 15.91, appropriate 
 15.13  changes in law necessary to carry out the mission and improve 
 15.14  the performance of the department. 
 15.15     Sec. 27.  Minnesota Statutes 1996, section 43A.317, 
 15.16  subdivision 8, is amended to read: 
 15.17     Subd. 8.  [PREMIUMS.] (a)  [PAYMENTS.] Employers enrolled 
 15.18  in the program shall pay premiums according to terms established 
 15.19  by the commissioner.  If an employer fails to make the required 
 15.20  payments, the commissioner may cancel coverage and pursue other 
 15.21  civil remedies. 
 15.22     (b)  [RATING METHOD.] The commissioner shall determine the 
 15.23  premium rates and rating method for the program.  The rating 
 15.24  method for eligible small employers must meet or exceed the 
 15.25  requirements of chapter 62L.  The rating methods must recover in 
 15.26  premiums all of the ongoing costs for state administration and 
 15.27  for maintenance of a premium stability and claim fluctuation 
 15.28  reserve.  Premiums must be established so as to recover and 
 15.29  repay within five years after July 1, 1993, any direct 
 15.30  appropriations received to provide start-up administrative 
 15.31  costs.  Premiums must be established so as to recover and repay 
 15.32  within five years after July 1, 1993, any direct appropriations 
 15.33  received to establish initial reserves.  On June 30, 1999, after 
 15.34  paying all necessary and reasonable expenses, the commissioner 
 15.35  must apply up to $2,075,000 of any remaining balance in the 
 15.36  Minnesota employees' insurance trust fund to repayment of any 
 16.1   amounts drawn or expended for this program from the health care 
 16.2   access fund. 
 16.3      (c)  [TAXES AND ASSESSMENTS.] To the extent that the 
 16.4   program operates as a self-insured group, the premiums paid to 
 16.5   the program are not subject to the premium taxes imposed by 
 16.6   sections 60A.15 and 60A.198, but the program is subject to a 
 16.7   Minnesota comprehensive health association assessment under 
 16.8   section 62E.11. 
 16.9      Sec. 28.  Minnesota Statutes 1996, section 45.012, is 
 16.10  amended to read: 
 16.11     45.012 [COMMISSIONER.] 
 16.12     (a) The department of commerce is under the supervision and 
 16.13  control of the commissioner of commerce.  The commissioner is 
 16.14  appointed by the governor in the manner provided by section 
 16.15  15.06.  
 16.16     (b) Data that is received by the commissioner or the 
 16.17  commissioner's designee by virtue of membership or participation 
 16.18  in an association, group, or organization that is not otherwise 
 16.19  subject to chapter 13 is confidential or protected nonpublic 
 16.20  data but may be shared with the department employees as the 
 16.21  commissioner considers appropriate.  The commissioner may 
 16.22  release the data to any person, agency, or the public if the 
 16.23  commissioner determines that the access will aid the law 
 16.24  enforcement process, promote public health or safety, or dispel 
 16.25  widespread rumor or unrest.  
 16.26     (c) It is part of the department's mission that within the 
 16.27  department's resources the commissioner shall endeavor to: 
 16.28     (1) prevent the waste or unnecessary spending of public 
 16.29  money; 
 16.30     (2) use innovative fiscal and human resource practices to 
 16.31  manage the state's resources and operate the department as 
 16.32  efficiently as possible; 
 16.33     (3) coordinate the department's activities wherever 
 16.34  appropriate with the activities of other governmental agencies; 
 16.35     (4) use technology where appropriate to increase agency 
 16.36  productivity, improve customer service, increase public access 
 17.1   to information about government, and increase public 
 17.2   participation in the business of government; 
 17.3      (5) utilize constructive and cooperative labor-management 
 17.4   practices to the extent otherwise required by chapters 43A and 
 17.5   179A; 
 17.6      (6) include specific objectives in report to the 
 17.7   legislature on the performance report required under section 
 17.8   15.91 to increase the efficiency of agency operations, when 
 17.9   appropriate and the accomplishment of agency goals in the 
 17.10  agency's biennial budget according to section 16A.10, 
 17.11  subdivision 1; and 
 17.12     (7) recommend to the legislature, in the performance report 
 17.13  of the department required under section 15.91, appropriate 
 17.14  changes in law necessary to carry out the mission and improve 
 17.15  the performance of the department. 
 17.16     Sec. 29.  Minnesota Statutes 1996, section 84.027, 
 17.17  subdivision 14, is amended to read: 
 17.18     Subd. 14.  [MISSION; EFFICIENCY.] It is part of the 
 17.19  department's mission that within the department's resources the 
 17.20  commissioner shall endeavor to: 
 17.21     (1) prevent the waste or unnecessary spending of public 
 17.22  money; 
 17.23     (2) use innovative fiscal and human resource practices to 
 17.24  manage the state's resources and operate the department as 
 17.25  efficiently as possible; 
 17.26     (3) coordinate the department's activities wherever 
 17.27  appropriate with the activities of other governmental agencies; 
 17.28     (4) use technology where appropriate to increase agency 
 17.29  productivity, improve customer service, increase public access 
 17.30  to information about government, and increase public 
 17.31  participation in the business of government; 
 17.32     (5) utilize constructive and cooperative labor-management 
 17.33  practices to the extent otherwise required by chapters 43A and 
 17.34  179A; 
 17.35     (6) include specific objectives in report to the 
 17.36  legislature on the performance report required under section 
 18.1   15.91 to increase the efficiency of agency operations, when 
 18.2   appropriate and the accomplishment of agency goals in the 
 18.3   agency's biennial budget according to section 16A.10, 
 18.4   subdivision 1; and 
 18.5      (7) recommend to the legislature, in the performance report 
 18.6   of the department required under section 15.91, appropriate 
 18.7   changes in law necessary to carry out the mission and improve 
 18.8   the performance of the department. 
 18.9      Sec. 30.  Minnesota Statutes 1996, section 116.03, 
 18.10  subdivision 2a, is amended to read: 
 18.11     Subd. 2a.  [MISSION; EFFICIENCY.] It is part of the 
 18.12  agency's mission that within the agency's resources the 
 18.13  commissioner and the members of the agency shall endeavor to: 
 18.14     (1) prevent the waste or unnecessary spending of public 
 18.15  money; 
 18.16     (2) use innovative fiscal and human resource practices to 
 18.17  manage the state's resources and operate the agency as 
 18.18  efficiently as possible; 
 18.19     (3) coordinate the agency's activities wherever appropriate 
 18.20  with the activities of other governmental agencies; 
 18.21     (4) use technology where appropriate to increase agency 
 18.22  productivity, improve customer service, increase public access 
 18.23  to information about government, and increase public 
 18.24  participation in the business of government; 
 18.25     (5) utilize constructive and cooperative labor-management 
 18.26  practices to the extent otherwise required by chapters 43A and 
 18.27  179A; 
 18.28     (6) include specific objectives in report to the 
 18.29  legislature on the performance report required under section 
 18.30  15.91 to increase the efficiency of agency operations, when 
 18.31  appropriate and the accomplishment of agency goals in the 
 18.32  agency's biennial budget according to section 16A.10, 
 18.33  subdivision 1; and 
 18.34     (7) recommend to the legislature, in the performance report 
 18.35  of the agency required under section 15.91, appropriate changes 
 18.36  in law necessary to carry out the mission and improve the 
 19.1   performance of the agency. 
 19.2      Sec. 31.  Minnesota Statutes 1996, section 116J.011, is 
 19.3   amended to read: 
 19.4      116J.011 [MISSION.] 
 19.5      The mission of the department of trade and economic 
 19.6   development is to employ all of the available state government 
 19.7   resources to facilitate an economic environment that produces 
 19.8   net new job growth in excess of the national average and to 
 19.9   increase nonresident and resident tourism revenues.  It is part 
 19.10  of the department's mission that within the department's 
 19.11  resources the commissioner shall endeavor to: 
 19.12     (1) prevent the waste or unnecessary spending of public 
 19.13  money; 
 19.14     (2) use innovative fiscal and human resource practices to 
 19.15  manage the state's resources and operate the department as 
 19.16  efficiently as possible; 
 19.17     (3) coordinate the department's activities wherever 
 19.18  appropriate with the activities of other governmental agencies; 
 19.19     (4) use technology where appropriate to increase agency 
 19.20  productivity, improve customer service, increase public access 
 19.21  to information about government, and increase public 
 19.22  participation in the business of government; 
 19.23     (5) utilize constructive and cooperative labor-management 
 19.24  practices to the extent otherwise required by chapters 43A and 
 19.25  179A; 
 19.26     (6) include specific objectives in report to the 
 19.27  legislature on the performance report required under section 
 19.28  15.91 to increase the efficiency of agency operations, when 
 19.29  appropriate and the accomplishment of agency goals in the 
 19.30  agency's biennial budget according to section 16A.10, 
 19.31  subdivision 1; and 
 19.32     (7) recommend to the legislature, in the performance report 
 19.33  of the department required under section 15.91, appropriate 
 19.34  changes in law necessary to carry out the mission and improve 
 19.35  the performance of the department. 
 19.36     Sec. 32.  Minnesota Statutes 1997 Supplement, section 
 20.1   120.0111, is amended to read: 
 20.2      120.0111 [MISSION STATEMENT.] 
 20.3      The mission of public education in Minnesota, a system for 
 20.4   lifelong learning, is to ensure individual academic achievement, 
 20.5   an informed citizenry, and a highly productive work force.  This 
 20.6   system focuses on the learner, promotes and values diversity, 
 20.7   provides participatory decision making, ensures accountability, 
 20.8   models democratic principles, creates and sustains a climate for 
 20.9   change, provides personalized learning environments, encourages 
 20.10  learners to reach their maximum potential, and integrates and 
 20.11  coordinates human services for learners.  The public schools of 
 20.12  this state shall serve the needs of the students by cooperating 
 20.13  with the students' parents and legal guardians to develop the 
 20.14  students' intellectual capabilities and lifework skills in a 
 20.15  safe and positive environment.  It is part of the department's 
 20.16  mission that within the department's resources the commissioner 
 20.17  shall endeavor to: 
 20.18     (1) prevent the waste or unnecessary spending of public 
 20.19  money; 
 20.20     (2) use innovative fiscal and human resource practices to 
 20.21  manage the state's resources and operate the department as 
 20.22  efficiently as possible; 
 20.23     (3) coordinate the department's activities wherever 
 20.24  appropriate with the activities of other governmental agencies; 
 20.25     (4) use technology where appropriate to increase agency 
 20.26  productivity, improve customer service, increase public access 
 20.27  to information about government, and increase public 
 20.28  participation in the business of government; 
 20.29     (5) utilize constructive and cooperative labor-management 
 20.30  practices to the extent otherwise required by chapters 43A and 
 20.31  179A; 
 20.32     (6) include specific objectives in report to the 
 20.33  legislature on the performance report required under section 
 20.34  15.91 to increase the efficiency of agency operations, when 
 20.35  appropriate and the accomplishment of agency goals in the 
 20.36  agency's biennial budget according to section 16A.10, 
 21.1   subdivision 1; and 
 21.2      (7) recommend to the legislature, in the performance report 
 21.3   of the department required under section 15.91, appropriate 
 21.4   changes in law necessary to carry out the mission and improve 
 21.5   the performance of the department. 
 21.6      Sec. 33.  Minnesota Statutes 1996, section 144.05, 
 21.7   subdivision 2, is amended to read: 
 21.8      Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
 21.9   department's mission that within the department's resources the 
 21.10  commissioner shall endeavor to: 
 21.11     (1) prevent the waste or unnecessary spending of public 
 21.12  money; 
 21.13     (2) use innovative fiscal and human resource practices to 
 21.14  manage the state's resources and operate the department as 
 21.15  efficiently as possible; 
 21.16     (3) coordinate the department's activities wherever 
 21.17  appropriate with the activities of other governmental agencies; 
 21.18     (4) use technology where appropriate to increase agency 
 21.19  productivity, improve customer service, increase public access 
 21.20  to information about government, and increase public 
 21.21  participation in the business of government; 
 21.22     (5) utilize constructive and cooperative labor-management 
 21.23  practices to the extent otherwise required by chapters 43A and 
 21.24  179A; 
 21.25     (6) include specific objectives in report to the 
 21.26  legislature on the performance report required under section 
 21.27  15.91 to increase the efficiency of agency operations, when 
 21.28  appropriate and the accomplishment of agency goals in the 
 21.29  agency's biennial budget according to section 16A.10, 
 21.30  subdivision 1; and 
 21.31     (7) recommend to the legislature, in the performance report 
 21.32  of the department required under section 15.91, appropriate 
 21.33  changes in law necessary to carry out the mission and improve 
 21.34  the performance of the department. 
 21.35     Sec. 34.  Minnesota Statutes 1996, section 174.02, 
 21.36  subdivision 1a, is amended to read: 
 22.1      Subd. 1a.  [MISSION; EFFICIENCY.] It is part of the 
 22.2   department's mission that within the department's resources the 
 22.3   commissioner shall endeavor to: 
 22.4      (1) prevent the waste or unnecessary spending of public 
 22.5   money; 
 22.6      (2) use innovative fiscal and human resource practices to 
 22.7   manage the state's resources and operate the department as 
 22.8   efficiently as possible; 
 22.9      (3) coordinate the department's activities wherever 
 22.10  appropriate with the activities of other governmental agencies; 
 22.11     (4) use technology where appropriate to increase agency 
 22.12  productivity, improve customer service, increase public access 
 22.13  to information about government, and increase public 
 22.14  participation in the business of government; 
 22.15     (5) utilize constructive and cooperative labor-management 
 22.16  practices to the extent otherwise required by chapters 43A and 
 22.17  179A; 
 22.18     (6) include specific objectives in report to the 
 22.19  legislature on the performance report required under section 
 22.20  15.91 to increase the efficiency of agency operations, when 
 22.21  appropriate and the accomplishment of agency goals in the 
 22.22  agency's biennial budget according to section 16A.10, 
 22.23  subdivision 1; and 
 22.24     (7) recommend to the legislature, in the performance report 
 22.25  of the department required under section 15.91, appropriate 
 22.26  changes in law necessary to carry out the mission and improve 
 22.27  the performance of the department. 
 22.28     Sec. 35.  Minnesota Statutes 1996, section 175.001, 
 22.29  subdivision 6, is amended to read: 
 22.30     Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
 22.31  department's mission that within the department's resources the 
 22.32  commissioner shall endeavor to: 
 22.33     (1) prevent the waste or unnecessary spending of public 
 22.34  money; 
 22.35     (2) use innovative fiscal and human resource practices to 
 22.36  manage the state's resources and operate the department as 
 23.1   efficiently as possible; 
 23.2      (3) coordinate the department's activities wherever 
 23.3   appropriate with the activities of other governmental agencies; 
 23.4      (4) use technology where appropriate to increase agency 
 23.5   productivity, improve customer service, increase public access 
 23.6   to information about government, and increase public 
 23.7   participation in the business of government; 
 23.8      (5) utilize constructive and cooperative labor-management 
 23.9   practices to the extent otherwise required by chapters 43A and 
 23.10  179A; 
 23.11     (6) include specific objectives in report to the 
 23.12  legislature on the performance report required under section 
 23.13  15.91 to increase the efficiency of agency operations, when 
 23.14  appropriate and the accomplishment of agency goals in the 
 23.15  agency's biennial budget according to section 16A.10, 
 23.16  subdivision 1; and 
 23.17     (7) recommend to the legislature, in the performance report 
 23.18  of the department required under section 15.91, appropriate 
 23.19  changes in law necessary to carry out the mission and improve 
 23.20  the performance of the department. 
 23.21     Sec. 36.  Minnesota Statutes 1996, section 190.09, 
 23.22  subdivision 2, is amended to read: 
 23.23     Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
 23.24  department's mission that within the department's resources the 
 23.25  adjutant general shall endeavor to: 
 23.26     (1) prevent the waste or unnecessary spending of public 
 23.27  money; 
 23.28     (2) use innovative fiscal and human resource practices to 
 23.29  manage the state's resources and operate the department as 
 23.30  efficiently as possible; 
 23.31     (3) coordinate the department's activities wherever 
 23.32  appropriate with the activities of other governmental agencies; 
 23.33     (4) use technology where appropriate to increase agency 
 23.34  productivity, improve customer service, increase public access 
 23.35  to information about government, and increase public 
 23.36  participation in the business of government; 
 24.1      (5) utilize constructive and cooperative labor-management 
 24.2   practices to the extent otherwise required by chapters 43A and 
 24.3   179A; 
 24.4      (6) include specific objectives in report to the 
 24.5   legislature on the performance report required under section 
 24.6   15.91 to increase the efficiency of agency operations, when 
 24.7   appropriate and the accomplishment of agency goals in the 
 24.8   agency's biennial budget according to section 16A.10, 
 24.9   subdivision 1; and 
 24.10     (7) recommend to the legislature, in the performance report 
 24.11  of the department required under section 15.91, appropriate 
 24.12  changes in law necessary to carry out the mission and improve 
 24.13  the performance of the department. 
 24.14     Sec. 37.  Minnesota Statutes 1996, section 196.05, 
 24.15  subdivision 2, is amended to read: 
 24.16     Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
 24.17  department's mission that within the department's resources the 
 24.18  commissioner shall endeavor to: 
 24.19     (1) prevent the waste or unnecessary spending of public 
 24.20  money; 
 24.21     (2) use innovative fiscal and human resource practices to 
 24.22  manage the state's resources and operate the department as 
 24.23  efficiently as possible; 
 24.24     (3) coordinate the department's activities wherever 
 24.25  appropriate with the activities of other governmental agencies; 
 24.26     (4) use technology where appropriate to increase agency 
 24.27  productivity, improve customer service, increase public access 
 24.28  to information about government, and increase public 
 24.29  participation in the business of government; 
 24.30     (5) utilize constructive and cooperative labor-management 
 24.31  practices to the extent otherwise required by chapters 43A and 
 24.32  179A; 
 24.33     (6) include specific objectives in report to the 
 24.34  legislature on the performance report required under section 
 24.35  15.91 to increase the efficiency of agency operations, when 
 24.36  appropriate and the accomplishment of agency goals in the 
 25.1   agency's biennial budget according to section 16A.10, 
 25.2   subdivision 1; and 
 25.3      (7) recommend to the legislature, in the performance report 
 25.4   of the department required under section 15.91, appropriate 
 25.5   changes in law necessary to carry out the mission and improve 
 25.6   the performance of the department. 
 25.7      Sec. 38.  [214.38] [OCCUPATIONAL REGULATORY COORDINATING 
 25.8   COUNCIL.] 
 25.9      The occupational regulatory coordinating council consists 
 25.10  of members appointed by the commissioners of health and commerce 
 25.11  after consultation with the commissioner of human services and 
 25.12  the attorney general.  The council shall facilitate and 
 25.13  coordinate the work of executive branch agencies and boards 
 25.14  charged with the regulation of health-related and 
 25.15  non-health-related occupations.  It shall perform the duties and 
 25.16  have the powers prescribed by law.  The council may consist of 
 25.17  two or more subunits. 
 25.18     Sec. 39.  [INTERAGENCY TASK FORCE.] 
 25.19     Subdivision 1.  [APPOINTMENTS.] The commissioners of health 
 25.20  and commerce, after consultation with the commissioner of human 
 25.21  services, the attorney general, and the entities listed in 
 25.22  subdivision 2, shall appoint an interagency task force to 
 25.23  develop detailed proposals for the organization, membership, 
 25.24  duties, powers, financing, and operation of the council 
 25.25  established by Minnesota Statutes, section 214.38.  The 
 25.26  commissioners of health and commerce shall determine the 
 25.27  membership of the task force, and the commissioners, or their 
 25.28  designees, shall serve as its cochairs.  The task force must 
 25.29  consist of two committees, one chaired by the commissioner of 
 25.30  commerce, or the commissioner's designee, and dealing with 
 25.31  non-health-related occupations, and the other chaired by the 
 25.32  commissioner of health, or the commissioner's designee, and 
 25.33  dealing with health-related occupations.  Each committee may 
 25.34  appoint advisory subcommittees.  The task force expires June 30, 
 25.35  1999. 
 25.36     Subd. 2.  [ADDITIONAL CONSULTATION.] In appointing the task 
 26.1   force, the commissioners of health and commerce shall also 
 26.2   consult with existing state executive branch occupational 
 26.3   regulatory agencies and boards, occupations currently regulated, 
 26.4   occupations seeking state regulation, health care providers, and 
 26.5   organizations representing consumers.  Representatives of 
 26.6   entities listed in this subdivision may be appointed to the task 
 26.7   force or to advisory subcommittees. 
 26.8      Subd. 3.  [DUTIES.] Each task force committee, addressing 
 26.9   occupations within its jurisdiction, shall consider how the 
 26.10  permanent council established by Minnesota Statutes, section 
 26.11  214.38, can best provide coordination and oversight of state 
 26.12  occupational regulation and make recommendations to the 
 26.13  legislature regarding improvements in the existing regulatory 
 26.14  system.  In identifying the duties of the permanent council, 
 26.15  each task force committee shall consider, at a minimum, those 
 26.16  listed in section 40.  If a committee and, subsequently, the 
 26.17  task force concludes that a duty listed in section 40 should be 
 26.18  omitted or modified, the report required by this subdivision 
 26.19  must include the reasons for the proposed omission or 
 26.20  modification.  Each committee shall complete its work by 
 26.21  December 1, 1998.  The commissioners of health and commerce 
 26.22  shall then coordinate the findings and recommendations of each 
 26.23  committee.  The commissioners may modify committee findings and 
 26.24  recommendations to avoid conflicts and assure consistency in the 
 26.25  regulation and oversight of health-related and 
 26.26  non-health-related occupations.  The committees shall review any 
 26.27  modifications and adopt the findings and recommendations of the 
 26.28  task force as a whole.  The commissioners shall submit those 
 26.29  findings and recommendations to the legislature by January 5, 
 26.30  1999. 
 26.31     Sec. 40.  [PERMANENT COUNCIL; MINIMUM DUTIES.] 
 26.32     The interagency task force and committees established by 
 26.33  section 39 shall consider, at a minimum: 
 26.34     (1) establishing and maintaining a systematic method of 
 26.35  reviewing and evaluating requests for new occupational 
 26.36  regulation and substantive changes that broaden the scope of 
 27.1   existing regulation; 
 27.2      (2) advising the legislature regarding requests for new or 
 27.3   revised regulation, identifying the need for regulation, the 
 27.4   appropriate level of any needed regulation, and the appropriate 
 27.5   regulatory body; 
 27.6      (3) giving ongoing consideration to the organization and 
 27.7   structure of occupational regulation in Minnesota and 
 27.8   recommending to the legislature any changes that the council may 
 27.9   from time to time identify as desirable; and 
 27.10     (4) reviewing the application of Minnesota Statutes, 
 27.11  chapter 13, to the occupational regulatory and enforcement 
 27.12  system and, in consultation with the commissioner of 
 27.13  administration, recommending to the legislature any changes that 
 27.14  the council may identify as being desirable. 
 27.15     Sec. 41.  Minnesota Statutes 1996, section 216A.07, 
 27.16  subdivision 6, is amended to read: 
 27.17     Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
 27.18  department's mission that within the department's resources the 
 27.19  commissioner shall endeavor to: 
 27.20     (1) prevent the waste or unnecessary spending of public 
 27.21  money; 
 27.22     (2) use innovative fiscal and human resource practices to 
 27.23  manage the state's resources and operate the department as 
 27.24  efficiently as possible; 
 27.25     (3) coordinate the department's activities wherever 
 27.26  appropriate with the activities of other governmental agencies; 
 27.27     (4) use technology where appropriate to increase agency 
 27.28  productivity, improve customer service, increase public access 
 27.29  to information about government, and increase public 
 27.30  participation in the business of government; 
 27.31     (5) utilize constructive and cooperative labor-management 
 27.32  practices to the extent otherwise required by chapters 43A and 
 27.33  179A; 
 27.34     (6) include specific objectives in report to the 
 27.35  legislature on the performance report required under section 
 27.36  15.91 to increase the efficiency of agency operations, when 
 28.1   appropriate and the accomplishment of agency goals in the 
 28.2   agency's biennial budget according to section 16A.10, 
 28.3   subdivision 1; and 
 28.4      (7) recommend to the legislature, in the performance report 
 28.5   of the department required under section 15.91, appropriate 
 28.6   changes in law necessary to carry out the mission and improve 
 28.7   the performance of the department. 
 28.8      Sec. 42.  Minnesota Statutes 1997 Supplement, section 
 28.9   241.01, subdivision 3b, is amended to read: 
 28.10     Subd. 3b.  [MISSION; EFFICIENCY.] It is part of the 
 28.11  department's mission that within the department's resources the 
 28.12  commissioner shall endeavor to: 
 28.13     (1) prevent the waste or unnecessary spending of public 
 28.14  money; 
 28.15     (2) use innovative fiscal and human resource practices to 
 28.16  manage the state's resources and operate the department as 
 28.17  efficiently as possible; 
 28.18     (3) coordinate the department's activities wherever 
 28.19  appropriate with the activities of other governmental agencies; 
 28.20     (4) use technology where appropriate to increase agency 
 28.21  productivity, improve service to the public, increase public 
 28.22  access to information about government, and increase public 
 28.23  participation in the business of government; 
 28.24     (5) utilize constructive and cooperative labor-management 
 28.25  practices to the extent otherwise required by chapters 43A and 
 28.26  179A; 
 28.27     (6) include specific objectives in report to the 
 28.28  legislature on the performance report required under sections 
 28.29  15.91 and 241.015 to increase the efficiency of agency 
 28.30  operations, when appropriate and the accomplishment of agency 
 28.31  goals in the agency's biennial budget according to section 
 28.32  16A.10, subdivision 1; and 
 28.33     (7) recommend to the legislature, in the performance report 
 28.34  of the department required under sections 15.91 and 241.015, 
 28.35  appropriate changes in law necessary to carry out the 
 28.36  mission and improve the performance of the department. 
 29.1      Sec. 43.  Minnesota Statutes 1997 Supplement, section 
 29.2   245.03, subdivision 2, is amended to read: 
 29.3      Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
 29.4   department's mission that within the department's resources the 
 29.5   commissioner shall endeavor to: 
 29.6      (1) prevent the waste or unnecessary spending of public 
 29.7   money; 
 29.8      (2) use innovative fiscal and human resource practices to 
 29.9   manage the state's resources and operate the department as 
 29.10  efficiently as possible, including the authority to consolidate 
 29.11  different nonentitlement grant programs, having similar 
 29.12  functions or serving similar populations, as may be determined 
 29.13  by the commissioner, while protecting the original purposes of 
 29.14  the programs.  Nonentitlement grant funds consolidated by the 
 29.15  commissioner shall be reflected in the department's biennial 
 29.16  budget.  With approval of the commissioner, vendors who are 
 29.17  eligible for funding from any of the commissioner's granting 
 29.18  authority under section 256.01, subdivision 2, paragraph (1), 
 29.19  clause (f), may submit a single application for a grant 
 29.20  agreement including multiple awards; 
 29.21     (3) coordinate the department's activities wherever 
 29.22  appropriate with the activities of other governmental agencies; 
 29.23     (4) use technology where appropriate to increase agency 
 29.24  productivity, improve customer service, increase public access 
 29.25  to information about government, and increase public 
 29.26  participation in the business of government; 
 29.27     (5) utilize constructive and cooperative labor-management 
 29.28  practices to the extent otherwise required by chapters 43A and 
 29.29  179A; 
 29.30     (6) include specific objectives in report to the 
 29.31  legislature on the performance report required under section 
 29.32  15.91 to increase the efficiency of agency operations, when 
 29.33  appropriate and the accomplishment of agency goals in the 
 29.34  agency's biennial budget according to section 16A.10, 
 29.35  subdivision 1; and 
 29.36     (7) recommend to the legislature, in the performance report 
 30.1   of the department required under section 15.91, appropriate 
 30.2   changes in law necessary to carry out the mission and improve 
 30.3   the performance of the department. 
 30.4      Sec. 44.  Minnesota Statutes 1996, section 268.0122, 
 30.5   subdivision 6, is amended to read: 
 30.6      Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
 30.7   department's mission that within the department's resources the 
 30.8   commissioner shall endeavor to: 
 30.9      (1) prevent the waste or unnecessary spending of public 
 30.10  money; 
 30.11     (2) use innovative fiscal and human resource practices to 
 30.12  manage the state's resources and operate the department as 
 30.13  efficiently as possible; 
 30.14     (3) coordinate the department's activities wherever 
 30.15  appropriate with the activities of other governmental agencies; 
 30.16     (4) use technology where appropriate to increase agency 
 30.17  productivity, improve customer service, increase public access 
 30.18  to information about government, and increase public 
 30.19  participation in the business of government; 
 30.20     (5) utilize constructive and cooperative labor-management 
 30.21  practices to the extent otherwise required by chapters 43A and 
 30.22  179A; 
 30.23     (6) include specific objectives in report to the 
 30.24  legislature on the performance report required under section 
 30.25  15.91 to increase the efficiency of agency operations, when 
 30.26  appropriate and the accomplishment of agency goals in the 
 30.27  agency's biennial budget according to section 16A.10, 
 30.28  subdivision 1; and 
 30.29     (7) recommend to the legislature, in the performance report 
 30.30  of the department required under section 15.91, appropriate 
 30.31  changes in law necessary to carry out the mission and improve 
 30.32  the performance of the department. 
 30.33     Sec. 45.  Minnesota Statutes 1996, section 270.02, 
 30.34  subdivision 3a, is amended to read: 
 30.35     Subd. 3a.  [MISSION; EFFICIENCY.] It is part of the 
 30.36  department's mission that within the department's resources the 
 31.1   commissioner shall endeavor to: 
 31.2      (1) prevent the waste or unnecessary spending of public 
 31.3   money; 
 31.4      (2) use innovative fiscal and human resource practices to 
 31.5   manage the state's resources and operate the department as 
 31.6   efficiently as possible; 
 31.7      (3) coordinate the department's activities wherever 
 31.8   appropriate with the activities of other governmental agencies; 
 31.9      (4) use technology where appropriate to increase agency 
 31.10  productivity, improve customer service, increase public access 
 31.11  to information about government, and increase public 
 31.12  participation in the business of government; 
 31.13     (5) utilize constructive and cooperative labor-management 
 31.14  practices to the extent otherwise required by chapters 43A and 
 31.15  179A; 
 31.16     (6) include specific objectives in report to the 
 31.17  legislature on the performance report required under section 
 31.18  15.91 to increase the efficiency of agency operations, when 
 31.19  appropriate and the accomplishment of agency goals in the 
 31.20  agency's biennial budget according to section 16A.10, 
 31.21  subdivision 1; and 
 31.22     (7) recommend to the legislature, in the performance report 
 31.23  of the department required under section 15.91, appropriate 
 31.24  changes in law necessary to carry out the mission and improve 
 31.25  the performance of the department. 
 31.26     Sec. 46.  Minnesota Statutes 1996, section 299A.01, 
 31.27  subdivision 1a, is amended to read: 
 31.28     Subd. 1a.  [MISSION; EFFICIENCY.] It is part of the 
 31.29  department's mission that within the department's resources the 
 31.30  commissioner shall endeavor to: 
 31.31     (1) prevent the waste or unnecessary spending of public 
 31.32  money; 
 31.33     (2) use innovative fiscal and human resource practices to 
 31.34  manage the state's resources and operate the department as 
 31.35  efficiently as possible; 
 31.36     (3) coordinate the department's activities wherever 
 32.1   appropriate with the activities of other governmental agencies; 
 32.2      (4) use technology where appropriate to increase agency 
 32.3   productivity, improve customer service, increase public access 
 32.4   to information about government, and increase public 
 32.5   participation in the business of government; 
 32.6      (5) utilize constructive and cooperative labor-management 
 32.7   practices to the extent otherwise required by chapters 43A and 
 32.8   179A; 
 32.9      (6) include specific objectives in report to the 
 32.10  legislature on the performance report required under section 
 32.11  15.91 to increase the efficiency of agency operations, when 
 32.12  appropriate and the accomplishment of agency goals in the 
 32.13  agency's biennial budget according to section 16A.10, 
 32.14  subdivision 1; and 
 32.15     (7) recommend to the legislature, in the performance report 
 32.16  of the department required under section 15.91, appropriate 
 32.17  changes in law necessary to carry out the mission and improve 
 32.18  the performance of the department. 
 32.19     Sec. 47.  [325G.53] [CONSUMER EDUCATION; TELEMARKETING 
 32.20  FRAUD.] 
 32.21     Subdivision 1.  [ESTABLISHMENT.] The attorney general shall 
 32.22  establish an outreach advocacy network to educate citizens of 
 32.23  the state with respect to telemarketing fraud. 
 32.24     Subd. 2.  [DUTIES.] The advocacy network shall: 
 32.25     (1) conduct clinics and seminars throughout the state to 
 32.26  educate consumers with respect to telemarketing fraud, including 
 32.27  providing an explanation of rights under federal and state law, 
 32.28  and recommending effective strategies to combat fraud, with 
 32.29  particular emphasis placed on educating consumers in greater 
 32.30  Minnesota and isolated areas of the state where victims may be 
 32.31  targeted; 
 32.32     (2) facilitate outreach to groups particularly susceptible 
 32.33  to telemarketing fraud by training advocates for senior citizens 
 32.34  and other consumer groups to conduct clinics and seminars in 
 32.35  their communities; 
 32.36     (3) prepare and publish informational brochures on 
 33.1   telemarketing fraud for distribution to consumers; 
 33.2      (4) serve as an information clearinghouse within the state 
 33.3   to assist consumers and others to obtain information with 
 33.4   respect to current fraudulent telemarketing activity in the 
 33.5   state; 
 33.6      (5) serve as a resource and provide assistance to local 
 33.7   prosecutors and law enforcement; and 
 33.8      (6) identify those occupations in which persons may be in a 
 33.9   good position to spot telemarketing fraud, and develop 
 33.10  specialized training programs for those persons. 
 33.11     Sec. 48.  Minnesota Statutes 1996, section 352D.12, is 
 33.12  amended to read: 
 33.13     352D.12 [TRANSFER OF PRIOR SERVICE CONTRIBUTIONS.] 
 33.14     (a) An employee who is a participant in the unclassified 
 33.15  program and who has prior service credit in a covered plan under 
 33.16  chapters 3A, 352, 352C, 353, 354, 354A, and 422A may, within the 
 33.17  time limits specified in this section, elect to transfer to the 
 33.18  unclassified program prior service contributions to one or more 
 33.19  of those plans.  Participants with six or more years of prior 
 33.20  service credit in a plan governed by chapter 3A or 352C on July 
 33.21  1, 1998, may not transfer prior service contributions.  
 33.22  Participants with less than six years of prior service credit in 
 33.23  a plan governed by chapter 3A or 352C on July 1, 1998, must be 
 33.24  contributing to the unclassified plan on or after January 5, 
 33.25  1999, in order to transfer prior contributions. 
 33.26     (b) For participants with prior service credit in a plan 
 33.27  governed by chapter 352, 353, 354, 354A, or 422A, "prior service 
 33.28  contributions" means the accumulated employee and equal employer 
 33.29  contributions with interest at an annual rate of 8.5 percent 
 33.30  compounded annually, based on fiscal year balances.  For 
 33.31  participants with less than six years of service credit as of 
 33.32  July 1, 1998, and with prior service credit in a plan governed 
 33.33  by chapter 3A or 352C, "prior service contributions" means twice 
 33.34  the amount of the accumulated member contributions plus annual 
 33.35  compound interest at the rate of 8.5 percent, computed on fiscal 
 33.36  year balances.  
 34.1      (c) If a participant has taken a refund from a fund 
 34.2   retirement plan listed in this section, the participant may 
 34.3   repay the refund to that fund plan, notwithstanding any 
 34.4   restrictions on repayment to that fund plan, plus 8.5 percent 
 34.5   interest compounded annually and have the accumulated employee 
 34.6   and equal employer contributions transferred to the unclassified 
 34.7   program with interest at an annual rate of 8.5 percent 
 34.8   compounded annually based on fiscal year balances.  If a person 
 34.9   repays a refund and subsequently elects to have the money 
 34.10  transferred to the unclassified program, the repayment amount, 
 34.11  including interest, is added to the fiscal year balance in the 
 34.12  year which the repayment was made. 
 34.13     (d) A participant electing to transfer prior service 
 34.14  contributions credited to a retirement plan governed by chapter 
 34.15  352, 353, 354, 354A, or 422A as provided under this section must 
 34.16  complete the application for the transfer and repay any refund 
 34.17  within one year of July 1, 1985 or the commencement of the 
 34.18  employee's participation in the unclassified program, whichever 
 34.19  is later.  A participant electing to transfer prior service 
 34.20  contributions credited to a retirement plan governed by chapter 
 34.21  3A or 352C as provided under this section must complete the 
 34.22  application for the transfer and repay any refund between 
 34.23  January 5, 1999, and June 1, 1999, if the employee commenced 
 34.24  participation in the unclassified program before January 5, 
 34.25  1999, or within one year of the commencement of the employee's 
 34.26  participation in the unclassified program if the employee 
 34.27  commenced participation in the unclassified program after 
 34.28  January 4, 1999.  
 34.29     Sec. 49.  Minnesota Statutes 1996, section 363.05, 
 34.30  subdivision 3, is amended to read: 
 34.31     Subd. 3.  [MISSION; EFFICIENCY.] It is part of the 
 34.32  department's mission that within the department's resources the 
 34.33  commissioner shall endeavor to: 
 34.34     (1) prevent the waste or unnecessary spending of public 
 34.35  money; 
 34.36     (2) use innovative fiscal and human resource practices to 
 35.1   manage the state's resources and operate the department as 
 35.2   efficiently as possible; 
 35.3      (3) coordinate the department's activities wherever 
 35.4   appropriate with the activities of other governmental agencies; 
 35.5      (4) use technology where appropriate to increase agency 
 35.6   productivity, improve customer service, increase public access 
 35.7   to information about government, and increase public 
 35.8   participation in the business of government; 
 35.9      (5) utilize constructive and cooperative labor-management 
 35.10  practices to the extent otherwise required by chapters 43A and 
 35.11  179A; 
 35.12     (6) include specific objectives in report to the 
 35.13  legislature on the performance report required under section 
 35.14  15.91 to increase the efficiency of agency operations, when 
 35.15  appropriate and the accomplishment of agency goals in the 
 35.16  agency's biennial budget according to section 16A.10, 
 35.17  subdivision 1; and 
 35.18     (7) recommend to the legislature, in the performance report 
 35.19  of the department required under section 15.91, appropriate 
 35.20  changes in law necessary to carry out the mission and improve 
 35.21  the performance of the department. 
 35.22     Sec. 50.  Minnesota Statutes 1996, section 469.177, 
 35.23  subdivision 11, is amended to read: 
 35.24     Subd. 11.  [DEDUCTION FOR ENFORCEMENT COSTS; 
 35.25  APPROPRIATION.] (a) The county treasurer shall deduct an amount 
 35.26  equal to 0.1 0.25 percent of any increment distributed to an 
 35.27  authority or municipality.  The county treasurer shall pay the 
 35.28  amount deducted to the state treasurer for deposit in the state 
 35.29  general fund. 
 35.30     (b) The amounts deducted and paid under paragraph (a) are 
 35.31  appropriated to the state auditor for the cost of (1) the 
 35.32  financial reporting of tax increment financing information and 
 35.33  (2) the cost of examining and auditing of authorities' use of 
 35.34  tax increment financing as provided under section 469.1771, 
 35.35  subdivision 1.  Notwithstanding section 16A.28 or any other law 
 35.36  to the contrary, this appropriation does not cancel and remains 
 36.1   available until spent.  
 36.2      Sec. 51.  Laws 1994, chapter 632, article 3, section 12, as 
 36.3   amended by Laws 1995, First Special Session chapter 2, article 
 36.4   1, section 40, is amended to read: 
 36.5   Sec. 12.  MILITARY AFFAIRS                              50,000
 36.6   This appropriation is to the adjutant 
 36.7   general for a grant to the Minnesota 
 36.8   National Guard youth camp to set up and 
 36.9   provide initial funding for a 
 36.10  foundation to run the camp.  The 
 36.11  appropriation is available only as 
 36.12  matched, dollar for dollar, by an equal 
 36.13  amount from nonstate sources.  Matching 
 36.14  money received after January 1, 1998, 
 36.15  may be counted as match for any 
 36.16  appropriations for this project made 
 36.17  after that date. 
 36.18     Sec. 52.  Laws 1997, chapter 202, article 1, section 11, is 
 36.19  amended to read: 
 36.20  Sec. 11.  OFFICE OF STRATEGIC 
 36.21  AND LONG-RANGE PLANNING                4,973,000      5,317,000
 36.22  $175,000 the first year and $175,000 
 36.23  the second year are for statewide 
 36.24  grants to implement teen courts pilot 
 36.25  projects.  Up to five percent of the 
 36.26  appropriation may be used to administer 
 36.27  the program.  This appropriation shall 
 36.28  not be included in the agency's base 
 36.29  for future bienniums. 
 36.30  $165,000 the first year 
 36.31  and $165,000 $389,000 the second year 
 36.32  are for community-based planning and 
 36.33  the advisory council on community-based 
 36.34  planning. 
 36.35  $375,000 the second year is for 
 36.36  planning grants to counties, joint 
 36.37  planning districts that include at 
 36.38  least one county, or to a county and 
 36.39  one or more municipalities within the 
 36.40  county, when they submit a joint 
 36.41  planning application to prepare 
 36.42  community-based plans.  A county 
 36.43  receiving a grant may provide funding 
 36.44  to municipalities within the county for 
 36.45  purposes of the grant.  The office 
 36.46  shall give priority for grants to joint 
 36.47  planning districts or joint 
 36.48  applications from a county and one or 
 36.49  more municipalities.  This 
 36.50  appropriation is available until June 
 36.51  30, 2000. 
 36.52  $375,000 $151,000 the second year is 
 36.53  for technology grants to counties, or 
 36.54  joint planning districts that include 
 36.55  at least one county, that elect to 
 36.56  prepare community-based plans.  This 
 36.57  appropriation is available until June 
 36.58  30, 2000. 
 37.1   $350,000 the first year is to make a 
 37.2   grant to a joint powers board, if one 
 37.3   is established by the counties of 
 37.4   Benton, Sherburne, and Stearns, and the 
 37.5   cities of St. Cloud, Waite Park, 
 37.6   Sartell, St. Joseph, and Sauk Rapids, 
 37.7   for the purposes of joint planning 
 37.8   under this act.  Other cities and towns 
 37.9   within the counties may elect to 
 37.10  participate in the joint planning 
 37.11  district.  The director may make the 
 37.12  grant once the joint powers board has 
 37.13  been formed and a copy of the joint 
 37.14  powers agreement has been received by 
 37.15  the director.  Members of the joint 
 37.16  powers board may delegate their 
 37.17  authority to adopt official controls to 
 37.18  the joint powers board. 
 37.19  $150,000 the first year is to make 
 37.20  three grants to additional counties or 
 37.21  joint powers boards selected to 
 37.22  participate in the community-based 
 37.23  planning pilot project.  A county that 
 37.24  receives a grant from this 
 37.25  appropriation may provide funding to 
 37.26  municipalities within the county for 
 37.27  purposes relating to the grant. 
 37.28     Sec. 53.  Laws 1997, Second Special Session chapter 2, 
 37.29  section 8, is amended to read: 
 37.30  Sec. 8.  STRATEGIC AND LONG-RANGE
 37.31  PLANNING                                                100,000
 37.32  This is a one-time appropriation from 
 37.33  the general fund to develop an 
 37.34  application for federal empowerment 
 37.35  zone and enterprise credits for local 
 37.36  communities and not-for-profit 
 37.37  organizations assist local communities 
 37.38  and not-for-profit organizations in 
 37.39  developing long-range strategic 
 37.40  community planning efforts and in 
 37.41  applying for grant dollars to support 
 37.42  local planning efforts and in applying 
 37.43  for grant dollars to support local 
 37.44  planning and implementation efforts. 
 37.45     Sec. 54.  [ADMINISTRATIVE HEARINGS; SETTLEMENT DIVISION.] 
 37.46     Subdivision 1.  [SETTLEMENT DIVISION; TRANSFER OF 
 37.47  JUDGES.] The office of administrative hearings shall establish a 
 37.48  settlement division.  The workers' compensation judges at the 
 37.49  department of labor and industry, together with their support 
 37.50  staff, offices, furnishings, equipment, and supplies are 
 37.51  transferred to the settlement division of the office of 
 37.52  administrative hearings in accordance with Minnesota Statutes, 
 37.53  section 15.039.  The settlement division of the office of 
 37.54  administrative hearings must maintain offices in the cities of 
 37.55  St. Paul, Duluth, and Detroit Lakes.  The office of a judge in 
 38.1   the settlement division of the office of administrative hearings 
 38.2   and the support staff of the judge may be located in a building 
 38.3   that contains offices of the department of labor and industry.  
 38.4   The seniority of a workers' compensation judge at the office of 
 38.5   administrative hearings, after the transfer, must be based on 
 38.6   the total length of service as a judge at either agency. 
 38.7      Subd. 2.  [TRANSFER OF DUTIES.] The powers and duties 
 38.8   assigned to the workers' compensation judges at the department 
 38.9   of labor and industry on July 1, 1997, are transferred to 
 38.10  workers' compensation judges at the office of administrative 
 38.11  hearings.  The powers and duties assigned to the customer 
 38.12  assistance teams on July 1, 1997, remain at the department of 
 38.13  labor and industry. 
 38.14     The powers and duties of the commissioner of labor and 
 38.15  industry are unchanged by this section.  The powers and duties 
 38.16  that remain with the customer assistance teams include, but are 
 38.17  not limited to: 
 38.18     (1) all authority, orders, and documents necessary to 
 38.19  review mediation resolutions and to issue mediation awards, as 
 38.20  provided by Minnesota Statutes, section 176.521, and Minnesota 
 38.21  Rules, part 5220.2670; 
 38.22     (2) all authority, orders, and documents regarding 
 38.23  rehabilitation services and plans and the monitoring of 
 38.24  rehabilitation consultants and vendors, as provided for in 
 38.25  Minnesota Statutes, section 176.102; 
 38.26     (3) conducting administrative conferences and issuing 
 38.27  administrative decisions as provided for in Minnesota Statutes, 
 38.28  section 176.106; 
 38.29     (4) determinations, orders, and documents under Minnesota 
 38.30  Statutes, sections 176.103, 176.135, 176.136, and 176.231; 
 38.31     (5) determinations and orders under interest provisions set 
 38.32  forth in Minnesota Statutes, sections 176.191, 176.221, and 
 38.33  176.361; and 
 38.34     (6) all authority, orders, and documents necessary to 
 38.35  initiate proceedings under Minnesota Statutes, section 176.271. 
 38.36     Subd. 3.  [TRANSFER OF FUNDS.] The commissioner of finance, 
 39.1   after consultation with the commissioner of the department of 
 39.2   labor and industry and the chief administrative law judge, shall 
 39.3   make the appropriate transfer of funds from the department of 
 39.4   labor and industry to the office of administrative hearings.  
 39.5   The funds transferred must be sufficient to provide for the 
 39.6   smooth running of the settlement division and pay the salaries 
 39.7   of all personnel transferred to the office of administrative 
 39.8   hearings plus the salaries for any judge or support staff 
 39.9   positions that were filled on October 1, 1997, but are vacant on 
 39.10  the effective date of this act.  The commissioner of finance 
 39.11  shall report to the legislature if the appropriation for the 
 39.12  department of labor and industry is insufficient following the 
 39.13  transfer of funds. 
 39.14     Subd. 4.  [SMALL CLAIMS COURT TRANSFER.] The small claims 
 39.15  court at the department of labor and industry is transferred to 
 39.16  the office of administrative hearings. 
 39.17     Subd. 5.  [INSTRUCTION TO REVISOR.] The revisor of statutes 
 39.18  shall replace the term "settlement judge" with the term 
 39.19  "compensation judge" wherever it appears in Minnesota Statutes 
 39.20  and Minnesota Rules. 
 39.21     Subd. 6.  [NO EFFECT ON CERTAIN AGREEMENTS.] This section 
 39.22  does not abrogate or modify the terms of a memorandum of 
 39.23  understanding entered into by the state and an exclusive 
 39.24  representative of state employees affected by the transfer of 
 39.25  duties in this section. 
 39.26     Sec. 55.  [REPEALER.] 
 39.27     Minnesota Statutes 1996, sections 3.971, subdivision 3; 
 39.28  15.90; 15.91; and 15.92; and Minnesota Statutes 1997 Supplement, 
 39.29  sections 16A.11, subdivision 3c; and 241.015, are repealed. 
 39.30     Sec. 56.  [EFFECTIVE DATE.] 
 39.31     This act is effective the day following final enactment, 
 39.32  except that section 17 is effective for the budget for the 
 39.33  fiscal year beginning July 1, 1999, and thereafter; section 49 
 39.34  is effective for increments distributed to an authority or 
 39.35  municipality after June 30, 1998; section 47 is effective 
 39.36  January 1, 1999; sections 21 and 22 are effective on August 1, 
 40.1   1998; and section 38 is effective July 1, 1999.