Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                          CHAPTER 4-H.F.No. 1 
           An act relating to legislative committees; providing 
          for the designation of successor legislative 
          committees; updating statutory references to names of 
          committees; amending Minnesota Statutes 1992, sections 
          3.30, subdivision 2; 3.855, subdivision 1; 3.873, 
          subdivision 2; 3.97, subdivision 2; 3.98, subdivision 
          1; 11A.041; 15.161; 16A.128, subdivision 2a; 16A.69, 
          subdivision 2; 16B.335; 16B.41, subdivision 2; 18E.06; 
          115B.20, subdivision 6; 116P.05, subdivision 1; 
          124.078; 135A.05; 136.261, subdivision 1; 136.41, 
          subdivision 8; 137.02, subdivision 3a; 144.878, 
          subdivision 5; 144A.071, subdivision 5; 246.64, 
          subdivision 3; 256.014, subdivision 3; 256.031, 
          subdivision 3; 256.736, subdivisions 3a and 9; 
          256.9352, subdivision 3; 256B.0629, subdivision 3; 
          256B.0925, subdivision 3; 268.916; 355.50; and 
          473.846; proposing coding for new law in Minnesota 
          Statutes, chapter 3; repealing Minnesota Statutes 
          1992, section 268.081. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [3.056] [DESIGNATION OF SUCCESSOR COMMITTEE.] 
     If a law assigns a power or duty to a named legislative 
committee or its chair, and the committee has been renamed or no 
longer exists, the speaker of the house of representatives or 
the senate committee on rules and administration shall designate 
the successor committee or chair for the law as provided in this 
section.  If the committee has been renamed but retains 
jurisdiction of the subject of the power or duty, the speaker or 
senate committee shall designate the renamed committee as 
successor.  If the committee has been renamed and jurisdiction 
of the subject of the power or duty has been transferred to 
another committee, the speaker or senate committee shall 
designate the committee with current jurisdiction as the 
successor.  If the named committee no longer exists, the speaker 
or senate committee shall designate as successor the committee 
with the jurisdiction that most closely corresponds with the 
former jurisdiction of the named committee.  
     Sec. 2.  Minnesota Statutes 1992, section 3.30, subdivision 
2, is amended to read: 
    Subd. 2.  [MEMBERS; DUTIES.] The majority leader of the 
senate or a designee, the chair of the senate committee on 
finance, and the chair of the senate division of finance 
responsible for overseeing the items being considered by the 
commission, the speaker of the house of representatives or a 
designee, the chair of the house committee on appropriations 
ways and means, and the chair of the finance division of the 
house appropriations committee responsible for overseeing the 
items being considered by the commissioner constitute the 
legislative advisory commission.  The division chair of the 
finance committee in the senate and the division chair of 
the appropriations committee finance division in the house shall 
rotate according to the items being considered by the 
commission.  If any of the members elect not to serve on the 
commission, the house of which they are members, if in session, 
shall select some other member for the vacancy.  If the 
legislature is not in session, vacancies in the house membership 
of the commission shall be filled by the last speaker of the 
house or, if the speaker is not available, by the last chair of 
the house rules committee, and by the last senate committee on 
committees or other appointing authority designated by the 
senate rules in case of a senate vacancy.  The commissioner of 
finance shall be secretary of the commission and keep a 
permanent record and minutes of its proceedings, which are 
public records.  The commissioner of finance shall transmit, 
under section 3.195, a report to the next legislature of all 
actions of the commission.  Members shall receive traveling and 
subsistence expenses incurred attending meetings of the 
commission.  The commission shall meet from time to time upon 
the call of the governor or upon the call of the secretary at 
the request of two or more of its members.  A recommendation of 
the commission must be made at a meeting of the commission 
unless a written recommendation is signed by all the members 
entitled to vote on the item, except that a recommendation under 
section 298.2213, subdivision 4, or 298.296, subdivision 1, need 
only be signed by a majority of the members entitled to vote on 
the item. 
    Sec. 3.  Minnesota Statutes 1992, section 3.855, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ESTABLISHMENT.] The legislative commission 
on employee relations is created.  The commission consists of 
six members of the senate and six members of the house of 
representatives.  The senate members shall be the leader of the 
majority caucus of the senate, the leader of the minority caucus 
of the senate, the chair of the governmental operations and 
reform committee, the chair of the finance committee, the chair 
of the committee on taxes and tax laws, and an additional member 
designated by the leader of the minority caucus.  The house 
members shall be the speaker, the leader of the minority caucus 
of the house, the chair of the governmental operations and 
gaming committee, the chair of the appropriations ways and means 
committee, the chair of the taxes committee, and an additional 
member designated by the leader of the minority caucus.  If the 
membership of the house is evenly divided, the house members 
shall be selected under the rules of the house.  A member of the 
commission may resign by providing notice to the chair.  Upon 
resignation by a member of the: 
     (1) senate, a replacement shall be selected from among the 
members of the senate by the committee on rules; 
     (2) house, a replacement shall be selected from among the 
members of the house under house rules.  
The commission shall elect officers for terms of two years.  The 
chair of the commission shall alternate between a member of the 
senate and a member of the house. 
    Sec. 4.  Minnesota Statutes 1992, section 3.873, 
subdivision 2, is amended to read: 
    Subd. 2.  [MEMBERSHIP AND TERMS.] The commission consists 
of 16 members that reflect a proportionate representation from 
each party.  Eight members from the house shall be appointed by 
the speaker of the house and eight members from the senate shall 
be appointed by the subcommittee on committees of the committee 
on rules and administration.  The membership must include 
members of the following committees in the house and the 
senate:  health and human services, family services, health 
care, governmental operations and gaming, governmental 
operations and reform, education, judiciary, and appropriations 
ways and means or finance.  The commission must have 
representatives from both rural and metropolitan areas.  The 
terms of the members are for two years beginning on January 1 of 
each odd-numbered year.  
    Sec. 5.  Minnesota Statutes 1992, section 3.97, subdivision 
2, is amended to read: 
    Subd. 2.  The legislative audit commission is created.  The 
commission consists of: 
    (1) the majority leader of the senate and the president of 
the senate or their designees; 
    (2) the chair of the senate committee on taxes or a 
designee who is a member of the committee; 
    (3) the chair of the senate committee on governmental 
operations and reform or a designee who is a member of the 
committee; 
    (4) the chair of the senate committee on finance or a 
designee who is a member of the committee; 
    (5) three members of the senate appointed by the senate 
minority leader; 
    (6) the speaker of the house and the chair of the house 
committee on rules or their designees; 
    (7) the chair of the house committee on taxes or a designee 
who is a member of the committee; 
    (8) the chair of the house committee on governmental 
operations and gaming or a designee who is a member of the 
committee; 
    (9) the chair of the house appropriations ways and means 
committee or a designee who is a member of the committee; and 
    (10) three members of the house appointed by the house 
minority leader.  
The appointed members of the commission shall serve for a term 
commencing upon appointment and expiring at the opening of the 
next regular session of the legislature in the odd-numbered year 
and until a successor is appointed.  A vacancy in the membership 
of the commission shall be filled for the unexpired term in a 
manner that will preserve the representation established by this 
subdivision.  
     The commission shall elect its chair and other officers as 
it may determine necessary.  It shall meet at the call of the 
chair or the executive secretary.  The members shall serve 
without compensation but be reimbursed for their reasonable 
expenses as members of the legislature.  The commission may 
exercise the powers prescribed by section 3.153.  
    Sec. 6.  Minnesota Statutes 1992, section 3.98, subdivision 
1, is amended to read: 
    Subdivision 1.  The head or chief administrative officer of 
each department or agency of the state government, including the 
supreme court, shall prepare a fiscal note at the request of the 
chair of the standing committee to which a bill has been 
referred, or the chair of the house appropriations ways and 
means committee, or the chair of the senate committee on finance.
    For purposes of this subdivision, "supreme court" includes 
all agencies, committees, and commissions supervised or 
appointed by the state supreme court or the state court 
administrator. 
    Sec. 7.  Minnesota Statutes 1992, section 11A.041, is 
amended to read: 
    11A.041 [REPORT ON POSTRETIREMENT INVESTMENT FUND 
INVESTMENT PERFORMANCE AND ADJUSTMENT CALCULATION.] 
    The state board of investment shall annually report to the 
legislative commission on pensions and retirement, the house of 
representatives governmental operations and gaming committee, 
and the senate governmental operations and reform committee on 
the investment performance investment activities, and 
postretirement adjustment calculations of the Minnesota 
postretirement investment fund established under section 
11A.18.  The annual report must be filed before January 1.  The 
contents of the report must include the reporting requirements 
specified by the legislative commission on pensions and 
retirement as part of the standards adopted by the commission 
under section 3.85, subdivision 10.  The report also may include 
any additional information that the state board of investment 
determines is appropriate. 
    Sec. 8.  Minnesota Statutes 1992, section 15.161, is 
amended to read: 
    15.161 [ACCEPTANCE OF FEDERAL LANDS OR BUILDINGS; 
CONSULTATION WITH LEGISLATIVE COMMITTEES.] 
    The head of a state department or agency shall consult with 
the chair of the house appropriations ways and means committee 
and the chair of the senate finance committee before accepting 
any federal land or buildings thereon or any interest therein 
which is declared surplus by federal authorities and obtaining a 
recommendation thereon which shall be advisory only.  Failure to 
obtain a recommendation thereon promptly shall be deemed a 
negative recommendation.  
    Sec. 9.  Minnesota Statutes 1992, section 16A.128, 
subdivision 2a, is amended to read: 
    Subd. 2a.  [PROCEDURE.] Other fees not fixed by law must be 
fixed by rule according to chapter 14.  Before an agency submits 
notice to the State Register of intent to adopt rules that 
establish or adjust fees, the agency must send a copy of the 
notice and the proposed rules to the chairs of the house 
appropriations ways and means committee and senate finance 
committee. 
    Sec. 10.  Minnesota Statutes 1992, section 16A.69, 
subdivision 2, is amended to read: 
    Subd. 2.  [TRANSFER BETWEEN ACCOUNTS.] Upon the awarding of 
final contracts for the completion of a project for construction 
or other permanent improvement, or upon the abandonment of the 
project, the agency to whom the appropriation was made may 
transfer the unencumbered balance in the project account to 
another project enumerated in the same section of that 
appropriation act.  The transfer must be made only to cover bids 
for the other project that were higher than was estimated when 
the appropriation for the other project was made and not to 
cover an expansion of the other project.  The money transferred 
under this section is appropriated for the purposes for which 
transferred.  For transfers by the state board of technical 
colleges, the total cost of both projects and the required local 
share for both projects are adjusted accordingly.  The agency 
proposing a transfer shall report to the chair of the senate 
finance committee and the chair of the house appropriations ways 
and means committee before the transfer is made under this 
subdivision. 
    Sec. 11.  Minnesota Statutes 1992, section 16B.335, is 
amended to read: 
    16B.335 [REVIEW OF PLANS AND PROJECTS.] 
    Subdivision 1.  [CONSTRUCTION AND MAJOR REMODELING.] The 
commissioner, or any other agency to whom an appropriation is 
made to acquire or better public lands or buildings or other 
public improvements of a capital nature, must not prepare final 
plans and specifications for any construction, major remodeling, 
or land acquisition authorized by the appropriation until the 
agency that will use the project has presented the program plan 
and cost estimates for all elements necessary to complete the 
project to the chair of the senate finance committee and the 
chair of the house appropriations ways and means committee and 
the chairs have made their recommendations.  "Construction or 
major remodeling" means construction of a new building or 
substantial alteration of the exterior dimensions or interior 
configuration of an existing building.  The presentation must 
note any significant changes in the work that will be done, or 
in its cost, since the appropriation for the project was 
enacted.  The program plans and estimates must be presented for 
review at least two weeks before a recommendation is needed.  
The recommendations are advisory only.  Failure or refusal to 
make a recommendation is considered a negative recommendation. 
    Subd. 2.  [OTHER PROJECTS.] All other capital projects 
except for those contained in agency operations budgets, 
including building improvements, small structures at experiment 
stations, asbestos removal, life safety, PCB removal, 
tuckpointing, roof repair, code compliance, landscaping, 
drainage, electrical and mechanical systems work, paving of 
streets, parking lots, and the like must not proceed until the 
agency undertaking the project has notified the chair of the 
senate finance committee and the chair of the house 
appropriations ways and means committee that the work is ready 
to begin. 
    Sec. 12.  Minnesota Statutes 1992, section 16B.41, 
subdivision 2, is amended to read: 
    Subd. 2.  [RESPONSIBILITIES.] The office has the following 
duties: 
    (a) The office must develop and establish a state 
information architecture to ensure that further state agency 
development and purchase of information systems equipment and 
software is directed in such a manner that individual agency 
information systems complement and do not needlessly duplicate 
or needlessly conflict with the systems of other agencies.  In 
those instances where state agencies have need for the same or 
similar computer data, the commissioner shall ensure that the 
most efficient and cost-effective method of producing and 
storing data for or sharing data between those agencies is 
used.  The development of this information architecture must 
include the establishment of standards and guidelines to be 
followed by state agencies.  The commissioner of administration 
must establish interim standards and guidelines by August 1, 
1987.  The office must establish permanent standards and 
guidelines by July 1, 1988.  On January 1, 1988, and every six 
months thereafter, any state agency that has purchased 
information systems equipment or software in the past six 
months, or that is contemplating purchasing this equipment or 
software in the next six months, must report to the office and 
to the chairs of the house appropriations ways and means 
committee and the senate finance committee on how the purchases 
or proposed purchases comply with the applicable standards and 
guidelines.  
     (b) The office shall assist state agencies in the planning 
and management of information systems so that an individual 
information system reflects and supports the state agency's and 
the state's mission, requirements, and functions.  
     (c) The office must review and approve all agency requests 
for legislative appropriations for the development or purchase 
of information systems equipment or software.  Requests may not 
be included in the governor's budget submitted to the 
legislature, unless the office has approved the request. 
     (d) Each biennium the office must rank in order of priority 
agency requests for new appropriations for development or 
purchase of information systems equipment or software.  The 
office must submit this ranking to the legislature at the same 
time, or no later than 14 days after, the governor submits the 
budget message to the legislature. 
     (e) The office must define, review, and approve major 
purchases of information systems equipment to (1) ensure that 
the equipment follows the standards and guidelines of the state 
information architecture; (2) ensure that the equipment is 
consistent with the information management principles adopted by 
the information policy council; (3) evaluate whether or not the 
agency's proposed purchase reflects a cost-effective policy 
regarding volume purchasing; and (4) ensure the equipment is 
consistent with other systems in other state agencies so that 
data can be shared among agencies, unless the office determines 
that the agency purchasing the equipment has special needs 
justifying the inconsistency.  The commissioner of finance may 
not allot funds appropriated for major purchases of information 
systems equipment until the office reviews and approves the 
proposed purchase.  A public institution of higher education 
must not purchase interconnective computer technology without 
the prior approval of the office.  
     (f) The office shall review the operation of information 
systems by state agencies and provide advice and assistance so 
that these systems are operated efficiently and continually meet 
the standards and guidelines established by the office. 
    Sec. 13.  Minnesota Statutes 1992, section 18E.06, is 
amended to read: 
    18E.06 [REPORT TO WATER COMMISSION.] 
    By November 1, 1990, and each year thereafter, the 
agricultural chemical response compensation board and the 
commissioner shall submit to the house of representatives 
committee on appropriations ways and means, the senate committee 
on finance, and the legislative water commission a report 
detailing the activities and reimbursements for which money from 
the account has been spent during the previous year. 
    Sec. 14.  Minnesota Statutes 1992, section 115B.20, 
subdivision 6, is amended to read: 
    Subd. 6.  [REPORT TO LEGISLATURE.] Each year, the 
commissioner of agriculture and the agency shall submit to the 
senate finance committee, the house appropriations ways and 
means committee, and the legislative commission on waste 
management a report detailing the activities for which money 
from the account has been spent during the previous fiscal year. 
    Sec. 15.  Minnesota Statutes 1992, section 116P.05, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MEMBERSHIP.] (a) A legislative commission 
on Minnesota resources of 16 members is created, consisting of 
the chairs of the house and senate committees on environment and 
natural resources or designees appointed for the terms of the 
chairs, the chairs of the house appropriations ways and means 
and senate finance committees or designees appointed for the 
terms of the chairs, six members of the senate appointed by the 
subcommittee on committees of the committee on rules and 
administration, and six members of the house appointed by the 
speaker.  
    At least two members from the senate and two members from 
the house must be from the minority caucus.  Members are 
entitled to reimbursement for per diem expenses plus travel 
expenses incurred in the services of the commission.  
    (b) Members shall appoint a chair who shall preside and 
convene meetings as often as necessary to conduct duties 
prescribed by this chapter. 
    (c) Members shall serve on the commission until their 
successors are appointed. 
    (d) Vacancies occurring on the commission shall not affect 
the authority of the remaining members of the commission to 
carry out their duties, and vacancies shall be filled in the 
same manner under paragraph (a). 
    Sec. 16.  Minnesota Statutes 1992, section 124.078, is 
amended to read: 
    124.078 [PERMANENT SCHOOL FUND ADVISORY COMMITTEE.] 
    A state permanent school fund advisory committee is 
established to advise the department of natural resources on the 
management of permanent school fund land, which is held in trust 
for the school districts of the state.  The advisory committee 
shall consist of the following persons or their designees:  the 
chairs of the education committees of the legislature, the 
chairs of the senate committee on finance and house committee on 
appropriations ways and means, the commissioner of education, 
one superintendent from a nonmetropolitan district, and one 
superintendent from a metropolitan area district.  The school 
district superintendents shall be appointed by the commissioner 
of education.  
    The advisory committee shall review the policies of the 
department of natural resources on management of school trust 
fund lands and shall recommend necessary changes in policy and 
implementation in order to ensure provident utilization of the 
permanent school fund lands.  
    Sec. 17.  Minnesota Statutes 1992, section 135A.05, is 
amended to read: 
    135A.05 [TASK FORCE.] 
    The executive director of the Minnesota higher education 
coordinating board shall administer a task force on average cost 
funding.  The task force shall include representation from each 
of the public systems of post-secondary education, 
post-secondary students, the higher education finance division 
of the house appropriations education committee, the higher 
education division of the senate finance education committee, 
and the office of the commissioner of finance.  The task force 
shall be convened and chaired by the executive director or a 
designee and staffed by the higher education coordinating 
board.  The task force shall be convened at least annually.  The 
task force shall review and make recommendations on the 
definition of instructional cost in all four systems, the method 
of calculating average cost for funding purposes, the method 
used to assign programs to the proper level of cost at each 
level of instruction, the adequacy of the accounting data for 
defining instructional cost in a uniform manner, and the 
biennial budget format to be used by the four systems in 
submitting their biennial budget requests.  The task force shall 
submit a report on these matters to the legislature by December 
1 of each odd-numbered year.  The task force expires June 30, 
1993. 
    Sec. 18.  Minnesota Statutes 1992, section 136.261, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PURCHASE OF NEIGHBORING PROPERTY.] The 
state university board may purchase property adjacent to or in 
the vicinity of the campuses as necessary for the development of 
the universities.  Before taking action, the board shall consult 
with the chairs of the senate finance committee and the house 
appropriations ways and means committee about the proposed 
action.  The board shall explain the need to acquire property, 
specify the property to be acquired, and indicate the source and 
amount of money needed for the acquisition.  
    Sec. 19.  Minnesota Statutes 1992, section 136.41, 
subdivision 8, is amended to read: 
    Subd. 8.  The state university board or a successor may 
issue additional revenue bonds under sections 136.31 to 136.38 
in an aggregate principal amount not exceeding $40,000,000, 
subject to the resolutions authorizing its outstanding revenue 
bonds, and payable from the revenue appropriated to the fund 
established by section 136.35, and use the proceeds together 
with other public or private money that may otherwise become 
available to acquire land, and to acquire, construct, complete, 
remodel, and equip structures to be used for dormitory, 
residence hall, student union, food service, and related parking 
purposes at the state universities.  Before issuing the bonds or 
any part of them, the board shall consult with and obtain the 
advisory recommendations of the chairs of the house 
appropriations ways and means committee and the senate finance 
committee about the facilities to be financed by the bonds. 
    Sec. 20.  Minnesota Statutes 1992, section 137.02, 
subdivision 3a, is amended to read: 
    Subd. 3a.  [CONSULTATION REQUIRED.] Land must not be 
purchased and a building must not be purchased, constructed, or 
erected on land of the University of Minnesota until the regents 
have first consulted with the chair of the senate finance 
committee and the chair of the house appropriations ways and 
means committee and obtained their advisory recommendations. 
    Sec. 21.  Minnesota Statutes 1992, section 144.878, 
subdivision 5, is amended to read: 
    Subd. 5.  [LEAD ABATEMENT CONTRACTORS AND EMPLOYEES.] The 
commissioner shall adopt rules to license abatement contractors, 
to certify employees of lead abatement contractors who perform 
abatement, and to certify lead abatement trainers who provide 
lead abatement training for contractors, employees, or other 
lead abatement trainers.  The rules must include standards and 
procedures for on-the-job training for swab teams.  All lead 
abatement training must include a hands-on component and 
instruction on the health effects of lead exposure, the use of 
personal protective equipment, workplace hazards and safety 
problems, abatement methods and work practices, decontamination 
procedures, cleanup and waste disposal procedures, lead 
monitoring and testing methods, and legal rights and 
responsibilities.  At least 30 days before publishing initial 
notice of proposed rules under this subdivision on the licensing 
of lead abatement contractors, the commissioner shall submit the 
rules to the chairs of the health and human services committees 
committee in the house of representatives and the health care 
committee in the senate, and to any legislative committee on 
licensing created by the legislature. 
    Sec. 22.  Minnesota Statutes 1992, section 144A.071, 
subdivision 5, is amended to read: 
    Subd. 5.  [REPORT.] The commissioner of the state planning 
agency, in consultation with the commissioners of health and 
human services, shall report to the senate health and human 
services care committee and the house health and welfare human 
services committee by January 15, 1986 and biennially thereafter 
regarding:  
    (1) projections on the number of elderly Minnesota 
residents including medical assistance recipients; 
    (2) the number of residents most at risk for nursing home 
placement; 
    (3) the needs for long-term care and alternative home and 
noninstitutional services; 
    (4) availability of and access to alternative services by 
geographic region; and 
    (5) the necessity or desirability of continuing, modifying, 
or repealing the moratorium in relation to the availability and 
development of the continuum of long-term care services.  
    Sec. 23.  Minnesota Statutes 1992, section 246.64, 
subdivision 3, is amended to read: 
    Subd. 3.  [RESPONSIBILITIES OF COMMISSIONER.] The 
commissioner shall credit all receipts from billings for rates 
set in subdivision 1, except those credited according to 
subdivision 2, to the chemical dependency fund.  This money must 
not be used for a regional treatment center activity that is not 
a chemical dependency service or an allocation of expenditures 
that are included in the base for computation of the rates under 
subdivision 1.  The commissioner may expand chemical dependency 
services so long as expenditures are recovered by patient fees, 
transfer of funds, or supplementary appropriations.  The 
commissioner may expand or reduce chemical dependency staff 
complement as long as expenditures are recovered by patient 
fees, transfer of funds, or supplementary appropriations.  
Notwithstanding chapters 176 and 268, the commissioner shall 
provide for the self-insurance of regional treatment center 
chemical dependency programs for the costs of unemployment 
compensation and workers' compensation claims.  The commissioner 
shall provide a biennial report to the chairs of the senate 
finance subcommittee on health and human services division on 
health care and family services, the house of representatives 
human services division of appropriations on health and housing 
finance, and the senate health care committee and house of 
representatives health and human services committees committee.  
    Sec. 24.  Minnesota Statutes 1992, section 256.014, 
subdivision 3, is amended to read: 
    Subd. 3.  [REPORT.] The commissioner of human services 
shall report to the chair of the house appropriations ways and 
means committee and the chair of the senate finance committee on 
January 1 of each year detailing project expenditures to date, 
methods used to maximize county participation, and the fiscal 
impact on programs, counties, and clients. 
    Sec. 25.  Minnesota Statutes 1992, section 256.031, 
subdivision 3, is amended to read: 
    Subd. 3.  [AUTHORIZATION FOR THE DEMONSTRATION.] (a) The 
commissioner of human services, in consultation with the 
commissioners of education, finance, jobs and training, health, 
and planning, and the director of the higher education 
coordinating board, is authorized to proceed with the planning 
and designing of the Minnesota family investment plan and to 
implement the plan to test policies, methods, and cost impact on 
an experimental basis by using field trials.  The commissioner, 
under the authority in section 256.01, subdivision 2, shall 
implement the plan according to sections 256.031 to 256.0361 and 
Public Law Numbers 101-202 and 101-239, section 8015, as 
amended.  If major and unpredicted costs to the program occur, 
the commissioner may take corrective action consistent with 
Public Law Numbers 101-202 and 101-239, which may include 
termination of the program.  Before taking such corrective 
action, the commissioner shall consult with the chairs of the 
senate health and human family services committee, the house 
health and human services committee, the health care and human 
family services division of the senate finance committee family 
services and health care committees and the human resources 
services division of the house appropriations health and human 
services committee, or, if the legislature is not in session, 
consult with the legislative advisory commission. 
    (b) The field trials shall be conducted as permitted under 
federal law, for as many years as necessary, and in different 
geographical settings, to provide reliable instruction about the 
desirability of expanding the program statewide. 
    (c) The commissioner shall select the counties which shall 
serve as field trial or comparison sites based on criteria which 
ensure reliable evaluation of the program.  
    (d) The commissioner is authorized to determine the number 
of families and characteristics of subgroups to be included in 
the evaluation.  
     (i) A family that applies for or is currently receiving 
financial assistance from aid to families with dependent 
children; family general assistance or work readiness; or food 
stamps may be tested for eligibility for aid to families with 
dependent children or family general assistance and may be 
assigned by the commissioner to a test or a comparison group for 
the purposes of evaluating the family investment plan.  A family 
found not eligible for aid to families with dependent children 
or family general assistance will be tested for eligibility for 
the food stamp program.  If found eligible for the food stamp 
program, the commissioner may randomly assign the family to a 
test group, comparison group, or neither group.  Families 
assigned to a test group receive benefits and services through 
the family investment plan.  Families assigned to a comparison 
group receive benefits and services through existing programs.  
A family may not select the group to which it is assigned.  Once 
assigned to a group, an eligible family must remain in that 
group for the duration of the project. 
     (ii) To evaluate the effectiveness of the family investment 
plan, the commissioner may designate a subgroup of families from 
the test group who shall be exempt from section 256.035, 
subdivision 1, and shall not receive case management services 
under section 256.035, subdivision 6a.  Families are eligible 
for services under section 256.736 to the same extent as 
families receiving AFDC.  
    Sec. 26.  Minnesota Statutes 1992, section 256.736, 
subdivision 3a, is amended to read: 
    Subd. 3a.  [PARTICIPATION.] (a) Except as provided under 
paragraphs (b) and (c), participation in employment and training 
services under this section is limited to the following 
recipients:  
     (1) caretakers who are required to participate in a job 
search under subdivision 14; 
     (2) custodial parents who are subject to the school 
attendance or case management participation requirements under 
subdivision 3b; 
     (3) caretakers whose participation in employment and 
training services began prior to May 1, 1990, if the caretaker's 
AFDC eligibility has not been interrupted for 30 days or more 
and the caretaker's employability development plan has not been 
completed; 
     (4) recipients who are members of a family in which the 
youngest child is within two years of being ineligible for AFDC 
due to age; 
     (5) custodial parents under the age of 24 who:  (i) have 
not completed a high school education and who, at the time of 
application for AFDC, were not enrolled in high school or in a 
high school equivalency program; or (ii) have had little or no 
work experience in the preceding year; 
     (6) recipients who have received AFDC for 36 or more months 
out of the last 60 months; 
     (7) recipients who are participants in the self-employment 
investment demonstration project under section 268.95; and 
    (8) recipients who participate in the new chance research 
and demonstration project under contract with the department of 
human services. 
    (b) If the commissioner determines that participation of 
persons listed in paragraph (a) in employment and training 
services is insufficient either to meet federal performance 
targets or to fully utilize funds appropriated under this 
section, the commissioner may, after notifying the chairs of the 
senate and family services committee, the house health and human 
services committees committee, the health and human family 
services division of the senate finance committee family 
services and health care committees, and the health and human 
services division of the house appropriations health and human 
services committee, permit additional groups of recipients to 
participate until the next meeting of the legislative advisory 
commission, after which the additional groups may continue to 
enroll for participation unless the legislative advisory 
commission disapproves the continued enrollment.  The 
commissioner shall allow participation of additional groups in 
the following order only as needed to meet performance targets 
or fully utilize funding for employment and training services 
under this section: 
    (1) recipients who have received 24 or more months of AFDC 
out of the previous 48 months; and 
    (2) recipients who have not completed a high school 
education or a high school equivalency program. 
     (c) To the extent of money appropriated specifically for 
this paragraph, the commissioner may permit AFDC caretakers who 
are not eligible for participation in employment and training 
services under the provisions of paragraph (a) or (b) to 
participate.  Money must be allocated to county agencies based 
on the county's percentage of participants statewide in services 
under this section in the prior calendar year.  Caretakers must 
be selected on a first-come, first-served basis from a waiting 
list of caretakers who volunteer to participate.  The 
commissioner may, on a quarterly basis, reallocate unused 
allocations to county agencies that have sufficient volunteers.  
If funding under this paragraph is discontinued in future fiscal 
years, caretakers who began participating under this paragraph 
must be deemed eligible under paragraph (a), clause (3). 
    Sec. 27.  Minnesota Statutes 1992, section 256.736, 
subdivision 9, is amended to read: 
    Subd. 9.  [CHANGES IN STATE PLAN AND RULES; WAIVERS.] The 
commissioner of human services shall make changes in the state 
plan and rules or seek any waivers or demonstration authority 
necessary to minimize barriers to participation in the 
employment and training services or to employment.  Changes must 
be sought in at least the following areas:  allowances, child 
care, work expenses, the amount and duration of earnings 
incentives, medical care coverage, limitations on the hours of 
employment, and administrative standards and procedures.  The 
commissioner shall implement each change as soon as possible.  
Before implementing any demonstration project or a program that 
is a result of a waiver, the conditions under section 256.01, 
subdivision 1, clause (12), must be met, and the chair of the 
senate health and human family services committee and the chair 
of the house of representatives health and human services 
committee must be notified. 
    Sec. 28.  Minnesota Statutes 1992, section 256.9352, 
subdivision 3, is amended to read: 
    Subd. 3.  [FINANCIAL MANAGEMENT.] The commissioner shall 
manage spending for the health right plan in a manner that 
maintains a minimum reserve equal to five percent of the 
expected cost of state premium subsidies.  The commissioner must 
make a quarterly assessment of the expected expenditures for the 
covered services for the remainder of the current fiscal year 
and for the following two fiscal years.  The estimated 
expenditure shall be compared to an estimate of the revenues 
that will be deposited in the health care access fund.  Based on 
this comparison, and after consulting with the chairs of the 
house appropriations ways and means committee and the senate 
finance committee, and the legislative commission on health care 
access, the commissioner shall make adjustments as necessary to 
ensure that expenditures remain within the limits of available 
revenues.  The adjustments the commissioner may use must be 
implemented in this order:  first, stop enrollment of single 
adults and households without children; second, upon 45 days' 
notice, stop coverage of single adults and households without 
children already enrolled in the health right plan; third, upon 
90 days' notice, decrease the premium subsidy amounts by ten 
percent for families with gross annual income above 200 percent 
of the federal poverty guidelines; fourth, upon 90 days' notice, 
decrease the premium subsidy amounts by ten percent for families 
with gross annual income at or below 200 percent; and fifth, 
require applicants to be uninsured for at least six months prior 
to eligibility in the health right plan.  If these measures are 
insufficient to limit the expenditures to the estimated amount 
of revenue, the commissioner may further limit enrollment or 
decrease premium subsidies. 
    If the commissioner determines that, despite adjustments 
made as authorized under this subdivision, estimated costs will 
exceed the forecasted amount of available revenues other than 
the reserve, the commissioner may, with the approval of the 
commissioner of finance, use all or part of the reserve to cover 
the costs of the program. 
    Sec. 29.  Minnesota Statutes 1992, section 256B.0629, 
subdivision 3, is amended to read: 
    Subd. 3.  [ANNUAL REPORT.] The advisory committee shall 
present an annual report to the commissioner and the chairs of 
the health and human services appropriations divisions housing 
finance division of the house appropriations health and human 
services committee and the health care and family services 
division of the senate finance committee family services and 
health care committees by January 1 of each year on the findings 
and recommendations of the committee. 
    Sec. 30.  Minnesota Statutes 1992, section 256B.0925, 
subdivision 3, is amended to read: 
    Subd. 3.  [RULE WAIVER.] The commissioner is authorized to 
grant a waiver from portions of Minnesota Rules, parts 9525.0015 
to 9525.0165.  The commissioner shall report to the health and 
human services committees care committee of the senate and the 
health and human services committee of the house of 
representatives on any portion of the rule that the commissioner 
is requested to waive and the disposition of the request. 
    Sec. 31.  Minnesota Statutes 1992, section 268.916, is 
amended to read: 
    268.916 [REPORTS.] 
    Each grantee shall submit an annual report to the 
commissioner on the format designated by the commissioner, 
including program information report data.  By January 1 of each 
year, the commissioner shall prepare an annual report to the 
health and human services committees committee of 
the legislature house of representatives and the family services 
committee of the senate concerning the uses and impact of head 
start supplemental funding, including a summary of innovative 
programs and the results of innovative programs and an 
evaluation of the coordination of head start programs with 
employment and training services provided to AFDC recipients. 
    Sec. 32.  Minnesota Statutes 1992, section 355.50, is 
amended to read: 
    355.50 [STATE EMPLOYEES, APPROPRIATION.] 
    With respect to state employees, each department and agency 
shall pay the amounts required by sections 355.41 to 355.60 from 
such accounts and funds from which each department or agency 
receives its revenue, including appropriations from the general 
fund and from any other fund, now or hereafter existing, for the 
payment of salaries and in the same proportion as it pays 
therefrom the amounts of such salaries.  Such payments shall be 
charged as an administrative cost by such units of state 
government.  
     If the federal government increases the required 
contributions for social security, and as a result of the 
increase there are insufficient moneys in any such accounts or 
fund or source of revenue to make the payments to the 
contribution fund required by sections 355.41 to 355.60 by such 
departments or agencies, there is hereby appropriated to such 
department or agency from any moneys in the state treasury not 
otherwise appropriated such moneys as are required to meet such 
deficiencies.  The amount of each payment made pursuant to these 
provisions shall be certified by the commissioner of employee 
relations to the commissioner of finance at such times as the 
commissioner of finance shall require.  The amount certified as 
necessary to meet a deficiency caused by an increase in federal 
contribution requirements shall be reported to the senate 
committee on finance and the house committee on appropriations 
ways and means before the commissioner of finance transfers any 
money to meet the deficiency.  
    For those employees of the state or its instrumentalities 
who as eligible members in the state employees retirement 
association are employed by the state horticultural society, the 
disabled American veterans, department of Minnesota, veterans of 
foreign wars, department of Minnesota, the Minnesota crop 
improvement association, the Minnesota historical society, the 
armory building commission and the 
Minnesota-Wisconsin-Minneapolis-St. Paul survival plan project, 
these units of government shall also pay into the contribution 
fund contributions with respect to wages equal to the sum of 
taxes which would be imposed by the Federal Insurance 
Contributions Act if the services covered by such agreement or 
modification constituted employment within the meaning of that 
act.  
    Sec. 33.  Minnesota Statutes 1992, section 473.846, is 
amended to read: 
    473.846 [REPORT TO LEGISLATURE.] 
    By November 1, 1986, and each year thereafter, the agency 
and metropolitan council shall submit to the senate finance 
committee, the house appropriations ways and means committee, 
and the legislative commission on waste management separate 
reports describing the activities for which money from the 
landfill abatement and contingency action funds has been spent 
during the previous fiscal year.  The council may incorporate 
its report in the report required by section 473.149.  In its 
1988 report, the council shall make recommendations to the 
legislature on the future management and use of the metropolitan 
landfill abatement fund. 
    Sec. 34.  [REPEALER.] 
    Minnesota Statutes 1992, section 268.081, is repealed. 
     Sec. 35.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Presented to the governor March 4, 1993 
    Signed by the governor March 5, 1993, 11:48 a.m.