Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 248-S.F.No. 1246
An act relating to public administration; making
changes designed to improve efficiency and operation
of government; abolishing periodic reports; granting
certain duties to the legislative coordinating
commission, and providing for the cessation of certain
other legislative commissions; repealing certain
obsolete rules, and removing references to repealed
rules; providing for study of reorganization of
certain state agency functions; requiring certain
reports from the higher education services office;
modifying laws governing operation of the department
of employee relations; providing mission statements
for state departments and agencies; establishing
various pilot projects to improve the efficiency of
state and local government human resources and
procurement functions; requiring a study of specified
issues related to public employment; establishing a
process for developing more efficient procedures for
state agencies to contract with the University of
Minnesota; permitting the board of government
innovation and cooperation to waive certain rules of
specified state agencies; making changes to improve
administration of the medical assistance program;
providing deadlines for certain state and local agency
actions; establishing a process to ensure state
agencies are responsive to customer needs; amending
Minnesota Statutes 1994, sections 3.303, subdivision
5; 3.305; 3.85, subdivision 5; 3.855, by adding a
subdivision; 13.67; 16A.055, by adding a subdivision;
16B.04, by adding a subdivision; 17.03, by adding a
subdivision; 43A.04, subdivision 1, and by adding a
subdivision; 43A.08, subdivision 1; 43A.10,
subdivision 8; 43A.13, subdivision 6; 43A.15, by
adding a subdivision; 43A.19, subdivision 1; 43A.191,
subdivisions 1, 2, and 3; 43A.24, subdivision 2;
43A.27, subdivision 3; 43A.316; 43A.317, subdivision
5; 45.012; 62J.45, subdivision 8; 84.027, by adding a
subdivision; 116.03, by adding a subdivision;
116J.011; 120.0111; 135A.052, subdivision 1; 144.05;
174.02, by adding a subdivision; 175.001, by adding a
subdivision; 190.09; 196.05; 216A.07, by adding a
subdivision; 216C.051, subdivision 6; 241.01, by
adding a subdivision; 245.03; 256B.056, by adding
subdivisions; 256B.0644; 256D.405, by adding a
subdivision; 268.0122, by adding a subdivision;
270.02, by adding a subdivision; 299A.01, by adding a
subdivision; 356.87; and 363.05, by adding a
subdivision; Minnesota Rules, parts 1540.2140;
7001.0140, subpart 2; 7001.0180; 8130.3500, subpart 3;
and 8130.6500, subpart 5; proposing coding for new law
in Minnesota Statutes, chapters 15; and 465; repealing
Minnesota Statutes 1994, sections 3.304, subdivision
2; 3.855, subdivision 1; 3.861; 3.863; 3.864; 3.873,
subdivision 9; 3.881; 3.882; 3.885, subdivisions 1a,
3, 6, 7, and 8; 3.9227; 256B.504; and 256D.425,
subdivision 3; Minnesota Rules, parts 1540.0010,
subparts 12, 18, 21, 22, and 24; 1540.0060; 1540.0070;
1540.0080; 1540.0100; 1540.0110; 1540.0120; 1540.0130;
1540.0140; 1540.0150; 1540.0160; 1540.0170; 1540.0180;
1540.0190; 1540.0200; 1540.0210; 1540.0220; 1540.0230;
1540.0240; 1540.0260; 1540.0320; 1540.0330; 1540.0340;
1540.0350; 1540.0370; 1540.0380; 1540.0390; 1540.0400;
1540.0410; 1540.0420; 1540.0440; 1540.0450; 1540.0460;
1540.0490; 1540.0500; 1540.0510; 1540.0520; 1540.0770;
1540.0780; 1540.0800; 1540.0810; 1540.0830; 1540.0880;
1540.0890; 1540.0900; 1540.0910; 1540.0920; 1540.0930;
1540.0940; 1540.0950; 1540.0960; 1540.0970; 1540.0980;
1540.0990; 1540.1000; 1540.1005; 1540.1010; 1540.1020;
1540.1030; 1540.1040; 1540.1050; 1540.1060; 1540.1070;
1540.1080; 1540.1090; 1540.1100; 1540.1110; 1540.1120;
1540.1130; 1540.1140; 1540.1150; 1540.1160; 1540.1170;
1540.1180; 1540.1190; 1540.1200; 1540.1210; 1540.1220;
1540.1230; 1540.1240; 1540.1250; 1540.1255; 1540.1260;
1540.1280; 1540.1290; 1540.1300; 1540.1310; 1540.1320;
1540.1330; 1540.1340; 1540.1350; 1540.1360; 1540.1380;
1540.1400; 1540.1410; 1540.1420; 1540.1430; 1540.1440;
1540.1450; 1540.1460; 1540.1470; 1540.1490; 1540.1500;
1540.1510; 1540.1520; 1540.1530; 1540.1540; 1540.1550;
1540.1560; 1540.1570; 1540.1580; 1540.1590; 1540.1600;
1540.1610; 1540.1620; 1540.1630; 1540.1640; 1540.1650;
1540.1660; 1540.1670; 1540.1680; 1540.1690; 1540.1700;
1540.1710; 1540.1720; 1540.1730; 1540.1740; 1540.1750;
1540.1760; 1540.1770; 1540.1780; 1540.1790; 1540.1800;
1540.1810; 1540.1820; 1540.1830; 1540.1840; 1540.1850;
1540.1860; 1540.1870; 1540.1880; 1540.1890; 1540.1900;
1540.1905; 1540.1910; 1540.1920; 1540.1930; 1540.1940;
1540.1950; 1540.1960; 1540.1970; 1540.1980; 1540.1990;
1540.2000; 1540.2010; 1540.2015; 1540.2020; 1540.2090;
1540.2100; 1540.2110; 1540.2120; 1540.2180; 1540.2190;
1540.2200; 1540.2210; 1540.2220; 1540.2230; 1540.2240;
1540.2250; 1540.2260; 1540.2270; 1540.2280; 1540.2290;
1540.2300; 1540.2310; 1540.2320; 1540.2325; 1540.2330;
1540.2340; 1540.2350; 1540.2360; 1540.2370; 1540.2380;
1540.2390; 1540.2400; 1540.2410; 1540.2420; 1540.2430;
1540.2440; 1540.2450; 1540.2490; 1540.2500; 1540.2510;
1540.2530; 1540.2540; 1540.2550; 1540.2560; 1540.2570;
1540.2580; 1540.2590; 1540.2610; 1540.2630; 1540.2640;
1540.2650; 1540.2660; 1540.2720; 1540.2730; 1540.2740;
1540.2760; 1540.2770; 1540.2780; 1540.2790; 1540.2800;
1540.2810; 1540.2820; 1540.2830; 1540.2840; 1540.3420;
1540.3430; 1540.3440; 1540.3450; 1540.3460; 1540.3470;
1540.3560; 1540.3600; 1540.3610; 1540.3620; 1540.3630;
1540.3700; 1540.3780; 1540.3960; 1540.3970; 1540.3980;
1540.3990; 1540.4000; 1540.4010; 1540.4020; 1540.4030;
1540.4040; 1540.4080; 1540.4190; 1540.4200; 1540.4210;
1540.4220; 1540.4320; 1540.4330; 1540.4340; 2642.0120,
subpart 1; 2650.0100; 2650.0200; 2650.0300; 2650.0400;
2650.0500; 2650.0600; 2650.1100; 2650.1200; 2650.1300;
2650.1400; 2650.1500; 2650.1600; 2650.1700; 2650.1800;
2650.1900; 2650.2000; 2650.2100; 2650.3100; 2650.3200;
2650.3300; 2650.3400; 2650.3500; 2650.3600; 2650.3700;
2650.3800; 2650.3900; 2650.4000; 2650.4100; 2655.1000;
2660.0070; 2770.7400; 4610.2210; 7002.0410; 7002.0420;
7002.0430; 7002.0440; 7002.0450; 7002.0460; 7002.0470;
7002.0480; 7002.0490; 7047.0010; 7047.0020; 7047.0030;
7047.0040; 7047.0050; 7047.0060; 7047.0070; 7100.0300;
7100.0310; 7100.0320; 7100.0330; 7100.0335; 7100.0340;
7100.0350; 7510.6100; 7510.6200; 7510.6300; 7510.6350;
7510.6400; 7510.6500; 7510.6600; 7510.6700; 7510.6800;
7510.6900; 7510.6910; 7600.0100; 7600.0200; 7600.0300;
7600.0400; 7600.0500; 7600.0600; 7600.0700; 7600.0800;
7600.0900; 7600.1000; 7600.1100; 7600.1200; 7600.1300;
7600.1400; 7600.1500; 7600.1600; 7600.1700; 7600.1800;
7600.1900; 7600.2000; 7600.2100; 7600.2200; 7600.2300;
7600.2400; 7600.2500; 7600.2600; 7600.2700; 7600.2800;
7600.2900; 7600.3000; 7600.3100; 7600.3200; 7600.3300;
7600.3400; 7600.3500; 7600.3600; 7600.3700; 7600.3800;
7600.3900; 7600.4000; 7600.4100; 7600.4200; 7600.4300;
7600.4400; 7600.4500; 7600.4600; 7600.4700; 7600.4800;
7600.4900; 7600.5000; 7600.5100; 7600.5200; 7600.5300;
7600.5400; 7600.5500; 7600.5600; 7600.5700; 7600.5800;
7600.5900; 7600.6000; 7600.6100; 7600.6200; 7600.6300;
7600.6400; 7600.6500; 7600.6600; 7600.6700; 7600.6800;
7600.6900; 7600.7000; 7600.7100; 7600.7200; 7600.7210;
7600.7300; 7600.7400; 7600.7500; 7600.7600; 7600.7700;
7600.7750; 7600.7800; 7600.7900; 7600.8100; 7600.8200;
7600.8300; 7600.8400; 7600.8500; 7600.8600; 7600.8700;
7600.8800; 7600.8900; 7600.9000; 7600.9100; 7600.9200;
7600.9300; 7600.9400; 7600.9500; 7600.9600; 7600.9700;
7600.9800; 7600.9900; 7625.0100; 7625.0110; 7625.0120;
7625.0200; 7625.0210; 7625.0220; 7625.0230; 8120.1100,
subpart 3; 8121.0500, subpart 2; 8130.9912; 8130.9913;
8130.9916; 8130.9920; 8130.9930; 8130.9956; 8130.9958;
8130.9968; 8130.9972; 8130.9980; 8130.9992; 9540.0100;
9540.0200; 9540.0300; 9540.0400; 9540.0500; 9540.1000;
9540.1100; 9540.1200; 9540.1300; 9540.1400; 9540.1500;
9540.2000; 9540.2100; 9540.2200; 9540.2300; 9540.2400;
9540.2500; 9540.2600; and 9540.2700.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
REPORTS ABOLISHED
Section 1. [REPORTS ABOLISHED.]
Subdivision 1. [ABOLITION; EXCEPTIONS.] Except as provided
in subdivision 3, each requirement in law for a periodic report
from a state agency to the legislature listed in "Required
Periodic Reports to the Legislature" compiled in accordance with
Laws 1994, chapter 559, section 4, is abolished effective
October 15, 1995, except for the reports required by Minnesota
Statutes, sections 1.31, section 5, subdivision 2; 2.91,
subdivisions 2 and 4; 3.17; 3.30, subdivision 2; 3.3005,
subdivisions 2 and 5; 3.754; 3.85, subdivision 11; 3.855,
subdivision 2; 3.873, subdivision 6; 3.885, subdivisions 6 and
7; 3.9227, subdivisions 2 and 3; 3.97, subdivision 12; 3.971 ;
3.972, subdivision 3; 3.973; 3.974; 3.975; 3C.03, subdivision 4;
3C.12, subdivision 2; 4.071, subdivision 2; 4.47; 4A.06; 5.08,
subdivisions 1 and 2; 6.72, subdivision 1; 6.74; 6.75; 8.15,
subdivisions 3 and 4; 10.47; 10.48; 10A.02, subdivisions 1, 2,
and 8; 10A.07, subdivisions 1 and 2; 11A.04; 11A.041; 11A.07,
subdivision 4; 12.221, subdivision 1; 13.32, subdivision 6;
14.18, subdivision 2; 14.46, subdivision 4; 14.47, subdivision
8; 15.0597, subdivision 7; 15.0599, subdivision 5; 15.065;
15.50, subdivision 2, paragraph (k); 15.91, subdivision 2;
15A.081, subdivisions 1, 7, and 7b; 15A.082, subdivision 3;
16A.06, subdivision 2; 16A.095, subdivision 2; 16A.10,
subdivisions 1 and 2; 16A.102, subdivisions 1 and 3; 16A.103,
subdivisions 1, 2, and 3; 16A.105; 16A.11, subdivision 1;
16A.122, subdivision 4; 16A.124, subdivision 7; 16A.127,
subdivision 2; 16A.1285, subdivisions 3 and 4; 16A.285; 16A.50;
16A.501; 16A.641, subdivision 2; 16A.671, subdivision 2; 16A.69,
subdivision 2; 16B.103, subdivision 2; 16B.17, subdivisions 4
and 5; 16B.24, subdivision 3; 16B.335, subdivisions 1 and 5;
16B.36, subdivision 2; 16D.03, subdivision 3; 17.10; 18.62,
article IX; 18B.045, subdivision 1; 32.73, subdivision 7; 37.07;
41.53, subdivision 3; 41B.18, subdivision 6; 41C.08, subdivision
5; 42.04, subdivision 2; 43A.04, subdivision 7; 43A.05,
subdivision 3; 43A.18, subdivision 6; 43A.31, subdivision 2;
43A.39, subdivision 2; 60B.09, subdivisions 1 and 2; 62J.04,
subdivisions 1a, 4, and 9; 62J.05, subdivision 1; 62J.07,
subdivision 3; 62Q.41; 79.251, subdivision 1; 84.026; 84.03;
84.95, subdivision 3; 84.968, subdivision 2; 85.019, subdivision
2; 85A.02, subdivisions 5a and 5c; 86.72, subdivision 3; 88.81;
89.013; 92.27; 94.165; 94.349, subdivision 5; 97A.055,
subdivisions 3 and 4; 97A.065, subdivision 3; 97A.345; 103B.255,
subdivision 9; 103F.161, subdivision 2; 103F.751; 103G.2373;
103G.511, subdivision 9; 103I.331, subdivision 5; 115.42;
115A.07, subdivisions 2 and 3; 115A.14, subdivision 4; 115A.15,
subdivision 5; 115A.165; 115A.29, subdivision 3; 115A.411,
subdivision 1; 115A.551, subdivisions 4 and 5; 115A.557,
subdivision 4; 115A.965, subdivision 7; 115A.981, subdivision 3;
115B.20, subdivisions 5 and 6; 115B.412, subdivision 10;
115D.10; 115E.08; 116.10; 116.62, subdivision 7; 116.98,
subdivision 3; 116C.04, subdivision 2; 116C.06, subdivision 3;
116C.712, subdivisions 1 and 5; 116C.731, subdivision 4;
116F.06, subdivision 4; 116J.555, subdivision 2; 116J.58,
subdivision 1, clauses (15) and (19); 116J.693, subdivision 8;
116J.986, subdivision 2; 116J.990, subdivision 6; 116M.17,
subdivision 4; 116N.04, subdivision 5; 116N.06; 116O.071,
subdivision 1; 116O.122, subdivision 2; 116O.15; 116P.05,
subdivision 2; 116P.07; 116P.08, subdivisions 3, 4, and 6;
116P.09, subdivision 7; 116R.02, subdivision 3; 121.11,
subdivision 7c; 121.14; 121.207, subdivision 3; 124.2131,
subdivision 1; 124.431, subdivision 7; 124A.30; 124C.03,
subdivision 6; 125.05, subdivision 7; 126B.02, subdivision 2;
128C.02, subdivision 6; 128C.12, subdivision 3; 129D.02,
subdivision 5; 135A.06, subdivision 1; 135A.09; 135A.20, article
IV, paragraph (A); 136.142, subdivision 1; 136.41, subdivision
8; 136A.07; 136A.1702; 136E.04, subdivision 3; 137.02,
subdivision 3a; 137.0245, subdivision 4; 144.07; 144.392;
144.701, subdivision 4; 144.874, subdivision 12; 144.878,
subdivision 5; 144A.071, subdivisions 4 and 5; 144A.073,
subdivision 3; 144A.31, subdivision 5; 145A.15, subdivision 4;
152.151; 169.435, subdivision 2; 169.685, subdivision 7; 174.02,
subdivision 6; 175.171; 176.129, subdivision 12; 176.136,
subdivision 3; 192.52; 209.10, subdivision 3; 214.10,
subdivision 8; 216C.02, subdivision 1; 236A.01, article III,
paragraph (a)(10); 240.18, subdivision 2; 240A.03, subdivision
15; 241.01, subdivision 5; 241.67, subdivision 8; 244.09,
subdivisions 6, 11, and 14; 245.494, subdivision 1; 245.98,
subdivision 3; 246.12; 252.46, subdivision 3; 256.014,
subdivision 3; 256B.0625, subdivision 19b; 256B.0913,
subdivision 14; 256B.0915, subdivision 3; 256B.49, subdivision
4; 256B.501, subdivision 3c; 256F.13, subdivision 3; 256I.05,
subdivision 7b; 257.0725; 268.36; 268.367; 268.37, subdivision
5; 268.38, subdivision 11; 268.65, subdivision 1; 268.916;
270.06, paragraphs (10) and (12); 270.063; 270.067, subdivisions
2 and 4; 270.0682, subdivision 1; 290.171, article VI, paragraph
4. (a); 290.431; 298.22, subdivision 2; 299A.32, subdivision 3;
299A.35, subdivision 3; 299C.18; 300.63; 352.91, subdivision 4;
353A.05, subdivision 1; 353B.14; 356.20, subdivision 3; 356.215,
subdivisions 3 and 6; 356.218, subdivision 1; 356.219,
subdivision 4; 356.23, subdivision 2; 356.24, subdivision 2;
356.88; 401.065, subdivision 4; 402.04, subdivision 3; 422A.06,
subdivision 8; 423B.15, subdivision 5; 446A.04, subdivision 5;
446A.09; 462A.22, subdivision 9; 465.796, subdivision 2;
473.149, subdivision 6; 473.155, subdivision 4; 473.616,
subdivision 4; 473.621, subdivision 1a; 473.661, subdivision 4;
473.845, subdivision 4; 473.846; 473.848, subdivision 4; 480.15;
490.124, subdivision 11; 609.5315, subdivision 6; 611.215,
subdivision 2; 611.216, subdivision 1; 626.553, subdivision 2;
626.5531, subdivision 2; 626.843, subdivision 4; 626A.17,
subdivision 3; and 638.075. During the 1995 interim, the revisor
of statutes shall prepare a bill to remove from Minnesota
Statutes any language that creates a requirement for a report
that is abolished by this act. As part of the preparation of
the bill, the revisor shall request from the chair of each
committee of the house of representatives and senate any changes
that the chair recommends regarding the proper recipients of
reports, the possibility of combining reports, and the frequency
of reports.
Subd. 2. Reports required by the following sections are
also excepted from the abolition of reports by subdivision 1:
Minnesota Statutes, sections 1.21, article V, paragraph B; 3.07;
3.153, subdivisions 1 and 4; 3.30, subdivision 1; 3.304,
subdivision 2a; 3.305, subdivision 1; 3.738, subdivision 1;
3.739, subdivision 2; 3.842, subdivision 6; 3.844; 3.846; 3.85,
subdivisions 2 and 9; 3.861, subdivision 2; 3.887, subdivision
5; 3.922, subdivision 6; 3.9221, subdivision 5; 3.9222,
subdivision 4; 3.9223, subdivisions 3 and 7; 3.9225,
subdivisions 3 and 7; 3.9226, subdivisions 3 and 7; 3.982;
3C.03, subdivisions 2 and 3; 3C.035, subdivision 1; 3C.04,
subdivisions 3, 4, and 5; 4.45, subdivision 2; 4.47; 4A.02;
8.13; 8.32, subdivision 2; 9.061, subdivision 4; 10.44; 10.47;
10A.05; 10A.035; 11A.17, subdivision 11; 14.08; 14.115,
subdivision 8; 14.12; 14.15, subdivisions 3 and 4; 14.19; 14.23;
14.26, subdivisions 1 and 3; 14.32, subdivision 2; 15.0597,
subdivision 3; 15.06, subdivision 2; 15.063; 15.16, subdivision
5; 15.161; 15.91, subdivision 2; 15.95, subdivision 3; 16A.055,
subdivision 1; 16A.27, subdivisions 2 and 4; 16B.21,
subdivisions 1 and 2; 16B.24, subdivisions 1 and 6a; 16B.305,
subdivision 3; 16B.31, subdivision 6; 16B.36, subdivision 1;
16B.37, subdivisions 1 and 2; 16B.40, subdivisions 2 and 5;
16B.41, subdivision 2; 16B.42, subdivision 3; 16B.45; 16B.75,
article VI; 17.03, subdivision 7; 17.114, subdivisions 3, 4, and
15; 17.49, subdivision 3; 18.0228, subdivision 3; 18.023,
subdivision 11; 18.024, subdivision 1; 18.62, article IV;
18E.06; 28A.20, subdivision 5; 37.06; 40A.17; 41.53, subdivision
3; 41B.036, paragraph (m); 43A.04, subdivision 9; 43A.05,
subdivisions 5 and 6; 43A.06, subdivision 4; 43A.17, subdivision
9; 43A.18, subdivisions 2, 3, 3a, 4, 4a, and 5; 43A.191,
subdivision 3; 60A.092, subdivision 3; 62A.62, subdivision 1;
62J.05, subdivision 1; 62L.08, subdivision 10; 62N.35; 62Q.33,
subdivision 5; 69.051, subdivision 4; 85.015, subdivisions 12
and 13; 85A.02, subdivision 12; 90.172; 92.37; 93.002,
subdivision 4; 94.09, subdivision 5; 103A.43; 103B.101,
subdivision 9; 103B.321, subdivision 1; 103B.351; 103F.377;
103F.393; 103F.461; 103G.265, subdivisions 2, 3, and 4;
103G.525; 103G.545, subdivision 2; 103H.175, subdivision 3;
103H.275, subdivision 1; 115A.158, subdivision 3; 115A.193;
115A.5501, subdivision 2; 115A.89; 115A.9651, subdivision 2;
115B.22, subdivision 8; 115B.28, subdivision 1; 115D.15,
subdivision 2; 116.03, subdivision 3; 116.10; 116C.34,
subdivision 2; 116C.69, subdivision 1; 116C.831, article III,
paragraph i., clause 2; 116C.833, subdivision 2; 116C.841;
116C.842, subdivision 1; 116D.10; 116G.15; 116J.581,
subdivisions 2 and 3; 116J.85, subdivision 3; 116O.09,
subdivision 2; 116O.091, subdivision 4; 116P.06, subdivision 2;
116P.12, subdivision 1; 116Q.02, subdivision 2; 116R.02,
subdivision 9; 116S.08; 121.16, subdivision 3; 121.931,
subdivisions 3 and 4; 124.14, subdivision 3a; 126.239,
subdivision 4; 126A.12; 128B.08; 128C.20, subdivision 2;
129D.155; 135A.046, subdivision 3; 137.022, subdivision 4;
137.31, subdivision 6; 138.667; 138.763, subdivision 2; 138.91,
subdivision 1; 138A.06; 144.564, subdivision 3; 144.672,
subdivision 2; 144.693, subdivision 2; 144.70, subdivision 1;
145.882, subdivision 8; 169.832, subdivision 13; 175.007,
subdivision 2; 176.222; 176A.10; 178.01; 181.9435; 192.501,
subdivision 3; 196.06, subdivision 2; 214.07, subdivision 2;
216C.051, subdivision 4; 216C.09; 216C.15, subdivisions 2 and 3;
216C.18, subdivisions 1 and 1a; 216C.315; 216C.33, subdivision
2; 239.101, subdivision 5; 240.02, subdivision 6; 245.494,
subdivision 2; 246.022, subdivision 4; 254A.03, subdivision 1;
256.9657, subdivision 8; 256.969, subdivisions 1 and 9,
paragraphs (a) and (b); 268.0122, subdivisions 3 and 4;
268.0124; 268.12, subdivisions 2 and 5; 268.15, subdivision 2;
268.363; 268.92, subdivision 10; 268.98, subdivision 2; 270.71;
282.018, subdivision 1; 298.298; 299A.01, subdivision 5;
299C.65; 299F.093, subdivision 1; 299K.08, subdivision 4;
349.151, subdivision 4; 349A.14; 349A.15; 352.03, subdivision 6,
paragraphs (7) and (14); 352.04, subdivision 3; 352.92,
subdivision 2; 352B.02, subdivision 1e; 353.03, subdivision 3a;
354.06, subdivision 2a; 354.42, subdivision 5; 354A.021,
subdivision 7; 354A.12, subdivision 2b; 355.50; 356.217;
356A.06, subdivision 5; 403.12, subdivision 12; 462.385,
subdivision 1; 462.393, subdivisions 1 and 2; 462A.073,
subdivision 5; 462A.201, subdivision 6; 462A.207, subdivision 6;
462C.04, subdivision 4; 462C.071, subdivision 6; 466A.08;
469.055, subdivision 1; 469.154, subdivision 1; 469.169,
subdivision 3; 469.173, subdivision 3; 469.207, subdivision 1;
471.999; 473.123, subdivision 4; 473.13, subdivision 1a;
473.143, subdivision 5; 473.1623, subdivision 6; 473.165;
473.173, subdivision 6; 473.245; 473.351, subdivision 2;
473.386, subdivision 2; 473.604, subdivision 1; and 473.704,
subdivision 19.
Subd. 3. [RETENTION; ADDITIONAL REPORTS.] If the speaker
of the house of representatives, the minority leader of the
senate or the house of representatives, or the chair of a
standing committee of the senate or the house, notifies the
revisor before October 15, 1995, that a report not referenced in
subdivision 1 or 2 should also be retained, that report is not
abolished, and the revisor shall not include language relating
to that report in the bill required by subdivision 1. The
revisor shall also notify the affected agency that its
obligation to submit the report is not abolished.
ARTICLE 2
LEGISLATIVE COMMISSIONS
Section 1. Minnesota Statutes 1994, section 3.303,
subdivision 5, is amended to read:
Subd. 5. The commission shall represent the legislature
and assist state agencies to make arrangements to accommodate
and appropriately recognize individuals or groups visiting
Minnesota as direct or indirect representatives of foreign
governments, other states, or subdivisions or agencies of
foreign governments or other states and to provide other
services determined by the commission.
Subd. 6. The commission may make grants, employ an
executive director and other staff, and obtain office space,
equipment, and supplies necessary to perform its duties.
Sec. 2. Minnesota Statutes 1994, section 3.305, is amended
to read:
3.305 [LEGISLATIVE COORDINATING COMMISSION; BUDGET
AUTHORITY BICAMERAL LEGISLATIVE ADMINISTRATION.]
Subdivision 1. [REVIEW DEFINITIONS.] (a) "Legislative
commission" means a joint commission, committee, or other entity
in the legislative branch composed exclusively of members of the
senate and the house of representatives.
(b) "Joint offices" means the revisor of statutes,
legislative reference library, the office of legislative
auditor, and any other joint legislative service office.
Subd. 1a. [APPROVAL OF COMMISSION BUDGETS; ADDITIONAL
STAFF; COMPENSATION.] The administrative budget request of any
statutory a legislative commission the majority of whose members
are members of the legislature or joint office shall be
submitted to the legislative coordinating commission for review
and comment approval before its submission to the finance
committee appropriate fiscal committees of the senate and the
appropriations committee of the house of representatives. No
such commission shall employ additional personnel without first
having received the recommendation of the legislative
coordinating commission. In reviewing the budgets, the
legislative coordinating commission shall evaluate and make
recommendations on how to improve the efficiency and
effectiveness of bicameral support functions and services and on
whether there is a continuing need for the various legislative
commissions. The executive director of the legislative
coordinating commission shall recommend and the commission shall
establish the compensation of all employees of any statutory
legislative commission or joint office, except classified
employees of the legislative audit commission, the majority of
whose members are members of the legislature.
Subd. 2. [TRANSFERS.] The legislative coordinating
commission may transfer unobligated balances among general fund
appropriations to the legislature.
Subd. 3. [EMPLOYEES.] All employees of legislative
commissions and joint offices are employees of the legislature
in the unclassified service of the state, except classified
employees in the legislative auditor's office.
Subd. 4. [ADMINISTRATIVE STAFF FOR COMMISSIONS.] The
executive director of the legislative coordinating commission
shall provide and manage office space and equipment and hire,
supervise, and manage all administrative, clerical, and
secretarial staff for all legislative commissions, except the
legislative advisory commission and the legislative audit
commission.
Subd. 5. [GEOGRAPHIC INFORMATION SYSTEMS.] The executive
director of the legislative coordinating commission shall
maintain a geographic information systems office. The office
shall maintain the data, facilities, and technical capacity to
draw electoral district boundaries. The legislative
coordinating commission shall establish procedures to provide
members of the house and senate with geographic information and
mapping services on request.
Subd. 6. [BICAMERAL WORKING GROUPS.] The legislative
coordinating commission may establish joint commissions,
committees, subcommittees, task forces, and similar bicameral
working groups to assist and advise the coordinating commission
in carrying out its duties. The customary appointing authority
in each house shall appoint the members of any such entity. The
coordinating commission may delegate to an entity, in writing,
specific powers and duties of the coordinating commission. All
entities established by the commission under this subdivision
expire on January 1 of each odd-numbered year, unless renewed by
affirmative action of the commission.
Subd. 7. [MEMBERSHIP ON LEGISLATIVE COMMISSIONS.] The
appointment of a member to a legislative commission, except a
member serving ex officio, is rendered void by three unexcused
absences of the member from the meetings of the commission. If
an appointment becomes void, the legislative commission shall
notify the appointing authority of this and request another
appointment.
Sec. 3. Minnesota Statutes 1994, section 3.85, subdivision
5, is amended to read:
Subd. 5. [STAFF.] The commission may employ professional,
clerical, and technical assistants as it deems necessary to
perform the duties prescribed in this section.
Sec. 4. Minnesota Statutes 1994, section 3.855, is amended
by adding a subdivision to read:
Subd. 1a. [DEFINITIONS.] "Commission" means the
legislative coordinating commission or a legislative commission
established by the coordinating commission, as provided in
section 3.305, subdivision 6, to exercise the powers and
discharge the duties of the coordinating commission under this
section or other law requiring action by the coordinating
commission on matters of public employment or compensation.
Sec. 5. Minnesota Statutes 1994, section 216C.051,
subdivision 6, is amended to read:
Subd. 6. [ASSESSMENT; APPROPRIATION.] On request by the
cochairs of the legislative task force and the director after
approval of the legislative coordinating commission, the
commissioner of the department of public service shall assess
from electric utilities, in addition to assessments made under
section 216B.62, the amount requested for the studies and
analysis required in subdivisions 3 and 4 and for operation of
the task force not to exceed $350,000. This authority to assess
continues until the commissioner has assessed a total of
$350,000. The amount assessed under this section is
appropriated to the director of the legislative coordinating
commission for those purposes, and is available until expended.
Sec. 6. [BICAMERAL ADMINISTRATION.]
Subdivision 1. [LEGISLATIVE COMMISSIONS; CESSATION.] Each
legislative commission as defined in section 2, subdivision 1,
of this article, except the legislative coordinating commission,
the legislative advisory commission, and the legislative audit
commission, shall cease operation on July 1, 1996, unless the
legislative coordinating commission elects, by affirmative
action taken by January 1, 1996, to continue the operation of
the commission either alone or in combination with another
legislative commission. The statutory functions and duties, if
any, of a commission that ceases operation under this provision
shall be performed as determined necessary by the legislative
coordinating commission.
Subd. 2. [COORDINATING COMMISSION; RECOMMENDATIONS.] By
January 1, 1996, the legislative coordinating commission shall
make recommendations to the house of representatives and senate
on how to provide more efficient and effective legislative
support facilities, functions, and services on a bicameral
basis. The recommendations must address at least the following
subjects: accounting, procurement, contracts, payroll, and
other similar business services and systems; computers,
telephones, and other office technology; and public access
facilities and services, including television and public
information.
Subd. 3. [EMPLOYEE TRANSFERS; REDUCTIONS.] (a) The staff
complement of the legislative commission on employee relations
is transferred to the legislative coordinating commission.
(b) The staff complement of the legislative commission on
planning and fiscal policy is eliminated effective August 1,
1995. Staff required by the commission shall be provided by
existing legislative staff offices. Administrative staff
required by the commission shall be provided by the house of the
chair of the commission.
Sec. 7. [REVISOR INSTRUCTION.]
In the next and subsequent editions of Minnesota Statutes,
the revisor shall substitute the term "legislative coordinating
commission" for the term "legislative commission on employee
relations" in the following sections: 15A.081, subdivisions 1,
7, and 7b; 43A.04, subdivision 7; 43A.05, subdivisions 3, 5, and
6; 43A.06, subdivision 4; 43A.17, subdivision 9; and 43A.18,
subdivisions 2 and 3.
Sec. 8. [REPEALER.]
Minnesota Statutes 1994, sections 3.304, subdivision 2;
3.855, subdivision 1; 3.861; 3.863; 3.864; 3.873, subdivision 9;
3.881; 3.882; 3.885, subdivisions 1a, 3, 6, 7, and 8; 3.9227;
and 256B.504, are repealed.
Sec. 9. [EFFECTIVE DATE.]
Sections 1 to 8 are effective July 1, 1995.
ARTICLE 3
REPEALED RULES
Section 1. [REPEALER; DEPARTMENT OF AGRICULTURE.]
Minnesota Rules, parts 1540.0010, subparts 12, 18, 21, 22,
and 24; 1540.0060; 1540.0070; 1540.0080; 1540.0100; 1540.0110;
1540.0120; 1540.0130; 1540.0140; 1540.0150; 1540.0160;
1540.0170; 1540.0180; 1540.0190; 1540.0200; 1540.0210;
1540.0220; 1540.0230; 1540.0240; 1540.0260; 1540.0320;
1540.0330; 1540.0340; 1540.0350; 1540.0370; 1540.0380;
1540.0390; 1540.0400; 1540.0410; 1540.0420; 1540.0440;
1540.0450; 1540.0460; 1540.0490; 1540.0500; 1540.0510;
1540.0520; 1540.0770; 1540.0780; 1540.0800; 1540.0810;
1540.0830; 1540.0880; 1540.0890; 1540.0900; 1540.0910;
1540.0920; 1540.0930; 1540.0940; 1540.0950; 1540.0960;
1540.0970; 1540.0980; 1540.0990; 1540.1000; 1540.1005;
1540.1010; 1540.1020; 1540.1030; 1540.1040; 1540.1050;
1540.1060; 1540.1070; 1540.1080; 1540.1090; 1540.1100;
1540.1110; 1540.1120; 1540.1130; 1540.1140; 1540.1150;
1540.1160; 1540.1170; 1540.1180; 1540.1190; 1540.1200;
1540.1210; 1540.1220; 1540.1230; 1540.1240; 1540.1250;
1540.1255; 1540.1260; 1540.1280; 1540.1290; 1540.1300;
1540.1310; 1540.1320; 1540.1330; 1540.1340; 1540.1350;
1540.1360; 1540.1380; 1540.1400; 1540.1410; 1540.1420;
1540.1430; 1540.1440; 1540.1450; 1540.1460; 1540.1470;
1540.1490; 1540.1500; 1540.1510; 1540.1520; 1540.1530;
1540.1540; 1540.1550; 1540.1560; 1540.1570; 1540.1580;
1540.1590; 1540.1600; 1540.1610; 1540.1620; 1540.1630;
1540.1640; 1540.1650; 1540.1660; 1540.1670; 1540.1680;
1540.1690; 1540.1700; 1540.1710; 1540.1720; 1540.1730;
1540.1740; 1540.1750; 1540.1760; 1540.1770; 1540.1780;
1540.1790; 1540.1800; 1540.1810; 1540.1820; 1540.1830;
1540.1840; 1540.1850; 1540.1860; 1540.1870; 1540.1880;
1540.1890; 1540.1900; 1540.1905; 1540.1910; 1540.1920;
1540.1930; 1540.1940; 1540.1950; 1540.1960; 1540.1970;
1540.1980; 1540.1990; 1540.2000; 1540.2010; 1540.2015;
1540.2020; 1540.2090; 1540.2100; 1540.2110; 1540.2120;
1540.2180; 1540.2190; 1540.2200; 1540.2210; 1540.2220;
1540.2230; 1540.2240; 1540.2250; 1540.2260; 1540.2270;
1540.2280; 1540.2290; 1540.2300; 1540.2310; 1540.2320;
1540.2325; 1540.2330; 1540.2340; 1540.2350; 1540.2360;
1540.2370; 1540.2380; 1540.2390; 1540.2400; 1540.2410;
1540.2420; 1540.2430; 1540.2440; 1540.2450; 1540.2490;
1540.2500; 1540.2510; 1540.2530; 1540.2540; 1540.2550;
1540.2560; 1540.2570; 1540.2580; 1540.2590; 1540.2610;
1540.2630; 1540.2640; 1540.2650; 1540.2660; 1540.2720;
1540.2730; 1540.2740; 1540.2760; 1540.2770; 1540.2780;
1540.2790; 1540.2800; 1540.2810; 1540.2820; 1540.2830;
1540.2840; 1540.3420; 1540.3430; 1540.3440; 1540.3450;
1540.3460; 1540.3470; 1540.3560; 1540.3600; 1540.3610;
1540.3620; 1540.3630; 1540.3700; 1540.3780; 1540.3960;
1540.3970; 1540.3980; 1540.3990; 1540.4000; 1540.4010;
1540.4020; 1540.4030; 1540.4040; 1540.4080; 1540.4190;
1540.4200; 1540.4210; 1540.4220; 1540.4320; 1540.4330; and
1540.4340, are repealed.
Sec. 2. [REPEALER; DEPARTMENT OF COMMERCE.]
Minnesota Rules, parts 2642.0120, subpart 1; 2650.0100;
2650.0200; 2650.0300; 2650.0400; 2650.0500; 2650.0600;
2650.1100; 2650.1200; 2650.1300; 2650.1400; 2650.1500;
2650.1600; 2650.1700; 2650.1800; 2650.1900; 2650.2000;
2650.2100; 2650.3100; 2650.3200; 2650.3300; 2650.3400;
2650.3500; 2650.3600; 2650.3700; 2650.3800; 2650.3900;
2650.4000; 2650.4100; 2655.1000; 2660.0070; and 2770.7400, are
repealed.
Sec. 3. [REPEALER; DEPARTMENT OF HEALTH.]
Minnesota Rules, part 4610.2210, is repealed.
Sec. 4. [REPEALER; DEPARTMENT OF HUMAN SERVICES.]
Minnesota Rules, parts 9540.0100; 9540.0200; 9540.0300;
9540.0400; 9540.0500; 9540.1000; 9540.1100; 9540.1200;
9540.1300; 9540.1400; 9540.1500; 9540.2000; 9540.2100;
9540.2200; 9540.2300; 9540.2400; 9540.2500; 9540.2600; and
9540.2700, are repealed.
Sec. 5. [REPEALER; POLLUTION CONTROL AGENCY.]
Minnesota Rules, parts 7002.0410; 7002.0420; 7002.0430;
7002.0440; 7002.0450; 7002.0460; 7002.0470; 7002.0480;
7002.0490; 7047.0010; 7047.0020; 7047.0030; 7047.0040;
7047.0050; 7047.0060; 7047.0070; 7100.0300; 7100.0310;
7100.0320; 7100.0330; 7100.0335; 7100.0340; and 7100.0350, are
repealed.
Sec. 6. [REPEALER; DEPARTMENT OF PUBLIC SAFETY.]
Minnesota Rules, parts 7510.6100; 7510.6200; 7510.6300;
7510.6350; 7510.6400; 7510.6500; 7510.6600; 7510.6700;
7510.6800; 7510.6900; and 7510.6910, are repealed.
Sec. 7. [REPEALER; DEPARTMENT OF PUBLIC SERVICE.]
Minnesota Rules, parts 7600.0100; 7600.0200; 7600.0300;
7600.0400; 7600.0500; 7600.0600; 7600.0700; 7600.0800;
7600.0900; 7600.1000; 7600.1100; 7600.1200; 7600.1300;
7600.1400; 7600.1500; 7600.1600; 7600.1700; 7600.1800;
7600.1900; 7600.2000; 7600.2100; 7600.2200; 7600.2300;
7600.2400; 7600.2500; 7600.2600; 7600.2700; 7600.2800;
7600.2900; 7600.3000; 7600.3100; 7600.3200; 7600.3300;
7600.3400; 7600.3500; 7600.3600; 7600.3700; 7600.3800;
7600.3900; 7600.4000; 7600.4100; 7600.4200; 7600.4300;
7600.4400; 7600.4500; 7600.4600; 7600.4700; 7600.4800;
7600.4900; 7600.5000; 7600.5100; 7600.5200; 7600.5300;
7600.5400; 7600.5500; 7600.5600; 7600.5700; 7600.5800;
7600.5900; 7600.6000; 7600.6100; 7600.6200; 7600.6300;
7600.6400; 7600.6500; 7600.6600; 7600.6700; 7600.6800;
7600.6900; 7600.7000; 7600.7100; 7600.7200; 7600.7210;
7600.7300; 7600.7400; 7600.7500; 7600.7600; 7600.7700;
7600.7750; 7600.7800; 7600.7900; 7600.8100; 7600.8200;
7600.8300; 7600.8400; 7600.8500; 7600.8600; 7600.8700;
7600.8800; 7600.8900; 7600.9000; 7600.9100; 7600.9200;
7600.9300; 7600.9400; 7600.9500; 7600.9600; 7600.9700;
7600.9800; 7600.9900; 7625.0100; 7625.0110; 7625.0120;
7625.0200; 7625.0210; 7625.0220; and 7625.0230, are repealed.
Sec. 8. [REPEALER; DEPARTMENT OF REVENUE.]
Minnesota Rules, parts 8120.1100, subpart 3; 8121.0500,
subpart 2; 8130.9912; 8130.9913; 8130.9916; 8130.9920;
8130.9930; 8130.9956; 8130.9958; 8130.9968; 8130.9972;
8130.9980; and 8130.9992, are repealed.
ARTICLE 4
CONFORMING AMENDMENTS
Section 1. Minnesota Rules, part 1540.2140, is amended to
read:
1540.2140 DISPOSITION OF CONDEMNED MEAT OR PRODUCT AT OFFICIAL
ESTABLISHMENTS HAVING NO TANKING FACILITIES.
Any carcass or product condemned at an official
establishment which has no facilities for tanking shall be
denatured with crude carbolic acid, cresylic disinfectant, or
other prescribed agent, or be destroyed by incineration under
the supervision of a department employee. When such carcass or
product is not incinerated it shall be slashed freely with a
knife, before the denaturing agent is applied.
Carcasses and products condemned on account of anthrax, and
the materials identified in parts 1540.1300 to 1540.1360, which
are derived therefrom at establishments which are not equipped
with tanking facilities shall be disposed of by complete
incineration, or by thorough denaturing with a prescribed
denaturant, and then disposed of in accordance with the
requirements of the Board of Animal Health, who shall be
notified immediately by the inspector in charge.
Sec. 2. Minnesota Rules, part 7001.0140, subpart 2, is
amended to read:
Subp. 2. Agency findings. The following findings by the
agency constitute justification for the agency to refuse to
issue a new or modified permit, to refuse permit reissuance, or
to revoke a permit without reissuance:
A. that with respect to the facility or activity to be
permitted, the proposed permittee or permittees will not comply
with all applicable state and federal pollution control statutes
and rules administered by the agency, or conditions of the
permit;
B. that there exists at the facility to be permitted
unresolved noncompliance with applicable state and federal
pollution control statutes and rules administered by the agency,
or conditions of the permit and that the permittee will not
undertake a schedule of compliance to resolve the noncompliance;
C. that the permittee has failed to disclose fully all
facts relevant to the facility or activity to be permitted, or
that the permittee has submitted false or misleading information
to the agency or to the commissioner;
D. that the permitted facility or activity endangers human
health or the environment and that the danger cannot be removed
by a modification of the conditions of the permit;
E. that all applicable requirements of Minnesota Statutes,
chapter 116D and the rules adopted under Minnesota Statutes,
chapter 116D have not been fulfilled;
F. that with respect to the facility or activity to be
permitted, the proposed permittee has not complied with any
requirement under parts 7002.0210 to 7002.0310, 7002.0410 to
7002.0490, or chapter 7046 to pay fees; or
G. that with respect to the facility or activity to be
permitted, the proposed permittee has failed to pay a penalty
owed under Minnesota Statutes, section 116.072.
Sec. 3. Minnesota Rules, part 7001.0180, is amended to
read:
7001.0180 JUSTIFICATION TO COMMENCE REVOCATION WITHOUT
REISSUANCE OF PERMIT.
The following constitute justification for the commissioner
to commence proceedings to revoke a permit without reissuance:
A. existence at the permitted facility of unresolved
noncompliance with applicable state and federal pollution
statutes and rules or a condition of the permit, and refusal of
the permittee to undertake a schedule of compliance to resolve
the noncompliance;
B. the permittee fails to disclose fully the facts
relevant to issuance of the permit or submits false or
misleading information to the agency or to the commissioner;
C. the commissioner finds that the permitted facility or
activity endangers human health or the environment and that the
danger cannot be removed by a modification of the conditions of
the permit;
D. the permittee has failed to comply with any requirement
under parts 7002.0210 to 7002.0310, 7002.0410 to 7002.0490, or
chapter 7046 to pay fees; or
E. the permittee has failed to pay a penalty owed under
Minnesota Statutes, section 116.072.
Sec. 4. Minnesota Rules, part 8130.3500, subpart 3, is
amended to read:
Subp. 3. Motor carrier direct pay certificate. A motor
carrier direct pay certificate will be issued to qualified
electing carriers by the commissioner of revenue and will be
effective as of the date shown on the certificate. A facsimile
of the authorized motor carrier direct pay certificate is
reproduced at part 8130.9958.
Sec. 5. Minnesota Rules, part 8130.6500, subpart 5, is
amended to read:
Subp. 5. Sale of aircraft. When the dealer sells the
aircraft, the selling price must be included in gross sales.
The fact that the aircraft commercial use permit has not expired
or that the dealer has reported and paid use tax on the aircraft
has no effect on the taxability of the sale. The dealer must
return the aircraft commercial use permit (unless previously
returned) when the dealer files the sales and use tax return for
the month in which the sale was made. No credit or refund is
given for the $20 fee originally paid.
A facsimile of the authorized aircraft commercial use
permit is reproduced at part 8130.9992.
ARTICLE 5
ENVIRONMENTAL REORGANIZATION
Section 1. [FINDINGS.]
The legislature finds as follows: the current assignment
of environmental and natural resources programs among many state
agencies creates confusion and frustration for citizens and
decision makers. The environmental and natural resources
services provided by these programs can be better delivered by
reorganizing related functions so that citizens of Minnesota
have easier access to the programs. Reorganization can provide
more responsiveness to citizens, will ensure less fragmentation
of environmental and natural resources policies, will minimize
overlapping responsibilities among agencies, and will ensure
better coordination of environmental and natural resources
policies.
Sec. 2. [REORGANIZATION.]
Subdivision 1. [GOALS.] The legislature finds that it is
desirable to develop a plan to reorganize state services
relating to the protection of the environment, protection of
farmland, and the management of natural resources to achieve the
following goals:
(1) sustainable development throughout all regions of the
state and all sectors of the economy;
(2) improved delivery of services;
(3) a preventative, precautionary approach to environmental
degradation;
(4) citizen participation in relevant decision-making
processes; and
(5) progressively less air, land, and water pollution.
Subd. 2. [DEFINITION.] "Sustainable development" means
management and development of environmental resources to ensure
both sustainable human progress and environmental protection by
meeting the needs of the present without compromising the
ability of future generations to meet their own needs.
Sec. 3. [OUTCOMES.]
A reorganization plan must show how state agencies can be
reorganized to achieve the following outcomes:
(1) consolidation, where appropriate, of many of the
state's diverse environmental and natural resource programs;
(2) better coordination of programs and activities relating
to environmental and natural resource matters;
(3) improved citizen access to pertinent, understandable
information;
(4) establishment of an expeditious review process for
agency actions;
(5) establishment of a policy planning framework for
sustainable development;
(6) integrated licensing and permitting through a single
access point;
(7) identification and review of specifications and
programs that should be eliminated or accomplished by different
means;
(8) decentralization of the service-delivery system for the
benefit of citizens of the state as consumers of services;
(9) management based on appropriate geographical natural
resource characteristics;
(10) development of the polluter-pays principle through a
balanced system of regulatory controls and financial incentives;
and
(11) the flexibility to enable state and local governments
to coordinate and cooperate as well as identify and address
existing and emerging environmental issues of state, national,
and international import.
Sec. 4. [REORGANIZATION STUDY.]
Subdivision 1. [GOVERNOR'S DESIGNEES.] Within 30 days of
the effective date of this section, the governor shall designate
a commissioner or group of commissioners to develop a plan to
reorganize state services relating to the protection of the
environment and the management of natural resources. The
governor's designee or designees shall consult with legislators
designated by the legislative coordinating commission under
subdivision 2 in developing the plan.
Subd. 2. [LEGISLATIVE DESIGNEES.] Within 30 days of the
effective date of this section, the legislative coordinating
commission shall designate a group of legislators to develop a
plan to reorganize state services relating to the protection of
the environment and the management of natural resources. The
designees must include the chairs of the house and senate
committees on environment and natural resources, unless the
chairs decline. The legislative designees shall consult with
the governor's designee or designees named under subdivision 1
in developing the plan.
Subd. 3. [PUBLIC, STATE EMPLOYEE INPUT.] The designees of
the governor and the legislative coordinating commission may
appoint stakeholder advisory councils to facilitate public input
and state employee input on state services relating to the
protection of the environment and the management of natural
resources.
Subd. 4. [ACTIVITIES.] (a) The designees named under
subdivisions 1 and 2 shall serve as partners in studying the
delivery of state services and the performance of state
functions and shall recommend changes that would achieve the
goals and outcomes outlined in sections 2 and 3. These
recommendations must be submitted to the legislature by December
15, 1996.
(b) As part of their study, the designees shall examine
special purpose districts, including soil and water conservation
districts, watershed districts, lake improvement districts, lake
conservation districts, and water management organizations, and
shall recommend steps to eliminate overlapping jurisdictions,
duplicative responsibilities, and duplicative funding
mechanisms. These recommendations must be submitted to the
legislature by December 15, 1995.
(c) As part of their study, the designees shall examine
boards, commissions, councils, and task forces, including the
office of environmental assistance and the board of water and
soil resources and other organizations and advisory bodies
providing or regulating state services relating to the
protection of the environment, protection of farmland, and the
management of natural resources, and shall recommend steps to
increase accountability and eliminate overlapping jurisdictions,
duplicative responsibilities and programs, and duplicative
funding mechanisms.
ARTICLE 6
PUBLIC SERVICE
Section 1. [REGULATORY AND ADMINISTRATIVE STRUCTURE.]
By January 15, 1996, the commissioner of the department of
public service and the chair of the public utilities commission
shall jointly submit to the legislature a recommendation on the
desirability of restructuring the department and the commission,
including whether or not to have a unified structure. The
recommendation must address the desirability and feasibility of:
(1) an administrative structure that would provide for the
greatest possible independence of the public utilities
commission in its exercise of quasi-judicial functions;
(2) guidelines that would prevent any employee engaged in
the performance of investigative or advocating functions for an
agency in a case before the commission from, in that case or a
factually related case, participating or advising in the
decision of the commission, except as a witness or counsel in
public proceedings;
(3) the assignment to the public utilities commission of
duties and responsibilities as are quasi-judicial in nature;
(4) the joint provision of, administrative and support
services including, at a minimum, personnel, purchasing,
budgeting, information systems, and similar services;
(5) a reduction in staffing levels, from the existing staff
of both the department and the commission, to achieve savings;
(6) changes in the statutory provisions, and recodification
of relevant provisions in Minnesota Statutes, chapter 216E,
regarding the department and the commission necessary to carry
out the policies of this article, including the identification
of obsolete, redundant, or unnecessary functions that are
currently required of the department or the commission;
(7) the appropriate number of commissioners on the public
utilities commission within a restructured organization; and
(8) the transfer of intervention staff to the attorney
general's office.
ARTICLE 7
TRANSPORTATION REGULATION BOARD
Section 1. [STUDY OF BOARD POWERS, DUTIES, AND FUNCTIONS.]
Of the amount appropriated for fiscal year 1996 to the
transportation regulation board, $100,000 is for the board, in
cooperation with the commissioner of transportation, the center
for transportation studies, and the legislative auditor, to
conduct a study of the transfer of powers, duties, and functions
of the board to an appropriate agency. The study must include
(1) which powers of the board should be eliminated, and (2) the
relocation to other agencies of those powers of the board that
should be retained. In conducting the study, the board shall
establish and consult with an advisory committee that includes,
but is not limited to, representatives of for-hire and private
trucking, including household goods movers; representatives of
for-hire and private passenger carriers, including limousines
and personal transportation consumers; and members of
legislative committees and divisions that are responsible for
transportation policy or funding. The board shall submit a
report on the study, including recommendations and draft
legislation, to the legislature by February 1, 1996.
Sec. 2. [VACANCIES.]
Vacancies on the transportation regulation board may not be
filled after the effective date of this section. Upon request
of the board, the chief administrative law judge of the office
of administrative hearings shall designate an administrative law
judge to serve as a temporary member of the board in regard to a
specific matter before the board.
Sec. 3. [ABOLITION.]
The transportation regulation board is abolished July 1,
1996, provided that a law is enacted transferring the remaining
functions of the board.
Sec. 4. [EFFECTIVE DATE.]
Section 2 is effective the day following final enactment.
ARTICLE 8
LEGISLATIVE OVERSIGHT
Section 1. [ECONOMIC-ASSISTANCE AGENCY REVIEW.]
(a) The legislative coordinating commission or its designee
shall study the desirability and feasibility of merging or
otherwise reorganizing the department of trade and economic
development, the department of economic security, and other
agencies that provide assistance to businesses and promote the
economic development of the state. In conducting its study, the
commission shall consider the principles on efficiency of state
agency operations set out in article 11. The commission shall
report its findings and recommendations to the committee on
governmental operations of the house of representatives and the
committee on governmental operations and veterans of the senate
by February 1, 1996. The commission is responsible for the
planning, coordination, and oversight of any subsequent
reorganization of agencies covered by its study and
recommendations.
(b) The legislative audit commission is asked to consider
directing the legislative auditor to:
(1) undertake a program evaluation of the economic recovery
grant program and other programs that provide state financial
assistance to businesses; and
(2) recommend criteria for grant eligibility and
performance measures for evaluating grant and loan programs.
(c) Notwithstanding Minnesota Statutes, sections 4.035 and
16B.37, no reorganization affecting the department of trade and
economic development, the department of economic security, or
other agencies that provide assistance to businesses or promote
the economic development of the state may be implemented until
the legislature has received and considered the report required
by paragraph (a) and any report issued in accordance with
paragraph (b).
Sec. 2. [COOPERATION; STAFF ASSISTANCE.]
The committee on ways and means of the house of
representatives and the committee on governmental operations and
veterans of the senate shall, to the extent feasible, support
and supply staff assistance to the legislative coordinating
commission for the purpose of implementing section 1.
ARTICLE 9
HIGHER EDUCATION SERVICES OFFICE
Section 1. [REPORTING.]
During the biennium ending June 30, 1997, the higher
education services office shall report at the end of each
quarter to the chairs of the house of representatives committee
on ways and means and the senate finance committee. Each
quarterly report must provide detail on the office's expenditure
of funds for agency administration.
Each report must compare the number of employees needed to
carry out the office's agency administration functions to the
number needed to carry out those functions under the higher
education coordinating board in the preceding biennium.
At the end of each quarter, the commissioner of finance
shall estimate the amount of funds appropriated and available to
the office for agency administration, and the amount actually
spent during the quarter for agency administration. The
commissioner shall transfer any excess funds, to be spent for
purposes of the work study program.
ARTICLE 10
DEPARTMENT OF EMPLOYEE RELATIONS
Section 1. Minnesota Statutes 1994, section 13.67, is
amended to read:
13.67 [EMPLOYEE RELATIONS DATA.]
The following data collected, created, or maintained by the
department of employee relations are classified as nonpublic
data pursuant to section 13.02, subdivision 9:
(a) The commissioner's plan prepared by the department,
pursuant to section 3.855, which governs the compensation and
terms and conditions of employment for employees not covered by
collective bargaining agreements until the plan is submitted to
the legislative commission on employee relations;
(b) Data pertaining to grievance or interest arbitration
that has not been presented to the arbitrator or other party
during the arbitration process;
(c) Notes and preliminary drafts of reports prepared during
personnel investigations and personnel management reviews of
state departments and agencies;
(d) The managerial plan prepared by the department pursuant
to section 43A.18 that governs the compensation and terms and
conditions of employment for employees in managerial positions,
as specified in section 43A.18, subdivision 3, until the plan is
submitted to the legislative commission on employee relations;
and
(e) Claims experience and all related information received
from carriers and claims administrators participating in either
the state group insurance plan or the public employees insurance
plan program as defined in chapter 43A, and survey information
collected from employees and employers participating in these
plans and programs, except when the department determines that
release of the data will not be detrimental to the plan or
program.
Sec. 2. Minnesota Statutes 1994, section 43A.04,
subdivision 1, is amended to read:
Subdivision 1. [STATEWIDE LEADERSHIP.] (a) The
commissioner is the chief personnel and labor relations manager
of the civil service in the executive branch.
Whenever any power or responsibility is given to the
commissioner by any provision of Laws 1981, chapter 210, unless
otherwise expressly provided, the power or authority applies to
all employees of agencies in the executive branch and to
employees in classified positions in the office of the
legislative auditor, the Minnesota state retirement system, the
public employees retirement association, and the teacher's
retirement association. Unless otherwise provided by law, the
power or authority does not apply to unclassified employees in
the legislative and judicial branches.
(b) The commissioner shall operate an information system
from which personnel data, as defined in section 13.43,
concerning employees and applicants for positions in the
classified service can be retrieved.
The commissioner has access to all public and private
personnel data kept by appointing authorities that will aid in
the discharge of the commissioner's duties.
(c) The commissioner may consider and investigate any
matters concerned with the administration of provisions of Laws
1981, chapter 210, and may order any remedial actions consistent
with law.
(d) The commissioner has sole authority to settle state
employee workers' compensation claims.
(e) The commissioner may assess or establish and collect
premiums from all state entities for to cover the costs of
programs under sections 15.46 and 176.603.
Sec. 3. Minnesota Statutes 1994, section 43A.08,
subdivision 1, is amended to read:
Subdivision 1. [UNCLASSIFIED POSITIONS.] Unclassified
positions are held by employees who are:
(1) chosen by election or appointed to fill an elective
office;
(2) heads of agencies required by law to be appointed by
the governor or other elective officers, and the executive or
administrative heads of departments, bureaus, divisions, and
institutions specifically established by law in the unclassified
service;
(3) deputy and assistant agency heads and one confidential
secretary in the agencies listed in subdivision 1a and in the
office of strategic and long-range planning;
(4) the confidential secretary to each of the elective
officers of this state and, for the secretary of state, state
auditor, and state treasurer, an additional deputy, clerk, or
employee;
(5) intermittent help employed by the commissioner of
public safety to assist in the issuance of vehicle licenses;
(6) employees in the offices of the governor and of the
lieutenant governor and one confidential employee for the
governor in the office of the adjutant general;
(7) employees of the Washington, D.C., office of the state
of Minnesota;
(8) employees of the legislature and of legislative
committees or commissions; provided that employees of the
legislative audit commission, except for the legislative
auditor, the deputy legislative auditors, and their confidential
secretaries, shall be employees in the classified service;
(9) presidents, vice-presidents, deans, other managers and
professionals in academic and academic support programs,
administrative or service faculty, teachers, research
assistants, and student employees eligible under terms of the
federal economic opportunity act work study program in the
school and resource center for the arts, state universities and
community colleges, and the higher education board, but not the
custodial, clerical, or maintenance employees, or any
professional or managerial employee performing duties in
connection with the business administration of these
institutions;
(10) officers and enlisted persons in the national guard;
(11) attorneys, legal assistants, and three confidential
employees appointed by the attorney general or employed with the
attorney general's authorization;
(12) judges and all employees of the judicial branch,
referees, receivers, jurors, and notaries public, except
referees and adjusters employed by the department of labor and
industry;
(13) members of the state patrol; provided that selection
and appointment of state patrol troopers must be made in
accordance with applicable laws governing the classified
service;
(14) chaplains employed by the state;
(15) examination monitors and intermittent training
instructors employed by the departments of employee relations
and commerce and by professional examining boards and
intermittent staff employed by the technical colleges for the
administration of practical skills tests and for the staging of
instructional demonstrations;
(16) student workers;
(17) executive directors or executive secretaries appointed
by and reporting to any policy-making board or commission
established by statute;
(18) employees unclassified pursuant to other statutory
authority;
(19) intermittent help employed by the commissioner of
agriculture to perform duties relating to pesticides,
fertilizer, and seed regulation; and
(20) the administrators and the deputy administrators at
the state academies for the deaf and the blind.
Sec. 4. Minnesota Statutes 1994, section 43A.10,
subdivision 8, is amended to read:
Subd. 8. [ELIGIBILITY FOR QUALIFIED DISABLED
EXAMINATIONS.] The commissioner shall establish examination
procedures for candidates whose disabilities are of such a
severe nature that the candidates are unable to demonstrate
their abilities in competitive examination processes. The
examination procedures must consist of up to 700 hours
on-the-job trial work experience which will be in lieu of a
competitive examination and for which the disabled person has
the option of being paid or unpaid. Up to three persons with
severe disabilities and their job coach may be allowed to
demonstrate their job competence as a unit through the
on-the-job trial work experience examination procedure. This
work experience must be limited to candidates for appointment,
promotion, or transfer who have a physical or mental impairment
for which there is no reasonable accommodation in the
examination process. Implementation of provisions of this
subdivision may not be deemed a violation of other provisions of
Laws 1981, chapter 210 or 363. The commissioner shall establish
alternative examination methods to assess the qualifications of
applicants for a competitive open or competitive promotional
examination who have a disability that does not prevent
performance of the duties of the class but that cannot be
accommodated in the regular examination process. Alternative
examination methods offered must allow candidates for
competitive open and competitive promotional exams to
demonstrate possession of the same knowledge, skills, and
abilities essential to satisfactory performance in the job class
without compromising inferences about other candidates'
qualifications.
Sec. 5. Minnesota Statutes 1994, section 43A.13,
subdivision 6, is amended to read:
Subd. 6. [QUALIFIED DISABLED.] For a position to be filled
by qualified disabled examination, The commissioner shall
certify only the one eligible who has successfully completed the
examination processes provided in section 43A.10, subdivision 8,
for the position refer all qualified disabled candidates with
eligibles from the competitive open or competitive promotional
list established from the same examination announcement.
Sec. 6. Minnesota Statutes 1994, section 43A.15, is
amended by adding a subdivision to read:
Subd. 14. [ON-THE-JOB DEMONSTRATION EXAMINATION AND
APPOINTMENT.] The commissioner shall establish qualifying
procedures for candidates whose disabilities are of such a
severe nature that the candidates are unable to demonstrate
their abilities in competitive and qualified disabled
examination processes. The qualifying procedures must consist
of up to 700 hours on-the-job trial work experience which will
be in lieu of a competitive examination and for which the
disabled person has the option of being paid or unpaid. Up to
three persons with severe disabilities and their job coach may
be allowed to demonstrate their job competence as a unit through
the on-the-job trial work experience examination procedure.
This work experience must be limited to candidates for
appointment, promotion, or transfer for which there is no
reasonable accommodation in the examination process.
The commissioner may authorize the probationary appointment
of a candidate based on the request of the appointing authority
that documents that the candidate has successfully demonstrated
qualifications for the position through completion of an
on-the-job trial work experience. The implementation of this
subdivision may not be deemed a violation of chapter 43A or 363.
Sec. 7. Minnesota Statutes 1994, section 43A.19,
subdivision 1, is amended to read:
Subdivision 1. [STATEWIDE AFFIRMATIVE ACTION PROGRAM.] (a)
To assure that positions in the executive branch of the civil
service are equally accessible to all qualified persons, and to
eliminate the underutilization of qualified members of protected
groups, the commissioner shall adopt and periodically revise, if
necessary, a statewide affirmative action program. The
statewide affirmative action program must consist of at least
the following:
(1) objectives, goals, and policies;
(2) procedures, standards, and assumptions to be used by
agencies in the preparation of agency affirmative action plans,
including methods by which goals and timetables are established;
and
(3) the analysis of separation patterns to determine the
impact on protected group members; and
(3) (4) requirements for annual objectives and submission
of affirmative action progress reports from heads of agencies.
(b) The commissioner shall base affirmative action goals on
at least the following factors:
(1) the percentage of members of each protected class in
the recruiting area population who have the necessary skills;
(2) the availability for promotion or transfer of members
of protected classes in the recruiting area population;
(3) the extent of unemployment of members of protected
classes in the recruiting area population;
(4) the existence of training programs in needed skill
areas offered by employing agencies and other institutions; and
(5) the expected number of available positions to be filled.
(c) The commissioner shall designate a state director
of diversity and equal employment opportunity who may be
delegated the preparation, revision, implementation, and
administration of the program. The commissioner of employee
relations may place the director's position in the unclassified
service if the position meets the criteria established in
section 43A.08, subdivision 1a.
Sec. 8. Minnesota Statutes 1994, section 43A.191,
subdivision 1, is amended to read:
Subdivision 1. [AFFIRMATIVE ACTION OFFICERS.] (a) Each
agency with an approved complement over 1,000 employees or more
shall have at least one full-time affirmative action officer,
who shall have primary responsibility for developing and
maintaining the agency's affirmative action plan. The officer
shall devote full time to affirmative action activities. The
affirmative action officer shall report administratively and on
policy issues directly to the agency head.
(b) The commissioner agency heads shall assign affirmative
action officers or designees for agencies with approved
complements of less fewer than 1,000 employees. The designees
shall report administratively and on policy issues directly to
the agency head.
(c) An agency may not use authority under section 43A.08,
subdivision 1a, to place the position of an agency affirmative
action officer or designee in the unclassified service.
Sec. 9. Minnesota Statutes 1994, section 43A.191,
subdivision 2, is amended to read:
Subd. 2. [AGENCY AFFIRMATIVE ACTION PLANS.] (a) The head
of each agency in the executive branch shall prepare and
implement an agency affirmative action plan consistent with this
section and rules issued under section 43A.04, subdivision 3.
(b) The agency plan must include a plan for the provision
of reasonable accommodation in the hiring and promotion of
qualified disabled persons. The reasonable accommodation plan
must consist of at least the following:
(1) procedures for compliance with section 363.03 and,
where appropriate, regulations implementing United States Code,
title 29, section 794, as amended through December 31, 1984,
which is section 504 of the Rehabilitation Act of 1973, as
amended and the Americans with Disabilities Act, United States
Code, title 42, sections 101 to 108, 201 to 231, 241 to 246,
401, 402, and 501 to 514;
(2) methods and procedures for providing reasonable
accommodation for disabled job applicants, current employees,
and employees seeking promotion; and
(3) provisions for funding reasonable accommodations.
(c) The agency plan must be prepared by the agency head
with the assistance of the agency affirmative action officer and
the director of diversity and equal employment opportunity. The
council on disability shall provide assistance with the agency
reasonable accommodation plan.
(d) The agency plan must identify, annually, any positions
in the agency that can be used for supported employment as
defined in section 268A.01, subdivision 13, of persons with
severe disabilities. The agency shall report this information
to the commissioner. An agency that hires more than one
supported worker in the identified positions must receive
recognition for each supported worker toward meeting the
agency's affirmative action goals and objectives.
(e) An agency affirmative action plan may not be
implemented without the commissioner's approval.
Sec. 10. Minnesota Statutes 1994, section 43A.191,
subdivision 3, is amended to read:
Subd. 3. [AUDITS; SANCTIONS AND INCENTIVES.] (a) The
director of equal employment opportunity shall annually audit
the record of each agency to determine the rate of compliance
with annual hiring goals of each goal unit and to evaluate the
agency's overall progress toward its affirmative action goals
and objectives. The commissioner shall annually audit the
record of each agency to determine the rate of compliance with
affirmative action requirements.
(b) By March 1 of each odd-numbered year, the commissioner
shall submit a report on affirmative action progress of each
agency and the state as a whole to the governor and to the
finance committee of the senate, the appropriations committee of
the house of representatives, the governmental operations
committees of both houses of the legislature, and the
legislative commission on employee relations. The report must
include noncompetitive appointments made under section 43A.08,
subdivision 2a, or 43A.15, subdivisions 3 to 13, and cover each
agency's rate of compliance with annual hiring goals affirmative
action requirements. In addition, any agency that has not met
its affirmative action hiring goals, that fails to make an
affirmative action hire, or fails to justify its nonaffirmative
action hire in 25 percent or more of the appointments made in
the previous calendar year must be designated in the report as
an agency not in compliance with affirmative action requirements.
(c) The commissioner shall study methods to improve the
performance of agencies not in compliance with affirmative
action requirements.
(d) The commissioner shall establish a program to recognize
agencies that have made significant and measurable progress
toward achieving affirmative action objectives.
(c) An agency that does not meet its hiring goals must
justify its nonaffirmative action hires in competitive and
noncompetitive appointments according to criteria issued by the
department of employee relations. "Missed opportunity" includes
failure to justify a nonaffirmative action hire. An agency must
have 25 percent or less missed opportunities in competitive
appointments and 25 percent or less missed opportunities in
appointments made under sections 43A.08, subdivisions 1, clauses
(9), (11), and (16); and 2a; and 43A.15, subdivisions 3, 10, 12,
and 13. In addition, an agency shall:
(1) demonstrate a good faith effort to recruit protected
group members by following an active recruitment plan;
(2) implement a coordinated retention plan; and
(3) have an established complaint resolution procedure.
(d) The commissioner shall develop reporting standards and
procedures for measuring compliance.
(e) An agency is encouraged to develop other innovative
ways to promote awareness, acceptance, and appreciation for
diversity and affirmative action. These innovations will be
considered when evaluating an agency's compliance with this
section.
(f) An agency not in compliance with affirmative action
requirements of this section must identify methods and programs
to improve performance, to reallocate resources internally in
order to increase support for affirmative action programs, and
to submit program and resource reallocation proposals to the
commissioner for approval. An agency must submit these
proposals within 120 days of being notified by the commissioner
that it is out of compliance with affirmative action
requirements. The commissioner shall monitor quarterly the
affirmative action programs of an agency found to be out of
compliance.
(g) The commissioner shall establish a program to recognize
an agency that has made significant and measurable progress in
implementing an affirmative action plan.
Sec. 11. Minnesota Statutes 1994, section 43A.24,
subdivision 2, is amended to read:
Subd. 2. [OTHER ELIGIBLE PERSONS.] The following persons
are eligible for state paid life insurance and hospital,
medical, and dental benefits as determined in applicable
collective bargaining agreements or by the commissioner or by
plans pursuant to section 43A.18, subdivision 6, or by the board
of regents for employees of the University of Minnesota not
covered by collective bargaining agreements. Coverages made
available, including optional coverages, are as contained in the
plan established pursuant to section 43A.18, subdivision 2:
(a) a member of the state legislature, provided that
changes in benefits resulting in increased costs to the state
shall not be effective until expiration of the term of the
members of the existing house of representatives. An eligible
member of the state legislature may decline to be enrolled for
state paid coverages by filing a written waiver with the
commissioner. The waiver shall not prohibit the member from
enrolling the member or dependents for optional coverages,
without cost to the state, as provided for in section 43A.26. A
member of the state legislature who returns from a leave of
absence to a position previously occupied in the civil service
shall be eligible to receive the life insurance and hospital,
medical, and dental benefits to which the position is entitled;
(b) a permanent employee of the legislature or a permanent
employee of a permanent study or interim committee or commission
or a state employee on leave of absence to work for the
legislature, during a regular or special legislative session;
(c) a judge of the appellate courts or an officer or
employee of these courts; a judge of the district court, a judge
of county court, a judge of county municipal court, or a judge
of probate court; a district court referee, judicial officer,
court reporter, or law clerk; a district administrator; an
employee of the office of the district administrator that is not
in the second or fourth judicial district; a court administrator
or employee of the court administrator in the eighth judicial
district, and a guardian ad litem program administrator in the
eighth judicial district;
(d) a salaried employee of the public employees retirement
association;
(e) a full-time military or civilian officer or employee in
the unclassified service of the department of military affairs
whose salary is paid from state funds;
(f) a salaried employee of the Minnesota historical
society, whether paid from state funds or otherwise, who is not
a member of the governing board;
(g) an employee of the regents of the University of
Minnesota;
(h) notwithstanding section 43A.27, subdivision 3, an
employee of the state of Minnesota or the regents of the
University of Minnesota who is at least 60 and not yet 65 years
of age on July 1, 1982, who is otherwise eligible for employee
and dependent insurance and benefits pursuant to section 43A.18
or other law, who has at least 20 years of service and retires,
earlier than required, within 60 days of March 23, 1982; or an
employee who is at least 60 and not yet 65 years of age on July
1, 1982, who has at least 20 years of state service and retires,
earlier than required, from employment at Rochester state
hospital after July 1, 1981; or an employee who is at least 55
and not yet 65 years of age on July 1, 1982, and is covered by
the Minnesota state retirement system correctional employee
retirement plan or the state patrol retirement fund, who has at
least 20 years of state service and retires, earlier than
required, within 60 days of March 23, 1982. For purposes of
this clause, a person retires when the person terminates active
employment in state or University of Minnesota service and
applies for a retirement annuity. Eligibility shall cease when
the retired employee attains the age of 65, or when the employee
chooses not to receive the annuity that the employee has applied
for. The retired employee shall be eligible for coverages to
which the employee was entitled at the time of retirement,
subject to any changes in coverage through collective bargaining
or plans established pursuant to section 43A.18, for employees
in positions equivalent to that from which retired, provided
that the retired employee shall not be eligible for state-paid
life insurance. Coverages shall be coordinated with relevant
health insurance benefits provided through the federally
sponsored Medicare program;
(i) an employee of an agency of the state of Minnesota
identified through the process provided in this paragraph who is
eligible to retire prior to age 65. The commissioner and the
exclusive representative of state employees shall enter into
agreements under section 179A.22 to identify employees whose
positions are in programs that are being permanently eliminated
or reduced due to federal or state policies or practices.
Failure to reach agreement identifying these employees is not
subject to impasse procedures provided in chapter 179A. The
commissioner must prepare a plan identifying eligible employees
not covered by a collective bargaining agreement in accordance
with the process outlined in section 43A.18, subdivisions 2 and
3. For purposes of this paragraph, a person retires when the
person terminates active employment in state service and applies
for a retirement annuity. Eligibility ends as provided in the
agreement or plan, but must cease at the end of the month in
which the retired employee chooses not to receive an annuity, or
the employee is eligible for employer-paid health insurance from
a new employer. The retired employees shall be eligible for
coverages to which they were entitled at the time of retirement,
subject to any changes in coverage through collective bargaining
or plans established under section 43A.18 for employees in
positions equivalent to that from which they retired, provided
that the retired employees shall not be eligible for state-paid
life insurance; and
(j) employees of the state public defender's office, and
district public defenders and their employees other than in the
second and fourth judicial districts, with eligibility
determined by the state board of public defense in consultation
with the commissioner of employee relations; and
(k) employees of the data institute under section 62J.45,
subdivision 8, as paid for by the data institute.
Sec. 12. Minnesota Statutes 1994, section 43A.27,
subdivision 3, is amended to read:
Subd. 3. [RETIRED EMPLOYEES.] A retired employee of the
state or an organization listed in subdivision 2 or section
43A.24, subdivision 2, who receives, at separation of service:
(1) is immediately eligible to receive an annuity under a
state retirement program sponsored by the state or such
organization of the state and immediately meets the age and
service requirements in section 352.115, subdivision 1; and
(2) has five years of service or meets the service
requirement of the collective bargaining agreement or plan,
whichever is greater;
may elect to purchase at personal expense individual and
dependent hospital, medical, and dental coverages that are. The
commissioner shall offer at least one plan which is actuarially
equivalent to those made available through collective bargaining
agreements or plans established pursuant to section 43A.18 to
employees in positions equivalent to that from which retired. A
spouse of a deceased retired employee who received an annuity
under a state retirement program may purchase the coverage
listed in this subdivision if the spouse was a dependent under
the retired employee's coverage at the time of the employee's
death. Coverages must be coordinated with relevant health
insurance benefits provided through the federally sponsored
Medicare program. Until the retired employee reaches age 65,
the retired employee and dependents must be pooled in the same
group as active employees for purposes of establishing premiums
and coverage for hospital, medical, and dental insurance.
Coverage for retired employees and their dependents may not
discriminate on the basis of evidence of insurability or
preexisting conditions unless identical conditions are imposed
on active employees in the group that the employee left.
Appointing authorities shall provide notice to employees no
later than the effective date of their retirement of the right
to exercise the option provided in this subdivision. The
retired employee must notify the commissioner or designee of the
commissioner within 30 days after the effective date of the
retirement of intent to exercise this option.
Sec. 13. Minnesota Statutes 1994, section 43A.316, is
amended to read:
43A.316 [PUBLIC EMPLOYEES INSURANCE PLAN PROGRAM.]
Subdivision 1. [INTENT.] The legislature finds that the
creation of a statewide plan program to provide public employees
and other eligible persons with life insurance and hospital,
medical, and dental benefit coverage through provider
organizations would result in a greater utilization of
government resources and would advance the health and welfare of
the citizens of the state.
Subd. 2. [DEFINITIONS.] For the purpose of this section,
the terms defined in this subdivision have the meaning given
them.
(a) [COMMISSIONER.] "Commissioner" means the commissioner
of employee relations.
(b) [EMPLOYEE.] "Employee" means:
(1) a person who is a public employee within the definition
of section 179A.03, subdivision 14, who is insurance eligible
and is employed by an eligible employer;
(2) an elected public official of an eligible employer who
is insurance eligible; or
(3) a person employed by a labor organization or employee
association certified as an exclusive representative of
employees of an eligible employer or by another public employer
approved by the commissioner, so long as the plan meets the
requirements of a governmental plan under United States Code,
title 29, section 1002(32).
(c) [ELIGIBLE EMPLOYER.] "Eligible employer" means:
(1) a public employer within the definition of section
179A.03, subdivision 15, that is a town, county, city, school
district as defined in section 120.02, educational cooperative
service unit as defined in section 123.58, intermediate district
as defined in section 136C.02, subdivision 7, cooperative center
for vocational education as defined in section 123.351, regional
management information center as defined in section 121.935, or
an education unit organized under the joint powers action,
section 471.59; or
(2) an exclusive representative of employees, as defined in
paragraph (b); or
(3) another public employer approved by the commissioner.
(d) [EXCLUSIVE REPRESENTATIVE.] "Exclusive representative"
means an exclusive representative as defined in section 179A.03,
subdivision 8.
(e) [LABOR-MANAGEMENT COMMITTEE.] "Labor-management
committee" means the committee established by subdivision 4.
(f) [PLAN PROGRAM.] "Plan Program" means the statewide
public employees insurance plan program created by subdivision 3.
Subd. 3. [PUBLIC EMPLOYEE INSURANCE PLAN PROGRAM.] The
commissioner shall be the administrator of the public employee
insurance plan program and may determine its funding
arrangements. The commissioner shall model the plan program
after the plan established in section 43A.18, subdivision 2, but
may modify that plan, in consultation with the labor-management
committee.
Subd. 4. [LABOR-MANAGEMENT COMMITTEE.] The
labor-management committee consists of ten members appointed by
the commissioner. The labor-management committee must comprise
five members who represent employees, including at least one
retired employee, and five members who represent eligible
employers. Committee members are eligible for expense
reimbursement in the same manner and amount as authorized by the
commissioner's plan adopted under section 43A.18, subdivision
2. The commissioner shall consult with the labor-management
committee in major decisions that affect the plan program. The
committee shall study issues relating to the insurance plan
program including, but not limited to, flexible benefits,
utilization review, quality assessment, and cost efficiency.
Subd. 5. [PUBLIC EMPLOYEE PARTICIPATION.] (a)
Participation in the plan program is subject to the conditions
in this subdivision.
(b) Each exclusive representative for an eligible employer
determines whether the employees it represents will participate
in the plan program. The exclusive representative shall give
the employer notice of intent to participate at least 90 30 days
before the expiration date of the collective bargaining
agreement preceding the collective bargaining agreement that
covers the date of entry into the plan program. The exclusive
representative and the eligible employer shall give notice to
the commissioner of the determination to participate in the plan
program at least 90 30 days before entry into the plan
program. Entry into the plan program is governed by a schedule
established by the commissioner.
(c) Employees not represented by exclusive representatives
may become members of the plan program upon a determination of
an eligible employer to include these employees in the plan
program. Either all or none of the employer's unrepresented
employees must participate. The eligible employer shall give at
least 90 30 days' notice to the commissioner before entering the
plan program. Entry into the plan program is governed by a
schedule established by the commissioner.
(d) Participation in the plan program is for a two-year
term. Participation is automatically renewed for an additional
two-year term unless the exclusive representative, or the
employer for unrepresented employees, gives the commissioner
notice of withdrawal at least 90 30 days before expiration of
the participation period. A group that withdraws must wait two
years before rejoining. An exclusive representative, or
employer for unrepresented employees, may also withdraw if
premiums increase 50 percent or more from one insurance year to
the next.
(e) The exclusive representative shall give the employer
notice of intent to withdraw to the commissioner at least 90 30
days before the expiration date of a collective bargaining
agreement that includes the date on which the term of
participation expires.
(f) Each participating eligible employer shall notify the
commissioner of names of individuals who will be participating
within two weeks of the commissioner receiving notice of the
parties' intent to participate. The employer shall also submit
other information as required by the commissioner for
administration of the plan program.
Subd. 6. [COVERAGE.] (a) By January 1, 1989, the
commissioner shall announce the benefits of the plan program.
The plan program shall include employee hospital, medical,
dental, and life insurance for employees and hospital and
medical benefits for dependents. Health maintenance
organization options and other delivery system options may be
provided if they are available, cost-effective, and capable of
servicing the number of people covered in the plan program.
Participation in optional coverages may be provided by
collective bargaining agreements. For employees not represented
by an exclusive representative, the employer may offer the
optional coverages to eligible employees and their dependents
provided in the plan program.
(b) The commissioner, with the assistance of the
labor-management committee, shall periodically assess whether it
is financially feasible for the plan program to offer or to
continue an individual retiree program that has competitive
premium rates and benefits. If the commissioner determines it
to be feasible to offer an individual retiree program, the
commissioner shall announce the applicable benefits, premium
rates, and terms of participation. Eligibility to participate
in the individual retiree program is governed by subdivision 8,
but applies to retirees of eligible employers that do not
participate in the plan program and to those retirees'
dependents and surviving spouses.
Subd. 6a. [CHIROPRACTIC SERVICES.] All benefits provided
by the plan program or a successor plan program relating to
expenses incurred for medical treatment or services of a
physician must also include chiropractic treatment and services
of a chiropractor to the extent that the chiropractic services
and treatment are within the scope of chiropractic licensure.
This subdivision is intended to provide equal access to
benefits for plan program members who choose to obtain treatment
for illness or injury from a doctor of chiropractic, as long as
the treatment falls within the chiropractor's scope of practice.
This subdivision is not intended to change or add to the
benefits provided for in the plan program.
Subd. 7. [PREMIUMS.] The proportion of premium paid by the
employer and employee is subject to collective bargaining or
personnel policies. If, at the beginning of the coverage
period, no collective bargaining agreement has been finalized,
the increased dollar costs, if any, from the previous year is
the sole responsibility of the individual participant until a
collective bargaining agreement states otherwise. Premiums,
including an administration fee, shall be established by the
commissioner. Each employer shall pay monthly the amounts due
for employee benefits including the amounts under subdivision 8
to the commissioner no later than the dates established by the
commissioner. If an employer fails to make the payments as
required, the commissioner may cancel plan program benefits and
pursue other civil remedies.
Subd. 8. [CONTINUATION OF COVERAGE.] (a) A former employee
of an employer participating in the plan program who is
receiving a public pension disability benefit or an annuity or
has met the age and service requirements necessary to receive an
annuity under chapter 353, 353C, 354, 354A, 356, 422A, 423,
423A, or 424, and the former employee's dependents, are eligible
to participate in the plan program. This participation is at
the person's expense unless a collective bargaining agreement or
personnel policy provides otherwise. Premiums for these
participants must be established by the commissioner.
The commissioner may provide policy exclusions for
preexisting conditions only when there is a break in coverage
between a participant's coverage under the employment-based
group insurance plan program and the participant's coverage
under this section. An employer shall notify an employee of the
option to participate under this paragraph no later than the
effective date of retirement. The retired employee or the
employer of a participating group on behalf of a current or
retired employee shall notify the commissioner within 30 days of
the effective date of retirement of intent to participate in the
plan program according to the rules established by the
commissioner.
(b) The spouse of a deceased employee or former employee
may purchase the benefits provided at premiums established by
the commissioner if the spouse was a dependent under the
employee's or former employee's coverage under this section at
the time of the death. The spouse remains eligible to
participate in the plan program as long as the group that
included the deceased employee or former employee participates
in the plan program. Coverage under this clause must be
coordinated with relevant insurance benefits provided through
the federally sponsored Medicare program.
(c) The plan program benefits must continue in the event of
strike permitted by section 179A.18, if the exclusive
representative chooses to have coverage continue and the
employee pays the total monthly premiums when due.
(d) A participant who discontinues coverage may not
reenroll.
Persons participating under these paragraphs shall make
appropriate premium payments in the time and manner established
by the commissioner.
Subd. 9. [INSURANCE TRUST FUND.] The insurance trust fund
in the state treasury consists of deposits of the premiums
received from employers participating in the plan program and
transfers before July 1, 1994, from the excess contributions
holding account established by section 353.65, subdivision 7.
All money in the fund is appropriated to the commissioner to pay
insurance premiums, approved claims, refunds, administrative
costs, and other related service costs. Premiums paid by
employers to the fund are exempt from the tax imposed by
sections 60A.15 and 60A.198. The commissioner shall reserve an
amount of money to cover the estimated costs of claims incurred
but unpaid. The state board of investment shall invest the
money according to section 11A.24. Investment income and losses
attributable to the fund must be credited to the fund.
Subd. 10. [EXEMPTION.] The public employee insurance
plan program and, where applicable, the employers participating
in it are exempt from chapters 60A, 62A, 62C, 62D, 62E, and 62H,
section 471.617, subdivisions 2 and 3, and the bidding
requirements of section 471.6161.
Sec. 14. Minnesota Statutes 1994, section 43A.317,
subdivision 5, is amended to read:
Subd. 5. [EMPLOYER ELIGIBILITY.] (a) [PROCEDURES.] All
employers are eligible for coverage through the program subject
to the terms of this subdivision. The commissioner shall
establish procedures for an employer to apply for coverage
through the program.
(b) [TERM.] The initial term of an employer's coverage will
may be for up to two years from the effective date of the
employer's application. After that, coverage will be
automatically renewed for an additional two-year terms term
unless the employer gives notice of withdrawal from the program
according to procedures established by the commissioner or the
commissioner gives notice to the employer of the discontinuance
of the program. The commissioner may establish conditions under
which an employer may withdraw from the program prior to the
expiration of a two-year term, including by reason of a midyear
an increase in health coverage premiums of 50 percent or
more from one insurance year to the next. An employer that
withdraws from the program may not reapply for coverage for a
period of two years from its date of withdrawal time equal to
its initial term of coverage.
(c) [MINNESOTA WORK FORCE.] An employer is not eligible for
coverage through the program if five percent or more of its
eligible employees work primarily outside Minnesota, except that
an employer may apply to the program on behalf of only those
employees who work primarily in Minnesota.
(d) [EMPLOYEE PARTICIPATION; AGGREGATION OF GROUPS.] An
employer is not eligible for coverage through the program unless
its application includes all eligible employees who work
primarily in Minnesota, except employees who waive coverage as
permitted by subdivision 6. Private entities that are eligible
to file a combined tax return for purposes of state tax laws are
considered a single employer, except as otherwise approved by
the commissioner.
(e) [PRIVATE EMPLOYER.] A private employer is not eligible
for coverage unless it has two or more eligible employees in the
state of Minnesota. If an employer has only two eligible
employees and one is the spouse, child, sibling, parent, or
grandparent of the other, the employer must be a Minnesota
domiciled employer and have paid social security or
self-employment tax on behalf of both eligible employees.
(f) [MINIMUM PARTICIPATION.] The commissioner must require
as a condition of employer eligibility that at least 75 percent
of its eligible employees who have not waived coverage
participate in the program. The participation level of eligible
employees must be determined at the initial offering of coverage
and at the renewal date of coverage. For purposes of this
section, waiver of coverage includes only waivers due to
coverage under another group health benefit plan.
(g) [EMPLOYER CONTRIBUTION.] The commissioner must require
as a condition of employer eligibility that the employer
contribute at least 50 percent toward the cost of the premium of
the employee and may require that the contribution toward the
cost of coverage is structured in a way that promotes price
competition among the coverage options available through the
program.
(h) [ENROLLMENT CAP.] The commissioner may limit employer
enrollment in the program if necessary to avoid exceeding the
program's reserve capacity.
Sec. 15. Minnesota Statutes 1994, section 62J.45,
subdivision 8, is amended to read:
Subd. 8. [STAFF.] The board may hire an executive
director. The executive director is not a state employee but is
covered by section 3.736. The executive director and staff may
participate in the following plans for employees in the
unclassified service: the state retirement plan, the state
deferred compensation plan, and the health insurance and life
insurance plans coverages in section 43A.24, subdivision 2. The
attorney general shall provide legal services to the board.
Sec. 16. Minnesota Statutes 1994, section 256B.0644, is
amended to read:
256B.0644 [PARTICIPATION REQUIRED FOR REIMBURSEMENT UNDER
OTHER STATE HEALTH CARE PROGRAMS.]
A vendor of medical care, as defined in section 256B.02,
subdivision 7, and a health maintenance organization, as defined
in chapter 62D, must participate as a provider or contractor in
the medical assistance program, general assistance medical care
program, and MinnesotaCare as a condition of participating as a
provider in health insurance plans and programs or contractor
for state employees established under section 43A.18, the public
employees insurance plan program under section 43A.316, for
health insurance plans offered to local statutory or home rule
charter city, county, and school district employees, the
workers' compensation system under section 176.135, and
insurance plans provided through the Minnesota comprehensive
health association under sections 62E.01 to 62E.16. The
limitations on insurance plans offered to local government
employees shall not be applicable in geographic areas where
provider participation is limited by managed care contracts with
the department of human services. For providers other than
health maintenance organizations, participation in the medical
assistance program means that (1) the provider accepts new
medical assistance, general assistance medical care, and
MinnesotaCare patients or (2) at least 20 percent of the
provider's patients are covered by medical assistance, general
assistance medical care, and MinnesotaCare as their primary
source of coverage. The commissioner shall establish
participation requirements for health maintenance
organizations. The commissioner shall provide lists of
participating medical assistance providers on a quarterly basis
to the commissioner of employee relations, the commissioner of
labor and industry, and the commissioner of commerce. Each of
the commissioners shall develop and implement procedures to
exclude as participating providers in the program or programs
under their jurisdiction those providers who do not participate
in the medical assistance program. The commissioner of employee
relations shall implement this section through contracts with
participating health and dental carriers.
Sec. 17. Minnesota Statutes 1994, section 356.87, is
amended to read:
356.87 [HEALTH INSURANCE WITHHOLDING.]
Upon authorization of a person entitled to receive a
retirement annuity, disability benefit or survivor benefit, the
executive director of a public pension fund listed in section
356.20, subdivision 2, shall withhold health insurance premium
amounts from the retirement annuity, disability benefit or
survivor benefit, and pay the premium amounts to the public
employees insurance plan program. The public employees
insurance plan program shall reimburse a public pension fund for
the administrative expense of withholding the premium amounts
and shall assume liability for the failure of a public pension
fund to properly withhold the premium amounts.
ARTICLE 11
EFFICIENT OPERATION OF STATE AGENCIES
Section 1. Minnesota Statutes 1994, section 16A.055, is
amended by adding a subdivision to read:
Subd. 6. [MISSION; EFFICIENCY.] It is part of the
department's mission that within the department's resources the
commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) include specific objectives in the performance report
required under section 15.91 to increase the efficiency of
agency operations, when appropriate; and
(7) recommend to the legislature, in the performance report
of the department required under section 15.91, appropriate
changes in law necessary to carry out the mission of the
department.
Sec. 2. Minnesota Statutes 1994, section 16B.04, is
amended by adding a subdivision to read:
Subd. 4. [MISSION; EFFICIENCY.] It is part of the
department's mission that within the department's resources the
commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) include specific objectives in the performance report
required under section 15.91 to increase the efficiency of
agency operations, when appropriate; and
(7) recommend to the legislature, in the performance report
of the department required under section 15.91, appropriate
changes in law necessary to carry out the mission of the
department.
Sec. 3. Minnesota Statutes 1994, section 17.03, is amended
by adding a subdivision to read:
Subd. 11. [MISSION; EFFICIENCY.] It is part of the
department's mission that within the department's resources the
commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) include specific objectives in the performance report
required under section 15.91 to increase the efficiency of
agency operations, when appropriate; and
(7) recommend to the legislature, in the performance report
of the department required under section 15.91, appropriate
changes in law necessary to carry out the mission of the
department.
Sec. 4. Minnesota Statutes 1994, section 43A.04, is
amended by adding a subdivision to read:
Subd. 1a. [MISSION; EFFICIENCY.] It is part of the
department's mission that within the department's resources the
commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) include specific objectives in the performance report
required under section 15.91 to increase the efficiency of
agency operations, when appropriate; and
(7) recommend to the legislature, in the performance report
of the department required under section 15.91, appropriate
changes in law necessary to carry out the mission of the
department.
Sec. 5. Minnesota Statutes 1994, section 45.012, is
amended to read:
45.012 [COMMISSIONER.]
(a) The department of commerce is under the supervision and
control of the commissioner of commerce. The commissioner is
appointed by the governor in the manner provided by section
15.06.
(b) Data that is received by the commissioner or the
commissioner's designee by virtue of membership or participation
in an association, group, or organization that is not otherwise
subject to chapter 13 is confidential or protected nonpublic
data but may be shared with the department employees as the
commissioner considers appropriate. The commissioner may
release the data to any person, agency, or the public if the
commissioner determines that the access will aid the law
enforcement process, promote public health or safety, or dispel
widespread rumor or unrest.
(c) It is part of the department's mission that within the
department's resources the commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) include specific objectives in the performance report
required under section 15.91 to increase the efficiency of
agency operations, when appropriate; and
(7) recommend to the legislature, in the performance report
of the department required under section 15.91, appropriate
changes in law necessary to carry out the mission of the
department.
Sec. 6. Minnesota Statutes 1994, section 84.027, is
amended by adding a subdivision to read:
Subd. 14. [MISSION; EFFICIENCY.] It is part of the
department's mission that within the department's resources the
commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) include specific objectives in the performance report
required under section 15.91 to increase the efficiency of
agency operations when appropriate; and
(7) recommend to the legislature, in the performance report
of the department required under section 15.91, appropriate
changes in law necessary to carry out the mission of the
department.
Sec. 7. Minnesota Statutes 1994, section 116.03, is
amended by adding a subdivision to read:
Subd. 2a. [MISSION; EFFICIENCY.] It is part of the
agency's mission that within the agency's resources the
commissioner and the members of the agency shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the agency as
efficiently as possible;
(3) coordinate the agency's activities wherever appropriate
with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) include specific objectives in the performance report
required under section 15.91 to increase the efficiency of
agency operations, when appropriate; and
(7) recommend to the legislature, in the performance report
of the agency required under section 15.91, appropriate changes
in law necessary to carry out the mission of the agency.
Sec. 8. Minnesota Statutes 1994, section 116J.011, is
amended to read:
116J.011 [MISSION.]
The mission of the department of trade and economic
development is to employ all of the available state government
resources to facilitate an economic environment that produces
net new job growth in excess of the national average and to
increase nonresident and resident tourism revenues. It is part
of the department's mission that within the department's
resources the commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) include specific objectives in the performance report
required under section 15.91 to increase the efficiency of
agency operations, when appropriate; and
(7) recommend to the legislature, in the performance report
of the department required under section 15.91, appropriate
changes in law necessary to carry out the mission of the
department.
Sec. 9. Minnesota Statutes 1994, section 120.0111, is
amended to read:
120.0111 [MISSION STATEMENT.]
The mission of public education in Minnesota, a system for
lifelong learning, is to ensure individual academic achievement,
an informed citizenry, and a highly productive work force. This
system focuses on the learner, promotes and values diversity,
provides participatory decision-making, ensures accountability,
models democratic principles, creates and sustains a climate for
change, provides personalized learning environments, encourages
learners to reach their maximum potential, and integrates and
coordinates human services for learners. It is part of the
department's mission that within the department's resources the
commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) include specific objectives in the performance report
required under section 15.91 to increase the efficiency of
agency operations, when appropriate; and
(7) recommend to the legislature, in the performance report
of the department required under section 15.91, appropriate
changes in law necessary to carry out the mission of the
department.
Sec. 10. Minnesota Statutes 1994, section 135A.052,
subdivision 1, is amended to read:
Subdivision 1. [STATEMENT OF MISSIONS.] The legislature
recognizes each public post-secondary system to have a
distinctive mission within the overall provision of public
higher education in the state and a responsibility to cooperate
with the other systems. These missions are as follows:
(1) the technical college system shall offer vocational
training and education to prepare students for skilled
occupations that do not require a baccalaureate degree;
(2) the community college system shall offer lower division
instruction in academic programs, occupational programs in which
all credits earned will be accepted for transfer to a
baccalaureate degree in the same field of study, and remedial
studies, for students transferring to baccalaureate institutions
and for those seeking associate degrees;
(3) the state university system shall offer undergraduate
and graduate instruction through the master's degree, including
specialist certificates, in the liberal arts and sciences and
professional education; and
(4) the University of Minnesota shall offer undergraduate,
graduate, and professional instruction through the doctoral
degree, and shall be the primary state supported academic agency
for research and extension services.
It is part of the mission of each system that within the
system's resources the system's governing board and chancellor
or president shall endeavor to:
(a) prevent the waste or unnecessary spending of public
money;
(b) use innovative fiscal and human resource practices to
manage the state's resources and operate the system as
efficiently as possible;
(c) coordinate the system's activities wherever appropriate
with the activities of other systems and governmental agencies;
(d) use technology where appropriate to increase system
productivity, improve customer service, increase public access
to information about the system, and increase public
participation in the business of the system;
(e) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A; and
(f) recommend to the legislature appropriate changes in law
necessary to carry out the mission of the system.
Sec. 11. Minnesota Statutes 1994, section 144.05, is
amended to read:
144.05 [GENERAL DUTIES OF COMMISSIONER; REPORTS.]
Subdivision 1. [GENERAL DUTIES.] The state commissioner of
health shall have general authority as the state's official
health agency and shall be responsible for the development and
maintenance of an organized system of programs and services for
protecting, maintaining, and improving the health of the
citizens. This authority shall include but not be limited to
the following:
(a) Conduct studies and investigations, collect and analyze
health and vital data, and identify and describe health
problems;
(b) Plan, facilitate, coordinate, provide, and support the
organization of services for the prevention and control of
illness and disease and the limitation of disabilities resulting
therefrom;
(c) Establish and enforce health standards for the
protection and the promotion of the public's health such as
quality of health services, reporting of disease, regulation of
health facilities, environmental health hazards and personnel;
(d) Affect the quality of public health and general health
care services by providing consultation and technical training
for health professionals and paraprofessionals;
(e) Promote personal health by conducting general health
education programs and disseminating health information;
(f) Coordinate and integrate local, state and federal
programs and services affecting the public's health;
(g) Continually assess and evaluate the effectiveness and
efficiency of health service systems and public health
programming efforts in the state; and
(h) Advise the governor and legislature on matters relating
to the public's health.
Subd. 2. [MISSION; EFFICIENCY.] It is part of the
department's mission that within the department's resources the
commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) include specific objectives in the performance report
required under section 15.91 to increase the efficiency of
agency operations, when appropriate; and
(7) recommend to the legislature, in the performance report
of the department required under section 15.91, appropriate
changes in law necessary to carry out the mission of the
department.
Sec. 12. Minnesota Statutes 1994, section 174.02, is
amended by adding a subdivision to read:
Subd. 1a. [MISSION; EFFICIENCY.] It is part of the
department's mission that within the department's resources the
commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) include specific objectives in the performance report
required under section 15.91 to increase the efficiency of
agency operations, when appropriate; and
(7) recommend to the legislature, in the performance report
of the department required under section 15.91, appropriate
changes in law necessary to carry out the mission of the
department.
Sec. 13. Minnesota Statutes 1994, section 175.001, is
amended by adding a subdivision to read:
Subd. 6. [MISSION; EFFICIENCY.] It is part of the
department's mission that within the department's resources the
commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) include specific objectives in the performance report
required under section 15.91 to increase the efficiency of
agency operations, when appropriate; and
(7) recommend to the legislature, in the performance report
of the department required under section 15.91, appropriate
changes in law necessary to carry out the mission of the
department.
Sec. 14. Minnesota Statutes 1994, section 190.09, is
amended to read:
190.09 [POWERS, DUTIES.]
Subdivision 1. [DUTIES OF THE OFFICE.] The adjutant
general shall be the chief of staff to the commander-in-chief
and the administrative head of the military department. The
adjutant general shall have an office in the capitol and keep it
open during the usual business hours.
The adjutant general shall have custody of all military
records, correspondence, and other military documents. The
adjutant general shall be the medium of military correspondence
with the governor and perform all other duties pertaining to
that office prescribed by law. The adjutant general shall make
an annual report to the governor, at such time as the governor
may require, of all the transactions of the military affairs
department, setting forth the number, strength and condition of
the national guard, and such other matters as deemed important
and shall make and transmit to the federal government the
returns required by the laws of the United States. The adjutant
general shall, whenever necessary, cause the military code,
orders and rules of the state to be printed and distributed to
the commissioned officers and the several organizations of the
national guard and shall cause to be prepared and issued all
necessary books, blanks and notices required to carry into full
effect the provisions of the military code. All such books and
blanks shall be and remain the property of the state.
The seal now used in the office of the adjutant general
shall be the seal of that office and shall be delivered to the
successor in that office. All orders issued from the adjutant
general's office shall be authenticated with that seal. The
adjutant general shall attest all commissions issued to military
officers. The adjutant general will superintend the preparation
of all returns and reports required by the United States from
the state on military matters.
The adjutant general shall designate an assistant adjutant
general to serve as deputy adjutant general to perform the
duties of the adjutant general during periods when the adjutant
general is absent or unable to perform that officer's duties.
In the absence of all of the above, the senior officer of the
national guard, shall perform the duties prescribed for the
adjutant general.
The flags and colors carried by Minnesota troops in the
Civil War, Indian Wars, Spanish-American War, Mexican Border
Campaign, the first World War, and subsequent wars shall be
preserved in the capitol under the especial care of the adjutant
general. They shall be suitably encased and marked, and, so far
as the adjutant general may deem it consistent with their
safety, shall at all times be publicly displayed.
Subd. 2. [MISSION; EFFICIENCY.] It is part of the
department's mission that within the department's resources the
adjutant general shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) include specific objectives in the performance report
required under section 15.91 to increase the efficiency of
agency operations, when appropriate; and
(7) recommend to the legislature, in the performance report
of the department required under section 15.91, appropriate
changes in law necessary to carry out the mission of the
department.
Sec. 15. Minnesota Statutes 1994, section 196.05, is
amended to read:
196.05 [DUTIES OF COMMISSIONER.]
Subdivision 1. [GENERAL DUTIES.] The commissioner shall:
(1) act as the agent of a resident of the state having a
claim against the United States for benefits arising out of or
by reason of service in the armed forces and prosecute the claim
without charge;
(2) act as custodian of veterans' bonus records;
(3) administer the laws relating to the providing of bronze
flag holders at veterans' graves for memorial purposes;
(4) administer the laws relating to recreational or rest
camps for veterans so far as applicable to state agencies;
(5) administer the state soldiers' assistance fund and
veterans' relief fund and other funds appropriated for the
payment of bonuses or other benefits to veterans or for the
rehabilitation of veterans;
(6) cooperate with national, state, county, municipal, and
private social agencies in securing to veterans and their
dependents the benefits provided by national, state, and county
laws, municipal ordinances, or public and private social
agencies;
(7) provide necessary assistance where other adequate aid
is not available to the dependent family of a veteran while the
veteran is hospitalized and after the veteran is released for as
long a period as is necessary as determined by the commissioner;
(8) act as the guardian of the estate for a minor or an
incompetent person receiving money from the United States
government when requested to do so by an agency of the United
States of America provided sufficient personnel are available;
(9) cooperate with United States governmental agencies
providing compensation, pensions, insurance, or other benefits
provided by federal law, by supplementing the benefits
prescribed therein, when conditions in an individual case make
it necessary;
(10) assist in implementing state laws, rights, and
privileges relating to the reemployment of veterans upon their
separation from the armed forces;
(11) contact, at times as the commissioner deems proper,
war veterans, as defined in section 197.447, who are confined in
a public institution; investigate the treatment accorded those
veterans and report annually to the governor the results of the
investigations; and the heads of the public institutions shall
permit the commissioner, or the commissioner's representative,
to visit any veteran; and, if the commissioner, or the
commissioner's representative requests any information relative
to any veteran and the veteran's affairs, the head of the
institution shall furnish it;
(12) assist dependent family members of military personnel
who are called from reserve status to extended federal active
duty during a time of war or national emergency through the
state soldiers' assistance fund provided by section 197.03; and
(13) exercise other powers as may be authorized and
necessary to carry out the provisions of this chapter and
chapters 197 and 198, consistent with those chapters.
Subd. 2. [MISSION; EFFICIENCY.] It is part of the
department's mission that within the department's resources the
commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) include specific objectives in the performance report
required under section 15.91 to increase the efficiency of
agency operations, when appropriate; and
(7) recommend to the legislature, in the performance report
of the department required under section 15.91, appropriate
changes in law necessary to carry out the mission of the
department.
Sec. 16. Minnesota Statutes 1994, section 216A.07, is
amended by adding a subdivision to read:
Subd. 6. [MISSION; EFFICIENCY.] It is part of the
department's mission that within the department's resources the
commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) include specific objectives in the performance report
required under section 15.91 to increase the efficiency of
agency operations, when appropriate; and
(7) recommend to the legislature, in the performance report
of the department required under section 15.91, appropriate
changes in law necessary to carry out the mission of the
department.
Sec. 17. Minnesota Statutes 1994, section 241.01, is
amended by adding a subdivision to read:
Subd. 3b. [MISSION; EFFICIENCY.] It is part of the
department's mission that within the department's resources the
commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve service to the public, increase public
access to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) include specific objectives in the performance report
required under section 15.91 to increase the efficiency of
agency operations, when appropriate; and
(7) recommend to the legislature, in the performance report
of the department required under section 15.91, appropriate
changes in law necessary to carry out the mission of the
department.
Sec. 18. Minnesota Statutes 1994, section 245.03, is
amended to read:
245.03 [DEPARTMENT OF HUMAN SERVICES ESTABLISHED;
COMMISSIONER.]
Subdivision 1. [ESTABLISHMENT.] There is created a
department of human services. A commissioner of human services
shall be appointed by the governor under the provisions of
section 15.06. The commissioner shall be selected on the basis
of ability and experience in welfare and without regard to
political affiliations. The commissioner shall appoint a deputy
commissioner.
Subd. 2. [MISSION; EFFICIENCY.] It is part of the
department's mission that within the department's resources the
commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) include specific objectives in the performance report
required under section 15.91 to increase the efficiency of
agency operations, when appropriate; and
(7) recommend to the legislature, in the performance report
of the department required under section 15.91, appropriate
changes in law necessary to carry out the mission of the
department.
Sec. 19. Minnesota Statutes 1994, section 268.0122, is
amended by adding a subdivision to read:
Subd. 6. [MISSION; EFFICIENCY.] It is part of the
department's mission that within the department's resources the
commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) include specific objectives in the performance report
required under section 15.91 to increase the efficiency of
agency operations, when appropriate; and
(7) recommend to the legislature, in the performance report
of the department required under section 15.91, appropriate
changes in law necessary to carry out the mission of the
department.
Sec. 20. Minnesota Statutes 1994, section 270.02, is
amended by adding a subdivision to read:
Subd. 3a. [MISSION; EFFICIENCY.] It is part of the
department's mission that within the department's resources the
commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) include specific objectives in the performance report
required under section 15.91 to increase the efficiency of
agency operations, when appropriate; and
(7) recommend to the legislature, in the performance report
of the department required under section 15.91, appropriate
changes in law necessary to carry out the mission of the
department.
Sec. 21. Minnesota Statutes 1994, section 299A.01, is
amended by adding a subdivision to read:
Subd. 1a. [MISSION; EFFICIENCY.] It is part of the
department's mission that within the department's resources the
commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) include specific objectives in the performance report
required under section 15.91 to increase the efficiency of
agency operations, when appropriate; and
(7) recommend to the legislature, in the performance report
of the department required under section 15.91, appropriate
changes in law necessary to carry out the mission of the
department.
Sec. 22. Minnesota Statutes 1994, section 363.05, is
amended by adding a subdivision to read:
Subd. 3. [MISSION; EFFICIENCY.] It is part of the
department's mission that within the department's resources the
commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) include specific objectives in the performance report
required under section 15.91 to increase the efficiency of
agency operations, when appropriate; and
(7) recommend to the legislature, in the performance report
of the department required under section 15.91, appropriate
changes in law necessary to carry out the mission of the
department.
ARTICLE 12
CIVIL SERVICE PILOT PROJECT
Section 1. [HOUSING FINANCE AGENCY PILOT PROJECT.]
Subdivision 1. [WAIVER.] In addition to the waiver
provisions in Laws 1993, chapter 301, Minnesota Statutes,
sections 43A.07, 43A.10, 43A.12 to 43A.15, 43A.17, 43A.18, and
43A.20, are waived to the extent necessary to implement the
civil service pilot project in the housing finance agency as
authorized by Laws 1993, chapter 301. If a proposed waiver of
any section of Minnesota Statutes, chapter 43A, would violate
the terms of a collective bargaining agreement reached under
Minnesota Statutes, chapter 179A, the waiver may not be granted
without the consent of the exclusive representative that is a
party to the agreement.
Subd. 2. [UNREPRESENTED EMPLOYEES.] The salaries of
unrepresented employees of the housing finance agency must be
administered according to the provisions of a salary plan
developed by the commissioner of the housing finance agency and
approved by the commissioner of employee relations. The salary
plan must be approved under Minnesota Statutes, section 3.855,
subdivision 3, before being implemented.
Sec. 2. [TERMINATION.]
Section 1 and the civil service pilot project in the
housing finance agency as authorized by Laws 1993, chapter 301,
terminate June 30, 1997, or at any earlier time by a method
agreed upon by the commissioners of employee relations and
housing finance and the affected exclusive bargaining
representative of state employees.
Sec. 3. [EFFECTIVE DATE.]
Sections 1 and 2 are effective July 1, 1995.
ARTICLE 13
PILOT PROJECTS
Section 1. [PURPOSE.]
The purpose of this article is to make government work
better and cost less. To accomplish this purpose, this article
creates incentives for state and local employees to act in a
manner that provides the best and most efficient services to the
public. This article also removes barriers that currently
discourage state and local agencies from taking innovative
approaches to improving services and achieving cost savings.
Sec. 2. [HUMAN RESOURCES SYSTEM.]
Subdivision 1. [POLICY.] The legislature reaffirms its
commitment to an efficient and effective merit-based human
resources system that meets the management needs of the state
and that meets the program needs of the people of the state.
The purpose of this article is to establish a process to ensure
the continuation of merit-based principles, while removing rules
and procedures that cause unnecessary inefficiencies in the
state human resources system.
Subd. 2. [PILOT PROJECT.] During the biennium ending June
30, 1997, the governor shall designate an executive agency that
will conduct a pilot civil service project. The pilot program
must adhere to the policies expressed in subdivision 1 and in
Minnesota Statutes, section 43A.01. For the purposes of
conducting the pilot project, the commissioner of the designated
agency is exempt from the provisions that relate to employment
in Minnesota Statutes, chapter 43A, Minnesota Rules, chapter
3900, and administrative procedures and policies of the
department of employee relations. If a proposed exemption from
the provisions that relate to employment in Minnesota Statutes,
chapter 43A, Minnesota Rules, chapter 3900, and administrative
procedures and policies of the department of employee relations
would violate the terms of a collective bargaining agreement
effective under Minnesota Statutes, chapter 179A, the exemption
is not effective without the consent of the exclusive
representative that is a party to the agreement. Upon request
of the commissioner carrying out the pilot project, the
commissioner of employee relations shall provide technical
assistance in support of the pilot project. This section does
not exempt an agency from compliance with Minnesota Statutes,
sections 43A.19 and 43A.191, or from rules adopted to implement
those sections.
Subd. 3. [EVALUATION.] The commissioner of employee
relations, in consultation with the agency selected in
subdivision 2, shall design and implement a system for
evaluating the success of the pilot project in subdivision 2.
The system specifically must:
(1) evaluate the extent to which the agency has been
successful in maintaining a merit-based human resources system
in the absence of the traditional civil service rules and
procedures;
(2) quantify time and money saved in the hiring process
under the pilot project as compared to hiring under the
traditional rules and procedures; and
(3) document the extent of complaints or problems arising
under the new system.
The agency involved in the pilot project under this section
and the department of employee relations must report to the
legislature by October 1, 1996, and October 1, 1997, on the
progress and results of the project. The report must include at
least the elements required in this subdivision, and must also
make recommendations for legislative changes needed to ensure
the state will have the most efficient and effective merit-based
human resources system possible.
Subd. 4. [WORKING GROUP.] The governor shall appoint a
stakeholder working group to advise the agency selected in
subdivision 2 and the commissioner of employee relations on
implementation of the pilot project under this section. The
group shall include not more than 15 people, and must include:
(1) not more than five representatives of management of the
agency selected for the pilot project;
(2) not more than five representatives of exclusive
representatives of the agency selected by the pilot project,
chosen by the exclusive representatives, provided that the
number of representatives under this clause may not be less than
the number of management representatives under clause (1);
(3) up to three representatives of customers of the
services provided by the agency selected for the pilot project;
and
(4) up to two representatives of nonprofit citizens'
organizations devoted to the study and improvement of government
services.
Subd. 5. [PILOT PROJECT.] During the biennium ending June
30, 1997, the human resources innovation committee established
under Laws 1993, chapter 301, section 1, subdivision 6, shall
designate state job classifications to be included in a pilot
project. Under this pilot project: (1) resumes of applicants
for positions to be filled through a competitive open process
will be evaluated through an objective computerized system that
will identify which applicants have the required skills; and (2)
information on applicants determined to have required skills
will be forwarded to the agency seeking to fill a vacancy,
without ranking these applicants, and without a limit on the
number of applicants that may be forwarded to the hiring
agency. Laws or rules that govern examination, ranking of
eligibles, and certification of eligibles for competitive open
positions do not apply to those job classifications included in
the pilot project. Before designating a job classification
under this subdivision, the committee must assure that the
hiring process for those job classifications complies with the
policies in subdivision 1.
Subd. 6. [EVALUATION.] The commissioner of employee
relations, in consultation with the human resources innovation
committee, shall design and implement a system for evaluating
the success of the pilot project in subdivision 5. By October
1, 1996, and October 1, 1997, the commissioner must report to
the legislature on the pilot project. The report must:
(1) list job classifications subject to the pilot project,
and the number of positions filled under these job classes;
(2) evaluate the extent to which the project has been
successful in maintaining a merit-based system in the absence of
traditional civil service laws and rules;
(3) quantify time and money saved in the hiring process
under the pilot project, as compared to hiring under the
traditional laws and rules;
(4) document the extent of complaints or problems arising
under the new system; and
(5) recommend any changes in laws or rules needed to make
permanent the successes of the pilot project.
Subd. 7. [EXTENSION.] Laws 1993, chapter 301, section 1,
subdivision 6, is not repealed until June 30, 1997.
Subd. 8. [REPEALER.] Minnesota Rules, parts 3900.0100 to
3900.4700 and 3900.6100 to 3900.9100, and all administrative
procedures of the department of employee relations that control
the manner in which state agencies hire employees, are repealed
on June 30, 1999.
Sec. 3. [GAINSHARING.]
Subdivision 1. [FINDINGS.] The legislature recognizes
state employees as crucial resources in providing effective and
efficient government services to the people of Minnesota. The
legislature believes that state employees should benefit from
successful efforts they make to improve government efficiency
and effectiveness. Efforts to improve government efficiency and
effectiveness include, but are not limited to, reductions in
unnecessary paperwork, repeal of unnecessary state, federal, and
local regulations, and reductions in unnecessary staff.
Subd. 2. [PILOT PROJECT.] During the biennium ending June
30, 1997, the department of employee relations must implement a
system of incentives including economic incentives for
unrepresented employees for employees in the department. The
system must be approved by the commissioner of finance before
being implemented. The system must have the following
characteristics:
(1) it must provide nonmanagerial unrepresented employees
within the agency the possibility of earning economic rewards by
suggesting changes in operation of the department's programs;
(2) it must provide nonmanagerial represented employees
within the agency the possibility of receiving individual
economic rewards, if provided in a collective bargaining
agreement, for suggesting changes in the operation of the
department's programs;
(3) it must provide groups of nonmanagerial represented
employees within the agency the possibility of receiving group
rewards in the form of training opportunities, filling of
unfilled employee complement, or other resources that benefit
overall group performance;
(4) any economic awards must be based on changes in
operations suggested by nonmanagerial employees that result in
objectively measurable cost savings of at least $25,000 or
significant and objectively measurable efficiencies in services
that the agency provides to its customers or clients, without
decreasing the quality of these services;
(5) awards must be a minimum of $500 up to a maximum of
$2,500 per year to unrepresented nonmanagerial employees who
were instrumental in identifying and implementing the efficiency
and cost-saving measures;
(6) an "efficiency savings account" must be created within
each fund that is used to provide money for department
services. Each account consists of money saved directly as a
result of initiatives under this section. Any awards under this
article must be paid from money in an efficiency savings
account. One-half of the money in the account may be used for
awards under this section, and the remainder must be returned to
the fund from which the money was appropriated;
(7) no award shall be given except upon approval of a team
comprised of equal numbers of management and nonmanagement
employees selected by the commissioner of employee relations
from state employees outside of the department; and
(8) the economic awards granted to unrepresented employees
must be one-time awards, and must not add to the base salary of
employees.
Subd. 3. [REPORTING.] The department of employee relations
must report to the legislature on October 1, 1996, and October
1, 1997, on the progress and results of the incentive programs
under this section. The reports must include:
(1) a description of the measurable cost savings and
in-agency services that were used as the basis for rewards; and
(2) a list of the number and amount of awards granted.
Sec. 4. [PROCUREMENT.]
Subdivision 1. [PURPOSE.] The primary purpose of the laws
governing state contracting is to ensure that state agencies
obtain high quality goods and services at the least cost and in
the most efficient and effective manner. The purpose of this
section is to establish a process to ensure that agencies obtain
goods and services in this manner, while removing rules and
procedures that cause unnecessary inefficiencies in the
purchasing system.
Subd. 2. [PILOT PROJECT.] Notwithstanding any law to the
contrary, the governor shall designate an executive agency that,
during the biennium ending June 30, 1997, is exempt from any
law, rule, or administrative procedure that requires approval of
the commissioner of administration before an agency enters into
a contract. The agency selected in this subdivision must
establish a process for obtaining goods and services that
complies with the policies in subdivision 1. The process must
include guidelines to prevent conflicts of interest for agency
employees involved in developing bid specifications or
proposals, evaluating bids or proposals, entering into
contracts, or evaluating the performance of a contractor. The
guidelines must attempt to ensure that such an employee:
(1) does not have any financial interest in and does not
personally benefit from the contract;
(2) does not accept from a contractor or bidder any
promise, obligation, contract for future reward, or gift, other
than an item of nominal value; and
(3) does not appear to have a conflict of interest because
of a family or close personal relationship to a contractor or
bidder, or because of a past employment or business relationship
with a contractor or bidder.
Upon request of the agency, the department of
administration shall provide the agency technical assistance in
designing such a process.
Subd. 3. [EVALUATION.] The commissioner of administration,
in consultation with the agency selected in subdivision 2, shall
design and implement a system for evaluating the success of the
pilot project in subdivision 2. The system specifically must:
(1) evaluate the extent to which the agency has been
successful in obtaining high quality goods and services at the
least cost in the absence of the traditional checks placed on
agencies by laws, rules, and procedures administered by the
commissioner of administration;
(2) quantify time and money saved in the procurement
process under the pilot project as compared to purchasing goods
and services under the traditional rules and procedures; and
(3) document the extent of complaints or problems arising
under the new system.
The agency involved in the pilot project under this section
and the commissioner of administration must report to the
legislature by October 1, 1996, and October 1, 1997, on the
progress and results of the project. The reports must include
at least the elements required in clauses (1) to (3) and must
also make recommendations for legislative changes needed to
ensure that the state will have the most efficient and effective
system possible for purchasing goods and services.
Sec. 5. [EFFECTIVE DATE.]
This article is effective on the day following final
enactment.
ARTICLE 14
PRESERVATION OF COLLECTIVE BARGAINING
Section 1. [POLICY.]
Nothing in article 13 authorizes the unilateral
modification or abrogation of a right under a collective
bargaining agreement. The legislature affirmatively encourages
state agencies and bargaining units, when negotiating future
agreements, to allow for participation in pilot projects that
foster innovation, creativity, and productivity within the state
human resource system and within individual agencies,
departments, or units thereof.
Sec. 2. [STUDY.]
The legislative coordinating commission or another
legislative commission designated by the legislative
coordinating commission shall study issues related to
determination of which public employees are supervisory and
confidential employees, as discussed in recent appellate court
decisions involving employees in McLeod and Scott counties. The
commission shall determine what changes are needed in procedures
or rules of the bureau of mediation services, or in legislation,
to maintain an appropriate balance in the determination of which
employees are confidential and supervisory employees under
Minnesota Statutes, chapter 179A. The commission shall report
conclusions and recommendations to the legislature by February
1, 1996.
Sec. 3. [EFFECTIVE DATE.]
This article is effective on the day following final
enactment.
ARTICLE 15
UNIVERSITY OF MINNESOTA
Section 1. [UNIVERSITY OF MINNESOTA CONTRACTING.]
Notwithstanding any law to the contrary, the governor shall
designate one executive agency that will work with the
University of Minnesota to develop more efficient and effective
procedures for state agencies to contract with the University of
Minnesota. Consideration shall be given to using a single
agency and a single set of administrative procedures for all
state contracting with the University. As part of its 1998-1999
biennial budget request, the University of Minnesota shall
include measures demonstrating the efficiency gained through
these procedures and any recommendations for further
improvements.
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective on the day following final enactment.
ARTICLE 16
BOARD OF INNOVATION
Section 1. [465.7971] [WAIVERS OF STATE RULES; POLICIES.]
Subdivision 1. [APPLICATION.] A state agency may apply to
the board for a waiver from: (1) an administrative rule or
policy adopted by the department of employee relations that
deals with the state personnel system; (2) an administrative
rule or policy of the department of administration that deals
with the state procurement system; or (3) a policy of the
department of finance that deals with the state accounting
system. Two or more state agencies may submit a joint
application. A waiver application must identify the rule or
policy at issue, and must describe the improved outcome sought
through the waiver.
Subd. 2. [REVIEW PROCESS.] (a) The board shall review all
applications submitted under this section. The board shall
dismiss an application if it finds that the application proposes
a waiver that would result in due process violations, violations
of federal law or the state or federal constitution, or the loss
of services to people who are entitled to them. If a proposed
waiver would violate the terms of a collective bargaining
agreement effective under chapter 179A, the waiver is not
effective without the consent of the exclusive representative
that is a party to the agreement. The board may approve a
waiver only if the board determines that if the waiver is
granted: (1) services can be provided in a more efficient or
effective manner; and (2) services related to human resources
must be provided in a manner consistent with the policies
expressed in article 13, section 2, and in section 43A.01 and
services related to procurement must be provided in a manner
consistent with the policies expressed in article 13, section 4.
In the case of a waiver from a policy of the department of
finance, the board may approve the waiver only if it determines
that services will be provided in a more efficient or effective
manner and that state funds will be adequately accounted for and
safeguarded in a manner that complies with generally accepted
government accounting principles.
(b) Within 15 days of receipt of the application, the board
shall send a copy of the application to: (1) the agency whose
rule or policy is involved; and (2) all exclusive
representatives who represent employees of the agency requesting
the waiver. The agency whose rule or policy is involved may
mail a copy of the application to all persons who have
registered with the agency under section 14.14, subdivision 1a.
(c) The agency whose rule or policy is involved or an
exclusive representative shall notify the board of its agreement
with or objection to and grounds for objection to the waiver
within 60 days of the date when the application was transmitted
to the agency or the exclusive representative. An agency's or
exclusive representative's failure to do so is considered
agreement to the waiver.
(d) If the agency or the exclusive representative objects
to the waiver, the board shall schedule a meeting at which the
agency requesting the waiver may present its case for the waiver
and the objecting party may respond. The board shall decide
whether to grant a waiver at its next regularly scheduled
meeting following its receipt of an agency's response, or the
end of the 60-day response period, whichever occurs first. If
consideration of an application is not concluded at the meeting,
the matter may be carried over to the next meeting of the
board. Interested persons may submit written comments to the
board on the waiver request.
(e) If the board grants a request for a waiver, the board
and the agency requesting the waiver shall enter into an
agreement relating to the outcomes desired as a result of the
waiver and the means of measurement to determine whether those
outcomes have been achieved with the waiver. The agreement must
specify the duration of the waiver, which must be for at least
two years and not more than four years. If the board determines
that an agency to which a waiver is granted is failing to comply
with the terms of the agreement, the board may rescind the
agreement.
Subd. 3. [BOARD.] For purposes of evaluating waiver
requests involving rules or policies of the department of
administration, the chief administrative law judge shall appoint
a third administrative law judge to replace the commissioner of
administration on the board.
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective the day following final enactment.
ARTICLE 17
LOCAL GOVERNMENT
Section 1. Minnesota Statutes 1994, section 256B.056, is
amended by adding a subdivision to read:
Subd. 4a. [ASSET VERIFICATION.] For purposes of
verification, the value of a life estate shall be considered not
saleable unless the owner of the remainder interest intends to
purchase the life estate, or the owner of the life estate and
the owner of the remainder sell the entire property.
Sec. 2. Minnesota Statutes 1994, section 256B.056, is
amended by adding a subdivision to read:
Subd. 4b. [INCOME VERIFICATION.] The local agency shall
not require a monthly income verification form for a recipient
who is a resident of a long-term care facility and who has
monthly earned income of $80 or less.
Sec. 3. Minnesota Statutes 1994, section 256B.056, is
amended by adding a subdivision to read:
Subd. 5a. [INDIVIDUALS ON FIXED INCOME.] Recipients of
medical assistance who receive only fixed unearned income, where
such income is unvarying in amount and timing of receipt
throughout the year, shall report and verify their income
annually.
Sec. 4. Minnesota Statutes 1994, section 256B.056, is
amended by adding a subdivision to read:
Subd. 5b. [INDIVIDUALS WITH LOW INCOME.] Recipients of
medical assistance not residing in a long-term care facility who
have slightly fluctuating income which is below the medical
assistance income limit shall report and verify their income on
a semiannual basis.
Sec. 5. Minnesota Statutes 1994, section 256D.405, is
amended by adding a subdivision to read:
Subd. 1a. [EXEMPTION.] Recipients who maintain
supplemental security income eligibility are exempt from the
reporting requirements of subdivision 1, except that the
policies and procedures of transfers of assets are those used by
the medical assistance program under section 256B.0595.
Sec. 6. [RAMSEY CONSTRUCTION CONTRACTS; PILOT PROJECT FOR
ALTERNATIVE PROCUREMENT METHODS.]
Ramsey county may conduct a pilot project for construction
projects under this section. Notwithstanding any other law,
Ramsey county may contract for the acquisition, construction, or
improvement of real property or buildings in a manner determined
by the county board, with or without advertising for bids.
Before proceeding without advertising for bids, the county board
shall, by a vote of at least five board members, make a
determination that an alternative construction procurement
method serves the interest of the public in regard to cost,
speed, and quality of construction. Alternative construction
procurement methods include, but are not limited to: (1) the
solicitation of proposals for construction on a design/build
basis and subsequent negotiation of contract terms; or (2) the
solicitation of proposals for a construction management
agreement which may include a guaranteed maximum price. The
provisions of Minnesota Statutes, section 383A.201, apply to
this section. Each year, before January 15, Ramsey county shall
report on actions taken under this section during the preceding
year to state house and senate legislative committees having
jurisdiction over local government matters. The authority
provided in this section expires December 31, 1997.
Sec. 7. [REPEALER.]
Minnesota Statutes 1994, section 256D.425, subdivision 3,
is repealed.
Sec. 8. [EFFECTIVE DATE.]
Section 6 is effective on the day following final
enactment. Sections 1 to 5 and 7 are effective August 1, 1995.
Section 3 ceases to be effective if a federal agency determines
that implementation of section 3 would cause a loss of federal
funding.
ARTICLE 18
DEADLINE FOR AGENCY ACTION
Section 1. [15.99] [TIME DEADLINE FOR AGENCY ACTION.]
Subdivision 1. [DEFINITION.] For purposes of this section,
"agency" means a department, agency, board, commission, or other
group in the executive branch of state government; a statutory
or home rule charter city, county, town, or school district; any
metropolitan agency or regional entity; and any other political
subdivision of the state.
Subd. 2. [DEADLINE FOR RESPONSE.] Except as otherwise
provided in this section and notwithstanding any other law to
the contrary, an agency must approve or deny within 60 days a
written request relating to zoning, septic systems, or expansion
of the metropolitan urban service area for a permit, license, or
other governmental approval of an action. Failure of an agency
to deny a request within 60 days is approval of the request. If
an agency denies the request, it must state in writing the
reasons for the denial at the time that it denies the request.
Subd. 3. [APPLICATION; EXTENSIONS.] (a) The time limit in
subdivision 2 begins upon the agency's receipt of a written
request containing all information required by law or by a
previously adopted rule, ordinance, or policy of the agency. If
an agency receives a written request that does not contain all
required information, the 60-day limit starts over only if the
agency sends notice within ten business days of receipt of the
request telling the requester what information is missing.
(b) If an action relating to zoning, septic systems, or
expansion of the metropolitan urban service area requires the
approval of more than one state agency in the executive branch,
the 60-day period in subdivision 2 begins to run for all
executive branch agencies on the day a request containing all
required information is received by one state agency. The
agency receiving the request must forward copies to other state
agencies whose approval is required.
(c) An agency response meets the 60-day time limit if the
agency can document that the response was sent within 60 days of
receipt of the written request.
(d) The time limit in subdivision 2 is extended if a state
statute, federal law, or court order requires a process to occur
before the agency acts on the request, and the time periods
prescribed in the state statute, federal law, or court order
make it impossible to act on the request within 60 days. In
cases described in this paragraph, the deadline is extended to
60 days after completion of the last process required in the
applicable statute, law, or order. Final approval of an agency
receiving a request is not considered a process for purposes of
this paragraph.
(e) The time limit in subdivision 2 is extended if: (1) a
request submitted to a state agency requires prior approval of a
federal agency; or (2) an application submitted to a city,
county, town, school district, metropolitan or regional entity,
or other political subdivision requires prior approval of a
state or federal agency. In cases described in this paragraph,
the deadline for agency action is extended to 60 days after the
required prior approval is granted.
(f) An agency may extend the timeline under this
subdivision before the end of the initial 60-day period by
providing written notice of the extension to the applicant. The
notification must state the reasons for the extension and its
anticipated length, which may not exceed 60 days unless approved
by the applicant.
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective July 1, 1995, and applies to any
written request submitted after that date.
ARTICLE 19
STATE AGENCY CUSTOMER SERVICE
Section 1. [15.101] [CUSTOMER SERVICE.]
Subdivision 1. [DEFINITIONS.] For purposes of this section
and section 15.102:
(1) "business license" or "license" has the meaning given
it in section 116J.70, subdivision 2, and also includes licenses
and other forms of approval listed in section 116J.70,
subdivision 2a, clauses (7) and (8), but does not include those
listed in subdivision 2a, clauses (1) to (6);
(2) "customer" means an individual; a small business as
defined in section 645.445, but also including a nonprofit
corporation that otherwise meets the criteria in that section; a
family farm, family farm corporation, or family farm partnership
as defined in section 500.24, subdivision 2; or a political
subdivision as defined in section 3.881, subdivision 2;
(3) "initial agency" means the state agency to which a
customer submits an application for a license or inquires about
submitting an application; and
(4) "responsible agency" means the initial agency or
another state agency that agrees to be designated the
responsible agency.
Subd. 2. [RESPONSIBILITY FOR CUSTOMER NEEDS.] (a) When a
customer applies to a state agency for a license to engage in
activity, the agency is responsible for providing the customer
with information the customer needs from the state to complete
the application, including information on any other agency or
agencies that must take action before the license may be granted
or that must issue a separate license before the customer may
proceed with the activity. The employee of the initial agency
or responsible agency who accepts the customer's application or
inquiry regarding an application shall provide the customer with
the employee's name, title, and work telephone number and shall
inform the customer that the employee will be available to
provide assistance and information as the customer proceeds with
the application and awaits the agency's action on it.
(b) If the responsible agency determines that another state
agency or agencies must act on an application, the responsible
agency shall forward all necessary application forms and other
required information to the other agency or agencies and shall
coordinate with the other agency or agencies in an effort to
assure that all action on the application is completed within
the time specified in section 15.102.
(c) At the request of a customer, the responsible agency
shall prepare a written work plan, which is not a binding
contract, setting out the steps necessary for the customer to
complete the application, the time when the responsible agency
may be expected to take action on the application, the steps the
responsible agency will take to forward an application or
required information to any other state agency or agencies that
must take action, and the process by which the other agency or
agencies may be expected to act. The work plan must include
information on the deadline for agency action under section
15.102 and on the result of agency failure to meet the
deadline. The work plan must be provided to a customer no later
than 20 working days after the customer requested the plan.
Sec. 2. [15.102] [TIME LIMITATION.]
Subdivision 1. [DEADLINE FOR ACTION.] Unless a shorter
period is provided by law, all state agencies that must act on a
customer's application for a license shall take final action on
it within 60 days after the customer's submission of a completed
application to the responsible agency or within 60 days after
the customer has been provided with a work plan under section
15.101, subdivision 2, paragraph (c), whichever is later. If
action on the application is not completed within 60 days, the
license is deemed to be granted. The time period specified in
this subdivision does not begin to run until the customer has
completed any required application in complete, correct form and
has provided any additional required information or
documentation.
Subd. 2. [LONGER TIME LIMITS.] An agency may provide for a
longer time for the conclusion of action on an application, by
itself and by another agency or agencies, if:
(1) the agency states in writing to the customer that a
longer time is needed to protect against serious and significant
harm to the public health, safety, or welfare, states the reason
why, and specifies the additional time needed;
(2) the agency states in writing to the customer that a
longer time is needed to comply with state or federal
requirements, states the requirements, and specifies the
additional time needed; or
(3) an agency that must take action on an application is a
multimember board that meets periodically, in which case the
agency must complete its action within 60 days after its first
meeting after receipt of the application, or within a longer
period established under clause (1) or (2).
Subd. 3. [EXCLUSIONS.] This section does not apply to an
application requiring one or more public hearings or an
environmental impact statement or environmental assessment
worksheet.
Subd. 4. [COMPLIANCE.] When a license is deemed granted
under subdivision 1, this section does not limit the right of an
agency to suspend, limit, revoke, or change a license for
failure of the customer to comply with applicable laws or rules.
Subd. 5. [LIMIT ON REVIEW.] A decision of an agency under
subdivision 2 that a time longer than 60 days is needed to
complete action on an application is not subject to judicial
review.
Sec. 3. [15.103] [OTHER LAW.]
A state agency action that is subject to section 15.99 is
governed by section 15.99 if there is a conflict between that
section and sections 15.101 and 15.102.
Sec. 4. [NO ADDITIONAL RESOURCES.]
During the biennium ending June 30, 1997, agencies shall
comply with sections 1 and 2 with their existing complements and
appropriations.
Presented to the governor May 30, 1995
Signed by the governor June 1, 1995, 11:46 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes