Office of the Revisor of Statutes
Minnesota Session Laws - 1998, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 366-S.F.No. 3354
An act relating to the organization and operation of
state government; appropriating money for the general
administrative expenses of state government; modifying
provisions relating to state government operations;
modifying budget preparation provisions; modifying
agency reporting; providing for certain reimbursement
of the health care access fund; modifying the Debt
Collection Act; requiring free Internet access to
certain state publications; creating the construction
codes advisory council and the livestock industry
environmental steering committee; providing for
consumer education on telemarketing fraud; modifying
lottery provisions; creating a settlement division in
the office of administrative hearings; transferring
the small claims court; amending Minnesota Statutes
1996, sections 3.3005, subdivision 2, and by adding a
subdivision; 4.07, subdivision 3; 14.04; 14.46,
subdivision 4; 15.91, subdivision 2; 16A.055,
subdivision 6; 16A.10, as amended; 16A.11, subdivision
3; 16A.72; 16B.04, subdivision 4; 16D.02, subdivision
3; 16D.04, subdivisions 1 and 4; 16D.06, subdivision
2; 16D.08, subdivision 2; 16D.11, as amended; 16D.14,
subdivisions 2, 3, and 5; 16D.16; 17.03, subdivision
11; 43A.04, subdivision 1a; 43A.17, subdivision 8;
43A.317, subdivision 8; 45.012; 84.027, subdivision
14; 116.03, subdivision 2a; 116J.011; 144.05,
subdivision 2; 174.02, subdivision 1a; 175.001,
subdivision 6; 190.09, subdivision 2; 196.05,
subdivision 2; 216A.07, subdivision 6; 268.0122,
subdivision 6; 270.02, subdivision 3a; 299A.01,
subdivision 1a; 349A.06, by adding a subdivision;
349A.10, subdivision 3; 349A.11; 352D.12; 357.022;
363.05, subdivision 3; and 469.177, subdivision 11;
Minnesota Statutes 1997 Supplement, sections 16A.103,
subdivision 1; 16A.11, subdivision 1; 16E.01,
subdivision 3; 16E.03, subdivisions 1, 3, 4, and 5;
16E.07, subdivision 3; 43A.30, subdivision 5;
120.0111; 241.01, subdivision 3b; 245.03, subdivision
2; 270.063, subdivision 1; 357.021, subdivision 1a;
and 394.232, subdivision 5; proposing coding for new
law in Minnesota Statutes, chapters 16B; 16D; 325G;
and 349A; repealing Minnesota Statutes 1996, section
3.971, subdivision 3; Minnesota Statutes 1997
Supplement, sections 16A.11, subdivisions 3b and 3c;
and 241.015.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [STATE GOVERNMENT APPROPRIATIONS.]
The sums in the columns headed "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified to be available for
the fiscal years indicated for each purpose.
SUMMARY BY FUND
1998 1999
General $ 1,965,000 $ 31,058,000
Special Revenue -0- 15,000
Natural Resources -0- 25,000
Game and Fish -0- 33,000
Trunk Highway -0- 55,000
Lottery Prize -0- 750,000
APPROPRIATIONS
Available for the Year
Ending June 30
1998 1999
Sec. 2. LEGISLATURE 25,000
This appropriation is to the
legislative coordinating commission for
a grant to the Council of State
Governments to organize and fund a
series of meetings between members of
the Minnesota legislature and members
of the Manitoba and Ontario
parliaments. Approximately six members
of each body may attend the meetings.
Meetings may involve all three bodies
or the legislature and one of the
parliaments. The meetings shall be at
the capital cities of the state or of
the provinces.
Sec. 3. ATTORNEY GENERAL -0- 24,100,000
$23,000,000 is for overall core
functions.
$250,000 is for assistance to counties
for felony prosecutions, implied
consent hearings, community
notification of sex offenders, and
commitment of sexually dangerous
persons.
$250,000 is for gaming enforcement.
$500,000 is for legal services to state
agencies.
$100,000 is to educate citizens with
respect to telemarketing fraud, as
provided in new Minnesota Statutes,
section 325G.52.* (The preceding text
beginning "$250,000 is for assistance"
was vetoed by the governor.)
The commissioner of finance and the
attorney general shall convene a joint
executive-legislative task force to
evaluate:
(1) the availability of legal services
from the attorney general's office
necessary to meet the needs of state
government;
(2) the adequacy and suitability of the
current mechanism for funding legal
services;
(3) the appropriateness of billing
rates to cover the cost of legal
services; and
(4) the appropriateness of the current
process for setting billing rates.
In addition to representatives of the
commissioner and the attorney general,
the task force must include
representatives of partner and
nonpartner agencies receiving services
from the office of the attorney
general, legislative fiscal staff
representing committees responsible for
funding the office of the attorney
general, and the office of the
legislative auditor.
By November 15, 1998, the task force
shall report the progress and status of
its evaluation to the committees
responsible for funding the office of
the attorney general. By January 15,
1999, the task force shall make a final
report to the committees responsible
for funding the office of the attorney
general. The final report shall
identify proposed improvements in the
current funding system and make
recommendations to improve the
availability of legal services, the
funding of services, and the
accountability of legal costs by all
parties.
Sec. 4. SECRETARY OF STATE -0- 100,000
This appropriation is to make necessary
changes to the statewide voter
registration system to facilitate
reassignment of voters to the correct
precinct and election districts
following legislative redistricting in
2002. This appropriation is available
until June 30, 2000.
Sec. 5. OFFICE OF STRATEGIC AND
LONG-RANGE PLANNING 1,215,000 85,000
$15,000 is appropriated in fiscal year
1998 and $65,000 is appropriated in
fiscal year 1999 for census-related
activities.
$1,200,000 in fiscal year 1998 is for
purposes of section 86. This
appropriation is available until June
30, 1999.
$20,000 in fiscal year 1999 is for a
grant to the southwest regional
development commission in region 8 to
assist local units of government with
the preparation of local land use plans.
Sec. 6. DEPARTMENT OF
ADMINISTRATION -0- 4,900,000
$4,371,000 is appropriated in fiscal
year 1999 for modifications of state
business systems to address year 2000
changes. This appropriation is added
to the appropriation for technology
management in Laws 1997, chapter 202,
article 1, section 12, subdivision 7.
$150,000 is appropriated in fiscal year
1999 for the office of citizenship and
volunteer services for coordinating the
Minnesota alliance with youth
initiative.
$315,000 in fiscal year 1999 is for a
grant to Pioneer Public Television for
the construction of a noncommercial
television translator tower. The
construction of this tower will
primarily enable the residents of Otter
Tail county to receive this
noncommercial television signal.
Before state funds are released for
this project, a license to operate this
facility must be granted by the Federal
Communications Commission. In order to
qualify for this grant, Pioneer Public
Television must provide a match which
equals at least 25 percent of the total
project costs from nonstate government
sources.
$20,000 is for a portrait of Governor
Carlson.
$44,000 is for costs associated with
making the State Register and the
guidebook to state agency services
available on the Internet. The
management analysis division of the
department of administration must
analyze the financial impacts of making
the State Register and the guidebook to
state agency services available on the
Internet on the department's bookstore
operation. The division must report
its preliminary findings to the chairs
of the house and senate governmental
operations budget and finance divisions
by January 15, 1999. A complete
analysis of fiscal impacts must be
submitted to these chairs by January
15, 2000.
Sec. 7. DEPARTMENT OF EMPLOYEE
RELATIONS 750,000 -0-
For transfer to the insurance trust
fund under Minnesota Statutes, section
43A.316, subdivision 9, for the
purposes stated in that subdivision.
The commissioner of employee relations
shall study and report to the
legislature by August 1, 1999, to: (1)
determine what temporary state jobs
occupied by disabled individuals are
filled by able-bodied individuals when
the jobs become permanent; (2) examine
whether state agencies are in
compliance with state and federal law
in hiring qualified disabled
individuals; and (3) recommend any
assistance state agencies may need to
comply with applicable laws.
Sec. 8. REVENUE 731,000
This appropriation is added to the
appropriation in Laws 1997, chapter
202, article 1, section 17, subdivision
8, and must be used for information
systems and to expand the Minnesota
collection enterprise office staff in
Ely. The legislature estimates that
this appropriation will result in
increased revenue to the general fund
of $1,000,000 in fiscal year 1999.
Sec. 9. AMATEUR SPORTS COMMISSION 100,000
For a grant to the United States
Olympic Committee's Minnesota Olympic
development program to fund development
of a statewide winter sports program
for females and at-risk youth.
Sec. 10. INSURANCE PREMIUM
SUPPLEMENT -0- 435,000
SUMMARY BY FUND
General -0- 307,000
Water Recreation -0- 23,000
Snowmobile Trails and
Enforcement -0- 2,000
Special Revenue -0- 15,000
Game and Fish -0- 33,000
Trunk Highway -0- 55,000
The amounts appropriated are to the
commissioner of finance for the second
year of the biennium for transfer to
agencies affected by cost increases due
to the extension of eligibility for
employer-paid premiums for health,
dental, and life insurance to part-time
seasonal employees as provided in
collective bargaining agreements for
the current biennium.
The schedule provided in the 1998
supplemental budget recommendation
detail page supporting the governor's
request for these appropriations must
be applied when determining base-level
funding of affected agencies for the
biennium ending June 30, 2001.
Sec. 11. PUBLIC EMPLOYEES
RETIREMENT ASSOCIATION -0- 10,000
This appropriation is the state's share
of the contribution necessary to fund
the special surviving spouse benefit
authorized by H.F. No. 2970, article 2,
if enacted. The amount is payable to
the public employees retirement
association within 30 days following
the receipt by that association of the
contribution by the city of St. Paul
under H.F. No. 2970, article 2, if
enacted.
Sec. 12. MINNESOTA STATE
RETIREMENT SYSTEM 700,000
This appropriation may be expended
solely to make the transfer of prior
service contributions as permitted
under Minnesota Statutes, section
352D.12, as amended by this act.
Sec. 13. HUMAN SERVICES 750,000
From the Minnesota lottery prize fund
to be used for Project Turnabout in
Granite Falls. This appropriation
shall not become part of the base
appropriation for the 2000-2001
biennium.
Other than the appropriation in this
act, or in Laws 1997, chapter 202, no
more than $340,000 may be appropriated
for fiscal year 1999 from the lottery
prize fund or the lottery operations
account for compulsive gambling
treatment or education. This provision
supersedes any other provision enacted
in 1998, whether enacted before or
after this provision.
Sec. 14. Minnesota Statutes 1996, section 3.3005,
subdivision 2, is amended to read:
Subd. 2. A state agency shall not expend money received by
it under federal law for any purpose unless a request to spend
federal money from that source for that purpose in that fiscal
year has been submitted by the governor to the legislature as a
part of a budget request submitted during or within ten days
before the start of a regular legislative session, or unless
specifically authorized by law or as provided by this section.
Sec. 15. Minnesota Statutes 1996, section 3.3005, is
amended by adding a subdivision to read:
Subd. 2a. [REVIEW OF FEDERAL FUNDS SPENDING
REQUEST.] Twenty days after a governor's budget request that
includes a request to spend federal money is submitted to the
legislature under subdivision 2, a state agency may expend money
included in that request unless, within the 20-day period, a
member of the legislative advisory commission requests further
review. If a legislative advisory commission member requests
further review of a federal funds spending request, the agency
may not expend the federal funds until the request has been
satisfied and withdrawn, the expenditure is approved in law, or
the regular session of the legislature is adjourned for the year.
Sec. 16. Minnesota Statutes 1996, section 4.07,
subdivision 3, is amended to read:
Subd. 3. [FEDERAL AND STATE LAW; APPROPRIATION OF FUNDS.]
The governor or any state department or agency designated by the
governor shall comply with any and all requirements of federal
law and any rules and regulations promulgated thereunder to
enable the application for, the receipt of, and the acceptance
of such federal funds. The expenditure of any such funds
received shall be governed by the laws of the state except
insofar as federal requirements may otherwise provide. All such
money received by the governor or any state department or agency
designated by the governor for such purpose shall be deposited
in the state treasury and, subject to section 3.3005, are hereby
appropriated annually in order to enable the governor or the
state department or agency designated by the governor for such
purpose to carry out the purposes for which the funds are
received. None of such federal money so deposited in the state
treasury shall cancel and they shall be available for
expenditure in accordance with the requirements of federal law.
Sec. 17. Minnesota Statutes 1996, section 14.04, is
amended to read:
14.04 [AGENCY ORGANIZATION; GUIDEBOOK.]
To assist interested persons dealing with it, each agency
shall must, in a manner prescribed by the commissioner of
administration, prepare a description of its organization,
stating the general course and method of its operations and
where and how the public may obtain information or make
submissions or requests. The commissioner of administration
shall must publish these descriptions at least once every four
years commencing in 1981 in a guidebook of state agencies.
Notice of the publication of the guidebook shall must be
published in the State Register and given in newsletters,
newspapers, or other publications, or through other means of
communication. The commissioner must make an electronic version
of the guidebook available on the Internet free of charge
through the North Star information service.
Sec. 18. Minnesota Statutes 1996, section 14.46,
subdivision 4, is amended to read:
Subd. 4. [COST; DISTRIBUTION.] When an agency properly
submits a rule, proposed rule, notice, or other material to the
commissioner of administration, the commissioner shall must then
be accountable for the publication of the same in the State
Register. The commissioner of administration shall must require
each agency which requests the publication of rules, proposed
rules, notices, or other material in the State Register to pay
its proportionate cost of the State Register unless other funds
are provided and are sufficient to cover the cost of the State
Register.
The State Register shall must be offered for public sale at
a location centrally located as determined by the commissioner
of administration and at a price as the commissioner of
administration shall determine determines. The commissioner of
administration shall must further provide for the mailing of the
State Register to any person, agency, or organization if so
requested, provided that reasonable costs are borne by the
requesting party. The supply and expense appropriation to any
state agency is deemed to include funds to purchase the State
Register. Ten copies of each issue of the State Register,
however, shall must be provided without cost to the legislative
reference library and ten copies to the state law library. One
copy shall must be provided without cost to a public library in
each county seat in the state or, if there is no public library
in a county seat, to a public library in the county as
designated by the county board. The commissioner shall must
advise the recipient libraries of the significance and content
of the State Register and shall encourage efforts to promote its
usage.
The commissioner must make an electronic version of the
State Register available on the Internet free of charge through
the North Star information service.
Sec. 19. Minnesota Statutes 1996, section 15.91,
subdivision 2, is amended to read:
Subd. 2. [PERFORMANCE REPORTS.] By November 30 January 2
of each even-numbered odd-numbered year, each agency shall issue
a performance report that includes the following:
(1) the agency's mission;
(2) the most important goals and objectives for each major
program for which the agency will request funding in its next
biennial budget;
(3) identification of the populations served by the
programs that support the agency's mission; and
(4) workload, efficiency, output, and outcome
(3) the most important measures for each program goals and
objectives listed in the report, with data showing each
programs' actual performance relative to these measures for the
previous four fiscal years and the performance the agency
projects it will achieve during the next two fiscal years with
the level of funding it has requested.
If it would enhance an understanding of its mission,
programs, and performance, the agency shall include in its
report information that describes the broader economic, social,
and physical environment in which the agency's programs are
administered.
Each agency shall send a copy of its performance report to
the speaker of the house, president of the senate, legislative
auditor, and legislative reference library, and provide a copy
to others upon request.
The commissioner of finance shall ensure that performance
reports are complete, succinct, accurate, and reliable and
compiled in such a way that they are useful to the public,
legislators, and managers in state government. To maintain a
computerized performance data system, the commissioner of
finance may require agencies to provide performance data
annually.
The legislative auditor shall periodically review and
comment on selected performance reports as provided for by
section 3.971, subdivision 3.
Sec. 20. Minnesota Statutes 1996, section 16A.055,
subdivision 6, is amended 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 report to the
legislature on the performance report required under section
15.91 to increase the efficiency of agency operations, when
appropriate and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10,
subdivision 1; 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 and improve
the performance of the department.
Sec. 21. Minnesota Statutes 1996, section 16A.10, as
amended by Laws 1997, chapter 202, article 2, section 12, is
amended to read:
16A.10 [BUDGET PREPARATION.]
Subdivision 1. [BUDGET FORMAT.] In each even-numbered
calendar year the commissioner shall prepare budget forms and
instructions for all agencies, including guidelines for
reporting agency performance measures, subject to the approval
of the governor. The commissioner shall request and receive
advisory recommendations from the chairs of the senate finance
committee and house of representatives ways and means committee
before adopting a format for the biennial budget document. By
June 15, the commissioner shall send the proposed budget forms
to the appropriations and finance committees. The committees
have until July 15 to give the commissioner their advisory
recommendations on possible improvements. To facilitate this
consultation, the commissioner shall establish a working group
consisting of executive branch staff and designees of the chairs
of the senate finance and house of representatives ways and
means committees. The commissioner must involve this group in
all stages of development of budget forms and instructions. The
budget format must show actual expenditures and receipts for the
two most recent fiscal years, estimated expenditures and
receipts for the current fiscal year, and estimates for each
fiscal year of the next biennium. Estimated expenditures must
be classified by funds and character of expenditures and may be
subclassified by programs and activities. Agency revenue
estimates must show how the estimates were made and what factors
were used. Receipts must be classified by funds, programs, and
activities. Expenditure and revenue estimates must be based on
the law in existence at the time the estimates are prepared.
Subd. 1a. [PURPOSE OF PERFORMANCE DATA.] Performance data
shall be presented in the budget proposal to:
(1) provide information so that the legislature can
determine the extent to which state programs are successful;
(2) encourage agencies to develop clear goals and
objectives for their programs; and
(3) strengthen accountability to Minnesotans by providing a
record of state government's performance in providing effective
and efficient services.
Subd. 1b. [PERFORMANCE DATA FORMAT.] Agencies shall
present performance data that measures the performance of
programs in meeting program goals and objectives. Measures
reported may include indicators of outputs, efficiency,
outcomes, and other measures relevant to understanding each
program. Agencies shall present as much historical information
as needed to understand major trends and shall set targets for
future performance issues where feasible and appropriate. The
information shall appropriately highlight agency performance
issues that would assist legislative review and decision making.
Subd. 2. [BY OCTOBER 15 AND NOVEMBER 30.] By October 15 of
each even-numbered year, an agency must file the following with
the commissioner:
(1) budget estimates for the most recent and current fiscal
years;
(2) its upcoming biennial budget estimates;
(3) a comprehensive and integrated statement of agency
missions and outcome and performance measures; and
(4) a concise explanation of any planned changes in the
level of services or new activities.
The commissioner shall prepare and file the budget
estimates for an agency failing to file them. By November 30,
the commissioner shall send the final budget format, agency
budget plans or requests estimates for the next biennium, and
copies of the filed material to the ways and means and finance
committees, except that the commissioner shall not be required
to transmit information that identifies executive branch budget
decision items. At this time, a list of each employee's name,
title, and salary must be available to the legislature, either
on paper or through electronic retrieval.
Subd. 3. [DUTIES TO GOVERNOR-ELECT.] Immediately after the
election of a new governor, the commissioner shall report the
budget estimates and make available to the governor-elect all
department information, staff, and facilities relating to the
budget.
Sec. 22. Minnesota Statutes 1997 Supplement, section
16A.103, subdivision 1, is amended to read:
Subdivision 1. [STATE REVENUE AND EXPENDITURES.] In
February and November each year, the commissioner shall prepare
and deliver to the governor and legislature a forecast of state
revenue and expenditures. The November forecast must be
delivered to the legislature and governor no later than the end
of the first week of December. The February forecast must be
delivered to the legislature and governor by the end of
February. The forecast must assume the continuation of current
laws and reasonable estimates of projected growth in the
national and state economies and affected populations. Revenue
must be estimated for all sources provided for in current law.
Expenditures must be estimated for all obligations imposed by
law and those projected to occur as a result of inflation and
variables outside the control of the legislature. In
determining the rate of inflation, the application of inflation,
and the other variables to be included in the expenditure part
of the forecast, the commissioner must consult with the chair of
the senate state government finance committee, the chair of the
house committee on ways and means, and house and senate fiscal
staff. In addition, the commissioner shall forecast Minnesota
personal income for each of the years covered by the forecast
and include these estimates in the forecast documents. A
forecast prepared during the first fiscal year of a biennium
must cover that biennium and the next biennium. A forecast
prepared during the second fiscal year of a biennium must cover
that biennium and the next two bienniums.
Sec. 23. Minnesota Statutes 1997 Supplement, section
16A.11, subdivision 1, is amended to read:
Subdivision 1. [WHEN.] The governor shall submit a
four-part three-part budget to the legislature. Parts one and
two, the budget message and detailed operating budget, must be
submitted by the fourth Tuesday in January in each odd-numbered
year. However, in a year following the election of a governor
who had not been governor the previous year, parts one and two
must be submitted by the third Tuesday in February. Part three,
the detailed recommendations as to capital expenditure, must be
submitted as follows: agency capital budget requests by July 1
of each odd-numbered year, and governor's recommendations by
January 15 of each even-numbered year. Part four, the Detailed
recommendations as to information technology expenditure, must
be submitted at the same time the governor submits the budget
message to the legislature as part of the detailed operating
budget. Information technology recommendations must include
projects to be funded during the next biennium and planning
estimates for an additional two bienniums. Information
technology recommendations must specify purposes of the funding
such as infrastructure, hardware, software, or training.
Sec. 24. Minnesota Statutes 1996, section 16A.11,
subdivision 3, is amended to read:
Subd. 3. [PART TWO: DETAILED BUDGET.] Part two of the
budget, the detailed budget estimates both of expenditures and
revenues, shall must contain any statements on the financial
plan which the governor believes desirable or which may be
required by the legislature. Part of the budget must be
prepared using performance-based budgeting concepts. In this
subdivision, "performance-based budgeting" means a budget system
that identifies agency outcomes and results and provides
comprehensive information regarding actual and proposed changes
in funding and outcomes. The detailed estimates shall include
the governor's budget plan of each agency arranged in tabular
form so it may readily be compared with the governor's budget
for each agency. The detailed estimates must include a separate
line listing the total number of professional or technical
service contracts and the total cost of those contracts for the
prior biennium and the projected number of professional or
technical service contracts and the projected costs of those
contracts for the current and upcoming biennium. They shall
must also include, as part of each agency's organization chart,
a summary of the personnel employed by the agency, showing the
reflected as full-time equivalent positions for the current
biennium, and the number of full-time equivalent employees of
all kinds employed by the agency on June 30 of the last complete
fiscal year, and the number of professional or technical service
consultants for the current biennium.
Sec. 25. Minnesota Statutes 1996, section 16A.72, is
amended to read:
16A.72 [INCOME CREDITED TO GENERAL FUND; EXCEPTIONS.]
All income, including fees or receipts of any nature, shall
be credited to the general fund, except:
(1) federal aid;
(2) contributions, or reimbursements received for any
account of any division or department for which an appropriation
is made by law;
(3) income to the University of Minnesota;
(4) income to revolving funds now established in
institutions under the control of the commissioners of
corrections or human services;
(5) investment earnings resulting from the master lease
program, except that the amount credited to another fund or
account may not exceed the amount of the additional expense
incurred by that fund or account through participation in the
master lease program;
(6) investment earnings resulting from any gift, donation,
device, endowment, trust, or court ordered or approved escrow
account or trust fund, which should be credited to the fund or
account and appropriated for the purpose for which it was
received;
(7) receipts from the operation of patients' and inmates'
stores and vending machines, which shall be deposited in the
social welfare fund in each institution for the benefit of the
patients and inmates;
(7) (8) money received in payment for services of inmate
labor employed in the industries carried on in the state
correctional facilities which receipts shall be credited to the
current expense fund of those facilities;
(8) (9) as provided in sections 16B.57 and 85.22;
(9) (10) income to the Minnesota historical society;
(10) (11) the percent of income collected by a private
collection agency and retained by the collection agency as its
collection fee; or
(11) (12) as otherwise provided by law.
Sec. 26. Minnesota Statutes 1996, section 16B.04,
subdivision 4, is amended 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 report to the
legislature on the performance report required under section
15.91 to increase the efficiency of agency operations, when
appropriate and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10,
subdivision 1; 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 and improve
the performance of the department.
Sec. 27. [16B.104] [PROCUREMENT REQUIREMENTS.]
(a) The commissioner, in consultation with the office of
technology, shall develop nonvisual technology access
standards. The standards must be included in all contracts for
the procurement of information technology by, or for the use of,
agencies, political subdivisions, and the Minnesota state
colleges and universities. The University of Minnesota is
encouraged to consider similar standards.
(b) The nonvisual access standards must include the
following minimum specifications:
(1) that effective, interactive control and use of the
technology including the operating system, applications
programs, prompts, and format of the data presented, are readily
achievable by nonvisual means;
(2) that the nonvisual access technology must be compatible
with information technology used by other individuals with whom
the blind or visually impaired individual must interact;
(3) that nonvisual access technology must be integrated
into networks used to share communications among employees,
program participants, and the public; and
(4) that the nonvisual access technology must have the
capability of providing equivalent access by nonvisual means to
telecommunications or other interconnected network services used
by persons who are not blind or visually impaired.
(c) Nothing in this section requires the installation of
software or peripheral devices used for nonvisual access when
the information technology is being used by individuals who are
not blind or visually impaired.
Sec. 28. [16B.76] [CONSTRUCTION CODES ADVISORY COUNCIL.]
Subdivision 1. [MEMBERSHIP.] (a) The construction codes
advisory council consists of the following members:
(1) the commissioner of administration or the
commissioner's designee representing the department's building
codes and standards division;
(2) the commissioner of health or the commissioner's
designee representing an environmental health section of the
department;
(3) the commissioner of public safety or the commissioner's
designee representing the department's state fire marshal
division;
(4) the commissioner of public service or the
commissioner's designee representing the department's energy
regulation and resource management division; and
(5) one member representing each of the following
occupations or entities, appointed by the commissioner of
administration:
(i) a certified building official;
(ii) a fire service representative;
(iii) a licensed architect;
(iv) a licensed engineer;
(v) a building owners and managers representative;
(vi) a licensed residential building contractor;
(vii) a commercial building contractor;
(viii) a heating and ventilation contractor;
(ix) a plumbing contractor;
(x) a representative of a construction and building trades
union; and
(xi) a local unit of government representative.
(b) For members who are not state officials or employees,
terms, compensation, removal, and the filling of vacancies are
governed by section 15.059. The council shall select one of its
members to serve as chair.
(c) The council expires June 30, 2001.
Subd. 2. [DUTIES OF THE COUNCIL.] The council shall review
laws, codes, rules, standards, and licensing requirements
relating to building construction and may:
(1) recommend ways to eliminate inconsistencies, to
streamline construction regulation and construction processes,
and to improve procedures within and among jurisdictions;
(2) review and comment on current and proposed laws and
rules to promote coordination and consistency;
(3) advise agencies on possible changes in rules to make
them easier to understand and apply; and
(4) promote the coordination, within each jurisdiction, of
the administration and enforcement of construction codes.
The council shall report its findings and recommendations
to the commissioner of administration and the head of any other
affected agency by the end of each calendar year. The council
may recommend changes in laws or rules governing building
construction. The council may establish subcommittees to
facilitate its work. If the council establishes subcommittees,
it shall include in their memberships representation from
entities and organizations expressing an interest in
membership. The commissioner of administration shall maintain a
list of interested entities and organizations.
Subd. 3. [AGENCY COOPERATION.] State agencies and local
governmental units shall cooperate with the council and, so far
as possible, provide information or assistance to it upon its
request. The commissioner of administration shall provide
necessary staff and administrative support to the council.
Sec. 29. Minnesota Statutes 1996, section 16D.02,
subdivision 3, is amended to read:
Subd. 3. [DEBT.] "Debt" means an amount owed to the state
directly, or through a state agency, on account of a fee, duty,
lease, direct loan, loan insured or guaranteed by the state,
rent, service, sale of real or personal property, overpayment,
fine, assessment, penalty, restitution, damages, interest, tax,
bail bond, forfeiture, reimbursement, liability owed, an
assignment to the state including assignments under sections
256.72 to 256.87, the Social Security Act, or other state or
federal law, recovery of costs incurred by the state, or any
other source of indebtedness to the state. Debt also includes
amounts owed to individuals as a result of civil, criminal, or
administrative action brought by the state or a state agency
pursuant to its statutory authority or for which the state or
state agency acts in a fiduciary capacity in providing
collection services in accordance with the regulations adopted
under the Social Security Act at Code of Federal Regulations,
title 45, section 302.33. Debt also includes an amount owed to
the courts or University of Minnesota for which the commissioner
provides collection services pursuant to contract.
Sec. 30. Minnesota Statutes 1996, section 16D.04,
subdivision 1, is amended to read:
Subdivision 1. [DUTIES.] The commissioner shall provide
services to the state and its agencies to collect debts owed the
state. The commissioner is not a collection agency as defined
by section 332.31, subdivision 3, and is not licensed, bonded,
or regulated by the commissioner of commerce under sections
332.31 to 332.35 or 332.38 to 332.45. The commissioner is
subject to section 332.37, except clause (9) or, (10), (12), or
(19). Debts referred to the commissioner for collection under
section 256.9792 may in turn be referred by the commissioner to
the enterprise. An audited financial statement may not be
required as a condition of debt placement with a private agency
if the private agency: (1) has errors and omissions coverage
under a professional liability policy in an amount of at least
$1,000,000; or (2) has a fidelity bond to cover actions of its
employees, in an amount of at least $100,000. In cases of debts
referred under section 256.9792, the provisions of this chapter
and section 256.9792 apply to the extent they are not in
conflict. If they are in conflict, the provisions of section
256.9792 control. For purposes of this chapter, the referring
agency for such debts remains the department of human services.
Sec. 31. Minnesota Statutes 1996, section 16D.04,
subdivision 4, is amended to read:
Subd. 4. [AUTHORITY TO CONTRACT.] The
commissioner commissioners of revenue and finance may contract
with credit bureaus, private collection agencies, and other
entities as necessary for the collection of debts. A private
collection agency acting under a contract with the
commissioner of revenue or finance is subject to sections 332.31
to 332.45, except that the private collection agency may
indicate that it is acting under a contract with
the commissioner state. The commissioner may not delegate the
powers provided under section 16D.08 to any nongovernmental
entity.
Sec. 32. [16D.045] [STAFF.]
Any collectors hired by the commissioner of revenue after
June 30, 1998, to work for the Minnesota collection enterprise
must be located in the Ely office.
Sec. 33. Minnesota Statutes 1996, section 16D.06,
subdivision 2, is amended to read:
Subd. 2. [DISCLOSURE OF DATA.] Data received, collected,
created, or maintained by the commissioner or the attorney
general to collect debts are classified as private data on
individuals under section 13.02, subdivision 12, or nonpublic
data under section 13.02, subdivision 9. The commissioner or
the attorney general may disclose not public data:
(1) under section 13.05;
(2) under court order;
(3) under a statute specifically authorizing access to the
not public data;
(4) to provide notices required or permitted by statute;
(5) to an agent of the commissioner or the attorney
general, including a law enforcement person, attorney, or
investigator acting for the commissioner or the attorney general
in the investigation or prosecution of a criminal or civil
proceeding relating to collection of a debt;
(6) to report names of debtors, amount of debt, date of
debt, and the agency to whom debt is owed to credit bureaus and
private collection agencies under contract with the
commissioner;
(7) when necessary to locate the debtor, locate the assets
of the debtor, or to enforce or implement the collection of a
debt, provided that the commissioner or the attorney general may
disclose only the data that are necessary to enforce or
implement collection of the debt; and
(8) to the commissioner of revenue for tax administration
purposes.
The commissioner and the attorney general may not disclose
data that is not public to a private collection agency or other
entity with whom the commissioner has contracted under section
16D.04, subdivision 4, unless disclosure is otherwise authorized
by law.
Sec. 34. Minnesota Statutes 1996, section 16D.08,
subdivision 2, is amended to read:
Subd. 2. [POWERS.] In addition to the collection remedies
available to private collection agencies in this state, the
commissioner, with legal assistance from the attorney general,
may utilize any statutory authority granted to a referring
agency for purposes of collecting debt owed to that referring
agency. The commissioner may also delegate to the enterprise
the tax collection remedies in sections 270.06, clauses (7) and
(17), excluding the power to subpoena witnesses; 270.66; 270.69,
excluding subdivisions 7 and 13; 270.70, excluding subdivision
14; 270.7001 to 270.72; and 290.92, subdivision 23, except that
a continuous wage levy under section 290.92, subdivision 23, is
only effective for 70 days, unless no competing wage
garnishments, executions, or levies are served within the 70-day
period, in which case a wage levy is continuous until a
competing garnishment, execution, or levy is served in the
second or a succeeding 70-day period, in which case a continuous
wage levy is effective for the remainder of that period. A
debtor who qualifies for cancellation of the collection penalty
costs under section 16D.11, subdivision 3, clause (1), can apply
to the commissioner for reduction or release of a continuous
wage levy, if the debtor establishes that the debtor needs all
or a portion of the wages being levied upon to pay for essential
living expenses, such as food, clothing, shelter, medical care,
or expenses necessary for maintaining employment. The
commissioner's determination not to reduce or release a
continuous wage levy is appealable to district court. The word
"tax" or "taxes" when used in the tax collection statutes listed
in this subdivision also means debts referred under this
chapter. For debts other than state taxes or child support,
before any of the tax collection remedies listed in this
subdivision can be used, except for the remedies in section
270.06, clauses (7) and (17), if the referring agency has not
already obtained a judgment or filed a lien, the commissioner
must first obtain a judgment against the debtor.
Sec. 35. Minnesota Statutes 1996, section 16D.11, as
amended by Laws 1997, chapter 187, article 3, section 3, is
amended to read:
16D.11 [COLLECTION PENALTY COSTS.]
Subdivision 1. [IMPOSITION.] As determined by the
commissioner of finance, a penalty collection costs shall be
added to the debts referred to the commissioner or private
collection agency for collection. The penalty is Collection
costs are collectible by the commissioner or private agency from
the debtor at the same time and in the same manner as the
referred debt. The referring agency shall advise the debtor of
the penalty collection costs under this section and the debtor's
right to cancellation of the penalty collection costs under
subdivision 3 at the time the agency sends notice to the debtor
under section 16D.07. If the commissioner or private agency
collects an amount less than the total due, the payment is
applied proportionally to the penalty collection costs and the
underlying debt unless the commissioner of finance has waived
this requirement for certain categories of debt pursuant to the
department's internal guidelines. Penalties Collection costs
collected by the commissioner under this subdivision or retained
under subdivision 6 shall be deposited in the general fund as
nondedicated receipts. Penalties Collection costs collected by
private agencies are appropriated to the referring agency to pay
the collection fees charged by the private agency. Penalty
Collections of collection costs in excess of collection agency
fees must be deposited in the general fund as nondedicated
receipts.
Subd. 2. [COMPUTATION.] Beginning July 1, 1995, At the
time a debt is referred, the amount of the penalty collection
costs is equal to 15 percent of the debt, or 25 percent of the
debt remaining unpaid if the commissioner or private collection
agency has to take enforced collection action by serving a
summons and complaint on or entering judgment against the
debtor, or by utilizing any of the remedies authorized under
section 16D.08, subdivision 2, except for the remedies in
sections 270.06, clause (7), and 270.66 or when referred by the
commissioner for additional collection activity by a private
collection agency. If, after referral of a debt to a private
collection agency, the debtor requests cancellation of the
penalty collection costs under subdivision 3, the debt must be
returned to the commissioner for resolution of the request.
Subd. 3. [CANCELLATION.] The penalty Collection costs
imposed under subdivision 1 shall be canceled and subtracted
from the amount due if:
(1) the debtor's household income as defined in section
290A.03, subdivision 5, excluding the exemption subtractions in
subdivision 3, paragraph (3) of that section, for the 12 months
preceding the date of referral is less than twice the annual
federal poverty guideline under United States Code, title 42,
section 9902, subsection (2);
(2) within 60 days after the first contact with the debtor
by the enterprise or collection agency, the debtor establishes
reasonable cause for the failure to pay the debt prior to
referral of the debt to the enterprise;
(3) a good faith dispute as to the legitimacy or the amount
of the debt is made, and payment is remitted or a payment
agreement is entered into within 30 days after resolution of the
dispute;
(4) good faith litigation occurs and the debtor's position
is substantially justified, and if the debtor does not totally
prevail, the debt is paid or a payment agreement is entered into
within 30 days after the judgment becomes final and
nonappealable; or
(5) penalties collection costs have been added by the
referring agency and are included in the amount of the referred
debt.
Subd. 4. [APPEAL.] Decisions of the commissioner denying
an application to cancel the penalty collection costs under
subdivision 3 are subject to the contested case procedure under
chapter 14.
Subd. 5. [REFUND.] If a penalty is collection costs are
collected and then canceled, the amount of the penalty
collection costs shall be refunded to the debtor within 30
days. The amount necessary to pay the refunds is annually
appropriated to the commissioner.
Subd. 6. [CHARGE TO REFERRING AGENCY.] If the penalty
is collection costs are canceled under subdivision 3, an amount
equal to the penalty is retained by the commissioner from the
debt collected, and is accounted for and subject to the same
provisions of this chapter as if the penalty had been collected
from the debtor.
Subd. 7. [ADJUSTMENT OF RATE.] By June 1 of each year, the
commissioner of finance shall determine the rate of the
penalty collection costs for debts referred to the enterprise
during the next fiscal year. The rate is a percentage of the
debts in an amount that most nearly equals the costs of the
enterprise necessary to process and collect referred debts under
this chapter. In no event shall the rate of the penalty
collection costs when a debt is first referred exceed
three-fifths of the maximum penalty collection costs, and in no
event shall the rate of the maximum penalty collection costs
exceed 25 percent of the debt. Determination of the rate of the
penalty collection costs under this section is not subject to
the fee setting requirements of section 16A.1285.
Sec. 36. Minnesota Statutes 1996, section 16D.14,
subdivision 2, is amended to read:
Subd. 2. [CONCILIATION COURT; CLAIMS FOR $2,500 OR LESS.]
(a) The commissioner or the attorney general may bring a
conciliation court action where the cause of action arose or
where the debtor resides. Before bringing a conciliation court
action for a claim for $2,500 or less under this section in any
county other than where the debtor resides or where the cause of
action arose, the commissioner or the attorney general shall
send a form by first class mail to the debtor's last known
address notifying the debtor of the intent to bring an action in
Ramsey county. The commissioner or attorney general must
enclose a form for the debtor to use to request that the action
not be brought in Ramsey county and a self-addressed, postage
paid envelope. The form must advise the debtor of the right to
request that the action not be brought in Ramsey county and that
the debtor has 30 days from the date of the form to make this
request.
(b) If the debtor timely returns the form requesting the
action not be brought in Ramsey county, the commissioner or
attorney general may only file the action in the county of the
debtor's residence, the county where the cause of action arose,
or as provided by other law. The commissioner or attorney
general shall notify the debtor of the action taken. If the
debtor does not timely return the form, venue is as chosen by
the commissioner or attorney general as authorized under this
section.
(c) If a judgment is obtained in Ramsey county conciliation
court when the form was sent by first class mail under this
subdivision and the debtor reasonably demonstrates that the
debtor did not reside at the address where the form was sent or
that the debtor did not receive the form, the commissioner or
the attorney general shall vacate the judgment without prejudice
and return any funds collected as a result of enforcement of the
judgment. Evidence of the debtor's correct address include, but
are not limited to, a driver's license, homestead declaration,
school registration, utility bills, or a lease or rental
agreement.
Sec. 37. Minnesota Statutes 1996, section 16D.14,
subdivision 3, is amended to read:
Subd. 3. [CONCILIATION COURT CLAIMS EXCEEDING $2,500.] (a)
The commissioner or the attorney general may bring a
conciliation court action where the cause of action arose or
where the debtor resides. In order to bring a conciliation
court claim that exceeds $2,500 under this section in a county
other than where the debtor resides or where the cause of action
arose, the commissioner or the attorney general shall serve with
the conciliation court claim a change of venue form for the
debtor to use to request that venue be changed and a
self-addressed, postage paid return envelope. This form must
advise the debtor that the form must be returned within 30 days
of the date of service or venue will remain in Ramsey county.
(b) If the debtor timely returns the change of venue form
requesting a change of venue, the commissioner or attorney
general shall change the venue of the action to the county of
the debtor's residence, the county where the cause of action
arose, as provided by other law, or dismiss the action. The
commissioner or attorney general must notify the debtor of the
action taken. If the debtor does not timely return the form,
venue is as chosen by the commissioner or attorney general as
authorized under this section. The commissioner or the attorney
general shall file the signed return receipt card or the proof
of service with the court.
Sec. 38. Minnesota Statutes 1996, section 16D.14,
subdivision 5, is amended to read:
Subd. 5. [FEES.] No court filing fees, docketing fees, or
release of judgment fees, or any other fees or costs for court
services may be assessed against the state for collection
actions filed under this chapter by the state or a state agency
seeking monetary relief in favor of the state.
Sec. 39. Minnesota Statutes 1996, section 16D.16, is
amended to read:
16D.16 [SETOFFS.]
Subdivision 1. [AUTHORIZATION.] Unless prohibited by other
law, the state agency utilizes a more specific setoff statute,
or the state payments are subject to a more specific setoff
statute, the commissioner or a state agency may automatically
deduct the amount of a debt owed to the state from any state
payment due to the debtor, except tax refunds, earned income tax
credit, child care tax credit, prejudgment debts of $5,000 or
less, funds exempt under section 550.37, or funds owed an
individual who receives. Tax refunds, earned income tax credit,
child care credit, funds exempt under section 550.37, or funds
owed to an individual who is receiving assistance under the
provisions of chapter 256 are not subject to setoff under
this chapter section. If a debtor has entered into a written
payment plan with respect to payment of a specified debt, the
right of setoff may not be used to satisfy that debt.
Notwithstanding section 181.79, the state may deduct from the
wages due or earned by a state employee to collect a debt,
subject to the limitations in section 571.922.
Subd. 2. [NOTICE AND HEARING.] Before setoff, the
commissioner or state agency shall mail written notice by
certified mail to the debtor, addressed to the debtor's last
known address, that the commissioner or state agency intends to
set off a debt owed to the state by the debtor against future
payments due the debtor from the state. For debts owed to the
state that have not been reduced to judgment, if no opportunity
to be heard or administrative appeal process or a hearing by an
impartial decision maker on the validity or accuracy of the debt
has yet been made available to the debtor to contest the
validity or accuracy of the debt, before setoff for a
prejudgment debt, the notice to the debtor must advise that the
debtor has a right to make a written request for a contested
case hearing on the validity of the debt or the right to
setoff. The debtor has 30 days from the date of that notice to
make a written request for a contested case hearing to contest
the validity of the debt or the right to setoff. The debtor's
request must state the debtor's reasons for contesting the debt
or the right to setoff. If the commissioner or state agency
desires to pursue the right to setoff following receipt of the
debtor's request for a hearing, the commissioner or state agency
shall schedule a contested case hearing within 30 days of the
receipt of the request for the hearing. If the commissioner or
state agency decides not to pursue the right to setoff, the
debtor must be notified of that decision.
Sec. 40. [16D.17] [ENFORCEMENT OF STATUTORY PENALTIES.]
A state agency may enforce a final penalty order imposed
for violations of state law in the same manner as a district
court judgment if:
(1) notice and opportunity for a hearing on the penalty has
been provided and the notice gives at least 30 days to request a
hearing, unless the agency statute provides for a different
timeline; and
(2) the notice or order of the penalty states that when the
order becomes final, the agency may file and enforce the penalty
as a judgment without further notice or additional proceedings.
The administrative order may be filed with a district court
administrator along with an affidavit of identification and
amount owed, and the court administrator shall enter and docket
the administrative order as a civil judgment.
Sec. 41. Minnesota Statutes 1997 Supplement, section
16E.01, subdivision 3, is amended to read:
Subd. 3. [DUTIES.] The office shall:
(1) coordinate the efficient and effective use of available
federal, state, local, and private resources to develop
statewide information and communications technology and its
infrastructure;
(2) review state agency and intergovernmental information
and communications systems development efforts involving state
or intergovernmental funding, provide information to the
legislature in accordance with section 16A.11 regarding projects
reviewed, and recommend projects for inclusion in the
information technology governor's budget under section 16A.11;
(3) encourage cooperation and collaboration among state and
local governments in developing intergovernmental communication
and information systems, and define the structure and
responsibilities of the information policy council;
(4) cooperate and collaborate with the legislative and
judicial branches in the development of information and
communications systems in those branches;
(5) continue the development of North Star, the state's
official comprehensive online service and information
initiative;
(6) promote and collaborate with the state's agencies in
the state's transition to an effectively competitive
telecommunications market;
(7) collaborate with entities carrying out education and
lifelong learning initiatives to assist Minnesotans in
developing technical literacy and obtaining access to ongoing
learning resources;
(8) promote and coordinate public information access and
network initiatives, consistent with chapter 13, to connect
Minnesota's citizens and communities to each other, to their
governments, and to the world;
(9) promote and coordinate electronic commerce initiatives
to ensure that Minnesota businesses and citizens can
successfully compete in the global economy;
(10) promote and coordinate the regular and periodic
reinvestment in the core information and communications
technology infrastructure so that state and local government
agencies can effectively and efficiently serve their customers;
(11) facilitate the cooperative development of standards
for information systems, electronic data practices and privacy,
and electronic commerce among international, national, state,
and local public and private organizations; and
(12) work with others to avoid unnecessary duplication of
existing services or activities provided by other public and
private organizations while building on the existing
governmental, educational, business, health care, and economic
development infrastructures.
Sec. 42. Minnesota Statutes 1997 Supplement, section
16E.03, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of sections
16E.03 to 16E.05, the following terms have the meanings given
them.
(a) "Information and communications technology activity
project" means the development or acquisition of information and
communications technology devices and systems, but does not
include MNet or its contractors.
(b) "Data processing device or system" means equipment or
computer programs, including computer hardware, firmware,
software, and communication protocols, used in connection with
the processing of information through electronic data processing
means, and includes data communication devices used in
connection with computer facilities for the transmission of data.
(c) "State agency" means an agency in the executive branch
of state government and includes the Minnesota higher education
services office.
Sec. 43. Minnesota Statutes 1997 Supplement, section
16E.03, subdivision 3, is amended to read:
Subd. 3. [EVALUATION AND APPROVAL.] A state agency may not
undertake an information and communications technology
activity project until it has been evaluated according to the
procedures developed under subdivision 4. The governor or
governor's designee shall give written approval of the proposed
activity project. If the proposed activity project is not
approved, the commissioner of finance shall cancel the
unencumbered balance of any appropriation allotted for
the activity project. This subdivision does not apply to
acquisitions or development of information and communications
systems that have anticipated total cost of less than $100,000.
The Minnesota state colleges and universities shall submit for
approval any activity project related to acquisitions or
development of information and communications systems that has a
total anticipated cost of more than $250,000.
Sec. 44. Minnesota Statutes 1997 Supplement, section
16E.03, subdivision 4, is amended to read:
Subd. 4. [EVALUATION PROCEDURE.] The executive director
shall establish and, as necessary, update and modify procedures
to evaluate information and communications activities projects
proposed by state agencies. The evaluation procedure must
assess the necessity, design and plan for development, ability
to meet user requirements, feasibility, and flexibility of the
proposed data processing device or system, its relationship to
other state data processing devices or systems, and its costs
and benefits when considered by itself and when compared with
other options.
Sec. 45. Minnesota Statutes 1997 Supplement, section
16E.03, subdivision 5, is amended to read:
Subd. 5. [REPORT TO LEGISLATURE.] The executive director
shall submit to the legislature, in the information technology
at the same time as the governor's budget required by section
16A.11, a concise narrative explanation of the activity any
information and communication technology project that involves
collaboration between state agencies and a request for any
additional appropriation necessary to complete the activity an
explanation of how the budget requests of the several agencies
collaborating on the project relate to each other.
Sec. 46. Minnesota Statutes 1997 Supplement, section
16E.07, subdivision 3, is amended to read:
Subd. 3. [ACCESS TO DATA.] The legislature determines that
the greatest possible access to certain government information
and data is essential to allow citizens to participate fully in
a democratic system of government. Certain information and
data, including, but not limited to the following, must be
provided free of charge or for a nominal cost associated with
reproducing the information or data:
(1) directories of government services and institutions,
including an electronic version of the guidebook to state agency
services published by the commissioner of administration;
(2) legislative and rulemaking information, including an
electronic version of the State Register, public information
newsletters, bill text and summaries, bill status information,
rule status information, meeting schedules, and the text of
statutes and rules;
(3) supreme court and court of appeals opinions and general
judicial information;
(4) opinions of the attorney general;
(5) campaign finance and public disclosure board and
election information;
(6) public budget information;
(7) local government documents, such as codes, ordinances,
minutes, meeting schedules, and other notices in the public
interest;
(8) official documents, releases, speeches, and other
public information issued by government agencies; and
(9) the text of other government documents and publications
that government agencies determine are important to public
understanding of government activities.
Sec. 47. Minnesota Statutes 1996, section 17.03,
subdivision 11, is amended 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 report to the
legislature on the performance report required under section
15.91 to increase the efficiency of agency operations, when
appropriate and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10,
subdivision 1; 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 and improve
the performance of the department.
Sec. 48. Minnesota Statutes 1996, section 43A.04,
subdivision 1a, is amended 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 report to the
legislature on the performance report required under section
15.91 to increase the efficiency of agency operations, when
appropriate and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10,
subdivision 1; 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 and improve
the performance of the department.
Sec. 49. Minnesota Statutes 1996, section 43A.17,
subdivision 8, is amended to read:
Subd. 8. [ACCUMULATED VACATION LEAVE.] The commissioner of
employee relations shall not agree to a collective bargaining
agreement or recommend a compensation plan pursuant to section
43A.18, subdivisions 1, 2, 3, and 4, nor shall an arbitrator
issue an award under sections 179A.01 to 179A.25, if the
compensation plan, agreement, or award permits an employee to
convert accumulated vacation leave into cash before separation
from state service.
This section does not prohibit the commissioner from
negotiating a collective bargaining agreement or recommending
approval of a compensation plan which: (1) permits an employee
to receive payment for accumulated vacation leave upon beginning
an unpaid leave of absence approved for more than one year in
duration if the leave of absence is not for the purpose of
accepting an unclassified position in state civil service; or
(2) permits an employee to receive payment for accumulated
vacation leave upon layoff.
Sec. 50. Minnesota Statutes 1997 Supplement, section
43A.30, subdivision 5, is amended to read:
Subd. 5. [ADMINISTRATION.] The commissioner of employee
relations may administer the employee insurance program. The
commissioner may assess agencies, and employers of persons
eligible for state-paid insurance and benefits under section
43A.24, the cost of these administrative services, including
diagnostic and referral services provided by the employee
assistance program under section 16B.39, and include it in the
amounts billed for life insurance, hospital, medical, and dental
benefits, and optional coverages authorized. Receipts from the
assessments must be deposited in the state treasury and credited
to a special account in the employee insurance trust fund and
are appropriated to the commissioner to pay these administrative
costs.
Sec. 51. Minnesota Statutes 1996, section 43A.317,
subdivision 8, is amended to read:
Subd. 8. [PREMIUMS.] (a) [PAYMENTS.] Employers enrolled
in the program shall pay premiums according to terms established
by the commissioner. If an employer fails to make the required
payments, the commissioner may cancel coverage and pursue other
civil remedies.
(b) [RATING METHOD.] The commissioner shall determine the
premium rates and rating method for the program. The rating
method for eligible small employers must meet or exceed the
requirements of chapter 62L. The rating methods must recover in
premiums all of the ongoing costs for state administration and
for maintenance of a premium stability and claim fluctuation
reserve. Premiums must be established so as to recover and
repay within five years after July 1, 1993, any direct
appropriations received to provide start-up administrative
costs. Premiums must be established so as to recover and repay
within five years after July 1, 1993, any direct appropriations
received to establish initial reserves. On June 30, 1999, after
paying all necessary and reasonable expenses, the commissioner
must apply up to $2,075,000 of any remaining balance in the
Minnesota employees' insurance trust fund to repayment of any
amounts drawn or expended for this program from the health care
access fund.
(c) [TAXES AND ASSESSMENTS.] To the extent that the
program operates as a self-insured group, the premiums paid to
the program are not subject to the premium taxes imposed by
sections 60A.15 and 60A.198, but the program is subject to a
Minnesota comprehensive health association assessment under
section 62E.11.
Sec. 52. Minnesota Statutes 1996, 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 report to the
legislature on the performance report required under section
15.91 to increase the efficiency of agency operations, when
appropriate and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10,
subdivision 1; 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 and improve
the performance of the department.
Sec. 53. Minnesota Statutes 1996, section 84.027,
subdivision 14, is amended 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 report to the
legislature on the performance report required under section
15.91 to increase the efficiency of agency operations when
appropriate and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10,
subdivision 1; 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 and improve
the performance of the department.
Sec. 54. Minnesota Statutes 1996, section 116.03,
subdivision 2a, is amended 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 report to the
legislature on the performance report required under section
15.91 to increase the efficiency of agency operations, when
appropriate and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10,
subdivision 1; 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 and improve the
performance of the agency.
Sec. 55. Minnesota Statutes 1996, 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 report to the
legislature on the performance report required under section
15.91 to increase the efficiency of agency operations, when
appropriate and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10,
subdivision 1; 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 and improve
the performance of the department.
Sec. 56. Minnesota Statutes 1997 Supplement, 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. The public schools of
this state shall serve the needs of the students by cooperating
with the students' parents and legal guardians to develop the
students' intellectual capabilities and lifework skills in a
safe and positive environment. 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 report to the
legislature on the performance report required under section
15.91 to increase the efficiency of agency operations, when
appropriate and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10,
subdivision 1; 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 and improve
the performance of the department.
Sec. 57. Minnesota Statutes 1996, section 144.05,
subdivision 2, is amended to read:
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 report to the
legislature on the performance report required under section
15.91 to increase the efficiency of agency operations, when
appropriate and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10,
subdivision 1; 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 and improve
the performance of the department.
Sec. 58. Minnesota Statutes 1996, section 174.02,
subdivision 1a, is amended 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 report to the
legislature on the performance report required under section
15.91 to increase the efficiency of agency operations, when
appropriate and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10,
subdivision 1; 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 and improve
the performance of the department.
Sec. 59. Minnesota Statutes 1996, section 175.001,
subdivision 6, is amended 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 report to the
legislature on the performance report required under section
15.91 to increase the efficiency of agency operations, when
appropriate and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10,
subdivision 1; 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 and improve
the performance of the department.
Sec. 60. Minnesota Statutes 1996, section 190.09,
subdivision 2, is amended to read:
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 report to the
legislature on the performance report required under section
15.91 to increase the efficiency of agency operations, when
appropriate and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10,
subdivision 1; 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 and improve
the performance of the department.
Sec. 61. Minnesota Statutes 1996, section 196.05,
subdivision 2, is amended to read:
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 report to the
legislature on the performance report required under section
15.91 to increase the efficiency of agency operations, when
appropriate and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10,
subdivision 1; 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 and improve
the performance of the department.
Sec. 62. Minnesota Statutes 1996, section 216A.07,
subdivision 6, is amended 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 report to the
legislature on the performance report required under section
15.91 to increase the efficiency of agency operations, when
appropriate and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10,
subdivision 1; 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 and improve
the performance of the department.
Sec. 63. Minnesota Statutes 1997 Supplement, section
241.01, subdivision 3b, is amended 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 report to the
legislature on the performance report required under sections
15.91 and 241.015 to increase the efficiency of agency
operations, when appropriate and the accomplishment of agency
goals in the agency's biennial budget according to section
16A.10, subdivision 1; and
(7) recommend to the legislature, in the performance report
of the department required under sections 15.91 and 241.015,
appropriate changes in law necessary to carry out the
mission and improve the performance of the department.
Sec. 64. Minnesota Statutes 1997 Supplement, section
245.03, subdivision 2, is amended to read:
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, including the authority to consolidate
different nonentitlement grant programs, having similar
functions or serving similar populations, as may be determined
by the commissioner, while protecting the original purposes of
the programs. Nonentitlement grant funds consolidated by the
commissioner shall be reflected in the department's biennial
budget. With approval of the commissioner, vendors who are
eligible for funding from any of the commissioner's granting
authority under section 256.01, subdivision 2, paragraph (1),
clause (f), may submit a single application for a grant
agreement including multiple awards;
(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 report to the
legislature on the performance report required under section
15.91 to increase the efficiency of agency operations, when
appropriate and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10,
subdivision 1; 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 and improve
the performance of the department.
Sec. 65. Minnesota Statutes 1996, section 268.0122,
subdivision 6, is amended 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 report to the
legislature on the performance report required under section
15.91 to increase the efficiency of agency operations, when
appropriate and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10,
subdivision 1; 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 and improve
the performance of the department.
Sec. 66. Minnesota Statutes 1996, section 270.02,
subdivision 3a, is amended 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 report to the
legislature on the performance report required under section
15.91 to increase the efficiency of agency operations, when
appropriate and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10,
subdivision 1; 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 and improve
the performance of the department.
Sec. 67. Minnesota Statutes 1997 Supplement, section
270.063, subdivision 1, is amended to read:
Subdivision 1. [APPROPRIATION.] For the purpose of
collecting delinquent state tax liabilities or debts as defined
in section 16D.02, subdivision 3, there is appropriated to the
commissioner of revenue an amount representing the cost of
collection by contract with collection agencies, revenue
departments of other states, or attorneys to enable the
commissioner to reimburse these agencies, departments, or
attorneys for this service. The commissioner shall report
quarterly on the status of this program to the chair of the
house tax and appropriation committees and senate tax and
finance committees.
Sec. 68. Minnesota Statutes 1996, section 299A.01,
subdivision 1a, is amended 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 report to the
legislature on the performance report required under section
15.91 to increase the efficiency of agency operations, when
appropriate and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10,
subdivision 1; 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 and improve
the performance of the department.
Sec. 69. [325G.52] [CONSUMER EDUCATION; TELEMARKETING
FRAUD.]
Subdivision 1. [ESTABLISHMENT.] The attorney general shall
establish an outreach advocacy network to educate citizens of
the state with respect to telemarketing fraud.
Subd. 2. [DUTIES.] The advocacy network shall:
(1) conduct clinics and seminars throughout the state to
educate consumers with respect to telemarketing fraud, including
providing an explanation of rights under federal and state law,
and recommending effective strategies to combat fraud, with
particular emphasis placed on educating consumers in greater
Minnesota and isolated areas of the state where victims may be
targeted;
(2) facilitate outreach to groups particularly susceptible
to telemarketing fraud by training advocates for senior citizens
and other consumer groups to conduct clinics and seminars in
their communities;
(3) prepare and publish informational brochures on
telemarketing fraud for distribution to consumers;
(4) serve as an information clearinghouse within the state
to assist consumers and others to obtain information with
respect to current fraudulent telemarketing activity in the
state;
(5) serve as a resource and provide assistance to local
prosecutors and law enforcement; and
(6) identify those occupations in which persons may be in a
good position to spot telemarketing fraud, and develop
specialized training programs for those persons.
Sec. 70. Minnesota Statutes 1996, section 349A.06, is
amended by adding a subdivision to read:
Subd. 12. [RETAILER BONUS.] The director may adopt a plan
whereby eligible lottery retailers will receive a bonus payment,
in addition to commissions or incentives earned for the sale of
lottery tickets, if total lottery sales for a fiscal year
increase when compared to the total lottery sales for the
previous fiscal year. The bonus payment shall be no more than
ten percent of any increase in total lottery sale, which shall
be paid to active lottery retailers at the end of a fiscal year
on the basis of each lottery retailer's market share.
Sec. 71. Minnesota Statutes 1996, section 349A.10,
subdivision 3, is amended to read:
Subd. 3. [LOTTERY OPERATIONS.] (a) The director shall
establish a lottery operations account in the lottery fund. The
director shall pay all costs of operating the lottery, including
payroll costs or amounts transferred to the state treasury for
payroll costs, but not including lottery prizes, from the
lottery operating account. The director shall credit to the
lottery operations account amounts sufficient to pay the
operating costs of the lottery.
(b) The director may not credit in fiscal year 1993 amounts
to the lottery operations account which when totaled exceed 14.5
percent of gross revenue to the lottery fund. Except as
provided in paragraph (e), the director may not credit in any
fiscal year thereafter amounts to the lottery operations account
which when totaled exceed 15 percent of gross revenue to the
lottery fund in that fiscal year. In computing total amounts
credited to the lottery operations account under this paragraph
the director shall disregard amounts transferred to or retained
by lottery retailers as sales commissions or other compensation.
(c) The director of the lottery may not expend after July
1, 1991, more than 2-3/4 percent of gross revenues in a fiscal
year for contracts for the preparation, publication, and
placement of advertising.
(d) Except as the director determines, the lottery is not
subject to chapter 16A relating to budgeting, payroll, and the
purchase of goods and services.
(e) In addition to the amounts credited to the lottery
operations account under paragraph (b), the director is
authorized, if necessary, to meet the current obligations of the
lottery and to credit up to 25 percent of an amount equal to the
average annual amount which was authorized to be credited to the
lottery operations account for the previous three fiscal years
but was not needed to meet the obligations of the lottery.
Sec. 72. Minnesota Statutes 1996, section 349A.11, is
amended to read:
349A.11 [CONFLICT OF INTEREST.]
Subdivision 1. [LOTTERY TICKET; RETAILER.] (a) The
director, an employee of the lottery, a member of the immediate
family of the director or employee residing in the same
household may not:
(1) purchase a lottery ticket; or
(2) have any personal pecuniary interest in any vendor
holding a lottery procurement contract, or in any lottery
retailer; or
(3) receive any gift, gratuity, or other thing of value,
excluding food or beverage, from any lottery vendor or lottery
retailer, or person applying to be a retailer or vendor, in
excess of $100 in any calendar year.
Subd. 2. [GIFTS.] The director or an employee of the
lottery in the unclassified service may not accept a gift the
acceptance of which by an official would be prohibited by
section 10A.071.
Subd. 3. [PENALTY.] (b) A violation of paragraph
(a) subdivision 1, clause (1), is a misdemeanor. A violation of
paragraph (a) subdivision 1, clause (2), is a gross
misdemeanor. A violation of paragraph (a) subdivision 1, clause
(3), is a misdemeanor unless the gift, gratuity, or other item
of value received has a value in excess of $500, in which case a
violation is a gross misdemeanor.
Subd. 4. [FUTURE EMPLOYMENT.] (c) The director or an
unclassified employee of the lottery may not, within one year
two years of terminating employment with the lottery, accept
employment with, act as an agent or attorney for, or otherwise
represent any person, corporation, or entity that had any
lottery procurement contract or bid for a lottery procurement
contract with before the lottery within a period of two years
prior to the termination of their employment. A violation of
this paragraph is a misdemeanor.
Sec. 73. [349A.16] [LOTTERY RETAILER COMMISSIONS.]
The director of the state lottery shall: (1) increase
commissions paid to lottery retailers in effect on January 1,
1998, by one-half percent on the price of each ticket sold by
each retailer; and (2) provide that each lottery retailer
receive a commission of at least one percent on the amount of
each winning ticket cashed by that retailer. The director of
the state lottery shall periodically review lottery ticket sales
and make such adjustments to lottery retailer commission rates
as are deemed necessary to maintain appropriate return to the
state.
Sec. 74. Minnesota Statutes 1996, section 352D.12, is
amended to read:
352D.12 [TRANSFER OF PRIOR SERVICE CONTRIBUTIONS.]
(a) An employee who is a participant in the unclassified
program and who has prior service credit in a covered plan under
chapters 3A, 352, 352C, 353, 354, 354A, and 422A may, within the
time limits specified in this section, elect to transfer to the
unclassified program prior service contributions to one or more
of those plans. Participants with six or more years of prior
service credit in a plan governed by chapter 3A or 352C on July
1, 1998, may not transfer prior service contributions.
Participants with less than six years of prior service credit in
a plan governed by chapter 3A or 352C on July 1, 1998, must be
contributing to the unclassified plan on or after January 5,
1999, in order to transfer prior contributions.
(b) For participants with prior service credit in a plan
governed by chapter 352, 353, 354, 354A, or 422A, "prior service
contributions" means the accumulated employee and equal employer
contributions with interest at an annual rate of 8.5 percent
compounded annually, based on fiscal year balances. For
participants with less than six years of service credit as of
July 1, 1998, and with prior service credit in a plan governed
by chapter 3A or 352C, "prior service contributions" means twice
the amount of the accumulated member contributions plus annual
compound interest at the rate of 8.5 percent, computed on fiscal
year balances.
(c) If a participant has taken a refund from a fund
retirement plan listed in this section, the participant may
repay the refund to that fund plan, notwithstanding any
restrictions on repayment to that fund plan, plus 8.5 percent
interest compounded annually and have the accumulated employee
and equal employer contributions transferred to the unclassified
program with interest at an annual rate of 8.5 percent
compounded annually based on fiscal year balances. If a person
repays a refund and subsequently elects to have the money
transferred to the unclassified program, the repayment amount,
including interest, is added to the fiscal year balance in the
year which the repayment was made.
(d) A participant electing to transfer prior service
contributions credited to a retirement plan governed by chapter
352, 353, 354, 354A, or 422A as provided under this section must
complete the application for the transfer and repay any refund
within one year of July 1, 1985 or the commencement of the
employee's participation in the unclassified program, whichever
is later. A participant electing to transfer prior service
contributions credited to a retirement plan governed by chapter
3A or 352C as provided under this section must complete the
application for the transfer and repay any refund between
January 5, 1999, and June 1, 1999, if the employee commenced
participation in the unclassified program before January 5,
1999, or within one year of the commencement of the employee's
participation in the unclassified program if the employee
commenced participation in the unclassified program after
January 4, 1999.
Sec. 75. Minnesota Statutes 1997 Supplement, section
357.021, subdivision 1a, is amended to read:
Subd. 1a. (a) Every person, including the state of
Minnesota and all bodies politic and corporate, who shall
transact any business in the district court, shall pay to the
court administrator of said court the sundry fees prescribed in
subdivision 2. Except as provided in paragraph (d), the court
administrator shall transmit the fees monthly to the state
treasurer for deposit in the state treasury and credit to the
general fund.
(b) In a county which has a screener-collector position,
fees paid by a county pursuant to this subdivision shall be
transmitted monthly to the county treasurer, who shall apply the
fees first to reimburse the county for the amount of the salary
paid for the screener-collector position. The balance of the
fees collected shall then be forwarded to the state treasurer
for deposit in the state treasury and credited to the general
fund. In a county in the eighth judicial district which has a
screener-collector position, the fees paid by a county shall be
transmitted monthly to the state treasurer for deposit in the
state treasury and credited to the general fund. A
screener-collector position for purposes of this paragraph is an
employee whose function is to increase the collection of fines
and to review the incomes of potential clients of the public
defender, in order to verify eligibility for that service.
(c) No fee is required under this section from the public
authority or the party the public authority represents in an
action for:
(1) child support enforcement or modification, medical
assistance enforcement, or establishment of parentage in the
district court, or child or medical support enforcement
conducted by an administrative law judge in an administrative
hearing under section 518.5511;
(2) civil commitment under chapter 253B;
(3) the appointment of a public conservator or public
guardian or any other action under chapters 252A and 525;
(4) wrongfully obtaining public assistance under section
256.98 or 256D.07, or recovery of overpayments of public
assistance;
(5) court relief under chapter 260;
(6) forfeiture of property under sections 169.1217 and
609.531 to 609.5317;
(7) recovery of amounts issued by political subdivisions or
public institutions under sections 246.52, 252.27, 256.045,
256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and
260.251, or other sections referring to other forms of public
assistance; or
(8) restitution under section 611A.04; or
(9) actions seeking monetary relief in favor of the state
pursuant to section 16D.14, subdivision 5.
(d) The fees collected for child support modifications
under subdivision 2, clause (13), must be transmitted to the
county treasurer for deposit in the county general fund. The
fees must be used by the county to pay for child support
enforcement efforts by county attorneys.
Sec. 76. Minnesota Statutes 1996, section 357.022, is
amended to read:
357.022 [CONCILIATION COURT FEE.]
The court administrator in every county shall charge and
collect a filing fee of $15 where the amount demanded is less
than $2,000 and $25 where the amount demanded is $2,000 or more
from every plaintiff and from every defendant when the first
paper for that party is filed in any conciliation court action.
This section does not apply to conciliation court actions filed
by the state. The court administrator shall transmit the fees
monthly to the state treasurer for deposit in the state treasury
and credit to the general fund.
Sec. 77. Minnesota Statutes 1996, section 363.05,
subdivision 3, is amended 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 report to the
legislature on the performance report required under section
15.91 to increase the efficiency of agency operations, when
appropriate and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10,
subdivision 1; 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 and improve
the performance of the department.
Sec. 78. Minnesota Statutes 1997 Supplement, section
394.232, subdivision 5, is amended to read:
Subd. 5. [REVIEW AND COMMENT.] (a) The county or joint
planning district shall submit its community-based comprehensive
plan to the office of strategic and long-range planning for
review of the extent to which the plan promotes local citizen
participation, promotes cooperation among adjacent communities,
and demonstrates consideration of the community-based planning
goals in section 4A.08. The plan is deemed approved 60 days
after submittal to the office, unless the office disagrees with
the plan as provided in paragraph (c) The office has 60 days
after submittal to comment on the plan.
(b) The office may not disapprove a community-based
comprehensive plan if the office determines that the plan meets
the requirements of this section promotes local citizen
participation, promotes cooperation among adjacent communities,
and demonstrates consideration of the community-based planning
goals in section 4A.08.
(c) If the office disagrees with a community-based
comprehensive plan or any elements of the plan, the office shall
notify the county or district in writing of the plan
deficiencies and suggested changes how the plan specifically
fails to address the goals of community-based planning. Upon
receipt of the office's written comments, the county or district
has 60 120 days to revise the community-based comprehensive plan
and resubmit it to the office for reconsideration.
(d) If the county or district refuses to revise the plan or
the office disagrees with the revised plan, the office shall
within 60 days notify the county or district that it wishes to
initiate the dispute resolution process in chapter 572A.
(e) Within 30 60 days of notice from the office, the county
or joint planning district shall notify the office of its intent
to enter the dispute resolution process. If the county or
district refuses to enter the dispute resolution process, the
county or district shall refund any state grant received for is
ineligible for any future grant disbursements related to
community-based planning activities through the office.
(f) Priority for other state grants, loans, and other
discretionary spending must not be given to local units of
government based on their participation in community-based
planning.
Sec. 79. Minnesota Statutes 1996, section 469.177,
subdivision 11, is amended to read:
Subd. 11. [DEDUCTION FOR ENFORCEMENT COSTS;
APPROPRIATION.] (a) The county treasurer shall deduct an amount
equal to 0.1 0.25 percent of any increment distributed to an
authority or municipality. The county treasurer shall pay the
amount deducted to the state treasurer for deposit in the state
general fund.
(b) The amounts deducted and paid under paragraph (a) are
appropriated to the state auditor for the cost of (1) the
financial reporting of tax increment financing information and
(2) the cost of examining and auditing of authorities' use of
tax increment financing as provided under section 469.1771,
subdivision 1. Notwithstanding section 16A.28 or any other law
to the contrary, this appropriation does not cancel and remains
available until spent.
Sec. 80. [SETTLEMENT DIVISION; TRANSFER OF JUDGES.]
The office of administrative hearings shall establish a
settlement division. The workers' compensation judges at the
department of labor and industry, together with their support
staff, offices, furnishings, equipment, and supplies, are
transferred to the settlement division of the office of
administrative hearings. Minnesota Statutes, section 15.039,
applies to the transfer of employees. The settlement division
of the office of administrative hearings shall maintain offices
in the cities of St. Paul, Duluth, and Detroit Lakes. The
office of a judge in the settlement division of the office of
administrative hearings and the support staff of the judge may
be located in a building that contains offices of the department
of labor and industry. The seniority of a workers' compensation
judge at the office of administrative hearings, after the
transfer, shall be based on the total length of service as a
judge at either agency. For purposes of the commissioner's plan
under Minnesota Statutes, section 43A.18, subdivision 2, all
compensation judges at the office of administrative hearings
shall be considered to be in the same employment condition, the
same organizational unit and qualified for work in either
division.
Sec. 81. [TRANSFER.]
Subdivision 1. [DUTIES AFFECTED.] (a) The powers and
duties assigned to the workers' compensation judges at the
department of labor and industry on July 1, 1997, are
transferred from the commissioner of labor and industry to the
chief administrative law judge in the office of administrative
hearings. The chief administrative law judge may assign the
transferred powers and duties to the workers' compensation
judges in the settlement division of the office of
administrative hearings. These powers and duties include the
following:
(1) the authority to conduct settlement conferences and
issue summary decisions;
(2) the authority to approve settlement agreements and
issue orders on agreements;
(3) the authority to conduct administrative discontinuance
conferences, make determinations and issue orders regarding the
discontinuance disputes;
(4) the authority to issue orders on motions and conduct
special term evidentiary hearings related to the motions;
(5) the authority to approve attorney fees and award
taxable costs;
(6) the authority to make allocations of dependency
benefits;
(7) the authority to issue temporary orders;
(8) the authority to make an award regarding the remodeling
of the residence of a handicapped employee;
(9) the authority to conduct administrative conferences,
make determinations and issue orders regarding medical disputes
except where the amount in dispute is $1,500 or less;
(10) the authority to conduct administrative conferences;
and
(11) the authority to conduct administrative conferences,
make determinations and issue orders regarding any medical or
rehabilitation dispute where the commissioner of the department
of labor and industry determines that the issues involved should
be determined by a judge.
The other powers and duties of the commissioner of labor
and industry are unchanged by this section.
(b) The transfer of the power and duty to conduct
settlement conferences and approve settlement agreements does
not affect the ability of the commissioner of the department of
labor and industry to provide voluntary mediation services and
approve mediation agreements. The powers and duties assigned to
the customer assistance teams on July 1, 1997, shall remain at
the department of labor and industry. These powers shall
include:
(1) the authority to conduct voluntary mediation sessions;
(2) the authority to review mediation agreements and issue
mediation awards;
(3) the authority to conduct administrative conferences,
make determinations, and issue orders regarding rehabilitation
services and plans;
(4) the authority to conduct administrative conferences,
make determinations, and issue orders regarding medical disputes
when the amount in dispute is $1,500 or less; and
(5) the authority to award interest in any matter decided
by the commissioner.
Subd. 2. [REFERRAL.] Within ten days of filing, the
commissioner shall refer all claim petitions and petitions for
temporary orders, statements of attorney fees, objections to
penalty assessments, and any other formal petitions or related
filings, to the settlement division of the office of
administrative hearings for review by a compensation judge, the
compensation judge shall determine whether a settlement
conference or other action is appropriate. Within ten days of
filing, the commissioner shall refer all medical requests except
where the amount in dispute is $1,500 or less, to the settlement
division of the office of administrative hearings for
administrative conference.
Subd. 3. [PROHIBITION.] The commissioner of administration
may not use authority in Minnesota Statutes, section 16B.37, nor
may any other executive branch official use this or any other
authority, to transfer powers, duties, work, or employees
relating to workers compensation judges.
Subd. 4. [EXPIRATION.] Subdivisions 2 and 3 expire
February 15, 1999.
Sec. 82. [TRANSFER OF FUNDS.]
The commissioner of finance shall, after consultation with
the commissioner of the department of labor and industry and the
chief administrative law judge, make the appropriate transfer of
funds from the department of labor and industry to the office of
administrative hearings. The funds transferred shall be
sufficient to provide for the smooth operation of the settlement
division and pay the salaries of all personnel transferred to
the office of administrative hearings plus the salaries for any
judge or support staff positions that were filled on October 1,
1997, but are vacant on the effective date of this act. The
commissioner of finance shall report to the legislature if the
appropriation for the department of labor and industry is
insufficient following the transfer of funds. This section
expires February 15, 1999.
Sec. 83. [SMALL CLAIMS COURT TRANSFER.]
The small claims court at the department of labor and
industry is transferred to the office of administrative hearings.
Sec. 84. [NO EFFECT ON CERTAIN AGREEMENTS.]
Sections 80 to 83 do not abrogate or modify the terms of a
memorandum of understanding entered into by the state and an
exclusive representative of state employees affected by the
transfer of duties in sections 80 to 83.
Sec. 85. [PORTRAIT.]
If a private donor provides or provides funds for a museum
quality portrait of Rudy and Lola Perpich based on the portrait
currently on display at the Minnesota historical society, the
state must accept the gift. The commissioner of administration
shall substitute the portrait of Rudy and Lola Perpich for the
portrait of Governor Rudy Perpich that currently is displayed on
the ground floor of the state capitol.
Sec. 86. [LIVESTOCK INDUSTRY ENVIRONMENTAL STEERING
COMMITTEE.]
Subdivision 1. [COMMITTEE.] The environmental quality
board shall establish the livestock industry environmental
steering committee consisting of representatives of the
livestock industry, environmental interests, and other
stakeholders. The livestock environmental steering committee
shall advise the environmental quality board on the scope and
content of the generic environmental impact statement required
in subdivision 2.
Compensation of members and reimbursement of their expenses
is governed by Minnesota Statutes, section 15.059. The
committee expires upon completion of the generic environmental
impact statement required in subdivision 2 and presentation of
the final report to the legislature.
Subd. 2. [GENERIC ENVIRONMENTAL IMPACT STATEMENT.] A
generic environmental impact statement must be prepared under
the direction of the environmental quality board to examine the
long-term effects of the livestock industry as it exists and as
it is changing on the economy, environment, and way of life of
Minnesota and its citizens. The study may address:
(1) the overall dimensions of animal agriculture in
Minnesota, including species of livestock; an inventory of
numbers, types, and locations of facilities; and the related
support networks and economic activity involved in the life
cycles of livestock;
(2) environmental issues associated with livestock
production from growing feed to raising the animals to their
shipment to their processing and sale to consumer; effects on
air, groundwater, surface water, land, and other aspects of the
environment both within and without the state examined and
correlated to various management practices, facilities, and
other variables affecting the environment;
(3) economic issues such as the various financial and
ownership arrangements currently or potentially used in the
industries, patterns of vertical integration, size, long-term
sustainability of various forms of ownership and production
methods, access to markets, current and anticipated financial
trends, effects of governmental policies, and comparative
economic impact of alternative means of production; and
(4) the roles of various units of government in regulation
of various aspects of feedlot operation including federal,
state, interstate bodies, counties, townships, soil conservation
districts, watershed districts, and others with planning,
zoning, or environmental responsibilities.
Subd. 3. [EXPIRATION.] This section expires on June 30,
2001.
Sec. 87. [DEADLINE FOR COMPLIANCE.]
The technology access standards required by section 27 must
be developed by January 1, 1999, and a requirement for
compliance with nonvisual access standards must be included in
all contracts covered by that section entered into after
December 31, 1998. Compliance with section 27 in regard to
information and technology purchased before January 1, 1999,
must be achieved at the time of procurement of an upgrade or
replacement of the existing equipment or software.
Sec. 88. [RULE EFFECTIVE DATE.]
Rules adopted after February 28, 1998, under Minnesota
Statutes, section 16B.165 or 216C.19, subdivision 8, or rules
changing the Minnesota Uniform Mechanical Code, may not take
effect before May 1, 1999.
Sec. 89. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall change the term "settlement
judge" to "compensation judge" wherever it appears in Minnesota
Statutes and Minnesota Rules.
Sec. 90. [REPEALER.]
Minnesota Statutes 1996, section 3.971, subdivision 3; and
Minnesota Statutes 1997 Supplement, sections 16A.11,
subdivisions 3b and 3c; and 241.015, are repealed.
Sec. 91. [EFFECTIVE DATE.]
This act is effective the day following final enactment,
except sections 17, 18, 25, 46, and 73 are effective July 1,
1998; sections 28 and 69 are effective January 4, 1999; and
section 79 is effective for increments distributed to an
authority or municipality after June 30, 1998.
Presented to the governor April 2, 1998
Signed by the governor April 6, 1998, 2:50 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes