Minnesota Session Laws - 2002, Regular Session

                            CHAPTER 298-H.F.No. 3196 
                  An act relating to state government; department of 
                  administration; clarifying ethical provisions in state 
                  procurement law; authorizing the commissioner of 
                  administration to adopt rules relating to state 
                  archaeology; repealing obsolete technology authority; 
                  repealing statutory authority for the citizens council 
                  on Voyageurs National Park; amending Minnesota 
                  Statutes 2000, sections 16C.04, subdivisions 1, 2; 
                  138.31, by adding a subdivision; 138.36, by adding a 
                  subdivision; 138.38; 138.39; 138.41, subdivision 1; 
                  repealing Minnesota Statutes 2000, sections 13.6401, 
                  subdivision 3; 16B.415; 84B.11. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 16C.04, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DUTY.] An employee of the executive branch 
        involved directly or indirectly in the acquisition or grants 
        process, at any level, is subject to the code of ethics in 
        section 43A.38. 
           Sec. 2.  Minnesota Statutes 2000, section 16C.04, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CONFLICT OF INTEREST POLICY DEVELOPMENT.] (a) 
        The commissioner must develop policies regarding code of ethics 
        and conflict of interest designed to prevent conflicts of 
        interest for employees involved in the acquisition of goods, 
        services, and utilities or the award and administration of grant 
        contracts.  The policies must apply to employees who are 
        directly or indirectly involved in the acquisition of goods, 
        services, and utilities, developing requests for proposals, 
        evaluating bids or proposals, awarding the contract, selecting 
        the final vendor, drafting and entering into contracts, 
        evaluating performance under these contracts, and authorizing 
        payments under the contract.  
           (b) The policies must contain a process for making 
        employees aware of policy and laws relating to conflict of 
        interest, and for training employees on how to avoid and deal 
        with potential conflicts.  
           (c) The policies must contain a process under which an 
        employee who has a conflict of interest or a potential conflict 
        of interest must disclose the matter, and a process under which 
        work on the contract may be assigned to another employee if 
        possible.  
           Sec. 3.  Minnesota Statutes 2000, section 138.31, is 
        amended by adding a subdivision to read: 
           Subd. 15.  [COMMISSIONER.] "Commissioner" means the 
        commissioner of administration. 
           Sec. 4.  Minnesota Statutes 2000, section 138.36, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [REVIEW OF LICENSE DECISIONS.] Any person whose 
        application for a license under this section has been denied or 
        whose license has been modified, suspended, or revoked, may 
        appeal the decision within 30 days of receiving written notice 
        of the decision by filing a written request with the 
        commissioner for a contested case hearing under chapter 14.  If 
        the applicant does not request a contested case hearing within 
        30 days after receiving written notice of the decision, the 
        decision becomes final and the applicant may not appeal the 
        decision. 
           Sec. 5.  Minnesota Statutes 2000, section 138.38, is 
        amended to read: 
           138.38 [REPORTS OF STATE ARCHAEOLOGIST.] 
           The state archaeologist shall consult with and keep the 
        Indian affairs council and the director of the historical 
        society informed as to significant field archaeology, projected 
        or in progress, and as to significant discoveries made.  
        Annually, and also upon leaving office, the state archaeologist 
        shall file with the Indian affairs council and the director of 
        the historical society commissioner a full report of the 
        office's activities including a summary of the activities of 
        licensees, from the effective date hereof or from the date of 
        the last full report of the state archaeologist.  Copies of the 
        report must be sent upon completion to the Minnesota historical 
        society and the Indian affairs council, and made available to 
        other interested parties. 
           Sec. 6.  Minnesota Statutes 2000, section 138.39, is 
        amended to read: 
           138.39 [RULES.] 
           The director of the historical society commissioner may 
        make and issue such adopt rules, not inconsistent with law, as 
        may be required to carry out the provisions of sections 138.31 
        to 138.42.  In making such rules, they shall the commissioner 
        must consult with other agencies of the state whose activities 
        may be affected thereby by the rules. 
           Sec. 7.  Minnesota Statutes 2000, section 138.41, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [WILLFUL VIOLATIONS.] Whoever willfully 
        violates section 138.33, or willfully defaces, injures, 
        destroys, displaces, or removes any object or data belonging to 
        the state, or willfully interferes with evidence or work on any 
        state site or other site for which a license has been issued, or 
        willfully violates any other provision of sections 138.31 to 
        138.42, or the rules issued adopted by the director of the 
        historical society commissioner is guilty of a gross misdemeanor.
           Sec. 8.  [REPEALER.] 
           Minnesota Statutes 2000, sections 13.6401, subdivision 3; 
        and 16B.415, are repealed.  Minnesota Statutes 2000, section 
        84B.11, is repealed effective July 1, 2003. 
           Presented to the governor March 25, 2002 
           Signed by the governor March 26, 2002, 2:35 p.m.