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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

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                  obsolete rules, and removing references to repealed 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

Official Publication of the State of Minnesota
Revisor of Statutes