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1998 Minnesota Session Laws

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                            CHAPTER 366-S.F.No. 3354 
                  An act relating to the organization and operation of 
                  state government; appropriating money for the general 
                  administrative expenses of state government; modifying 
                  provisions relating to state government operations; 
                  modifying budget preparation provisions; modifying 
                  agency reporting; providing for certain reimbursement 
                  of the health care access fund; modifying the Debt 
                  Collection Act; requiring free Internet access to 
                  certain state publications; creating the construction 
                  codes advisory council and the livestock industry 
                  environmental steering committee; providing for 
                  consumer education on telemarketing fraud; modifying 
                  lottery provisions; creating a settlement division in 
                  the office of administrative hearings; transferring 
                  the small claims court; amending Minnesota Statutes 
                  1996, sections 3.3005, subdivision 2, and by adding a 
                  subdivision; 4.07, subdivision 3; 14.04; 14.46, 
                  subdivision 4; 15.91, subdivision 2; 16A.055, 
                  subdivision 6; 16A.10, as amended; 16A.11, subdivision 
                  3; 16A.72; 16B.04, subdivision 4; 16D.02, subdivision 
                  3; 16D.04, subdivisions 1 and 4; 16D.06, subdivision 
                  2; 16D.08, subdivision 2; 16D.11, as amended; 16D.14, 
                  subdivisions 2, 3, and 5; 16D.16; 17.03, subdivision 
                  11; 43A.04, subdivision 1a; 43A.17, subdivision 8; 
                  43A.317, subdivision 8; 45.012; 84.027, subdivision 
                  14; 116.03, subdivision 2a; 116J.011; 144.05, 
                  subdivision 2; 174.02, subdivision 1a; 175.001, 
                  subdivision 6; 190.09, subdivision 2; 196.05, 
                  subdivision 2; 216A.07, subdivision 6; 268.0122, 
                  subdivision 6; 270.02, subdivision 3a; 299A.01, 
                  subdivision 1a; 349A.06, by adding a subdivision; 
                  349A.10, subdivision 3; 349A.11; 352D.12; 357.022; 
                  363.05, subdivision 3; and 469.177, subdivision 11; 
                  Minnesota Statutes 1997 Supplement, sections 16A.103, 
                  subdivision 1; 16A.11, subdivision 1; 16E.01, 
                  subdivision 3; 16E.03, subdivisions 1, 3, 4, and 5; 
                  16E.07, subdivision 3; 43A.30, subdivision 5; 
                  120.0111; 241.01, subdivision 3b; 245.03, subdivision 
                  2; 270.063, subdivision 1; 357.021, subdivision 1a; 
                  and 394.232, subdivision 5; proposing coding for new 
                  law in Minnesota Statutes, chapters 16B; 16D; 325G; 
                  and 349A; repealing Minnesota Statutes 1996, section 
                  3.971, subdivision 3; Minnesota Statutes 1997 
                  Supplement, sections 16A.11, subdivisions 3b and 3c; 
                  and 241.015. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
        Section 1.  [STATE GOVERNMENT APPROPRIATIONS.] 
           The sums in the columns headed "APPROPRIATIONS" are 
        appropriated from the general fund, or another named fund, to 
        the agencies and for the purposes specified to be available for 
        the fiscal years indicated for each purpose. 
                                SUMMARY BY FUND
                                                  1998         1999
        General                           $    1,965,000 $   31,058,000
        Special Revenue                            -0-           15,000
        Natural Resources                          -0-           25,000
        Game and Fish                              -0-           33,000
        Trunk Highway                              -0-           55,000
        Lottery Prize                              -0-          750,000
                                                   APPROPRIATIONS 
                                               Available for the Year 
                                                   Ending June 30 
                                                  1998         1999 
        Sec. 2.  LEGISLATURE                                     25,000
        This appropriation is to the 
        legislative coordinating commission for 
        a grant to the Council of State 
        Governments to organize and fund a 
        series of meetings between members of 
        the Minnesota legislature and members 
        of the Manitoba and Ontario 
        parliaments.  Approximately six members 
        of each body may attend the meetings.  
        Meetings may involve all three bodies 
        or the legislature and one of the 
        parliaments.  The meetings shall be at 
        the capital cities of the state or of 
        the provinces. 
        Sec. 3.  ATTORNEY GENERAL                 -0-        24,100,000
        $23,000,000 is for overall core 
        functions. 
        $250,000 is for assistance to counties 
        for felony prosecutions, implied 
        consent hearings, community 
        notification of sex offenders, and 
        commitment of sexually dangerous 
        persons. 
        $250,000 is for gaming enforcement. 
        $500,000 is for legal services to state 
        agencies. 
        $100,000 is to educate citizens with 
        respect to telemarketing fraud, as 
        provided in new Minnesota Statutes, 
        section 325G.52.* (The preceding text 
        beginning "$250,000 is for assistance" 
        was vetoed by the governor.) 
        The commissioner of finance and the 
        attorney general shall convene a joint 
        executive-legislative task force to 
        evaluate: 
        (1) the availability of legal services 
        from the attorney general's office 
        necessary to meet the needs of state 
        government; 
        (2) the adequacy and suitability of the 
        current mechanism for funding legal 
        services; 
        (3) the appropriateness of billing 
        rates to cover the cost of legal 
        services; and 
        (4) the appropriateness of the current 
        process for setting billing rates. 
        In addition to representatives of the 
        commissioner and the attorney general, 
        the task force must include 
        representatives of partner and 
        nonpartner agencies receiving services 
        from the office of the attorney 
        general, legislative fiscal staff 
        representing committees responsible for 
        funding the office of the attorney 
        general, and the office of the 
        legislative auditor. 
        By November 15, 1998, the task force 
        shall report the progress and status of 
        its evaluation to the committees 
        responsible for funding the office of 
        the attorney general.  By January 15, 
        1999, the task force shall make a final 
        report to the committees responsible 
        for funding the office of the attorney 
        general.  The final report shall 
        identify proposed improvements in the 
        current funding system and make 
        recommendations to improve the 
        availability of legal services, the 
        funding of services, and the 
        accountability of legal costs by all 
        parties. 
        Sec. 4.  SECRETARY OF STATE                -0-          100,000
        This appropriation is to make necessary 
        changes to the statewide voter 
        registration system to facilitate 
        reassignment of voters to the correct 
        precinct and election districts 
        following legislative redistricting in 
        2002.  This appropriation is available 
        until June 30, 2000. 
        Sec. 5.  OFFICE OF STRATEGIC AND
        LONG-RANGE PLANNING                    1,215,000         85,000
        $15,000 is appropriated in fiscal year 
        1998 and $65,000 is appropriated in 
        fiscal year 1999 for census-related 
        activities. 
        $1,200,000 in fiscal year 1998 is for 
        purposes of section 86.  This 
        appropriation is available until June 
        30, 1999.  
        $20,000 in fiscal year 1999 is for a 
        grant to the southwest regional 
        development commission in region 8 to 
        assist local units of government with 
        the preparation of local land use plans.
        Sec. 6.  DEPARTMENT OF
        ADMINISTRATION                             -0-        4,900,000
        $4,371,000 is appropriated in fiscal 
        year 1999 for modifications of state 
        business systems to address year 2000 
        changes.  This appropriation is added 
        to the appropriation for technology 
        management in Laws 1997, chapter 202, 
        article 1, section 12, subdivision 7. 
        $150,000 is appropriated in fiscal year 
        1999 for the office of citizenship and 
        volunteer services for coordinating the 
        Minnesota alliance with youth 
        initiative. 
        $315,000 in fiscal year 1999 is for a 
        grant to Pioneer Public Television for 
        the construction of a noncommercial 
        television translator tower.  The 
        construction of this tower will 
        primarily enable the residents of Otter 
        Tail county to receive this 
        noncommercial television signal.  
        Before state funds are released for 
        this project, a license to operate this 
        facility must be granted by the Federal 
        Communications Commission.  In order to 
        qualify for this grant, Pioneer Public 
        Television must provide a match which 
        equals at least 25 percent of the total 
        project costs from nonstate government 
        sources. 
        $20,000 is for a portrait of Governor 
        Carlson. 
        $44,000 is for costs associated with 
        making the State Register and the 
        guidebook to state agency services 
        available on the Internet.  The 
        management analysis division of the 
        department of administration must 
        analyze the financial impacts of making 
        the State Register and the guidebook to 
        state agency services available on the 
        Internet on the department's bookstore 
        operation.  The division must report 
        its preliminary findings to the chairs 
        of the house and senate governmental 
        operations budget and finance divisions 
        by January 15, 1999.  A complete 
        analysis of fiscal impacts must be 
        submitted to these chairs by January 
        15, 2000. 
        Sec. 7.  DEPARTMENT OF EMPLOYEE 
        RELATIONS                                750,000         -0-   
        For transfer to the insurance trust 
        fund under Minnesota Statutes, section 
        43A.316, subdivision 9, for the 
        purposes stated in that subdivision.  
        The commissioner of employee relations 
        shall study and report to the 
        legislature by August 1, 1999, to:  (1) 
        determine what temporary state jobs 
        occupied by disabled individuals are 
        filled by able-bodied individuals when 
        the jobs become permanent; (2) examine 
        whether state agencies are in 
        compliance with state and federal law 
        in hiring qualified disabled 
        individuals; and (3) recommend any 
        assistance state agencies may need to 
        comply with applicable laws.  
        Sec. 8.  REVENUE                                       731,000 
        This appropriation is added to the 
        appropriation in Laws 1997, chapter 
        202, article 1, section 17, subdivision 
        8, and must be used for information 
        systems and to expand the Minnesota 
        collection enterprise office staff in 
        Ely.  The legislature estimates that 
        this appropriation will result in 
        increased revenue to the general fund 
        of $1,000,000 in fiscal year 1999. 
        Sec. 9.  AMATEUR SPORTS COMMISSION                     100,000  
        For a grant to the United States 
        Olympic Committee's Minnesota Olympic 
        development program to fund development 
        of a statewide winter sports program 
        for females and at-risk youth. 
        Sec. 10.  INSURANCE PREMIUM
        SUPPLEMENT                                -0-           435,000
                                SUMMARY BY FUND
        General                 -0-           307,000
        Water Recreation        -0-            23,000
        Snowmobile Trails and
        Enforcement             -0-             2,000
        Special Revenue         -0-            15,000
        Game and Fish           -0-            33,000
        Trunk Highway           -0-            55,000
        The amounts appropriated are to the 
        commissioner of finance for the second 
        year of the biennium for transfer to 
        agencies affected by cost increases due 
        to the extension of eligibility for 
        employer-paid premiums for health, 
        dental, and life insurance to part-time 
        seasonal employees as provided in 
        collective bargaining agreements for 
        the current biennium. 
        The schedule provided in the 1998 
        supplemental budget recommendation 
        detail page supporting the governor's 
        request for these appropriations must 
        be applied when determining base-level 
        funding of affected agencies for the 
        biennium ending June 30, 2001.  
        Sec. 11.  PUBLIC EMPLOYEES
        RETIREMENT ASSOCIATION                     -0-           10,000
        This appropriation is the state's share 
        of the contribution necessary to fund 
        the special surviving spouse benefit 
        authorized by H.F. No. 2970, article 2, 
        if enacted.  The amount is payable to 
        the public employees retirement 
        association within 30 days following 
        the receipt by that association of the 
        contribution by the city of St. Paul 
        under H.F. No. 2970, article 2, if 
        enacted. 
        Sec. 12.  MINNESOTA STATE 
        RETIREMENT SYSTEM                                       700,000
        This appropriation may be expended 
        solely to make the transfer of prior 
        service contributions as permitted 
        under Minnesota Statutes, section 
        352D.12, as amended by this act. 
        Sec. 13.  HUMAN SERVICES                                750,000 
        From the Minnesota lottery prize fund 
        to be used for Project Turnabout in 
        Granite Falls.  This appropriation 
        shall not become part of the base 
        appropriation for the 2000-2001 
        biennium. 
        Other than the appropriation in this 
        act, or in Laws 1997, chapter 202, no 
        more than $340,000 may be appropriated 
        for fiscal year 1999 from the lottery 
        prize fund or the lottery operations 
        account for compulsive gambling 
        treatment or education.  This provision 
        supersedes any other provision enacted 
        in 1998, whether enacted before or 
        after this provision. 
           Sec. 14.  Minnesota Statutes 1996, section 3.3005, 
        subdivision 2, is amended to read: 
           Subd. 2.  A state agency shall not expend money received by 
        it under federal law for any purpose unless a request to spend 
        federal money from that source for that purpose in that fiscal 
        year has been submitted by the governor to the legislature as a 
        part of a budget request submitted during or within ten days 
        before the start of a regular legislative session, or unless 
        specifically authorized by law or as provided by this section.  
           Sec. 15.  Minnesota Statutes 1996, section 3.3005, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [REVIEW OF FEDERAL FUNDS SPENDING 
        REQUEST.] Twenty days after a governor's budget request that 
        includes a request to spend federal money is submitted to the 
        legislature under subdivision 2, a state agency may expend money 
        included in that request unless, within the 20-day period, a 
        member of the legislative advisory commission requests further 
        review.  If a legislative advisory commission member requests 
        further review of a federal funds spending request, the agency 
        may not expend the federal funds until the request has been 
        satisfied and withdrawn, the expenditure is approved in law, or 
        the regular session of the legislature is adjourned for the year.
           Sec. 16.  Minnesota Statutes 1996, section 4.07, 
        subdivision 3, is amended to read: 
           Subd. 3.  [FEDERAL AND STATE LAW; APPROPRIATION OF FUNDS.] 
        The governor or any state department or agency designated by the 
        governor shall comply with any and all requirements of federal 
        law and any rules and regulations promulgated thereunder to 
        enable the application for, the receipt of, and the acceptance 
        of such federal funds.  The expenditure of any such funds 
        received shall be governed by the laws of the state except 
        insofar as federal requirements may otherwise provide.  All such 
        money received by the governor or any state department or agency 
        designated by the governor for such purpose shall be deposited 
        in the state treasury and, subject to section 3.3005, are hereby 
        appropriated annually in order to enable the governor or the 
        state department or agency designated by the governor for such 
        purpose to carry out the purposes for which the funds are 
        received.  None of such federal money so deposited in the state 
        treasury shall cancel and they shall be available for 
        expenditure in accordance with the requirements of federal law.  
           Sec. 17.  Minnesota Statutes 1996, section 14.04, is 
        amended to read: 
           14.04 [AGENCY ORGANIZATION; GUIDEBOOK.] 
           To assist interested persons dealing with it, each agency 
        shall must, in a manner prescribed by the commissioner of 
        administration, prepare a description of its organization, 
        stating the general course and method of its operations and 
        where and how the public may obtain information or make 
        submissions or requests.  The commissioner of administration 
        shall must publish these descriptions at least once every four 
        years commencing in 1981 in a guidebook of state agencies.  
        Notice of the publication of the guidebook shall must be 
        published in the State Register and given in newsletters, 
        newspapers, or other publications, or through other means of 
        communication.  The commissioner must make an electronic version 
        of the guidebook available on the Internet free of charge 
        through the North Star information service. 
           Sec. 18.  Minnesota Statutes 1996, section 14.46, 
        subdivision 4, is amended to read: 
           Subd. 4.  [COST; DISTRIBUTION.] When an agency properly 
        submits a rule, proposed rule, notice, or other material to the 
        commissioner of administration, the commissioner shall must then 
        be accountable for the publication of the same in the State 
        Register.  The commissioner of administration shall must require 
        each agency which requests the publication of rules, proposed 
        rules, notices, or other material in the State Register to pay 
        its proportionate cost of the State Register unless other funds 
        are provided and are sufficient to cover the cost of the State 
        Register. 
           The State Register shall must be offered for public sale at 
        a location centrally located as determined by the commissioner 
        of administration and at a price as the commissioner of 
        administration shall determine determines.  The commissioner of 
        administration shall must further provide for the mailing of the 
        State Register to any person, agency, or organization if so 
        requested, provided that reasonable costs are borne by the 
        requesting party.  The supply and expense appropriation to any 
        state agency is deemed to include funds to purchase the State 
        Register.  Ten copies of each issue of the State Register, 
        however, shall must be provided without cost to the legislative 
        reference library and ten copies to the state law library.  One 
        copy shall must be provided without cost to a public library in 
        each county seat in the state or, if there is no public library 
        in a county seat, to a public library in the county as 
        designated by the county board.  The commissioner shall must 
        advise the recipient libraries of the significance and content 
        of the State Register and shall encourage efforts to promote its 
        usage. 
           The commissioner must make an electronic version of the 
        State Register available on the Internet free of charge through 
        the North Star information service. 
           Sec. 19.  Minnesota Statutes 1996, section 15.91, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PERFORMANCE REPORTS.] By November 30 January 2 
        of each even-numbered odd-numbered year, each agency shall issue 
        a performance report that includes the following: 
           (1) the agency's mission; 
           (2) the most important goals and objectives for each major 
        program for which the agency will request funding in its next 
        biennial budget; 
           (3) identification of the populations served by the 
        programs that support the agency's mission; and 
           (4) workload, efficiency, output, and outcome 
           (3) the most important measures for each program goals and 
        objectives listed in the report, with data showing each 
        programs' actual performance relative to these measures for the 
        previous four fiscal years and the performance the agency 
        projects it will achieve during the next two fiscal years with 
        the level of funding it has requested. 
           If it would enhance an understanding of its mission, 
        programs, and performance, the agency shall include in its 
        report information that describes the broader economic, social, 
        and physical environment in which the agency's programs are 
        administered. 
           Each agency shall send a copy of its performance report to 
        the speaker of the house, president of the senate, legislative 
        auditor, and legislative reference library, and provide a copy 
        to others upon request. 
           The commissioner of finance shall ensure that performance 
        reports are complete, succinct, accurate, and reliable and 
        compiled in such a way that they are useful to the public, 
        legislators, and managers in state government.  To maintain a 
        computerized performance data system, the commissioner of 
        finance may require agencies to provide performance data 
        annually. 
           The legislative auditor shall periodically review and 
        comment on selected performance reports as provided for by 
        section 3.971, subdivision 3. 
           Sec. 20.  Minnesota Statutes 1996, section 16A.055, 
        subdivision 6, is amended to read: 
           Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
        department's mission that within the department's resources the 
        commissioner shall endeavor to: 
           (1) prevent the waste or unnecessary spending of public 
        money; 
           (2) use innovative fiscal and human resource practices to 
        manage the state's resources and operate the department as 
        efficiently as possible; 
           (3) coordinate the department's activities wherever 
        appropriate with the activities of other governmental agencies; 
           (4) use technology where appropriate to increase agency 
        productivity, improve customer service, increase public access 
        to information about government, and increase public 
        participation in the business of government; 
           (5) utilize constructive and cooperative labor-management 
        practices to the extent otherwise required by chapters 43A and 
        179A; 
           (6) include specific objectives in report to the 
        legislature on the performance report required under section 
        15.91 to increase the efficiency of agency operations, when 
        appropriate and the accomplishment of agency goals in the 
        agency's biennial budget according to section 16A.10, 
        subdivision 1; and 
           (7) recommend to the legislature, in the performance report 
        of the department required under section 15.91, appropriate 
        changes in law necessary to carry out the mission and improve 
        the performance of the department. 
           Sec. 21.  Minnesota Statutes 1996, section 16A.10, as 
        amended by Laws 1997, chapter 202, article 2, section 12, is 
        amended to read: 
           16A.10 [BUDGET PREPARATION.] 
           Subdivision 1.  [BUDGET FORMAT.] In each even-numbered 
        calendar year the commissioner shall prepare budget forms and 
        instructions for all agencies, including guidelines for 
        reporting agency performance measures, subject to the approval 
        of the governor.  The commissioner shall request and receive 
        advisory recommendations from the chairs of the senate finance 
        committee and house of representatives ways and means committee 
        before adopting a format for the biennial budget document.  By 
        June 15, the commissioner shall send the proposed budget forms 
        to the appropriations and finance committees.  The committees 
        have until July 15 to give the commissioner their advisory 
        recommendations on possible improvements.  To facilitate this 
        consultation, the commissioner shall establish a working group 
        consisting of executive branch staff and designees of the chairs 
        of the senate finance and house of representatives ways and 
        means committees.  The commissioner must involve this group in 
        all stages of development of budget forms and instructions.  The 
        budget format must show actual expenditures and receipts for the 
        two most recent fiscal years, estimated expenditures and 
        receipts for the current fiscal year, and estimates for each 
        fiscal year of the next biennium.  Estimated expenditures must 
        be classified by funds and character of expenditures and may be 
        subclassified by programs and activities.  Agency revenue 
        estimates must show how the estimates were made and what factors 
        were used.  Receipts must be classified by funds, programs, and 
        activities.  Expenditure and revenue estimates must be based on 
        the law in existence at the time the estimates are prepared. 
           Subd. 1a.  [PURPOSE OF PERFORMANCE DATA.] Performance data 
        shall be presented in the budget proposal to: 
           (1) provide information so that the legislature can 
        determine the extent to which state programs are successful; 
           (2) encourage agencies to develop clear goals and 
        objectives for their programs; and 
           (3) strengthen accountability to Minnesotans by providing a 
        record of state government's performance in providing effective 
        and efficient services. 
           Subd. 1b.  [PERFORMANCE DATA FORMAT.] Agencies shall 
        present performance data that measures the performance of 
        programs in meeting program goals and objectives.  Measures 
        reported may include indicators of outputs, efficiency, 
        outcomes, and other measures relevant to understanding each 
        program.  Agencies shall present as much historical information 
        as needed to understand major trends and shall set targets for 
        future performance issues where feasible and appropriate.  The 
        information shall appropriately highlight agency performance 
        issues that would assist legislative review and decision making. 
           Subd. 2.  [BY OCTOBER 15 AND NOVEMBER 30.] By October 15 of 
        each even-numbered year, an agency must file the following with 
        the commissioner:  
           (1) budget estimates for the most recent and current fiscal 
        years; 
           (2) its upcoming biennial budget estimates; 
           (3) a comprehensive and integrated statement of agency 
        missions and outcome and performance measures; and 
           (4) a concise explanation of any planned changes in the 
        level of services or new activities. 
           The commissioner shall prepare and file the budget 
        estimates for an agency failing to file them.  By November 30, 
        the commissioner shall send the final budget format, agency 
        budget plans or requests estimates for the next biennium, and 
        copies of the filed material to the ways and means and finance 
        committees, except that the commissioner shall not be required 
        to transmit information that identifies executive branch budget 
        decision items.  At this time, a list of each employee's name, 
        title, and salary must be available to the legislature, either 
        on paper or through electronic retrieval. 
           Subd. 3.  [DUTIES TO GOVERNOR-ELECT.] Immediately after the 
        election of a new governor, the commissioner shall report the 
        budget estimates and make available to the governor-elect all 
        department information, staff, and facilities relating to the 
        budget. 
           Sec. 22.  Minnesota Statutes 1997 Supplement, section 
        16A.103, subdivision 1, is amended to read: 
           Subdivision 1.  [STATE REVENUE AND EXPENDITURES.] In 
        February and November each year, the commissioner shall prepare 
        and deliver to the governor and legislature a forecast of state 
        revenue and expenditures.  The November forecast must be 
        delivered to the legislature and governor no later than the end 
        of the first week of December.  The February forecast must be 
        delivered to the legislature and governor by the end of 
        February.  The forecast must assume the continuation of current 
        laws and reasonable estimates of projected growth in the 
        national and state economies and affected populations.  Revenue 
        must be estimated for all sources provided for in current law.  
        Expenditures must be estimated for all obligations imposed by 
        law and those projected to occur as a result of inflation and 
        variables outside the control of the legislature.  In 
        determining the rate of inflation, the application of inflation, 
        and the other variables to be included in the expenditure part 
        of the forecast, the commissioner must consult with the chair of 
        the senate state government finance committee, the chair of the 
        house committee on ways and means, and house and senate fiscal 
        staff.  In addition, the commissioner shall forecast Minnesota 
        personal income for each of the years covered by the forecast 
        and include these estimates in the forecast documents.  A 
        forecast prepared during the first fiscal year of a biennium 
        must cover that biennium and the next biennium.  A forecast 
        prepared during the second fiscal year of a biennium must cover 
        that biennium and the next two bienniums. 
           Sec. 23.  Minnesota Statutes 1997 Supplement, section 
        16A.11, subdivision 1, is amended to read: 
           Subdivision 1.  [WHEN.] The governor shall submit a 
        four-part three-part budget to the legislature.  Parts one and 
        two, the budget message and detailed operating budget, must be 
        submitted by the fourth Tuesday in January in each odd-numbered 
        year.  However, in a year following the election of a governor 
        who had not been governor the previous year, parts one and two 
        must be submitted by the third Tuesday in February.  Part three, 
        the detailed recommendations as to capital expenditure, must be 
        submitted as follows:  agency capital budget requests by July 1 
        of each odd-numbered year, and governor's recommendations by 
        January 15 of each even-numbered year.  Part four, the Detailed 
        recommendations as to information technology expenditure, must 
        be submitted at the same time the governor submits the budget 
        message to the legislature as part of the detailed operating 
        budget.  Information technology recommendations must include 
        projects to be funded during the next biennium and planning 
        estimates for an additional two bienniums.  Information 
        technology recommendations must specify purposes of the funding 
        such as infrastructure, hardware, software, or training.  
           Sec. 24.  Minnesota Statutes 1996, section 16A.11, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PART TWO:  DETAILED BUDGET.] Part two of the 
        budget, the detailed budget estimates both of expenditures and 
        revenues, shall must contain any statements on the financial 
        plan which the governor believes desirable or which may be 
        required by the legislature.  Part of the budget must be 
        prepared using performance-based budgeting concepts.  In this 
        subdivision, "performance-based budgeting" means a budget system 
        that identifies agency outcomes and results and provides 
        comprehensive information regarding actual and proposed changes 
        in funding and outcomes.  The detailed estimates shall include 
        the governor's budget plan of each agency arranged in tabular 
        form so it may readily be compared with the governor's budget 
        for each agency.  The detailed estimates must include a separate 
        line listing the total number of professional or technical 
        service contracts and the total cost of those contracts for the 
        prior biennium and the projected number of professional or 
        technical service contracts and the projected costs of those 
        contracts for the current and upcoming biennium.  They shall 
        must also include, as part of each agency's organization chart, 
        a summary of the personnel employed by the agency, showing the 
        reflected as full-time equivalent positions for the current 
        biennium, and the number of full-time equivalent employees of 
        all kinds employed by the agency on June 30 of the last complete 
        fiscal year, and the number of professional or technical service 
        consultants for the current biennium. 
           Sec. 25.  Minnesota Statutes 1996, section 16A.72, is 
        amended to read: 
           16A.72 [INCOME CREDITED TO GENERAL FUND; EXCEPTIONS.] 
           All income, including fees or receipts of any nature, shall 
        be credited to the general fund, except:  
           (1) federal aid; 
           (2) contributions, or reimbursements received for any 
        account of any division or department for which an appropriation 
        is made by law; 
           (3) income to the University of Minnesota; 
           (4) income to revolving funds now established in 
        institutions under the control of the commissioners of 
        corrections or human services; 
           (5) investment earnings resulting from the master lease 
        program, except that the amount credited to another fund or 
        account may not exceed the amount of the additional expense 
        incurred by that fund or account through participation in the 
        master lease program; 
           (6) investment earnings resulting from any gift, donation, 
        device, endowment, trust, or court ordered or approved escrow 
        account or trust fund, which should be credited to the fund or 
        account and appropriated for the purpose for which it was 
        received; 
           (7) receipts from the operation of patients' and inmates' 
        stores and vending machines, which shall be deposited in the 
        social welfare fund in each institution for the benefit of the 
        patients and inmates; 
           (7) (8) money received in payment for services of inmate 
        labor employed in the industries carried on in the state 
        correctional facilities which receipts shall be credited to the 
        current expense fund of those facilities; 
           (8) (9) as provided in sections 16B.57 and 85.22; 
           (9) (10) income to the Minnesota historical society; 
           (10) (11) the percent of income collected by a private 
        collection agency and retained by the collection agency as its 
        collection fee; or 
           (11) (12) as otherwise provided by law. 
           Sec. 26.  Minnesota Statutes 1996, section 16B.04, 
        subdivision 4, is amended to read: 
           Subd. 4.  [MISSION; EFFICIENCY.] It is part of the 
        department's mission that within the department's resources the 
        commissioner shall endeavor to: 
           (1) prevent the waste or unnecessary spending of public 
        money; 
           (2) use innovative fiscal and human resource practices to 
        manage the state's resources and operate the department as 
        efficiently as possible; 
           (3) coordinate the department's activities wherever 
        appropriate with the activities of other governmental agencies; 
           (4) use technology where appropriate to increase agency 
        productivity, improve customer service, increase public access 
        to information about government, and increase public 
        participation in the business of government; 
           (5) utilize constructive and cooperative labor-management 
        practices to the extent otherwise required by chapters 43A and 
        179A; 
           (6) include specific objectives in report to the 
        legislature on the performance report required under section 
        15.91 to increase the efficiency of agency operations, when 
        appropriate and the accomplishment of agency goals in the 
        agency's biennial budget according to section 16A.10, 
        subdivision 1; and 
           (7) recommend to the legislature, in the performance report 
        of the department required under section 15.91, appropriate 
        changes in law necessary to carry out the mission and improve 
        the performance of the department. 
           Sec. 27.  [16B.104] [PROCUREMENT REQUIREMENTS.] 
           (a) The commissioner, in consultation with the office of 
        technology, shall develop nonvisual technology access 
        standards.  The standards must be included in all contracts for 
        the procurement of information technology by, or for the use of, 
        agencies, political subdivisions, and the Minnesota state 
        colleges and universities.  The University of Minnesota is 
        encouraged to consider similar standards.  
           (b) The nonvisual access standards must include the 
        following minimum specifications: 
           (1) that effective, interactive control and use of the 
        technology including the operating system, applications 
        programs, prompts, and format of the data presented, are readily 
        achievable by nonvisual means; 
           (2) that the nonvisual access technology must be compatible 
        with information technology used by other individuals with whom 
        the blind or visually impaired individual must interact; 
           (3) that nonvisual access technology must be integrated 
        into networks used to share communications among employees, 
        program participants, and the public; and 
           (4) that the nonvisual access technology must have the 
        capability of providing equivalent access by nonvisual means to 
        telecommunications or other interconnected network services used 
        by persons who are not blind or visually impaired. 
           (c) Nothing in this section requires the installation of 
        software or peripheral devices used for nonvisual access when 
        the information technology is being used by individuals who are 
        not blind or visually impaired. 
           Sec. 28.  [16B.76] [CONSTRUCTION CODES ADVISORY COUNCIL.] 
           Subdivision 1.  [MEMBERSHIP.] (a) The construction codes 
        advisory council consists of the following members: 
           (1) the commissioner of administration or the 
        commissioner's designee representing the department's building 
        codes and standards division; 
           (2) the commissioner of health or the commissioner's 
        designee representing an environmental health section of the 
        department; 
           (3) the commissioner of public safety or the commissioner's 
        designee representing the department's state fire marshal 
        division; 
           (4) the commissioner of public service or the 
        commissioner's designee representing the department's energy 
        regulation and resource management division; and 
           (5) one member representing each of the following 
        occupations or entities, appointed by the commissioner of 
        administration: 
           (i) a certified building official; 
           (ii) a fire service representative; 
           (iii) a licensed architect; 
           (iv) a licensed engineer; 
           (v) a building owners and managers representative; 
           (vi) a licensed residential building contractor; 
           (vii) a commercial building contractor; 
           (viii) a heating and ventilation contractor; 
           (ix) a plumbing contractor; 
           (x) a representative of a construction and building trades 
        union; and 
           (xi) a local unit of government representative. 
           (b) For members who are not state officials or employees, 
        terms, compensation, removal, and the filling of vacancies are 
        governed by section 15.059.  The council shall select one of its 
        members to serve as chair. 
           (c) The council expires June 30, 2001. 
           Subd. 2.  [DUTIES OF THE COUNCIL.] The council shall review 
        laws, codes, rules, standards, and licensing requirements 
        relating to building construction and may: 
           (1) recommend ways to eliminate inconsistencies, to 
        streamline construction regulation and construction processes, 
        and to improve procedures within and among jurisdictions; 
           (2) review and comment on current and proposed laws and 
        rules to promote coordination and consistency; 
           (3) advise agencies on possible changes in rules to make 
        them easier to understand and apply; and 
           (4) promote the coordination, within each jurisdiction, of 
        the administration and enforcement of construction codes. 
           The council shall report its findings and recommendations 
        to the commissioner of administration and the head of any other 
        affected agency by the end of each calendar year.  The council 
        may recommend changes in laws or rules governing building 
        construction.  The council may establish subcommittees to 
        facilitate its work.  If the council establishes subcommittees, 
        it shall include in their memberships representation from 
        entities and organizations expressing an interest in 
        membership.  The commissioner of administration shall maintain a 
        list of interested entities and organizations.  
           Subd. 3.  [AGENCY COOPERATION.] State agencies and local 
        governmental units shall cooperate with the council and, so far 
        as possible, provide information or assistance to it upon its 
        request.  The commissioner of administration shall provide 
        necessary staff and administrative support to the council. 
           Sec. 29.  Minnesota Statutes 1996, section 16D.02, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DEBT.] "Debt" means an amount owed to the state 
        directly, or through a state agency, on account of a fee, duty, 
        lease, direct loan, loan insured or guaranteed by the state, 
        rent, service, sale of real or personal property, overpayment, 
        fine, assessment, penalty, restitution, damages, interest, tax, 
        bail bond, forfeiture, reimbursement, liability owed, an 
        assignment to the state including assignments under sections 
        256.72 to 256.87, the Social Security Act, or other state or 
        federal law, recovery of costs incurred by the state, or any 
        other source of indebtedness to the state.  Debt also includes 
        amounts owed to individuals as a result of civil, criminal, or 
        administrative action brought by the state or a state agency 
        pursuant to its statutory authority or for which the state or 
        state agency acts in a fiduciary capacity in providing 
        collection services in accordance with the regulations adopted 
        under the Social Security Act at Code of Federal Regulations, 
        title 45, section 302.33.  Debt also includes an amount owed to 
        the courts or University of Minnesota for which the commissioner 
        provides collection services pursuant to contract. 
           Sec. 30.  Minnesota Statutes 1996, section 16D.04, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DUTIES.] The commissioner shall provide 
        services to the state and its agencies to collect debts owed the 
        state.  The commissioner is not a collection agency as defined 
        by section 332.31, subdivision 3, and is not licensed, bonded, 
        or regulated by the commissioner of commerce under sections 
        332.31 to 332.35 or 332.38 to 332.45.  The commissioner is 
        subject to section 332.37, except clause (9) or, (10), (12), or 
        (19).  Debts referred to the commissioner for collection under 
        section 256.9792 may in turn be referred by the commissioner to 
        the enterprise.  An audited financial statement may not be 
        required as a condition of debt placement with a private agency 
        if the private agency:  (1) has errors and omissions coverage 
        under a professional liability policy in an amount of at least 
        $1,000,000; or (2) has a fidelity bond to cover actions of its 
        employees, in an amount of at least $100,000.  In cases of debts 
        referred under section 256.9792, the provisions of this chapter 
        and section 256.9792 apply to the extent they are not in 
        conflict.  If they are in conflict, the provisions of section 
        256.9792 control.  For purposes of this chapter, the referring 
        agency for such debts remains the department of human services. 
           Sec. 31.  Minnesota Statutes 1996, section 16D.04, 
        subdivision 4, is amended to read: 
           Subd. 4.  [AUTHORITY TO CONTRACT.] The 
        commissioner commissioners of revenue and finance may contract 
        with credit bureaus, private collection agencies, and other 
        entities as necessary for the collection of debts.  A private 
        collection agency acting under a contract with the 
        commissioner of revenue or finance is subject to sections 332.31 
        to 332.45, except that the private collection agency may 
        indicate that it is acting under a contract with 
        the commissioner state.  The commissioner may not delegate the 
        powers provided under section 16D.08 to any nongovernmental 
        entity. 
           Sec. 32.  [16D.045] [STAFF.] 
           Any collectors hired by the commissioner of revenue after 
        June 30, 1998, to work for the Minnesota collection enterprise 
        must be located in the Ely office. 
           Sec. 33.  Minnesota Statutes 1996, section 16D.06, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DISCLOSURE OF DATA.] Data received, collected, 
        created, or maintained by the commissioner or the attorney 
        general to collect debts are classified as private data on 
        individuals under section 13.02, subdivision 12, or nonpublic 
        data under section 13.02, subdivision 9.  The commissioner or 
        the attorney general may disclose not public data: 
           (1) under section 13.05; 
           (2) under court order; 
           (3) under a statute specifically authorizing access to the 
        not public data; 
           (4) to provide notices required or permitted by statute; 
           (5) to an agent of the commissioner or the attorney 
        general, including a law enforcement person, attorney, or 
        investigator acting for the commissioner or the attorney general 
        in the investigation or prosecution of a criminal or civil 
        proceeding relating to collection of a debt; 
           (6) to report names of debtors, amount of debt, date of 
        debt, and the agency to whom debt is owed to credit bureaus and 
        private collection agencies under contract with the 
        commissioner; 
           (7) when necessary to locate the debtor, locate the assets 
        of the debtor, or to enforce or implement the collection of a 
        debt, provided that the commissioner or the attorney general may 
        disclose only the data that are necessary to enforce or 
        implement collection of the debt; and 
           (8) to the commissioner of revenue for tax administration 
        purposes. 
           The commissioner and the attorney general may not disclose 
        data that is not public to a private collection agency or other 
        entity with whom the commissioner has contracted under section 
        16D.04, subdivision 4, unless disclosure is otherwise authorized 
        by law. 
           Sec. 34.  Minnesota Statutes 1996, section 16D.08, 
        subdivision 2, is amended to read: 
           Subd. 2.  [POWERS.] In addition to the collection remedies 
        available to private collection agencies in this state, the 
        commissioner, with legal assistance from the attorney general, 
        may utilize any statutory authority granted to a referring 
        agency for purposes of collecting debt owed to that referring 
        agency.  The commissioner may also delegate to the enterprise 
        the tax collection remedies in sections 270.06, clauses (7) and 
        (17), excluding the power to subpoena witnesses; 270.66; 270.69, 
        excluding subdivisions 7 and 13; 270.70, excluding subdivision 
        14; 270.7001 to 270.72; and 290.92, subdivision 23, except that 
        a continuous wage levy under section 290.92, subdivision 23, is 
        only effective for 70 days, unless no competing wage 
        garnishments, executions, or levies are served within the 70-day 
        period, in which case a wage levy is continuous until a 
        competing garnishment, execution, or levy is served in the 
        second or a succeeding 70-day period, in which case a continuous 
        wage levy is effective for the remainder of that period.  A 
        debtor who qualifies for cancellation of the collection penalty 
        costs under section 16D.11, subdivision 3, clause (1), can apply 
        to the commissioner for reduction or release of a continuous 
        wage levy, if the debtor establishes that the debtor needs all 
        or a portion of the wages being levied upon to pay for essential 
        living expenses, such as food, clothing, shelter, medical care, 
        or expenses necessary for maintaining employment.  The 
        commissioner's determination not to reduce or release a 
        continuous wage levy is appealable to district court.  The word 
        "tax" or "taxes" when used in the tax collection statutes listed 
        in this subdivision also means debts referred under this 
        chapter.  For debts other than state taxes or child support, 
        before any of the tax collection remedies listed in this 
        subdivision can be used, except for the remedies in section 
        270.06, clauses (7) and (17), if the referring agency has not 
        already obtained a judgment or filed a lien, the commissioner 
        must first obtain a judgment against the debtor.  
           Sec. 35.  Minnesota Statutes 1996, section 16D.11, as 
        amended by Laws 1997, chapter 187, article 3, section 3, is 
        amended to read: 
           16D.11 [COLLECTION PENALTY COSTS.] 
           Subdivision 1.  [IMPOSITION.] As determined by the 
        commissioner of finance, a penalty collection costs shall be 
        added to the debts referred to the commissioner or private 
        collection agency for collection.  The penalty is Collection 
        costs are collectible by the commissioner or private agency from 
        the debtor at the same time and in the same manner as the 
        referred debt.  The referring agency shall advise the debtor of 
        the penalty collection costs under this section and the debtor's 
        right to cancellation of the penalty collection costs under 
        subdivision 3 at the time the agency sends notice to the debtor 
        under section 16D.07.  If the commissioner or private agency 
        collects an amount less than the total due, the payment is 
        applied proportionally to the penalty collection costs and the 
        underlying debt unless the commissioner of finance has waived 
        this requirement for certain categories of debt pursuant to the 
        department's internal guidelines.  Penalties Collection costs 
        collected by the commissioner under this subdivision or retained 
        under subdivision 6 shall be deposited in the general fund as 
        nondedicated receipts.  Penalties Collection costs collected by 
        private agencies are appropriated to the referring agency to pay 
        the collection fees charged by the private agency.  Penalty 
        Collections of collection costs in excess of collection agency 
        fees must be deposited in the general fund as nondedicated 
        receipts.  
           Subd. 2.  [COMPUTATION.] Beginning July 1, 1995, At the 
        time a debt is referred, the amount of the penalty collection 
        costs is equal to 15 percent of the debt, or 25 percent of the 
        debt remaining unpaid if the commissioner or private collection 
        agency has to take enforced collection action by serving a 
        summons and complaint on or entering judgment against the 
        debtor, or by utilizing any of the remedies authorized under 
        section 16D.08, subdivision 2, except for the remedies in 
        sections 270.06, clause (7), and 270.66 or when referred by the 
        commissioner for additional collection activity by a private 
        collection agency.  If, after referral of a debt to a private 
        collection agency, the debtor requests cancellation of the 
        penalty collection costs under subdivision 3, the debt must be 
        returned to the commissioner for resolution of the request. 
           Subd. 3.  [CANCELLATION.] The penalty Collection costs 
        imposed under subdivision 1 shall be canceled and subtracted 
        from the amount due if: 
           (1) the debtor's household income as defined in section 
        290A.03, subdivision 5, excluding the exemption subtractions in 
        subdivision 3, paragraph (3) of that section, for the 12 months 
        preceding the date of referral is less than twice the annual 
        federal poverty guideline under United States Code, title 42, 
        section 9902, subsection (2); 
           (2) within 60 days after the first contact with the debtor 
        by the enterprise or collection agency, the debtor establishes 
        reasonable cause for the failure to pay the debt prior to 
        referral of the debt to the enterprise; 
           (3) a good faith dispute as to the legitimacy or the amount 
        of the debt is made, and payment is remitted or a payment 
        agreement is entered into within 30 days after resolution of the 
        dispute; 
           (4) good faith litigation occurs and the debtor's position 
        is substantially justified, and if the debtor does not totally 
        prevail, the debt is paid or a payment agreement is entered into 
        within 30 days after the judgment becomes final and 
        nonappealable; or 
           (5) penalties collection costs have been added by the 
        referring agency and are included in the amount of the referred 
        debt. 
           Subd. 4.  [APPEAL.] Decisions of the commissioner denying 
        an application to cancel the penalty collection costs under 
        subdivision 3 are subject to the contested case procedure under 
        chapter 14. 
           Subd. 5.  [REFUND.] If a penalty is collection costs are 
        collected and then canceled, the amount of the penalty 
        collection costs shall be refunded to the debtor within 30 
        days.  The amount necessary to pay the refunds is annually 
        appropriated to the commissioner. 
           Subd. 6.  [CHARGE TO REFERRING AGENCY.] If the penalty 
        is collection costs are canceled under subdivision 3, an amount 
        equal to the penalty is retained by the commissioner from the 
        debt collected, and is accounted for and subject to the same 
        provisions of this chapter as if the penalty had been collected 
        from the debtor. 
           Subd. 7.  [ADJUSTMENT OF RATE.] By June 1 of each year, the 
        commissioner of finance shall determine the rate of the 
        penalty collection costs for debts referred to the enterprise 
        during the next fiscal year.  The rate is a percentage of the 
        debts in an amount that most nearly equals the costs of the 
        enterprise necessary to process and collect referred debts under 
        this chapter.  In no event shall the rate of the penalty 
        collection costs when a debt is first referred exceed 
        three-fifths of the maximum penalty collection costs, and in no 
        event shall the rate of the maximum penalty collection costs 
        exceed 25 percent of the debt.  Determination of the rate of the 
        penalty collection costs under this section is not subject to 
        the fee setting requirements of section 16A.1285. 
           Sec. 36.  Minnesota Statutes 1996, section 16D.14, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CONCILIATION COURT; CLAIMS FOR $2,500 OR LESS.] 
        (a) The commissioner or the attorney general may bring a 
        conciliation court action where the cause of action arose or 
        where the debtor resides.  Before bringing a conciliation court 
        action for a claim for $2,500 or less under this section in any 
        county other than where the debtor resides or where the cause of 
        action arose, the commissioner or the attorney general shall 
        send a form by first class mail to the debtor's last known 
        address notifying the debtor of the intent to bring an action in 
        Ramsey county.  The commissioner or attorney general must 
        enclose a form for the debtor to use to request that the action 
        not be brought in Ramsey county and a self-addressed, postage 
        paid envelope.  The form must advise the debtor of the right to 
        request that the action not be brought in Ramsey county and that 
        the debtor has 30 days from the date of the form to make this 
        request. 
           (b) If the debtor timely returns the form requesting the 
        action not be brought in Ramsey county, the commissioner or 
        attorney general may only file the action in the county of the 
        debtor's residence, the county where the cause of action arose, 
        or as provided by other law.  The commissioner or attorney 
        general shall notify the debtor of the action taken.  If the 
        debtor does not timely return the form, venue is as chosen by 
        the commissioner or attorney general as authorized under this 
        section. 
           (c) If a judgment is obtained in Ramsey county conciliation 
        court when the form was sent by first class mail under this 
        subdivision and the debtor reasonably demonstrates that the 
        debtor did not reside at the address where the form was sent or 
        that the debtor did not receive the form, the commissioner or 
        the attorney general shall vacate the judgment without prejudice 
        and return any funds collected as a result of enforcement of the 
        judgment.  Evidence of the debtor's correct address include, but 
        are not limited to, a driver's license, homestead declaration, 
        school registration, utility bills, or a lease or rental 
        agreement. 
           Sec. 37.  Minnesota Statutes 1996, section 16D.14, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CONCILIATION COURT CLAIMS EXCEEDING $2,500.] (a) 
        The commissioner or the attorney general may bring a 
        conciliation court action where the cause of action arose or 
        where the debtor resides.  In order to bring a conciliation 
        court claim that exceeds $2,500 under this section in a county 
        other than where the debtor resides or where the cause of action 
        arose, the commissioner or the attorney general shall serve with 
        the conciliation court claim a change of venue form for the 
        debtor to use to request that venue be changed and a 
        self-addressed, postage paid return envelope.  This form must 
        advise the debtor that the form must be returned within 30 days 
        of the date of service or venue will remain in Ramsey county. 
           (b) If the debtor timely returns the change of venue form 
        requesting a change of venue, the commissioner or attorney 
        general shall change the venue of the action to the county of 
        the debtor's residence, the county where the cause of action 
        arose, as provided by other law, or dismiss the action.  The 
        commissioner or attorney general must notify the debtor of the 
        action taken.  If the debtor does not timely return the form, 
        venue is as chosen by the commissioner or attorney general as 
        authorized under this section.  The commissioner or the attorney 
        general shall file the signed return receipt card or the proof 
        of service with the court. 
           Sec. 38.  Minnesota Statutes 1996, section 16D.14, 
        subdivision 5, is amended to read: 
           Subd. 5.  [FEES.] No court filing fees, docketing fees, or 
        release of judgment fees, or any other fees or costs for court 
        services may be assessed against the state for collection 
        actions filed under this chapter by the state or a state agency 
        seeking monetary relief in favor of the state. 
           Sec. 39.  Minnesota Statutes 1996, section 16D.16, is 
        amended to read: 
           16D.16 [SETOFFS.] 
           Subdivision 1.  [AUTHORIZATION.] Unless prohibited by other 
        law, the state agency utilizes a more specific setoff statute, 
        or the state payments are subject to a more specific setoff 
        statute, the commissioner or a state agency may automatically 
        deduct the amount of a debt owed to the state from any state 
        payment due to the debtor, except tax refunds, earned income tax 
        credit, child care tax credit, prejudgment debts of $5,000 or 
        less, funds exempt under section 550.37, or funds owed an 
        individual who receives.  Tax refunds, earned income tax credit, 
        child care credit, funds exempt under section 550.37, or funds 
        owed to an individual who is receiving assistance under the 
        provisions of chapter 256 are not subject to setoff under 
        this chapter section.  If a debtor has entered into a written 
        payment plan with respect to payment of a specified debt, the 
        right of setoff may not be used to satisfy that debt.  
        Notwithstanding section 181.79, the state may deduct from the 
        wages due or earned by a state employee to collect a debt, 
        subject to the limitations in section 571.922. 
           Subd. 2.  [NOTICE AND HEARING.] Before setoff, the 
        commissioner or state agency shall mail written notice by 
        certified mail to the debtor, addressed to the debtor's last 
        known address, that the commissioner or state agency intends to 
        set off a debt owed to the state by the debtor against future 
        payments due the debtor from the state.  For debts owed to the 
        state that have not been reduced to judgment, if no opportunity 
        to be heard or administrative appeal process or a hearing by an 
        impartial decision maker on the validity or accuracy of the debt 
        has yet been made available to the debtor to contest the 
        validity or accuracy of the debt, before setoff for a 
        prejudgment debt, the notice to the debtor must advise that the 
        debtor has a right to make a written request for a contested 
        case hearing on the validity of the debt or the right to 
        setoff.  The debtor has 30 days from the date of that notice to 
        make a written request for a contested case hearing to contest 
        the validity of the debt or the right to setoff.  The debtor's 
        request must state the debtor's reasons for contesting the debt 
        or the right to setoff.  If the commissioner or state agency 
        desires to pursue the right to setoff following receipt of the 
        debtor's request for a hearing, the commissioner or state agency 
        shall schedule a contested case hearing within 30 days of the 
        receipt of the request for the hearing.  If the commissioner or 
        state agency decides not to pursue the right to setoff, the 
        debtor must be notified of that decision. 
           Sec. 40.  [16D.17] [ENFORCEMENT OF STATUTORY PENALTIES.] 
           A state agency may enforce a final penalty order imposed 
        for violations of state law in the same manner as a district 
        court judgment if: 
           (1) notice and opportunity for a hearing on the penalty has 
        been provided and the notice gives at least 30 days to request a 
        hearing, unless the agency statute provides for a different 
        timeline; and 
           (2) the notice or order of the penalty states that when the 
        order becomes final, the agency may file and enforce the penalty 
        as a judgment without further notice or additional proceedings. 
           The administrative order may be filed with a district court 
        administrator along with an affidavit of identification and 
        amount owed, and the court administrator shall enter and docket 
        the administrative order as a civil judgment. 
           Sec. 41.  Minnesota Statutes 1997 Supplement, section 
        16E.01, subdivision 3, is amended to read: 
           Subd. 3.  [DUTIES.] The office shall: 
           (1) coordinate the efficient and effective use of available 
        federal, state, local, and private resources to develop 
        statewide information and communications technology and its 
        infrastructure; 
           (2) review state agency and intergovernmental information 
        and communications systems development efforts involving state 
        or intergovernmental funding, provide information to the 
        legislature in accordance with section 16A.11 regarding projects 
        reviewed, and recommend projects for inclusion in the 
        information technology governor's budget under section 16A.11; 
           (3) encourage cooperation and collaboration among state and 
        local governments in developing intergovernmental communication 
        and information systems, and define the structure and 
        responsibilities of the information policy council; 
           (4) cooperate and collaborate with the legislative and 
        judicial branches in the development of information and 
        communications systems in those branches; 
           (5) continue the development of North Star, the state's 
        official comprehensive online service and information 
        initiative; 
           (6) promote and collaborate with the state's agencies in 
        the state's transition to an effectively competitive 
        telecommunications market; 
           (7) collaborate with entities carrying out education and 
        lifelong learning initiatives to assist Minnesotans in 
        developing technical literacy and obtaining access to ongoing 
        learning resources; 
           (8) promote and coordinate public information access and 
        network initiatives, consistent with chapter 13, to connect 
        Minnesota's citizens and communities to each other, to their 
        governments, and to the world; 
           (9) promote and coordinate electronic commerce initiatives 
        to ensure that Minnesota businesses and citizens can 
        successfully compete in the global economy; 
           (10) promote and coordinate the regular and periodic 
        reinvestment in the core information and communications 
        technology infrastructure so that state and local government 
        agencies can effectively and efficiently serve their customers; 
           (11) facilitate the cooperative development of standards 
        for information systems, electronic data practices and privacy, 
        and electronic commerce among international, national, state, 
        and local public and private organizations; and 
           (12) work with others to avoid unnecessary duplication of 
        existing services or activities provided by other public and 
        private organizations while building on the existing 
        governmental, educational, business, health care, and economic 
        development infrastructures. 
           Sec. 42.  Minnesota Statutes 1997 Supplement, section 
        16E.03, subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For the purposes of sections 
        16E.03 to 16E.05, the following terms have the meanings given 
        them. 
           (a) "Information and communications technology activity 
        project" means the development or acquisition of information and 
        communications technology devices and systems, but does not 
        include MNet or its contractors. 
           (b) "Data processing device or system" means equipment or 
        computer programs, including computer hardware, firmware, 
        software, and communication protocols, used in connection with 
        the processing of information through electronic data processing 
        means, and includes data communication devices used in 
        connection with computer facilities for the transmission of data.
           (c) "State agency" means an agency in the executive branch 
        of state government and includes the Minnesota higher education 
        services office. 
           Sec. 43.  Minnesota Statutes 1997 Supplement, section 
        16E.03, subdivision 3, is amended to read: 
           Subd. 3.  [EVALUATION AND APPROVAL.] A state agency may not 
        undertake an information and communications technology 
        activity project until it has been evaluated according to the 
        procedures developed under subdivision 4.  The governor or 
        governor's designee shall give written approval of the proposed 
        activity project.  If the proposed activity project is not 
        approved, the commissioner of finance shall cancel the 
        unencumbered balance of any appropriation allotted for 
        the activity project.  This subdivision does not apply to 
        acquisitions or development of information and communications 
        systems that have anticipated total cost of less than $100,000.  
        The Minnesota state colleges and universities shall submit for 
        approval any activity project related to acquisitions or 
        development of information and communications systems that has a 
        total anticipated cost of more than $250,000. 
           Sec. 44.  Minnesota Statutes 1997 Supplement, section 
        16E.03, subdivision 4, is amended to read: 
           Subd. 4.  [EVALUATION PROCEDURE.] The executive director 
        shall establish and, as necessary, update and modify procedures 
        to evaluate information and communications activities projects 
        proposed by state agencies.  The evaluation procedure must 
        assess the necessity, design and plan for development, ability 
        to meet user requirements, feasibility, and flexibility of the 
        proposed data processing device or system, its relationship to 
        other state data processing devices or systems, and its costs 
        and benefits when considered by itself and when compared with 
        other options. 
           Sec. 45.  Minnesota Statutes 1997 Supplement, section 
        16E.03, subdivision 5, is amended to read: 
           Subd. 5.  [REPORT TO LEGISLATURE.] The executive director 
        shall submit to the legislature, in the information technology 
        at the same time as the governor's budget required by section 
        16A.11, a concise narrative explanation of the activity any 
        information and communication technology project that involves 
        collaboration between state agencies and a request for any 
        additional appropriation necessary to complete the activity an 
        explanation of how the budget requests of the several agencies 
        collaborating on the project relate to each other. 
           Sec. 46.  Minnesota Statutes 1997 Supplement, section 
        16E.07, subdivision 3, is amended to read: 
           Subd. 3.  [ACCESS TO DATA.] The legislature determines that 
        the greatest possible access to certain government information 
        and data is essential to allow citizens to participate fully in 
        a democratic system of government.  Certain information and 
        data, including, but not limited to the following, must be 
        provided free of charge or for a nominal cost associated with 
        reproducing the information or data: 
           (1) directories of government services and institutions, 
        including an electronic version of the guidebook to state agency 
        services published by the commissioner of administration; 
           (2) legislative and rulemaking information, including an 
        electronic version of the State Register, public information 
        newsletters, bill text and summaries, bill status information, 
        rule status information, meeting schedules, and the text of 
        statutes and rules; 
           (3) supreme court and court of appeals opinions and general 
        judicial information; 
           (4) opinions of the attorney general; 
           (5) campaign finance and public disclosure board and 
        election information; 
           (6) public budget information; 
           (7) local government documents, such as codes, ordinances, 
        minutes, meeting schedules, and other notices in the public 
        interest; 
           (8) official documents, releases, speeches, and other 
        public information issued by government agencies; and 
           (9) the text of other government documents and publications 
        that government agencies determine are important to public 
        understanding of government activities. 
           Sec. 47.  Minnesota Statutes 1996, section 17.03, 
        subdivision 11, is amended to read: 
           Subd. 11.  [MISSION; EFFICIENCY.] It is part of the 
        department's mission that within the department's resources the 
        commissioner shall endeavor to: 
           (1) prevent the waste or unnecessary spending of public 
        money; 
           (2) use innovative fiscal and human resource practices to 
        manage the state's resources and operate the department as 
        efficiently as possible; 
           (3) coordinate the department's activities wherever 
        appropriate with the activities of other governmental agencies; 
           (4) use technology where appropriate to increase agency 
        productivity, improve customer service, increase public access 
        to information about government, and increase public 
        participation in the business of government; 
           (5) utilize constructive and cooperative labor-management 
        practices to the extent otherwise required by chapters 43A and 
        179A; 
           (6) include specific objectives in report to the 
        legislature on the performance report required under section 
        15.91 to increase the efficiency of agency operations, when 
        appropriate and the accomplishment of agency goals in the 
        agency's biennial budget according to section 16A.10, 
        subdivision 1; and 
           (7) recommend to the legislature, in the performance report 
        of the department required under section 15.91, appropriate 
        changes in law necessary to carry out the mission and improve 
        the performance of the department. 
           Sec. 48.  Minnesota Statutes 1996, section 43A.04, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [MISSION; EFFICIENCY.] It is part of the 
        department's mission that within the department's resources the 
        commissioner shall endeavor to: 
           (1) prevent the waste or unnecessary spending of public 
        money; 
           (2) use innovative fiscal and human resource practices to 
        manage the state's resources and operate the department as 
        efficiently as possible; 
           (3) coordinate the department's activities wherever 
        appropriate with the activities of other governmental agencies; 
           (4) use technology where appropriate to increase agency 
        productivity, improve customer service, increase public access 
        to information about government, and increase public 
        participation in the business of government; 
           (5) utilize constructive and cooperative labor-management 
        practices to the extent otherwise required by chapters 43A and 
        179A; 
           (6) include specific objectives in report to the 
        legislature on the performance report required under section 
        15.91 to increase the efficiency of agency operations, when 
        appropriate and the accomplishment of agency goals in the 
        agency's biennial budget according to section 16A.10, 
        subdivision 1; and 
           (7) recommend to the legislature, in the performance report 
        of the department required under section 15.91, appropriate 
        changes in law necessary to carry out the mission and improve 
        the performance of the department. 
           Sec. 49.  Minnesota Statutes 1996, section 43A.17, 
        subdivision 8, is amended to read: 
           Subd. 8.  [ACCUMULATED VACATION LEAVE.] The commissioner of 
        employee relations shall not agree to a collective bargaining 
        agreement or recommend a compensation plan pursuant to section 
        43A.18, subdivisions 1, 2, 3, and 4, nor shall an arbitrator 
        issue an award under sections 179A.01 to 179A.25, if the 
        compensation plan, agreement, or award permits an employee to 
        convert accumulated vacation leave into cash before separation 
        from state service.  
           This section does not prohibit the commissioner from 
        negotiating a collective bargaining agreement or recommending 
        approval of a compensation plan which:  (1) permits an employee 
        to receive payment for accumulated vacation leave upon beginning 
        an unpaid leave of absence approved for more than one year in 
        duration if the leave of absence is not for the purpose of 
        accepting an unclassified position in state civil service; or 
        (2) permits an employee to receive payment for accumulated 
        vacation leave upon layoff. 
           Sec. 50.  Minnesota Statutes 1997 Supplement, section 
        43A.30, subdivision 5, is amended to read: 
           Subd. 5.  [ADMINISTRATION.] The commissioner of employee 
        relations may administer the employee insurance program.  The 
        commissioner may assess agencies, and employers of persons 
        eligible for state-paid insurance and benefits under section 
        43A.24, the cost of these administrative services, including 
        diagnostic and referral services provided by the employee 
        assistance program under section 16B.39, and include it in the 
        amounts billed for life insurance, hospital, medical, and dental 
        benefits, and optional coverages authorized.  Receipts from the 
        assessments must be deposited in the state treasury and credited 
        to a special account in the employee insurance trust fund and 
        are appropriated to the commissioner to pay these administrative 
        costs. 
           Sec. 51.  Minnesota Statutes 1996, section 43A.317, 
        subdivision 8, is amended to read: 
           Subd. 8.  [PREMIUMS.] (a)  [PAYMENTS.] Employers enrolled 
        in the program shall pay premiums according to terms established 
        by the commissioner.  If an employer fails to make the required 
        payments, the commissioner may cancel coverage and pursue other 
        civil remedies. 
           (b)  [RATING METHOD.] The commissioner shall determine the 
        premium rates and rating method for the program.  The rating 
        method for eligible small employers must meet or exceed the 
        requirements of chapter 62L.  The rating methods must recover in 
        premiums all of the ongoing costs for state administration and 
        for maintenance of a premium stability and claim fluctuation 
        reserve.  Premiums must be established so as to recover and 
        repay within five years after July 1, 1993, any direct 
        appropriations received to provide start-up administrative 
        costs.  Premiums must be established so as to recover and repay 
        within five years after July 1, 1993, any direct appropriations 
        received to establish initial reserves.  On June 30, 1999, after 
        paying all necessary and reasonable expenses, the commissioner 
        must apply up to $2,075,000 of any remaining balance in the 
        Minnesota employees' insurance trust fund to repayment of any 
        amounts drawn or expended for this program from the health care 
        access fund. 
           (c)  [TAXES AND ASSESSMENTS.] To the extent that the 
        program operates as a self-insured group, the premiums paid to 
        the program are not subject to the premium taxes imposed by 
        sections 60A.15 and 60A.198, but the program is subject to a 
        Minnesota comprehensive health association assessment under 
        section 62E.11. 
           Sec. 52.  Minnesota Statutes 1996, section 45.012, is 
        amended to read: 
           45.012 [COMMISSIONER.] 
           (a) The department of commerce is under the supervision and 
        control of the commissioner of commerce.  The commissioner is 
        appointed by the governor in the manner provided by section 
        15.06.  
           (b) Data that is received by the commissioner or the 
        commissioner's designee by virtue of membership or participation 
        in an association, group, or organization that is not otherwise 
        subject to chapter 13 is confidential or protected nonpublic 
        data but may be shared with the department employees as the 
        commissioner considers appropriate.  The commissioner may 
        release the data to any person, agency, or the public if the 
        commissioner determines that the access will aid the law 
        enforcement process, promote public health or safety, or dispel 
        widespread rumor or unrest.  
           (c) It is part of the department's mission that within the 
        department's resources the commissioner shall endeavor to: 
           (1) prevent the waste or unnecessary spending of public 
        money; 
           (2) use innovative fiscal and human resource practices to 
        manage the state's resources and operate the department as 
        efficiently as possible; 
           (3) coordinate the department's activities wherever 
        appropriate with the activities of other governmental agencies; 
           (4) use technology where appropriate to increase agency 
        productivity, improve customer service, increase public access 
        to information about government, and increase public 
        participation in the business of government; 
           (5) utilize constructive and cooperative labor-management 
        practices to the extent otherwise required by chapters 43A and 
        179A; 
           (6) include specific objectives in report to the 
        legislature on the performance report required under section 
        15.91 to increase the efficiency of agency operations, when 
        appropriate and the accomplishment of agency goals in the 
        agency's biennial budget according to section 16A.10, 
        subdivision 1; and 
           (7) recommend to the legislature, in the performance report 
        of the department required under section 15.91, appropriate 
        changes in law necessary to carry out the mission and improve 
        the performance of the department. 
           Sec. 53.  Minnesota Statutes 1996, section 84.027, 
        subdivision 14, is amended to read: 
           Subd. 14.  [MISSION; EFFICIENCY.] It is part of the 
        department's mission that within the department's resources the 
        commissioner shall endeavor to: 
           (1) prevent the waste or unnecessary spending of public 
        money; 
           (2) use innovative fiscal and human resource practices to 
        manage the state's resources and operate the department as 
        efficiently as possible; 
           (3) coordinate the department's activities wherever 
        appropriate with the activities of other governmental agencies; 
           (4) use technology where appropriate to increase agency 
        productivity, improve customer service, increase public access 
        to information about government, and increase public 
        participation in the business of government; 
           (5) utilize constructive and cooperative labor-management 
        practices to the extent otherwise required by chapters 43A and 
        179A; 
           (6) include specific objectives in report to the 
        legislature on the performance report required under section 
        15.91 to increase the efficiency of agency operations when 
        appropriate and the accomplishment of agency goals in the 
        agency's biennial budget according to section 16A.10, 
        subdivision 1; and 
           (7) recommend to the legislature, in the performance report 
        of the department required under section 15.91, appropriate 
        changes in law necessary to carry out the mission and improve 
        the performance of the department. 
           Sec. 54.  Minnesota Statutes 1996, section 116.03, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [MISSION; EFFICIENCY.] It is part of the 
        agency's mission that within the agency's resources the 
        commissioner and the members of the agency shall endeavor to: 
           (1) prevent the waste or unnecessary spending of public 
        money; 
           (2) use innovative fiscal and human resource practices to 
        manage the state's resources and operate the agency as 
        efficiently as possible; 
           (3) coordinate the agency's activities wherever appropriate 
        with the activities of other governmental agencies; 
           (4) use technology where appropriate to increase agency 
        productivity, improve customer service, increase public access 
        to information about government, and increase public 
        participation in the business of government; 
           (5) utilize constructive and cooperative labor-management 
        practices to the extent otherwise required by chapters 43A and 
        179A; 
           (6) include specific objectives in report to the 
        legislature on the performance report required under section 
        15.91 to increase the efficiency of agency operations, when 
        appropriate and the accomplishment of agency goals in the 
        agency's biennial budget according to section 16A.10, 
        subdivision 1; and 
           (7) recommend to the legislature, in the performance report 
        of the agency required under section 15.91, appropriate changes 
        in law necessary to carry out the mission and improve the 
        performance of the agency. 
           Sec. 55.  Minnesota Statutes 1996, section 116J.011, is 
        amended to read: 
           116J.011 [MISSION.] 
           The mission of the department of trade and economic 
        development is to employ all of the available state government 
        resources to facilitate an economic environment that produces 
        net new job growth in excess of the national average and to 
        increase nonresident and resident tourism revenues.  It is part 
        of the department's mission that within the department's 
        resources the commissioner shall endeavor to: 
           (1) prevent the waste or unnecessary spending of public 
        money; 
           (2) use innovative fiscal and human resource practices to 
        manage the state's resources and operate the department as 
        efficiently as possible; 
           (3) coordinate the department's activities wherever 
        appropriate with the activities of other governmental agencies; 
           (4) use technology where appropriate to increase agency 
        productivity, improve customer service, increase public access 
        to information about government, and increase public 
        participation in the business of government; 
           (5) utilize constructive and cooperative labor-management 
        practices to the extent otherwise required by chapters 43A and 
        179A; 
           (6) include specific objectives in report to the 
        legislature on the performance report required under section 
        15.91 to increase the efficiency of agency operations, when 
        appropriate and the accomplishment of agency goals in the 
        agency's biennial budget according to section 16A.10, 
        subdivision 1; and 
           (7) recommend to the legislature, in the performance report 
        of the department required under section 15.91, appropriate 
        changes in law necessary to carry out the mission and improve 
        the performance of the department. 
           Sec. 56.  Minnesota Statutes 1997 Supplement, section 
        120.0111, is amended to read: 
           120.0111 [MISSION STATEMENT.] 
           The mission of public education in Minnesota, a system for 
        lifelong learning, is to ensure individual academic achievement, 
        an informed citizenry, and a highly productive work force.  This 
        system focuses on the learner, promotes and values diversity, 
        provides participatory decision making, ensures accountability, 
        models democratic principles, creates and sustains a climate for 
        change, provides personalized learning environments, encourages 
        learners to reach their maximum potential, and integrates and 
        coordinates human services for learners.  The public schools of 
        this state shall serve the needs of the students by cooperating 
        with the students' parents and legal guardians to develop the 
        students' intellectual capabilities and lifework skills in a 
        safe and positive environment.  It is part of the department's 
        mission that within the department's resources the commissioner 
        shall endeavor to: 
           (1) prevent the waste or unnecessary spending of public 
        money; 
           (2) use innovative fiscal and human resource practices to 
        manage the state's resources and operate the department as 
        efficiently as possible; 
           (3) coordinate the department's activities wherever 
        appropriate with the activities of other governmental agencies; 
           (4) use technology where appropriate to increase agency 
        productivity, improve customer service, increase public access 
        to information about government, and increase public 
        participation in the business of government; 
           (5) utilize constructive and cooperative labor-management 
        practices to the extent otherwise required by chapters 43A and 
        179A; 
           (6) include specific objectives in report to the 
        legislature on the performance report required under section 
        15.91 to increase the efficiency of agency operations, when 
        appropriate and the accomplishment of agency goals in the 
        agency's biennial budget according to section 16A.10, 
        subdivision 1; and 
           (7) recommend to the legislature, in the performance report 
        of the department required under section 15.91, appropriate 
        changes in law necessary to carry out the mission and improve 
        the performance of the department. 
           Sec. 57.  Minnesota Statutes 1996, section 144.05, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
        department's mission that within the department's resources the 
        commissioner shall endeavor to: 
           (1) prevent the waste or unnecessary spending of public 
        money; 
           (2) use innovative fiscal and human resource practices to 
        manage the state's resources and operate the department as 
        efficiently as possible; 
           (3) coordinate the department's activities wherever 
        appropriate with the activities of other governmental agencies; 
           (4) use technology where appropriate to increase agency 
        productivity, improve customer service, increase public access 
        to information about government, and increase public 
        participation in the business of government; 
           (5) utilize constructive and cooperative labor-management 
        practices to the extent otherwise required by chapters 43A and 
        179A; 
           (6) include specific objectives in report to the 
        legislature on the performance report required under section 
        15.91 to increase the efficiency of agency operations, when 
        appropriate and the accomplishment of agency goals in the 
        agency's biennial budget according to section 16A.10, 
        subdivision 1; and 
           (7) recommend to the legislature, in the performance report 
        of the department required under section 15.91, appropriate 
        changes in law necessary to carry out the mission and improve 
        the performance of the department. 
           Sec. 58.  Minnesota Statutes 1996, section 174.02, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [MISSION; EFFICIENCY.] It is part of the 
        department's mission that within the department's resources the 
        commissioner shall endeavor to: 
           (1) prevent the waste or unnecessary spending of public 
        money; 
           (2) use innovative fiscal and human resource practices to 
        manage the state's resources and operate the department as 
        efficiently as possible; 
           (3) coordinate the department's activities wherever 
        appropriate with the activities of other governmental agencies; 
           (4) use technology where appropriate to increase agency 
        productivity, improve customer service, increase public access 
        to information about government, and increase public 
        participation in the business of government; 
           (5) utilize constructive and cooperative labor-management 
        practices to the extent otherwise required by chapters 43A and 
        179A; 
           (6) include specific objectives in report to the 
        legislature on the performance report required under section 
        15.91 to increase the efficiency of agency operations, when 
        appropriate and the accomplishment of agency goals in the 
        agency's biennial budget according to section 16A.10, 
        subdivision 1; and 
           (7) recommend to the legislature, in the performance report 
        of the department required under section 15.91, appropriate 
        changes in law necessary to carry out the mission and improve 
        the performance of the department. 
           Sec. 59.  Minnesota Statutes 1996, section 175.001, 
        subdivision 6, is amended to read: 
           Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
        department's mission that within the department's resources the 
        commissioner shall endeavor to: 
           (1) prevent the waste or unnecessary spending of public 
        money; 
           (2) use innovative fiscal and human resource practices to 
        manage the state's resources and operate the department as 
        efficiently as possible; 
           (3) coordinate the department's activities wherever 
        appropriate with the activities of other governmental agencies; 
           (4) use technology where appropriate to increase agency 
        productivity, improve customer service, increase public access 
        to information about government, and increase public 
        participation in the business of government; 
           (5) utilize constructive and cooperative labor-management 
        practices to the extent otherwise required by chapters 43A and 
        179A; 
           (6) include specific objectives in report to the 
        legislature on the performance report required under section 
        15.91 to increase the efficiency of agency operations, when 
        appropriate and the accomplishment of agency goals in the 
        agency's biennial budget according to section 16A.10, 
        subdivision 1; and 
           (7) recommend to the legislature, in the performance report 
        of the department required under section 15.91, appropriate 
        changes in law necessary to carry out the mission and improve 
        the performance of the department. 
           Sec. 60.  Minnesota Statutes 1996, section 190.09, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
        department's mission that within the department's resources the 
        adjutant general shall endeavor to: 
           (1) prevent the waste or unnecessary spending of public 
        money; 
           (2) use innovative fiscal and human resource practices to 
        manage the state's resources and operate the department as 
        efficiently as possible; 
           (3) coordinate the department's activities wherever 
        appropriate with the activities of other governmental agencies; 
           (4) use technology where appropriate to increase agency 
        productivity, improve customer service, increase public access 
        to information about government, and increase public 
        participation in the business of government; 
           (5) utilize constructive and cooperative labor-management 
        practices to the extent otherwise required by chapters 43A and 
        179A; 
           (6) include specific objectives in report to the 
        legislature on the performance report required under section 
        15.91 to increase the efficiency of agency operations, when 
        appropriate and the accomplishment of agency goals in the 
        agency's biennial budget according to section 16A.10, 
        subdivision 1; and 
           (7) recommend to the legislature, in the performance report 
        of the department required under section 15.91, appropriate 
        changes in law necessary to carry out the mission and improve 
        the performance of the department. 
           Sec. 61.  Minnesota Statutes 1996, section 196.05, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
        department's mission that within the department's resources the 
        commissioner shall endeavor to: 
           (1) prevent the waste or unnecessary spending of public 
        money; 
           (2) use innovative fiscal and human resource practices to 
        manage the state's resources and operate the department as 
        efficiently as possible; 
           (3) coordinate the department's activities wherever 
        appropriate with the activities of other governmental agencies; 
           (4) use technology where appropriate to increase agency 
        productivity, improve customer service, increase public access 
        to information about government, and increase public 
        participation in the business of government; 
           (5) utilize constructive and cooperative labor-management 
        practices to the extent otherwise required by chapters 43A and 
        179A; 
           (6) include specific objectives in report to the 
        legislature on the performance report required under section 
        15.91 to increase the efficiency of agency operations, when 
        appropriate and the accomplishment of agency goals in the 
        agency's biennial budget according to section 16A.10, 
        subdivision 1; and 
           (7) recommend to the legislature, in the performance report 
        of the department required under section 15.91, appropriate 
        changes in law necessary to carry out the mission and improve 
        the performance of the department. 
           Sec. 62.  Minnesota Statutes 1996, section 216A.07, 
        subdivision 6, is amended to read: 
           Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
        department's mission that within the department's resources the 
        commissioner shall endeavor to: 
           (1) prevent the waste or unnecessary spending of public 
        money; 
           (2) use innovative fiscal and human resource practices to 
        manage the state's resources and operate the department as 
        efficiently as possible; 
           (3) coordinate the department's activities wherever 
        appropriate with the activities of other governmental agencies; 
           (4) use technology where appropriate to increase agency 
        productivity, improve customer service, increase public access 
        to information about government, and increase public 
        participation in the business of government; 
           (5) utilize constructive and cooperative labor-management 
        practices to the extent otherwise required by chapters 43A and 
        179A; 
           (6) include specific objectives in report to the 
        legislature on the performance report required under section 
        15.91 to increase the efficiency of agency operations, when 
        appropriate and the accomplishment of agency goals in the 
        agency's biennial budget according to section 16A.10, 
        subdivision 1; and 
           (7) recommend to the legislature, in the performance report 
        of the department required under section 15.91, appropriate 
        changes in law necessary to carry out the mission and improve 
        the performance of the department. 
           Sec. 63.  Minnesota Statutes 1997 Supplement, section 
        241.01, subdivision 3b, is amended to read: 
           Subd. 3b.  [MISSION; EFFICIENCY.] It is part of the 
        department's mission that within the department's resources the 
        commissioner shall endeavor to: 
           (1) prevent the waste or unnecessary spending of public 
        money; 
           (2) use innovative fiscal and human resource practices to 
        manage the state's resources and operate the department as 
        efficiently as possible; 
           (3) coordinate the department's activities wherever 
        appropriate with the activities of other governmental agencies; 
           (4) use technology where appropriate to increase agency 
        productivity, improve service to the public, increase public 
        access to information about government, and increase public 
        participation in the business of government; 
           (5) utilize constructive and cooperative labor-management 
        practices to the extent otherwise required by chapters 43A and 
        179A; 
           (6) include specific objectives in report to the 
        legislature on the performance report required under sections 
        15.91 and 241.015 to increase the efficiency of agency 
        operations, when appropriate and the accomplishment of agency 
        goals in the agency's biennial budget according to section 
        16A.10, subdivision 1; and 
           (7) recommend to the legislature, in the performance report 
        of the department required under sections 15.91 and 241.015, 
        appropriate changes in law necessary to carry out the 
        mission and improve the performance of the department. 
           Sec. 64.  Minnesota Statutes 1997 Supplement, section 
        245.03, subdivision 2, is amended to read: 
           Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
        department's mission that within the department's resources the 
        commissioner shall endeavor to: 
           (1) prevent the waste or unnecessary spending of public 
        money; 
           (2) use innovative fiscal and human resource practices to 
        manage the state's resources and operate the department as 
        efficiently as possible, including the authority to consolidate 
        different nonentitlement grant programs, having similar 
        functions or serving similar populations, as may be determined 
        by the commissioner, while protecting the original purposes of 
        the programs.  Nonentitlement grant funds consolidated by the 
        commissioner shall be reflected in the department's biennial 
        budget.  With approval of the commissioner, vendors who are 
        eligible for funding from any of the commissioner's granting 
        authority under section 256.01, subdivision 2, paragraph (1), 
        clause (f), may submit a single application for a grant 
        agreement including multiple awards; 
           (3) coordinate the department's activities wherever 
        appropriate with the activities of other governmental agencies; 
           (4) use technology where appropriate to increase agency 
        productivity, improve customer service, increase public access 
        to information about government, and increase public 
        participation in the business of government; 
           (5) utilize constructive and cooperative labor-management 
        practices to the extent otherwise required by chapters 43A and 
        179A; 
           (6) include specific objectives in report to the 
        legislature on the performance report required under section 
        15.91 to increase the efficiency of agency operations, when 
        appropriate and the accomplishment of agency goals in the 
        agency's biennial budget according to section 16A.10, 
        subdivision 1; and 
           (7) recommend to the legislature, in the performance report 
        of the department required under section 15.91, appropriate 
        changes in law necessary to carry out the mission and improve 
        the performance of the department. 
           Sec. 65.  Minnesota Statutes 1996, section 268.0122, 
        subdivision 6, is amended to read: 
           Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
        department's mission that within the department's resources the 
        commissioner shall endeavor to: 
           (1) prevent the waste or unnecessary spending of public 
        money; 
           (2) use innovative fiscal and human resource practices to 
        manage the state's resources and operate the department as 
        efficiently as possible; 
           (3) coordinate the department's activities wherever 
        appropriate with the activities of other governmental agencies; 
           (4) use technology where appropriate to increase agency 
        productivity, improve customer service, increase public access 
        to information about government, and increase public 
        participation in the business of government; 
           (5) utilize constructive and cooperative labor-management 
        practices to the extent otherwise required by chapters 43A and 
        179A; 
           (6) include specific objectives in report to the 
        legislature on the performance report required under section 
        15.91 to increase the efficiency of agency operations, when 
        appropriate and the accomplishment of agency goals in the 
        agency's biennial budget according to section 16A.10, 
        subdivision 1; and 
           (7) recommend to the legislature, in the performance report 
        of the department required under section 15.91, appropriate 
        changes in law necessary to carry out the mission and improve 
        the performance of the department. 
           Sec. 66.  Minnesota Statutes 1996, section 270.02, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [MISSION; EFFICIENCY.] It is part of the 
        department's mission that within the department's resources the 
        commissioner shall endeavor to: 
           (1) prevent the waste or unnecessary spending of public 
        money; 
           (2) use innovative fiscal and human resource practices to 
        manage the state's resources and operate the department as 
        efficiently as possible; 
           (3) coordinate the department's activities wherever 
        appropriate with the activities of other governmental agencies; 
           (4) use technology where appropriate to increase agency 
        productivity, improve customer service, increase public access 
        to information about government, and increase public 
        participation in the business of government; 
           (5) utilize constructive and cooperative labor-management 
        practices to the extent otherwise required by chapters 43A and 
        179A; 
           (6) include specific objectives in report to the 
        legislature on the performance report required under section 
        15.91 to increase the efficiency of agency operations, when 
        appropriate and the accomplishment of agency goals in the 
        agency's biennial budget according to section 16A.10, 
        subdivision 1; and 
           (7) recommend to the legislature, in the performance report 
        of the department required under section 15.91, appropriate 
        changes in law necessary to carry out the mission and improve 
        the performance of the department. 
           Sec. 67.  Minnesota Statutes 1997 Supplement, section 
        270.063, subdivision 1, is amended to read: 
           Subdivision 1.  [APPROPRIATION.] For the purpose of 
        collecting delinquent state tax liabilities or debts as defined 
        in section 16D.02, subdivision 3, there is appropriated to the 
        commissioner of revenue an amount representing the cost of 
        collection by contract with collection agencies, revenue 
        departments of other states, or attorneys to enable the 
        commissioner to reimburse these agencies, departments, or 
        attorneys for this service.  The commissioner shall report 
        quarterly on the status of this program to the chair of the 
        house tax and appropriation committees and senate tax and 
        finance committees. 
           Sec. 68.  Minnesota Statutes 1996, section 299A.01, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [MISSION; EFFICIENCY.] It is part of the 
        department's mission that within the department's resources the 
        commissioner shall endeavor to: 
           (1) prevent the waste or unnecessary spending of public 
        money; 
           (2) use innovative fiscal and human resource practices to 
        manage the state's resources and operate the department as 
        efficiently as possible; 
           (3) coordinate the department's activities wherever 
        appropriate with the activities of other governmental agencies; 
           (4) use technology where appropriate to increase agency 
        productivity, improve customer service, increase public access 
        to information about government, and increase public 
        participation in the business of government; 
           (5) utilize constructive and cooperative labor-management 
        practices to the extent otherwise required by chapters 43A and 
        179A; 
           (6) include specific objectives in report to the 
        legislature on the performance report required under section 
        15.91 to increase the efficiency of agency operations, when 
        appropriate and the accomplishment of agency goals in the 
        agency's biennial budget according to section 16A.10, 
        subdivision 1; and 
           (7) recommend to the legislature, in the performance report 
        of the department required under section 15.91, appropriate 
        changes in law necessary to carry out the mission and improve 
        the performance of the department. 
           Sec. 69.  [325G.52] [CONSUMER EDUCATION; TELEMARKETING 
        FRAUD.] 
           Subdivision 1.  [ESTABLISHMENT.] The attorney general shall 
        establish an outreach advocacy network to educate citizens of 
        the state with respect to telemarketing fraud. 
           Subd. 2.  [DUTIES.] The advocacy network shall: 
           (1) conduct clinics and seminars throughout the state to 
        educate consumers with respect to telemarketing fraud, including 
        providing an explanation of rights under federal and state law, 
        and recommending effective strategies to combat fraud, with 
        particular emphasis placed on educating consumers in greater 
        Minnesota and isolated areas of the state where victims may be 
        targeted; 
           (2) facilitate outreach to groups particularly susceptible 
        to telemarketing fraud by training advocates for senior citizens 
        and other consumer groups to conduct clinics and seminars in 
        their communities; 
           (3) prepare and publish informational brochures on 
        telemarketing fraud for distribution to consumers; 
           (4) serve as an information clearinghouse within the state 
        to assist consumers and others to obtain information with 
        respect to current fraudulent telemarketing activity in the 
        state; 
           (5) serve as a resource and provide assistance to local 
        prosecutors and law enforcement; and 
           (6) identify those occupations in which persons may be in a 
        good position to spot telemarketing fraud, and develop 
        specialized training programs for those persons. 
           Sec. 70.  Minnesota Statutes 1996, section 349A.06, is 
        amended by adding a subdivision to read: 
           Subd. 12.  [RETAILER BONUS.] The director may adopt a plan 
        whereby eligible lottery retailers will receive a bonus payment, 
        in addition to commissions or incentives earned for the sale of 
        lottery tickets, if total lottery sales for a fiscal year 
        increase when compared to the total lottery sales for the 
        previous fiscal year.  The bonus payment shall be no more than 
        ten percent of any increase in total lottery sale, which shall 
        be paid to active lottery retailers at the end of a fiscal year 
        on the basis of each lottery retailer's market share. 
           Sec. 71.  Minnesota Statutes 1996, section 349A.10, 
        subdivision 3, is amended to read: 
           Subd. 3.  [LOTTERY OPERATIONS.] (a) The director shall 
        establish a lottery operations account in the lottery fund.  The 
        director shall pay all costs of operating the lottery, including 
        payroll costs or amounts transferred to the state treasury for 
        payroll costs, but not including lottery prizes, from the 
        lottery operating account.  The director shall credit to the 
        lottery operations account amounts sufficient to pay the 
        operating costs of the lottery. 
           (b) The director may not credit in fiscal year 1993 amounts 
        to the lottery operations account which when totaled exceed 14.5 
        percent of gross revenue to the lottery fund.  Except as 
        provided in paragraph (e), the director may not credit in any 
        fiscal year thereafter amounts to the lottery operations account 
        which when totaled exceed 15 percent of gross revenue to the 
        lottery fund in that fiscal year.  In computing total amounts 
        credited to the lottery operations account under this paragraph 
        the director shall disregard amounts transferred to or retained 
        by lottery retailers as sales commissions or other compensation. 
           (c) The director of the lottery may not expend after July 
        1, 1991, more than 2-3/4 percent of gross revenues in a fiscal 
        year for contracts for the preparation, publication, and 
        placement of advertising. 
           (d) Except as the director determines, the lottery is not 
        subject to chapter 16A relating to budgeting, payroll, and the 
        purchase of goods and services. 
           (e) In addition to the amounts credited to the lottery 
        operations account under paragraph (b), the director is 
        authorized, if necessary, to meet the current obligations of the 
        lottery and to credit up to 25 percent of an amount equal to the 
        average annual amount which was authorized to be credited to the 
        lottery operations account for the previous three fiscal years 
        but was not needed to meet the obligations of the lottery. 
           Sec. 72.  Minnesota Statutes 1996, section 349A.11, is 
        amended to read: 
           349A.11 [CONFLICT OF INTEREST.] 
           Subdivision 1.  [LOTTERY TICKET; RETAILER.] (a) The 
        director, an employee of the lottery, a member of the immediate 
        family of the director or employee residing in the same 
        household may not: 
           (1) purchase a lottery ticket; or 
           (2) have any personal pecuniary interest in any vendor 
        holding a lottery procurement contract, or in any lottery 
        retailer; or 
           (3) receive any gift, gratuity, or other thing of value, 
        excluding food or beverage, from any lottery vendor or lottery 
        retailer, or person applying to be a retailer or vendor, in 
        excess of $100 in any calendar year.  
           Subd. 2.  [GIFTS.] The director or an employee of the 
        lottery in the unclassified service may not accept a gift the 
        acceptance of which by an official would be prohibited by 
        section 10A.071. 
           Subd. 3.  [PENALTY.] (b) A violation of paragraph 
        (a) subdivision 1, clause (1), is a misdemeanor.  A violation of 
        paragraph (a) subdivision 1, clause (2), is a gross 
        misdemeanor.  A violation of paragraph (a) subdivision 1, clause 
        (3), is a misdemeanor unless the gift, gratuity, or other item 
        of value received has a value in excess of $500, in which case a 
        violation is a gross misdemeanor.  
           Subd. 4.  [FUTURE EMPLOYMENT.] (c) The director or an 
        unclassified employee of the lottery may not, within one year 
        two years of terminating employment with the lottery, accept 
        employment with, act as an agent or attorney for, or otherwise 
        represent any person, corporation, or entity that had any 
        lottery procurement contract or bid for a lottery procurement 
        contract with before the lottery within a period of two years 
        prior to the termination of their employment.  A violation of 
        this paragraph is a misdemeanor. 
           Sec. 73.  [349A.16] [LOTTERY RETAILER COMMISSIONS.] 
           The director of the state lottery shall:  (1) increase 
        commissions paid to lottery retailers in effect on January 1, 
        1998, by one-half percent on the price of each ticket sold by 
        each retailer; and (2) provide that each lottery retailer 
        receive a commission of at least one percent on the amount of 
        each winning ticket cashed by that retailer.  The director of 
        the state lottery shall periodically review lottery ticket sales 
        and make such adjustments to lottery retailer commission rates 
        as are deemed necessary to maintain appropriate return to the 
        state.  
           Sec. 74.  Minnesota Statutes 1996, section 352D.12, is 
        amended to read: 
           352D.12 [TRANSFER OF PRIOR SERVICE CONTRIBUTIONS.] 
           (a) An employee who is a participant in the unclassified 
        program and who has prior service credit in a covered plan under 
        chapters 3A, 352, 352C, 353, 354, 354A, and 422A may, within the 
        time limits specified in this section, elect to transfer to the 
        unclassified program prior service contributions to one or more 
        of those plans.  Participants with six or more years of prior 
        service credit in a plan governed by chapter 3A or 352C on July 
        1, 1998, may not transfer prior service contributions.  
        Participants with less than six years of prior service credit in 
        a plan governed by chapter 3A or 352C on July 1, 1998, must be 
        contributing to the unclassified plan on or after January 5, 
        1999, in order to transfer prior contributions. 
           (b) For participants with prior service credit in a plan 
        governed by chapter 352, 353, 354, 354A, or 422A, "prior service 
        contributions" means the accumulated employee and equal employer 
        contributions with interest at an annual rate of 8.5 percent 
        compounded annually, based on fiscal year balances.  For 
        participants with less than six years of service credit as of 
        July 1, 1998, and with prior service credit in a plan governed 
        by chapter 3A or 352C, "prior service contributions" means twice 
        the amount of the accumulated member contributions plus annual 
        compound interest at the rate of 8.5 percent, computed on fiscal 
        year balances.  
           (c) If a participant has taken a refund from a fund 
        retirement plan listed in this section, the participant may 
        repay the refund to that fund plan, notwithstanding any 
        restrictions on repayment to that fund plan, plus 8.5 percent 
        interest compounded annually and have the accumulated employee 
        and equal employer contributions transferred to the unclassified 
        program with interest at an annual rate of 8.5 percent 
        compounded annually based on fiscal year balances.  If a person 
        repays a refund and subsequently elects to have the money 
        transferred to the unclassified program, the repayment amount, 
        including interest, is added to the fiscal year balance in the 
        year which the repayment was made. 
           (d) A participant electing to transfer prior service 
        contributions credited to a retirement plan governed by chapter 
        352, 353, 354, 354A, or 422A as provided under this section must 
        complete the application for the transfer and repay any refund 
        within one year of July 1, 1985 or the commencement of the 
        employee's participation in the unclassified program, whichever 
        is later.  A participant electing to transfer prior service 
        contributions credited to a retirement plan governed by chapter 
        3A or 352C as provided under this section must complete the 
        application for the transfer and repay any refund between 
        January 5, 1999, and June 1, 1999, if the employee commenced 
        participation in the unclassified program before January 5, 
        1999, or within one year of the commencement of the employee's 
        participation in the unclassified program if the employee 
        commenced participation in the unclassified program after 
        January 4, 1999.  
           Sec. 75.  Minnesota Statutes 1997 Supplement, section 
        357.021, subdivision 1a, is amended to read: 
           Subd. 1a.  (a) Every person, including the state of 
        Minnesota and all bodies politic and corporate, who shall 
        transact any business in the district court, shall pay to the 
        court administrator of said court the sundry fees prescribed in 
        subdivision 2.  Except as provided in paragraph (d), the court 
        administrator shall transmit the fees monthly to the state 
        treasurer for deposit in the state treasury and credit to the 
        general fund.  
           (b) In a county which has a screener-collector position, 
        fees paid by a county pursuant to this subdivision shall be 
        transmitted monthly to the county treasurer, who shall apply the 
        fees first to reimburse the county for the amount of the salary 
        paid for the screener-collector position.  The balance of the 
        fees collected shall then be forwarded to the state treasurer 
        for deposit in the state treasury and credited to the general 
        fund.  In a county in the eighth judicial district which has a 
        screener-collector position, the fees paid by a county shall be 
        transmitted monthly to the state treasurer for deposit in the 
        state treasury and credited to the general fund.  A 
        screener-collector position for purposes of this paragraph is an 
        employee whose function is to increase the collection of fines 
        and to review the incomes of potential clients of the public 
        defender, in order to verify eligibility for that service. 
           (c) No fee is required under this section from the public 
        authority or the party the public authority represents in an 
        action for: 
           (1) child support enforcement or modification, medical 
        assistance enforcement, or establishment of parentage in the 
        district court, or child or medical support enforcement 
        conducted by an administrative law judge in an administrative 
        hearing under section 518.5511; 
           (2) civil commitment under chapter 253B; 
           (3) the appointment of a public conservator or public 
        guardian or any other action under chapters 252A and 525; 
           (4) wrongfully obtaining public assistance under section 
        256.98 or 256D.07, or recovery of overpayments of public 
        assistance; 
           (5) court relief under chapter 260; 
           (6) forfeiture of property under sections 169.1217 and 
        609.531 to 609.5317; 
           (7) recovery of amounts issued by political subdivisions or 
        public institutions under sections 246.52, 252.27, 256.045, 
        256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and 
        260.251, or other sections referring to other forms of public 
        assistance; or 
           (8) restitution under section 611A.04; or 
           (9) actions seeking monetary relief in favor of the state 
        pursuant to section 16D.14, subdivision 5. 
           (d) The fees collected for child support modifications 
        under subdivision 2, clause (13), must be transmitted to the 
        county treasurer for deposit in the county general fund.  The 
        fees must be used by the county to pay for child support 
        enforcement efforts by county attorneys. 
           Sec. 76.  Minnesota Statutes 1996, section 357.022, is 
        amended to read: 
           357.022 [CONCILIATION COURT FEE.] 
           The court administrator in every county shall charge and 
        collect a filing fee of $15 where the amount demanded is less 
        than $2,000 and $25 where the amount demanded is $2,000 or more 
        from every plaintiff and from every defendant when the first 
        paper for that party is filed in any conciliation court action.  
        This section does not apply to conciliation court actions filed 
        by the state.  The court administrator shall transmit the fees 
        monthly to the state treasurer for deposit in the state treasury 
        and credit to the general fund. 
           Sec. 77.  Minnesota Statutes 1996, section 363.05, 
        subdivision 3, is amended to read: 
           Subd. 3.  [MISSION; EFFICIENCY.] It is part of the 
        department's mission that within the department's resources the 
        commissioner shall endeavor to: 
           (1) prevent the waste or unnecessary spending of public 
        money; 
           (2) use innovative fiscal and human resource practices to 
        manage the state's resources and operate the department as 
        efficiently as possible; 
           (3) coordinate the department's activities wherever 
        appropriate with the activities of other governmental agencies; 
           (4) use technology where appropriate to increase agency 
        productivity, improve customer service, increase public access 
        to information about government, and increase public 
        participation in the business of government; 
           (5) utilize constructive and cooperative labor-management 
        practices to the extent otherwise required by chapters 43A and 
        179A; 
           (6) include specific objectives in report to the 
        legislature on the performance report required under section 
        15.91 to increase the efficiency of agency operations, when 
        appropriate and the accomplishment of agency goals in the 
        agency's biennial budget according to section 16A.10, 
        subdivision 1; and 
           (7) recommend to the legislature, in the performance report 
        of the department required under section 15.91, appropriate 
        changes in law necessary to carry out the mission and improve 
        the performance of the department. 
           Sec. 78.  Minnesota Statutes 1997 Supplement, section 
        394.232, subdivision 5, is amended to read: 
           Subd. 5.  [REVIEW AND COMMENT.] (a) The county or joint 
        planning district shall submit its community-based comprehensive 
        plan to the office of strategic and long-range planning for 
        review of the extent to which the plan promotes local citizen 
        participation, promotes cooperation among adjacent communities, 
        and demonstrates consideration of the community-based planning 
        goals in section 4A.08.  The plan is deemed approved 60 days 
        after submittal to the office, unless the office disagrees with 
        the plan as provided in paragraph (c) The office has 60 days 
        after submittal to comment on the plan. 
           (b) The office may not disapprove a community-based 
        comprehensive plan if the office determines that the plan meets 
        the requirements of this section promotes local citizen 
        participation, promotes cooperation among adjacent communities, 
        and demonstrates consideration of the community-based planning 
        goals in section 4A.08.  
           (c) If the office disagrees with a community-based 
        comprehensive plan or any elements of the plan, the office shall 
        notify the county or district in writing of the plan 
        deficiencies and suggested changes how the plan specifically 
        fails to address the goals of community-based planning.  Upon 
        receipt of the office's written comments, the county or district 
        has 60 120 days to revise the community-based comprehensive plan 
        and resubmit it to the office for reconsideration. 
           (d) If the county or district refuses to revise the plan or 
        the office disagrees with the revised plan, the office shall 
        within 60 days notify the county or district that it wishes to 
        initiate the dispute resolution process in chapter 572A. 
           (e) Within 30 60 days of notice from the office, the county 
        or joint planning district shall notify the office of its intent 
        to enter the dispute resolution process.  If the county or 
        district refuses to enter the dispute resolution process, the 
        county or district shall refund any state grant received for is 
        ineligible for any future grant disbursements related to 
        community-based planning activities through the office. 
           (f) Priority for other state grants, loans, and other 
        discretionary spending must not be given to local units of 
        government based on their participation in community-based 
        planning. 
           Sec. 79.  Minnesota Statutes 1996, section 469.177, 
        subdivision 11, is amended to read: 
           Subd. 11.  [DEDUCTION FOR ENFORCEMENT COSTS; 
        APPROPRIATION.] (a) The county treasurer shall deduct an amount 
        equal to 0.1 0.25 percent of any increment distributed to an 
        authority or municipality.  The county treasurer shall pay the 
        amount deducted to the state treasurer for deposit in the state 
        general fund. 
           (b) The amounts deducted and paid under paragraph (a) are 
        appropriated to the state auditor for the cost of (1) the 
        financial reporting of tax increment financing information and 
        (2) the cost of examining and auditing of authorities' use of 
        tax increment financing as provided under section 469.1771, 
        subdivision 1.  Notwithstanding section 16A.28 or any other law 
        to the contrary, this appropriation does not cancel and remains 
        available until spent.  
           Sec. 80.  [SETTLEMENT DIVISION; TRANSFER OF JUDGES.] 
           The office of administrative hearings shall establish a 
        settlement division.  The workers' compensation judges at the 
        department of labor and industry, together with their support 
        staff, offices, furnishings, equipment, and supplies, are 
        transferred to the settlement division of the office of 
        administrative hearings.  Minnesota Statutes, section 15.039, 
        applies to the transfer of employees.  The settlement division 
        of the office of administrative hearings shall maintain offices 
        in the cities of St. Paul, Duluth, and Detroit Lakes.  The 
        office of a judge in the settlement division of the office of 
        administrative hearings and the support staff of the judge may 
        be located in a building that contains offices of the department 
        of labor and industry.  The seniority of a workers' compensation 
        judge at the office of administrative hearings, after the 
        transfer, shall be based on the total length of service as a 
        judge at either agency.  For purposes of the commissioner's plan 
        under Minnesota Statutes, section 43A.18, subdivision 2, all 
        compensation judges at the office of administrative hearings 
        shall be considered to be in the same employment condition, the 
        same organizational unit and qualified for work in either 
        division. 
           Sec. 81.  [TRANSFER.] 
           Subdivision 1.  [DUTIES AFFECTED.] (a) The powers and 
        duties assigned to the workers' compensation judges at the 
        department of labor and industry on July 1, 1997, are 
        transferred from the commissioner of labor and industry to the 
        chief administrative law judge in the office of administrative 
        hearings.  The chief administrative law judge may assign the 
        transferred powers and duties to the workers' compensation 
        judges in the settlement division of the office of 
        administrative hearings.  These powers and duties include the 
        following:  
           (1) the authority to conduct settlement conferences and 
        issue summary decisions; 
           (2) the authority to approve settlement agreements and 
        issue orders on agreements; 
           (3) the authority to conduct administrative discontinuance 
        conferences, make determinations and issue orders regarding the 
        discontinuance disputes; 
           (4) the authority to issue orders on motions and conduct 
        special term evidentiary hearings related to the motions; 
           (5) the authority to approve attorney fees and award 
        taxable costs; 
           (6) the authority to make allocations of dependency 
        benefits; 
           (7) the authority to issue temporary orders; 
           (8) the authority to make an award regarding the remodeling 
        of the residence of a handicapped employee; 
           (9) the authority to conduct administrative conferences, 
        make determinations and issue orders regarding medical disputes 
        except where the amount in dispute is $1,500 or less; 
           (10) the authority to conduct administrative conferences; 
        and 
           (11) the authority to conduct administrative conferences, 
        make determinations and issue orders regarding any medical or 
        rehabilitation dispute where the commissioner of the department 
        of labor and industry determines that the issues involved should 
        be determined by a judge. 
           The other powers and duties of the commissioner of labor 
        and industry are unchanged by this section. 
           (b) The transfer of the power and duty to conduct 
        settlement conferences and approve settlement agreements does 
        not affect the ability of the commissioner of the department of 
        labor and industry to provide voluntary mediation services and 
        approve mediation agreements.  The powers and duties assigned to 
        the customer assistance teams on July 1, 1997, shall remain at 
        the department of labor and industry.  These powers shall 
        include: 
           (1) the authority to conduct voluntary mediation sessions; 
           (2) the authority to review mediation agreements and issue 
        mediation awards; 
           (3) the authority to conduct administrative conferences, 
        make determinations, and issue orders regarding rehabilitation 
        services and plans; 
           (4) the authority to conduct administrative conferences, 
        make determinations, and issue orders regarding medical disputes 
        when the amount in dispute is $1,500 or less; and 
           (5) the authority to award interest in any matter decided 
        by the commissioner. 
           Subd. 2.  [REFERRAL.] Within ten days of filing, the 
        commissioner shall refer all claim petitions and petitions for 
        temporary orders, statements of attorney fees, objections to 
        penalty assessments, and any other formal petitions or related 
        filings, to the settlement division of the office of 
        administrative hearings for review by a compensation judge, the 
        compensation judge shall determine whether a settlement 
        conference or other action is appropriate.  Within ten days of 
        filing, the commissioner shall refer all medical requests except 
        where the amount in dispute is $1,500 or less, to the settlement 
        division of the office of administrative hearings for 
        administrative conference. 
           Subd. 3.  [PROHIBITION.] The commissioner of administration 
        may not use authority in Minnesota Statutes, section 16B.37, nor 
        may any other executive branch official use this or any other 
        authority, to transfer powers, duties, work, or employees 
        relating to workers compensation judges. 
           Subd. 4.  [EXPIRATION.] Subdivisions 2 and 3 expire 
        February 15, 1999.  
           Sec. 82.  [TRANSFER OF FUNDS.] 
           The commissioner of finance shall, after consultation with 
        the commissioner of the department of labor and industry and the 
        chief administrative law judge, make the appropriate transfer of 
        funds from the department of labor and industry to the office of 
        administrative hearings.  The funds transferred shall be 
        sufficient to provide for the smooth operation of the settlement 
        division and pay the salaries of all personnel transferred to 
        the office of administrative hearings plus the salaries for any 
        judge or support staff positions that were filled on October 1, 
        1997, but are vacant on the effective date of this act.  The 
        commissioner of finance shall report to the legislature if the 
        appropriation for the department of labor and industry is 
        insufficient following the transfer of funds.  This section 
        expires February 15, 1999. 
           Sec. 83.  [SMALL CLAIMS COURT TRANSFER.] 
           The small claims court at the department of labor and 
        industry is transferred to the office of administrative hearings.
           Sec. 84.  [NO EFFECT ON CERTAIN AGREEMENTS.] 
           Sections 80 to 83 do not abrogate or modify the terms of a 
        memorandum of understanding entered into by the state and an 
        exclusive representative of state employees affected by the 
        transfer of duties in sections 80 to 83. 
           Sec. 85.  [PORTRAIT.] 
           If a private donor provides or provides funds for a museum 
        quality portrait of Rudy and Lola Perpich based on the portrait 
        currently on display at the Minnesota historical society, the 
        state must accept the gift.  The commissioner of administration 
        shall substitute the portrait of Rudy and Lola Perpich for the 
        portrait of Governor Rudy Perpich that currently is displayed on 
        the ground floor of the state capitol. 
           Sec. 86.  [LIVESTOCK INDUSTRY ENVIRONMENTAL STEERING 
        COMMITTEE.] 
           Subdivision 1.  [COMMITTEE.] The environmental quality 
        board shall establish the livestock industry environmental 
        steering committee consisting of representatives of the 
        livestock industry, environmental interests, and other 
        stakeholders.  The livestock environmental steering committee 
        shall advise the environmental quality board on the scope and 
        content of the generic environmental impact statement required 
        in subdivision 2. 
           Compensation of members and reimbursement of their expenses 
        is governed by Minnesota Statutes, section 15.059.  The 
        committee expires upon completion of the generic environmental 
        impact statement required in subdivision 2 and presentation of 
        the final report to the legislature. 
           Subd. 2.  [GENERIC ENVIRONMENTAL IMPACT STATEMENT.] A 
        generic environmental impact statement must be prepared under 
        the direction of the environmental quality board to examine the 
        long-term effects of the livestock industry as it exists and as 
        it is changing on the economy, environment, and way of life of 
        Minnesota and its citizens.  The study may address: 
           (1) the overall dimensions of animal agriculture in 
        Minnesota, including species of livestock; an inventory of 
        numbers, types, and locations of facilities; and the related 
        support networks and economic activity involved in the life 
        cycles of livestock; 
           (2) environmental issues associated with livestock 
        production from growing feed to raising the animals to their 
        shipment to their processing and sale to consumer; effects on 
        air, groundwater, surface water, land, and other aspects of the 
        environment both within and without the state examined and 
        correlated to various management practices, facilities, and 
        other variables affecting the environment; 
           (3) economic issues such as the various financial and 
        ownership arrangements currently or potentially used in the 
        industries, patterns of vertical integration, size, long-term 
        sustainability of various forms of ownership and production 
        methods, access to markets, current and anticipated financial 
        trends, effects of governmental policies, and comparative 
        economic impact of alternative means of production; and 
           (4) the roles of various units of government in regulation 
        of various aspects of feedlot operation including federal, 
        state, interstate bodies, counties, townships, soil conservation 
        districts, watershed districts, and others with planning, 
        zoning, or environmental responsibilities. 
           Subd. 3.  [EXPIRATION.] This section expires on June 30, 
        2001. 
           Sec. 87.  [DEADLINE FOR COMPLIANCE.] 
           The technology access standards required by section 27 must 
        be developed by January 1, 1999, and a requirement for 
        compliance with nonvisual access standards must be included in 
        all contracts covered by that section entered into after 
        December 31, 1998.  Compliance with section 27 in regard to 
        information and technology purchased before January 1, 1999, 
        must be achieved at the time of procurement of an upgrade or 
        replacement of the existing equipment or software.  
           Sec. 88.  [RULE EFFECTIVE DATE.] 
           Rules adopted after February 28, 1998, under Minnesota 
        Statutes, section 16B.165 or 216C.19, subdivision 8, or rules 
        changing the Minnesota Uniform Mechanical Code, may not take 
        effect before May 1, 1999. 
           Sec. 89.  [INSTRUCTION TO REVISOR.] 
           The revisor of statutes shall change the term "settlement 
        judge" to "compensation judge" wherever it appears in Minnesota 
        Statutes and Minnesota Rules. 
           Sec. 90.  [REPEALER.] 
           Minnesota Statutes 1996, section 3.971, subdivision 3; and 
        Minnesota Statutes 1997 Supplement, sections 16A.11, 
        subdivisions 3b and 3c; and 241.015, are repealed. 
           Sec. 91.  [EFFECTIVE DATE.] 
           This act is effective the day following final enactment, 
        except sections 17, 18, 25, 46, and 73 are effective July 1, 
        1998; sections 28 and 69 are effective January 4, 1999; and 
        section 79 is effective for increments distributed to an 
        authority or municipality after June 30, 1998. 
           Presented to the governor April 2, 1998 
           Signed by the governor April 6, 1998, 2:50 p.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569