1.1                          A bill for an act 
  1.2             relating to the organization and operation of state 
  1.3             government; appropriating money for the general 
  1.4             administrative expenses of state government; modifying 
  1.5             provisions relating to state government operations; 
  1.6             modifying budget preparation provisions; modifying 
  1.7             agency reporting; providing for certain reimbursement 
  1.8             of the health care access fund; modifying the Debt 
  1.9             Collection Act; requiring free Internet access to 
  1.10            certain state publications; creating the construction 
  1.11            codes advisory council and the livestock industry 
  1.12            environmental steering committee; providing for 
  1.13            consumer education on telemarketing fraud; modifying 
  1.14            lottery provisions; creating a settlement division in 
  1.15            the office of administrative hearings; transferring 
  1.16            the small claims court; amending Minnesota Statutes 
  1.17            1996, sections 3.3005, subdivision 2, and by adding a 
  1.18            subdivision; 4.07, subdivision 3; 14.04; 14.46, 
  1.19            subdivision 4; 15.91, subdivision 2; 16A.055, 
  1.20            subdivision 6; 16A.10, as amended; 16A.11, subdivision 
  1.21            3; 16A.72; 16B.04, subdivision 4; 16D.02, subdivision 
  1.22            3; 16D.04, subdivisions 1 and 4; 16D.06, subdivision 
  1.23            2; 16D.08, subdivision 2; 16D.11, as amended; 16D.14, 
  1.24            subdivisions 2, 3, and 5; 16D.16; 17.03, subdivision 
  1.25            11; 43A.04, subdivision 1a; 43A.17, subdivision 8; 
  1.26            43A.317, subdivision 8; 45.012; 84.027, subdivision 
  1.27            14; 116.03, subdivision 2a; 116J.011; 144.05, 
  1.28            subdivision 2; 174.02, subdivision 1a; 175.001, 
  1.29            subdivision 6; 190.09, subdivision 2; 196.05, 
  1.30            subdivision 2; 216A.07, subdivision 6; 268.0122, 
  1.31            subdivision 6; 270.02, subdivision 3a; 299A.01, 
  1.32            subdivision 1a; 349A.06, by adding a subdivision; 
  1.33            349A.10, subdivision 3; 349A.11; 352D.12; 357.022; 
  1.34            363.05, subdivision 3; and 469.177, subdivision 11; 
  1.35            Minnesota Statutes 1997 Supplement, sections 16A.103, 
  1.36            subdivision 1; 16A.11, subdivision 1; 16E.01, 
  1.37            subdivision 3; 16E.03, subdivisions 1, 3, 4, and 5; 
  1.38            16E.07, subdivision 3; 43A.30, subdivision 5; 
  1.39            120.0111; 241.01, subdivision 3b; 245.03, subdivision 
  1.40            2; 270.063, subdivision 1; 357.021, subdivision 1a; 
  1.41            and 394.232, subdivision 5; proposing coding for new 
  1.42            law in Minnesota Statutes, chapters 16B; 16D; 325G; 
  1.43            and 349A; repealing Minnesota Statutes 1996, section 
  1.44            3.971, subdivision 3; Minnesota Statutes 1997 
  1.45            Supplement, sections 16A.11, subdivisions 3b and 3c; 
  1.46            and 241.015. 
  2.1   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.2   Section 1.  [STATE GOVERNMENT APPROPRIATIONS.] 
  2.3      The sums in the columns headed "APPROPRIATIONS" are 
  2.4   appropriated from the general fund, or another named fund, to 
  2.5   the agencies and for the purposes specified to be available for 
  2.6   the fiscal years indicated for each purpose. 
  2.7                           SUMMARY BY FUND
  2.8                                             1998         1999
  2.9   General                           $    1,965,000 $   31,058,000
  2.10  Special Revenue                            -0-           15,000
  2.11  Natural Resources                          -0-           25,000
  2.12  Game and Fish                              -0-           33,000
  2.13  Trunk Highway                              -0-           55,000
  2.14  Lottery Prize                              -0-          750,000
  2.15                                             APPROPRIATIONS 
  2.16                                         Available for the Year 
  2.17                                             Ending June 30 
  2.18                                            1998         1999 
  2.19  Sec. 2.  LEGISLATURE                                     25,000
  2.20  This appropriation is to the 
  2.21  legislative coordinating commission for 
  2.22  a grant to the Council of State 
  2.23  Governments to organize and fund a 
  2.24  series of meetings between members of 
  2.25  the Minnesota legislature and members 
  2.26  of the Manitoba and Ontario 
  2.27  parliaments.  Approximately six members 
  2.28  of each body may attend the meetings.  
  2.29  Meetings may involve all three bodies 
  2.30  or the legislature and one of the 
  2.31  parliaments.  The meetings shall be at 
  2.32  the capital cities of the state or of 
  2.33  the provinces. 
  2.34  Sec. 3.  ATTORNEY GENERAL                 -0-        24,100,000
  2.35  $23,000,000 is for overall core 
  2.36  functions. 
  2.37  $250,000 is for assistance to counties 
  2.38  for felony prosecutions, implied 
  2.39  consent hearings, community 
  2.40  notification of sex offenders, and 
  2.41  commitment of sexually dangerous 
  2.42  persons. 
  2.43  $250,000 is for gaming enforcement. 
  2.44  $500,000 is for legal services to state 
  2.45  agencies. 
  2.46  $100,000 is to educate citizens with 
  2.47  respect to telemarketing fraud, as 
  2.48  provided in new Minnesota Statutes, 
  2.49  section 325G.53. 
  3.1   The commissioner of finance and the 
  3.2   attorney general shall convene a joint 
  3.3   executive-legislative task force to 
  3.4   evaluate: 
  3.5   (1) the availability of legal services 
  3.6   from the attorney general's office 
  3.7   necessary to meet the needs of state 
  3.8   government; 
  3.9   (2) the adequacy and suitability of the 
  3.10  current mechanism for funding legal 
  3.11  services; 
  3.12  (3) the appropriateness of billing 
  3.13  rates to cover the cost of legal 
  3.14  services; and 
  3.15  (4) the appropriateness of the current 
  3.16  process for setting billing rates. 
  3.17  In addition to representatives of the 
  3.18  commissioner and the attorney general, 
  3.19  the task force must include 
  3.20  representatives of partner and 
  3.21  nonpartner agencies receiving services 
  3.22  from the office of the attorney 
  3.23  general, legislative fiscal staff 
  3.24  representing committees responsible for 
  3.25  funding the office of the attorney 
  3.26  general, and the office of the 
  3.27  legislative auditor. 
  3.28  By November 15, 1998, the task force 
  3.29  shall report the progress and status of 
  3.30  its evaluation to the committees 
  3.31  responsible for funding the office of 
  3.32  the attorney general.  By January 15, 
  3.33  1999, the task force shall make a final 
  3.34  report to the committees responsible 
  3.35  for funding the office of the attorney 
  3.36  general.  The final report shall 
  3.37  identify proposed improvements in the 
  3.38  current funding system and make 
  3.39  recommendations to improve the 
  3.40  availability of legal services, the 
  3.41  funding of services, and the 
  3.42  accountability of legal costs by all 
  3.43  parties. 
  3.44  Sec. 4.  SECRETARY OF STATE                -0-          100,000
  3.45  This appropriation is to make necessary 
  3.46  changes to the statewide voter 
  3.47  registration system to facilitate 
  3.48  reassignment of voters to the correct 
  3.49  precinct and election districts 
  3.50  following legislative redistricting in 
  3.51  2002.  This appropriation is available 
  3.52  until June 30, 2000. 
  3.53  Sec. 5.  OFFICE OF STRATEGIC AND
  3.54  LONG-RANGE PLANNING                    1,215,000         85,000
  3.55  $15,000 is appropriated in fiscal year 
  3.56  1998 and $65,000 is appropriated in 
  3.57  fiscal year 1999 for census-related 
  3.58  activities. 
  3.59  $1,200,000 in fiscal year 1998 is for 
  3.60  purposes of section 86.  This 
  4.1   appropriation is available until June 
  4.2   30, 1999.  
  4.3   $20,000 in fiscal year 1999 is for a 
  4.4   grant to the southwest regional 
  4.5   development commission in region 8 to 
  4.6   assist local units of government with 
  4.7   the preparation of local land use plans.
  4.8   Sec. 6.  DEPARTMENT OF
  4.9   ADMINISTRATION                             -0-        4,900,000
  4.10  $4,371,000 is appropriated in fiscal 
  4.11  year 1999 for modifications of state 
  4.12  business systems to address year 2000 
  4.13  changes.  This appropriation is added 
  4.14  to the appropriation for technology 
  4.15  management in Laws 1997, chapter 202, 
  4.16  article 1, section 12, subdivision 7. 
  4.17  $150,000 is appropriated in fiscal year 
  4.18  1999 for the office of citizenship and 
  4.19  volunteer services for coordinating the 
  4.20  Minnesota alliance with youth 
  4.21  initiative. 
  4.22  $315,000 in fiscal year 1999 is for a 
  4.23  grant to Pioneer Public Television for 
  4.24  the construction of a noncommercial 
  4.25  television translator tower.  The 
  4.26  construction of this tower will 
  4.27  primarily enable the residents of Otter 
  4.28  Tail county to receive this 
  4.29  noncommercial television signal.  
  4.30  Before state funds are released for 
  4.31  this project, a license to operate this 
  4.32  facility must be granted by the Federal 
  4.33  Communications Commission.  In order to 
  4.34  qualify for this grant, Pioneer Public 
  4.35  Television must provide a match which 
  4.36  equals at least 25 percent of the total 
  4.37  project costs from nonstate government 
  4.38  sources. 
  4.39  $20,000 is for a portrait of Governor 
  4.40  Carlson. 
  4.41  $44,000 is for costs associated with 
  4.42  making the State Register and the 
  4.43  guidebook to state agency services 
  4.44  available on the Internet.  The 
  4.45  management analysis division of the 
  4.46  department of administration must 
  4.47  analyze the financial impacts of making 
  4.48  the State Register and the guidebook to 
  4.49  state agency services available on the 
  4.50  Internet on the department's bookstore 
  4.51  operation.  The division must report 
  4.52  its preliminary findings to the chairs 
  4.53  of the house and senate governmental 
  4.54  operations budget and finance divisions 
  4.55  by January 15, 1999.  A complete 
  4.56  analysis of fiscal impacts must be 
  4.57  submitted to these chairs by January 
  4.58  15, 2000. 
  4.59  Sec. 7.  DEPARTMENT OF EMPLOYEE 
  4.60  RELATIONS                                750,000         -0-   
  4.61  For transfer to the insurance trust 
  4.62  fund under Minnesota Statutes, section 
  5.1   43A.316, subdivision 9, for the 
  5.2   purposes stated in that subdivision.  
  5.3   The commissioner of employee relations 
  5.4   shall study and report to the 
  5.5   legislature by August 1, 1999, to:  (1) 
  5.6   determine what temporary state jobs 
  5.7   occupied by disabled individuals are 
  5.8   filled by able-bodied individuals when 
  5.9   the jobs become permanent; (2) examine 
  5.10  whether state agencies are in 
  5.11  compliance with state and federal law 
  5.12  in hiring qualified disabled 
  5.13  individuals; and (3) recommend any 
  5.14  assistance state agencies may need to 
  5.15  comply with applicable laws.  
  5.16  Sec. 8.  REVENUE                                       731,000 
  5.17  This appropriation is added to the 
  5.18  appropriation in Laws 1997, chapter 
  5.19  202, article 1, section 17, subdivision 
  5.20  8, and must be used for information 
  5.21  systems and to expand the Minnesota 
  5.22  collection enterprise office staff in 
  5.23  Ely.  The legislature estimates that 
  5.24  this appropriation will result in 
  5.25  increased revenue to the general fund 
  5.26  of $1,000,000 in fiscal year 1999. 
  5.27  Sec. 9.  AMATEUR SPORTS COMMISSION                     100,000  
  5.28  For a grant to the United States 
  5.29  Olympic Committee's Minnesota Olympic 
  5.30  development program to fund development 
  5.31  of a statewide winter sports program 
  5.32  for females and at-risk youth. 
  5.33  Sec. 10.  INSURANCE PREMIUM
  5.34  SUPPLEMENT                                -0-           435,000
  5.35                          SUMMARY BY FUND
  5.36  General                 -0-           307,000
  5.37  Water Recreation        -0-            23,000
  5.38  Snowmobile Trails and
  5.39  Enforcement             -0-             2,000
  5.40  Special Revenue         -0-            15,000
  5.41  Game and Fish           -0-            33,000
  5.42  Trunk Highway           -0-            55,000
  5.43  The amounts appropriated are to the 
  5.44  commissioner of finance for the second 
  5.45  year of the biennium for transfer to 
  5.46  agencies affected by cost increases due 
  5.47  to the extension of eligibility for 
  5.48  employer-paid premiums for health, 
  5.49  dental, and life insurance to part-time 
  5.50  seasonal employees as provided in 
  5.51  collective bargaining agreements for 
  5.52  the current biennium. 
  5.53  The schedule provided in the 1998 
  5.54  supplemental budget recommendation 
  5.55  detail page supporting the governor's 
  5.56  request for these appropriations must 
  6.1   be applied when determining base-level 
  6.2   funding of affected agencies for the 
  6.3   biennium ending June 30, 2001.  
  6.4   Sec. 11.  PUBLIC EMPLOYEES
  6.5   RETIREMENT ASSOCIATION                     -0-           10,000
  6.6   This appropriation is the state's share 
  6.7   of the contribution necessary to fund 
  6.8   the special surviving spouse benefit 
  6.9   authorized by H.F. No. 2970, article 2, 
  6.10  if enacted.  The amount is payable to 
  6.11  the public employees retirement 
  6.12  association within 30 days following 
  6.13  the receipt by that association of the 
  6.14  contribution by the city of St. Paul 
  6.15  under H.F. No. 2970, article 2, if 
  6.16  enacted. 
  6.17  Sec. 12.  MINNESOTA STATE 
  6.18  RETIREMENT SYSTEM                                       700,000
  6.19  This appropriation may be expended 
  6.20  solely to make the transfer of prior 
  6.21  service contributions as permitted 
  6.22  under Minnesota Statutes, section 
  6.23  352D.12, as amended by this act. 
  6.24  Sec. 13.  HUMAN SERVICES                                750,000 
  6.25  From the Minnesota lottery prize fund 
  6.26  to be used for Project Turnabout in 
  6.27  Granite Falls.  This appropriation 
  6.28  shall not become part of the base 
  6.29  appropriation for the 2000-2001 
  6.30  biennium. 
  6.31  Other than the appropriation in this 
  6.32  act, or in Laws 1997, chapter 202, no 
  6.33  more than $340,000 may be appropriated 
  6.34  for fiscal year 1999 from the lottery 
  6.35  prize fund or the lottery operations 
  6.36  account for compulsive gambling 
  6.37  treatment or education.  This provision 
  6.38  supersedes any other provision enacted 
  6.39  in 1998, whether enacted before or 
  6.40  after this provision. 
  6.41     Sec. 14.  Minnesota Statutes 1996, section 3.3005, 
  6.42  subdivision 2, is amended to read: 
  6.43     Subd. 2.  A state agency shall not expend money received by 
  6.44  it under federal law for any purpose unless a request to spend 
  6.45  federal money from that source for that purpose in that fiscal 
  6.46  year has been submitted by the governor to the legislature as a 
  6.47  part of a budget request submitted during or within ten days 
  6.48  before the start of a regular legislative session, or unless 
  6.49  specifically authorized by law or as provided by this section.  
  6.50     Sec. 15.  Minnesota Statutes 1996, section 3.3005, is 
  6.51  amended by adding a subdivision to read: 
  6.52     Subd. 2a.  [REVIEW OF FEDERAL FUNDS SPENDING 
  7.1   REQUEST.] Twenty days after a governor's budget request that 
  7.2   includes a request to spend federal money is submitted to the 
  7.3   legislature under subdivision 2, a state agency may expend money 
  7.4   included in that request unless, within the 20-day period, a 
  7.5   member of the legislative advisory commission requests further 
  7.6   review.  If a legislative advisory commission member requests 
  7.7   further review of a federal funds spending request, the agency 
  7.8   may not expend the federal funds until the request has been 
  7.9   satisfied and withdrawn, the expenditure is approved in law, or 
  7.10  the regular session of the legislature is adjourned for the year.
  7.11     Sec. 16.  Minnesota Statutes 1996, section 4.07, 
  7.12  subdivision 3, is amended to read: 
  7.13     Subd. 3.  [FEDERAL AND STATE LAW; APPROPRIATION OF FUNDS.] 
  7.14  The governor or any state department or agency designated by the 
  7.15  governor shall comply with any and all requirements of federal 
  7.16  law and any rules and regulations promulgated thereunder to 
  7.17  enable the application for, the receipt of, and the acceptance 
  7.18  of such federal funds.  The expenditure of any such funds 
  7.19  received shall be governed by the laws of the state except 
  7.20  insofar as federal requirements may otherwise provide.  All such 
  7.21  money received by the governor or any state department or agency 
  7.22  designated by the governor for such purpose shall be deposited 
  7.23  in the state treasury and, subject to section 3.3005, are hereby 
  7.24  appropriated annually in order to enable the governor or the 
  7.25  state department or agency designated by the governor for such 
  7.26  purpose to carry out the purposes for which the funds are 
  7.27  received.  None of such federal money so deposited in the state 
  7.28  treasury shall cancel and they shall be available for 
  7.29  expenditure in accordance with the requirements of federal law.  
  7.30     Sec. 17.  Minnesota Statutes 1996, section 14.04, is 
  7.31  amended to read: 
  7.32     14.04 [AGENCY ORGANIZATION; GUIDEBOOK.] 
  7.33     To assist interested persons dealing with it, each agency 
  7.34  ~~shall~~ must, in a manner prescribed by the commissioner of 
  7.35  administration, prepare a description of its organization, 
  7.36  stating the general course and method of its operations and 
  8.1   where and how the public may obtain information or make 
  8.2   submissions or requests.  The commissioner of administration 
  8.3   ~~shall~~ must publish these descriptions at least once every four 
  8.4   years commencing in 1981 in a guidebook of state agencies.  
  8.5   Notice of the publication of the guidebook ~~shall~~ must be 
  8.6   published in the State Register and given in newsletters, 
  8.7   newspapers, or other publications, or through other means of 
  8.8   communication.  The commissioner must make an electronic version 
  8.9   of the guidebook available on the Internet free of charge 
  8.10  through the North Star information service. 
  8.11     Sec. 18.  Minnesota Statutes 1996, section 14.46, 
  8.12  subdivision 4, is amended to read: 
  8.13     Subd. 4.  [COST; DISTRIBUTION.] When an agency properly 
  8.14  submits a rule, proposed rule, notice, or other material to the 
  8.15  commissioner of administration, the commissioner ~~shall~~ must then 
  8.16  be accountable for the publication of the same in the State 
  8.17  Register.  The commissioner of administration ~~shall~~ must require 
  8.18  each agency which requests the publication of rules, proposed 
  8.19  rules, notices, or other material in the State Register to pay 
  8.20  its proportionate cost of the State Register unless other funds 
  8.21  are provided and are sufficient to cover the cost of the State 
  8.22  Register. 
  8.23     The State Register ~~shall~~ must be offered for public sale at 
  8.24  a location centrally located as determined by the commissioner 
  8.25  of administration and at a price as the commissioner of 
  8.26  administration ~~shall determine~~ determines.  The commissioner of 
  8.27  administration ~~shall~~ must further provide for the mailing of the 
  8.28  State Register to any person, agency, or organization if so 
  8.29  requested, provided that reasonable costs are borne by the 
  8.30  requesting party.  The supply and expense appropriation to any 
  8.31  state agency is deemed to include funds to purchase the State 
  8.32  Register.  Ten copies of each issue of the State Register, 
  8.33  however, ~~shall~~ must be provided without cost to the legislative 
  8.34  reference library and ten copies to the state law library.  One 
  8.35  copy ~~shall~~ must be provided without cost to a public library in 
  8.36  each county seat in the state or, if there is no public library 
  9.1   in a county seat, to a public library in the county as 
  9.2   designated by the county board.  The commissioner ~~shall~~ must 
  9.3   advise the recipient libraries of the significance and content 
  9.4   of the State Register and ~~shall~~ encourage efforts to promote its 
  9.5   usage. 
  9.6      The commissioner must make an electronic version of the 
  9.7   State Register available on the Internet free of charge through 
  9.8   the North Star information service. 
  9.9      Sec. 19.  Minnesota Statutes 1996, section 15.91, 
  9.10  subdivision 2, is amended to read: 
  9.11     Subd. 2.  [PERFORMANCE REPORTS.] By ~~November 30~~ January 2 
  9.12  of each ~~even-numbered~~ odd-numbered year, each agency shall issue 
  9.13  a performance report that includes the following: 
  9.14     (1) the agency's mission; 
  9.15     (2) the most important goals and objectives ~~for each major~~ 
  9.16  ~~program for which the agency will request funding in its next~~ 
  9.17  ~~biennial budget;~~ 
  9.18     ~~(3) identification of the populations served by the~~ 
  9.19  ~~programs~~ that support the agency's mission; and 
  9.20     ~~(4) workload, efficiency, output, and outcome~~ 
  9.21     (3) the most important measures for ~~each program~~ goals and 
  9.22  objectives listed in the report, with data showing ~~each~~ 
  9.23  ~~programs'~~ actual performance relative to these measures ~~for the~~ 
  9.24  ~~previous four fiscal years and the performance the agency~~ 
  9.25  ~~projects it will achieve during the next two fiscal years with~~ 
  9.26  ~~the level of funding it has requested~~. 
  9.27     ~~If it would enhance an understanding of its mission,~~ 
  9.28  ~~programs, and performance, the agency shall include in its~~ 
  9.29  ~~report information that describes the broader economic, social,~~ 
  9.30  ~~and physical environment in which the agency's programs are~~ 
  9.31  ~~administered.~~ 
  9.32     Each agency shall send a copy of its performance report to 
  9.33  the speaker of the house, president of the senate, legislative 
  9.34  auditor, and legislative reference library, and provide a copy 
  9.35  to others upon request. 
  9.36     The commissioner of finance shall ensure that performance 
 10.1   reports are complete, succinct, accurate, and reliable and 
 10.2   compiled in such a way that they are useful to the public, 
 10.3   legislators, and managers in state government.  ~~To maintain a~~ 
 10.4   ~~computerized performance data system, the commissioner of~~ 
 10.5   ~~finance may require agencies to provide performance data~~ 
 10.6   ~~annually.~~ 
 10.7      The legislative auditor shall periodically review and 
 10.8   comment on selected performance reports ~~as provided for by~~ 
 10.9   ~~section 3.971, subdivision 3~~. 
 10.10     Sec. 20.  Minnesota Statutes 1996, section 16A.055, 
 10.11  subdivision 6, is amended to read: 
 10.12     Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
 10.13  department's mission that within the department's resources the 
 10.14  commissioner shall endeavor to: 
 10.15     (1) prevent the waste or unnecessary spending of public 
 10.16  money; 
 10.17     (2) use innovative fiscal and human resource practices to 
 10.18  manage the state's resources and operate the department as 
 10.19  efficiently as possible; 
 10.20     (3) coordinate the department's activities wherever 
 10.21  appropriate with the activities of other governmental agencies; 
 10.22     (4) use technology where appropriate to increase agency 
 10.23  productivity, improve customer service, increase public access 
 10.24  to information about government, and increase public 
 10.25  participation in the business of government; 
 10.26     (5) utilize constructive and cooperative labor-management 
 10.27  practices to the extent otherwise required by chapters 43A and 
 10.28  179A; 
 10.29     (6) ~~include specific objectives in~~ report to the 
 10.30  legislature on the performance ~~report required under section~~ 
 10.31  ~~15.91 to increase the efficiency~~ of agency operations~~, when~~ 
 10.32  ~~appropriate~~ and the accomplishment of agency goals in the 
 10.33  agency's biennial budget according to section 16A.10, 
 10.34  subdivision 1; and 
 10.35     (7) recommend to the legislature~~, in the performance report~~ 
 10.36  ~~of the department required under section 15.91,~~ appropriate 
 11.1   changes in law necessary to carry out the mission and improve 
 11.2   the performance of the department. 
 11.3      Sec. 21.  Minnesota Statutes 1996, section 16A.10, as 
 11.4   amended by Laws 1997, chapter 202, article 2, section 12, is 
 11.5   amended to read: 
 11.6      16A.10 [BUDGET PREPARATION.] 
 11.7      Subdivision 1.  [BUDGET FORMAT.] In each even-numbered 
 11.8   calendar year the commissioner shall prepare budget forms and 
 11.9   instructions for all agencies, including guidelines for 
 11.10  reporting agency performance measures, subject to the approval 
 11.11  of the governor.  The commissioner shall request and receive 
 11.12  advisory recommendations from the chairs of the senate finance 
 11.13  committee and house of representatives ways and means committee 
 11.14  before adopting a format for the biennial budget document.  By 
 11.15  June 15, the commissioner shall send the proposed budget forms 
 11.16  to the appropriations and finance committees.  The committees 
 11.17  have until July 15 to give the commissioner their advisory 
 11.18  recommendations on possible improvements.  To facilitate this 
 11.19  consultation, the commissioner shall establish a working group 
 11.20  consisting of executive branch staff and designees of the chairs 
 11.21  of the senate finance and house of representatives ways and 
 11.22  means committees.  The commissioner must involve this group in 
 11.23  all stages of development of budget forms and instructions.  The 
 11.24  budget format must show actual expenditures and receipts for the 
 11.25  two most recent fiscal years, estimated expenditures and 
 11.26  receipts for the current fiscal year, and estimates for each 
 11.27  fiscal year of the next biennium.  Estimated expenditures must 
 11.28  be classified by funds and character of expenditures and may be 
 11.29  subclassified by programs and activities.  Agency revenue 
 11.30  estimates must show how the estimates were made and what factors 
 11.31  were used.  Receipts must be classified by funds, programs, and 
 11.32  activities.  Expenditure and revenue estimates must be based on 
 11.33  the law in existence at the time the estimates are prepared. 
 11.34     Subd. 1a.  [PURPOSE OF PERFORMANCE DATA.] Performance data 
 11.35  shall be presented in the budget proposal to: 
 11.36     (1) provide information so that the legislature can 
 12.1   determine the extent to which state programs are successful; 
 12.2      (2) encourage agencies to develop clear goals and 
 12.3   objectives for their programs; and 
 12.4      (3) strengthen accountability to Minnesotans by providing a 
 12.5   record of state government's performance in providing effective 
 12.6   and efficient services. 
 12.7      Subd. 1b.  [PERFORMANCE DATA FORMAT.] Agencies shall 
 12.8   present performance data that measures the performance of 
 12.9   programs in meeting program goals and objectives.  Measures 
 12.10  reported may include indicators of outputs, efficiency, 
 12.11  outcomes, and other measures relevant to understanding each 
 12.12  program.  Agencies shall present as much historical information 
 12.13  as needed to understand major trends and shall set targets for 
 12.14  future performance issues where feasible and appropriate.  The 
 12.15  information shall appropriately highlight agency performance 
 12.16  issues that would assist legislative review and decision making. 
 12.17     Subd. 2.  [BY OCTOBER 15 AND NOVEMBER 30.] By October 15 of 
 12.18  each even-numbered year, an agency must file the following with 
 12.19  the commissioner:  
 12.20     (1) budget estimates for the most recent and current fiscal 
 12.21  years; 
 12.22     (2) its upcoming biennial budget estimates; 
 12.23     (3) a comprehensive and integrated statement of agency 
 12.24  missions and outcome and performance measures; and 
 12.25     (4) a concise explanation of any planned changes in the 
 12.26  level of services or new activities. 
 12.27     The commissioner shall prepare and file the budget 
 12.28  estimates for an agency failing to file them.  By November 30, 
 12.29  the commissioner shall send the final budget format, agency 
 12.30  budget ~~plans or requests~~ estimates for the next biennium, and 
 12.31  copies of the filed material to the ways and means and finance 
 12.32  committees, except that the commissioner shall not be required 
 12.33  to transmit information that identifies executive branch budget 
 12.34  decision items.  At this time, a list of each employee's name, 
 12.35  title, and salary must be available to the legislature, either 
 12.36  on paper or through electronic retrieval. 
 13.1      Subd. 3.  [DUTIES TO GOVERNOR-ELECT.] Immediately after the 
 13.2   election of a new governor, the commissioner shall report the 
 13.3   budget estimates and make available to the governor-elect all 
 13.4   department information, staff, and facilities relating to the 
 13.5   budget. 
 13.6      Sec. 22.  Minnesota Statutes 1997 Supplement, section 
 13.7   16A.103, subdivision 1, is amended to read: 
 13.8      Subdivision 1.  [STATE REVENUE AND EXPENDITURES.] In 
 13.9   February and November each year, the commissioner shall prepare 
 13.10  ~~and deliver to the governor and legislature~~ a forecast of state 
 13.11  revenue and expenditures.  The November forecast must be 
 13.12  delivered to the legislature and governor no later than the end 
 13.13  of the first week of December.  The February forecast must be 
 13.14  delivered to the legislature and governor by the end of 
 13.15  February.  The forecast must assume the continuation of current 
 13.16  laws and reasonable estimates of projected growth in the 
 13.17  national and state economies and affected populations.  Revenue 
 13.18  must be estimated for all sources provided for in current law.  
 13.19  Expenditures must be estimated for all obligations imposed by 
 13.20  law and those projected to occur as a result of inflation and 
 13.21  variables outside the control of the legislature.  In 
 13.22  determining the rate of inflation, the application of inflation, 
 13.23  and the other variables to be included in the expenditure part 
 13.24  of the forecast, the commissioner must consult with the chair of 
 13.25  the senate state government finance committee, the chair of the 
 13.26  house committee on ways and means, and house and senate fiscal 
 13.27  staff.  In addition, the commissioner shall forecast Minnesota 
 13.28  personal income for each of the years covered by the forecast 
 13.29  and include these estimates in the forecast documents.  A 
 13.30  forecast prepared during the first fiscal year of a biennium 
 13.31  must cover that biennium and the next biennium.  A forecast 
 13.32  prepared during the second fiscal year of a biennium must cover 
 13.33  that biennium and the next two bienniums. 
 13.34     Sec. 23.  Minnesota Statutes 1997 Supplement, section 
 13.35  16A.11, subdivision 1, is amended to read: 
 13.36     Subdivision 1.  [WHEN.] The governor shall submit a 
 14.1   ~~four-part~~ three-part budget to the legislature.  Parts one and 
 14.2   two, the budget message and detailed operating budget, must be 
 14.3   submitted by the fourth Tuesday in January in each odd-numbered 
 14.4   year.  However, in a year following the election of a governor 
 14.5   who had not been governor the previous year, parts one and two 
 14.6   must be submitted by the third Tuesday in February.  Part three, 
 14.7   the detailed recommendations as to capital expenditure, must be 
 14.8   submitted as follows:  agency capital budget requests by July 1 
 14.9   of each odd-numbered year, and governor's recommendations by 
 14.10  January 15 of each even-numbered year.  ~~Part four, the~~ Detailed 
 14.11  recommendations as to information technology expenditure, must 
 14.12  be submitted ~~at the same time the governor submits the budget~~ 
 14.13  ~~message to the legislature~~ as part of the detailed operating 
 14.14  budget.  Information technology recommendations must include 
 14.15  projects to be funded during the next biennium and planning 
 14.16  estimates for an additional two bienniums.  Information 
 14.17  technology recommendations must specify purposes of the funding 
 14.18  such as infrastructure, hardware, software, or training.  
 14.19     Sec. 24.  Minnesota Statutes 1996, section 16A.11, 
 14.20  subdivision 3, is amended to read: 
 14.21     Subd. 3.  [PART TWO:  DETAILED BUDGET.] Part two of the 
 14.22  budget, the detailed budget estimates both of expenditures and 
 14.23  revenues, ~~shall~~ must contain any statements on the financial 
 14.24  plan which the governor believes desirable or which may be 
 14.25  required by the legislature.  ~~Part of the budget must be~~ 
 14.26  ~~prepared using performance-based budgeting concepts.  In this~~ 
 14.27  ~~subdivision, "performance-based budgeting" means a budget system~~ 
 14.28  ~~that identifies agency outcomes and results and provides~~ 
 14.29  ~~comprehensive information regarding actual and proposed changes~~ 
 14.30  ~~in funding and outcomes.~~  The detailed estimates shall include 
 14.31  the governor's budget ~~plan of each agency~~ arranged in tabular 
 14.32  form ~~so it may readily be compared with the governor's budget~~ 
 14.33  ~~for each agency~~.  The detailed estimates must include a separate 
 14.34  line listing the total number of professional or technical 
 14.35  service contracts and the total cost of those contracts for the 
 14.36  prior biennium and the projected number of professional or 
 15.1   technical service contracts and the projected costs of those 
 15.2   contracts for the current and upcoming biennium.  They ~~shall~~ 
 15.3   must also include~~, as part of each agency's organization chart,~~ 
 15.4   a summary of the personnel employed by the agency, ~~showing the~~ 
 15.5   reflected as full-time equivalent positions ~~for the current~~ 
 15.6   ~~biennium, and the number of full-time equivalent employees of~~ 
 15.7   ~~all kinds employed by the agency on June 30 of the last complete~~ 
 15.8   ~~fiscal year~~, and the number of professional or technical service 
 15.9   consultants for the current biennium. 
 15.10     Sec. 25.  Minnesota Statutes 1996, section 16A.72, is 
 15.11  amended to read: 
 15.12     16A.72 [INCOME CREDITED TO GENERAL FUND; EXCEPTIONS.] 
 15.13     All income, including fees or receipts of any nature, shall 
 15.14  be credited to the general fund, except:  
 15.15     (1) federal aid; 
 15.16     (2) contributions, or reimbursements received for any 
 15.17  account of any division or department for which an appropriation 
 15.18  is made by law; 
 15.19     (3) income to the University of Minnesota; 
 15.20     (4) income to revolving funds now established in 
 15.21  institutions under the control of the commissioners of 
 15.22  corrections or human services; 
 15.23     (5) investment earnings resulting from the master lease 
 15.24  program, except that the amount credited to another fund or 
 15.25  account may not exceed the amount of the additional expense 
 15.26  incurred by that fund or account through participation in the 
 15.27  master lease program; 
 15.28     (6) investment earnings resulting from any gift, donation, 
 15.29  device, endowment, trust, or court ordered or approved escrow 
 15.30  account or trust fund, which should be credited to the fund or 
 15.31  account and appropriated for the purpose for which it was 
 15.32  received; 
 15.33     (7) receipts from the operation of patients' and inmates' 
 15.34  stores and vending machines, which shall be deposited in the 
 15.35  social welfare fund in each institution for the benefit of the 
 15.36  patients and inmates; 
 16.1      ~~(7)~~ (8) money received in payment for services of inmate 
 16.2   labor employed in the industries carried on in the state 
 16.3   correctional facilities which receipts shall be credited to the 
 16.4   current expense fund of those facilities; 
 16.5      ~~(8)~~ (9) as provided in sections 16B.57 and 85.22; 
 16.6      ~~(9)~~ (10) income to the Minnesota historical society; 
 16.7      ~~(10)~~ (11) the percent of income collected by a private 
 16.8   collection agency and retained by the collection agency as its 
 16.9   collection fee; or 
 16.10     ~~(11)~~ (12) as otherwise provided by law. 
 16.11     Sec. 26.  Minnesota Statutes 1996, section 16B.04, 
 16.12  subdivision 4, is amended to read: 
 16.13     Subd. 4.  [MISSION; EFFICIENCY.] It is part of the 
 16.14  department's mission that within the department's resources the 
 16.15  commissioner shall endeavor to: 
 16.16     (1) prevent the waste or unnecessary spending of public 
 16.17  money; 
 16.18     (2) use innovative fiscal and human resource practices to 
 16.19  manage the state's resources and operate the department as 
 16.20  efficiently as possible; 
 16.21     (3) coordinate the department's activities wherever 
 16.22  appropriate with the activities of other governmental agencies; 
 16.23     (4) use technology where appropriate to increase agency 
 16.24  productivity, improve customer service, increase public access 
 16.25  to information about government, and increase public 
 16.26  participation in the business of government; 
 16.27     (5) utilize constructive and cooperative labor-management 
 16.28  practices to the extent otherwise required by chapters 43A and 
 16.29  179A; 
 16.30     (6) ~~include specific objectives in~~ report to the 
 16.31  legislature on the performance ~~report required under section~~ 
 16.32  ~~15.91 to increase the efficiency~~ of agency operations~~, when~~ 
 16.33  ~~appropriate~~ and the accomplishment of agency goals in the 
 16.34  agency's biennial budget according to section 16A.10, 
 16.35  subdivision 1; and 
 16.36     (7) recommend to the legislature~~, in the performance report~~ 
 17.1   ~~of the department required under section 15.91,~~ appropriate 
 17.2   changes in law necessary to carry out the mission and improve 
 17.3   the performance of the department. 
 17.4      Sec. 27.  [16B.104] [PROCUREMENT REQUIREMENTS.] 
 17.5      (a) The commissioner, in consultation with the office of 
 17.6   technology, shall develop nonvisual technology access 
 17.7   standards.  The standards must be included in all contracts for 
 17.8   the procurement of information technology by, or for the use of, 
 17.9   agencies, political subdivisions, and the Minnesota state 
 17.10  colleges and universities.  The University of Minnesota is 
 17.11  encouraged to consider similar standards.  
 17.12     (b) The nonvisual access standards must include the 
 17.13  following minimum specifications: 
 17.14     (1) that effective, interactive control and use of the 
 17.15  technology including the operating system, applications 
 17.16  programs, prompts, and format of the data presented, are readily 
 17.17  achievable by nonvisual means; 
 17.18     (2) that the nonvisual access technology must be compatible 
 17.19  with information technology used by other individuals with whom 
 17.20  the blind or visually impaired individual must interact; 
 17.21     (3) that nonvisual access technology must be integrated 
 17.22  into networks used to share communications among employees, 
 17.23  program participants, and the public; and 
 17.24     (4) that the nonvisual access technology must have the 
 17.25  capability of providing equivalent access by nonvisual means to 
 17.26  telecommunications or other interconnected network services used 
 17.27  by persons who are not blind or visually impaired. 
 17.28     (c) Nothing in this section requires the installation of 
 17.29  software or peripheral devices used for nonvisual access when 
 17.30  the information technology is being used by individuals who are 
 17.31  not blind or visually impaired. 
 17.32     Sec. 28.  [16B.76] [CONSTRUCTION CODES ADVISORY COUNCIL.] 
 17.33     Subdivision 1.  [MEMBERSHIP.] (a) The construction codes 
 17.34  advisory council consists of the following members: 
 17.35     (1) the commissioner of administration or the 
 17.36  commissioner's designee representing the department's building 
 18.1   codes and standards division; 
 18.2      (2) the commissioner of health or the commissioner's 
 18.3   designee representing an environmental health section of the 
 18.4   department; 
 18.5      (3) the commissioner of public safety or the commissioner's 
 18.6   designee representing the department's state fire marshal 
 18.7   division; 
 18.8      (4) the commissioner of public service or the 
 18.9   commissioner's designee representing the department's energy 
 18.10  regulation and resource management division; and 
 18.11     (5) one member representing each of the following 
 18.12  occupations or entities, appointed by the commissioner of 
 18.13  administration: 
 18.14     (i) a certified building official; 
 18.15     (ii) a fire service representative; 
 18.16     (iii) a licensed architect; 
 18.17     (iv) a licensed engineer; 
 18.18     (v) a building owners and managers representative; 
 18.19     (vi) a licensed residential building contractor; 
 18.20     (vii) a commercial building contractor; 
 18.21     (viii) a heating and ventilation contractor; 
 18.22     (ix) a plumbing contractor; 
 18.23     (x) a representative of a construction and building trades 
 18.24  union; and 
 18.25     (xi) a local unit of government representative. 
 18.26     (b) For members who are not state officials or employees, 
 18.27  terms, compensation, removal, and the filling of vacancies are 
 18.28  governed by section 15.059.  The council shall select one of its 
 18.29  members to serve as chair. 
 18.30     (c) The council expires June 30, 2001. 
 18.31     Subd. 2.  [DUTIES OF THE COUNCIL.] The council shall review 
 18.32  laws, codes, rules, standards, and licensing requirements 
 18.33  relating to building construction and may: 
 18.34     (1) recommend ways to eliminate inconsistencies, to 
 18.35  streamline construction regulation and construction processes, 
 18.36  and to improve procedures within and among jurisdictions; 
 19.1      (2) review and comment on current and proposed laws and 
 19.2   rules to promote coordination and consistency; 
 19.3      (3) advise agencies on possible changes in rules to make 
 19.4   them easier to understand and apply; and 
 19.5      (4) promote the coordination, within each jurisdiction, of 
 19.6   the administration and enforcement of construction codes. 
 19.7      The council shall report its findings and recommendations 
 19.8   to the commissioner of administration and the head of any other 
 19.9   affected agency by the end of each calendar year.  The council 
 19.10  may recommend changes in laws or rules governing building 
 19.11  construction.  The council may establish subcommittees to 
 19.12  facilitate its work.  If the council establishes subcommittees, 
 19.13  it shall include in their memberships representation from 
 19.14  entities and organizations expressing an interest in 
 19.15  membership.  The commissioner of administration shall maintain a 
 19.16  list of interested entities and organizations.  
 19.17     Subd. 3.  [AGENCY COOPERATION.] State agencies and local 
 19.18  governmental units shall cooperate with the council and, so far 
 19.19  as possible, provide information or assistance to it upon its 
 19.20  request.  The commissioner of administration shall provide 
 19.21  necessary staff and administrative support to the council. 
 19.22     Sec. 29.  Minnesota Statutes 1996, section 16D.02, 
 19.23  subdivision 3, is amended to read: 
 19.24     Subd. 3.  [DEBT.] "Debt" means an amount owed to the state 
 19.25  directly, or through a state agency, on account of a fee, duty, 
 19.26  lease, direct loan, loan insured or guaranteed by the state, 
 19.27  rent, service, sale of real or personal property, overpayment, 
 19.28  fine, assessment, penalty, restitution, damages, interest, tax, 
 19.29  bail bond, forfeiture, reimbursement, liability owed, an 
 19.30  assignment to the state including assignments under sections 
 19.31  256.72 to 256.87, the Social Security Act, or other state or 
 19.32  federal law, recovery of costs incurred by the state, or any 
 19.33  other source of indebtedness to the state.  Debt also includes 
 19.34  amounts owed to individuals as a result of civil, criminal, or 
 19.35  administrative action brought by the state or a state agency 
 19.36  pursuant to its statutory authority or for which the state or 
 20.1   state agency acts in a fiduciary capacity in providing 
 20.2   collection services in accordance with the regulations adopted 
 20.3   under the Social Security Act at Code of Federal Regulations, 
 20.4   title 45, section 302.33.  Debt also includes an amount owed to 
 20.5   the courts or University of Minnesota for which the commissioner 
 20.6   provides collection services pursuant to contract. 
 20.7      Sec. 30.  Minnesota Statutes 1996, section 16D.04, 
 20.8   subdivision 1, is amended to read: 
 20.9      Subdivision 1.  [DUTIES.] The commissioner shall provide 
 20.10  services to the state and its agencies to collect debts owed the 
 20.11  state.  The commissioner is not a collection agency as defined 
 20.12  by section 332.31, subdivision 3, and is not licensed, bonded, 
 20.13  or regulated by the commissioner of commerce under sections 
 20.14  332.31 to 332.35 or 332.38 to 332.45.  The commissioner is 
 20.15  subject to section 332.37, except clause (9) ~~or~~, (10), (12), or 
 20.16  (19).  Debts referred to the commissioner for collection under 
 20.17  section 256.9792 may in turn be referred by the commissioner to 
 20.18  the enterprise.  An audited financial statement may not be 
 20.19  required as a condition of debt placement with a private agency 
 20.20  if the private agency:  (1) has errors and omissions coverage 
 20.21  under a professional liability policy in an amount of at least 
 20.22  $1,000,000; or (2) has a fidelity bond to cover actions of its 
 20.23  employees, in an amount of at least $100,000.  In cases of debts 
 20.24  referred under section 256.9792, the provisions of this chapter 
 20.25  and section 256.9792 apply to the extent they are not in 
 20.26  conflict.  If they are in conflict, the provisions of section 
 20.27  256.9792 control.  For purposes of this chapter, the referring 
 20.28  agency for such debts remains the department of human services. 
 20.29     Sec. 31.  Minnesota Statutes 1996, section 16D.04, 
 20.30  subdivision 4, is amended to read: 
 20.31     Subd. 4.  [AUTHORITY TO CONTRACT.] The 
 20.32  ~~commissioner~~ commissioners of revenue and finance may contract 
 20.33  with credit bureaus, private collection agencies, and other 
 20.34  entities as necessary for the collection of debts.  A private 
 20.35  collection agency acting under a contract with the 
 20.36  commissioner of revenue or finance is subject to sections 332.31 
 21.1   to 332.45, except that the private collection agency may 
 21.2   indicate that it is acting under a contract with 
 21.3   the ~~commissioner~~ state.  The commissioner may not delegate the 
 21.4   powers provided under section 16D.08 to any nongovernmental 
 21.5   entity. 
 21.6      Sec. 32.  [16D.045] [STAFF.] 
 21.7      Any collectors hired by the commissioner of revenue after 
 21.8   June 30, 1998, to work for the Minnesota collection enterprise 
 21.9   must be located in the Ely office. 
 21.10     Sec. 33.  Minnesota Statutes 1996, section 16D.06, 
 21.11  subdivision 2, is amended to read: 
 21.12     Subd. 2.  [DISCLOSURE OF DATA.] Data received, collected, 
 21.13  created, or maintained by the commissioner or the attorney 
 21.14  general to collect debts are classified as private data on 
 21.15  individuals under section 13.02, subdivision 12, or nonpublic 
 21.16  data under section 13.02, subdivision 9.  The commissioner or 
 21.17  the attorney general may disclose not public data: 
 21.18     (1) under section 13.05; 
 21.19     (2) under court order; 
 21.20     (3) under a statute specifically authorizing access to the 
 21.21  not public data; 
 21.22     (4) to provide notices required or permitted by statute; 
 21.23     (5) to an agent of the commissioner or the attorney 
 21.24  general, including a law enforcement person, attorney, or 
 21.25  investigator acting for the commissioner or the attorney general 
 21.26  in the investigation or prosecution of a criminal or civil 
 21.27  proceeding relating to collection of a debt; 
 21.28     (6) to report names of debtors, amount of debt, date of 
 21.29  debt, and the agency to whom debt is owed to credit bureaus ~~and~~ 
 21.30  ~~private collection agencies under contract with the~~ 
 21.31  ~~commissioner~~; 
 21.32     (7) ~~when necessary~~ to locate the debtor, locate the assets 
 21.33  of the debtor, or to enforce or implement the collection of a 
 21.34  debt, provided that the commissioner or the attorney general may 
 21.35  disclose only the data that are necessary to enforce or 
 21.36  implement collection of the debt; and 
 22.1      (8) to the commissioner of revenue for tax administration 
 22.2   purposes. 
 22.3      The commissioner and the attorney general may not disclose 
 22.4   data that is not public to a private collection agency or other 
 22.5   entity with whom the commissioner has contracted under section 
 22.6   16D.04, subdivision 4, unless disclosure is otherwise authorized 
 22.7   by law. 
 22.8      Sec. 34.  Minnesota Statutes 1996, section 16D.08, 
 22.9   subdivision 2, is amended to read: 
 22.10     Subd. 2.  [POWERS.] In addition to the collection remedies 
 22.11  available to private collection agencies in this state, the 
 22.12  commissioner, with legal assistance from the attorney general, 
 22.13  may utilize any statutory authority granted to a referring 
 22.14  agency for purposes of collecting debt owed to that referring 
 22.15  agency.  The commissioner may also delegate to the enterprise 
 22.16  the tax collection remedies in sections 270.06, clauses (7) and 
 22.17  (17), excluding the power to subpoena witnesses; 270.66; 270.69, 
 22.18  excluding subdivisions 7 and 13; 270.70, excluding subdivision 
 22.19  14; 270.7001 to 270.72; and 290.92, subdivision 23, except that 
 22.20  a continuous wage levy under section 290.92, subdivision 23, is 
 22.21  only effective for 70 days, unless no competing wage 
 22.22  garnishments, executions, or levies are served within the 70-day 
 22.23  period, in which case a wage levy is continuous until a 
 22.24  competing garnishment, execution, or levy is served in the 
 22.25  second or a succeeding 70-day period, in which case a continuous 
 22.26  wage levy is effective for the remainder of that period.  A 
 22.27  debtor who qualifies for cancellation of ~~the~~ collection ~~penalty~~ 
 22.28  costs under section 16D.11, subdivision 3, clause (1), can apply 
 22.29  to the commissioner for reduction or release of a continuous 
 22.30  wage levy, if the debtor establishes that the debtor needs all 
 22.31  or a portion of the wages being levied upon to pay for essential 
 22.32  living expenses, such as food, clothing, shelter, medical care, 
 22.33  or expenses necessary for maintaining employment.  The 
 22.34  commissioner's determination not to reduce or release a 
 22.35  continuous wage levy is appealable to district court.  The word 
 22.36  "tax" or "taxes" when used in the tax collection statutes listed 
 23.1   in this subdivision also means debts referred under this 
 23.2   chapter.  For debts other than state taxes or child support, 
 23.3   before any of the tax collection remedies listed in this 
 23.4   subdivision can be used, except for the remedies in section 
 23.5   270.06, clauses (7) and (17), if the referring agency has not 
 23.6   already obtained a judgment or filed a lien, the commissioner 
 23.7   must first obtain a judgment against the debtor.  
 23.8      Sec. 35.  Minnesota Statutes 1996, section 16D.11, as 
 23.9   amended by Laws 1997, chapter 187, article 3, section 3, is 
 23.10  amended to read: 
 23.11     16D.11 [COLLECTION ~~PENALTY~~ COSTS.] 
 23.12     Subdivision 1.  [IMPOSITION.] As determined by the 
 23.13  commissioner of finance, ~~a penalty~~ collection costs shall be 
 23.14  added to the debts referred to the commissioner or private 
 23.15  collection agency for collection.  ~~The penalty is~~ Collection 
 23.16  costs are collectible by the commissioner or private agency from 
 23.17  the debtor at the same time and in the same manner as the 
 23.18  referred debt.  The referring agency shall advise the debtor of 
 23.19  ~~the penalty~~ collection costs under this section and the debtor's 
 23.20  right to cancellation of ~~the penalty~~ collection costs under 
 23.21  subdivision 3 at the time the agency sends notice to the debtor 
 23.22  under section 16D.07.  If the commissioner or private agency 
 23.23  collects an amount less than the total due, the payment is 
 23.24  applied proportionally to ~~the penalty~~ collection costs and the 
 23.25  underlying debt unless the commissioner of finance has waived 
 23.26  this requirement for certain categories of debt pursuant to the 
 23.27  department's internal guidelines.  ~~Penalties~~ Collection costs 
 23.28  collected by the commissioner under this subdivision or retained 
 23.29  under subdivision 6 shall be deposited in the general fund as 
 23.30  nondedicated receipts.  ~~Penalties~~ Collection costs collected by 
 23.31  private agencies are appropriated to the referring agency to pay 
 23.32  the collection fees charged by the private agency.  ~~Penalty~~ 
 23.33  Collections of collection costs in excess of collection agency 
 23.34  fees must be deposited in the general fund as nondedicated 
 23.35  receipts.  
 23.36     Subd. 2.  [COMPUTATION.] ~~Beginning July 1, 1995,~~ At the 
 24.1   time a debt is referred, the amount of ~~the penalty~~ collection 
 24.2   costs is equal to 15 percent of the debt, or 25 percent of the 
 24.3   debt remaining unpaid if the commissioner or private collection 
 24.4   agency has to take enforced collection action by serving a 
 24.5   summons and complaint on or entering judgment against the 
 24.6   debtor, or by utilizing any of the remedies authorized under 
 24.7   section 16D.08, subdivision 2, except for the remedies in 
 24.8   sections 270.06, clause (7), and 270.66 or when referred by the 
 24.9   commissioner for additional collection activity by a private 
 24.10  collection agency.  If, after referral of a debt to a private 
 24.11  collection agency, the debtor requests cancellation of ~~the~~ 
 24.12  ~~penalty~~ collection costs under subdivision 3, the debt must be 
 24.13  returned to the commissioner for resolution of the request. 
 24.14     Subd. 3.  [CANCELLATION.] ~~The penalty~~ Collection costs 
 24.15  imposed under subdivision 1 shall be canceled and subtracted 
 24.16  from the amount due if: 
 24.17     (1) the debtor's household income as defined in section 
 24.18  290A.03, subdivision 5, excluding the exemption subtractions in 
 24.19  subdivision 3, paragraph (3) of that section, for the 12 months 
 24.20  preceding the date of referral is less than twice the annual 
 24.21  federal poverty guideline under United States Code, title 42, 
 24.22  section 9902, subsection (2); 
 24.23     (2) within 60 days after the first contact with the debtor 
 24.24  by the enterprise or collection agency, the debtor establishes 
 24.25  reasonable cause for the failure to pay the debt prior to 
 24.26  referral of the debt to the enterprise; 
 24.27     (3) a good faith dispute as to the legitimacy or the amount 
 24.28  of the debt is made, and payment is remitted or a payment 
 24.29  agreement is entered into within 30 days after resolution of the 
 24.30  dispute; 
 24.31     (4) good faith litigation occurs and the debtor's position 
 24.32  is substantially justified, and if the debtor does not totally 
 24.33  prevail, the debt is paid or a payment agreement is entered into 
 24.34  within 30 days after the judgment becomes final and 
 24.35  nonappealable; or 
 24.36     (5) ~~penalties~~ collection costs have been added by the 
 25.1   referring agency and are included in the amount of the referred 
 25.2   debt. 
 25.3      Subd. 4.  [APPEAL.] Decisions of the commissioner denying 
 25.4   an application to cancel ~~the penalty~~ collection costs under 
 25.5   subdivision 3 are subject to the contested case procedure under 
 25.6   chapter 14. 
 25.7      Subd. 5.  [REFUND.] If ~~a penalty is~~ collection costs are 
 25.8   collected and then canceled, the amount of the ~~penalty~~ 
 25.9   collection costs shall be refunded to the debtor within 30 
 25.10  days.  The amount necessary to pay the refunds is annually 
 25.11  appropriated to the commissioner. 
 25.12     Subd. 6.  [CHARGE TO REFERRING AGENCY.] If ~~the penalty~~ 
 25.13  ~~is~~ collection costs are canceled under subdivision 3, an amount 
 25.14  equal to the penalty is retained by the commissioner from the 
 25.15  debt collected, and is accounted for and subject to the same 
 25.16  provisions of this chapter as if the penalty had been collected 
 25.17  from the debtor. 
 25.18     Subd. 7.  [ADJUSTMENT OF RATE.] By June 1 of each year, the 
 25.19  commissioner of finance shall determine the rate of ~~the~~ 
 25.20  ~~penalty~~ collection costs for debts referred to the enterprise 
 25.21  during the next fiscal year.  The rate is a percentage of the 
 25.22  debts in an amount that most nearly equals the costs of the 
 25.23  enterprise necessary to process and collect referred debts under 
 25.24  this chapter.  In no event shall the rate of ~~the penalty~~ 
 25.25  collection costs when a debt is first referred exceed 
 25.26  three-fifths of the maximum ~~penalty~~ collection costs, and in no 
 25.27  event shall the rate of the maximum ~~penalty~~ collection costs 
 25.28  exceed 25 percent of the debt.  Determination of the rate of ~~the~~ 
 25.29  ~~penalty~~ collection costs under this section is not subject to 
 25.30  the fee setting requirements of section 16A.1285. 
 25.31     Sec. 36.  Minnesota Statutes 1996, section 16D.14, 
 25.32  subdivision 2, is amended to read: 
 25.33     Subd. 2.  [CONCILIATION COURT; CLAIMS FOR $2,500 OR LESS.] 
 25.34  (a) The commissioner or the attorney general may bring a 
 25.35  conciliation court action where the cause of action arose or 
 25.36  where the debtor resides.  Before bringing a conciliation court 
 26.1   action for a claim for $2,500 or less under this section in any 
 26.2   county other than where the debtor resides or where the cause of 
 26.3   action arose, the commissioner or the attorney general shall 
 26.4   send a form by first class mail to the debtor's last known 
 26.5   address notifying the debtor of the intent to bring an action in 
 26.6   Ramsey county.  The commissioner or attorney general must 
 26.7   enclose a form for the debtor to use to request that the action 
 26.8   not be brought in Ramsey county and a self-addressed, postage 
 26.9   paid envelope.  The form must advise the debtor of the right to 
 26.10  request that the action not be brought in Ramsey county and that 
 26.11  the debtor has 30 days from the date of the form to make this 
 26.12  request. 
 26.13     (b) If the debtor timely returns the form requesting the 
 26.14  action not be brought in Ramsey county, the commissioner or 
 26.15  attorney general may only file the action in the county of the 
 26.16  debtor's residence, the county where the cause of action arose, 
 26.17  or as provided by other law.  The commissioner or attorney 
 26.18  general shall notify the debtor of the action taken.  If the 
 26.19  debtor does not timely return the form, venue is as chosen by 
 26.20  the commissioner or attorney general as authorized under this 
 26.21  section. 
 26.22     (c) If a judgment is obtained in Ramsey county conciliation 
 26.23  court when the form was sent by first class mail under this 
 26.24  subdivision and the debtor reasonably demonstrates that the 
 26.25  debtor did not reside at the address where the form was sent or 
 26.26  that the debtor did not receive the form, the commissioner or 
 26.27  the attorney general shall vacate the judgment without prejudice 
 26.28  and return any funds collected as a result of enforcement of the 
 26.29  judgment.  Evidence of the debtor's correct address include, but 
 26.30  are not limited to, a driver's license, homestead declaration, 
 26.31  school registration, utility bills, or a lease or rental 
 26.32  agreement. 
 26.33     Sec. 37.  Minnesota Statutes 1996, section 16D.14, 
 26.34  subdivision 3, is amended to read: 
 26.35     Subd. 3.  [CONCILIATION COURT CLAIMS EXCEEDING $2,500.] (a) 
 26.36  The commissioner or the attorney general may bring a 
 27.1   conciliation court action where the cause of action arose or 
 27.2   where the debtor resides.  In order to bring a conciliation 
 27.3   court claim that exceeds $2,500 under this section in a county 
 27.4   other than where the debtor resides or where the cause of action 
 27.5   arose, the commissioner or the attorney general shall serve with 
 27.6   the conciliation court claim a change of venue form for the 
 27.7   debtor to use to request that venue be changed and a 
 27.8   self-addressed, postage paid return envelope.  This form must 
 27.9   advise the debtor that the form must be returned within 30 days 
 27.10  of the date of service or venue will remain in Ramsey county. 
 27.11     (b) If the debtor timely returns the change of venue form 
 27.12  requesting a change of venue, the commissioner or attorney 
 27.13  general shall change the venue of the action to the county of 
 27.14  the debtor's residence, the county where the cause of action 
 27.15  arose, as provided by other law, or dismiss the action.  The 
 27.16  commissioner or attorney general must notify the debtor of the 
 27.17  action taken.  If the debtor does not timely return the form, 
 27.18  venue is as chosen by the commissioner or attorney general as 
 27.19  authorized under this section.  The commissioner or the attorney 
 27.20  general shall file the signed return receipt card or the proof 
 27.21  of service with the court. 
 27.22     Sec. 38.  Minnesota Statutes 1996, section 16D.14, 
 27.23  subdivision 5, is amended to read: 
 27.24     Subd. 5.  [FEES.] No court filing fees, docketing fees, ~~or~~ 
 27.25  release of judgment fees, or any other fees or costs for court 
 27.26  services may be assessed against the state for ~~collection~~ 
 27.27  actions filed ~~under this chapter~~ by the state or a state agency 
 27.28  seeking monetary relief in favor of the state. 
 27.29     Sec. 39.  Minnesota Statutes 1996, section 16D.16, is 
 27.30  amended to read: 
 27.31     16D.16 [SETOFFS.] 
 27.32     Subdivision 1.  [AUTHORIZATION.] Unless prohibited by other 
 27.33  law, the state agency utilizes a more specific setoff statute, 
 27.34  or the state payments are subject to a more specific setoff 
 27.35  statute, the commissioner or a state agency may automatically 
 27.36  deduct the amount of a debt owed to the state from any state 
 28.1   payment due to the debtor~~, except tax refunds, earned income tax~~ 
 28.2   ~~credit, child care tax credit, prejudgment debts of $5,000 or~~ 
 28.3   ~~less, funds exempt under section 550.37, or funds owed an~~ 
 28.4   ~~individual who receives~~.  Tax refunds, earned income tax credit, 
 28.5   child care credit, funds exempt under section 550.37, or funds 
 28.6   owed to an individual who is receiving assistance under the 
 28.7   provisions of chapter 256 are not subject to setoff under 
 28.8   this ~~chapter~~ section.  If a debtor has entered into a written 
 28.9   payment plan with respect to payment of a specified debt, the 
 28.10  right of setoff may not be used to satisfy that debt.  
 28.11  Notwithstanding section 181.79, the state may deduct from the 
 28.12  wages due or earned by a state employee to collect a debt, 
 28.13  subject to the limitations in section 571.922. 
 28.14     Subd. 2.  [NOTICE AND HEARING.] Before setoff, the 
 28.15  commissioner or state agency shall mail written notice by 
 28.16  certified mail to the debtor, addressed to the debtor's last 
 28.17  known address, that the commissioner or state agency intends to 
 28.18  set off a debt owed to the state by the debtor against future 
 28.19  payments due the debtor from the state.  For debts owed to the 
 28.20  state that have not been reduced to judgment, if no ~~opportunity~~ 
 28.21  ~~to be heard or~~ administrative appeal process or a hearing by an 
 28.22  impartial decision maker on the validity or accuracy of the debt 
 28.23  has yet been made available to the debtor ~~to contest the~~ 
 28.24  ~~validity or accuracy of the debt~~, before setoff for a 
 28.25  prejudgment debt, the notice to the debtor must advise that the 
 28.26  debtor has a right to make a written request for a contested 
 28.27  case hearing on the validity of the debt or the right to 
 28.28  setoff.  The debtor has 30 days from the date of that notice to 
 28.29  make a written request for a contested case hearing to contest 
 28.30  the validity of the debt or the right to setoff.  The debtor's 
 28.31  request must state the debtor's reasons for contesting the debt 
 28.32  or the right to setoff.  If the commissioner or state agency 
 28.33  desires to pursue the right to setoff following receipt of the 
 28.34  debtor's request for a hearing, the commissioner or state agency 
 28.35  shall schedule a contested case hearing within 30 days of the 
 28.36  receipt of the request for the hearing.  If the commissioner or 
 29.1   state agency decides not to pursue the right to setoff, the 
 29.2   debtor must be notified of that decision. 
 29.3      Sec. 40.  [16D.17] [ENFORCEMENT OF STATUTORY PENALTIES.] 
 29.4      A state agency may enforce a final penalty order imposed 
 29.5   for violations of state law in the same manner as a district 
 29.6   court judgment if: 
 29.7      (1) notice and opportunity for a hearing on the penalty has 
 29.8   been provided and the notice gives at least 30 days to request a 
 29.9   hearing, unless the agency statute provides for a different 
 29.10  timeline; and 
 29.11     (2) the notice or order of the penalty states that when the 
 29.12  order becomes final, the agency may file and enforce the penalty 
 29.13  as a judgment without further notice or additional proceedings. 
 29.14     The administrative order may be filed with a district court 
 29.15  administrator along with an affidavit of identification and 
 29.16  amount owed, and the court administrator shall enter and docket 
 29.17  the administrative order as a civil judgment. 
 29.18     Sec. 41.  Minnesota Statutes 1997 Supplement, section 
 29.19  16E.01, subdivision 3, is amended to read: 
 29.20     Subd. 3.  [DUTIES.] The office shall: 
 29.21     (1) coordinate the efficient and effective use of available 
 29.22  federal, state, local, and private resources to develop 
 29.23  statewide information and communications technology and its 
 29.24  infrastructure; 
 29.25     (2) review state agency and intergovernmental information 
 29.26  and communications systems development efforts involving state 
 29.27  or intergovernmental funding, provide information to the 
 29.28  legislature ~~in accordance with section 16A.11~~ regarding projects 
 29.29  reviewed, and recommend projects for inclusion in the 
 29.30  ~~information technology~~ governor's budget under section 16A.11; 
 29.31     (3) encourage cooperation and collaboration among state and 
 29.32  local governments in developing intergovernmental communication 
 29.33  and information systems, and define the structure and 
 29.34  responsibilities of the information policy council; 
 29.35     (4) cooperate and collaborate with the legislative and 
 29.36  judicial branches in the development of information and 
 30.1   communications systems in those branches; 
 30.2      (5) continue the development of North Star, the state's 
 30.3   official comprehensive online service and information 
 30.4   initiative; 
 30.5      (6) promote and collaborate with the state's agencies in 
 30.6   the state's transition to an effectively competitive 
 30.7   telecommunications market; 
 30.8      (7) collaborate with entities carrying out education and 
 30.9   lifelong learning initiatives to assist Minnesotans in 
 30.10  developing technical literacy and obtaining access to ongoing 
 30.11  learning resources; 
 30.12     (8) promote and coordinate public information access and 
 30.13  network initiatives, consistent with chapter 13, to connect 
 30.14  Minnesota's citizens and communities to each other, to their 
 30.15  governments, and to the world; 
 30.16     (9) promote and coordinate electronic commerce initiatives 
 30.17  to ensure that Minnesota businesses and citizens can 
 30.18  successfully compete in the global economy; 
 30.19     (10) promote and coordinate the regular and periodic 
 30.20  reinvestment in the core information and communications 
 30.21  technology infrastructure so that state and local government 
 30.22  agencies can effectively and efficiently serve their customers; 
 30.23     (11) facilitate the cooperative development of standards 
 30.24  for information systems, electronic data practices and privacy, 
 30.25  and electronic commerce among international, national, state, 
 30.26  and local public and private organizations; and 
 30.27     (12) work with others to avoid unnecessary duplication of 
 30.28  existing services ~~or activities~~ provided by other public and 
 30.29  private organizations while building on the existing 
 30.30  governmental, educational, business, health care, and economic 
 30.31  development infrastructures. 
 30.32     Sec. 42.  Minnesota Statutes 1997 Supplement, section 
 30.33  16E.03, subdivision 1, is amended to read: 
 30.34     Subdivision 1.  [DEFINITIONS.] For the purposes of sections 
 30.35  16E.03 to 16E.05, the following terms have the meanings given 
 30.36  them. 
 31.1      (a) "Information and communications technology ~~activity~~ 
 31.2   project" means the development or acquisition of information and 
 31.3   communications technology devices and systems, but does not 
 31.4   include MNet or its contractors. 
 31.5      (b) "Data processing device or system" means equipment or 
 31.6   computer programs, including computer hardware, firmware, 
 31.7   software, and communication protocols, used in connection with 
 31.8   the processing of information through electronic data processing 
 31.9   means, and includes data communication devices used in 
 31.10  connection with computer facilities for the transmission of data.
 31.11     (c) "State agency" means an agency in the executive branch 
 31.12  of state government and includes the Minnesota higher education 
 31.13  services office. 
 31.14     Sec. 43.  Minnesota Statutes 1997 Supplement, section 
 31.15  16E.03, subdivision 3, is amended to read: 
 31.16     Subd. 3.  [EVALUATION AND APPROVAL.] A state agency may not 
 31.17  undertake an information and communications technology 
 31.18  ~~activity~~ project until it has been evaluated according to the 
 31.19  procedures developed under subdivision 4.  The governor or 
 31.20  governor's designee shall give written approval of the proposed 
 31.21  ~~activity~~ project.  If the proposed ~~activity~~ project is not 
 31.22  approved, the commissioner of finance shall cancel the 
 31.23  unencumbered balance of any appropriation allotted for 
 31.24  the ~~activity~~ project.  This subdivision does not apply to 
 31.25  acquisitions or development of information and communications 
 31.26  systems that have anticipated total cost of less than $100,000.  
 31.27  The Minnesota state colleges and universities shall submit for 
 31.28  approval any ~~activity~~ project related to acquisitions or 
 31.29  development of information and communications systems that has a 
 31.30  total anticipated cost of more than $250,000. 
 31.31     Sec. 44.  Minnesota Statutes 1997 Supplement, section 
 31.32  16E.03, subdivision 4, is amended to read: 
 31.33     Subd. 4.  [EVALUATION PROCEDURE.] The executive director 
 31.34  shall establish and, as necessary, update and modify procedures 
 31.35  to evaluate information and communications ~~activities~~ projects 
 31.36  proposed by state agencies.  The evaluation procedure must 
 32.1   assess the necessity, design and plan for development, ability 
 32.2   to meet user requirements, feasibility, and flexibility of the 
 32.3   proposed data processing device or system, its relationship to 
 32.4   other state data processing devices or systems, and its costs 
 32.5   and benefits when considered by itself and when compared with 
 32.6   other options. 
 32.7      Sec. 45.  Minnesota Statutes 1997 Supplement, section 
 32.8   16E.03, subdivision 5, is amended to read: 
 32.9      Subd. 5.  [REPORT TO LEGISLATURE.] The executive director 
 32.10  shall submit to the legislature, ~~in the information technology~~ 
 32.11  at the same time as the governor's budget required by section 
 32.12  16A.11, a concise narrative explanation of ~~the activity~~ any 
 32.13  information and communication technology project that involves 
 32.14  collaboration between state agencies and ~~a request for any~~ 
 32.15  ~~additional appropriation necessary to complete the activity~~ an 
 32.16  explanation of how the budget requests of the several agencies 
 32.17  collaborating on the project relate to each other. 
 32.18     Sec. 46.  Minnesota Statutes 1997 Supplement, section 
 32.19  16E.07, subdivision 3, is amended to read: 
 32.20     Subd. 3.  [ACCESS TO DATA.] The legislature determines that 
 32.21  the greatest possible access to certain government information 
 32.22  and data is essential to allow citizens to participate fully in 
 32.23  a democratic system of government.  Certain information and 
 32.24  data, including, but not limited to the following, must be 
 32.25  provided free of charge or for a nominal cost associated with 
 32.26  reproducing the information or data: 
 32.27     (1) directories of government services and institutions, 
 32.28  including an electronic version of the guidebook to state agency 
 32.29  services published by the commissioner of administration; 
 32.30     (2) legislative and rulemaking information, including an 
 32.31  electronic version of the State Register, public information 
 32.32  newsletters, bill text and summaries, bill status information, 
 32.33  rule status information, meeting schedules, and the text of 
 32.34  statutes and rules; 
 32.35     (3) supreme court and court of appeals opinions and general 
 32.36  judicial information; 
 33.1      (4) opinions of the attorney general; 
 33.2      (5) campaign finance and public disclosure board and 
 33.3   election information; 
 33.4      (6) public budget information; 
 33.5      (7) local government documents, such as codes, ordinances, 
 33.6   minutes, meeting schedules, and other notices in the public 
 33.7   interest; 
 33.8      (8) official documents, releases, speeches, and other 
 33.9   public information issued by government agencies; and 
 33.10     (9) the text of other government documents and publications 
 33.11  that government agencies determine are important to public 
 33.12  understanding of government activities. 
 33.13     Sec. 47.  Minnesota Statutes 1996, section 17.03, 
 33.14  subdivision 11, is amended to read: 
 33.15     Subd. 11.  [MISSION; EFFICIENCY.] It is part of the 
 33.16  department's mission that within the department's resources the 
 33.17  commissioner shall endeavor to: 
 33.18     (1) prevent the waste or unnecessary spending of public 
 33.19  money; 
 33.20     (2) use innovative fiscal and human resource practices to 
 33.21  manage the state's resources and operate the department as 
 33.22  efficiently as possible; 
 33.23     (3) coordinate the department's activities wherever 
 33.24  appropriate with the activities of other governmental agencies; 
 33.25     (4) use technology where appropriate to increase agency 
 33.26  productivity, improve customer service, increase public access 
 33.27  to information about government, and increase public 
 33.28  participation in the business of government; 
 33.29     (5) utilize constructive and cooperative labor-management 
 33.30  practices to the extent otherwise required by chapters 43A and 
 33.31  179A; 
 33.32     (6) ~~include specific objectives in~~ report to the 
 33.33  legislature on the performance ~~report required under section~~ 
 33.34  ~~15.91 to increase the efficiency~~ of agency operations~~, when~~ 
 33.35  ~~appropriate~~ and the accomplishment of agency goals in the 
 33.36  agency's biennial budget according to section 16A.10, 
 34.1   subdivision 1; and 
 34.2      (7) recommend to the legislature~~, in the performance report~~ 
 34.3   ~~of the department required under section 15.91,~~ appropriate 
 34.4   changes in law necessary to carry out the mission and improve 
 34.5   the performance of the department. 
 34.6      Sec. 48.  Minnesota Statutes 1996, section 43A.04, 
 34.7   subdivision 1a, is amended to read: 
 34.8      Subd. 1a.  [MISSION; EFFICIENCY.] It is part of the 
 34.9   department's mission that within the department's resources the 
 34.10  commissioner shall endeavor to: 
 34.11     (1) prevent the waste or unnecessary spending of public 
 34.12  money; 
 34.13     (2) use innovative fiscal and human resource practices to 
 34.14  manage the state's resources and operate the department as 
 34.15  efficiently as possible; 
 34.16     (3) coordinate the department's activities wherever 
 34.17  appropriate with the activities of other governmental agencies; 
 34.18     (4) use technology where appropriate to increase agency 
 34.19  productivity, improve customer service, increase public access 
 34.20  to information about government, and increase public 
 34.21  participation in the business of government; 
 34.22     (5) utilize constructive and cooperative labor-management 
 34.23  practices to the extent otherwise required by chapters 43A and 
 34.24  179A; 
 34.25     (6) ~~include specific objectives in~~ report to the 
 34.26  legislature on the performance ~~report required under section~~ 
 34.27  ~~15.91 to increase the efficiency~~ of agency operations~~, when~~ 
 34.28  ~~appropriate~~ and the accomplishment of agency goals in the 
 34.29  agency's biennial budget according to section 16A.10, 
 34.30  subdivision 1; and 
 34.31     (7) recommend to the legislature~~, in the performance report~~ 
 34.32  ~~of the department required under section 15.91,~~ appropriate 
 34.33  changes in law necessary to carry out the mission and improve 
 34.34  the performance of the department. 
 34.35     Sec. 49.  Minnesota Statutes 1996, section 43A.17, 
 34.36  subdivision 8, is amended to read: 
 35.1      Subd. 8.  [ACCUMULATED VACATION LEAVE.] The commissioner of 
 35.2   employee relations shall not agree to a collective bargaining 
 35.3   agreement or recommend a compensation plan pursuant to section 
 35.4   43A.18, subdivisions 1, 2, 3, and 4, nor shall an arbitrator 
 35.5   issue an award under sections 179A.01 to 179A.25, if the 
 35.6   compensation plan, agreement, or award permits an employee to 
 35.7   convert accumulated vacation leave into cash before separation 
 35.8   from state service.  
 35.9      This section does not prohibit the commissioner from 
 35.10  negotiating a collective bargaining agreement or recommending 
 35.11  approval of a compensation plan which:  (1) permits an employee 
 35.12  to receive payment for accumulated vacation leave upon beginning 
 35.13  an unpaid leave of absence approved for more than one year in 
 35.14  duration if the leave of absence is not for the purpose of 
 35.15  accepting an unclassified position in state civil service; or 
 35.16  (2) permits an employee to receive payment for accumulated 
 35.17  vacation leave upon layoff. 
 35.18     Sec. 50.  Minnesota Statutes 1997 Supplement, section 
 35.19  43A.30, subdivision 5, is amended to read: 
 35.20     Subd. 5.  [ADMINISTRATION.] The commissioner of employee 
 35.21  relations may administer the employee insurance program.  The 
 35.22  commissioner may assess agencies, and employers of persons 
 35.23  eligible for state-paid insurance and benefits under section 
 35.24  43A.24, the cost of these administrative services, including 
 35.25  diagnostic and referral services provided by the employee 
 35.26  assistance program under section 16B.39, and include it in the 
 35.27  amounts billed for life insurance, hospital, medical, and dental 
 35.28  benefits, and optional coverages authorized.  Receipts from the 
 35.29  assessments must be deposited in the state treasury and credited 
 35.30  to a special account in the employee insurance trust fund and 
 35.31  are appropriated to the commissioner to pay these administrative 
 35.32  costs. 
 35.33     Sec. 51.  Minnesota Statutes 1996, section 43A.317, 
 35.34  subdivision 8, is amended to read: 
 35.35     Subd. 8.  [PREMIUMS.] (a)  [PAYMENTS.] Employers enrolled 
 35.36  in the program shall pay premiums according to terms established 
 36.1   by the commissioner.  If an employer fails to make the required 
 36.2   payments, the commissioner may cancel coverage and pursue other 
 36.3   civil remedies. 
 36.4      (b)  [RATING METHOD.] The commissioner shall determine the 
 36.5   premium rates and rating method for the program.  The rating 
 36.6   method for eligible small employers must meet or exceed the 
 36.7   requirements of chapter 62L.  The rating methods must recover in 
 36.8   premiums all of the ongoing costs for state administration and 
 36.9   for maintenance of a premium stability and claim fluctuation 
 36.10  reserve.  ~~Premiums must be established so as to recover and~~ 
 36.11  ~~repay within five years after July 1, 1993, any direct~~ 
 36.12  ~~appropriations received to provide start-up administrative~~ 
 36.13  ~~costs.  Premiums must be established so as to recover and repay~~ 
 36.14  ~~within five years after July 1, 1993, any direct appropriations~~ 
 36.15  ~~received to establish initial reserves.~~  On June 30, 1999, after 
 36.16  paying all necessary and reasonable expenses, the commissioner 
 36.17  must apply up to $2,075,000 of any remaining balance in the 
 36.18  Minnesota employees' insurance trust fund to repayment of any 
 36.19  amounts drawn or expended for this program from the health care 
 36.20  access fund. 
 36.21     (c)  [TAXES AND ASSESSMENTS.] To the extent that the 
 36.22  program operates as a self-insured group, the premiums paid to 
 36.23  the program are not subject to the premium taxes imposed by 
 36.24  sections 60A.15 and 60A.198, but the program is subject to a 
 36.25  Minnesota comprehensive health association assessment under 
 36.26  section 62E.11. 
 36.27     Sec. 52.  Minnesota Statutes 1996, section 45.012, is 
 36.28  amended to read: 
 36.29     45.012 [COMMISSIONER.] 
 36.30     (a) The department of commerce is under the supervision and 
 36.31  control of the commissioner of commerce.  The commissioner is 
 36.32  appointed by the governor in the manner provided by section 
 36.33  15.06.  
 36.34     (b) Data that is received by the commissioner or the 
 36.35  commissioner's designee by virtue of membership or participation 
 36.36  in an association, group, or organization that is not otherwise 
 37.1   subject to chapter 13 is confidential or protected nonpublic 
 37.2   data but may be shared with the department employees as the 
 37.3   commissioner considers appropriate.  The commissioner may 
 37.4   release the data to any person, agency, or the public if the 
 37.5   commissioner determines that the access will aid the law 
 37.6   enforcement process, promote public health or safety, or dispel 
 37.7   widespread rumor or unrest.  
 37.8      (c) It is part of the department's mission that within the 
 37.9   department's resources the commissioner shall endeavor to: 
 37.10     (1) prevent the waste or unnecessary spending of public 
 37.11  money; 
 37.12     (2) use innovative fiscal and human resource practices to 
 37.13  manage the state's resources and operate the department as 
 37.14  efficiently as possible; 
 37.15     (3) coordinate the department's activities wherever 
 37.16  appropriate with the activities of other governmental agencies; 
 37.17     (4) use technology where appropriate to increase agency 
 37.18  productivity, improve customer service, increase public access 
 37.19  to information about government, and increase public 
 37.20  participation in the business of government; 
 37.21     (5) utilize constructive and cooperative labor-management 
 37.22  practices to the extent otherwise required by chapters 43A and 
 37.23  179A; 
 37.24     (6) ~~include specific objectives in~~ report to the 
 37.25  legislature on the performance ~~report required under section~~ 
 37.26  ~~15.91 to increase the efficiency~~ of agency operations~~, when~~ 
 37.27  ~~appropriate~~ and the accomplishment of agency goals in the 
 37.28  agency's biennial budget according to section 16A.10, 
 37.29  subdivision 1; and 
 37.30     (7) recommend to the legislature~~, in the performance report~~ 
 37.31  ~~of the department required under section 15.91,~~ appropriate 
 37.32  changes in law necessary to carry out the mission and improve 
 37.33  the performance of the department. 
 37.34     Sec. 53.  Minnesota Statutes 1996, section 84.027, 
 37.35  subdivision 14, is amended to read: 
 37.36     Subd. 14.  [MISSION; EFFICIENCY.] It is part of the 
 38.1   department's mission that within the department's resources the 
 38.2   commissioner shall endeavor to: 
 38.3      (1) prevent the waste or unnecessary spending of public 
 38.4   money; 
 38.5      (2) use innovative fiscal and human resource practices to 
 38.6   manage the state's resources and operate the department as 
 38.7   efficiently as possible; 
 38.8      (3) coordinate the department's activities wherever 
 38.9   appropriate with the activities of other governmental agencies; 
 38.10     (4) use technology where appropriate to increase agency 
 38.11  productivity, improve customer service, increase public access 
 38.12  to information about government, and increase public 
 38.13  participation in the business of government; 
 38.14     (5) utilize constructive and cooperative labor-management 
 38.15  practices to the extent otherwise required by chapters 43A and 
 38.16  179A; 
 38.17     (6) ~~include specific objectives in~~ report to the 
 38.18  legislature on the performance ~~report required under section~~ 
 38.19  ~~15.91 to increase the efficiency~~ of agency operations~~, when~~ 
 38.20  ~~appropriate~~ and the accomplishment of agency goals in the 
 38.21  agency's biennial budget according to section 16A.10, 
 38.22  subdivision 1; and 
 38.23     (7) recommend to the legislature~~, in the performance report~~ 
 38.24  ~~of the department required under section 15.91,~~ appropriate 
 38.25  changes in law necessary to carry out the mission and improve 
 38.26  the performance of the department. 
 38.27     Sec. 54.  Minnesota Statutes 1996, section 116.03, 
 38.28  subdivision 2a, is amended to read: 
 38.29     Subd. 2a.  [MISSION; EFFICIENCY.] It is part of the 
 38.30  agency's mission that within the agency's resources the 
 38.31  commissioner and the members of the agency shall endeavor to: 
 38.32     (1) prevent the waste or unnecessary spending of public 
 38.33  money; 
 38.34     (2) use innovative fiscal and human resource practices to 
 38.35  manage the state's resources and operate the agency as 
 38.36  efficiently as possible; 
 39.1      (3) coordinate the agency's activities wherever appropriate 
 39.2   with the activities of other governmental agencies; 
 39.3      (4) use technology where appropriate to increase agency 
 39.4   productivity, improve customer service, increase public access 
 39.5   to information about government, and increase public 
 39.6   participation in the business of government; 
 39.7      (5) utilize constructive and cooperative labor-management 
 39.8   practices to the extent otherwise required by chapters 43A and 
 39.9   179A; 
 39.10     (6) ~~include specific objectives in~~ report to the 
 39.11  legislature on the performance ~~report required under section~~ 
 39.12  ~~15.91 to increase the efficiency~~ of agency operations~~, when~~ 
 39.13  ~~appropriate~~ and the accomplishment of agency goals in the 
 39.14  agency's biennial budget according to section 16A.10, 
 39.15  subdivision 1; and 
 39.16     (7) recommend to the legislature~~, in the performance report~~ 
 39.17  ~~of the agency required under section 15.91,~~ appropriate changes 
 39.18  in law necessary to carry out the mission and improve the 
 39.19  performance of the agency. 
 39.20     Sec. 55.  Minnesota Statutes 1996, section 116J.011, is 
 39.21  amended to read: 
 39.22     116J.011 [MISSION.] 
 39.23     The mission of the department of trade and economic 
 39.24  development is to employ all of the available state government 
 39.25  resources to facilitate an economic environment that produces 
 39.26  net new job growth in excess of the national average and to 
 39.27  increase nonresident and resident tourism revenues.  It is part 
 39.28  of the department's mission that within the department's 
 39.29  resources the commissioner shall endeavor to: 
 39.30     (1) prevent the waste or unnecessary spending of public 
 39.31  money; 
 39.32     (2) use innovative fiscal and human resource practices to 
 39.33  manage the state's resources and operate the department as 
 39.34  efficiently as possible; 
 39.35     (3) coordinate the department's activities wherever 
 39.36  appropriate with the activities of other governmental agencies; 
 40.1      (4) use technology where appropriate to increase agency 
 40.2   productivity, improve customer service, increase public access 
 40.3   to information about government, and increase public 
 40.4   participation in the business of government; 
 40.5      (5) utilize constructive and cooperative labor-management 
 40.6   practices to the extent otherwise required by chapters 43A and 
 40.7   179A; 
 40.8      (6) ~~include specific objectives in~~ report to the 
 40.9   legislature on the performance ~~report required under section~~ 
 40.10  ~~15.91 to increase the efficiency~~ of agency operations~~, when~~ 
 40.11  ~~appropriate~~ and the accomplishment of agency goals in the 
 40.12  agency's biennial budget according to section 16A.10, 
 40.13  subdivision 1; and 
 40.14     (7) recommend to the legislature~~, in the performance report~~ 
 40.15  ~~of the department required under section 15.91,~~ appropriate 
 40.16  changes in law necessary to carry out the mission and improve 
 40.17  the performance of the department. 
 40.18     Sec. 56.  Minnesota Statutes 1997 Supplement, section 
 40.19  120.0111, is amended to read: 
 40.20     120.0111 [MISSION STATEMENT.] 
 40.21     The mission of public education in Minnesota, a system for 
 40.22  lifelong learning, is to ensure individual academic achievement, 
 40.23  an informed citizenry, and a highly productive work force.  This 
 40.24  system focuses on the learner, promotes and values diversity, 
 40.25  provides participatory decision making, ensures accountability, 
 40.26  models democratic principles, creates and sustains a climate for 
 40.27  change, provides personalized learning environments, encourages 
 40.28  learners to reach their maximum potential, and integrates and 
 40.29  coordinates human services for learners.  The public schools of 
 40.30  this state shall serve the needs of the students by cooperating 
 40.31  with the students' parents and legal guardians to develop the 
 40.32  students' intellectual capabilities and lifework skills in a 
 40.33  safe and positive environment.  It is part of the department's 
 40.34  mission that within the department's resources the commissioner 
 40.35  shall endeavor to: 
 40.36     (1) prevent the waste or unnecessary spending of public 
 41.1   money; 
 41.2      (2) use innovative fiscal and human resource practices to 
 41.3   manage the state's resources and operate the department as 
 41.4   efficiently as possible; 
 41.5      (3) coordinate the department's activities wherever 
 41.6   appropriate with the activities of other governmental agencies; 
 41.7      (4) use technology where appropriate to increase agency 
 41.8   productivity, improve customer service, increase public access 
 41.9   to information about government, and increase public 
 41.10  participation in the business of government; 
 41.11     (5) utilize constructive and cooperative labor-management 
 41.12  practices to the extent otherwise required by chapters 43A and 
 41.13  179A; 
 41.14     (6) ~~include specific objectives in~~ report to the 
 41.15  legislature on the performance ~~report required under section~~ 
 41.16  ~~15.91 to increase the efficiency~~ of agency operations~~, when~~ 
 41.17  ~~appropriate~~ and the accomplishment of agency goals in the 
 41.18  agency's biennial budget according to section 16A.10, 
 41.19  subdivision 1; and 
 41.20     (7) recommend to the legislature~~, in the performance report~~ 
 41.21  ~~of the department required under section 15.91,~~ appropriate 
 41.22  changes in law necessary to carry out the mission and improve 
 41.23  the performance of the department. 
 41.24     Sec. 57.  Minnesota Statutes 1996, section 144.05, 
 41.25  subdivision 2, is amended to read: 
 41.26     Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
 41.27  department's mission that within the department's resources the 
 41.28  commissioner shall endeavor to: 
 41.29     (1) prevent the waste or unnecessary spending of public 
 41.30  money; 
 41.31     (2) use innovative fiscal and human resource practices to 
 41.32  manage the state's resources and operate the department as 
 41.33  efficiently as possible; 
 41.34     (3) coordinate the department's activities wherever 
 41.35  appropriate with the activities of other governmental agencies; 
 41.36     (4) use technology where appropriate to increase agency 
 42.1   productivity, improve customer service, increase public access 
 42.2   to information about government, and increase public 
 42.3   participation in the business of government; 
 42.4      (5) utilize constructive and cooperative labor-management 
 42.5   practices to the extent otherwise required by chapters 43A and 
 42.6   179A; 
 42.7      (6) ~~include specific objectives in~~ report to the 
 42.8   legislature on the performance ~~report required under section~~ 
 42.9   ~~15.91 to increase the efficiency~~ of agency operations~~, when~~ 
 42.10  ~~appropriate~~ and the accomplishment of agency goals in the 
 42.11  agency's biennial budget according to section 16A.10, 
 42.12  subdivision 1; and 
 42.13     (7) recommend to the legislature~~, in the performance report~~ 
 42.14  ~~of the department required under section 15.91,~~ appropriate 
 42.15  changes in law necessary to carry out the mission and improve 
 42.16  the performance of the department. 
 42.17     Sec. 58.  Minnesota Statutes 1996, section 174.02, 
 42.18  subdivision 1a, is amended to read: 
 42.19     Subd. 1a.  [MISSION; EFFICIENCY.] It is part of the 
 42.20  department's mission that within the department's resources the 
 42.21  commissioner shall endeavor to: 
 42.22     (1) prevent the waste or unnecessary spending of public 
 42.23  money; 
 42.24     (2) use innovative fiscal and human resource practices to 
 42.25  manage the state's resources and operate the department as 
 42.26  efficiently as possible; 
 42.27     (3) coordinate the department's activities wherever 
 42.28  appropriate with the activities of other governmental agencies; 
 42.29     (4) use technology where appropriate to increase agency 
 42.30  productivity, improve customer service, increase public access 
 42.31  to information about government, and increase public 
 42.32  participation in the business of government; 
 42.33     (5) utilize constructive and cooperative labor-management 
 42.34  practices to the extent otherwise required by chapters 43A and 
 42.35  179A; 
 42.36     (6) ~~include specific objectives in~~ report to the 
 43.1   legislature on the performance ~~report required under section~~ 
 43.2   ~~15.91 to increase the efficiency~~ of agency operations~~, when~~ 
 43.3   ~~appropriate~~ and the accomplishment of agency goals in the 
 43.4   agency's biennial budget according to section 16A.10, 
 43.5   subdivision 1; and 
 43.6      (7) recommend to the legislature~~, in the performance report~~ 
 43.7   ~~of the department required under section 15.91,~~ appropriate 
 43.8   changes in law necessary to carry out the mission and improve 
 43.9   the performance of the department. 
 43.10     Sec. 59.  Minnesota Statutes 1996, section 175.001, 
 43.11  subdivision 6, is amended to read: 
 43.12     Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
 43.13  department's mission that within the department's resources the 
 43.14  commissioner shall endeavor to: 
 43.15     (1) prevent the waste or unnecessary spending of public 
 43.16  money; 
 43.17     (2) use innovative fiscal and human resource practices to 
 43.18  manage the state's resources and operate the department as 
 43.19  efficiently as possible; 
 43.20     (3) coordinate the department's activities wherever 
 43.21  appropriate with the activities of other governmental agencies; 
 43.22     (4) use technology where appropriate to increase agency 
 43.23  productivity, improve customer service, increase public access 
 43.24  to information about government, and increase public 
 43.25  participation in the business of government; 
 43.26     (5) utilize constructive and cooperative labor-management 
 43.27  practices to the extent otherwise required by chapters 43A and 
 43.28  179A; 
 43.29     (6) ~~include specific objectives in~~ report to the 
 43.30  legislature on the performance ~~report required under section~~ 
 43.31  ~~15.91 to increase the efficiency~~ of agency operations~~, when~~ 
 43.32  ~~appropriate~~ and the accomplishment of agency goals in the 
 43.33  agency's biennial budget according to section 16A.10, 
 43.34  subdivision 1; and 
 43.35     (7) recommend to the legislature~~, in the performance report~~ 
 43.36  ~~of the department required under section 15.91,~~ appropriate 
 44.1   changes in law necessary to carry out the mission and improve 
 44.2   the performance of the department. 
 44.3      Sec. 60.  Minnesota Statutes 1996, section 190.09, 
 44.4   subdivision 2, is amended to read: 
 44.5      Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
 44.6   department's mission that within the department's resources the 
 44.7   adjutant general shall endeavor to: 
 44.8      (1) prevent the waste or unnecessary spending of public 
 44.9   money; 
 44.10     (2) use innovative fiscal and human resource practices to 
 44.11  manage the state's resources and operate the department as 
 44.12  efficiently as possible; 
 44.13     (3) coordinate the department's activities wherever 
 44.14  appropriate with the activities of other governmental agencies; 
 44.15     (4) use technology where appropriate to increase agency 
 44.16  productivity, improve customer service, increase public access 
 44.17  to information about government, and increase public 
 44.18  participation in the business of government; 
 44.19     (5) utilize constructive and cooperative labor-management 
 44.20  practices to the extent otherwise required by chapters 43A and 
 44.21  179A; 
 44.22     (6) ~~include specific objectives in~~ report to the 
 44.23  legislature on the performance ~~report required under section~~ 
 44.24  ~~15.91 to increase the efficiency~~ of agency operations~~, when~~ 
 44.25  ~~appropriate~~ and the accomplishment of agency goals in the 
 44.26  agency's biennial budget according to section 16A.10, 
 44.27  subdivision 1; and 
 44.28     (7) recommend to the legislature~~, in the performance report~~ 
 44.29  ~~of the department required under section 15.91,~~ appropriate 
 44.30  changes in law necessary to carry out the mission and improve 
 44.31  the performance of the department. 
 44.32     Sec. 61.  Minnesota Statutes 1996, section 196.05, 
 44.33  subdivision 2, is amended to read: 
 44.34     Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
 44.35  department's mission that within the department's resources the 
 44.36  commissioner shall endeavor to: 
 45.1      (1) prevent the waste or unnecessary spending of public 
 45.2   money; 
 45.3      (2) use innovative fiscal and human resource practices to 
 45.4   manage the state's resources and operate the department as 
 45.5   efficiently as possible; 
 45.6      (3) coordinate the department's activities wherever 
 45.7   appropriate with the activities of other governmental agencies; 
 45.8      (4) use technology where appropriate to increase agency 
 45.9   productivity, improve customer service, increase public access 
 45.10  to information about government, and increase public 
 45.11  participation in the business of government; 
 45.12     (5) utilize constructive and cooperative labor-management 
 45.13  practices to the extent otherwise required by chapters 43A and 
 45.14  179A; 
 45.15     (6) ~~include specific objectives in~~ report to the 
 45.16  legislature on the performance ~~report required under section~~ 
 45.17  ~~15.91 to increase the efficiency~~ of agency operations~~, when~~ 
 45.18  ~~appropriate~~ and the accomplishment of agency goals in the 
 45.19  agency's biennial budget according to section 16A.10, 
 45.20  subdivision 1; and 
 45.21     (7) recommend to the legislature~~, in the performance report~~ 
 45.22  ~~of the department required under section 15.91,~~ appropriate 
 45.23  changes in law necessary to carry out the mission and improve 
 45.24  the performance of the department. 
 45.25     Sec. 62.  Minnesota Statutes 1996, section 216A.07, 
 45.26  subdivision 6, is amended to read: 
 45.27     Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
 45.28  department's mission that within the department's resources the 
 45.29  commissioner shall endeavor to: 
 45.30     (1) prevent the waste or unnecessary spending of public 
 45.31  money; 
 45.32     (2) use innovative fiscal and human resource practices to 
 45.33  manage the state's resources and operate the department as 
 45.34  efficiently as possible; 
 45.35     (3) coordinate the department's activities wherever 
 45.36  appropriate with the activities of other governmental agencies; 
 46.1      (4) use technology where appropriate to increase agency 
 46.2   productivity, improve customer service, increase public access 
 46.3   to information about government, and increase public 
 46.4   participation in the business of government; 
 46.5      (5) utilize constructive and cooperative labor-management 
 46.6   practices to the extent otherwise required by chapters 43A and 
 46.7   179A; 
 46.8      (6) ~~include specific objectives in~~ report to the 
 46.9   legislature on the performance ~~report required under section~~ 
 46.10  ~~15.91 to increase the efficiency~~ of agency operations~~, when~~ 
 46.11  ~~appropriate~~ and the accomplishment of agency goals in the 
 46.12  agency's biennial budget according to section 16A.10, 
 46.13  subdivision 1; and 
 46.14     (7) recommend to the legislature~~, in the performance report~~ 
 46.15  ~~of the department required under section 15.91,~~ appropriate 
 46.16  changes in law necessary to carry out the mission and improve 
 46.17  the performance of the department. 
 46.18     Sec. 63.  Minnesota Statutes 1997 Supplement, section 
 46.19  241.01, subdivision 3b, is amended to read: 
 46.20     Subd. 3b.  [MISSION; EFFICIENCY.] It is part of the 
 46.21  department's mission that within the department's resources the 
 46.22  commissioner shall endeavor to: 
 46.23     (1) prevent the waste or unnecessary spending of public 
 46.24  money; 
 46.25     (2) use innovative fiscal and human resource practices to 
 46.26  manage the state's resources and operate the department as 
 46.27  efficiently as possible; 
 46.28     (3) coordinate the department's activities wherever 
 46.29  appropriate with the activities of other governmental agencies; 
 46.30     (4) use technology where appropriate to increase agency 
 46.31  productivity, improve service to the public, increase public 
 46.32  access to information about government, and increase public 
 46.33  participation in the business of government; 
 46.34     (5) utilize constructive and cooperative labor-management 
 46.35  practices to the extent otherwise required by chapters 43A and 
 46.36  179A; 
 47.1      (6) ~~include specific objectives in~~ report to the 
 47.2   legislature on the performance ~~report required under sections~~ 
 47.3   ~~15.91 and 241.015 to increase the efficiency~~ of agency 
 47.4   operations~~, when appropriate~~ and the accomplishment of agency 
 47.5   goals in the agency's biennial budget according to section 
 47.6   16A.10, subdivision 1; and 
 47.7      (7) recommend to the legislature~~, in the performance report~~ 
 47.8   ~~of the department required under sections 15.91 and 241.015,~~ 
 47.9   appropriate changes in law necessary to carry out the 
 47.10  mission and improve the performance of the department. 
 47.11     Sec. 64.  Minnesota Statutes 1997 Supplement, section 
 47.12  245.03, subdivision 2, is amended to read: 
 47.13     Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
 47.14  department's mission that within the department's resources the 
 47.15  commissioner shall endeavor to: 
 47.16     (1) prevent the waste or unnecessary spending of public 
 47.17  money; 
 47.18     (2) use innovative fiscal and human resource practices to 
 47.19  manage the state's resources and operate the department as 
 47.20  efficiently as possible, including the authority to consolidate 
 47.21  different nonentitlement grant programs, having similar 
 47.22  functions or serving similar populations, as may be determined 
 47.23  by the commissioner, while protecting the original purposes of 
 47.24  the programs.  Nonentitlement grant funds consolidated by the 
 47.25  commissioner shall be reflected in the department's biennial 
 47.26  budget.  With approval of the commissioner, vendors who are 
 47.27  eligible for funding from any of the commissioner's granting 
 47.28  authority under section 256.01, subdivision 2, paragraph (1), 
 47.29  clause (f), may submit a single application for a grant 
 47.30  agreement including multiple awards; 
 47.31     (3) coordinate the department's activities wherever 
 47.32  appropriate with the activities of other governmental agencies; 
 47.33     (4) use technology where appropriate to increase agency 
 47.34  productivity, improve customer service, increase public access 
 47.35  to information about government, and increase public 
 47.36  participation in the business of government; 
 48.1      (5) utilize constructive and cooperative labor-management 
 48.2   practices to the extent otherwise required by chapters 43A and 
 48.3   179A; 
 48.4      (6) ~~include specific objectives in~~ report to the 
 48.5   legislature on the performance ~~report required under section~~ 
 48.6   ~~15.91 to increase the efficiency~~ of agency operations~~, when~~ 
 48.7   ~~appropriate~~ and the accomplishment of agency goals in the 
 48.8   agency's biennial budget according to section 16A.10, 
 48.9   subdivision 1; and 
 48.10     (7) recommend to the legislature~~, in the performance report~~ 
 48.11  ~~of the department required under section 15.91,~~ appropriate 
 48.12  changes in law necessary to carry out the mission and improve 
 48.13  the performance of the department. 
 48.14     Sec. 65.  Minnesota Statutes 1996, section 268.0122, 
 48.15  subdivision 6, is amended to read: 
 48.16     Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
 48.17  department's mission that within the department's resources the 
 48.18  commissioner shall endeavor to: 
 48.19     (1) prevent the waste or unnecessary spending of public 
 48.20  money; 
 48.21     (2) use innovative fiscal and human resource practices to 
 48.22  manage the state's resources and operate the department as 
 48.23  efficiently as possible; 
 48.24     (3) coordinate the department's activities wherever 
 48.25  appropriate with the activities of other governmental agencies; 
 48.26     (4) use technology where appropriate to increase agency 
 48.27  productivity, improve customer service, increase public access 
 48.28  to information about government, and increase public 
 48.29  participation in the business of government; 
 48.30     (5) utilize constructive and cooperative labor-management 
 48.31  practices to the extent otherwise required by chapters 43A and 
 48.32  179A; 
 48.33     (6) ~~include specific objectives in~~ report to the 
 48.34  legislature on the performance ~~report required under section~~ 
 48.35  ~~15.91 to increase the efficiency~~ of agency operations~~, when~~ 
 48.36  ~~appropriate~~ and the accomplishment of agency goals in the 
 49.1   agency's biennial budget according to section 16A.10, 
 49.2   subdivision 1; and 
 49.3      (7) recommend to the legislature~~, in the performance report~~ 
 49.4   ~~of the department required under section 15.91,~~ appropriate 
 49.5   changes in law necessary to carry out the mission and improve 
 49.6   the performance of the department. 
 49.7      Sec. 66.  Minnesota Statutes 1996, section 270.02, 
 49.8   subdivision 3a, is amended to read: 
 49.9      Subd. 3a.  [MISSION; EFFICIENCY.] It is part of the 
 49.10  department's mission that within the department's resources the 
 49.11  commissioner shall endeavor to: 
 49.12     (1) prevent the waste or unnecessary spending of public 
 49.13  money; 
 49.14     (2) use innovative fiscal and human resource practices to 
 49.15  manage the state's resources and operate the department as 
 49.16  efficiently as possible; 
 49.17     (3) coordinate the department's activities wherever 
 49.18  appropriate with the activities of other governmental agencies; 
 49.19     (4) use technology where appropriate to increase agency 
 49.20  productivity, improve customer service, increase public access 
 49.21  to information about government, and increase public 
 49.22  participation in the business of government; 
 49.23     (5) utilize constructive and cooperative labor-management 
 49.24  practices to the extent otherwise required by chapters 43A and 
 49.25  179A; 
 49.26     (6) ~~include specific objectives in~~ report to the 
 49.27  legislature on the performance ~~report required under section~~ 
 49.28  ~~15.91 to increase the efficiency~~ of agency operations~~, when~~ 
 49.29  ~~appropriate~~ and the accomplishment of agency goals in the 
 49.30  agency's biennial budget according to section 16A.10, 
 49.31  subdivision 1; and 
 49.32     (7) recommend to the legislature~~, in the performance report~~ 
 49.33  ~~of the department required under section 15.91,~~ appropriate 
 49.34  changes in law necessary to carry out the mission and improve 
 49.35  the performance of the department. 
 49.36     Sec. 67.  Minnesota Statutes 1997 Supplement, section 
 50.1   270.063, subdivision 1, is amended to read: 
 50.2      Subdivision 1.  [APPROPRIATION.] For the purpose of 
 50.3   collecting delinquent state tax liabilities or debts as defined 
 50.4   in section 16D.02, subdivision 3, there is appropriated to the 
 50.5   commissioner of revenue an amount representing the cost of 
 50.6   collection by contract with collection agencies, revenue 
 50.7   departments of other states, or attorneys to enable the 
 50.8   commissioner to reimburse these agencies, departments, or 
 50.9   attorneys for this service.  The commissioner shall report 
 50.10  quarterly on the status of this program to the chair of the 
 50.11  house tax and appropriation committees and senate tax and 
 50.12  finance committees. 
 50.13     Sec. 68.  Minnesota Statutes 1996, section 299A.01, 
 50.14  subdivision 1a, is amended to read: 
 50.15     Subd. 1a.  [MISSION; EFFICIENCY.] It is part of the 
 50.16  department's mission that within the department's resources the 
 50.17  commissioner shall endeavor to: 
 50.18     (1) prevent the waste or unnecessary spending of public 
 50.19  money; 
 50.20     (2) use innovative fiscal and human resource practices to 
 50.21  manage the state's resources and operate the department as 
 50.22  efficiently as possible; 
 50.23     (3) coordinate the department's activities wherever 
 50.24  appropriate with the activities of other governmental agencies; 
 50.25     (4) use technology where appropriate to increase agency 
 50.26  productivity, improve customer service, increase public access 
 50.27  to information about government, and increase public 
 50.28  participation in the business of government; 
 50.29     (5) utilize constructive and cooperative labor-management 
 50.30  practices to the extent otherwise required by chapters 43A and 
 50.31  179A; 
 50.32     (6) ~~include specific objectives in~~ report to the 
 50.33  legislature on the performance ~~report required under section~~ 
 50.34  ~~15.91 to increase the efficiency~~ of agency operations~~, when~~ 
 50.35  ~~appropriate~~ and the accomplishment of agency goals in the 
 50.36  agency's biennial budget according to section 16A.10, 
 51.1   subdivision 1; and 
 51.2      (7) recommend to the legislature~~, in the performance report~~ 
 51.3   ~~of the department required under section 15.91,~~ appropriate 
 51.4   changes in law necessary to carry out the mission and improve 
 51.5   the performance of the department. 
 51.6      Sec. 69.  [325G.53] [CONSUMER EDUCATION; TELEMARKETING 
 51.7   FRAUD.] 
 51.8      Subdivision 1.  [ESTABLISHMENT.] The attorney general shall 
 51.9   establish an outreach advocacy network to educate citizens of 
 51.10  the state with respect to telemarketing fraud. 
 51.11     Subd. 2.  [DUTIES.] The advocacy network shall: 
 51.12     (1) conduct clinics and seminars throughout the state to 
 51.13  educate consumers with respect to telemarketing fraud, including 
 51.14  providing an explanation of rights under federal and state law, 
 51.15  and recommending effective strategies to combat fraud, with 
 51.16  particular emphasis placed on educating consumers in greater 
 51.17  Minnesota and isolated areas of the state where victims may be 
 51.18  targeted; 
 51.19     (2) facilitate outreach to groups particularly susceptible 
 51.20  to telemarketing fraud by training advocates for senior citizens 
 51.21  and other consumer groups to conduct clinics and seminars in 
 51.22  their communities; 
 51.23     (3) prepare and publish informational brochures on 
 51.24  telemarketing fraud for distribution to consumers; 
 51.25     (4) serve as an information clearinghouse within the state 
 51.26  to assist consumers and others to obtain information with 
 51.27  respect to current fraudulent telemarketing activity in the 
 51.28  state; 
 51.29     (5) serve as a resource and provide assistance to local 
 51.30  prosecutors and law enforcement; and 
 51.31     (6) identify those occupations in which persons may be in a 
 51.32  good position to spot telemarketing fraud, and develop 
 51.33  specialized training programs for those persons. 
 51.34     Sec. 70.  Minnesota Statutes 1996, section 349A.06, is 
 51.35  amended by adding a subdivision to read: 
 51.36     Subd. 12.  [RETAILER BONUS.] The director may adopt a plan 
 52.1   whereby eligible lottery retailers will receive a bonus payment, 
 52.2   in addition to commissions or incentives earned for the sale of 
 52.3   lottery tickets, if total lottery sales for a fiscal year 
 52.4   increase when compared to the total lottery sales for the 
 52.5   previous fiscal year.  The bonus payment shall be no more than 
 52.6   ten percent of any increase in total lottery sale, which shall 
 52.7   be paid to active lottery retailers at the end of a fiscal year 
 52.8   on the basis of each lottery retailer's market share. 
 52.9      Sec. 71.  Minnesota Statutes 1996, section 349A.10, 
 52.10  subdivision 3, is amended to read: 
 52.11     Subd. 3.  [LOTTERY OPERATIONS.] (a) The director shall 
 52.12  establish a lottery operations account in the lottery fund.  The 
 52.13  director shall pay all costs of operating the lottery, including 
 52.14  payroll costs or amounts transferred to the state treasury for 
 52.15  payroll costs, but not including lottery prizes, from the 
 52.16  lottery operating account.  The director shall credit to the 
 52.17  lottery operations account amounts sufficient to pay the 
 52.18  operating costs of the lottery. 
 52.19     (b) ~~The director may not credit in fiscal year 1993 amounts~~ 
 52.20  ~~to the lottery operations account which when totaled exceed 14.5~~ 
 52.21  ~~percent of gross revenue to the lottery fund.~~  Except as 
 52.22  provided in paragraph (e), the director may not credit in any 
 52.23  fiscal year thereafter amounts to the lottery operations account 
 52.24  which when totaled exceed 15 percent of gross revenue to the 
 52.25  lottery fund in that fiscal year.  In computing total amounts 
 52.26  credited to the lottery operations account under this paragraph 
 52.27  the director shall disregard amounts transferred to or retained 
 52.28  by lottery retailers as sales commissions or other compensation. 
 52.29     (c) The director of the lottery may not expend after July 
 52.30  1, 1991, more than 2-3/4 percent of gross revenues in a fiscal 
 52.31  year for contracts for the preparation, publication, and 
 52.32  placement of advertising. 
 52.33     (d) Except as the director determines, the lottery is not 
 52.34  subject to chapter 16A relating to budgeting, payroll, and the 
 52.35  purchase of goods and services. 
 52.36     (e) In addition to the amounts credited to the lottery 
 53.1   operations account under paragraph (b), the director is 
 53.2   authorized, if necessary, to meet the current obligations of the 
 53.3   lottery and to credit up to 25 percent of an amount equal to the 
 53.4   average annual amount which was authorized to be credited to the 
 53.5   lottery operations account for the previous three fiscal years 
 53.6   but was not needed to meet the obligations of the lottery. 
 53.7      Sec. 72.  Minnesota Statutes 1996, section 349A.11, is 
 53.8   amended to read: 
 53.9      349A.11 [CONFLICT OF INTEREST.] 
 53.10     Subdivision 1.  [LOTTERY TICKET; RETAILER.] ~~(a)~~ The 
 53.11  director, an employee of the lottery, a member of the immediate 
 53.12  family of the director or employee residing in the same 
 53.13  household may not: 
 53.14     (1) purchase a lottery ticket; or 
 53.15     (2) have any personal pecuniary interest in any vendor 
 53.16  holding a lottery procurement contract, or in any lottery 
 53.17  retailer; or 
 53.18     (3) receive any gift, gratuity, or other thing of value, 
 53.19  excluding food or beverage, from any lottery vendor or lottery 
 53.20  retailer, or person applying to be a retailer or vendor, in 
 53.21  excess of $100 in any calendar year.  
 53.22     Subd. 2.  [GIFTS.] The director or an employee of the 
 53.23  lottery in the unclassified service may not accept a gift the 
 53.24  acceptance of which by an official would be prohibited by 
 53.25  section 10A.071. 
 53.26     Subd. 3.  [PENALTY.] ~~(b)~~ A violation of ~~paragraph~~ 
 53.27  ~~(a)~~ subdivision 1, clause (1), is a misdemeanor.  A violation of 
 53.28  ~~paragraph (a)~~ subdivision 1, clause (2), is a gross 
 53.29  misdemeanor.  A violation of ~~paragraph (a)~~ subdivision 1, clause 
 53.30  (3), is a misdemeanor unless the gift, gratuity, or other item 
 53.31  of value received has a value in excess of $500, in which case a 
 53.32  violation is a gross misdemeanor.  
 53.33     Subd. 4.  [FUTURE EMPLOYMENT.] ~~(c)~~ The director or an 
 53.34  unclassified employee of the lottery may not, within ~~one year~~ 
 53.35  two years of terminating employment with the lottery, ~~accept~~ 
 53.36  ~~employment with, act as an agent or attorney for, or otherwise~~ 
 54.1   represent any person, corporation, or entity ~~that had any~~ 
 54.2   ~~lottery procurement contract or bid for a lottery procurement~~ 
 54.3   ~~contract with~~ before the lottery ~~within a period of two years~~ 
 54.4   ~~prior to the termination of their employment~~.  A violation of 
 54.5   this paragraph is a misdemeanor. 
 54.6      Sec. 73.  [349A.16] [LOTTERY RETAILER COMMISSIONS.] 
 54.7      The director of the state lottery shall:  (1) increase 
 54.8   commissions paid to lottery retailers in effect on January 1, 
 54.9   1998, by one-half percent on the price of each ticket sold by 
 54.10  each retailer; and (2) provide that each lottery retailer 
 54.11  receive a commission of at least one percent on the amount of 
 54.12  each winning ticket cashed by that retailer.  The director of 
 54.13  the state lottery shall periodically review lottery ticket sales 
 54.14  and make such adjustments to lottery retailer commission rates 
 54.15  as are deemed necessary to maintain appropriate return to the 
 54.16  state.  
 54.17     Sec. 74.  Minnesota Statutes 1996, section 352D.12, is 
 54.18  amended to read: 
 54.19     352D.12 [TRANSFER OF PRIOR SERVICE CONTRIBUTIONS.] 
 54.20     (a) An employee who is a participant in the unclassified 
 54.21  program and who has prior service credit in a covered plan under 
 54.22  chapters 3A, 352, 352C, 353, 354, 354A, and 422A may, within the 
 54.23  time limits specified in this section, elect to transfer to the 
 54.24  unclassified program prior service contributions to one or more 
 54.25  of those plans.  Participants with six or more years of prior 
 54.26  service credit in a plan governed by chapter 3A or 352C on July 
 54.27  1, 1998, may not transfer prior service contributions.  
 54.28  Participants with less than six years of prior service credit in 
 54.29  a plan governed by chapter 3A or 352C on July 1, 1998, must be 
 54.30  contributing to the unclassified plan on or after January 5, 
 54.31  1999, in order to transfer prior contributions. 
 54.32     (b) For participants with prior service credit in a plan 
 54.33  governed by chapter 352, 353, 354, 354A, or 422A, "prior service 
 54.34  contributions" means the accumulated employee and equal employer 
 54.35  contributions with interest at an annual rate of 8.5 percent 
 54.36  compounded annually, based on fiscal year balances.  For 
 55.1   participants with less than six years of service credit as of 
 55.2   July 1, 1998, and with prior service credit in a plan governed 
 55.3   by chapter 3A or 352C, "prior service contributions" means twice 
 55.4   the amount of the accumulated member contributions plus annual 
 55.5   compound interest at the rate of 8.5 percent, computed on fiscal 
 55.6   year balances.  
 55.7      (c) If a participant has taken a refund from a ~~fund~~ 
 55.8   retirement plan listed in this section, the participant may 
 55.9   repay the refund to that ~~fund~~ plan, notwithstanding any 
 55.10  restrictions on repayment to that ~~fund~~ plan, plus 8.5 percent 
 55.11  interest compounded annually and have the accumulated employee 
 55.12  and equal employer contributions transferred to the unclassified 
 55.13  program with interest at an annual rate of 8.5 percent 
 55.14  compounded annually based on fiscal year balances.  If a person 
 55.15  repays a refund and subsequently elects to have the money 
 55.16  transferred to the unclassified program, the repayment amount, 
 55.17  including interest, is added to the fiscal year balance in the 
 55.18  year which the repayment was made. 
 55.19     (d) A participant electing to transfer prior service 
 55.20  contributions credited to a retirement plan governed by chapter 
 55.21  352, 353, 354, 354A, or 422A as provided under this section must 
 55.22  complete the application for the transfer and repay any refund 
 55.23  within one year of ~~July 1, 1985 or~~ the commencement of the 
 55.24  employee's participation in the unclassified program~~, whichever~~ 
 55.25  ~~is later~~.  A participant electing to transfer prior service 
 55.26  contributions credited to a retirement plan governed by chapter 
 55.27  3A or 352C as provided under this section must complete the 
 55.28  application for the transfer and repay any refund between 
 55.29  January 5, 1999, and June 1, 1999, if the employee commenced 
 55.30  participation in the unclassified program before January 5, 
 55.31  1999, or within one year of the commencement of the employee's 
 55.32  participation in the unclassified program if the employee 
 55.33  commenced participation in the unclassified program after 
 55.34  January 4, 1999.  
 55.35     Sec. 75.  Minnesota Statutes 1997 Supplement, section 
 55.36  357.021, subdivision 1a, is amended to read: 
 56.1      Subd. 1a.  (a) Every person, including the state of 
 56.2   Minnesota and all bodies politic and corporate, who shall 
 56.3   transact any business in the district court, shall pay to the 
 56.4   court administrator of said court the sundry fees prescribed in 
 56.5   subdivision 2.  Except as provided in paragraph (d), the court 
 56.6   administrator shall transmit the fees monthly to the state 
 56.7   treasurer for deposit in the state treasury and credit to the 
 56.8   general fund.  
 56.9      (b) In a county which has a screener-collector position, 
 56.10  fees paid by a county pursuant to this subdivision shall be 
 56.11  transmitted monthly to the county treasurer, who shall apply the 
 56.12  fees first to reimburse the county for the amount of the salary 
 56.13  paid for the screener-collector position.  The balance of the 
 56.14  fees collected shall then be forwarded to the state treasurer 
 56.15  for deposit in the state treasury and credited to the general 
 56.16  fund.  In a county in the eighth judicial district which has a 
 56.17  screener-collector position, the fees paid by a county shall be 
 56.18  transmitted monthly to the state treasurer for deposit in the 
 56.19  state treasury and credited to the general fund.  A 
 56.20  screener-collector position for purposes of this paragraph is an 
 56.21  employee whose function is to increase the collection of fines 
 56.22  and to review the incomes of potential clients of the public 
 56.23  defender, in order to verify eligibility for that service. 
 56.24     (c) No fee is required under this section from the public 
 56.25  authority or the party the public authority represents in an 
 56.26  action for: 
 56.27     (1) child support enforcement or modification, medical 
 56.28  assistance enforcement, or establishment of parentage in the 
 56.29  district court, or child or medical support enforcement 
 56.30  conducted by an administrative law judge in an administrative 
 56.31  hearing under section 518.5511; 
 56.32     (2) civil commitment under chapter 253B; 
 56.33     (3) the appointment of a public conservator or public 
 56.34  guardian or any other action under chapters 252A and 525; 
 56.35     (4) wrongfully obtaining public assistance under section 
 56.36  256.98 or 256D.07, or recovery of overpayments of public 
 57.1   assistance; 
 57.2      (5) court relief under chapter 260; 
 57.3      (6) forfeiture of property under sections 169.1217 and 
 57.4   609.531 to 609.5317; 
 57.5      (7) recovery of amounts issued by political subdivisions or 
 57.6   public institutions under sections 246.52, 252.27, 256.045, 
 57.7   256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and 
 57.8   260.251, or other sections referring to other forms of public 
 57.9   assistance; ~~or~~ 
 57.10     (8) restitution under section 611A.04; or 
 57.11     (9) actions seeking monetary relief in favor of the state 
 57.12  pursuant to section 16D.14, subdivision 5. 
 57.13     (d) The fees collected for child support modifications 
 57.14  under subdivision 2, clause (13), must be transmitted to the 
 57.15  county treasurer for deposit in the county general fund.  The 
 57.16  fees must be used by the county to pay for child support 
 57.17  enforcement efforts by county attorneys. 
 57.18     Sec. 76.  Minnesota Statutes 1996, section 357.022, is 
 57.19  amended to read: 
 57.20     357.022 [CONCILIATION COURT FEE.] 
 57.21     The court administrator in every county shall charge and 
 57.22  collect a filing fee of $15 where the amount demanded is less 
 57.23  than $2,000 and $25 where the amount demanded is $2,000 or more 
 57.24  from every plaintiff and from every defendant when the first 
 57.25  paper for that party is filed in any conciliation court action.  
 57.26  This section does not apply to conciliation court actions filed 
 57.27  by the state.  The court administrator shall transmit the fees 
 57.28  monthly to the state treasurer for deposit in the state treasury 
 57.29  and credit to the general fund. 
 57.30     Sec. 77.  Minnesota Statutes 1996, section 363.05, 
 57.31  subdivision 3, is amended to read: 
 57.32     Subd. 3.  [MISSION; EFFICIENCY.] It is part of the 
 57.33  department's mission that within the department's resources the 
 57.34  commissioner shall endeavor to: 
 57.35     (1) prevent the waste or unnecessary spending of public 
 57.36  money; 
 58.1      (2) use innovative fiscal and human resource practices to 
 58.2   manage the state's resources and operate the department as 
 58.3   efficiently as possible; 
 58.4      (3) coordinate the department's activities wherever 
 58.5   appropriate with the activities of other governmental agencies; 
 58.6      (4) use technology where appropriate to increase agency 
 58.7   productivity, improve customer service, increase public access 
 58.8   to information about government, and increase public 
 58.9   participation in the business of government; 
 58.10     (5) utilize constructive and cooperative labor-management 
 58.11  practices to the extent otherwise required by chapters 43A and 
 58.12  179A; 
 58.13     (6) ~~include specific objectives in~~ report to the 
 58.14  legislature on the performance ~~report required under section~~ 
 58.15  ~~15.91 to increase the efficiency~~ of agency operations~~, when~~ 
 58.16  ~~appropriate~~ and the accomplishment of agency goals in the 
 58.17  agency's biennial budget according to section 16A.10, 
 58.18  subdivision 1; and 
 58.19     (7) recommend to the legislature~~, in the performance report~~ 
 58.20  ~~of the department required under section 15.91,~~ appropriate 
 58.21  changes in law necessary to carry out the mission and improve 
 58.22  the performance of the department. 
 58.23     Sec. 78.  Minnesota Statutes 1997 Supplement, section 
 58.24  394.232, subdivision 5, is amended to read: 
 58.25     Subd. 5.  [REVIEW AND COMMENT.] (a) The county or joint 
 58.26  planning district shall submit its community-based comprehensive 
 58.27  plan to the office of strategic and long-range planning for 
 58.28  review of the extent to which the plan promotes local citizen 
 58.29  participation, promotes cooperation among adjacent communities, 
 58.30  and demonstrates consideration of the community-based planning 
 58.31  goals in section 4A.08.  ~~The plan is deemed approved 60 days~~ 
 58.32  ~~after submittal to the office, unless the office disagrees with~~ 
 58.33  ~~the plan as provided in paragraph (c)~~ The office has 60 days 
 58.34  after submittal to comment on the plan. 
 58.35     (b) The office may not disapprove a community-based 
 58.36  comprehensive plan if the office determines that the plan ~~meets~~ 
 59.1   ~~the requirements of this section~~ promotes local citizen 
 59.2   participation, promotes cooperation among adjacent communities, 
 59.3   and demonstrates consideration of the community-based planning 
 59.4   goals in section 4A.08.  
 59.5      (c) If the office disagrees with a community-based 
 59.6   comprehensive plan or any elements of the plan, the office shall 
 59.7   notify the county or district in writing of ~~the plan~~ 
 59.8   ~~deficiencies and suggested changes~~ how the plan specifically 
 59.9   fails to address the goals of community-based planning.  Upon 
 59.10  receipt of the office's written comments, the county or district 
 59.11  has ~~60~~ 120 days to revise the community-based comprehensive plan 
 59.12  and resubmit it to the office for reconsideration. 
 59.13     (d) If the county or district refuses to revise the plan or 
 59.14  the office disagrees with the revised plan, the office shall 
 59.15  within 60 days notify the county or district that it wishes to 
 59.16  initiate the dispute resolution process in chapter 572A. 
 59.17     (e) Within ~~30~~ 60 days of notice from the office, the county 
 59.18  or joint planning district shall notify the office of its intent 
 59.19  to enter the dispute resolution process.  If the county or 
 59.20  district refuses to enter the dispute resolution process, the 
 59.21  county or district ~~shall refund any state grant received for~~ is 
 59.22  ineligible for any future grant disbursements related to 
 59.23  community-based planning activities through the office. 
 59.24     (f) Priority for other state grants, loans, and other 
 59.25  discretionary spending must not be given to local units of 
 59.26  government based on their participation in community-based 
 59.27  planning. 
 59.28     Sec. 79.  Minnesota Statutes 1996, section 469.177, 
 59.29  subdivision 11, is amended to read: 
 59.30     Subd. 11.  [DEDUCTION FOR ENFORCEMENT COSTS; 
 59.31  APPROPRIATION.] (a) The county treasurer shall deduct an amount 
 59.32  equal to ~~0.1~~ 0.25 percent of any increment distributed to an 
 59.33  authority or municipality.  The county treasurer shall pay the 
 59.34  amount deducted to the state treasurer for deposit in the state 
 59.35  general fund. 
 59.36     (b) The amounts deducted and paid under paragraph (a) are 
 60.1   appropriated to the state auditor for the cost of (1) the 
 60.2   financial reporting of tax increment financing information and 
 60.3   (2) the cost of examining and auditing of authorities' use of 
 60.4   tax increment financing as provided under section 469.1771, 
 60.5   subdivision 1.  Notwithstanding section 16A.28 or any other law 
 60.6   to the contrary, this appropriation does not cancel and remains 
 60.7   available until spent.  
 60.8      Sec. 80.  [SETTLEMENT DIVISION; TRANSFER OF JUDGES.] 
 60.9      The office of administrative hearings shall establish a 
 60.10  settlement division.  The workers' compensation judges at the 
 60.11  department of labor and industry, together with their support 
 60.12  staff, offices, furnishings, equipment, and supplies, are 
 60.13  transferred to the settlement division of the office of 
 60.14  administrative hearings.  Minnesota Statutes, section 15.039, 
 60.15  applies to the transfer of employees.  The settlement division 
 60.16  of the office of administrative hearings shall maintain offices 
 60.17  in the cities of St. Paul, Duluth, and Detroit Lakes.  The 
 60.18  office of a judge in the settlement division of the office of 
 60.19  administrative hearings and the support staff of the judge may 
 60.20  be located in a building that contains offices of the department 
 60.21  of labor and industry.  The seniority of a workers' compensation 
 60.22  judge at the office of administrative hearings, after the 
 60.23  transfer, shall be based on the total length of service as a 
 60.24  judge at either agency.  For purposes of the commissioner's plan 
 60.25  under Minnesota Statutes, section 43A.18, subdivision 2, all 
 60.26  compensation judges at the office of administrative hearings 
 60.27  shall be considered to be in the same employment condition, the 
 60.28  same organizational unit and qualified for work in either 
 60.29  division. 
 60.30     Sec. 81.  [TRANSFER.] 
 60.31     Subdivision 1.  [DUTIES AFFECTED.] (a) The powers and 
 60.32  duties assigned to the workers' compensation judges at the 
 60.33  department of labor and industry on July 1, 1997, are 
 60.34  transferred from the commissioner of labor and industry to the 
 60.35  chief administrative law judge in the office of administrative 
 60.36  hearings.  The chief administrative law judge may assign the 
 61.1   transferred powers and duties to the workers' compensation 
 61.2   judges in the settlement division of the office of 
 61.3   administrative hearings.  These powers and duties include the 
 61.4   following:  
 61.5      (1) the authority to conduct settlement conferences and 
 61.6   issue summary decisions; 
 61.7      (2) the authority to approve settlement agreements and 
 61.8   issue orders on agreements; 
 61.9      (3) the authority to conduct administrative discontinuance 
 61.10  conferences, make determinations and issue orders regarding the 
 61.11  discontinuance disputes; 
 61.12     (4) the authority to issue orders on motions and conduct 
 61.13  special term evidentiary hearings related to the motions; 
 61.14     (5) the authority to approve attorney fees and award 
 61.15  taxable costs; 
 61.16     (6) the authority to make allocations of dependency 
 61.17  benefits; 
 61.18     (7) the authority to issue temporary orders; 
 61.19     (8) the authority to make an award regarding the remodeling 
 61.20  of the residence of a handicapped employee; 
 61.21     (9) the authority to conduct administrative conferences, 
 61.22  make determinations and issue orders regarding medical disputes 
 61.23  except where the amount in dispute is $1,500 or less; 
 61.24     (10) the authority to conduct administrative conferences; 
 61.25  and 
 61.26     (11) the authority to conduct administrative conferences, 
 61.27  make determinations and issue orders regarding any medical or 
 61.28  rehabilitation dispute where the commissioner of the department 
 61.29  of labor and industry determines that the issues involved should 
 61.30  be determined by a judge. 
 61.31     The other powers and duties of the commissioner of labor 
 61.32  and industry are unchanged by this section. 
 61.33     (b) The transfer of the power and duty to conduct 
 61.34  settlement conferences and approve settlement agreements does 
 61.35  not affect the ability of the commissioner of the department of 
 61.36  labor and industry to provide voluntary mediation services and 
 62.1   approve mediation agreements.  The powers and duties assigned to 
 62.2   the customer assistance teams on July 1, 1997, shall remain at 
 62.3   the department of labor and industry.  These powers shall 
 62.4   include: 
 62.5      (1) the authority to conduct voluntary mediation sessions; 
 62.6      (2) the authority to review mediation agreements and issue 
 62.7   mediation awards; 
 62.8      (3) the authority to conduct administrative conferences, 
 62.9   make determinations, and issue orders regarding rehabilitation 
 62.10  services and plans; 
 62.11     (4) the authority to conduct administrative conferences, 
 62.12  make determinations, and issue orders regarding medical disputes 
 62.13  when the amount in dispute is $1,500 or less; and 
 62.14     (5) the authority to award interest in any matter decided 
 62.15  by the commissioner. 
 62.16     Subd. 2.  [REFERRAL.] Within ten days of filing, the 
 62.17  commissioner shall refer all claim petitions and petitions for 
 62.18  temporary orders, statements of attorney fees, objections to 
 62.19  penalty assessments, and any other formal petitions or related 
 62.20  filings, to the settlement division of the office of 
 62.21  administrative hearings for review by a compensation judge, the 
 62.22  compensation judge shall determine whether a settlement 
 62.23  conference or other action is appropriate.  Within ten days of 
 62.24  filing, the commissioner shall refer all medical requests except 
 62.25  where the amount in dispute is $1,500 or less, to the settlement 
 62.26  division of the office of administrative hearings for 
 62.27  administrative conference. 
 62.28     Subd. 3.  [PROHIBITION.] The commissioner of administration 
 62.29  may not use authority in Minnesota Statutes, section 16B.37, nor 
 62.30  may any other executive branch official use this or any other 
 62.31  authority, to transfer powers, duties, work, or employees 
 62.32  relating to workers compensation judges. 
 62.33     Subd. 4.  [EXPIRATION.] Subdivisions 2 and 3 expire 
 62.34  February 15, 1999.  
 62.35     Sec. 82.  [TRANSFER OF FUNDS.] 
 62.36     The commissioner of finance shall, after consultation with 
 63.1   the commissioner of the department of labor and industry and the 
 63.2   chief administrative law judge, make the appropriate transfer of 
 63.3   funds from the department of labor and industry to the office of 
 63.4   administrative hearings.  The funds transferred shall be 
 63.5   sufficient to provide for the smooth operation of the settlement 
 63.6   division and pay the salaries of all personnel transferred to 
 63.7   the office of administrative hearings plus the salaries for any 
 63.8   judge or support staff positions that were filled on October 1, 
 63.9   1997, but are vacant on the effective date of this act.  The 
 63.10  commissioner of finance shall report to the legislature if the 
 63.11  appropriation for the department of labor and industry is 
 63.12  insufficient following the transfer of funds.  This section 
 63.13  expires February 15, 1999. 
 63.14     Sec. 83.  [SMALL CLAIMS COURT TRANSFER.] 
 63.15     The small claims court at the department of labor and 
 63.16  industry is transferred to the office of administrative hearings.
 63.17     Sec. 84.  [NO EFFECT ON CERTAIN AGREEMENTS.] 
 63.18     Sections 80 to 83 do not abrogate or modify the terms of a 
 63.19  memorandum of understanding entered into by the state and an 
 63.20  exclusive representative of state employees affected by the 
 63.21  transfer of duties in sections 80 to 83. 
 63.22     Sec. 85.  [PORTRAIT.] 
 63.23     If a private donor provides or provides funds for a museum 
 63.24  quality portrait of Rudy and Lola Perpich based on the portrait 
 63.25  currently on display at the Minnesota historical society, the 
 63.26  state must accept the gift.  The commissioner of administration 
 63.27  shall substitute the portrait of Rudy and Lola Perpich for the 
 63.28  portrait of Governor Rudy Perpich that currently is displayed on 
 63.29  the ground floor of the state capitol. 
 63.30     Sec. 86.  [LIVESTOCK INDUSTRY ENVIRONMENTAL STEERING 
 63.31  COMMITTEE.] 
 63.32     Subdivision 1.  [COMMITTEE.] The environmental quality 
 63.33  board shall establish the livestock industry environmental 
 63.34  steering committee consisting of representatives of the 
 63.35  livestock industry, environmental interests, and other 
 63.36  stakeholders.  The livestock environmental steering committee 
 64.1   shall advise the environmental quality board on the scope and 
 64.2   content of the generic environmental impact statement required 
 64.3   in subdivision 2. 
 64.4      Compensation of members and reimbursement of their expenses 
 64.5   is governed by Minnesota Statutes, section 15.059.  The 
 64.6   committee expires upon completion of the generic environmental 
 64.7   impact statement required in subdivision 2 and presentation of 
 64.8   the final report to the legislature. 
 64.9      Subd. 2.  [GENERIC ENVIRONMENTAL IMPACT STATEMENT.] A 
 64.10  generic environmental impact statement must be prepared under 
 64.11  the direction of the environmental quality board to examine the 
 64.12  long-term effects of the livestock industry as it exists and as 
 64.13  it is changing on the economy, environment, and way of life of 
 64.14  Minnesota and its citizens.  The study may address: 
 64.15     (1) the overall dimensions of animal agriculture in 
 64.16  Minnesota, including species of livestock; an inventory of 
 64.17  numbers, types, and locations of facilities; and the related 
 64.18  support networks and economic activity involved in the life 
 64.19  cycles of livestock; 
 64.20     (2) environmental issues associated with livestock 
 64.21  production from growing feed to raising the animals to their 
 64.22  shipment to their processing and sale to consumer; effects on 
 64.23  air, groundwater, surface water, land, and other aspects of the 
 64.24  environment both within and without the state examined and 
 64.25  correlated to various management practices, facilities, and 
 64.26  other variables affecting the environment; 
 64.27     (3) economic issues such as the various financial and 
 64.28  ownership arrangements currently or potentially used in the 
 64.29  industries, patterns of vertical integration, size, long-term 
 64.30  sustainability of various forms of ownership and production 
 64.31  methods, access to markets, current and anticipated financial 
 64.32  trends, effects of governmental policies, and comparative 
 64.33  economic impact of alternative means of production; and 
 64.34     (4) the roles of various units of government in regulation 
 64.35  of various aspects of feedlot operation including federal, 
 64.36  state, interstate bodies, counties, townships, soil conservation 
 65.1   districts, watershed districts, and others with planning, 
 65.2   zoning, or environmental responsibilities. 
 65.3      Subd. 3.  [EXPIRATION.] This section expires on June 30, 
 65.4   2001. 
 65.5      Sec. 87.  [DEADLINE FOR COMPLIANCE.] 
 65.6      The technology access standards required by section 27 must 
 65.7   be developed by January 1, 1999, and a requirement for 
 65.8   compliance with nonvisual access standards must be included in 
 65.9   all contracts covered by that section entered into after 
 65.10  December 31, 1998.  Compliance with section 27 in regard to 
 65.11  information and technology purchased before January 1, 1999, 
 65.12  must be achieved at the time of procurement of an upgrade or 
 65.13  replacement of the existing equipment or software.  
 65.14     Sec. 88.  [RULE EFFECTIVE DATE.] 
 65.15     Rules adopted after February 28, 1998, under Minnesota 
 65.16  Statutes, section 16B.165 or 216C.19, subdivision 8, or rules 
 65.17  changing the Minnesota Uniform Mechanical Code, may not take 
 65.18  effect before May 1, 1999. 
 65.19     Sec. 89.  [INSTRUCTION TO REVISOR.] 
 65.20     The revisor of statutes shall change the term "settlement 
 65.21  judge" to "compensation judge" wherever it appears in Minnesota 
 65.22  Statutes and Minnesota Rules. 
 65.23     Sec. 90.  [REPEALER.] 
 65.24     Minnesota Statutes 1996, section 3.971, subdivision 3; and 
 65.25  Minnesota Statutes 1997 Supplement, sections 16A.11, 
 65.26  subdivisions 3b and 3c; and 241.015, are repealed. 
 65.27     Sec. 91.  [EFFECTIVE DATE.] 
 65.28     This act is effective the day following final enactment, 
 65.29  except sections 17, 18, 25, 46, and 73 are effective July 1, 
 65.30  1998; sections 28 and 69 are effective January 4, 1999; and 
 65.31  section 79 is effective for increments distributed to an 
 65.32  authority or municipality after June 30, 1998.