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SF 3354

1st Unofficial Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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  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 the Debt Collection Act; requiring free 
  1.7             Internet access to certain state publications; 
  1.8             modifying the Administrative Procedure Act; creating 
  1.9             the construction codes advisory council; providing for 
  1.10            consumer education on telemarketing fraud; requiring 
  1.11            certain coverage and disclosure for durable medical 
  1.12            equipment; modifying lottery provisions; requiring 
  1.13            certain terms for a contract with a professional 
  1.14            baseball franchise; 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; 10A.071, subdivision 
  1.19            3; 10A.20, by adding a subdivision; 14.04; 14.46, 
  1.20            subdivision 4; 15.91, subdivision 2; 16A.055, 
  1.21            subdivision 6; 16A.10, as amended; 16A.11, subdivision 
  1.22            3, and by adding a subdivision; 16A.72; 16B.04, 
  1.23            subdivision 4; 16D.02, subdivision 3; 16D.04, 
  1.24            subdivisions 1 and 4; 16D.08, subdivision 2; 16D.11, 
  1.25            as amended; 16D.16; 17.03, subdivision 11; 43A.04, 
  1.26            subdivision 1a; 43A.17, subdivision 8; 43A.317, 
  1.27            subdivision 8; 45.012; 84.027, subdivision 14; 116.03, 
  1.28            subdivision 2a; 116J.011; 144.05, subdivision 2; 
  1.29            174.02, subdivision 1a; 175.001, subdivision 6; 
  1.30            179A.16, subdivisions 1, 3, 9, and by adding a 
  1.31            subdivision; 179A.18, subdivision 1; 190.09, 
  1.32            subdivision 2; 196.05, subdivision 2; 216A.07, 
  1.33            subdivision 6; 268.0122, subdivision 6; 270.02, 
  1.34            subdivision 3a; 299A.01, subdivision 1a; 349A.06, by 
  1.35            adding a subdivision; 349A.09, subdivision 2; 349A.10, 
  1.36            subdivision 3; 349A.11; 363.05, subdivision 3; and 
  1.37            469.177, subdivision 11; Minnesota Statutes 1997 
  1.38            Supplement, sections 16A.103, subdivision 1; 16A.11, 
  1.39            subdivision 1; 16E.07, subdivision 3; 43A.30, 
  1.40            subdivision 5; 120.0111; 241.01, subdivision 3b; 
  1.41            245.03, subdivision 2; and 270.063, subdivision 1; 
  1.42            Laws 1997, chapter 202, article 4, section 13, 
  1.43            subdivision 7; proposing coding for new law in 
  1.44            Minnesota Statutes, chapters 14; 16B; 16D; 62Q; 325G; 
  1.45            349A; and 473; repealing Minnesota Statutes 1996, 
  1.46            sections 3.971, subdivision 3; Minnesota Statutes 1997 
  2.1             Supplement, sections 16A.11, subdivision 3c; 241.015; 
  2.2             394.232, subdivision 5; and 572A.01. 
  2.3   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.4                              ARTICLE 1 
  2.5                    APPROPRIATIONS AND OPERATIONS 
  2.6   Section 1.  [STATE GOVERNMENT APPROPRIATIONS.] 
  2.7      The sums in the columns headed "APPROPRIATIONS" are 
  2.8   appropriated from the general fund, or another named fund, to 
  2.9   the agencies and for the purposes specified to be available for 
  2.10  the fiscal years indicated for each purpose. 
  2.11                          SUMMARY BY FUND
  2.12                                            1998           1999
  2.13  General                           $    2,215,000 $   30,758,000
  2.14  Special Revenue                           -0-            15,000
  2.15  Natural Resources                         -0-            25,000
  2.16  Game and Fish                             -0-            33,000
  2.17  Trunk Highway                             -0-            55,000
  2.18                                             APPROPRIATIONS 
  2.19                                         Available for the Year 
  2.20                                             Ending June 30 
  2.21                                            1998         1999 
  2.22  Sec. 2.  LEGISLATURE                                     25,000
  2.23  This appropriation is to the 
  2.24  legislative coordinating commission for 
  2.25  a grant to the Council of State 
  2.26  Governments to organize and fund a 
  2.27  series of meetings between members of 
  2.28  the Minnesota legislature and members 
  2.29  of the Manitoba and Ontario 
  2.30  parliaments.  Approximately six members 
  2.31  of each body may attend the meetings.  
  2.32  Meetings may involve all three bodies 
  2.33  or the legislature and one of the 
  2.34  parliaments.  The meetings shall be at 
  2.35  the capital cities of the state or of 
  2.36  the provinces. 
  2.37  The House of Representatives television 
  2.38  office shall log all citizen comments 
  2.39  received and shall distribute comments 
  2.40  originating from each member's district 
  2.41  to the appropriate House member within 
  2.42  one week after the comments are 
  2.43  received. 
  2.44  Sec. 3.  LEGISLATIVE AUDIT  
  2.45  COMMISSION                                                      
  2.46  The legislative audit commission is 
  2.47  requested to evaluate the 
  2.48  interpretation and enforcement of the 
  2.49  state building code by state and local 
  2.50  enforcement officials.  If conducted, 
  2.51  the evaluation shall pay particular 
  2.52  attention to:  (1) interpretation and 
  3.1   enforcement of the code as applied to 
  3.2   public buildings as compared to 
  3.3   interpretation and enforcement when 
  3.4   applied to privately-owned buildings; 
  3.5   and (2) the extent to which 
  3.6   interpretation and enforcement of the 
  3.7   code involves public safety concerns.  
  3.8   If conducted, the results of the 
  3.9   evaluation shall be reported to the 
  3.10  legislature by January 15, 1999. 
  3.11  Sec. 4.  ATTORNEY GENERAL                 -0-        24,000,000
  3.12  The commissioner of finance and the 
  3.13  attorney general shall convene a joint 
  3.14  executive-legislative task force to 
  3.15  evaluate: 
  3.16  (1) the availability of legal services 
  3.17  from the attorney general's office 
  3.18  necessary to meet the needs of state 
  3.19  government; 
  3.20  (2) the adequacy and suitability of the 
  3.21  current mechanism for funding legal 
  3.22  services; 
  3.23  (3) the appropriateness of billing 
  3.24  rates to cover the cost of legal 
  3.25  services; and 
  3.26  (4) the appropriateness of the current 
  3.27  process for setting billing rates. 
  3.28  In addition to representatives of the 
  3.29  commissioner and the attorney general, 
  3.30  the task force must include 
  3.31  representatives of partner and 
  3.32  nonpartner agencies receiving services 
  3.33  from the office of the attorney 
  3.34  general, legislative fiscal staff 
  3.35  representing committees responsible for 
  3.36  funding the office of the attorney 
  3.37  general, and the office of the 
  3.38  legislative auditor. 
  3.39  By November 15, 1998, the task force 
  3.40  shall report the progress and status of 
  3.41  its evaluation to the committees 
  3.42  responsible for funding the office of 
  3.43  the attorney general.  By January 15, 
  3.44  1999, the task force shall make a final 
  3.45  report to the committees responsible 
  3.46  for funding the office of the attorney 
  3.47  general.  The final report shall 
  3.48  identify proposed improvements in the 
  3.49  current funding system and make 
  3.50  recommendations to improve the 
  3.51  availability of legal services, the 
  3.52  funding of services, and the 
  3.53  accountability of legal costs by all 
  3.54  parties. 
  3.55  Sec. 5.  SECRETARY OF STATE               -0-           100,000
  3.56  This appropriation is to make necessary 
  3.57  changes to the statewide voter 
  3.58  registration system to facilitate 
  3.59  reassignment of voters to the correct 
  3.60  precinct and election districts 
  3.61  following legislative redistricting in 
  4.1   2002.  This appropriation is available 
  4.2   until June 30, 2000. 
  4.3   Sec. 6.  OFFICE OF STRATEGIC AND
  4.4   LONG-RANGE PLANNING                    1,215,000        305,000
  4.5   $15,000 is appropriated in fiscal year 
  4.6   1998 and $65,000 is appropriated in 
  4.7   fiscal year 1999 for census-related 
  4.8   activities. 
  4.9   $1,200,000 in fiscal year 1998 is for 
  4.10  purposes of section 69.  This 
  4.11  appropriation is available until June 
  4.12  30, 1999.  
  4.13  $240,000 in fiscal year 1999 is for 
  4.14  grants to regional development 
  4.15  commissions to assist local units of 
  4.16  government with the preparation of 
  4.17  local land use plans.  In regions not 
  4.18  served by an active regional 
  4.19  development commission, the director 
  4.20  may select another regional 
  4.21  organization.  
  4.22  Sec. 7.  DEPARTMENT OF
  4.23  ADMINISTRATION                            -0-         5,479,000
  4.24  $3,850,000 is appropriated in fiscal 
  4.25  year 1999 for modifications of state 
  4.26  business systems to address year 2000 
  4.27  changes.  $2,000,000 may be used only 
  4.28  for requests presented to the 
  4.29  legislature in 1997, but not funded.  
  4.30  $1,850,000 may be used only for the 
  4.31  department of finance, for abatements, 
  4.32  testing, interfaces, and small agency 
  4.33  requests.  This appropriation is 
  4.34  available only if the commissioner 
  4.35  first determines that there will be 
  4.36  third party or outside agency 
  4.37  compliance testing of each system 
  4.38  funded by this appropriation to verify 
  4.39  that agency information systems are 
  4.40  year 2000 capable.  This appropriation 
  4.41  may not be used to provide funding for 
  4.42  any system that is funded by a fund 
  4.43  other than the general fund.  This 
  4.44  appropriation is added to the 
  4.45  appropriation for technology management 
  4.46  in Laws 1997, chapter 202, article 1, 
  4.47  section 12, subdivision 7.  This 
  4.48  appropriation is available until 
  4.49  expended.  
  4.50  $150,000 is appropriated in fiscal year 
  4.51  1999 for the office of citizenship and 
  4.52  volunteer services for coordinating the 
  4.53  Minnesota alliance with youth 
  4.54  initiative. 
  4.55  $315,000 in fiscal year 1999 is for a 
  4.56  grant to Pioneer Public Television for 
  4.57  the construction of a noncommercial 
  4.58  television translator tower.  The 
  4.59  construction of this tower will 
  4.60  primarily enable the residents of Otter 
  4.61  Tail county to receive this 
  4.62  noncommercial television signal.  
  4.63  Before state funds are released for 
  5.1   this project, a license to operate this 
  5.2   facility must be granted by the Federal 
  5.3   Communications Commission.  In order to 
  5.4   qualify for this grant, Pioneer Public 
  5.5   Television must provide a match which 
  5.6   equals at least 25 percent of the total 
  5.7   project costs from nonstate government 
  5.8   sources. 
  5.9   $100,000 is for grants to the 
  5.10  Minneapolis park and recreation board 
  5.11  and the St. Paul park and recreation 
  5.12  department to provide public technology 
  5.13  access to children, adults, and 
  5.14  neighborhood groups to state, county, 
  5.15  city, and school district information 
  5.16  systems.  The funds shall be used to 
  5.17  connect 48 park facilities to the 
  5.18  city's network backbone and Internet 
  5.19  system by writing software, purchasing 
  5.20  and upgrading hardware, and installing 
  5.21  communication lines and servers.  The 
  5.22  funds are available only to the extent 
  5.23  they are matched one-to-one from 
  5.24  nonstate sources.  Upon receipt of a 
  5.25  grant, the Minneapolis park and 
  5.26  recreation board and the St. Paul park 
  5.27  and recreation department must apply 
  5.28  for federal matching funds for computer 
  5.29  and technology enhancement by units of 
  5.30  local government. 
  5.31  $500,000 is added to the department of 
  5.32  administration base for fiscal year 
  5.33  2000 only for grants to noncommercial 
  5.34  television stations to assist with 
  5.35  conversion to a digital broadcast 
  5.36  signal mandated by the federal 
  5.37  government.  In order to qualify for 
  5.38  these grants, a station must meet the 
  5.39  criterion established for grants in 
  5.40  Minnesota Statutes, section 129D.12, 
  5.41  subdivision 2. 
  5.42  $20,000 is for a portrait of Governor 
  5.43  Carlson. 
  5.44  $1,000,000 is for a payment to the 
  5.45  Minneapolis community development 
  5.46  agency in partial repayment of a 1986 
  5.47  loan made by the agency to the 
  5.48  Minneapolis park board to acquire 
  5.49  property for the central riverfront 
  5.50  regional park.  As a condition of 
  5.51  receiving this payment, the Minneapolis 
  5.52  community development agency must agree 
  5.53  that the payment will serve as full 
  5.54  satisfaction and accord for the 1986 
  5.55  loan, and that this will be the final 
  5.56  payment made by the state. 
  5.57  No state agency shall adopt any rules 
  5.58  with regard to codes or standards for 
  5.59  heating, cooling, refrigeration, 
  5.60  ventilation, piping, or appurtenances; 
  5.61  installation or maintenance, without 
  5.62  the substantial agreement and consensus 
  5.63  of the Minnesota chapter of I.A.P.M.O.; 
  5.64  Minnesota Mechanical Contractors 
  5.65  Association; Minnesota Association of 
  5.66  Plumbing, Heating and Cooling 
  6.1   Contracts; Sheet Metal, Air 
  6.2   Conditioning, and Roofing Contractors 
  6.3   Association of Minnesota. 
  6.4   $44,000 is for costs associated with 
  6.5   making the State Register and the 
  6.6   guidebook to state agency services 
  6.7   available on the Internet.  The 
  6.8   management analysis division of the 
  6.9   department of administration must 
  6.10  analyze the financial impacts of making 
  6.11  the State Register and the guidebook to 
  6.12  state agency services available on the 
  6.13  Internet on the department's bookstore 
  6.14  operation.  The division must report 
  6.15  its preliminary findings to the chairs 
  6.16  of the house and senate governmental 
  6.17  operations budget and finance divisions 
  6.18  by January 15, 1999.  A complete 
  6.19  analysis of fiscal impacts must be 
  6.20  submitted to these chairs by January 
  6.21  15, 2000. 
  6.22  The commissioner shall place a bust of 
  6.23  Nellie Stone Johnson in the capitol 
  6.24  complex. 
  6.25  Sec. 8.  CAPITOL AREA ARCHITECTURAL 
  6.26  AND PLANNING BOARD                                     150,000
  6.27  This appropriation is for the Minnesota 
  6.28  women's suffrage memorial garden on the 
  6.29  capitol grounds.  This appropriation is 
  6.30  available until June 30, 1999. 
  6.31  Sec. 9.  DEPARTMENT OF EMPLOYEE 
  6.32  RELATIONS                              1,000,000         -0-   
  6.33  $1,000,000 is for fiscal year 1998 for 
  6.34  transfer to the insurance trust fund 
  6.35  under Minnesota Statutes, section 
  6.36  43A.316, subdivision 9, for the 
  6.37  purposes stated in that subdivision.  
  6.38  The commissioner of the department of 
  6.39  employee relations shall study and 
  6.40  report to the legislature by August 1, 
  6.41  1999, to:  (1) determine what temporary 
  6.42  state jobs occupied by disabled 
  6.43  individuals are filled by able-bodied 
  6.44  individuals when the jobs become 
  6.45  permanent; (2) examine whether state 
  6.46  agencies are in compliance with state 
  6.47  and federal law in hiring qualified 
  6.48  disabled individuals; and (3) recommend 
  6.49  any assistance state agencies may need 
  6.50  to comply with applicable laws.  
  6.51  Sec. 10.  REVENUE                                       731,000 
  6.52  This appropriation is added to the 
  6.53  appropriation in Laws 1997, chapter 
  6.54  202, article 1, section 17, subdivision 
  6.55  8, and must be used for information 
  6.56  systems and to expand the Minnesota 
  6.57  collection enterprise office staff in 
  6.58  Ely.  The legislature estimates that 
  6.59  this appropriation will result in 
  6.60  increased revenue to the general fund 
  6.61  of $900,000 in fiscal year 1999. 
  7.1   Sec. 11.  AMATEUR SPORTS COMMISSION                     536,000  
  7.2   $136,000 is for a grant to the Iron 
  7.3   Range resources and rehabilitation 
  7.4   board to expand the facilities at Mt. 
  7.5   Itasca ski area. 
  7.6   $100,000 is for a grant to the United 
  7.7   States Olympic Committee's Minnesota 
  7.8   Olympic development program to fund 
  7.9   development of a statewide winter 
  7.10  sports program for females and at-risk 
  7.11  youth. 
  7.12  $300,000 is for a grant to the city of 
  7.13  Gilbert for costs associated with 
  7.14  refurbishing of an ice arena, provided 
  7.15  that a dollar-for-dollar match is 
  7.16  provided by the city of Gilbert. 
  7.17  Sec. 12.  MILITARY AFFAIRS                              125,000 
  7.18  This appropriation is for expanded 
  7.19  outreach of the Science and Technology 
  7.20  Academies Reinforcing Basic Aviation 
  7.21  and Space Exploration (STARBASE) 
  7.22  program, including a program at the 
  7.23  Duluth air base. 
  7.24  Sec. 13.  MINNEAPOLIS EMPLOYEES RETIREMENT FUND      (1,000,000)
  7.25  The scheduled state payment to the 
  7.26  Minneapolis employees retirement fund 
  7.27  on March 15, 1999, is reduced from 
  7.28  $2,250,000 to $1,250,000.  If the 
  7.29  actuarial valuation as of July 1, 1998, 
  7.30  of the Minneapolis employees retirement 
  7.31  fund does not result in a reduction of 
  7.32  total required employer contributions 
  7.33  of greater than $1,000,000 for calendar 
  7.34  year 1999, the required employer 
  7.35  contributions for employers other than 
  7.36  the state of Minnesota will not be 
  7.37  increased above the amounts those 
  7.38  employers contributed in calendar year 
  7.39  1998.  If the July 1, 1998, actuarial 
  7.40  valuation of the Minneapolis employees 
  7.41  retirement fund does not result in a 
  7.42  reduction of total employer 
  7.43  contribution of greater than 
  7.44  $1,000,000, the Minneapolis employees 
  7.45  retirement fund must report to the 
  7.46  commissioner of finance and the chairs 
  7.47  of the Senate state government finance 
  7.48  committee and the House state 
  7.49  government finance division on the 
  7.50  effect of the underfunding and the 
  7.51  amounts needed to correct any 
  7.52  deficiency. 
  7.53  Sec. 14.  INSURANCE PREMIUM
  7.54  SUPPLEMENT                                -0-           435,000
  7.55                          SUMMARY BY FUND
  7.56  General                 -0-           307,000
  7.57  Water Recreation        -0-            23,000
  7.58  Snowmobile Trails and
  7.59  Enforcement             -0-             2,000
  8.1   Special Revenue         -0-            15,000
  8.2   Game and Fish           -0-            33,000
  8.3   Trunk Highway           -0-            55,000
  8.4   The amounts appropriated are to the 
  8.5   commissioner of finance for the second 
  8.6   year of the biennium for transfer to 
  8.7   agencies affected by cost increases due 
  8.8   to the extension of eligibility for 
  8.9   employer-paid premiums for health, 
  8.10  dental, and life insurance to part-time 
  8.11  seasonal employees as provided in 
  8.12  collective bargaining agreements for 
  8.13  the current biennium. 
  8.14  The schedule provided in the 1998 
  8.15  supplemental budget recommendation 
  8.16  detail page supporting the governor's 
  8.17  request for these appropriations must 
  8.18  be applied when determining base-level 
  8.19  funding of affected agencies for the 
  8.20  biennium ending June 30, 2001.  
  8.21  Sec. 15.  HUMAN SERVICES                                750,000 
  8.22  From the Minnesota lottery prize fund 
  8.23  to be used for Project Turnabout in 
  8.24  Granite Falls.  This appropriation 
  8.25  shall not become part of the base 
  8.26  appropriation for the 2000-2001 
  8.27  biennium. 
  8.28     Sec. 16.  Minnesota Statutes 1996, section 3.3005, 
  8.29  subdivision 2, is amended to read: 
  8.30     Subd. 2.  A state agency shall not expend money received by 
  8.31  it under federal law for any purpose unless a request to spend 
  8.32  federal money from that source for that purpose in that fiscal 
  8.33  year has been submitted by the governor to the legislature as a 
  8.34  part of a budget request submitted during or within ten days 
  8.35  before the start of a regular legislative session, or unless 
  8.36  specifically authorized by law or as provided by this section.  
  8.37     Sec. 17.  Minnesota Statutes 1996, section 3.3005, is 
  8.38  amended by adding a subdivision to read: 
  8.39     Subd. 2a.  [REVIEW OF FEDERAL FUNDS SPENDING 
  8.40  REQUEST.] Twenty days after a governor's budget request that 
  8.41  includes a request to spend federal money is submitted to the 
  8.42  legislature under subdivision 2, a state agency may expend money 
  8.43  included in that request unless, within the 20-day period, a 
  8.44  member of the legislative advisory commission requests further 
  8.45  review.  If a legislative advisory commission member requests 
  9.1   further review of a federal funds spending request, the agency 
  9.2   may not expend the federal funds until the request has been 
  9.3   satisfied and withdrawn, the expenditure is approved in law, or 
  9.4   the regular session of the legislature is adjourned for the year.
  9.5      Sec. 18.  Minnesota Statutes 1996, section 4.07, 
  9.6   subdivision 3, is amended to read: 
  9.7      Subd. 3.  [FEDERAL AND STATE LAW; APPROPRIATION OF FUNDS.] 
  9.8   The governor or any state department or agency designated by the 
  9.9   governor shall comply with any and all requirements of federal 
  9.10  law and any rules and regulations promulgated thereunder to 
  9.11  enable the application for, the receipt of, and the acceptance 
  9.12  of such federal funds.  The expenditure of any such funds 
  9.13  received shall be governed by the laws of the state except 
  9.14  insofar as federal requirements may otherwise provide.  All such 
  9.15  money received by the governor or any state department or agency 
  9.16  designated by the governor for such purpose shall be deposited 
  9.17  in the state treasury and, subject to section 3.3005, are hereby 
  9.18  appropriated annually in order to enable the governor or the 
  9.19  state department or agency designated by the governor for such 
  9.20  purpose to carry out the purposes for which the funds are 
  9.21  received.  None of such federal money so deposited in the state 
  9.22  treasury shall cancel and they shall be available for 
  9.23  expenditure in accordance with the requirements of federal law.  
  9.24     Sec. 19.  Minnesota Statutes 1996, section 10A.071, 
  9.25  subdivision 3, is amended to read: 
  9.26     Subd. 3.  [EXCEPTIONS.] (a) The prohibitions in this 
  9.27  section do not apply if the gift is: 
  9.28     (1) a contribution as defined in section 10A.01, 
  9.29  subdivision 7; 
  9.30     (2) services to assist an official in the performance of 
  9.31  official duties, including but not limited to providing advice, 
  9.32  consultation, information, and communication in connection with 
  9.33  legislation, and services to constituents; 
  9.34     (3) services of insignificant monetary value; 
  9.35     (4) a plaque or similar memento recognizing individual 
  9.36  services in a field of specialty or to a charitable cause; 
 10.1      (5) a trinket or memento of insignificant value; 
 10.2      (6) informational material of unexceptional value; or 
 10.3      (7) food or a beverage given at a reception, meal, or 
 10.4   meeting away from the recipient's place of work by an 
 10.5   organization before whom the recipient appears to make a speech 
 10.6   or answer questions as part of a program; or 
 10.7      (8) less than $5 in value. 
 10.8      (b) The prohibitions in this section do not apply if the 
 10.9   gift is given: 
 10.10     (1) because of the recipient's membership in a group, a 
 10.11  majority of whose members are not officials, and an equivalent 
 10.12  gift is given to the other members of the group; or 
 10.13     (2) by a lobbyist or principal who is a member of the 
 10.14  family of the recipient, unless the gift is given on behalf of 
 10.15  someone who is not a member of that family. 
 10.16     Sec. 20.  Minnesota Statutes 1996, section 10A.20, is 
 10.17  amended by adding a subdivision to read: 
 10.18     Subd. 15.  [AVAILABILITY.] The board shall make all reports 
 10.19  required under this section available on the Internet as soon as 
 10.20  possible after the reports are filed.  The board may not require 
 10.21  additional reporting as a result of this subdivision.  The board 
 10.22  must provide this service with funds appropriated to it and may 
 10.23  not increase fees as a result of this subdivision. 
 10.24     Sec. 21.  Minnesota Statutes 1996, section 14.04, is 
 10.25  amended to read: 
 10.26     14.04 [AGENCY ORGANIZATION; GUIDEBOOK.] 
 10.27     To assist interested persons dealing with it, each agency 
 10.28  shall must, in a manner prescribed by the commissioner of 
 10.29  administration, prepare a description of its organization, 
 10.30  stating the general course and method of its operations and 
 10.31  where and how the public may obtain information or make 
 10.32  submissions or requests.  The commissioner of administration 
 10.33  shall must publish these descriptions at least once every four 
 10.34  years commencing in 1981 in a guidebook of state agencies.  
 10.35  Notice of the publication of the guidebook shall must be 
 10.36  published in the State Register and given in newsletters, 
 11.1   newspapers, or other publications, or through other means of 
 11.2   communication.  The commissioner must make an electronic version 
 11.3   of the guidebook available on the Internet free of charge 
 11.4   through the North Star information service. 
 11.5      Sec. 22.  [14.095] [HEARING ON PETITION.] 
 11.6      Within 90 days of a petition filed by a local government 
 11.7   pursuant to section 14.09, the administrative law judge assigned 
 11.8   by the chief administrative law judge shall conduct a hearing on 
 11.9   the petition.  The agency shall give notice of the hearing in 
 11.10  the same manner required for notice of a proposed rule hearing 
 11.11  under section 14.14, subdivision 1a.  At the public hearing, the 
 11.12  agency shall make an affirmative presentation of facts 
 11.13  establishing the need for and reasonableness of the agency rule 
 11.14  or portion of the rule that is the subject of the petition.  If 
 11.15  the administrative law judge determines that the agency has not 
 11.16  established the need for and reasonableness of the rule or some 
 11.17  portion of the rule, the rule or portion for which the agency 
 11.18  has not established need and reasonableness does not have the 
 11.19  force of law, effective 90 days after the administrative law 
 11.20  judge's decision or upon adjournment of the next regular annual 
 11.21  session of the legislature, whichever is later.  The decision of 
 11.22  the administrative law judge shall be reported within 30 days to 
 11.23  the chairs of the house and senate government operations 
 11.24  committees and the house and senate policy committees with 
 11.25  jurisdiction over the agency whose rule is the subject of the 
 11.26  petition.  No petition may be filed under this section after 
 11.27  July 1, 1999.  
 11.28     Sec. 23.  Minnesota Statutes 1996, section 14.46, 
 11.29  subdivision 4, is amended to read: 
 11.30     Subd. 4.  [COST; DISTRIBUTION.] When an agency properly 
 11.31  submits a rule, proposed rule, notice, or other material to the 
 11.32  commissioner of administration, the commissioner shall must then 
 11.33  be accountable for the publication of the same in the State 
 11.34  Register.  The commissioner of administration shall must require 
 11.35  each agency which requests the publication of rules, proposed 
 11.36  rules, notices, or other material in the State Register to pay 
 12.1   its proportionate cost of the State Register unless other funds 
 12.2   are provided and are sufficient to cover the cost of the State 
 12.3   Register. 
 12.4      The State Register shall must be offered for public sale at 
 12.5   a location centrally located as determined by the commissioner 
 12.6   of administration and at a price as the commissioner of 
 12.7   administration shall determine determines.  The commissioner of 
 12.8   administration shall must further provide for the mailing of the 
 12.9   State Register to any person, agency, or organization if so 
 12.10  requested, provided that reasonable costs are borne by the 
 12.11  requesting party.  The supply and expense appropriation to any 
 12.12  state agency is deemed to include funds to purchase the State 
 12.13  Register.  Ten copies of each issue of the State Register, 
 12.14  however, shall must be provided without cost to the legislative 
 12.15  reference library and ten copies to the state law library.  One 
 12.16  copy shall must be provided without cost to a public library in 
 12.17  each county seat in the state or, if there is no public library 
 12.18  in a county seat, to a public library in the county as 
 12.19  designated by the county board.  The commissioner shall must 
 12.20  advise the recipient libraries of the significance and content 
 12.21  of the State Register and shall encourage efforts to promote its 
 12.22  usage. 
 12.23     The commissioner must make an electronic version of the 
 12.24  State Register available on the Internet free of charge through 
 12.25  the North Star information service. 
 12.26     Sec. 24.  Minnesota Statutes 1996, section 15.91, 
 12.27  subdivision 2, is amended to read: 
 12.28     Subd. 2.  [PERFORMANCE REPORTS.] By November 30 January 2 
 12.29  of each even-numbered odd-numbered year, each agency shall issue 
 12.30  a performance report that includes the following: 
 12.31     (1) the agency's mission; 
 12.32     (2) the most important goals and objectives for each major 
 12.33  program for which the agency will request funding in its next 
 12.34  biennial budget; 
 12.35     (3) identification of the populations served by the 
 12.36  programs that support the agency's mission; and 
 13.1      (4) workload, efficiency, output, and outcome 
 13.2      (3) the most important measures for each program goals and 
 13.3   objectives listed in the report, with data showing each 
 13.4   programs' actual performance relative to these measures for the 
 13.5   previous four fiscal years and the performance the agency 
 13.6   projects it will achieve during the next two fiscal years with 
 13.7   the level of funding it has requested. 
 13.8      If it would enhance an understanding of its mission, 
 13.9   programs, and performance, the agency shall include in its 
 13.10  report information that describes the broader economic, social, 
 13.11  and physical environment in which the agency's programs are 
 13.12  administered. 
 13.13     Each agency shall send a copy of its performance report to 
 13.14  the speaker of the house, president of the senate, legislative 
 13.15  auditor, and legislative reference library, and provide a copy 
 13.16  to others upon request. 
 13.17     The commissioner of finance shall ensure that performance 
 13.18  reports are complete, succinct, accurate, and reliable and 
 13.19  compiled in such a way that they are useful to the public, 
 13.20  legislators, and managers in state government.  To maintain a 
 13.21  computerized performance data system, the commissioner of 
 13.22  finance may require agencies to provide performance data 
 13.23  annually. 
 13.24     The legislative auditor shall periodically review and 
 13.25  comment on selected performance reports as provided for by 
 13.26  section 3.971, subdivision 3. 
 13.27     Sec. 25.  Minnesota Statutes 1996, section 16A.10, as 
 13.28  amended by Laws 1997, chapter 202, article 2, section 12, is 
 13.29  amended to read: 
 13.30     16A.10 [BUDGET PREPARATION.] 
 13.31     Subdivision 1.  [BUDGET FORMAT.] In each even-numbered 
 13.32  calendar year the commissioner shall prepare budget forms and 
 13.33  instructions for all agencies, including guidelines for 
 13.34  reporting program performance measures, subject to the approval 
 13.35  of the governor.  The commissioner shall request and receive 
 13.36  advisory recommendations from the chairs of the senate finance 
 14.1   committee and house of representatives ways and means committee 
 14.2   before adopting a format for the biennial budget document.  By 
 14.3   June 15, the commissioner shall send the proposed budget forms 
 14.4   to the appropriations and finance committees.  The committees 
 14.5   have until July 15 to give the commissioner their advisory 
 14.6   recommendations on possible improvements.  To facilitate this 
 14.7   consultation, the commissioner shall establish a working group 
 14.8   consisting of executive branch staff and designees of the chairs 
 14.9   of the senate finance and house of representatives ways and 
 14.10  means committees.  The commissioner must involve this group in 
 14.11  all stages of development of budget forms and instructions.  The 
 14.12  budget format must show actual expenditures and receipts for the 
 14.13  two most recent fiscal years, estimated expenditures and 
 14.14  receipts for the current fiscal year, and estimates for each 
 14.15  fiscal year of the next biennium.  Estimated expenditures must 
 14.16  be classified by funds and character of expenditures and may be 
 14.17  subclassified by programs and activities.  Agency revenue 
 14.18  estimates must show how the estimates were made and what factors 
 14.19  were used.  Receipts must be classified by funds, programs, and 
 14.20  activities.  Expenditure and revenue estimates must be based on 
 14.21  the law in existence at the time the estimates are prepared. 
 14.22     Subd. 1a.  [PURPOSE OF PERFORMANCE DATA.] Performance data 
 14.23  shall be presented in the budget proposal to provide information 
 14.24  so that the legislature can determine the extent to which state 
 14.25  programs are successful in meeting goals and objectives.  
 14.26  Agencies shall present as much historical information as needed 
 14.27  to understand major trends and shall set targets for future 
 14.28  performance issues where feasible and appropriate.  The 
 14.29  information shall appropriately highlight agency performance 
 14.30  issues that would assist legislative review and decision making. 
 14.31     Subd. 2.  [BY OCTOBER 15 AND NOVEMBER 30.] By October 15 of 
 14.32  each even-numbered year, an agency must file the following with 
 14.33  the commissioner:  
 14.34     (1) budget estimates for the most recent and current fiscal 
 14.35  years; 
 14.36     (2) its upcoming biennial budget estimates; 
 15.1      (3) a comprehensive and integrated statement of agency 
 15.2   missions and outcome and performance measures; and 
 15.3      (4) a concise explanation of any planned changes in the 
 15.4   level of services or new activities. 
 15.5      The commissioner shall prepare and file the budget 
 15.6   estimates for an agency failing to file them.  By November 30, 
 15.7   the commissioner shall send the final budget format, agency 
 15.8   budget plans or requests estimates for the next biennium, and 
 15.9   copies of the filed material to the ways and means and finance 
 15.10  committees, except that the commissioner shall not be required 
 15.11  to transmit information that identifies executive branch budget 
 15.12  decision items.  At this time, a list of each employee's name, 
 15.13  title, and salary must be available to the legislature, either 
 15.14  on paper or through electronic retrieval. 
 15.15     Subd. 3.  [DUTIES TO GOVERNOR-ELECT.] Immediately after the 
 15.16  election of a new governor, the commissioner shall report the 
 15.17  budget estimates and make available to the governor-elect all 
 15.18  department information, staff, and facilities relating to the 
 15.19  budget. 
 15.20     Sec. 26.  Minnesota Statutes 1997 Supplement, section 
 15.21  16A.103, subdivision 1, is amended to read: 
 15.22     Subdivision 1.  [STATE REVENUE AND EXPENDITURES.] In 
 15.23  February and November each year, the commissioner shall prepare 
 15.24  and deliver to the governor and legislature a forecast of state 
 15.25  revenue and expenditures.  The November forecast must be 
 15.26  delivered to the legislature and governor no later than the end 
 15.27  of the first week of December.  The February forecast must be 
 15.28  delivered to the legislature and governor by the end of 
 15.29  February.  The forecast must assume the continuation of current 
 15.30  laws and reasonable estimates of projected growth in the 
 15.31  national and state economies and affected populations.  Revenue 
 15.32  must be estimated for all sources provided for in current law.  
 15.33  Expenditures must be estimated for all obligations imposed by 
 15.34  law and those projected to occur as a result of inflation and 
 15.35  variables outside the control of the legislature.  In 
 15.36  determining the rate of inflation, the application of inflation, 
 16.1   and the other variables to be included in the expenditure part 
 16.2   of the forecast, the commissioner must consult with the chair of 
 16.3   the senate state government finance committee, the chair of the 
 16.4   house committee on ways and means, and house and senate fiscal 
 16.5   staff.  In addition, the commissioner shall forecast Minnesota 
 16.6   personal income for each of the years covered by the forecast 
 16.7   and include these estimates in the forecast documents.  A 
 16.8   forecast prepared during the first fiscal year of a biennium 
 16.9   must cover that biennium and the next biennium.  A forecast 
 16.10  prepared during the second fiscal year of a biennium must cover 
 16.11  that biennium and the next two bienniums. 
 16.12     Sec. 27.  Minnesota Statutes 1997 Supplement, section 
 16.13  16A.11, subdivision 1, is amended to read: 
 16.14     Subdivision 1.  [WHEN.] The governor shall submit a 
 16.15  four-part three-part budget to the legislature.  Parts one and 
 16.16  two, the budget message and detailed operating budget, must be 
 16.17  submitted by the fourth Tuesday in January in each odd-numbered 
 16.18  year.  However, in a year following the election of a governor 
 16.19  who had not been governor the previous year, parts one and two 
 16.20  must be submitted by the third Tuesday in February.  Part three, 
 16.21  the detailed recommendations as to capital expenditure, must be 
 16.22  submitted as follows:  agency capital budget requests by July 1 
 16.23  of each odd-numbered year, and governor's recommendations by 
 16.24  January 15 of each even-numbered year.  Part four, the Detailed 
 16.25  recommendations as to information technology expenditure, must 
 16.26  be submitted at the same time the governor submits the budget 
 16.27  message to the legislature.  Information technology 
 16.28  recommendations must include projects to be funded during the 
 16.29  next biennium and planning estimates for an additional two 
 16.30  bienniums.  Information technology recommendations must specify 
 16.31  purposes of the funding such as infrastructure, hardware, 
 16.32  software, or training.  
 16.33     Sec. 28.  Minnesota Statutes 1996, section 16A.11, 
 16.34  subdivision 3, is amended to read: 
 16.35     Subd. 3.  [PART TWO:  DETAILED BUDGET.] Part two of the 
 16.36  budget, the detailed budget estimates both of expenditures and 
 17.1   revenues, shall must contain any statements on the financial 
 17.2   plan which the governor believes desirable or which may be 
 17.3   required by the legislature.  Part of the budget must be 
 17.4   prepared using performance-based budgeting concepts.  In this 
 17.5   subdivision, "performance-based budgeting" means a budget system 
 17.6   that identifies agency outcomes and results and provides 
 17.7   comprehensive information regarding actual and proposed changes 
 17.8   in funding and outcomes.  The detailed estimates shall include 
 17.9   the governor's budget plan of each agency arranged in tabular 
 17.10  form so it may readily be compared with the governor's budget 
 17.11  for each agency.  The detailed estimates must include a separate 
 17.12  line listing the total number of professional or technical 
 17.13  service contracts and the total cost of those contracts for the 
 17.14  prior biennium and the projected number of professional or 
 17.15  technical service contracts and the projected costs of those 
 17.16  contracts for the current and upcoming biennium.  They shall 
 17.17  must also include, as part of each agency's organization chart, 
 17.18  a summary of the personnel employed by the agency, showing the 
 17.19  reflected as full-time equivalent positions for the current 
 17.20  biennium, and the number of full-time equivalent employees of 
 17.21  all kinds employed by the agency on June 30 of the last complete 
 17.22  fiscal year, and the number of professional or technical service 
 17.23  consultants for the current biennium. 
 17.24     Sec. 29.  Minnesota Statutes 1996, section 16A.11, is 
 17.25  amended by adding a subdivision to read: 
 17.26     Subd. 3a.  [AGENCY BUDGET REQUESTS.] After the governor's 
 17.27  budget is presented to the legislature, agencies, if requested, 
 17.28  must provide information to the legislature about budget 
 17.29  requests that have originated in the agency. 
 17.30     Sec. 30.  Minnesota Statutes 1996, section 16A.72, is 
 17.31  amended to read: 
 17.32     16A.72 [INCOME CREDITED TO GENERAL FUND; EXCEPTIONS.] 
 17.33     All income, including fees or receipts of any nature, shall 
 17.34  be credited to the general fund, except:  
 17.35     (1) federal aid; 
 17.36     (2) contributions, or reimbursements received for any 
 18.1   account of any division or department for which an appropriation 
 18.2   is made by law; 
 18.3      (3) income to the University of Minnesota; 
 18.4      (4) income to revolving funds now established in 
 18.5   institutions under the control of the commissioners of 
 18.6   corrections or human services; 
 18.7      (5) investment earnings resulting from the master lease 
 18.8   program, except that the amount credited to another fund or 
 18.9   account may not exceed the amount of the additional expense 
 18.10  incurred by that fund or account through participation in the 
 18.11  master lease program; 
 18.12     (6) investment earnings resulting from any gift, donation, 
 18.13  device, endowment, trust, or court-ordered or court-approved 
 18.14  escrow account or trust fund, which should be credited to the 
 18.15  fund or account and appropriated for the purpose for which they 
 18.16  were received; 
 18.17     (7) receipts from the operation of patients' and inmates' 
 18.18  stores and vending machines, which shall be deposited in the 
 18.19  social welfare fund in each institution for the benefit of the 
 18.20  patients and inmates; 
 18.21     (7) (8) money received in payment for services of inmate 
 18.22  labor employed in the industries carried on in the state 
 18.23  correctional facilities which receipts shall be credited to the 
 18.24  current expense fund of those facilities; 
 18.25     (8) (9) as provided in sections 16B.57 and 85.22; 
 18.26     (9) (10) income to the Minnesota historical society; 
 18.27     (10) (11) the percent of income collected by a private 
 18.28  collection agency and retained by the collection agency as its 
 18.29  collection fee; or 
 18.30     (11) (12) as otherwise provided by law. 
 18.31     Sec. 31.  [16B.104] [PROCUREMENT REQUIREMENTS.] 
 18.32     (a) Technology access standards must be developed by the 
 18.33  commissioner, in consultation with the office of technology, and 
 18.34  must require compliance with nonvisual access standards 
 18.35  established by the state.  The requirement must be included in 
 18.36  all contracts for the procurement of information technology by, 
 19.1   or for the use of, agencies, political subdivisions, the 
 19.2   University of Minnesota, and the Minnesota state colleges and 
 19.3   universities. 
 19.4      (b) The nonvisual access standards must include the 
 19.5   following minimum specifications: 
 19.6      (1) effective, interactive control and use of the 
 19.7   technology, including the operating system, applications 
 19.8   programs, prompts, and format of the data presented, must be 
 19.9   readily achievable by nonvisual means; 
 19.10     (2) the nonvisual access technology must be compatible with 
 19.11  information technology used by other individuals with whom the 
 19.12  blind or visually impaired individual must interact; 
 19.13     (3) nonvisual access technology must be integrated into 
 19.14  networks used to share communications among employees, program 
 19.15  participants, and the public; and 
 19.16     (4) the nonvisual access technology must have the 
 19.17  capability of providing equivalent access by nonvisual means to 
 19.18  telecommunications or other interconnected network services used 
 19.19  by persons who are not blind or visually impaired. 
 19.20     (c) Nothing in this section requires the installation of 
 19.21  software or peripheral devices used for nonvisual access when 
 19.22  the information technology is being used by individuals who are 
 19.23  not blind or visually impaired. 
 19.24     (d) Compliance with this section in regard to information 
 19.25  technology purchased prior to August 1, 1998, must be achieved 
 19.26  at the time of procurement of an upgrade or replacement of the 
 19.27  existing equipment or software.  
 19.28     Sec. 32.  [16B.76] [CONSTRUCTION CODES ADVISORY COUNCIL.] 
 19.29     Subdivision 1.  [MEMBERSHIP.] (a) The construction codes 
 19.30  advisory council consists of the following members: 
 19.31     (1) the commissioner of administration or the 
 19.32  commissioner's designee representing the department's building 
 19.33  codes and standards division; 
 19.34     (2) the commissioner of health or the commissioner's 
 19.35  designee representing an environmental health section of the 
 19.36  department; 
 20.1      (3) the commissioner of public safety or the commissioner's 
 20.2   designee representing the department's state fire marshal 
 20.3   division; 
 20.4      (4) the commissioner of public service or the 
 20.5   commissioner's designee representing the department's energy 
 20.6   division; 
 20.7      (5) two members representing the Minnesota Building 
 20.8   Officials, one of whom must reside outside the metropolitan 
 20.9   area, as defined in section 473.121, subdivision 2, appointed by 
 20.10  the commissioner of administration; and 
 20.11     (6) one member representing each of the following 
 20.12  organizations and appointed by the commissioner of 
 20.13  administration: 
 20.14     (i) Fire Marshal's Association of Minnesota; 
 20.15     (ii) Minnesota State Fire Chiefs Association; 
 20.16     (iii) American Institute of Architects Minnesota; 
 20.17     (iv) Consulting Engineers Council of Minnesota; 
 20.18     (v) Building Owners and Managers Association; 
 20.19     (vi) Builders Association of Minnesota; 
 20.20     (vii) Associated General Contractors of Minnesota; 
 20.21     (viii) Associated Builders and Contractors of Minnesota, 
 20.22  Inc.; 
 20.23     (ix) Minnesota Association of Plumbing, Heating, and 
 20.24  Cooling Contractors; 
 20.25     (x) Minnesota Mechanical Contractors Association; 
 20.26     (xi) League of Minnesota Cities; 
 20.27     (xii) Sheet Metal, Air Conditioning, and Roofing 
 20.28  Contractors; 
 20.29     (xiii) Minnesota Electrical Association; 
 20.30     (xiv) Minnesota Utility Contractors Association; 
 20.31     (xv) National Electrical Contractors Association; and 
 20.32     (xvi) Building and Construction Trades. 
 20.33     (b) For members who are not state officials or employees, 
 20.34  terms, compensation, removal, and the filling of vacancies are 
 20.35  governed by section 15.059.  The council shall select one of its 
 20.36  members to serve as chair. 
 21.1      (c) The council expires June 30, 2001. 
 21.2      Subd. 2.  [DUTIES OF THE COUNCIL.] (a) The council shall 
 21.3   review laws, codes, rules, standards, and licensing requirements 
 21.4   relating to building construction and may: 
 21.5      (1) recommend ways to eliminate inconsistencies, to 
 21.6   streamline construction regulation and construction processes, 
 21.7   and to improve procedures within and among jurisdictions; 
 21.8      (2) review and comment on current and proposed laws and 
 21.9   rules to promote coordination and consistency; 
 21.10     (3) advise agencies on possible changes in rules to make 
 21.11  them easier to understand and apply; and 
 21.12     (4) promote the coordination, within each jurisdiction, of 
 21.13  the administration and enforcement of construction codes. 
 21.14     (b) The council shall report its findings and 
 21.15  recommendations to the commissioner of administration and the 
 21.16  head of any other affected agency by the end of each calendar 
 21.17  year.  The council may recommend changes in laws or rules 
 21.18  governing building construction.  The council may establish 
 21.19  subcommittees to facilitate its work. 
 21.20     Subd. 3.  [AGENCY COOPERATION.] State agencies and local 
 21.21  governmental units shall cooperate with the council and, so far 
 21.22  as possible, provide information or assistance to it upon its 
 21.23  request.  The commissioner of administration shall provide 
 21.24  necessary staff and administrative support to the council.  
 21.25     Sec. 33.  Minnesota Statutes 1996, section 16D.02, 
 21.26  subdivision 3, is amended to read: 
 21.27     Subd. 3.  [DEBT.] "Debt" means an amount owed to the state 
 21.28  directly, or through a state agency, on account of a fee, duty, 
 21.29  lease, direct loan, loan insured or guaranteed by the state, 
 21.30  rent, service, sale of real or personal property, overpayment, 
 21.31  fine, assessment, penalty, restitution, damages, interest, tax, 
 21.32  bail bond, forfeiture, reimbursement, liability owed, an 
 21.33  assignment to the state including assignments under sections 
 21.34  256.72 to 256.87, the Social Security Act, or other state or 
 21.35  federal law, recovery of costs incurred by the state, or any 
 21.36  other source of indebtedness to the state.  Debt also includes 
 22.1   amounts owed to individuals as a result of civil, criminal, or 
 22.2   administrative action brought by the state or a state agency 
 22.3   pursuant to its statutory authority or for which the state or 
 22.4   state agency acts in a fiduciary capacity in providing 
 22.5   collection services in accordance with the regulations adopted 
 22.6   under the Social Security Act at Code of Federal Regulations, 
 22.7   title 45, section 302.33.  Debt also includes an amount owed to 
 22.8   the courts or University of Minnesota for which the commissioner 
 22.9   provides collection services pursuant to contract. 
 22.10     Sec. 34.  Minnesota Statutes 1996, section 16D.04, 
 22.11  subdivision 1, is amended to read: 
 22.12     Subdivision 1.  [DUTIES.] The commissioner shall provide 
 22.13  services to the state and its agencies to collect debts owed the 
 22.14  state.  The commissioner is not a collection agency as defined 
 22.15  by section 332.31, subdivision 3, and is not licensed, bonded, 
 22.16  or regulated by the commissioner of commerce under sections 
 22.17  332.31 to 332.35 or 332.38 to 332.45.  The commissioner is 
 22.18  subject to section 332.37, except clause (9) or, (10), (12), or 
 22.19  (19).  Debts referred to the commissioner for collection under 
 22.20  section 256.9792 may in turn be referred by the commissioner to 
 22.21  the enterprise.  An audited financial statement may not be 
 22.22  required as a condition of debt placement with a private agency 
 22.23  if the private agency:  (1) has errors and omissions coverage 
 22.24  under a professional liability policy in an amount of at least 
 22.25  $1,000,000; or (2) has a fidelity bond to cover actions of its 
 22.26  employees, in an amount of at least $100,000.  In cases of debts 
 22.27  referred under section 256.9792, the provisions of this chapter 
 22.28  and section 256.9792 apply to the extent they are not in 
 22.29  conflict.  If they are in conflict, the provisions of section 
 22.30  256.9792 control.  For purposes of this chapter, the referring 
 22.31  agency for such debts remains the department of human services. 
 22.32     Sec. 35.  Minnesota Statutes 1996, section 16D.04, 
 22.33  subdivision 4, is amended to read: 
 22.34     Subd. 4.  [AUTHORITY TO CONTRACT.] The 
 22.35  commissioner commissioners of revenue and finance may contract 
 22.36  with credit bureaus, private collection agencies, and other 
 23.1   entities as necessary for the collection of debts.  A private 
 23.2   collection agency acting under a contract with the 
 23.3   commissioner commissioners of revenue and finance is subject to 
 23.4   sections 332.31 to 332.45, except that the private collection 
 23.5   agency may indicate that it is acting under a contract with 
 23.6   the commissioner state.  The commissioner may not delegate the 
 23.7   powers provided under section 16D.08 to any nongovernmental 
 23.8   entity. 
 23.9      Sec. 36.  [16D.045] [STAFF.] 
 23.10     Any staff hired by the commissioner of revenue after June 
 23.11  30, 1998, to work for the Minnesota collection enterprise must 
 23.12  be located in the Ely office. 
 23.13     Sec. 37.  Minnesota Statutes 1996, section 16D.08, 
 23.14  subdivision 2, is amended to read: 
 23.15     Subd. 2.  [POWERS.] In addition to the collection remedies 
 23.16  available to private collection agencies in this state, the 
 23.17  commissioner, with legal assistance from the attorney general, 
 23.18  may utilize any statutory authority granted to a referring 
 23.19  agency for purposes of collecting debt owed to that referring 
 23.20  agency.  The commissioner may also delegate to the enterprise 
 23.21  the tax collection remedies in sections 270.06, clauses (7) and 
 23.22  (17), excluding the power to subpoena witnesses; 270.66; 270.69, 
 23.23  excluding subdivisions 7 and 13; 270.70, excluding subdivision 
 23.24  14; 270.7001 to 270.72; and 290.92, subdivision 23, except that 
 23.25  a continuous wage levy under section 290.92, subdivision 23, is 
 23.26  only effective for 70 days, unless no competing wage 
 23.27  garnishments, executions, or levies are served within the 70-day 
 23.28  period, in which case a wage levy is continuous until a 
 23.29  competing garnishment, execution, or levy is served in the 
 23.30  second or a succeeding 70-day period, in which case a continuous 
 23.31  wage levy is effective for the remainder of that period.  A 
 23.32  debtor who qualifies for cancellation of the collection penalty 
 23.33  costs under section 16D.11, subdivision 3, clause (1), can apply 
 23.34  to the commissioner for reduction or release of a continuous 
 23.35  wage levy, if the debtor establishes that the debtor needs all 
 23.36  or a portion of the wages being levied upon to pay for essential 
 24.1   living expenses, such as food, clothing, shelter, medical care, 
 24.2   or expenses necessary for maintaining employment.  The 
 24.3   commissioner's determination not to reduce or release a 
 24.4   continuous wage levy is appealable to district court.  The word 
 24.5   "tax" or "taxes" when used in the tax collection statutes listed 
 24.6   in this subdivision also means debts referred under this 
 24.7   chapter.  For debts other than state taxes or child support, 
 24.8   before any of the tax collection remedies listed in this 
 24.9   subdivision can be used, except for the remedies in section 
 24.10  270.06, clauses (7) and (17), if the referring agency has not 
 24.11  already obtained a judgment or filed a lien, the commissioner 
 24.12  must first obtain a judgment against the debtor.  
 24.13     Sec. 38.  Minnesota Statutes 1996, section 16D.11, as 
 24.14  amended by Laws 1997, chapter 187, article 3, section 3, is 
 24.15  amended to read: 
 24.16     16D.11 [COLLECTION PENALTY COSTS.] 
 24.17     Subdivision 1.  [IMPOSITION.] As determined by the 
 24.18  commissioner of finance, a penalty collection costs shall be 
 24.19  added to the debts referred to the commissioner or private 
 24.20  collection agency for collection.  The penalty is Collection 
 24.21  costs are collectible by the commissioner or private agency from 
 24.22  the debtor at the same time and in the same manner as the 
 24.23  referred debt.  The referring agency shall advise the debtor of 
 24.24  the penalty collection costs under this section and the debtor's 
 24.25  right to cancellation of the penalty collection costs under 
 24.26  subdivision 3 at the time the agency sends notice to the debtor 
 24.27  under section 16D.07.  If the commissioner or private agency 
 24.28  collects an amount less than the total due, the payment is 
 24.29  applied proportionally to the penalty collection costs and the 
 24.30  underlying debt unless the commissioner of finance has waived 
 24.31  this requirement for certain categories of debt pursuant to the 
 24.32  department's internal guidelines.  Penalties Collection costs 
 24.33  collected by the commissioner under this subdivision or retained 
 24.34  under subdivision 6 shall be deposited in the general fund as 
 24.35  nondedicated receipts.  Penalties Collection costs collected by 
 24.36  private agencies are appropriated to the referring agency to pay 
 25.1   the collection fees charged by the private agency.  Penalty 
 25.2   Collections of collection costs in excess of collection agency 
 25.3   fees must be deposited in the general fund as nondedicated 
 25.4   receipts.  
 25.5      Subd. 2.  [COMPUTATION.] Beginning July 1, 1995, At the 
 25.6   time a debt is referred, the amount of the penalty collection 
 25.7   costs is equal to 15 percent of the debt, or 25 percent of the 
 25.8   debt remaining unpaid if the commissioner or private collection 
 25.9   agency has to take enforced collection action by serving a 
 25.10  summons and complaint on or entering judgment against the 
 25.11  debtor, or by utilizing any of the remedies authorized under 
 25.12  section 16D.08, subdivision 2, except for the remedies in 
 25.13  sections 270.06, clause (7), and 270.66 or when referred by the 
 25.14  commissioner for additional collection activity by a private 
 25.15  collection agency.  If, after referral of a debt to a private 
 25.16  collection agency, the debtor requests cancellation of the 
 25.17  penalty collection costs under subdivision 3, the debt must be 
 25.18  returned to the commissioner for resolution of the request. 
 25.19     Subd. 3.  [CANCELLATION.] The penalty Collection costs 
 25.20  imposed under subdivision 1 shall be canceled and subtracted 
 25.21  from the amount due if: 
 25.22     (1) the debtor's household income as defined in section 
 25.23  290A.03, subdivision 5, excluding the exemption subtractions in 
 25.24  subdivision 3, paragraph (3) of that section, for the 12 months 
 25.25  preceding the date of referral is less than twice the annual 
 25.26  federal poverty guideline under United States Code, title 42, 
 25.27  section 9902, subsection (2); 
 25.28     (2) within 60 days after the first contact with the debtor 
 25.29  by the enterprise or collection agency, the debtor establishes 
 25.30  reasonable cause for the failure to pay the debt prior to 
 25.31  referral of the debt to the enterprise; 
 25.32     (3) a good faith dispute as to the legitimacy or the amount 
 25.33  of the debt is made, and payment is remitted or a payment 
 25.34  agreement is entered into within 30 days after resolution of the 
 25.35  dispute; 
 25.36     (4) good faith litigation occurs and the debtor's position 
 26.1   is substantially justified, and if the debtor does not totally 
 26.2   prevail, the debt is paid or a payment agreement is entered into 
 26.3   within 30 days after the judgment becomes final and 
 26.4   nonappealable; or 
 26.5      (5) penalties collection costs have been added by the 
 26.6   referring agency and are included in the amount of the referred 
 26.7   debt. 
 26.8      Subd. 4.  [APPEAL.] Decisions of the commissioner denying 
 26.9   an application to cancel the penalty collection costs under 
 26.10  subdivision 3 are subject to the contested case procedure under 
 26.11  chapter 14. 
 26.12     Subd. 5.  [REFUND.] If a penalty is collection costs are 
 26.13  collected and then canceled, the amount of the penalty 
 26.14  collection costs shall be refunded to the debtor within 30 
 26.15  days.  The amount necessary to pay the refunds is annually 
 26.16  appropriated to the commissioner. 
 26.17     Subd. 6.  [CHARGE TO REFERRING AGENCY.] If the penalty 
 26.18  is collection costs are canceled under subdivision 3, an amount 
 26.19  equal to the penalty is retained by the commissioner from the 
 26.20  debt collected, and is accounted for and subject to the same 
 26.21  provisions of this chapter as if the penalty had been collected 
 26.22  from the debtor. 
 26.23     Subd. 7.  [ADJUSTMENT OF RATE.] By June 1 of each year, the 
 26.24  commissioner of finance shall determine the rate of the 
 26.25  penalty collection costs for debts referred to the enterprise 
 26.26  during the next fiscal year.  The rate is a percentage of the 
 26.27  debts in an amount that most nearly equals the costs of the 
 26.28  enterprise necessary to process and collect referred debts under 
 26.29  this chapter.  In no event shall the rate of the penalty 
 26.30  collection costs when a debt is first referred exceed 
 26.31  three-fifths of the maximum penalty collection costs, and in no 
 26.32  event shall the rate of the maximum penalty collection costs 
 26.33  exceed 25 percent of the debt.  Determination of the rate of the 
 26.34  penalty collection costs under this section is not subject to 
 26.35  the fee setting requirements of section 16A.1285. 
 26.36     Sec. 39.  Minnesota Statutes 1996, section 16D.16, is 
 27.1   amended to read: 
 27.2      16D.16 [SETOFFS.] 
 27.3      Subdivision 1.  [AUTHORIZATION.] Unless prohibited by other 
 27.4   law, the state agency utilizes a more specific setoff statute, 
 27.5   or the state payments are subject to a more specific setoff 
 27.6   statute, the commissioner or a state agency may automatically 
 27.7   deduct the amount of a debt owed to the state from any state 
 27.8   payment due to the debtor, except tax refunds, earned income tax 
 27.9   credit, child care tax credit, prejudgment debts of $5,000 or 
 27.10  less, funds exempt under section 550.37, or funds owed an 
 27.11  individual who receives.  Earned income tax credit, child care 
 27.12  credit, funds exempt under section 550.37, or funds owed to an 
 27.13  individual who is receiving assistance under the provisions of 
 27.14  chapter 256 are not subject to setoff under this chapter 
 27.15  section.  If a debtor has entered into a written payment plan 
 27.16  with respect to payment of a specified debt, the right of setoff 
 27.17  may not be used to satisfy that debt.  Notwithstanding section 
 27.18  181.79, the state may deduct from the wages due or earned by a 
 27.19  state employee to collect a debt, subject to the limitations in 
 27.20  section 571.922. 
 27.21     Subd. 2.  [NOTICE AND HEARING.] Before setoff, the 
 27.22  commissioner or state agency shall mail written notice by 
 27.23  certified mail to the debtor, addressed to the debtor's last 
 27.24  known address, that the commissioner or state agency intends to 
 27.25  set off a debt owed to the state by the debtor against future 
 27.26  payments due the debtor from the state.  For debts owed to the 
 27.27  state that have not been reduced to judgment, if no opportunity 
 27.28  to be heard or administrative appeal process or a hearing by an 
 27.29  impartial decision maker on the validity or accuracy of the debt 
 27.30  has yet been made available to the debtor to contest the 
 27.31  validity or accuracy of the debt, before setoff for a 
 27.32  prejudgment debt, the notice to the debtor must advise that the 
 27.33  debtor has a right to make a written request for a contested 
 27.34  case hearing on the validity of the debt or the right to 
 27.35  setoff.  The debtor has 30 days from the date of that notice to 
 27.36  make a written request for a contested case hearing to contest 
 28.1   the validity of the debt or the right to setoff.  The debtor's 
 28.2   request must state the debtor's reasons for contesting the debt 
 28.3   or the right to setoff.  If the commissioner or state agency 
 28.4   desires to pursue the right to setoff following receipt of the 
 28.5   debtor's request for a hearing, the commissioner or state agency 
 28.6   shall schedule a contested case hearing within 30 days of the 
 28.7   receipt of the request for the hearing.  If the commissioner or 
 28.8   state agency decides not to pursue the right to setoff, the 
 28.9   debtor must be notified of that decision. 
 28.10     Sec. 40.  Minnesota Statutes 1997 Supplement, section 
 28.11  16E.07, subdivision 3, is amended to read: 
 28.12     Subd. 3.  [ACCESS TO DATA.] The legislature determines that 
 28.13  the greatest possible access to certain government information 
 28.14  and data is essential to allow citizens to participate fully in 
 28.15  a democratic system of government.  Certain information and 
 28.16  data, including, but not limited to the following, must be 
 28.17  provided free of charge or for a nominal cost associated with 
 28.18  reproducing the information or data: 
 28.19     (1) directories of government services and institutions, 
 28.20  including an electronic version of the guidebook to state agency 
 28.21  services published by the commissioner of administration; 
 28.22     (2) legislative and rulemaking information, including an 
 28.23  electronic version of the State Register, public information 
 28.24  newsletters, bill text and summaries, bill status information, 
 28.25  rule status information, meeting schedules, and the text of 
 28.26  statutes and rules; 
 28.27     (3) supreme court and court of appeals opinions and general 
 28.28  judicial information; 
 28.29     (4) opinions of the attorney general; 
 28.30     (5) campaign finance and public disclosure board and 
 28.31  election information; 
 28.32     (6) public budget information; 
 28.33     (7) local government documents, such as codes, ordinances, 
 28.34  minutes, meeting schedules, and other notices in the public 
 28.35  interest; 
 28.36     (8) official documents, releases, speeches, and other 
 29.1   public information issued by government agencies; and 
 29.2      (9) the text of other government documents and publications 
 29.3   that government agencies determine are important to public 
 29.4   understanding of government activities. 
 29.5      Sec. 41.  Minnesota Statutes 1996, section 43A.17, 
 29.6   subdivision 8, is amended to read: 
 29.7      Subd. 8.  [ACCUMULATED VACATION LEAVE.] The commissioner of 
 29.8   employee relations shall not agree to a collective bargaining 
 29.9   agreement or recommend a compensation plan pursuant to section 
 29.10  43A.18, subdivisions 1, 2, 3, and 4, nor shall an arbitrator 
 29.11  issue an award under sections 179A.01 to 179A.25, if the 
 29.12  compensation plan, agreement, or award permits an employee to 
 29.13  convert accumulated vacation leave into cash before separation 
 29.14  from state service.  
 29.15     This section does not prohibit the commissioner from 
 29.16  negotiating a collective bargaining agreement or recommending 
 29.17  approval of a compensation plan which:  (1) permits an employee 
 29.18  to receive payment for accumulated vacation leave upon beginning 
 29.19  an unpaid leave of absence approved for more than one year in 
 29.20  duration if the leave of absence is not for the purpose of 
 29.21  accepting an unclassified position in state civil service; or 
 29.22  (2) permits an employee to receive payment for accumulated 
 29.23  vacation leave upon layoff. 
 29.24     Sec. 42.  Minnesota Statutes 1997 Supplement, section 
 29.25  43A.30, subdivision 5, is amended to read: 
 29.26     Subd. 5.  [ADMINISTRATION.] The commissioner of employee 
 29.27  relations may administer the employee insurance program.  The 
 29.28  commissioner may assess agencies, and employers of persons 
 29.29  eligible for state-paid insurance and benefits under section 
 29.30  43A.24, the cost of these administrative services, including 
 29.31  diagnostic and referral services provided by the employee 
 29.32  assistance program under section 16B.39, and include it in the 
 29.33  amounts billed for life insurance, hospital, medical, and dental 
 29.34  benefits, and optional coverages authorized.  Receipts from the 
 29.35  assessments must be deposited in the state treasury and credited 
 29.36  to a special account in the employee insurance trust fund and 
 30.1   are appropriated to the commissioner to pay these administrative 
 30.2   costs. 
 30.3      Sec. 43.  Minnesota Statutes 1996, section 43A.317, 
 30.4   subdivision 8, is amended to read: 
 30.5      Subd. 8.  [PREMIUMS.] (a)  [PAYMENTS.] Employers enrolled 
 30.6   in the program shall pay premiums according to terms established 
 30.7   by the commissioner.  If an employer fails to make the required 
 30.8   payments, the commissioner may cancel coverage and pursue other 
 30.9   civil remedies. 
 30.10     (b)  [RATING METHOD.] The commissioner shall determine the 
 30.11  premium rates and rating method for the program.  The rating 
 30.12  method for eligible small employers must meet or exceed the 
 30.13  requirements of chapter 62L.  The rating methods must recover in 
 30.14  premiums all of the ongoing costs for state administration and 
 30.15  for maintenance of a premium stability and claim fluctuation 
 30.16  reserve.  Premiums must be established so as to recover and 
 30.17  repay within five years after July 1, 1993, any direct 
 30.18  appropriations received to provide start-up administrative 
 30.19  costs.  Premiums must be established so as to recover and repay 
 30.20  within five years after July 1, 1993, any direct appropriations 
 30.21  received to establish initial reserves.  On June 30, 1999, after 
 30.22  paying all necessary and reasonable expenses, the commissioner 
 30.23  must apply up to $2,075,000 of any remaining balance in the 
 30.24  Minnesota employees' insurance trust fund to repayment of any 
 30.25  amounts drawn or expended for this program from the health care 
 30.26  access fund. 
 30.27     (c)  [TAXES AND ASSESSMENTS.] To the extent that the 
 30.28  program operates as a self-insured group, the premiums paid to 
 30.29  the program are not subject to the premium taxes imposed by 
 30.30  sections 60A.15 and 60A.198, but the program is subject to a 
 30.31  Minnesota comprehensive health association assessment under 
 30.32  section 62E.11. 
 30.33     Sec. 44.  [62Q.66] [DURABLE MEDICAL EQUIPMENT COVERAGE.] 
 30.34     No health plan company that covers durable medical 
 30.35  equipment may utilize medical coverage criteria for durable 
 30.36  medical equipment that limit coverage solely to equipment used 
 31.1   in the home. 
 31.2      Sec. 45.  [62Q.67] [DISCLOSURE OF COVERED DURABLE MEDICAL 
 31.3   EQUIPMENT.] 
 31.4      Subdivision 1.  [DISCLOSURE.] A health plan company that 
 31.5   covers durable medical equipment shall provide enrollees, and 
 31.6   upon request prospective enrollees, written disclosure that 
 31.7   includes the information set forth in subdivision 2.  The health 
 31.8   plan company may include the information in the member contract, 
 31.9   certificate of coverage, schedule of payments, member handbook, 
 31.10  or other written enrollee communication. 
 31.11     Subd. 2.  [INFORMATION TO BE DISCLOSED.] A health plan 
 31.12  company that covers durable medical equipment shall disclose the 
 31.13  following information: 
 31.14     (1) general descriptions of the coverage for durable 
 31.15  medical equipment, level of coverage available, and criteria and 
 31.16  procedures for any required prior authorizations; and 
 31.17     (2) the address and telephone number of a health plan 
 31.18  representative whom an enrollee may contact to obtain specific 
 31.19  information verbally, or upon request in writing, about prior 
 31.20  authorization including criteria used in making coverage 
 31.21  decisions and information on limitations or exclusions for 
 31.22  durable medical equipment. 
 31.23     Sec. 46.  Minnesota Statutes 1996, section 179A.16, 
 31.24  subdivision 1, is amended to read: 
 31.25     Subdivision 1.  [NONESSENTIAL EMPLOYEES.] An exclusive 
 31.26  representative or an employer of a unit of employees other than 
 31.27  essential employees may request interest arbitration by 
 31.28  providing written notice of the request to the other party and 
 31.29  the commissioner.  The written request for arbitration must 
 31.30  specify the items to be submitted to arbitration and whether 
 31.31  conventional, final-offer total-package, or final-offer 
 31.32  item-by-item arbitration is contemplated by the request. 
 31.33     Except for city attorney legal units, the items to be 
 31.34  submitted to arbitration and the form of arbitration to be used 
 31.35  are subject to mutual agreement.  If an agreement to arbitrate 
 31.36  is reached, it must be reduced to writing and a copy of the 
 32.1   agreement filed with the commissioner.  A failure to respond, or 
 32.2   to reach agreement on the items or form of arbitration, within 
 32.3   15 days of receipt of the request to arbitrate constitutes a 
 32.4   rejection of the request. 
 32.5      Sec. 47.  Minnesota Statutes 1996, section 179A.16, is 
 32.6   amended by adding a subdivision to read: 
 32.7      Subd. 1a.  [CITY ATTORNEY LEGAL UNITS.] An exclusive 
 32.8   representative or employer of a city attorney legal unit may 
 32.9   petition for binding interest arbitration by filing a written 
 32.10  request with the other party and the commissioner.  The written 
 32.11  request must specify the items that the party wishes to submit 
 32.12  to binding arbitration.  Within 15 days of the request, the 
 32.13  commissioner shall determine whether further mediation of the 
 32.14  dispute would be appropriate and shall only certify matters to 
 32.15  the board in cases where the commissioner believes that both 
 32.16  parties have made substantial, good faith bargaining efforts and 
 32.17  that an impasse has occurred. 
 32.18     Sec. 48.  Minnesota Statutes 1996, section 179A.16, 
 32.19  subdivision 3, is amended to read: 
 32.20     Subd. 3.  [PROCEDURE.] Within 15 days from the time the 
 32.21  commissioner has certified a matter to be ready for binding 
 32.22  arbitration because of an agreement under subdivision 1 or in 
 32.23  accordance with subdivision 1a or 2, both parties shall submit 
 32.24  their final positions on the items in dispute.  In the event of 
 32.25  a dispute over the items to be submitted to binding arbitration 
 32.26  involving essential employees, the commissioner shall determine 
 32.27  the items to be decided by arbitration based on the efforts to 
 32.28  mediate the dispute and the positions submitted by the parties 
 32.29  during the course of those efforts.  The parties may stipulate 
 32.30  items to be excluded from arbitration. 
 32.31     Sec. 49.  Minnesota Statutes 1996, section 179A.16, 
 32.32  subdivision 9, is amended to read: 
 32.33     Subd. 9.  [NO ARBITRATION.] Failure to reach agreement on 
 32.34  employer payment of, or contributions toward, premiums for group 
 32.35  insurance coverage of retired employees is not subject to 
 32.36  interest arbitration procedures under this section, except for 
 33.1   units of essential employees and city attorney legal units. 
 33.2      Sec. 50.  Minnesota Statutes 1996, section 179A.18, 
 33.3   subdivision 1, is amended to read: 
 33.4      Subdivision 1.  [WHEN AUTHORIZED.] Essential employees may 
 33.5   not strike.  Except as otherwise provided by subdivision 2 and 
 33.6   section 179A.17, subdivision 2, other public employees may 
 33.7   strike only under the following circumstances:  
 33.8      (1)(a) the collective bargaining agreement between their 
 33.9   exclusive representative and their employer has expired or, if 
 33.10  there is no agreement, impasse under section 179A.17, 
 33.11  subdivision 2, has occurred; and 
 33.12     (b) the exclusive representative and the employer have 
 33.13  participated in mediation over a period of at least 45 days, 
 33.14  provided that the mediation period established by section 
 33.15  179A.17, subdivision 2, governs negotiations under that section, 
 33.16  and provided that for the purposes of this subclause the 
 33.17  mediation period commences on the day following receipt by the 
 33.18  commissioner of a request for mediation; or 
 33.19     (2) the employer violates section 179A.13, subdivision 2, 
 33.20  clause (9); or 
 33.21     (3) in the case of city attorney legal units, neither the 
 33.22  exclusive representative nor the employer has petitioned for 
 33.23  binding interest arbitration in accordance with section 179A.16; 
 33.24  or 
 33.25     (4) in the case of state employees,: 
 33.26     (a) the legislative commission on employee relations has 
 33.27  rejected a negotiated agreement or arbitration decision during a 
 33.28  legislative interim; or 
 33.29     (b) the entire legislature rejects or fails to ratify a 
 33.30  negotiated agreement or arbitration decision, which has been 
 33.31  approved during a legislative interim by the legislative 
 33.32  commission on employee relations, at a special legislative 
 33.33  session called to consider it, or at its next regular 
 33.34  legislative session, whichever occurs first. 
 33.35     Sec. 51.  Minnesota Statutes 1997 Supplement, section 
 33.36  270.063, subdivision 1, is amended to read: 
 34.1      Subdivision 1.  [APPROPRIATION.] For the purpose of 
 34.2   collecting delinquent state tax liabilities or debts as defined 
 34.3   in section 16D.02, subdivision 3, there is appropriated to the 
 34.4   commissioner of revenue an amount representing the cost of 
 34.5   collection by contract with collection agencies, revenue 
 34.6   departments of other states, or attorneys to enable the 
 34.7   commissioner to reimburse these agencies, departments, or 
 34.8   attorneys for this service.  The commissioner shall report 
 34.9   quarterly on the status of this program to the chair of the 
 34.10  house tax and appropriation committees and senate tax and 
 34.11  finance committees. 
 34.12     Sec. 52.  [325G.53] [CONSUMER EDUCATION; TELEMARKETING 
 34.13  FRAUD.] 
 34.14     Subdivision 1.  [ESTABLISHMENT.] The attorney general shall 
 34.15  establish an outreach advocacy network to educate citizens of 
 34.16  the state with respect to telemarketing fraud. 
 34.17     Subd. 2.  [DUTIES.] The advocacy network shall: 
 34.18     (1) conduct clinics and seminars throughout the state to 
 34.19  educate consumers with respect to telemarketing fraud, including 
 34.20  providing an explanation of rights under federal and state law, 
 34.21  such as the right to be placed on an individual business's 
 34.22  no-call list, and recommending effective strategies to combat 
 34.23  fraud; 
 34.24     (2) facilitate outreach to groups particularly susceptible 
 34.25  to telemarketing fraud by training advocates for senior citizens 
 34.26  and other consumer groups to conduct clinics and seminars in 
 34.27  their communities; 
 34.28     (3) prepare and publish informational brochures on 
 34.29  telemarketing fraud for distribution to consumers; and 
 34.30     (4) serve as an information clearinghouse within the state 
 34.31  to assist consumers and others to obtain information with 
 34.32  respect to current fraudulent telemarketing activity in the 
 34.33  state. 
 34.34     Sec. 53.  Minnesota Statutes 1996, section 349A.06, is 
 34.35  amended by adding a subdivision to read: 
 34.36     Subd. 12.  [RETAILER BONUS.] The director may adopt a plan 
 35.1   whereby eligible lottery retailers will receive a bonus payment, 
 35.2   in addition to commissions or incentives earned for the sale of 
 35.3   lottery tickets, if total lottery sales for a fiscal year 
 35.4   increase when compared to the total lottery sales for the 
 35.5   previous fiscal year.  The bonus payment shall be no more than 
 35.6   ten percent of any increase in total lottery sale, which shall 
 35.7   be paid to active lottery retailers at the end of a fiscal year 
 35.8   on the basis of each lottery retailer's market share. 
 35.9      Sec. 54.  Minnesota Statutes 1996, section 349A.09, 
 35.10  subdivision 2, is amended to read: 
 35.11     Subd. 2.  [CONTENT OF ADVERTISING.] (a) Advertising and 
 35.12  promotional materials for the lottery adopted or published by 
 35.13  the director must be consistent with the dignity of the state 
 35.14  and may only: 
 35.15     (1) present information on how lottery games are played, 
 35.16  prizes offered, where and how tickets may be purchased, when 
 35.17  drawings are held, and odds on the games advertised; 
 35.18     (2) identify state programs supported by lottery net 
 35.19  revenues; 
 35.20     (3) present the lottery as a form of entertainment; or 
 35.21     (4) state the winning numbers or identity of winners of 
 35.22  lottery prizes.  
 35.23     (b) The director may not adopt or publish any advertising 
 35.24  for the lottery which: 
 35.25     (1) presents directly or indirectly any lottery game as a 
 35.26  potential means of relieving any person's financial 
 35.27  difficulties; 
 35.28     (2) is specifically targeted with the intent to exploit a 
 35.29  person, or a specific group or economic class of people, or a 
 35.30  religious holiday by use of a religious theme or symbol; 
 35.31     (3) presents the purchase of a lottery ticket as a 
 35.32  financial investment or a way to achieve financial security; 
 35.33     (4) uses the name or picture of a current elected state 
 35.34  official to promote a lottery game; 
 35.35     (5) exhorts the public to bet by directly or indirectly 
 35.36  misrepresenting a person's chance of winning a prize; or 
 36.1      (6) denigrates a person who does not buy a lottery ticket 
 36.2   or unduly praises a person who does buy a ticket. 
 36.3      Sec. 55.  Minnesota Statutes 1996, section 349A.10, 
 36.4   subdivision 3, is amended to read: 
 36.5      Subd. 3.  [LOTTERY OPERATIONS.] (a) The director shall 
 36.6   establish a lottery operations account in the lottery fund.  The 
 36.7   director shall pay all costs of operating the lottery, including 
 36.8   payroll costs or amounts transferred to the state treasury for 
 36.9   payroll costs, but not including lottery prizes, from the 
 36.10  lottery operating account.  The director shall credit to the 
 36.11  lottery operations account amounts sufficient to pay the 
 36.12  operating costs of the lottery. 
 36.13     (b) The director may not credit in fiscal year 1993 amounts 
 36.14  to the lottery operations account which when totaled exceed 14.5 
 36.15  percent of gross revenue to the lottery fund.  Except as 
 36.16  provided in paragraph (e), the director may not credit in any 
 36.17  fiscal year thereafter amounts to the lottery operations account 
 36.18  which when totaled exceed 15 percent of gross revenue to the 
 36.19  lottery fund in that fiscal year.  In computing total amounts 
 36.20  credited to the lottery operations account under this paragraph 
 36.21  the director shall disregard amounts transferred to or retained 
 36.22  by lottery retailers as sales commissions or other compensation. 
 36.23     (c) The director of the lottery may not expend after July 
 36.24  1, 1991, more than 2-3/4 four percent of gross revenues in a 
 36.25  fiscal year for contracts for the preparation, publication, and 
 36.26  placement of advertising. 
 36.27     (d) Except as the director determines, the lottery is not 
 36.28  subject to chapter 16A relating to budgeting, payroll, and the 
 36.29  purchase of goods and services. 
 36.30     (e) In addition to the amounts credited to the lottery 
 36.31  operations account under paragraph (b), the director is 
 36.32  authorized, if necessary, to meet the current obligations of the 
 36.33  lottery and to credit up to 25 percent of an amount equal to the 
 36.34  average annual amount which was authorized to be credited to the 
 36.35  lottery operations account for the previous three fiscal years 
 36.36  but was not needed to meet the obligations of the lottery. 
 37.1      Sec. 56.  Minnesota Statutes 1996, section 349A.11, is 
 37.2   amended to read: 
 37.3      349A.11 [CONFLICT OF INTEREST.] 
 37.4      Subdivision 1.  [LOTTERY TICKET; RETAILER.] (a) The 
 37.5   director, an employee of the lottery, a member of the immediate 
 37.6   family of the director or employee residing in the same 
 37.7   household may not: 
 37.8      (1) purchase a lottery ticket; or 
 37.9      (2) have any personal pecuniary interest in any vendor 
 37.10  holding a lottery procurement contract, or in any lottery 
 37.11  retailer; or 
 37.12     (3) receive any gift, gratuity, or other thing of value, 
 37.13  excluding food or beverage, from any lottery vendor or lottery 
 37.14  retailer, or person applying to be a retailer or vendor, in 
 37.15  excess of $100 in any calendar year.  
 37.16     Subd. 2.  [GIFTS.] The director or an employee of the 
 37.17  lottery in the unclassified service may not accept a gift the 
 37.18  acceptance of which by an official would be prohibited by 
 37.19  section 10A.071. 
 37.20     Subd. 3.  [PENALTY.] (b) A violation of paragraph 
 37.21  (a) subdivision 1, clause (1), is a misdemeanor.  A violation of 
 37.22  paragraph (a) subdivision 1, clause (2), is a gross 
 37.23  misdemeanor.  A violation of paragraph (a) subdivision 1, clause 
 37.24  (3), is a misdemeanor unless the gift, gratuity, or other item 
 37.25  of value received has a value in excess of $500, in which case a 
 37.26  violation is a gross misdemeanor.  
 37.27     Subd. 4.  [FUTURE EMPLOYMENT.] (c) The director or an 
 37.28  unclassified employee of the lottery may not, within one year 
 37.29  two years of terminating employment with the lottery, accept 
 37.30  employment with, act as an agent or attorney for, or otherwise 
 37.31  represent any person, corporation, or entity that had any 
 37.32  lottery procurement contract or bid for a lottery procurement 
 37.33  contract with before the lottery within a period of two years 
 37.34  prior to the termination of their employment.  A violation of 
 37.35  this paragraph is a misdemeanor. 
 37.36     Sec. 57.  [349A.16] [LOTTERY RETAILER COMMISSIONS.] 
 38.1      The director of the state lottery shall:  (1) increase 
 38.2   commissions paid to lottery retailers in effect on January 1, 
 38.3   1998, by one-half percent on the price of each ticket sold by 
 38.4   each retailer; and (2) provide that each lottery retailer 
 38.5   receive a commission of at least one percent on the amount of 
 38.6   each winning ticket cashed by that retailer.  The director of 
 38.7   the state lottery shall periodically review lottery ticket sales 
 38.8   and make such adjustments to lottery retailer commission rates 
 38.9   as are deemed necessary to maintain appropriate return to the 
 38.10  state.  
 38.11     Sec. 58.  Minnesota Statutes 1996, section 469.177, 
 38.12  subdivision 11, is amended to read: 
 38.13     Subd. 11.  [DEDUCTION FOR ENFORCEMENT COSTS; 
 38.14  APPROPRIATION.] (a) The county treasurer shall deduct an amount 
 38.15  equal to 0.1 0.2 percent of any increment distributed to an 
 38.16  authority or municipality.  The county treasurer shall pay the 
 38.17  amount deducted to the state treasurer for deposit in the state 
 38.18  general fund. 
 38.19     (b) The amounts deducted and paid under paragraph (a) are 
 38.20  appropriated to the state auditor for the cost of (1) the 
 38.21  financial reporting of tax increment financing information and 
 38.22  (2) the cost of examining and auditing of authorities' use of 
 38.23  tax increment financing as provided under section 469.1771, 
 38.24  subdivision 1.  Notwithstanding section 16A.28 or any other law 
 38.25  to the contrary, this appropriation does not cancel and remains 
 38.26  available until spent.  
 38.27     Sec. 59.  [473.5965] [LEASE.] 
 38.28     Any lease agreement between the metropolitan sports 
 38.29  facilities commission and a professional baseball franchise 
 38.30  entered into after the effective date of this section: 
 38.31     (1) must be for a term of at least seven years; and 
 38.32     (2) must not permit the professional baseball franchise to 
 38.33  escape any obligation under the lease. 
 38.34     Sec. 60.  Laws 1997, chapter 202, article 4, section 13, 
 38.35  subdivision 7, is amended to read: 
 38.36     Subd. 7.  [EXPIRATION.] This section expires June 30, 
 39.1   1998 December 31, 1998. 
 39.2      Sec. 61.  [ADVISORY COUNCIL MEMBERSHIP EXPANDED.] 
 39.3      (a) The membership of the advisory council on 
 39.4   community-based planning established under Laws 1997, chapter 
 39.5   202, article 4, section 13, subdivision 3, is increased by six 
 39.6   voting members appointed as follows: 
 39.7      (1) two members appointed by the association of counties; 
 39.8      (2) two members appointed by the township officers 
 39.9   association; 
 39.10     (3) one member appointed by the coalition of greater 
 39.11  Minnesota cities; and 
 39.12     (4) one member appointed by the Minnesota association of 
 39.13  small cities. 
 39.14     (b) All of the members appointed under paragraph (a), 
 39.15  clauses (1) to (4), must reside outside of the seven-county 
 39.16  metropolitan area. 
 39.17     Sec. 62.  [FUNDING FROM EXISTING BUDGET.] 
 39.18     The office of strategic and long-range planning shall 
 39.19  provide administrative and staff support, and otherwise pay the 
 39.20  costs of the advisory council, including extra costs imposed by 
 39.21  section 61, on community-based planning out of its existing 
 39.22  budget. 
 39.23     Sec. 63.  [SETTLEMENT DIVISION; TRANSFER OF JUDGES.] 
 39.24     The office of administrative hearings shall establish a 
 39.25  settlement division.  The workers' compensation judges at the 
 39.26  department of labor and industry, together with their support 
 39.27  staff, offices, furnishings, equipment, and supplies, are 
 39.28  transferred to the settlement division of the office of 
 39.29  administrative hearings.  Minnesota Statutes, section 15.039, 
 39.30  applies to the transfer of employees.  The settlement division 
 39.31  of the office of administrative hearings shall maintain offices 
 39.32  in the cities of St. Paul, Duluth, and Detroit Lakes.  The 
 39.33  office of a judge in the settlement division of the office of 
 39.34  administrative hearings and the support staff of the judge may 
 39.35  be located in a building that contains offices of the department 
 39.36  of labor and industry.  The seniority of a workers' compensation 
 40.1   judge at the office of administrative hearings, after the 
 40.2   transfer, shall be based on the total length of service at 
 40.3   either agency.  For purposes of the commissioner's plan under 
 40.4   Minnesota Statutes, section 43A.18, subdivision 2, all 
 40.5   compensation judges at the office of administrative hearings 
 40.6   shall be considered to be in the same employment condition, the 
 40.7   same organizational unit and qualified for work in either 
 40.8   division. 
 40.9      Sec. 64.  [TRANSFER.] 
 40.10     Subdivision 1.  [DUTIES AFFECTED.] (a) The powers and 
 40.11  duties assigned to the workers' compensation judges at the 
 40.12  department of labor and industry on July 1, 1997, shall be 
 40.13  transferred from the commissioner of the department of labor and 
 40.14  industry to the workers' compensation judges in the settlement 
 40.15  division of the office of administrative hearings.  These powers 
 40.16  and duties include the following: 
 40.17     (1) the authority to conduct settlement conferences and 
 40.18  issue summary decisions; 
 40.19     (2) the authority to approve settlement agreements and 
 40.20  issue orders on agreements; 
 40.21     (3) the authority to conduct administrative discontinuance 
 40.22  conferences, make determinations and issue orders regarding the 
 40.23  discontinuance disputes; 
 40.24     (4) the authority to issue orders on motions and conduct 
 40.25  special term evidentiary hearings related to the motions; 
 40.26     (5) the authority to approve attorney fees and award 
 40.27  taxable costs; 
 40.28     (6) the authority to make allocations of dependency 
 40.29  benefits; 
 40.30     (7) the authority to issue temporary orders; 
 40.31     (8) the authority to make an award regarding the remodeling 
 40.32  of the residence of a handicapped employee; 
 40.33     (9) the authority to conduct administrative conferences, 
 40.34  make determinations and issue orders regarding medical disputes 
 40.35  except where the amount in dispute is $1,500 or less; 
 40.36     (10) the authority to conduct administrative conferences, 
 41.1   make determinations and issue orders regarding retraining 
 41.2   disputes; and 
 41.3      (11) the authority to conduct administrative conferences, 
 41.4   make determinations and issue orders regarding any medical or 
 41.5   rehabilitation dispute where the commissioner of the department 
 41.6   of labor and industry determines that the issues involved should 
 41.7   be determined by a judge. 
 41.8      (b) The transfer of the power and duty to conduct 
 41.9   settlement conferences and approve settlement agreements does 
 41.10  not affect the ability of the commissioner of the department of 
 41.11  labor and industry to provide voluntary mediation services and 
 41.12  approve mediation agreements.  The powers and duties assigned to 
 41.13  the customer assistance teams on July 1, 1997, shall remain at 
 41.14  the department of labor and industry.  These powers shall 
 41.15  include: 
 41.16     (1) the authority to conduct voluntary mediation sessions; 
 41.17     (2) the authority to review mediation agreements and issue 
 41.18  mediation awards; 
 41.19     (3) the authority to conduct administrative conferences, 
 41.20  make determinations, and issue orders regarding rehabilitation 
 41.21  services and plans, other than disputes involving retraining; 
 41.22     (4) the authority to conduct administrative conferences, 
 41.23  make determinations, and issue orders regarding medical disputes 
 41.24  when the amount in dispute is $1,500 or less; and 
 41.25     (5) the authority to award interest in any matter decided 
 41.26  by the commissioner. 
 41.27     Subd. 2.  [REFERRAL.] Within ten days of filing, the 
 41.28  commissioner shall refer all claim petitions and petitions for 
 41.29  temporary orders, statements of attorney fees, objections to 
 41.30  penalty assessments, and any other formal petitions or related 
 41.31  filings, to the settlement division of the office of 
 41.32  administrative hearings for review by a compensation judge, the 
 41.33  compensation judge shall determine whether a settlement 
 41.34  conference or other action is appropriate.  Within ten days of 
 41.35  filing, the commissioner shall refer all medical requests except 
 41.36  where the amount in dispute is $1,500 or less, to the settlement 
 42.1   division of the office of administrative hearings for 
 42.2   administrative conference. 
 42.3      Subd. 3.  [PROHIBITION.] The commissioner of administration 
 42.4   may not use authority in Minnesota Statutes, section 16B.37, nor 
 42.5   may any other executive branch official use this or any other 
 42.6   authority, to transfer powers, duties, work, or employees 
 42.7   relating to workers compensation judges. 
 42.8      Sec. 65.  [TRANSFER OF FUNDS.] 
 42.9      The commissioner of finance shall, after consultation with 
 42.10  the commissioner of the department of labor and industry and the 
 42.11  chief administrative law judge, make the appropriate transfer of 
 42.12  funds from the department of labor and industry to the office of 
 42.13  administrative hearings.  The funds transferred shall be 
 42.14  sufficient to provide for the smooth operation of the settlement 
 42.15  division and pay the salaries of all personnel transferred to 
 42.16  the office of administrative hearings plus the salaries for any 
 42.17  judge or support staff positions that were filled on October 1, 
 42.18  1997, but are vacant on the effective date of this act.  The 
 42.19  commissioner of finance shall report to the legislature if the 
 42.20  appropriation for the department of labor and industry is 
 42.21  insufficient following the transfer of funds. 
 42.22     Sec. 66.  [SMALL CLAIMS COURT TRANSFER.] 
 42.23     The small claims court at the department of labor and 
 42.24  industry is transferred to the office of administrative hearings.
 42.25     Sec. 67.  [NO EFFECT ON CERTAIN AGREEMENTS.] 
 42.26     Sections 63 to 66 do not abrogate or modify the terms of a 
 42.27  memorandum of understanding entered into by the state and an 
 42.28  exclusive representative of state employees affected by the 
 42.29  transfer of duties in sections 63 to 66. 
 42.30     Sec. 68.  [PORTRAIT.] 
 42.31     If a private donor provides or provides funds for a museum 
 42.32  quality portrait of Rudy and Lola Perpich based on the portrait 
 42.33  currently on display at the Minnesota historical society, the 
 42.34  state must accept the gift.  The commissioner of administration 
 42.35  shall substitute the portrait of Rudy and Lola Perpich for the 
 42.36  portrait of Governor Rudy Perpich that currently is displayed on 
 43.1   the ground floor of the state capitol. 
 43.2      Sec. 69.  [LIVESTOCK INDUSTRY ENVIRONMENTAL STEERING 
 43.3   COMMITTEE.] 
 43.4      Subdivision 1.  [COMMITTEE.] The environmental quality 
 43.5   board shall establish the livestock industry environmental 
 43.6   steering committee consisting of representatives of the 
 43.7   livestock industry, environmental interests, and other 
 43.8   stakeholders.  The livestock environmental steering committee 
 43.9   shall advise the environmental quality board on the scope and 
 43.10  content of the generic environmental impact statement required 
 43.11  in subdivision 2. 
 43.12     Compensation of members and reimbursement of their expenses 
 43.13  is governed by Minnesota Statutes, section 15.059.  The 
 43.14  committee expires upon completion of the generic environmental 
 43.15  impact statement required in subdivision 2 and presentation of 
 43.16  the final report to the legislature. 
 43.17     Subd. 2.  [GENERIC ENVIRONMENTAL IMPACT STATEMENT.] A 
 43.18  generic environmental impact statement must be prepared under 
 43.19  the direction of the environmental quality board to examine the 
 43.20  long-term effects of the livestock industry as it exists and as 
 43.21  it is changing on the economy, environment, and way of life of 
 43.22  Minnesota and its citizens.  The study may address: 
 43.23     (1) the overall dimensions of animal agriculture in 
 43.24  Minnesota, including species of livestock; an inventory of 
 43.25  numbers, types, and locations of facilities; and the related 
 43.26  support networks and economic activity involved in the life 
 43.27  cycles of livestock; 
 43.28     (2) environmental issues associated with livestock 
 43.29  production from growing feed to raising the animals to their 
 43.30  shipment to their processing and sale to consumer; effects on 
 43.31  air, groundwater, surface water, land, and other aspects of the 
 43.32  environment both within and without the state examined and 
 43.33  correlated to various management practices, facilities, and 
 43.34  other variables affecting the environment; 
 43.35     (3) economic issues such as the various financial and 
 43.36  ownership arrangements currently or potentially used in the 
 44.1   industries, patterns of vertical integration, size, long-term 
 44.2   sustainability of various forms of ownership and production 
 44.3   methods, access to markets, current and anticipated financial 
 44.4   trends, effects of governmental policies, and comparative 
 44.5   economic impact of alternative means of production; and 
 44.6      (4) the roles of various units of government in regulation 
 44.7   of various aspects of feedlot operation including federal, 
 44.8   state, interstate bodies, counties, townships, soil conservation 
 44.9   districts, watershed districts, and others with planning, 
 44.10  zoning, or environmental responsibilities. 
 44.11     Subd. 3.  [EXPIRATION.] This section expires on June 30, 
 44.12  2001. 
 44.13     Sec. 70.  [INSTRUCTION TO REVISOR.] 
 44.14     The revisor of statutes shall change the term "settlement 
 44.15  judge" to "compensation judge" wherever it appears in Minnesota 
 44.16  Statutes and Minnesota Rules. 
 44.17     Sec. 71.  [REPEALER.] 
 44.18     (a) Minnesota Statutes 1996, section 3.971, subdivision 3; 
 44.19  and Minnesota Statutes 1997 Supplement, sections 16A.11, 
 44.20  subdivision 3c; and 241.015, are repealed. 
 44.21     (b) Minnesota Statutes 1997 Supplement, sections 394.232, 
 44.22  subdivision 5; and 572A.01, are repealed.  
 44.23     Sec. 72.  [EFFECTIVE DATE.] 
 44.24     (a) Sections 16 to 18, 24 to 28, 60 to 66, and 71, 
 44.25  paragraph (a), are effective the day following final enactment.  
 44.26  Sections 53 to 57 are effective the day following final 
 44.27  enactment.  
 44.28     (b) Section 31 is effective August 1, 1998. 
 44.29     (c) All appropriations for fiscal year 1998 are effective 
 44.30  the day following final enactment.  
 44.31     (d) Sections 44 and 45 are effective January 1, 1999, and 
 44.32  apply to health plans issued, renewed, or continued as defined 
 44.33  in Minnesota Statutes, section 60A.02, subdivision 2a, to 
 44.34  provide coverage to a Minnesota resident on or after that date. 
 44.35                             ARTICLE 2
 44.36                     AGENCY PERFORMANCE REPORTS 
 45.1      Section 1.  Minnesota Statutes 1996, section 16A.055, 
 45.2   subdivision 6, is amended to read: 
 45.3      Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
 45.4   department's mission that within the department's resources the 
 45.5   commissioner shall endeavor to: 
 45.6      (1) prevent the waste or unnecessary spending of public 
 45.7   money; 
 45.8      (2) use innovative fiscal and human resource practices to 
 45.9   manage the state's resources and operate the department as 
 45.10  efficiently as possible; 
 45.11     (3) coordinate the department's activities wherever 
 45.12  appropriate with the activities of other governmental agencies; 
 45.13     (4) use technology where appropriate to increase agency 
 45.14  productivity, improve customer service, increase public access 
 45.15  to information about government, and increase public 
 45.16  participation in the business of government; 
 45.17     (5) utilize constructive and cooperative labor-management 
 45.18  practices to the extent otherwise required by chapters 43A and 
 45.19  179A; 
 45.20     (6) include specific objectives in report to the 
 45.21  legislature on the performance report required under section 
 45.22  15.91 to increase the efficiency of agency operations, when 
 45.23  appropriate and the accomplishment of agency goals; and 
 45.24     (7) recommend to the legislature, in the performance report 
 45.25  of the department required under section 15.91, appropriate 
 45.26  changes in law necessary to carry out the mission and improve 
 45.27  the performance of the department. 
 45.28     Sec. 2.  Minnesota Statutes 1996, section 16B.04, 
 45.29  subdivision 4, is amended to read: 
 45.30     Subd. 4.  [MISSION; EFFICIENCY.] It is part of the 
 45.31  department's mission that within the department's resources the 
 45.32  commissioner shall endeavor to: 
 45.33     (1) prevent the waste or unnecessary spending of public 
 45.34  money; 
 45.35     (2) use innovative fiscal and human resource practices to 
 45.36  manage the state's resources and operate the department as 
 46.1   efficiently as possible; 
 46.2      (3) coordinate the department's activities wherever 
 46.3   appropriate with the activities of other governmental agencies; 
 46.4      (4) use technology where appropriate to increase agency 
 46.5   productivity, improve customer service, increase public access 
 46.6   to information about government, and increase public 
 46.7   participation in the business of government; 
 46.8      (5) utilize constructive and cooperative labor-management 
 46.9   practices to the extent otherwise required by chapters 43A and 
 46.10  179A; 
 46.11     (6) include specific objectives in report to the 
 46.12  legislature on the performance report required under section 
 46.13  15.91 to increase the efficiency of agency operations, when 
 46.14  appropriate and the accomplishment of agency goals; and 
 46.15     (7) recommend to the legislature, in the performance report 
 46.16  of the department required under section 15.91, appropriate 
 46.17  changes in law necessary to carry out the mission and improve 
 46.18  the performance of the department. 
 46.19     Sec. 3.  Minnesota Statutes 1996, section 17.03, 
 46.20  subdivision 11, is amended to read: 
 46.21     Subd. 11.  [MISSION; EFFICIENCY.] It is part of the 
 46.22  department's mission that within the department's resources the 
 46.23  commissioner shall endeavor to: 
 46.24     (1) prevent the waste or unnecessary spending of public 
 46.25  money; 
 46.26     (2) use innovative fiscal and human resource practices to 
 46.27  manage the state's resources and operate the department as 
 46.28  efficiently as possible; 
 46.29     (3) coordinate the department's activities wherever 
 46.30  appropriate with the activities of other governmental agencies; 
 46.31     (4) use technology where appropriate to increase agency 
 46.32  productivity, improve customer service, increase public access 
 46.33  to information about government, and increase public 
 46.34  participation in the business of government; 
 46.35     (5) utilize constructive and cooperative labor-management 
 46.36  practices to the extent otherwise required by chapters 43A and 
 47.1   179A; 
 47.2      (6) include specific objectives in report to the 
 47.3   legislature on the performance report required under section 
 47.4   15.91 to increase the efficiency of agency operations, when 
 47.5   appropriate and the accomplishment of agency goals; and 
 47.6      (7) recommend to the legislature, in the performance report 
 47.7   of the department required under section 15.91, appropriate 
 47.8   changes in law necessary to carry out the mission and improve 
 47.9   the performance of the department. 
 47.10     Sec. 4.  Minnesota Statutes 1996, section 43A.04, 
 47.11  subdivision 1a, is amended to read: 
 47.12     Subd. 1a.  [MISSION; EFFICIENCY.] It is part of the 
 47.13  department's mission that within the department's resources the 
 47.14  commissioner shall endeavor to: 
 47.15     (1) prevent the waste or unnecessary spending of public 
 47.16  money; 
 47.17     (2) use innovative fiscal and human resource practices to 
 47.18  manage the state's resources and operate the department as 
 47.19  efficiently as possible; 
 47.20     (3) coordinate the department's activities wherever 
 47.21  appropriate with the activities of other governmental agencies; 
 47.22     (4) use technology where appropriate to increase agency 
 47.23  productivity, improve customer service, increase public access 
 47.24  to information about government, and increase public 
 47.25  participation in the business of government; 
 47.26     (5) utilize constructive and cooperative labor-management 
 47.27  practices to the extent otherwise required by chapters 43A and 
 47.28  179A; 
 47.29     (6) include specific objectives in report to the 
 47.30  legislature on the performance report required under section 
 47.31  15.91 to increase the efficiency of agency operations, when 
 47.32  appropriate and the accomplishment of agency goals; and 
 47.33     (7) recommend to the legislature, in the performance report 
 47.34  of the department required under section 15.91, appropriate 
 47.35  changes in law necessary to carry out the mission and improve 
 47.36  the performance of the department. 
 48.1      Sec. 5.  Minnesota Statutes 1996, section 45.012, is 
 48.2   amended to read: 
 48.3      45.012 [COMMISSIONER.] 
 48.4      (a) The department of commerce is under the supervision and 
 48.5   control of the commissioner of commerce.  The commissioner is 
 48.6   appointed by the governor in the manner provided by section 
 48.7   15.06.  
 48.8      (b) Data that is received by the commissioner or the 
 48.9   commissioner's designee by virtue of membership or participation 
 48.10  in an association, group, or organization that is not otherwise 
 48.11  subject to chapter 13 is confidential or protected nonpublic 
 48.12  data but may be shared with the department employees as the 
 48.13  commissioner considers appropriate.  The commissioner may 
 48.14  release the data to any person, agency, or the public if the 
 48.15  commissioner determines that the access will aid the law 
 48.16  enforcement process, promote public health or safety, or dispel 
 48.17  widespread rumor or unrest.  
 48.18     (c) It is part of the department's mission that within the 
 48.19  department's resources the commissioner shall endeavor to: 
 48.20     (1) prevent the waste or unnecessary spending of public 
 48.21  money; 
 48.22     (2) use innovative fiscal and human resource practices to 
 48.23  manage the state's resources and operate the department as 
 48.24  efficiently as possible; 
 48.25     (3) coordinate the department's activities wherever 
 48.26  appropriate with the activities of other governmental agencies; 
 48.27     (4) use technology where appropriate to increase agency 
 48.28  productivity, improve customer service, increase public access 
 48.29  to information about government, and increase public 
 48.30  participation in the business of government; 
 48.31     (5) utilize constructive and cooperative labor-management 
 48.32  practices to the extent otherwise required by chapters 43A and 
 48.33  179A; 
 48.34     (6) include specific objectives in report to the 
 48.35  legislature on the performance report required under section 
 48.36  15.91 to increase the efficiency of agency operations, when 
 49.1   appropriate and the accomplishment of agency goals; and 
 49.2      (7) recommend to the legislature, in the performance report 
 49.3   of the department required under section 15.91, appropriate 
 49.4   changes in law necessary to carry out the mission and improve 
 49.5   the performance of the department. 
 49.6      Sec. 6.  Minnesota Statutes 1996, section 84.027, 
 49.7   subdivision 14, is amended to read: 
 49.8      Subd. 14.  [MISSION; EFFICIENCY.] It is part of the 
 49.9   department's mission that within the department's resources the 
 49.10  commissioner shall endeavor to: 
 49.11     (1) prevent the waste or unnecessary spending of public 
 49.12  money; 
 49.13     (2) use innovative fiscal and human resource practices to 
 49.14  manage the state's resources and operate the department as 
 49.15  efficiently as possible; 
 49.16     (3) coordinate the department's activities wherever 
 49.17  appropriate with the activities of other governmental agencies; 
 49.18     (4) use technology where appropriate to increase agency 
 49.19  productivity, improve customer service, increase public access 
 49.20  to information about government, and increase public 
 49.21  participation in the business of government; 
 49.22     (5) utilize constructive and cooperative labor-management 
 49.23  practices to the extent otherwise required by chapters 43A and 
 49.24  179A; 
 49.25     (6) include specific objectives in report to the 
 49.26  legislature on the performance report required under section 
 49.27  15.91 to increase the efficiency of agency operations when 
 49.28  appropriate and the accomplishment of agency goals; and 
 49.29     (7) recommend to the legislature, in the performance report 
 49.30  of the department required under section 15.91, appropriate 
 49.31  changes in law necessary to carry out the mission and improve 
 49.32  the performance of the department. 
 49.33     Sec. 7.  Minnesota Statutes 1996, section 116.03, 
 49.34  subdivision 2a, is amended to read: 
 49.35     Subd. 2a.  [MISSION; EFFICIENCY.] It is part of the 
 49.36  agency's mission that within the agency's resources the 
 50.1   commissioner and the members of the agency shall endeavor to: 
 50.2      (1) prevent the waste or unnecessary spending of public 
 50.3   money; 
 50.4      (2) use innovative fiscal and human resource practices to 
 50.5   manage the state's resources and operate the agency as 
 50.6   efficiently as possible; 
 50.7      (3) coordinate the agency's activities wherever appropriate 
 50.8   with the activities of other governmental agencies; 
 50.9      (4) use technology where appropriate to increase agency 
 50.10  productivity, improve customer service, increase public access 
 50.11  to information about government, and increase public 
 50.12  participation in the business of government; 
 50.13     (5) utilize constructive and cooperative labor-management 
 50.14  practices to the extent otherwise required by chapters 43A and 
 50.15  179A; 
 50.16     (6) include specific objectives in report to the 
 50.17  legislature on the performance report required under section 
 50.18  15.91 to increase the efficiency of agency operations, when 
 50.19  appropriate and the accomplishment of agency goals; and 
 50.20     (7) recommend to the legislature, in the performance report 
 50.21  of the agency required under section 15.91, appropriate changes 
 50.22  in law necessary to carry out the mission and improve the 
 50.23  performance of the agency. 
 50.24     Sec. 8.  Minnesota Statutes 1996, section 116J.011, is 
 50.25  amended to read: 
 50.26     116J.011 [MISSION.] 
 50.27     The mission of the department of trade and economic 
 50.28  development is to employ all of the available state government 
 50.29  resources to facilitate an economic environment that produces 
 50.30  net new job growth in excess of the national average and to 
 50.31  increase nonresident and resident tourism revenues.  It is part 
 50.32  of the department's mission that within the department's 
 50.33  resources the commissioner shall endeavor to: 
 50.34     (1) prevent the waste or unnecessary spending of public 
 50.35  money; 
 50.36     (2) use innovative fiscal and human resource practices to 
 51.1   manage the state's resources and operate the department as 
 51.2   efficiently as possible; 
 51.3      (3) coordinate the department's activities wherever 
 51.4   appropriate with the activities of other governmental agencies; 
 51.5      (4) use technology where appropriate to increase agency 
 51.6   productivity, improve customer service, increase public access 
 51.7   to information about government, and increase public 
 51.8   participation in the business of government; 
 51.9      (5) utilize constructive and cooperative labor-management 
 51.10  practices to the extent otherwise required by chapters 43A and 
 51.11  179A; 
 51.12     (6) include specific objectives in report to the 
 51.13  legislature on the performance report required under section 
 51.14  15.91 to increase the efficiency of agency operations, when 
 51.15  appropriate and the accomplishment of agency goals; and 
 51.16     (7) recommend to the legislature, in the performance report 
 51.17  of the department required under section 15.91, appropriate 
 51.18  changes in law necessary to carry out the mission and improve 
 51.19  the performance of the department. 
 51.20     Sec. 9.  Minnesota Statutes 1997 Supplement, section 
 51.21  120.0111, is amended to read: 
 51.22     120.0111 [MISSION STATEMENT.] 
 51.23     The mission of public education in Minnesota, a system for 
 51.24  lifelong learning, is to ensure individual academic achievement, 
 51.25  an informed citizenry, and a highly productive work force.  This 
 51.26  system focuses on the learner, promotes and values diversity, 
 51.27  provides participatory decision making, ensures accountability, 
 51.28  models democratic principles, creates and sustains a climate for 
 51.29  change, provides personalized learning environments, encourages 
 51.30  learners to reach their maximum potential, and integrates and 
 51.31  coordinates human services for learners.  The public schools of 
 51.32  this state shall serve the needs of the students by cooperating 
 51.33  with the students' parents and legal guardians to develop the 
 51.34  students' intellectual capabilities and lifework skills in a 
 51.35  safe and positive environment.  It is part of the department's 
 51.36  mission that within the department's resources the commissioner 
 52.1   shall endeavor to: 
 52.2      (1) prevent the waste or unnecessary spending of public 
 52.3   money; 
 52.4      (2) use innovative fiscal and human resource practices to 
 52.5   manage the state's resources and operate the department as 
 52.6   efficiently as possible; 
 52.7      (3) coordinate the department's activities wherever 
 52.8   appropriate with the activities of other governmental agencies; 
 52.9      (4) use technology where appropriate to increase agency 
 52.10  productivity, improve customer service, increase public access 
 52.11  to information about government, and increase public 
 52.12  participation in the business of government; 
 52.13     (5) utilize constructive and cooperative labor-management 
 52.14  practices to the extent otherwise required by chapters 43A and 
 52.15  179A; 
 52.16     (6) include specific objectives in report to the 
 52.17  legislature on the performance report required under section 
 52.18  15.91 to increase the efficiency of agency operations, when 
 52.19  appropriate and the accomplishment of agency goals; and 
 52.20     (7) recommend to the legislature, in the performance report 
 52.21  of the department required under section 15.91, appropriate 
 52.22  changes in law necessary to carry out the mission and improve 
 52.23  the performance of the department. 
 52.24     Sec. 10.  Minnesota Statutes 1996, section 144.05, 
 52.25  subdivision 2, is amended to read: 
 52.26     Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
 52.27  department's mission that within the department's resources the 
 52.28  commissioner shall endeavor to: 
 52.29     (1) prevent the waste or unnecessary spending of public 
 52.30  money; 
 52.31     (2) use innovative fiscal and human resource practices to 
 52.32  manage the state's resources and operate the department as 
 52.33  efficiently as possible; 
 52.34     (3) coordinate the department's activities wherever 
 52.35  appropriate with the activities of other governmental agencies; 
 52.36     (4) use technology where appropriate to increase agency 
 53.1   productivity, improve customer service, increase public access 
 53.2   to information about government, and increase public 
 53.3   participation in the business of government; 
 53.4      (5) utilize constructive and cooperative labor-management 
 53.5   practices to the extent otherwise required by chapters 43A and 
 53.6   179A; 
 53.7      (6) include specific objectives in report to the 
 53.8   legislature on the performance report required under section 
 53.9   15.91 to increase the efficiency of agency operations, when 
 53.10  appropriate and the accomplishment of agency goals; and 
 53.11     (7) recommend to the legislature, in the performance report 
 53.12  of the department required under section 15.91, appropriate 
 53.13  changes in law necessary to carry out the mission and improve 
 53.14  the performance of the department. 
 53.15     Sec. 11.  Minnesota Statutes 1996, section 174.02, 
 53.16  subdivision 1a, is amended to read: 
 53.17     Subd. 1a.  [MISSION; EFFICIENCY.] It is part of the 
 53.18  department's mission that within the department's resources the 
 53.19  commissioner shall endeavor to: 
 53.20     (1) prevent the waste or unnecessary spending of public 
 53.21  money; 
 53.22     (2) use innovative fiscal and human resource practices to 
 53.23  manage the state's resources and operate the department as 
 53.24  efficiently as possible; 
 53.25     (3) coordinate the department's activities wherever 
 53.26  appropriate with the activities of other governmental agencies; 
 53.27     (4) use technology where appropriate to increase agency 
 53.28  productivity, improve customer service, increase public access 
 53.29  to information about government, and increase public 
 53.30  participation in the business of government; 
 53.31     (5) utilize constructive and cooperative labor-management 
 53.32  practices to the extent otherwise required by chapters 43A and 
 53.33  179A; 
 53.34     (6) include specific objectives in report to the 
 53.35  legislature on the performance report required under section 
 53.36  15.91 to increase the efficiency of agency operations, when 
 54.1   appropriate and the accomplishment of agency goals; and 
 54.2      (7) recommend to the legislature, in the performance report 
 54.3   of the department required under section 15.91, appropriate 
 54.4   changes in law necessary to carry out the mission and improve 
 54.5   the performance of the department. 
 54.6      Sec. 12.  Minnesota Statutes 1996, section 175.001, 
 54.7   subdivision 6, is amended to read: 
 54.8      Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
 54.9   department's mission that within the department's resources the 
 54.10  commissioner shall endeavor to: 
 54.11     (1) prevent the waste or unnecessary spending of public 
 54.12  money; 
 54.13     (2) use innovative fiscal and human resource practices to 
 54.14  manage the state's resources and operate the department as 
 54.15  efficiently as possible; 
 54.16     (3) coordinate the department's activities wherever 
 54.17  appropriate with the activities of other governmental agencies; 
 54.18     (4) use technology where appropriate to increase agency 
 54.19  productivity, improve customer service, increase public access 
 54.20  to information about government, and increase public 
 54.21  participation in the business of government; 
 54.22     (5) utilize constructive and cooperative labor-management 
 54.23  practices to the extent otherwise required by chapters 43A and 
 54.24  179A; 
 54.25     (6) include specific objectives in report to the 
 54.26  legislature on the performance report required under section 
 54.27  15.91 to increase the efficiency of agency operations, when 
 54.28  appropriate and the accomplishment of agency goals; and 
 54.29     (7) recommend to the legislature, in the performance report 
 54.30  of the department required under section 15.91, appropriate 
 54.31  changes in law necessary to carry out the mission and improve 
 54.32  the performance of the department. 
 54.33     Sec. 13.  Minnesota Statutes 1996, section 190.09, 
 54.34  subdivision 2, is amended to read: 
 54.35     Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
 54.36  department's mission that within the department's resources the 
 55.1   adjutant general shall endeavor to: 
 55.2      (1) prevent the waste or unnecessary spending of public 
 55.3   money; 
 55.4      (2) use innovative fiscal and human resource practices to 
 55.5   manage the state's resources and operate the department as 
 55.6   efficiently as possible; 
 55.7      (3) coordinate the department's activities wherever 
 55.8   appropriate with the activities of other governmental agencies; 
 55.9      (4) use technology where appropriate to increase agency 
 55.10  productivity, improve customer service, increase public access 
 55.11  to information about government, and increase public 
 55.12  participation in the business of government; 
 55.13     (5) utilize constructive and cooperative labor-management 
 55.14  practices to the extent otherwise required by chapters 43A and 
 55.15  179A; 
 55.16     (6) include specific objectives in report to the 
 55.17  legislature on the performance report required under section 
 55.18  15.91 to increase the efficiency of agency operations, when 
 55.19  appropriate and the accomplishment of agency goals; and 
 55.20     (7) recommend to the legislature, in the performance report 
 55.21  of the department required under section 15.91, appropriate 
 55.22  changes in law necessary to carry out the mission and improve 
 55.23  the performance of the department. 
 55.24     Sec. 14.  Minnesota Statutes 1996, section 196.05, 
 55.25  subdivision 2, is amended to read: 
 55.26     Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
 55.27  department's mission that within the department's resources the 
 55.28  commissioner shall endeavor to: 
 55.29     (1) prevent the waste or unnecessary spending of public 
 55.30  money; 
 55.31     (2) use innovative fiscal and human resource practices to 
 55.32  manage the state's resources and operate the department as 
 55.33  efficiently as possible; 
 55.34     (3) coordinate the department's activities wherever 
 55.35  appropriate with the activities of other governmental agencies; 
 55.36     (4) use technology where appropriate to increase agency 
 56.1   productivity, improve customer service, increase public access 
 56.2   to information about government, and increase public 
 56.3   participation in the business of government; 
 56.4      (5) utilize constructive and cooperative labor-management 
 56.5   practices to the extent otherwise required by chapters 43A and 
 56.6   179A; 
 56.7      (6) include specific objectives in report to the 
 56.8   legislature on the performance report required under section 
 56.9   15.91 to increase the efficiency of agency operations, when 
 56.10  appropriate and the accomplishment of agency goals; and 
 56.11     (7) recommend to the legislature, in the performance report 
 56.12  of the department required under section 15.91, appropriate 
 56.13  changes in law necessary to carry out the mission and improve 
 56.14  the performance of the department. 
 56.15     Sec. 15.  Minnesota Statutes 1996, section 216A.07, 
 56.16  subdivision 6, is amended to read: 
 56.17     Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
 56.18  department's mission that within the department's resources the 
 56.19  commissioner shall endeavor to: 
 56.20     (1) prevent the waste or unnecessary spending of public 
 56.21  money; 
 56.22     (2) use innovative fiscal and human resource practices to 
 56.23  manage the state's resources and operate the department as 
 56.24  efficiently as possible; 
 56.25     (3) coordinate the department's activities wherever 
 56.26  appropriate with the activities of other governmental agencies; 
 56.27     (4) use technology where appropriate to increase agency 
 56.28  productivity, improve customer service, increase public access 
 56.29  to information about government, and increase public 
 56.30  participation in the business of government; 
 56.31     (5) utilize constructive and cooperative labor-management 
 56.32  practices to the extent otherwise required by chapters 43A and 
 56.33  179A; 
 56.34     (6) include specific objectives in report to the 
 56.35  legislature on the performance report required under section 
 56.36  15.91 to increase the efficiency of agency operations, when 
 57.1   appropriate and the accomplishment of agency goals; and 
 57.2      (7) recommend to the legislature, in the performance report 
 57.3   of the department required under section 15.91, appropriate 
 57.4   changes in law necessary to carry out the mission and improve 
 57.5   the performance of the department. 
 57.6      Sec. 16.  Minnesota Statutes 1997 Supplement, section 
 57.7   241.01, subdivision 3b, is amended to read: 
 57.8      Subd. 3b.  [MISSION; EFFICIENCY.] It is part of the 
 57.9   department's mission that within the department's resources the 
 57.10  commissioner shall endeavor to: 
 57.11     (1) prevent the waste or unnecessary spending of public 
 57.12  money; 
 57.13     (2) use innovative fiscal and human resource practices to 
 57.14  manage the state's resources and operate the department as 
 57.15  efficiently as possible; 
 57.16     (3) coordinate the department's activities wherever 
 57.17  appropriate with the activities of other governmental agencies; 
 57.18     (4) use technology where appropriate to increase agency 
 57.19  productivity, improve service to the public, increase public 
 57.20  access to information about government, and increase public 
 57.21  participation in the business of government; 
 57.22     (5) utilize constructive and cooperative labor-management 
 57.23  practices to the extent otherwise required by chapters 43A and 
 57.24  179A; 
 57.25     (6) include specific objectives in report to the 
 57.26  legislature on the performance report required under sections 
 57.27  15.91 and 241.015 to increase the efficiency of agency 
 57.28  operations, when appropriate and the accomplishment of agency 
 57.29  goals; and 
 57.30     (7) recommend to the legislature, in the performance report 
 57.31  of the department required under sections 15.91 and 241.015, 
 57.32  appropriate changes in law necessary to carry out the 
 57.33  mission and improve the performance of the department. 
 57.34     Sec. 17.  Minnesota Statutes 1997 Supplement, section 
 57.35  245.03, subdivision 2, is amended to read: 
 57.36     Subd. 2.  [MISSION; EFFICIENCY.] It is part of the 
 58.1   department's mission that within the department's resources the 
 58.2   commissioner shall endeavor to: 
 58.3      (1) prevent the waste or unnecessary spending of public 
 58.4   money; 
 58.5      (2) use innovative fiscal and human resource practices to 
 58.6   manage the state's resources and operate the department as 
 58.7   efficiently as possible, including the authority to consolidate 
 58.8   different nonentitlement grant programs, having similar 
 58.9   functions or serving similar populations, as may be determined 
 58.10  by the commissioner, while protecting the original purposes of 
 58.11  the programs.  Nonentitlement grant funds consolidated by the 
 58.12  commissioner shall be reflected in the department's biennial 
 58.13  budget.  With approval of the commissioner, vendors who are 
 58.14  eligible for funding from any of the commissioner's granting 
 58.15  authority under section 256.01, subdivision 2, paragraph (1), 
 58.16  clause (f), may submit a single application for a grant 
 58.17  agreement including multiple awards; 
 58.18     (3) coordinate the department's activities wherever 
 58.19  appropriate with the activities of other governmental agencies; 
 58.20     (4) use technology where appropriate to increase agency 
 58.21  productivity, improve customer service, increase public access 
 58.22  to information about government, and increase public 
 58.23  participation in the business of government; 
 58.24     (5) utilize constructive and cooperative labor-management 
 58.25  practices to the extent otherwise required by chapters 43A and 
 58.26  179A; 
 58.27     (6) include specific objectives in report to the 
 58.28  legislature on the performance report required under section 
 58.29  15.91 to increase the efficiency of agency operations, when 
 58.30  appropriate and the accomplishment of agency goals; and 
 58.31     (7) recommend to the legislature, in the performance report 
 58.32  of the department required under section 15.91, appropriate 
 58.33  changes in law necessary to carry out the mission and improve 
 58.34  the performance of the department. 
 58.35     Sec. 18.  Minnesota Statutes 1996, section 268.0122, 
 58.36  subdivision 6, is amended to read: 
 59.1      Subd. 6.  [MISSION; EFFICIENCY.] It is part of the 
 59.2   department's mission that within the department's resources the 
 59.3   commissioner shall endeavor to: 
 59.4      (1) prevent the waste or unnecessary spending of public 
 59.5   money; 
 59.6      (2) use innovative fiscal and human resource practices to 
 59.7   manage the state's resources and operate the department as 
 59.8   efficiently as possible; 
 59.9      (3) coordinate the department's activities wherever 
 59.10  appropriate with the activities of other governmental agencies; 
 59.11     (4) use technology where appropriate to increase agency 
 59.12  productivity, improve customer service, increase public access 
 59.13  to information about government, and increase public 
 59.14  participation in the business of government; 
 59.15     (5) utilize constructive and cooperative labor-management 
 59.16  practices to the extent otherwise required by chapters 43A and 
 59.17  179A; 
 59.18     (6) include specific objectives in report to the 
 59.19  legislature on the performance report required under section 
 59.20  15.91 to increase the efficiency of agency operations, when 
 59.21  appropriate and the accomplishment of agency goals; and 
 59.22     (7) recommend to the legislature, in the performance report 
 59.23  of the department required under section 15.91, appropriate 
 59.24  changes in law necessary to carry out the mission and improve 
 59.25  the performance of the department. 
 59.26     Sec. 19.  Minnesota Statutes 1996, section 270.02, 
 59.27  subdivision 3a, is amended to read: 
 59.28     Subd. 3a.  [MISSION; EFFICIENCY.] It is part of the 
 59.29  department's mission that within the department's resources the 
 59.30  commissioner shall endeavor to: 
 59.31     (1) prevent the waste or unnecessary spending of public 
 59.32  money; 
 59.33     (2) use innovative fiscal and human resource practices to 
 59.34  manage the state's resources and operate the department as 
 59.35  efficiently as possible; 
 59.36     (3) coordinate the department's activities wherever 
 60.1   appropriate with the activities of other governmental agencies; 
 60.2      (4) use technology where appropriate to increase agency 
 60.3   productivity, improve customer service, increase public access 
 60.4   to information about government, and increase public 
 60.5   participation in the business of government; 
 60.6      (5) utilize constructive and cooperative labor-management 
 60.7   practices to the extent otherwise required by chapters 43A and 
 60.8   179A; 
 60.9      (6) include specific objectives in report to the 
 60.10  legislature on the performance report required under section 
 60.11  15.91 to increase the efficiency of agency operations, when 
 60.12  appropriate and the accomplishment of agency goals; and 
 60.13     (7) recommend to the legislature, in the performance report 
 60.14  of the department required under section 15.91, appropriate 
 60.15  changes in law necessary to carry out the mission and improve 
 60.16  the performance of the department. 
 60.17     Sec. 20.  Minnesota Statutes 1996, section 299A.01, 
 60.18  subdivision 1a, is amended to read: 
 60.19     Subd. 1a.  [MISSION; EFFICIENCY.] It is part of the 
 60.20  department's mission that within the department's resources the 
 60.21  commissioner shall endeavor to: 
 60.22     (1) prevent the waste or unnecessary spending of public 
 60.23  money; 
 60.24     (2) use innovative fiscal and human resource practices to 
 60.25  manage the state's resources and operate the department as 
 60.26  efficiently as possible; 
 60.27     (3) coordinate the department's activities wherever 
 60.28  appropriate with the activities of other governmental agencies; 
 60.29     (4) use technology where appropriate to increase agency 
 60.30  productivity, improve customer service, increase public access 
 60.31  to information about government, and increase public 
 60.32  participation in the business of government; 
 60.33     (5) utilize constructive and cooperative labor-management 
 60.34  practices to the extent otherwise required by chapters 43A and 
 60.35  179A; 
 60.36     (6) include specific objectives in report to the 
 61.1   legislature on the performance report required under section 
 61.2   15.91 to increase the efficiency of agency operations, when 
 61.3   appropriate and the accomplishment of agency goals; and 
 61.4      (7) recommend to the legislature, in the performance report 
 61.5   of the department required under section 15.91, appropriate 
 61.6   changes in law necessary to carry out the mission and improve 
 61.7   the performance of the department. 
 61.8      Sec. 21.  Minnesota Statutes 1996, section 363.05, 
 61.9   subdivision 3, is amended to read: 
 61.10     Subd. 3.  [MISSION; EFFICIENCY.] It is part of the 
 61.11  department's mission that within the department's resources the 
 61.12  commissioner shall endeavor to: 
 61.13     (1) prevent the waste or unnecessary spending of public 
 61.14  money; 
 61.15     (2) use innovative fiscal and human resource practices to 
 61.16  manage the state's resources and operate the department as 
 61.17  efficiently as possible; 
 61.18     (3) coordinate the department's activities wherever 
 61.19  appropriate with the activities of other governmental agencies; 
 61.20     (4) use technology where appropriate to increase agency 
 61.21  productivity, improve customer service, increase public access 
 61.22  to information about government, and increase public 
 61.23  participation in the business of government; 
 61.24     (5) utilize constructive and cooperative labor-management 
 61.25  practices to the extent otherwise required by chapters 43A and 
 61.26  179A; 
 61.27     (6) include specific objectives in report to the 
 61.28  legislature on the performance report required under section 
 61.29  15.91 to increase the efficiency of agency operations, when 
 61.30  appropriate and the accomplishment of agency goals; and 
 61.31     (7) recommend to the legislature, in the performance report 
 61.32  of the department required under section 15.91, appropriate 
 61.33  changes in law necessary to carry out the mission and improve 
 61.34  the performance of the department. 
 61.35     Sec. 22.  [EFFECTIVE DATE.] 
 61.36     Sections 1 to 21 are effective the day following final 
 62.1   enactment.