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SF 2489

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to state government; modifying state government administration and
operations; creating the Center for Health Care Purchasing Improvement;
providing for certain employment leave; providing for higher education fairness;
providing for a post employment benefit fund for the city of Duluth; creating a
task force; requiring reports; amending Minnesota Statutes 2004, sections 3.9225,
subdivision 5; 16A.11, subdivision 3; 16A.86, by adding a subdivision; 16C.02,
subdivisions 4, 12, 14, by adding subdivisions; 16C.03, subdivisions 3, 4, 8, 13,
16; 16C.04, subdivisions 1, 2; 16C.05, subdivisions 1, 2, 5; 16C.08, subdivision
2, by adding a subdivision; 43A.08, subdivision 1a; 43A.17, subdivision 4;
43A.316, subdivision 3; 145.925, by adding a subdivision; 181.9413; 270B.14,
by adding a subdivision; Minnesota Statutes 2005 Supplement, sections 10.60,
subdivision 3; 16C.09; 16C.10, subdivision 7; 43A.346, subdivision 1; 192.502,
by adding subdivisions; proposing coding for new law in Minnesota Statutes,
chapters 10; 16A; 16B; 16C; 16E; 43A; 181; 197; 353; repealing Minnesota
Statutes 2004, sections 116R.02, subdivision 7; 116R.16.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section. 1.

Minnesota Statutes 2004, section 3.9225, subdivision 5, is amended to read:


Subd. 5.

Powers.

The council may contract in its own name, but no money shall be
accepted or received as a loan nor indebtedness incurred except as otherwise provided
by law. Contracts shall be approved by a majority of the members of the council and
executed by the chair and the executive director. The council may apply for, receive, and
expend in its own name grants and gifts of money consistent with the power and duties
specified in subdivisions 1 to 7.

The council shall appoint an executive director who is experienced in administrative
activities and familiar with the problems and needs of Black people. The council may
delegate to the executive director powers and duties under subdivisions 1 to 7 which do
not require council approval. The executive director serves in the unclassified service and
may be removed at any time by the council. The executive director shall recommend
to the council, and the council may appoint the appropriate staff necessary to carry
out its duties. Staff members serve in the unclassified service. The commissioner of
administration shall deleted text begin provide the council withdeleted text end new text begin performnew text end necessary administrative servicesnew text begin
for the council, including, but not limited to, payroll, purchasing, budgeting, and computer
support functions
new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [10.49] EMPLOYEE RECOGNITION; GIFT CERTIFICATES.
new text end

new text begin A state employer that has an employee recognition program that awards gifts to its
employees based on years of service must allow the employees the option of choosing
a gift certificate of equivalent value from the Minnesota Historical Society for use in
a historical society store or the online store. For the purposes of this section, "state
employer" means any state department, office, board, commission, authority, legislative
office, judicial office, and the Metropolitan Council.
new text end

Sec. 3.

Minnesota Statutes 2005 Supplement, section 10.60, subdivision 3, is amended
to read:


Subd. 3.

Prohibitions.

(a) A Web site or publication must not include pictures
or other materials that tend to attribute the Web site or publication to an individual or
group of individuals instead of to a public office, state agency, or political subdivision.
A publication must not include the words "with the compliments of" or contain letters
of personal greeting that promote an elected or appointed official of a state agency or
political subdivision.

(b) A Web site may not contain a link to a Weblog or site maintained by a candidate,
a political committee, a political party or party unit, a principal campaign committee, or a
state committee. Terms used in this paragraph have the meanings given them in chapter
10A, except that "candidate" also includes a candidate for an elected office of a political
subdivision.new text begin This paragraph does not apply to a Web site maintained by a public library or
by a school district if the link is provided only for nonpartisan and educational purposes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 4.

Minnesota Statutes 2004, section 16A.11, subdivision 3, is amended to read:


Subd. 3.

Part two: detailed budget.

(a) Part two of the budget, the detailed budget
estimates both of expenditures and revenues, must contain any statements on the financial
plan which the governor believes desirable or which may be required by the legislature.
The detailed estimates shall include the governor's budget arranged in tabular form.

(b) Tables listing expenditures for the next biennium must show the appropriation
base for each year. The appropriation base is the amount appropriated for the second
year of the current biennium. The tables must separately show any adjustments to the
base required by current law or policies of the commissioner of finance. For forecasted
programs, the tables must also show the amount of the forecast adjustments, based on the
most recent forecast prepared by the commissioner of finance under section 16A.103. For
all programs, the tables must show the amount of appropriation changes recommended
by the governor, after adjustments to the base and forecast adjustments, and the total
recommendation of the governor for that year.

(c) The detailed estimates must include a separate line listing the total cost of
professional and technical service contracts for the prior biennium and the projected
costs of those contracts for the current and upcoming biennium. They must also include
deleted text begin a summary of the personnel employed by the agency, reflected asdeleted text end new text begin the number of new text end full-time
equivalent positionsnew text begin in each agency program for the current biennium and the projected
number of full-time equivalent positions in each agency program for the upcoming
biennium
new text end .

(d) The detailed estimates for internal service funds must include the number of
full-time equivalents by program; detail on any loans from the general fund, including
dollar amounts by program; proposed investments in technology or equipment of $100,000
or more; an explanation of any operating losses or increases in retained earnings; and a
history of the rates that have been charged, with an explanation of any rate changes and
the impact of the rate changes on affected agencies.

Sec. 5.

Minnesota Statutes 2004, section 16A.86, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Grant administration. new text end

new text begin The commissioner may administer capital grants if
requested by another executive agency. The commissioner will work in collaboration with
the agency that made the request to ensure that program needs of the grant are addressed.
new text end

Sec. 6.

new text begin [16A.89] GRANTS MANAGEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Grant. new text end

new text begin (a) A grant is a written instrument or electronic document
defining a legal relationship between a sponsor and a recipient when the principal purpose
of the relationship is to transfer cash or a thing of value to the recipient to support a public
purpose authorized by law instead of acquiring property or services, by professional or
technical contract, purchase, lease, or barter, for the direct benefit or use of the sponsor.
new text end

new text begin (b) This section does not apply to capital project grants to political subdivisions, as
defined by section 16A.86.
new text end

new text begin Subd. 2. new text end

new text begin Ethical practices and conflict of interest. new text end

new text begin An employee of the executive
branch involved directly or indirectly in a grant process, at any level, is subject to the
code of ethics in section 43A.38.
new text end

new text begin Subd. 3. new text end

new text begin Conflict of interest policy development. new text end

new text begin (a) The commissioner must
develop a code of ethics and policies regarding conflicts of interest that are designed to
prevent conflicts of interest for employees involved in the award and administration of
grants. The policies must apply to employees who are directly or indirectly involved in
developing requests for proposals, evaluating proposals, awarding grants, drafting and
entering into grant agreements, amending or revising grants, evaluating performance
under these grants, and authorizing payments under the grant.
new text end

new text begin (b) The policies must include:
new text end

new text begin (1) a process for making employees aware of policy and laws relating to conflict of
interest, and training for employees on how to avoid and address potential conflicts;
new text end

new text begin (2) a process under which an employee who has a conflict of interest or a potential
conflict of interest must disclose the matter; and
new text end

new text begin (3) a process under which work on the grant may be assigned to another employee if
possible.
new text end

new text begin Subd. 4. new text end

new text begin Reporting of violations. new text end

new text begin A state employee who discovers evidence
of a violation of laws or rules governing grants is encouraged to report the violation
or suspected violation to the employee's supervisor, the commissioner, the director,
or the legislative auditor. The legislative auditor shall report to the Legislative Audit
Commission if there are multiple complaints about the same agency. The auditor's report
to the Legislative Audit Commission under this section must disclose only the number and
type of violations alleged. An employee making a good-faith report under this section is
covered by section 181.932.
new text end

new text begin Subd. 5. new text end

new text begin Creation and validity of grant agreements. new text end

new text begin (a) A grant agreement is not
fully executed and the state is not bound by the grant unless:
new text end

new text begin (1) the grant has been executed by the head of the agency or a delegate who is
a party to the grant; and
new text end

new text begin (2) the accounting system shows an encumbrance for the amount of the grant.
new text end

new text begin (b) The combined grant agreement and amendments must not exceed five years
without specific, written approval by the commissioner according to established policy,
procedures, and standards, or unless the commissioner determines that a longer duration is
in the best interest of the state.
new text end

new text begin (c) A fully executed copy of every grant agreement, amendments to the grant, and
other required records relating to the grant must be kept on file at the granting agency for a
period of time equal to that required for grantees in subdivision 7, paragraph (a).
new text end

new text begin (d) The attorney general may periodically review and evaluate a sample of state
agency grants to ensure compliance with applicable laws.
new text end

new text begin Subd. 6. new text end

new text begin Grant administration. new text end

new text begin A granting agency shall diligently administer
and monitor any grant it has entered into.
new text end

new text begin Subd. 7. new text end

new text begin Audit. new text end

new text begin (a) A grant agreement made by an executive agency or any unit of
local government must include, expressed or implied, an audit clause that provides that
the books, records, documents, and accounting procedures and practices of the grantee or
other party that are relevant to the grant or transaction are subject to examination by the
granting agency and either the legislative auditor or the state auditor, as appropriate, for a
minimum of four years from the grant agrement end date or receipt and approval of all
final reports, whichever is later.
new text end

new text begin (b) If the granting agency is a local unit of government, and the governing body of
the local unit of government requests that the state auditor examine the books, records,
documents, and accounting procedures and practices of the grantee or other party
according to this subdivision, the granting agency is liable for the cost of the examination.
If the granting agency is a local unit of government, and the grantee or other party requests
that the state auditor examine all books, records, documents, and accounting procedures
and practices related to the grant, the grantee or other party that requested the examination
is liable for the costs of the examination.
new text end

new text begin Subd. 8. new text end

new text begin Authority of attorney general. new text end

new text begin The attorney general may pursue
remedies available by law to avoid the obligation of an agency to pay under a grant or to
recover payments made if activities under the grant are so unsatisfactory, incomplete, or
inconsistent that payment would involve unjust enrichment. The contrary opinion of the
granting agency does not affect the power of the attorney general under this subdivision.
new text end

new text begin Subd. 9. new text end

new text begin Grants with Indian tribes and bands. new text end

new text begin Notwithstanding any other law, an
agency may not require an Indian tribe or band to deny its sovereignty as a requirement or
condition of a grant with an agency.
new text end

Sec. 7.

new text begin [16B.277] FORD BUILDING.
new text end

new text begin The commissioner of administration must maintain and stabilize the Ford Building
at 117 University Avenue in St. Paul.
new text end

Sec. 8.

new text begin [16C.011] APPLICABILITY.
new text end

new text begin Nothing in this chapter applies to grants under section 16A.86.
new text end

Sec. 9.

Minnesota Statutes 2004, section 16C.02, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Best and final offer. new text end

new text begin "Best and final offer" means an optional step in
the solicitation process in which responders are requested to improve their response by
methods including, but not limited to, the reduction of cost, clarification or modification of
the response, or the provision of additional information.
new text end

Sec. 10.

Minnesota Statutes 2004, section 16C.02, subdivision 4, is amended to read:


Subd. 4.

Best value.

"Best value" describes a result intended in the acquisition of all
goods and services. Price must be one of the evaluation criteria when acquiring goods
and services. Other evaluation criteria may include, but are not limited to, environmental
considerations, quality, and vendor performance.new text begin In achieving "best value" strategic
sourcing tools, including, but not limited to, best and final offers, negotiations, contract
consolidation, product standardization, and mandatory-use enterprise contracts may be
used at the commissioner's discretion.
new text end

Sec. 11.

Minnesota Statutes 2004, section 16C.02, is amended by adding a subdivision
to read:


new text begin Subd. 6a. new text end

new text begin Enterprise procurement. new text end

new text begin "Enterprise procurement" means the process
undertaken by the commissioner to leverage economies of scale of multiple end users to
achieve cost savings and other favorable terms in contracts for goods and services.
new text end

Sec. 12.

Minnesota Statutes 2004, section 16C.02, subdivision 12, is amended to read:


Subd. 12.

Request for proposal or RFP.

"Request for proposal" or "RFP" means a
solicitation in which it is not advantageous to set forth all the actual, detailed requirements
at the time of solicitation and responses are deleted text begin subject to negotiationdeleted text end new text begin negotiated to achieve
best value for the state
new text end .

Sec. 13.

Minnesota Statutes 2004, section 16C.02, subdivision 14, is amended to read:


Subd. 14.

Response.

"Response" means the offer received from a vendor in
response to a solicitation. A response includes submissions commonly referred to as
"offers," new text begin "best and final offers," new text end "bids," "quotes," or "proposals."

Sec. 14.

Minnesota Statutes 2004, section 16C.02, is amended by adding a subdivision
to read:


new text begin Subd. 20. new text end

new text begin Strategic sourcing. new text end

new text begin "Strategic sourcing" means methods used to analyze
and reduce spending on goods and services including, but not limited to, spending
analysis, product standardization, contract consolidation, multiple jurisdiction purchasing
alliances, reverse auctions, lifecycle costing, and other techniques.
new text end

Sec. 15.

Minnesota Statutes 2004, section 16C.03, subdivision 3, is amended to read:


Subd. 3.

Acquisition authority.

The commissioner shall acquire all goods, services,
and utilities needed by agencies. The commissioner shall acquire goods, services, and
utilities by requests for bids, requests for proposals, reverse auctions as provided in
section 16C.10, subdivision 7, or other methods provided by law, unless a section of
law requires a particular method of acquisition to be used. The commissioner shall
make all decisions regarding acquisition activities. The determination of the acquisition
method and all decisions involved in the acquisition process, unless otherwise provided
for by law, shall be based on best value which includes an evaluation of price and may
include other considerations including, but not limited to, environmental considerations,
quality, and vendor performance. new text begin In achieving best value, the commissioner may employ
methods including best and final offers, negotiations, contract consolidation, product
standardization, mandatory-use contracts, total cost of ownership assessments, and other
strategic sourcing techniques. The commissioner shall engage in enterprise procurements
to the extent practicable.
new text end A best value determination must be based on the evaluation
criteria detailed in the solicitation document. If criteria other than price are used, the
solicitation document must state the relative importance of price and other factors. new text begin For all
systems integration projects that exceed $500,000 in cost:
new text end

new text begin (1) contract awards must be based on the proposal that provides best value to the
state's requirements, as determined by the evaluation criteria contained in the solicitation
document; and
new text end

new text begin (2) the evaluation criteria for the selection of a contractor must be objective and
not limited to cost alone.
new text end

Unless it is determined by the commissioner that an alternative solicitation method
provided by law should be used to determine best value, a request for bid must be used to
solicit formal responses for all building and construction contracts. Any or all responses
may be rejected. When using the request for bid process, the bid must be awarded to
the lowest responsive and responsible bidder, taking into consideration conformity with
the specifications, terms of delivery, the purpose for which the contract or purchase is
intended, the status and capability of the vendor, and other considerations imposed in the
request for bids. The commissioner may decide which is the lowest responsible bidder
for all purchases and may use the principles of life-cycle costing, where appropriate, in
determining the lowest overall bid. The duties set forth in this subdivision are subject to
delegation pursuant to this section.

Sec. 16.

Minnesota Statutes 2004, section 16C.03, subdivision 4, is amended to read:


Subd. 4.

Contracting authority.

The commissioner shall conduct all contracting by,
for, and between agencies and perform all contract management and review functions for
contracts, except those functions specifically delegated to be performed by the contracting
agency, the attorney general, or otherwise provided for by law.new text begin The commissioner must
involve agency staff and agency staff must participate in the development of enterprise
procurements including the development of product standards, specifications, and other
requirements.
new text end

Sec. 17.

Minnesota Statutes 2004, section 16C.03, subdivision 8, is amended to read:


Subd. 8.

Policy and procedures.

The commissioner is authorized to issue policies,
procedures, and standards applicable to all acquisition activities by and for agencies.new text begin
Consistent with the authority specified in this chapter, the commissioner shall develop
and implement policies, procedures, and standards ensuring the optimal use of strategic
sourcing techniques.
new text end

Sec. 18.

Minnesota Statutes 2004, section 16C.03, subdivision 13, is amended to read:


Subd. 13.

Central stores.

The commissioner is authorized to provide agencies with
supplies and equipment and operate all central stores and supply rooms serving more
than one agency.new text begin The commissioner may require agency use of this service if consistent
with "best value."
new text end

Sec. 19.

Minnesota Statutes 2004, section 16C.03, subdivision 16, is amended to read:


Subd. 16.

Delegation of duties.

The commissioner may delegate duties imposed by
this chapter to the head of an agency and to any subordinate of the agency head. Delegated
duties shall be exercised in the name of the commissioner and under the commissioner's
direct supervision and control. A delegation of duties may include, but is not limited to,
allowing individuals within agencies to acquire goods, services, and utilities within dollar
limitations and for designated types of acquisitions. Delegation of contract management
and review functions must be filed with the secretary of state and may not, except with
respect to delegations within the Department of Administration, exceed two years in
duration. The commissioner may withdraw any delegation at the commissioner's sole
discretion.new text begin The commissioner may require an agency head or subordinate to accept
delegated responsibility to procure goods or services intended for the exclusive use of the
agency receiving the delegation.
new text end

Sec. 20.

Minnesota Statutes 2004, section 16C.04, subdivision 1, is amended to read:


Subdivision 1.

Duty.

An employee of the executive branch involved directly or
indirectly in the acquisition deleted text begin or grantsdeleted text end process, at any level, is subject to the code of ethics
in section 43A.38.

Sec. 21.

Minnesota Statutes 2004, section 16C.04, subdivision 2, is amended to read:


Subd. 2.

Conflict of interest policy development.

(a) The commissioner must
develop policies regarding code of ethics and conflict of interest designed to prevent
conflicts of interest for employees involved in the acquisition of goods, services, and
utilities deleted text begin or the award and administration of grant contractsdeleted text end . The policies must apply to
employees who are directly or indirectly involved in the acquisition of goods, services,
and utilities, developing requests for proposals, evaluating bids or proposals, awarding
the contract, selecting the final vendor, drafting and entering into contracts, evaluating
performance under these contracts, and authorizing payments under the contract.

(b) The policies must contain a process for making employees aware of policy and
laws relating to conflict of interest, and for training employees on how to avoid and deal
with potential conflicts.

(c) The policies must contain a process under which an employee who has a conflict
of interest or a potential conflict of interest must disclose the matter, and a process under
which work on the contract may be assigned to another employee if possible.

Sec. 22.

Minnesota Statutes 2004, section 16C.05, subdivision 1, is amended to read:


Subdivision 1.

Agency cooperation.

Agencies shall fully cooperate with the
commissioner in the management and review of state contractsnew text begin and in the development
and implementation of strategic sourcing techniques
new text end .

Sec. 23.

Minnesota Statutes 2004, section 16C.05, subdivision 2, is amended to read:


Subd. 2.

Creation and validity of contracts.

(a) A contract is not valid and the state
is not bound by it and no agency, without the prior written approval of the commissioner
granted pursuant to subdivision 2a, may authorize work to begin on it unless:

(1) it has first been executed by the head of the agency or a delegate who is a party
to the contract;

(2) it has been approved by the commissioner; and

(3) the accounting system shows an encumbrance for the amount of the contract
liabilitynew text begin , except as allowed by policy approved by the commissioner and the commissioner
of finance for routine, low-dollar procurements
new text end .

(b) The combined contract and amendments must not exceed five years without
specific, written approval by the commissioner according to established policy, procedures,
and standards, or unless otherwise provided for by law. The term of the original contract
must not exceed two years unless the commissioner determines that a longer duration is
in the best interest of the state.

(c) deleted text begin Grants,deleted text end Interagency agreements, purchase orders, work orders, and annual plans
need not, in the discretion of the commissioner and attorney general, require the signature
of the commissioner and/or the attorney general. A signature is not required for work
orders and amendments to work orders related to Department of Transportation contracts.
Bond purchase agreements by the Minnesota Public Facilities Authority do not require
the approval of the commissioner.

(d) Amendments to contracts must entail tasks that are substantially similar to
those in the original contract or involve tasks that are so closely related to the original
contract that it would be impracticable for a different contractor to perform the work. The
commissioner or an agency official to whom the commissioner has delegated contracting
authority under section 16C.03, subdivision 16, must determine that an amendment would
serve the interest of the state better than a new contract and would cost no more.

(e) A fully executed copy of every contract, amendments to the contract, and
performance evaluations relating to the contract must be kept on file at the contracting
agency for a time equal to that specified for contract vendors and other parties in
subdivision 5.

(f) The attorney general must periodically review and evaluate a sample of state
agency contracts to ensure compliance with laws.

Sec. 24.

Minnesota Statutes 2004, section 16C.05, subdivision 5, is amended to read:


Subd. 5.

Subject to audit.

A contract or any pass-through disbursement of public
funds to a vendor of goods or services deleted text begin or a granteedeleted text end made by or under the supervision of
the commissioner or any county or unit of local government must include, expressed or
implied, an audit clause that provides that the books, records, documents, and accounting
procedures and practices of the vendor or other party, that are relevant to the contract
or transaction, are subject to examination by the contracting agency and either the
legislative auditor or the state auditor, as appropriate, for a minimum of six years. If the
contracting agency is a local unit of government, and the governing body of the local unit
of government requests that the state auditor examine the books, records, documents,
and accounting procedures and practices of the vendor or other party pursuant to this
subdivision, the contracting agency shall be liable for the cost of the examination. If the
contracting agency is a local unit of government, and the deleted text begin grantee,deleted text end vendordeleted text begin ,deleted text end or other party
requests that the state auditor examine all books, records, documents, and accounting
procedures and practices related to the contract, the grantee, vendor, or other party that
requested the examination shall be liable for the cost of the examination. An agency
contract made for purchase, lease, or license of software and data from the state is not
required to contain this audit clause.

Sec. 25.

Minnesota Statutes 2004, section 16C.08, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Enterprise procurement process. new text end

new text begin Notwithstanding section 15.061 or
any other law, the commissioner shall, to the fullest extent practicable, conduct enterprise
procurements that result in the establishment of professional or technical contracts for use
by multiple state agencies. The commissioner may mandate use of any contract entered
into as a result of an enterprise procurement process. Agencies shall fully cooperate in the
development and use of contracts entered into under this section.
new text end

Sec. 26.

Minnesota Statutes 2004, section 16C.08, subdivision 2, is amended to read:


Subd. 2.

Duties of contracting agency.

(a) Before an agency may seek approval of
a professional or technical services contract valued in excess of $5,000, it must provide
the following:

(1) a description of how the proposed contract or amendment is necessary and
reasonable to advance the statutory mission of the agency;

(2) a description of the agency's plan to notify firms or individuals who may be
available to perform the services called for in the solicitation; deleted text begin and
deleted text end

(3) a description of the performance measures or other tools that will be used to
monitor and evaluate contract performancedeleted text begin .deleted text end new text begin ; and
new text end

new text begin (4) an explanation detailing, if applicable, why this procurement is being pursued
unilaterally by the agency and not as an enterprise procurement.
new text end

(b) In addition to paragraph (a), the agency must certify that:

(1) no current state employee is able and available to perform the services called
for by the contract;

(2) the normal competitive bidding mechanisms will not provide for adequate
performance of the services;

(3) reasonable efforts will be made to publicize the availability of the contract to
the public;

(4) the agency will develop and implement a written plan providing for the
assignment of specific agency personnel to manage the contract, including a monitoring
and liaison function, the periodic review of interim reports or other indications of past
performance, and the ultimate utilization of the final product of the services;

(5) the agency will not allow the contractor to begin work before the contract is fully
executed unless an exception under section 16C.05, subdivision 2a, has been granted by
the commissioner and funds are fully encumbered;

(6) the contract will not establish an employment relationship between the state or
the agency and any persons performing under the contract; and

(7) in the event the results of the contract work will be carried out or continued by
state employees upon completion of the contract, the contractor is required to include
state employees in development and training, to the extent necessary to ensure that after
completion of the contract, state employees can perform any ongoing work related to
the same function.

(c) A contract establishes an employment relationship for purposes of paragraph (b),
clause (6), if, under federal laws governing the distinction between an employee and an
independent contractor, a person would be considered an employee.

Sec. 27.

Minnesota Statutes 2005 Supplement, section 16C.09, is amended to read:


16C.09 PROCEDURE FOR SERVICE CONTRACTS.

(a) Before entering into or approving a service contractnew text begin valued in excess of $5,000new text end ,
the commissioner must determine, at least, that:

(1) no current state employee is able and available to perform the services called
for by the contract;

(2) the work to be performed under the contract is necessary to the agency's
achievement of its statutory responsibilities and there is statutory authority to enter into
the contract;

(3) the contract will not establish an employment relationship between the state or
the agency and any persons performing under the contract;

(4) the contractor and agents are not employees of the state;

(5) the contracting agency has specified a satisfactory method of evaluating and
using the results of the work to be performed; and

(6) the combined contract and amendments will not exceed five years without
specific, written approval by the commissioner according to established policy, procedures,
and standards, or unless otherwise provided for by law. The term of the original contract
must not exceed two years, unless the commissioner determines that a longer duration is
in the best interest of the state.

(b) For purposes of paragraph (a), clause (1), employees are available if qualified
and:

(1) are already doing the work in question; or

(2) are on layoff status in classes that can do the work in question.

An employee is not available if the employee is doing other work, is retired, or has decided
not to do the work in question.

(c) This section does not apply to an agency's use of inmates pursuant to sections
241.20 to 241.23 or to an agency's use of persons required by a court to provide:

(1) community service; or

(2) conservation or maintenance services on lands under the jurisdiction and control
of the state.

Sec. 28.

Minnesota Statutes 2005 Supplement, section 16C.10, subdivision 7, is
amended to read:


Subd. 7.

Reverse auction.

(a) For the purpose of this subdivision, "reverse auction"
means a purchasing process in which vendors compete to provide goods or deleted text begin computerdeleted text end
services at the lowest selling price in an open and interactive environment.new text begin Reverse
auctions may not be utilized to procure architectural or engineering design services or to
establish building and construction contracts under sections 16C.26 to 16C.29.
new text end

(b) The provisions of sections 13.591, subdivision 3, and 16C.06, subdivision 2,
do not apply when the commissioner determines that a reverse auction is the appropriate
purchasing process.

Sec. 29.

new text begin [16E.21] INFORMATION AND TELECOMMUNICATIONS
ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Account established; appropriation. new text end

new text begin The information and
telecommunications technology systems and services account is created in the special
revenue fund. Funds deposited in the account are appropriated to the Office of Enterprise
Technology to defray the costs of personnel and technology for activities that create
government efficiencies in accordance with this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Charges. new text end

new text begin Upon agreement of the participating agency, a charge may
be collected by the Office of Enterprise Technology for purchases of information and
telecommunications technology systems and services by state agencies and other
governmental entities through state contracts for purposes described in subdivision
1. Charges collected under this section must be credited to the information and
telecommunications technology systems and services account.
new text end

Sec. 30.

Minnesota Statutes 2004, section 43A.08, subdivision 1a, is amended to read:


Subd. 1a.

Additional unclassified positions.

Appointing authorities for the
following agencies may designate additional unclassified positions according to this
subdivision: the Departments of Administration; Agriculture; Commerce; Corrections;
Education; Employee Relations; Employment and Economic Development; Finance;
Health; Human Rights; Labor and Industry; Natural Resources; Public Safety; Human
Services; Revenue; Transportation; and Veterans Affairs; the Housing Finance and
Pollution Control Agencies; the State Lottery; the state Board of Investment; new text begin the Office of
Enterprise Technology;
new text end the Office of Administrative Hearings; the Office of Environmental
Assistance; the Offices of the Attorney General, Secretary of State, and State Auditor;
the Minnesota State Colleges and Universities; the Higher Education Services Office; the
Perpich Center for Arts Education; and the Minnesota Zoological Board.

A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:

(1) the designation of the position would not be contrary to other law relating
specifically to that agency;

(2) the person occupying the position would report directly to the agency head or
deputy agency head and would be designated as part of the agency head's management
team;

(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;

(4) the duties of the position would not require primarily personnel, accounting, or
other technical expertise where continuity in the position would be important;

(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;

(6) the position would be at the level of division or bureau director or assistant
to the agency head; and

(7) the commissioner has approved the designation as being consistent with the
standards and criteria in this subdivision.

Sec. 31.

Minnesota Statutes 2004, section 43A.17, subdivision 4, is amended to read:


Subd. 4.

Exceptions.

(a) The commissioner may without regard to subdivision 1
establish special salary rates and plans of compensation designed to attract and retain
exceptionally qualified doctors of medicinenew text begin and doctors of dental surgerynew text end . These rates
and plans shall be included in the commissioner's plan. In establishing salary rates and
eligibility for nomination for payment at special rates, the commissioner shall consider the
standards of eligibility established by national medical specialty boards where appropriate.
The incumbents assigned to these special ranges shall be excluded from the collective
bargaining process.

(b) The commissioner may without regard to subdivision 1, but subject to collective
bargaining agreements or compensation plans, establish special salary rates designed to
attract and retain exceptionally qualified employees in the following positions:

(1) information systems staff;

(2) actuaries in the Departments of Health, Human Services, and Commerce; and

(3) epidemiologists in the Department of Health.

Sec. 32.

new text begin [43A.312] CENTER FOR HEALTH CARE PURCHASING
IMPROVEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; administration. new text end

new text begin The commissioner shall establish
and administer the Center for Health Care Purchasing Improvement as an administrative
unit within the Department of Employee Relations. The Center for Health Care Purchasing
Improvement shall support the state in its efforts to be a more prudent and efficient
purchaser of quality health care services. The center shall aid the state in developing and
using more common strategies and approaches for health care performance measurement
and health care purchasing. The common strategies and approaches must promote greater
transparency of health care costs and quality, and greater accountability for health
care results and improvement. The center shall also identify barriers to more efficient,
effective, quality health care and options for overcoming the barriers.
new text end

new text begin Subd. 2. new text end

new text begin Staffing; duties; scope. new text end

new text begin (a) The commissioner may appoint a director, and
up to three additional senior-level staff or codirectors, and other staff as needed who are
under the direction of the commissioner. The staff of the center are in the unclassified
service.
new text end

new text begin (b) With the authorization of the commissioner of employee relations, and in
consultation or interagency agreement with the appropriate commissioners of state
agencies, the director, or codirectors, may:
new text end

new text begin (1) initiate projects to develop plan designs for state health care purchasing;
new text end

new text begin (2) require reports or surveys to evaluate the performance of current health care
purchasing strategies;
new text end

new text begin (3) calculate fiscal impacts, including net savings and return on investment, of health
care purchasing strategies and initiatives;
new text end

new text begin (4) conduct policy audits of state programs to measure conformity to state statute or
other purchasing initiatives or objectives;
new text end

new text begin (5) support the Administrative Uniformity Committee under section 62J.50 and
other relevant groups or activities to advance agreement on health care administrative
process streamlining;
new text end

new text begin (6) consult with the Health Economics Unit of the Department of Health regarding
reports and assessments of the health care marketplace;
new text end

new text begin (7) consult with the Departments of Health and Commerce regarding health care
regulatory issues and legislative initiatives;
new text end

new text begin (8) work with appropriate Department of Human Services staff and the Centers for
Medicare and Medicaid Services to address federal requirements and conformity issues
for health care purchasing;
new text end

new text begin (9) assist the Minnesota Comprehensive Health Association in health care
purchasing strategies;
new text end

new text begin (10) convene medical directors of agencies engaged in health care purchasing for
advice, collaboration, and exploring possible synergies;
new text end

new text begin (11) contact and participate with other relevant health care task forces, study
activities, and similar efforts with regard to health care performance measurement and
performance-based purchasing; and
new text end

new text begin (12) assist in seeking external funding through appropriate grants or other funding
opportunities and may administer grants and externally funded projects.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin The commissioner must report annually to the legislature and the
governor on the operations, activities, and impacts of the center. The report must be
posted on the Department of Employee Relations Web site and must be available to the
public. The report must include a description of the state's efforts to develop and use more
common strategies for health care performance measurement and health care purchasing.
The report must also include an assessment of the impacts of these efforts, especially in
promoting greater transparency of health care costs and quality, and greater accountability
for health care results and improvement.
new text end

Sec. 33.

Minnesota Statutes 2004, section 43A.316, subdivision 3, is amended to read:


Subd. 3.

Public deleted text begin employee insurancedeleted text end new text begin buyers groupnew text end program.

The commissioner
shall be the administrator of the public deleted text begin employee insurancedeleted text end new text begin buyers groupnew text end program and
may determine its funding arrangements. The commissioner shall model the program
after the plan established in section 43A.18, subdivision 2, but may modify that plan,
in consultation with the Labor-Management Committee.new text begin The commissioner, or the
commissioner's designated representatives, shall be consulted in discussions or studies
by state agencies related to improving statewide health care quality, outcomes, and costs.
The commissioner may develop and administer separately rated programs within the
public buyers group program, including a separately rated and administered program for
employees of public school districts. Separate programs within the public buyers group
program may be pilot or demonstration programs, or permanent programs.
new text end

Sec. 34.

Minnesota Statutes 2005 Supplement, section 43A.346, subdivision 1, is
amended to read:


Subdivision 1.

Definition.

For purposes of this section, "state employee" means a
person currently occupying a civil service position in the executive new text begin or legislative new text end branch of
state government, the Minnesota State Retirement System, or the Office of the Legislative
Auditor, or a person employed by the Metropolitan Council.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 35.

Minnesota Statutes 2004, section 145.925, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Definition of governmental unit. new text end

new text begin For purposes of section 471.59,
subdivision 1, nonprofit community health clinics providing family planning services as
defined in this section shall be included in the definition of "governmental unit."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 36.

Minnesota Statutes 2004, section 181.9413, is amended to read:


181.9413 SICK deleted text begin OR INJURED CHILD CAREdeleted text end LEAVEnew text begin BENEFITS; USE TO
CARE FOR CERTAIN RELATIVES
new text end .

(a) An employee may use personal sick leave benefits provided by the employer
for absences due to an illness of or injury to the employee's childnew text begin , spouse, sibling,
parent, grandparent, or stepparent, and any dependents who receive regular care from the
employee
new text end for such reasonable periods as the employee's attendance deleted text begin with the childdeleted text end may be
necessary, on the same terms new text begin upon which new text end the employee is able to use sick leave benefits
for the employee's own illness or injury. This section applies only to personal sick leave
benefits payable to the employee from the employer's general assets.

(b) For purposes of this section, "personal sick leave benefits" means time accrued
and available to an employee to be used as a result of absence from work due to personal
illness or injury, but does not include short-term or long-term disability or other salary
continuation benefits.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to sick
leave used on or after that date.
new text end

Sec. 37.

new text begin [181.947] LEAVE FOR IMMEDIATE FAMILY MEMBERS OF
MILITARY PERSONNEL INJURED OR KILLED IN ACTIVE SERVICE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this
section.
new text end

new text begin (b) "Active service" has the meaning given in section 190.05, subdivisions 5b and 5c.
new text end

new text begin (c) "Employee" means a person who performs services for compensation, in
whatever form, for an employer.
new text end

new text begin (d) "Employer" means a person or entity located or doing business in this state
and having one or more employees, and includes the state and all political or other
governmental subdivisions of the state.
new text end

new text begin (e) "Immediate family member" means a person's grandparent, parent, legal
guardian, sibling, child, grandchild, spouse, fiance, or fiancee.
new text end

new text begin Subd. 2. new text end

new text begin Unpaid leave required. new text end

new text begin An employer must grant a leave of absence
without pay to an employee whose immediate family member, as a member of the
United States armed forces, has been injured or killed while engaged in active service.
The length of the leave must be determined by the employee, but may not exceed five
working days, unless agreed to by the employer. The purpose of the leave is to attend to
an injured immediate family member or to attend services for and attend to the affairs of
an immediate family member who has been killed.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin An employee must give as much notice to the employee's employer
as practicable of the employee's intent to exercise the leave guaranteed by this section.
new text end

new text begin Subd. 4. new text end

new text begin Relationship to other leave. new text end

new text begin The length of leave provided under this
section may be reduced by any period of paid leave provided by the employer. Nothing
in this section prevents an employer from providing leave benefits in addition to those
provided in this section or otherwise affects an employee's rights with respect to other
employment benefits.
new text end

new text begin Subd. 5. new text end

new text begin Posting of law. new text end

new text begin The Department of Labor and Industry shall develop,
with the assistance of interested business and veterans' organizations, an educational
poster stating employees' rights under this section. The department shall make the poster
available, upon request, to employers for posting on the employer's premises.
new text end

new text begin Subd. 6. new text end

new text begin Individual remedies. new text end

new text begin In addition to any other remedies provided by law, a
person injured by a violation of this section may bring a civil action to recover any and all
damages recoverable at law, together with costs and disbursements, including reasonable
attorney fees, and may receive injunctive and other equitable relief as determined by a
court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to the immediate family members of military personnel injured or killed on or
after that date, as well as to the immediate family members of military personnel, who, on
the effective date, are recovering from injuries that occurred before that date.
new text end

Sec. 38.

new text begin [181.948] LEAVE TO ATTEND MILITARY CEREMONIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms
have the meaning given to them in this subdivision.
new text end

new text begin (b) "Employee" means a person who performs services for compensation, in
whatever form, for an employer.
new text end

new text begin (c) "Employer" means a person or entity located or doing business in this state
and having one or more employees, and includes the state and all political or other
governmental subdivisions of the state.
new text end

new text begin (d) "Immediate family member" means a person's grandparent, parent, legal
guardian, sibling, child, grandchild, spouse, fiance, or fiancee.
new text end

new text begin Subd. 2. new text end

new text begin Unpaid leave required. new text end

new text begin An employer shall grant a leave of absence
without pay to an employee for the actual time necessary for an employee to attend a
send-off or homecoming ceremony for an immediate family member who, as a member of
the United States armed forces, has been mobilized for active service in support of a war or
other national emergency. The leave required by this subdivision must not exceed one day.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 39.

Minnesota Statutes 2005 Supplement, section 192.502, is amended by adding
a subdivision to read:


new text begin Subd. 3. new text end

new text begin Unpaid leave to attend military ceremonies. new text end

new text begin Employees are entitled
to unpaid leave, as provided in section 181.948, to attend the send-off or homecoming
ceremony of an immediate family member who, as a member of the United States
armed forces, has been mobilized for active service in support of a war or other national
emergency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 40.

Minnesota Statutes 2005 Supplement, section 192.502, is amended by adding
a subdivision to read:


new text begin Subd. 4. new text end

new text begin Unpaid leave for families of injured or deceased military members.
new text end

new text begin Employees are entitled to unpaid leave, as provided in section 181.947, when an
immediate family member, as a member of the United States armed forces, has been
injured or killed while engaged in active service.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to the immediate family members of military personnel injured or killed on or
after that date, as well as to the immediate family members of military personnel, who, on
the effective date, are recovering from injuries that occurred before that date.
new text end

Sec. 41.

new text begin [197.775] HIGHER EDUCATION FAIRNESS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this
section.
new text end

new text begin (b) "Commissioner" means the commissioner of veterans affairs.
new text end

new text begin (c) "State college or university" means a unit of the University of Minnesota or
Minnesota State Colleges and Universities.
new text end

new text begin Subd. 2. new text end

new text begin Recognition of courses. new text end

new text begin (a) Minnesota State Colleges and Universities
must recognize courses and award educational credits for courses that were part of a
veteran's military training or service if the courses meet the standards of the American
Council on Education or equivalent standards for awarding academic credits.
new text end

new text begin (b) The University of Minnesota and private colleges and universities in this state
are encouraged to recognize courses and award educational credits for courses that were
part of a veteran's military training or service if the courses meet the standards of the
American Council on Education or equivalent standards for awarding academic credits.
new text end

new text begin Subd. 3. new text end

new text begin Tuition status. new text end

new text begin A state college or university must treat a veteran as a
resident of this state for purposes of determining the veteran's undergraduate tuition rate,
and must treat a veteran as a resident of this state for purposes of determining the veteran's
graduate school tuition rate if the veteran was a resident of this state on entering military
service and starts attending the state college or university graduate program within two
years of completing military service.
new text end

new text begin Subd. 4. new text end

new text begin Delayed payment of tuition. new text end

new text begin A state college or university may not assess
late fees or other late charges for veterans who are eligible and have applied for federal
educational assistance but have not yet received it, nor may it prevent these students from
registering for a subsequent term because of outstanding tuition charges that arise from
delayed federal payments. The state college or university may request without delay
the amount of tuition above expected federal educational assistance and may require
payment of the full amount of tuition owed by the veteran within 30 days of receipt of the
expected federal educational assistance.
new text end

Sec. 42.

Minnesota Statutes 2004, section 270B.14, is amended by adding a
subdivision to read:


new text begin Subd. 19. new text end

new text begin Disclosure to commissioner of finance. new text end

new text begin The commissioner may disclose
to the commissioner of finance returns or return information necessary in order to prepare
a revenue forecast under section 16A.103.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 43.

new text begin [353.95] ACCOUNTS FOR POSTEMPLOYMENT BENEFITS
DEMONSTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Public Employees Retirement Association must
establish a fund that the city of Duluth may use to hold money to pay for postemployment
benefits owed to officers and employees after termination of service. The fund must
provide that the account is irrevocable, and that money may be withdrawn only as
permitted in this section. All money in the fund is appropriated to the Public Employees
Retirement Association for purposes of this section.
new text end

new text begin Subd. 2. new text end

new text begin Account maintenance and investment. new text end

new text begin The city may establish an account
in the fund created in this section. The Public Employees Retirement Association shall
maintain a separate account for the city. The Public Employees Retirement Association
may charge the city fees for reasonable administrative costs, and the amount of those fees
is appropriated to the association from the account. The Public Employees Retirement
Association may establish other terms and conditions for participation in the fund.
new text end

new text begin Subd. 3. new text end

new text begin Status of irrevocable fund. new text end

new text begin (a) All money in the irrevocable fund created
in this section is held in trust for the exclusive benefit of former officers and employees of
the city, and is not subject to claims by creditors of the state, the city, or the current and
former officers and employees of the city.
new text end

new text begin (b) The irrevocable fund created in this section shall be deemed an arrangement
equivalent to a trust for all legal purposes.
new text end

Sec. 44. new text begin OFFICE OF ADMINISTRATIVE HEARINGS RELOCATION.
new text end

new text begin If the commissioner of administration renovates the Stassen Building to
accommodate the relocation of the Office of Administrative Hearings, the requirements of
Minnesota Statutes, section 16B.33, subdivision 3, are waived.
new text end

Sec. 45. new text begin PLAN FOR COLOCATION OF CERTAIN MINORITY AFFAIRS
COUNCILS.
new text end

new text begin The Division of Management Analysis in the Department of Administration must
review the current organization and administrative functions of the Council on Black
Minnesotans, the Council on Affairs of Chicano/Latino People, and the Council on
Asian-Pacific Minnesotans, and prepare a plan for colocating the councils. The plan
must include a detailed proposal for combining administrative support functions for the
councils, a proposed location and timetable, and a cost estimate, including a description of
potential savings and benefits to the councils. The division must provide a copy of the
plan to the commissioner of administration, the executive directors of the councils, and the
chairs of the legislative committees with jurisdiction over the councils by November 15,
2006. Beginning 30 days after submission of the report, the commissioner may terminate
current lease arrangements for the councils as necessary and relocate the councils to a
location recommended in the report.
new text end

Sec. 46. new text begin COUNCIL ON BLACK MINNESOTANS; APPOINTMENT OF CHAIR.
new text end

new text begin Notwithstanding Minnesota Statutes, section 3.9225, subdivision 1, the term of the
current chair of the Council on Black Minnesotans ends July 1, 2006. The governor must
appoint an additional voting member who shall serve as a new chair for the council by that
date for a one-year term and each January 1 thereafter. This section expires on July 1,
2009, or when the Office of the Legislative Auditor issues a financial audit of the council
without any unresolved audit findings, if the audit is issued before July 1, 2009.
new text end

Sec. 47. new text begin REPORT ON STATE PROCUREMENT CHANGES.
new text end

new text begin By January 15, 2008, the commissioner of administration must report to the chairs of
the legislative committees with jurisdiction over state procurement regarding the impact
on Minnesota businesses of the changes made to Minnesota Statutes, chapter 16C, during
the 2006 legislative session and the use of strategic sourcing techniques, including an
analysis of the size of contracts and type of contract award recipients.
new text end

Sec. 48. new text begin VICTORY MEMORIAL DRIVE TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Task force established. new text end

new text begin An implementation and steering task
force is established to develop strategies around the master plan for restoration of
Victory Memorial Drive Historic District, as designated in Minnesota Statutes, section
138.73, subdivision 26, including, but not limited to, efforts to secure National Register
designation and other efforts to provide funding to preserve and restore the district's
significant historical components and natural features.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The implementation and steering task force shall consist
of 13 members including:
new text end

new text begin (1) the director of the Minnesota Historical Society or a designee;
new text end

new text begin (2) the Minneapolis City Council member representing the area;
new text end

new text begin (3) the Robbinsdale City Council member representing the area;
new text end

new text begin (4) the chair of the Hennepin County Board of Commissioners or the chair's
designee;
new text end

new text begin (5) the president of the Minneapolis Park and Recreation Board or the president's
designee;
new text end

new text begin (6) two members from the house of representatives representing the area;
new text end

new text begin (7) two members of the senate representing the area;
new text end

new text begin (8) two citizen representatives appointed by the chair; and
new text end

new text begin (9) two representatives from local veterans organizations appointed by the chair.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin The implementation and steering task force shall report its actions
to the appropriate policy committees of the legislature once each biennium.
new text end

new text begin Subd. 4. new text end

new text begin Staff support. new text end

new text begin The State Historic Preservation Office of the Minnesota
Historical Society; the Minneapolis Heritage Preservation Commission; the Minneapolis
Department of Public Works; the Minneapolis Department of Grants and Planning; the
Minneapolis Park Board; and the city of Robbinsdale shall provide staff support to the
Victory Memorial Drive Implementation and Steering Task Force.
new text end

new text begin Subd. 5. new text end

new text begin Compensation. new text end

new text begin Task force members may be compensated for expenses
according to Minnesota Statutes, section 15.0575, subdivision 3.
new text end

new text begin Subd. 6. new text end

new text begin Sunset. new text end

new text begin The implementation and steering task force expires on December
31, 2009.
new text end

Sec. 49. new text begin RULEMAKING REQUIRED.
new text end

new text begin (a) This section applies to a state agency, as defined in Minnesota Statutes, section
14.02:
new text end

new text begin (1) that was required to adopt rules by a law enacted during or since the 2003
legislative session; and
new text end

new text begin (2) that did not publish a notice of intent to adopt rules or a notice of hearing within
the time limit prescribed by Minnesota Statutes, section 14.125.
new text end

new text begin (b) Notwithstanding the time limit in Minnesota Statutes, section 14.125, an agency
subject to this section must adopt the rules it was mandated to adopt. The agency must
publish a notice of intent to adopt rules or a notice of hearing for rules subject to this
section before January 1, 2007.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 50. new text begin DESIGNER SELECTION BOARD REPORT.
new text end

new text begin By January 15, 2007, the commissioner of administration shall consult with
organizations listed in Minnesota Statutes, section 16B.33, subdivision 2, and report to the
legislature on the advantages and disadvantages of alternative procedures under which
the state could select a designer for state building projects.
new text end

Sec. 51. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall insert a first grade headnote after Minnesota Statutes,
section 181.946, that reads "LEAVE FOR FAMILIES OF MOBILIZED MILITARY
MEMBERS."
new text end

new text begin (b) The Revisor of Statutes shall replace references in Minnesota Statutes to sections
116R.01 to 116R.16 with references to sections 116R.01 to 116R.15 and make similar
changes to reflect the repeal of section 116R.16.
new text end

Sec. 52. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 116R.02, subdivision 7; and 116R.16, new text end new text begin are
repealed.
new text end