Bill Text: MN HF503 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Land management activities exempted from contracting restrictions, and mission of the Department of Natural Resources modified.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2011-02-14 - Introduction and first reading, referred to Environment, Energy and Natural Resources Policy and Finance [HF503 Detail]
Download: Minnesota-2011-HF503-Introduced.html
1.2relating to natural resources; exempting certain land management activities from
1.3contracting restrictions; modifying the mission of the Department of Natural
1.4Resources;amending Minnesota Statutes 2010, sections 16C.09; 43A.047;
1.584.027, subdivision 14.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 16C.09, is amended to read:
1.816C.09 PROCEDURE FOR SERVICE CONTRACTS.
1.9(a) Before entering into or approving a service contract, the commissioner must
1.10determine, at least, that:
1.11(1) no current state employee is able and available to perform the services called
1.12for by the contract;
1.13(2) the work to be performed under the contract is necessary to the agency's
1.14achievement of its statutory responsibilities and there is statutory authority to enter into
1.15the contract;
1.16(3) the contract will not establish an employment relationship between the state or
1.17the agency and any persons performing under the contract;
1.18(4) the contractor and agents are not employees of the state;
1.19(5) the contracting agency has specified a satisfactory method of evaluating and
1.20using the results of the work to be performed; and
1.21(6) the combined contract and amendments will not exceed five years without
1.22specific, written approval by the commissioner according to established policy, procedures,
1.23and standards, or unless otherwise provided for by law. The term of the original contract
2.1must not exceed two years, unless the commissioner determines that a longer duration is
2.2in the best interest of the state.
2.3(b) For purposes of paragraph (a), clause (1), employees are available if qualified
2.4and:
2.5(1) are already doing the work in question; or
2.6(2) are on layoff status in classes that can do the work in question.
2.7An employee is not available if the employee is doing other work, is retired, or has decided
2.8not to do the work in question.
2.9(c) This section does not apply to an agency's use of inmates pursuant to sections
2.10241.20
to
241.23 or to an agency's use of persons required by a court to provide:
2.11(1) community service; or
2.12(2) conservation or maintenance services on lands under the jurisdiction and control
2.13of the state.
2.14(d) Paragraph (a), clause (1), does not apply to conservation or maintenance services
2.15on lands administered by the commissioner of natural resources.
2.16 Sec. 2. Minnesota Statutes 2010, section 43A.047, is amended to read:
2.1743A.047 CONTRACTED SERVICES.
2.18(a) Executive agencies, including the Minnesota State Colleges and Universities
2.19system, must demonstrate that they cannot use available staff before hiring outside
2.20consultants or services. If use of consultants is necessary, agencies are encouraged to
2.21negotiate contracts that will involve permanent staff, so as to upgrade and maximize
2.22training of state employees.
2.23(b) If agencies reduce operating budgets, agencies must give priority to reducing
2.24spending on professional and technical service contracts before laying off permanent
2.25employees.
2.26(c) This section does not apply to:
2.27(1) conservation or maintenance services on lands administered by the commissioner
2.28of natural resources;
2.29(2) an agency's use of inmates pursuant to sections241.20 to
241.23 ; or to
2.30(3) an agency's use of persons required by a court to provide:
2.31(1) (i) community service; or
2.32(2) (ii) conservation or maintenance services on lands under the jurisdiction and
2.33control of the state.
2.34 Sec. 3. Minnesota Statutes 2010, section 84.027, subdivision 14, is amended to read:
3.1 Subd. 14. Mission; efficiency. It is part of the department's mission that within the
3.2department's resources the commissioner shall endeavor to:
3.3(1) prevent the waste or unnecessary spending of public money;
3.4(2) use innovative fiscal and human resource practices to manage the state's
3.5resources and operate the department as efficiently as possible;
3.6(3) coordinate the department's activities wherever appropriate with the activities
3.7of other governmental agencies;
3.8(4) use technology where appropriate to increase agency productivity, improve
3.9customer service, increase public access to information about government, and increase
3.10public participation in the business of government;
3.11(5) utilize constructive and cooperative labor-management practices to the extent
3.12otherwise required by chapters 43A and 179A;
3.13(6) develop cost-effective land management strategies that utilize public and private
3.14partnerships while maintaining sound natural resource conservation and management
3.15principles;
3.16(7) report to the legislature on the performance of agency operations and the
3.17accomplishment of agency goals in the agency's biennial budget according to section
3.1816A.10, subdivision 1
; and
3.19(7) (8) recommend to the legislature appropriate changes in law necessary to carry
3.20out the mission and improve the performance of the department.
1.3contracting restrictions; modifying the mission of the Department of Natural
1.4Resources;amending Minnesota Statutes 2010, sections 16C.09; 43A.047;
1.584.027, subdivision 14.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 16C.09, is amended to read:
1.816C.09 PROCEDURE FOR SERVICE CONTRACTS.
1.9(a) Before entering into or approving a service contract, the commissioner must
1.10determine, at least, that:
1.11(1) no current state employee is able and available to perform the services called
1.12for by the contract;
1.13(2) the work to be performed under the contract is necessary to the agency's
1.14achievement of its statutory responsibilities and there is statutory authority to enter into
1.15the contract;
1.16(3) the contract will not establish an employment relationship between the state or
1.17the agency and any persons performing under the contract;
1.18(4) the contractor and agents are not employees of the state;
1.19(5) the contracting agency has specified a satisfactory method of evaluating and
1.20using the results of the work to be performed; and
1.21(6) the combined contract and amendments will not exceed five years without
1.22specific, written approval by the commissioner according to established policy, procedures,
1.23and standards, or unless otherwise provided for by law. The term of the original contract
2.1must not exceed two years, unless the commissioner determines that a longer duration is
2.2in the best interest of the state.
2.3(b) For purposes of paragraph (a), clause (1), employees are available if qualified
2.4and:
2.5(1) are already doing the work in question; or
2.6(2) are on layoff status in classes that can do the work in question.
2.7An employee is not available if the employee is doing other work, is retired, or has decided
2.8not to do the work in question.
2.9(c) This section does not apply to an agency's use of inmates pursuant to sections
2.11(1) community service; or
2.12(2) conservation or maintenance services on lands under the jurisdiction and control
2.13of the state.
2.14(d) Paragraph (a), clause (1), does not apply to conservation or maintenance services
2.15on lands administered by the commissioner of natural resources.
2.16 Sec. 2. Minnesota Statutes 2010, section 43A.047, is amended to read:
2.1743A.047 CONTRACTED SERVICES.
2.18(a) Executive agencies, including the Minnesota State Colleges and Universities
2.19system, must demonstrate that they cannot use available staff before hiring outside
2.20consultants or services. If use of consultants is necessary, agencies are encouraged to
2.21negotiate contracts that will involve permanent staff, so as to upgrade and maximize
2.22training of state employees.
2.23(b) If agencies reduce operating budgets, agencies must give priority to reducing
2.24spending on professional and technical service contracts before laying off permanent
2.25employees.
2.26(c) This section does not apply to:
2.27(1) conservation or maintenance services on lands administered by the commissioner
2.28of natural resources;
2.29(2) an agency's use of inmates pursuant to sections
2.30(3) an agency's use of persons required by a court to provide:
2.31
2.32
2.33control of the state.
2.34 Sec. 3. Minnesota Statutes 2010, section 84.027, subdivision 14, is amended to read:
3.1 Subd. 14. Mission; efficiency. It is part of the department's mission that within the
3.2department's resources the commissioner shall endeavor to:
3.3(1) prevent the waste or unnecessary spending of public money;
3.4(2) use innovative fiscal and human resource practices to manage the state's
3.5resources and operate the department as efficiently as possible;
3.6(3) coordinate the department's activities wherever appropriate with the activities
3.7of other governmental agencies;
3.8(4) use technology where appropriate to increase agency productivity, improve
3.9customer service, increase public access to information about government, and increase
3.10public participation in the business of government;
3.11(5) utilize constructive and cooperative labor-management practices to the extent
3.12otherwise required by chapters 43A and 179A;
3.13(6) develop cost-effective land management strategies that utilize public and private
3.14partnerships while maintaining sound natural resource conservation and management
3.15principles;
3.16(7) report to the legislature on the performance of agency operations and the
3.17accomplishment of agency goals in the agency's biennial budget according to section
3.19
3.20out the mission and improve the performance of the department.
