HF 3494C

Conference Committee Report - 85th Legislature (2007 - 2008) Posted on 01/15/2013 08:28pm

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 3494

1.2A bill for an act

1.3relating to employment; providing up to three hours of paid leave in any
1.412-month period for state employees to donate blood; authorizing employers to
1.5provide leave to employees to donate blood; proposing coding for new law in
1.6Minnesota Statutes, chapters 43A; 181.
1.7May 7, 2008
1.8The Honorable Margaret Anderson Kelliher
1.9Speaker of the House of Representatives
1.10The Honorable James P. Metzen
1.11President of the Senate
1.12We, the undersigned conferees for H. F. No. 3494 report that we have agreed upon
1.13the items in dispute and recommend as follows:
1.14That the Senate recede from its amendments and that H. F. No. 3494 be further
1.15amended as follows:
1.16Delete everything after the enacting clause and insert:

1.17"ARTICLE 1

1.18STATE GOVERNMENT

1.19    Section 1. Minnesota Statutes 2006, section 3.885, is amended by adding a subdivision
1.20to read:
1.21    Subd. 11. Subcommittee on Government Accountability. The commission must
1.22form a Subcommittee on Government Accountability under section 3.3056 to review
1.23recommendations from the commissioner of finance under section 16A.10, subdivision 1c,
1.24and to review recommendations from the commissioners of finance and administration on
1.25how to improve the use of Minnesota Milestones and other statewide goals and indicators
1.26in state planning and budget documents. The subcommittee shall consider testimony from
1.27representatives from the following organizations and agencies: (1) nonprofit organizations
1.28involved in the preparation of Minnesota Milestones; (2) the University of Minnesota
2.1and other higher education institutions; (3) the Department of Finance and other state
2.2agencies; and (4) other legislators. The subcommittee shall report to the commission by
2.3February 1 of each odd-numbered year with long-range recommendations for the further
2.4implementation and uses of Minnesota Milestones and other government accountability
2.5improvements.
2.6EFFECTIVE DATE.This section is effective the day following final enactment.

2.7    Sec. 2. Minnesota Statutes 2006, section 16A.10, subdivision 1c, is amended to read:
2.8    Subd. 1c. Performance measures for change items. For each change item in the
2.9budget proposal requesting new or increased funding, the budget document must present
2.10proposed performance measures that can be used to determine if the new or increased
2.11funding is accomplishing its goals. To the extent possible, each budget change item
2.12must identify relevant Minnesota Milestones and other statewide goals and indicators
2.13related to the proposed initiative. The commissioner must report to the Subcommittee on
2.14Government Accountability established under section 3.885, subdivision 11, regarding the
2.15format to be used for the presentation and selection of Minnesota Milestones and other
2.16statewide goals and indicators.
2.17EFFECTIVE DATE.This section is effective the day following final enactment.

2.18    Sec. 3. Minnesota Statutes 2006, section 16B.281, subdivision 3, is amended to read:
2.19    Subd. 3. Notice to agencies; determination of surplus. On or before October 1 of
2.20each year, the commissioner shall review the certifications of heads of each department or
2.21agency provided for in this section. The commissioner of administration shall send written
2.22notice to all state departments, agencies, and the University of Minnesota describing any
2.23lands or tracts that may be declared surplus. If a department or agency or the University of
2.24Minnesota desires custody of the lands or tracts, it shall submit a written request to the
2.25commissioner, no later than four calendar weeks after mailing of the notice, setting forth
2.26in detail its reasons for desiring to acquire and its intended use of the land or tract. The
2.27commissioner shall then determine whether any of the lands described in the certifications
2.28of the heads of the departments or agencies should be declared surplus and offered for
2.29sale or otherwise disposed of by transferring custodial control to other requesting state
2.30departments or agencies or to the Board of Regents of the University of Minnesota for
2.31educational purposes, provided however that transfer to the Board of Regents shall not be
2.32determinative of tax exemption or immunity. If the commissioner determines that any of
2.33the lands are no longer needed for state purposes, the commissioner shall make findings of
3.1fact, describe the lands, declare the lands to be surplus state land, and state the reasons for
3.2the sale or disposition of the lands, and notify the Executive Council of the determination.

3.3    Sec. 4. Minnesota Statutes 2006, section 16B.282, is amended to read:
3.416B.282 SURVEYS, APPRAISALS, AND SALE.
3.5    Subdivision 1. Appraisal; notice and offer to public bodies. (a) Before offering
3.6any surplus state-owned lands for sale, the commissioner of administration may survey the
3.7lands and, if the value of the lands is estimated to be $40,000 $50,000 or less, may have
3.8the lands appraised. The commissioner shall have the lands appraised if the estimated
3.9value is in excess of $40,000 $50,000.
3.10    (b) The appraiser shall, before entering upon the duties of the office, take and
3.11subscribe an oath that the appraiser will faithfully and impartially discharge the duties
3.12of appraiser according to the best of the appraiser's ability and that the appraiser is not
3.13interested, directly or indirectly, in any of the lands to be appraised or the timber or
3.14improvements on the lands or in the purchase of the lands, timber, or improvements
3.15and has entered into no agreement or combination to purchase any of the lands, timber,
3.16or improvements. The oath shall be attached to the appraisal report. Appraisals must
3.17be made by an appraiser that holds a state appraiser license issued by the Department
3.18of Commerce. The appraisal must be in conformity with the Uniform Standards of
3.19Professional Appraisal Practice of the Appraisal Foundation.
3.20    (c) Before offering surplus state-owned lands for public sale, the lands shall first be
3.21offered to the city, county, town, school district, or other public body corporate or politic
3.22in which the lands are situated for public purposes and the lands may be sold for public
3.23purposes for not less than the appraised value of the lands. To determine whether a public
3.24body desires to purchase the surplus land, the commissioner shall give a written notice to
3.25the governing body of each political subdivision whose jurisdictional boundaries include
3.26or are adjacent to the surplus land. If a public body desires to purchase the surplus land,
3.27it shall submit a written offer to the commissioner no later than two weeks after receipt
3.28of notice setting forth in detail its reasons for desiring to acquire and its intended use of
3.29the land. In the event that more than one public body tenders an offer, the commissioner
3.30shall determine which party shall receive the property and shall submit written findings
3.31regarding the decision. If lands are offered for sale for public purposes and if a public
3.32body notifies the commissioner of its desire to acquire the lands, the public body may have
3.33up to two years from the date of the accepted offer to commence payment for the lands
3.34in the manner provided by law.
4.1    Subd. 2. Public sale requirements. (a) Lands certified as surplus by the head of
4.2a department or agency under section 16B.281 shall be offered for public sale by the
4.3commissioner as provided in this subdivision. After complying with subdivision 1 and
4.4before any public sale of surplus state-owned land is made and at least 30 days before the
4.5sale, the commissioner of administration shall publish a notice of the sale at least once each
4.6week for four successive weeks in a legal newspaper and also in a newspaper of general
4.7distribution in the city or county in which the real property to be sold is situated. The notice
4.8shall specify the time and place at which the sale will commence, a general description of
4.9the lots or tracts to be offered, and a general statement of the terms of sale. Each tract or
4.10lot shall be sold separately and shall be sold for no less than its appraised value.
4.11    (b) Surplus state-owned land shall be sold for no less than the estimated or appraised
4.12value. The minimum bid may include expenses incurred by the commissioner in rendering
4.13the property saleable, including survey, appraisal, legal, advertising, and other expenses.
4.14     (c) Parcels remaining unsold after the offering may be sold to anyone agreeing to
4.15pay the appraised value. The sale shall continue until all parcels are sold or until the
4.16commissioner orders a reappraisal or withdraws the remaining parcels from sale.
4.17    (c) Except as provided in section 16B.283, the cost of any survey or appraisal as
4.18provided in subdivision 1 shall be added to and made a part of the appraised value of the
4.19lands to be sold, whether to any political subdivision of the state or to a private purchaser
4.20as provided in this subdivision.

4.21    Sec. 5. Minnesota Statutes 2006, section 16B.283, is amended to read:
4.2216B.283 TERMS OF PAYMENT.
4.23    No less than ten percent of the purchase price shall be paid at the time of sale with
4.24the balance payable according to this section. If the purchase price of any lot or parcel is
4.25$5,000 or less, the balance shall be paid within 90 days of the date of sale. If the purchase
4.26price of any lot or parcel is in excess of $5,000, the balance shall be paid in equal annual
4.27installments for no more than five years, at the option of the purchaser, with principal
4.28and interest payable annually in advance at a rate equal to the rate in effect at the time
4.29under section 549.09 on the unpaid balance, payable to the state treasury on or before
4.30June 1 each year. Any installment of principal or interest may be prepaid. The purchaser
4.31must pay at the time of sale ten percent of the total amount bid and the remainder of the
4.32payment is due within 90 days of the sale date. A person who fails to make final payment
4.33within 90 days of the sale date is in default. On default, all right, title, and interest of
4.34the purchaser or heirs, representatives, or assigns of the purchaser in the premises shall
5.1terminate without the state doing any act or thing. A record of the default must be made in
5.2the state land records of the commissioner.

5.3    Sec. 6. Minnesota Statutes 2006, section 16B.284, is amended to read:
5.416B.284 CONTRACT FOR DEED AND QUITCLAIM DEED.
5.5    In the event a purchaser elects to purchase surplus real property on an installment
5.6basis, the commissioner shall enter into a contract for deed with the purchaser, in which
5.7shall be set forth the description of the real property sold and the price of the property,
5.8the consideration paid and to be paid for the property, the rate of interest, and time and
5.9terms of payment. The contract for deed shall be made assignable and shall further set
5.10forth that in case of the nonpayment of the annual principal or interest payment due by the
5.11purchaser, or any person claiming under the purchaser, then the contract for deed, from the
5.12time of the failure, is entirely void and of no effect and the state may be repossessed of the
5.13lot or tract and may resell the lot or tract as provided in sections 16B.281 to 16B.287. In
5.14the event the terms and conditions of a contract for deed are completely fulfilled or if a
5.15purchaser makes a lump-sum payment for the subject property in lieu of entering into a
5.16contract for deed, The commissioner of administration shall sign and cause to be issued a
5.17quitclaim deed on behalf of the state. The quitclaim deed shall be in a form prescribed by
5.18the attorney general and shall vest in the purchaser all of the state's interest in the subject
5.19property except as provided in section 16B.286.

5.20    Sec. 7. Minnesota Statutes 2006, section 16B.287, subdivision 2, is amended to read:
5.21    Subd. 2. Payment of expenses. A portion of the proceeds from the sale equal in
5.22amount to the survey, appraisal, legal, advertising, and other expenses incurred by the
5.23commissioner of administration or other state official in rendering the property salable shall
5.24be remitted to the account from which the expenses were paid and are appropriated and
5.25immediately available for expenditure in the same manner as other money in the account.

5.26    Sec. 8. Minnesota Statutes 2006, section 16E.01, subdivision 3, is amended to read:
5.27    Subd. 3. Duties. (a) The office shall:
5.28    (1) manage the efficient and effective use of available federal, state, local, and
5.29public-private resources to develop statewide information and telecommunications
5.30technology systems and services and its infrastructure;
5.31    (2) approve state agency and intergovernmental information and telecommunications
5.32technology systems and services development efforts involving state or intergovernmental
5.33funding, including federal funding, provide information to the legislature regarding
6.1projects reviewed, and recommend projects for inclusion in the governor's budget under
6.2section 16A.11;
6.3    (3) ensure cooperation and collaboration among state and local governments in
6.4developing intergovernmental information and telecommunications technology systems
6.5and services, and define the structure and responsibilities of a representative governance
6.6structure;
6.7    (4) cooperate and collaborate with the legislative and judicial branches in the
6.8development of information and communications systems in those branches;
6.9    (5) continue the development of North Star, the state's official comprehensive online
6.10service and information initiative;
6.11    (6) promote and collaborate with the state's agencies in the state's transition to an
6.12effectively competitive telecommunications market;
6.13    (7) collaborate with entities carrying out education and lifelong learning initiatives
6.14to assist Minnesotans in developing technical literacy and obtaining access to ongoing
6.15learning resources;
6.16    (8) promote and coordinate public information access and network initiatives,
6.17consistent with chapter 13, to connect Minnesota's citizens and communities to each
6.18other, to their governments, and to the world;
6.19    (9) promote and coordinate electronic commerce initiatives to ensure that Minnesota
6.20businesses and citizens can successfully compete in the global economy;
6.21    (10) manage and promote the regular and periodic reinvestment in the information
6.22and telecommunications technology systems and services infrastructure so that state and
6.23local government agencies can effectively and efficiently serve their customers;
6.24    (11) facilitate the cooperative development of and ensure compliance with standards
6.25and policies for information and telecommunications technology systems and services,
6.26electronic data practices and privacy, and electronic commerce among international,
6.27national, state, and local public and private organizations;
6.28    (12) eliminate unnecessary duplication of existing information and
6.29telecommunications technology systems and services provided by other public and private
6.30organizations while building on the existing governmental, educational, business, health
6.31care, and economic development infrastructures;
6.32    (13) identify, sponsor, develop, and execute shared information and
6.33telecommunications technology projects and ongoing operations; and
6.34    (14) ensure overall security of the state's information and technology systems and
6.35services.
7.1    (b) The chief information officer, in consultation with the commissioner of
7.2finance, must determine when it is cost-effective for agencies to develop and use shared
7.3information and telecommunications technology systems and services for the delivery of
7.4electronic government services. The chief information officer may require agencies to
7.5use shared information and telecommunications technology systems and services. The
7.6chief information officer shall establish reimbursement rates in cooperation with the
7.7commissioner of finance to be billed to agencies and other governmental entities sufficient
7.8to cover the actual development, operating, maintenance, and administrative costs of
7.9the shared systems. The methodology for billing may include the use of interagency
7.10agreements, or other means as allowed by law.
7.11    (c) A state agency that has an information and telecommunications technology
7.12project with a total expected project cost of more than $1,000,000, whether funded as part
7.13of the biennial budget or by any other means, shall register with the office by submitting
7.14basic project startup documentation, as specified by the chief information officer in both
7.15format and content, before any project funding is requested or committed and before
7.16the project commences. State agency project leaders must demonstrate that the project
7.17will be properly managed, provide updates to the project documentation as changes are
7.18proposed, and regularly report on the current status of the project on a schedule agreed to
7.19with the chief information officer.
7.20    (d) The chief information officer shall monitor progress on any active information
7.21and telecommunications technology project with a total expected project cost of more than
7.22$5,000,000 and report on the performance of the project in comparison with the plans for
7.23the project in terms of time, scope, and budget. The chief information officer may conduct
7.24an independent project audit of the project. The audit analysis and evaluation of the
7.25projects subject to paragraph (c) must be presented to agency executive sponsors, the
7.26project governance bodies, and the chief information officer. All reports and responses
7.27must become part of the project record.
7.28    (e) For any active information and telecommunications technology project with a
7.29total expected project cost of more than $10,000,000, the state agency must perform an
7.30annual independent audit that conforms to published project audit principles promulgated
7.31by the office.
7.32    (f) The chief information officer shall report by January 15 of each year to the
7.33chairs and ranking minority members of the legislative committees and divisions with
7.34jurisdiction over the office regarding projects the office has reviewed under paragraph (a),
7.35clause (2). The report must include the reasons for the determinations made in the review
7.36of each project and a description of its current status.
8.1EFFECTIVE DATE.This section is effective the day following final enactment.

8.2    Sec. 9. Minnesota Statutes 2006, section 16E.03, subdivision 1, is amended to read:
8.3    Subdivision 1. Definitions. For the purposes of chapter 16E, the following terms
8.4have the meanings given them.
8.5    (a) "Information and telecommunications technology systems and services" means
8.6all computing and telecommunications hardware and software, the activities undertaken
8.7to secure that hardware and software, and the activities undertaken to acquire, transport,
8.8process, analyze, store, and disseminate information electronically. "Information and
8.9telecommunications technology systems and services" includes all proposed expenditures
8.10for computing and telecommunications hardware and software, security for that hardware
8.11and software, and related consulting or other professional services.
8.12    (b) "Information and telecommunications technology project" means an effort to
8.13acquire or produce information and telecommunications technology systems and services.
8.14    (c) "Telecommunications" means voice, video, and data electronic transmissions
8.15transported by wire, wireless, fiber-optic, radio, or other available transport technology.
8.16    (d) "Cyber security" means the protection of data and systems in networks connected
8.17to the Internet.
8.18    (e) "State agency" means an agency in the executive branch of state government and
8.19includes the Minnesota Office of Higher Education, but does not include the Minnesota
8.20State Colleges and Universities unless specifically provided elsewhere in this chapter.
8.21    (f) "Total expected project cost" includes direct staff costs, all supplemental contract
8.22staff and vendor costs, and costs of hardware and software development or purchase.
8.23Breaking a project into several phases does not affect the cost threshold, which must be
8.24computed based on the full cost of all phases.
8.25EFFECTIVE DATE.This section is effective the day following final enactment.

8.26    Sec. 10. Minnesota Statutes 2006, section 16E.04, subdivision 2, is amended to read:
8.27    Subd. 2. Responsibilities. (a) In addition to other activities prescribed by law, the
8.28office shall carry out the duties set out in this subdivision.
8.29    (b) The office shall develop and establish a state information architecture to ensure
8.30that state agency development and purchase of information and communications systems,
8.31equipment, and services is designed to ensure that individual agency information systems
8.32complement and do not needlessly duplicate or conflict with the systems of other agencies.
8.33When state agencies have need for the same or similar public data, the chief information
8.34officer, in coordination with the affected agencies, shall manage the most efficient and
9.1cost-effective method of producing and storing data for or sharing data between those
9.2agencies. The development of this information architecture must include the establishment
9.3of standards and guidelines to be followed by state agencies. The office shall ensure
9.4compliance with the architecture.
9.5    (c) The office shall assist state agencies in the planning and management of
9.6information systems so that an individual information system reflects and supports the
9.7state agency's mission and the state's requirements and functions. The office shall review
9.8and approve agency technology plans to ensure consistency with enterprise information
9.9and telecommunications technology strategy. By January 15 of each year, the chief
9.10information officer must report to the chairs and the ranking minority members of
9.11the legislative committees and divisions with jurisdiction over the office regarding the
9.12assistance provided under this paragraph. The report must include a listing of agencies
9.13that have developed or are developing plans under this paragraph.
9.14    (d) The office shall review and approve agency requests for funding for the
9.15development or purchase of information systems equipment or software before the
9.16requests may be included in the governor's budget.
9.17    (e) The office shall review major purchases of information systems equipment to:
9.18    (1) ensure that the equipment follows the standards and guidelines of the state
9.19information architecture;
9.20    (2) ensure the agency's proposed purchase reflects a cost-effective policy regarding
9.21volume purchasing; and
9.22    (3) ensure that the equipment is consistent with other systems in other state agencies
9.23so that data can be shared among agencies, unless the office determines that the agency
9.24purchasing the equipment has special needs justifying the inconsistency.
9.25    (f) The office shall review the operation of information systems by state agencies
9.26and ensure that these systems are operated efficiently and securely and continually meet
9.27the standards and guidelines established by the office. The standards and guidelines must
9.28emphasize uniformity that is cost-effective for the enterprise, that encourages information
9.29interchange, open systems environments, and portability of information whenever
9.30practicable and consistent with an agency's authority and chapter 13.
9.31    (g) The office shall conduct a comprehensive review at least every three years of
9.32the information systems investments that have been made by state agencies and higher
9.33education institutions. The review must include recommendations on any information
9.34systems applications that could be provided in a more cost-beneficial manner by an outside
9.35source. The office must report the results of its review to the legislature and the governor.
9.36EFFECTIVE DATE.This section is effective the day following final enactment.

10.1    Sec. 11. [43A.187] BLOOD DONATION LEAVE.
10.2    A state employee must be granted leave from work with 100 percent of pay to donate
10.3blood at a location away from the place of work. The total amount of leave used under this
10.4paragraph may not exceed three hours in a 12-month period, and must be determined by
10.5the employee. A state employee seeking leave from work under this section must provide
10.614 days' notice to the appointing authority. This leave must not affect the employee's
10.7vacation leave, pension, compensatory time, personal vacation days, sick leave, earned
10.8overtime accumulation, or cause a loss of seniority. For the purposes of this section, "state
10.9employee" does not include an employee of the Minnesota State Colleges and Universities.

10.10    Sec. 12. [181.9458] AUTHORIZATION FOR BLOOD DONATION LEAVE.
10.11    An employer may grant paid leave from work to an employee to allow the employee
10.12to donate blood.

10.13    Sec. 13. Minnesota Statutes 2006, section 309.53, subdivision 3, is amended to read:
10.14    Subd. 3. Financial statement requirements. The financial statement shall include
10.15a balance sheet, statement of income and expense, and statement of functional expenses,
10.16shall be consistent with forms furnished by the attorney general, and shall be prepared in
10.17accordance with generally accepted accounting principles so as to make a full disclosure
10.18of the following, including necessary allocations between each item and the basis of
10.19such allocations:
10.20    (a) total receipts and total income from all sources;
10.21    (b) cost of management and general;
10.22    (c) program services;
10.23    (d) cost of fund-raising;
10.24    (e) cost of public education;
10.25    (f) funds or properties transferred out of state, with explanation as to recipient and
10.26purpose;
10.27    (g) total net amount disbursed or dedicated within this state, broken down into total
10.28amounts disbursed or dedicated for each major purpose, charitable or otherwise;
10.29    (h) names of professional fund-raisers used during the accounting year and the
10.30financial compensation and profit resulting to each professional fund-raiser; and
10.31    (i) a list of the five highest paid directors, officers, and employees of the organization
10.32and its related organizations, as that term is defined by section 317A.011, subdivision 18,
10.33that receive total compensation of more than $50,000, together with the total compensation
10.34paid to each. Total compensation shall include salaries, fees, bonuses, fringe benefits,
11.1severance payments, and deferred compensation paid by the charitable organization and
11.2all related organizations as that term is defined by section 317A.011, subdivision 18.
11.3    Unless otherwise required by this subdivision, the financial statement need not be
11.4certified.
11.5    A financial statement of a charitable organization which has received total revenue
11.6in excess of $350,000 for the 12 months of operation covered by the statement shall be
11.7accompanied by an audited financial statement prepared in accordance with generally
11.8accepted accounting principles that has been examined by an independent certified public
11.9accountant for the purpose of expressing an opinion. In preparing the audit the certified
11.10public accountant shall take into consideration capital, endowment or other reserve funds,
11.11if any, controlled by the charitable organization. For purposes of calculating the $350,000
11.12total revenue threshold provided by this subdivision, the value of donated food to a
11.13nonprofit food shelf may not be included if the food is donated for subsequent distribution
11.14at no charge, and not for resale.
11.15EFFECTIVE DATE.This section is effective the day following final enactment
11.16and applies to any financial statement that is required to be filed under this section after
11.17May 14, 2008.

11.18    Sec. 14. Laws 2005, First Special Session chapter 1, article 4, section 121, subdivision
11.194, as amended by Laws 2007, chapter 29, section 1, subdivision 4, is amended to read:
11.20    Subd. 4. Duties. The commission shall have the following duties:
11.21    (1) to present to the governor and legislature a plan for grants to pay for capital
11.22improvements on Minnesota's historic public and private buildings, to be known as
11.23sesquicentennial grants;
11.24    (2) to seek funding for activities to celebrate the 150th anniversary of statehood, and
11.25to form partnerships with private parties to further this mission;
11.26    (3) to present an annual report to the governor and legislature outlining progress
11.27made towards the celebration of the sesquicentennial; and
11.28    (4) to encourage all activities celebrating the sesquicentennial to be as energy
11.29efficient as practicable; and
11.30    (5) to use the results of the Sesquicentennial Plan for Our Future project to help
11.31provide feedback on the selection and use of Minnesota Milestones goals and indicators.
11.32EFFECTIVE DATE.This section is effective the day following final enactment.

11.33    Sec. 15. WORKING GROUP FOR MINNESOTA MILESTONES PROCESS
11.34AND INDICATORS.
12.1    By September 1, 2008, the commissioner of administration shall convene a working
12.2group of state agency staff, legislative staff, and other interested parties to assist in the
12.3use of Minnesota Milestones as required under Minnesota Statutes, section 16A.10,
12.4subdivision 1c. The working group shall consider collaborative opportunities with
12.5community organizations and higher education institutions. The working group expires on
12.6February 27, 2009.
12.7EFFECTIVE DATE.This section is effective the day following final enactment.

12.8    Sec. 16. REPEALER.
12.9Minnesota Statutes 2006, sections 16B.281, subdivisions 2, 4, and 5; and 16B.285,
12.10are repealed.

12.11ARTICLE 2

12.12LAWFUL GAMBLING

12.13    Section 1. Minnesota Statutes 2006, section 240.24, subdivision 2, is amended to read:
12.14    Subd. 2. Exception. Notwithstanding subdivision 1, the commission by rule shall
12.15allow the use of: (1) topical external applications that do not contain anesthetics or
12.16steroids; (2) food additives; (3) Furosemide or other pulmonary hemostatic agents if the
12.17agents are administered under the visual supervision of the veterinarian or a designee of the
12.18veterinarian employed by the commission; and (4) nonsteroidal anti-inflammatory drugs,
12.19provided that the test sample does not contain more than five micrograms of the substance
12.20or metabolites thereof per milliliter of blood plasma; and (5) medications and their
12.21metabolites, provided their use thereof does not exceed regulatory threshold concentrations
12.22set by rule by the commission. For purposes of this clause, "test sample" means any bodily
12.23substance including blood, urine, saliva, or other substance as directed by the commission,
12.24taken from a horse under the supervision of the commission veterinarian and in such
12.25manner as prescribed by the commission for the purpose of analysis.

12.26    Sec. 2. Minnesota Statutes 2006, section 609.75, subdivision 4, is amended to read:
12.27    Subd. 4. Gambling device. A gambling device is a contrivance the purpose of
12.28which is that for a consideration affords the a player is afforded an opportunity to obtain
12.29something of value, other than free plays, automatically from the machine or otherwise,
12.30the award of which is determined principally by chance, whether or not the contrivance is
12.31actually played. "Gambling device" also includes a video game of chance, as defined in
12.32subdivision 8.
12.33EFFECTIVE DATE.This section is effective the day following final enactment.

13.1    Sec. 3. REPEALER.
13.2Minnesota Statutes 2006, section 349.40, is repealed.
13.3EFFECTIVE DATE.This section is effective the day following final enactment."
13.4Delete the title and insert:

13.5"A bill for an act

13.6relating to state government; incorporating Minnesota Milestones goals and
13.7indicators in budget preparation; requiring state agencies with certain information
13.8and telecommunications technology projects to register with the Office of
13.9Enterprise Technology and requiring the office to monitor progress on the
13.10projects; requiring the Office of Enterprise Technology to report to the legislature
13.11regarding its approval process for state agency technology requests and assistance
13.12provided to state agencies in developing agency information systems plans;
13.13providing additional duties for the Sesquicentennial Commission; establishing a
13.14working group; modifying state surplus land procedures; providing up to three
13.15hours of paid leave in any 12-month period for state employees to donate blood;
13.16authorizing employers to provide leave to employees to donate blood; modifying
13.17financial statement requirements for certain charitable organizations; modifying
13.18certain horse racing medication regulations; clarifying definition of gambling
13.19device; repealing a provision relating to manufacture of gambling devices or
13.20components for shipment to other jurisdictions;amending Minnesota Statutes
13.212006, sections 3.885, by adding a subdivision; 16A.10, subdivision 1c; 16B.281,
13.22subdivision 3; 16B.282; 16B.283; 16B.284; 16B.287, subdivision 2; 16E.01,
13.23subdivision 3; 16E.03, subdivision 1; 16E.04, subdivision 2; 240.24, subdivision
13.242; 309.53, subdivision 3; 609.75, subdivision 4; Laws 2005, First Special Session
13.25chapter 1, article 4, section 121, subdivision 4, as amended; proposing coding for
13.26new law in Minnesota Statutes, chapters 43A; 181; repealing Minnesota Statutes
13.272006, sections 16B.281, subdivisions 2, 4, 5; 16B.285; 349.40."
We request the adoption of this report and repassage of the bill.House Conferees: (Signed) Gene Pelowski Jr., Jeanne Poppe, Will Morgan, Phyllis Kahn, Neil W. PetersonSenate Conferees: (Signed) Ann H. Rest, Dan Larson, Dick Day, Sharon L. Erickson Ropes, Sandra L. Pappas

14.1	We request the adoption of this report and repassage of the bill.
14.2	House Conferees:(Signed)
14.3	.....		.....
14.4	Gene Pelowski Jr.		Jeanne Poppe
14.5	.....		.....
14.6	Will Morgan		Phyllis Kahn
14.7	.....
14.8	Neil W. Peterson
14.9	Senate Conferees:(Signed)
14.10	.....		.....
14.11	Ann H. Rest		Dan Larson
14.12	.....		.....
14.13	Dick Day		Sharon L. Erickson Ropes
14.14	.....
14.15	Sandra L. Pappas