HF 953

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to government finance; appropriating money for general legislative
and administrative expenses of state government; regulating state and local
government operations; establishing a grant management process; amending
Minnesota Statutes 2006, sections 3.987, subdivision 1; 3.988, subdivision
3; 3.989, subdivisions 2, 3; 15B.17, subdivision 1; 16A.103, subdivision
2; 16A.1286, subdivision 2; 16A.28, subdivision 1; 270B.14, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapters 13;
16B; repealing Minnesota Statutes 2006, section 13.39; Laws 2006, chapter
253, section 22.

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

ARTICLE 1

STATE GOVERNMENT APPROPRIATIONS

Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end

		new text begin 2008 new text end		new text begin 2009 new text end		new text begin Total new text end
new text begin General new text end	new text begin $ new text end	new text begin 384,179,000 new text end	new text begin $ new text end	new text begin 357,550,000 new text end	new text begin $ new text end	new text begin 741,729,000 new text end
new text begin Health Care Access new text end		new text begin 1,808,000 new text end		new text begin 1,835,000 new text end		new text begin 3,643,000 new text end
new text begin State Government Special Revenue new text end		new text begin 2,119,000 new text end		new text begin 2,124,000 new text end		new text begin 4,243,000 new text end
new text begin Environmental new text end		new text begin 440,000 new text end		new text begin 444,000 new text end		new text begin 884,000 new text end
new text begin Remediation new text end		new text begin 250,000 new text end		new text begin 250,000 new text end		new text begin 500,000 new text end
new text begin Special Revenue new text end		new text begin 5,686,000 new text end		new text begin 5,502,000 new text end		new text begin 11,188,000 new text end
new text begin Highway User Tax Distribution new text end		new text begin 2,125,000 new text end		new text begin 2,154,000 new text end		new text begin 4,279,000 new text end
new text begin Workers' Compensation new text end		new text begin 7,640,000 new text end		new text begin 7,350,000 new text end		new text begin 14,990,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 404,247,000 new text end	new text begin $ new text end	new text begin 377,209,000 new text end	new text begin $ new text end	new text begin 781,456,000 new text end

Sec. 2. new text begin STATE GOVERNMENT APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2008" and "2009" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2008, or
June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
year 2009. "The biennium" is fiscal years 2008 and 2009.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2008 new text end		new text begin 2009 new text end

Sec. 3. new text begin LEGISLATURE new text end

new text begin $ new text end

new text begin 62,971,000 new text end

new text begin $ new text end

new text begin 63,918,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2008 new text end	new text begin 2009 new text end
new text begin General new text end	new text begin 62,843,000 new text end	new text begin 63,790,000 new text end
new text begin Health Care Access new text end	new text begin 128,000 new text end	new text begin 128,000 new text end

Sec. 4. new text begin GOVERNOR AND LIEUTENANT GOVERNOR new text end

new text begin $ new text end

new text begin 3,647,000 new text end

new text begin $ new text end

new text begin 3,712,000 new text end

new text begin (a) This appropriation is to fund the Office of
the Governor and Lieutenant Governor.
new text end

new text begin $19,000 the first year and $19,000 the
second year are for necessary expenses in
the normal performance of the governor's
and lieutenant governor's duties for which no
other reimbursement is provided.
new text end

new text begin (b) By September 1 of each year, the
commissioner of finance shall report to
the chairs of the senate Governmental
Operations Budget Division and the house
State Government Finance Division any
personnel costs incurred by the Office of
the Governor and Lieutenant Governor that
were supported by appropriations to other
agencies during the previous fiscal year.
The Office of the Governor shall inform the
chairs of the divisions before initiating any
interagency agreements.
new text end

Sec. 5. new text begin STATE AUDITOR new text end

new text begin $ new text end

new text begin 8,438,000 new text end

new text begin $ new text end

new text begin 8,605,000 new text end

Sec. 6. new text begin ATTORNEY GENERAL new text end

new text begin $ new text end

new text begin 25,482,000 new text end

new text begin $ new text end

new text begin 26,098,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2008 new text end	new text begin 2009 new text end
new text begin General new text end	new text begin 23,368,000 new text end	new text begin 23,979,000 new text end
new text begin State Government Special Revenue new text end	new text begin 1,719,000 new text end	new text begin 1,724,000 new text end
new text begin Environmental new text end	new text begin 145,000 new text end	new text begin 145,000 new text end
new text begin Remediation new text end	new text begin 250,000 new text end	new text begin 250,000 new text end

Sec. 7. new text begin SECRETARY OF STATE new text end

new text begin $ new text end

new text begin 5,992,000 new text end

new text begin $ new text end

new text begin 6,229,000 new text end

Sec. 8. new text begin CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD new text end

new text begin $ new text end

new text begin 708,000 new text end

new text begin $ new text end

new text begin 722,000 new text end

Sec. 9. new text begin INVESTMENT BOARD new text end

new text begin $ new text end

new text begin 151,000 new text end

new text begin $ new text end

new text begin 151,000 new text end

Sec. 10. new text begin OFFICE OF ENTERPRISE TECHNOLOGY new text end

new text begin $ new text end

new text begin 36,025,000 new text end

new text begin $ new text end

new text begin 18,892,000 new text end

new text begin (a) $7,049,000 the first year and $4,455,000
the second year are for consolidation of
information technology infrastructure and
services.
new text end

new text begin (b) $15,000,000 the first year is for the first
phase of an electronic licensing system.
This is a onetime appropriation. This
appropriation carrys forward to the second
year.
new text end

new text begin (c) $8,163,000 the first year and $8,909,000
the second year are for information
technology security.
new text end

new text begin (d) $612,000 the first year and $741,000 the
second year are for oversight and analysis of
state technology investments.
new text end

new text begin (e) $1,456,000 the first year and $1,000,000
the second year are for small agency
technology infrastructure. During the first
biennium, these amounts are intended to
include hardware and software improvements
for the Asian-Pacific Council, the Capitol
Area Architectural and Planning Board,
the Minnesota Library for the Blind,
the Minnesota State Academies, and
the Ombudsman for Mental Health and
Developmental Disabilities. Ongoing
funding for improvements made during fiscal
years 2008 and 2009 may be added to the
base funding for those agencies in fiscal
years 2010 and 2011.
new text end

Sec. 11. new text begin ADMINISTRATIVE HEARINGS new text end

new text begin $ new text end

new text begin 7,821,000 new text end

new text begin $ new text end

new text begin 7,535,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2008 new text end	new text begin 2009 new text end
new text begin General new text end	new text begin 281,000 new text end	new text begin 285,000 new text end
new text begin Workers' Compensation new text end	new text begin 7,540,000 new text end	new text begin 7,250,000 new text end

Sec. 12. new text begin ADMINISTRATION new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 27,626,000 new text end

new text begin $ new text end

new text begin 22,679,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin State Facilities Services new text end

new text begin 16,940,000 new text end

new text begin 12,592,000 new text end

new text begin (a) $7,888,000 the first year and $7,888,000
the second year are for office space costs of
the legislature and veterans organizations,
for ceremonial space, and for statutorily free
space.
new text end

new text begin (b) $5,579,000 the first year is to purchase
and implement a Web-enabled, shared
computer system to facilitate the state's real
property portfolio management. $1,134,000
the second year is to fund software
subscriptions and technical support expenses.
The base appropriation for ongoing system
expenses is $1,151,000 for fiscal year 2010
and $1,151,000 for fiscal year 2011.
new text end

new text begin (c) $250,000 the first year and $250,000 the
second year are for the energy conservation
recommissioning activities in state buildings.
new text end

new text begin Subd. 3. new text end new text begin State and Community Services new text end

new text begin 2,525,000 new text end

new text begin 2,705,000 new text end

new text begin (a) $60,000 the first year and $240,000 the
second year are to fund activities to prepare
for and promote the 2010 census. Base
funding for this activity is $260,000 in fiscal
year 2010 and $180,000 in fiscal year 2011.
new text end

new text begin (b) $258,000 the first year and $258,000 the
second year are for the Land Management
Information Center.
new text end

new text begin Subd. 4. new text end new text begin Administrative Management Services new text end

new text begin 6,206,000 new text end

new text begin 5,427,000 new text end

new text begin (a) $250,000 the first year and $250,000 the
second year is to create an Office of Grants
Management to standardize state grants
management policies and procedures.
new text end

new text begin (b) $285,000 the first year and $276,000
the second year are to fund a two-year
pilot project to reduce state expenditures on
professional/technical contracts negotiations.
This appropriation should not be included in
the base for fiscal years 2009 and 2010.
new text end

new text begin (c) $250,000 the first year and $250,000
the second year are to establish a small
agency resource team to consolidate and
streamline the human resources and financial
management activities for small state
agencies, boards, and councils.
new text end

new text begin (d) $850,000 the first year is a onetime
appropriation for a targeted group business
disparity study.
new text end

new text begin (e) $74,000 the first year and $74,000 the
second year are for the Developmental
Disabilities Council.
new text end

new text begin Subd. 5. new text end new text begin Public Broadcasting new text end

new text begin 1,955,000 new text end

new text begin 1,955,000 new text end

new text begin (a) $963,000 the first year and $963,000
the second year are for matching grants for
public television.
new text end

new text begin (b) $398,000 the first year and $398,000
the second year are for public television
equipment grants. Equipment or matching
grant allocations shall be made after
considering the recommendations of the
Minnesota Public Television Association.
new text end

new text begin (c) $17,000 the first year and $17,000 the
second year are for grants to the Twin Cities
regional cable channel.
new text end

new text begin (d) $387,000 the first year and $387,000 the
second year are for community service grants
to public educational radio stations. The
grants must be allocated after considering
the recommendations of the Association of
Minnesota Public Educational Radio Stations
under Minnesota Statutes, section 129D.14.
new text end

new text begin (e) $190,000 the first year and $190,000
the second year are for equipment grants to
Minnesota Public Radio, Inc.
new text end

new text begin (f) Any unencumbered balance remaining
the first year for grants to public television or
radio stations does not cancel and is available
for the second year.
new text end

Sec. 13. new text begin CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD new text end

new text begin $ new text end

new text begin 304,000 new text end

new text begin $ new text end

new text begin 313,000 new text end

Sec. 14. new text begin FINANCE new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 20,382,000 new text end

new text begin $ new text end

new text begin 17,331,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin State Financial Management new text end

new text begin 8,912,000 new text end

new text begin 8,752,000 new text end

new text begin (a) $315,000 the first year is for the state's
share of the cost of bankruptcy counsel
representing joint interests of the state and
the city of Duluth in the Northwest Airlines
bankruptcy. This is a onetime appropriation.
new text end

new text begin (b) Notwithstanding the provisions of
Minnesota Statutes, section 16A.1522,
subdivision 4, the commissioner of finance
shall designate any positive general fund
budgetary balance on June 30, 2007, as an
unrestricted balance. Money so designated
shall remain available for general fund
appropriations authorized in fiscal years
2008 and 2009.
new text end

new text begin Subd. 3. new text end new text begin Information and Management Services new text end

new text begin 11,470,000 new text end

new text begin 8,579,000 new text end

new text begin $5,000,000 the first year and $2,000,000
the second year are for costs related to the
Minnesota Accounting and Procurement
System (MAPS). $4,500,000 the first
year and $2,000,000 the second year are
to implement remediation strategies as
necessary to avoid a systemic failure.
$500,000 of the first year total is for planning
for the system's eventual replacement.
new text end

Sec. 15. new text begin EMPLOYEE RELATIONS new text end

new text begin $ new text end

new text begin 6,249,000 new text end

new text begin $ new text end

new text begin 6,344,000 new text end

new text begin $500,000 each year is for the Center for
Health Care Purchasing Improvement.
new text end

Sec. 16. new text begin REVENUE new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 124,957,000 new text end

new text begin $ new text end

new text begin 124,284,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2008 new text end	new text begin 2009 new text end
new text begin General new text end	new text begin 120,857,000 new text end	new text begin 120,124,000 new text end
new text begin Health Care Access new text end	new text begin 1,680,000 new text end	new text begin 1,707,000 new text end
new text begin Highway User Tax Distribution new text end	new text begin 2,125,000 new text end	new text begin 2,154,000 new text end
new text begin Environmental new text end	new text begin 295,000 new text end	new text begin 299,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Tax System Management new text end

new text begin 105,781,000 new text end

new text begin 104,099,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 101,681,000 new text end	new text begin 99,939,000 new text end
new text begin Health Care Access new text end	new text begin 1,680,000 new text end	new text begin 1,707,000 new text end
new text begin Highway User Tax Distribution new text end	new text begin 2,125,000 new text end	new text begin 2,154,000 new text end
new text begin Environmental new text end	new text begin 295,000 new text end	new text begin 299,000 new text end

new text begin (a) $3,455,000 the first year and $4,352,000
the second year are for additional activities
to identify and collect tax liabilities from
individuals and businesses that currently
do not pay all taxes owed. This initiative
is expected to result in new general fund
revenues of $21,200,000 for the biennium
ending June 30, 2009.
new text end

new text begin (b) The department must report to the chairs
of the house of representatives Ways and
Means and senate Finance Committees by
March 1, 2008, and January 15, 2009, on the
following performance indicators:
new text end

new text begin (1) the number of corporations noncompliant
with the corporate tax system each year and
the percentage and dollar amounts of valid
tax liabilities collected;
new text end

new text begin (2) the number of businesses noncompliant
with the sales and use tax system and the
percentage and dollar amount of the valid tax
liabilities collected; and
new text end

new text begin (3) the number of individual noncompliant
cases resolved and the percentage and dollar
amounts of valid tax liabilities collected.
new text end

new text begin (c) The reports must also identify base-level
expenditures and staff positions related to
compliance and audit activities, including
baseline information as of January 1, 2006.
The information must be provided at the
budget activity level.
new text end

new text begin (d) $10,000,000 the first year and $6,000,000
the second year are for the purchase and
development of an integrated tax software
package. This appropriation must be
included in the agency appropriation base
through fiscal year 2011.
new text end

new text begin (e) $900,000 in fiscal year 2008 and
$900,000 in fiscal year 2009 are for property
tax-related technological enhancements.
new text end

new text begin Subd. 3. new text end new text begin Accounts Receivable Management new text end

new text begin 19,176,000 new text end

new text begin 20,185,000 new text end

new text begin $875,000 the first year and $1,555,000 the
second year are for additional activities
to identify and collect tax liabilities from
individuals and businesses that currently do
not pay all taxes owed. This initiative is
expected to result in new general revenues of
$30,000,000 for the biennium ending June
30, 2009.
new text end

Sec. 17. new text begin MILITARY AFFAIRS new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 22,126,000 new text end

new text begin $ new text end

new text begin 20,609,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2008 new text end	new text begin 2009 new text end
new text begin General new text end	new text begin 21,271,000 new text end	new text begin 19,754,000 new text end
new text begin Special Revenue new text end	new text begin 855,000 new text end	new text begin 855,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Maintenance of Training Facilities new text end

new text begin 7,504,000 new text end

new text begin 7,448,000 new text end

new text begin $185,000 the first year is to pay special
assessments levied against state property.
This is a onetime appropriation.
new text end

new text begin Subd. 3. new text end new text begin General Support new text end

new text begin 3,558,000 new text end

new text begin 2,095,000 new text end

new text begin (a) $1,500,000 the first year is for the
Minnesota National Guard reintegration
program. This appropriation is available
until spent.
new text end

new text begin (b) $275,000 the first year and $285,000 the
second year are for additional staffing.
new text end

new text begin (c) $855,000 each year is from the account
in the special revenue fund established in
Minnesota Statutes, section 190.19, for
grants under that section.
new text end

new text begin Subd. 4. new text end new text begin Enlistment Incentives new text end

new text begin 10,209,000 new text end

new text begin 10,211,000 new text end

new text begin If appropriations for either year of the
biennium are insufficient, the appropriation
from the other year is available. The
appropriations for enlistment incentives are
available until expended.
new text end

Sec. 18. new text begin VETERANS AFFAIRS new text end

new text begin $ new text end

new text begin 15,408,000 new text end

new text begin $ new text end

new text begin 14,473,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2008 new text end	new text begin 2009 new text end
new text begin General new text end	new text begin 14,553,000 new text end	new text begin 13,618,000 new text end
new text begin Special Revenue new text end	new text begin 855,000 new text end	new text begin 855,000 new text end

new text begin (a) $2,000,000 each year is for outreach to
veterans.
new text end

new text begin (b) $1,000,000 each year is for state soldier's
assistance under Minnesota Statutes, section
197.05.
new text end

new text begin (c) $1,400,000 the first year and $900,000
the second year are for the higher education
veterans assistance program under Minnesota
Statutes, section 197.585. This appropriation
must be included in the agency appropriation
base through fiscal year 2011.
new text end

new text begin (d) $500,000 each year is for administration
of veterans programming.
new text end

new text begin (e) $100,000 each year is for information
technology.
new text end

new text begin (f) $75,000 each year is for operations at the
Minnesota State Veterans Cemetery in Little
Falls.
new text end

new text begin (g) $1,900,000 the first year and $1,400,000
the second year are for grants to counties
under the terms of this section. The
commissioner shall issue a request for
proposals for grants to enhance the benefits,
programs, and services provided to veterans.
The request must specify that priority
will be given to proposals that meet the
programmatic goals established by the
commissioner, including proposals that will:
new text end

new text begin (1) provide the most effective outreach to
veterans;
new text end

new text begin (2) reintegrate combat veterans into society;
new text end

new text begin (3) collaborate with other social service
agencies, educational institutions, and other
relevant community resources;
new text end

new text begin (4) reduce homelessness among veterans;
and
new text end

new text begin (5) provide measurable outcomes.
new text end

new text begin The commissioner may provide incentives
to encourage, and may give priority to
proposals that foster, regional collaboration
for service delivery. The grants may be for a
term of up to two years. The commissioner
shall ensure that grants are made throughout
all regions of the state and shall develop a
description of best practices for the use of
these grants. A county may not reduce its
county veterans service officer budget by any
amount received as a grant under this section.
Grants made under this section are in addition
to and not subject to the requirements for
grants made under Minnesota Statutes,
section 197.608. The Minnesota Association
of County Veterans Service Officers may
apply for grants under this section beginning
July 1, 2007. Any balance remaining after
the first year does not cancel and is available
in the second year. This appropriation must
be included in the appropriation base through
fiscal year 2011.
new text end

new text begin (h) $250,000 each year is added to the base
for grants to Disabled American Veterans,
Military Order of the Purple Heart, Veterans
of Foreign Wars, Vietnam Veterans of
America, and other congressionally chartered
veterans service organizations designated by
the commissioner.
new text end

new text begin (i) $855,000 each year is from the account
in the special revenue fund established in
Minnesota Statutes, section 190.19, for (1)
grants to veterans service organizations; and
(2) outreach to underserved veterans. Any
balance in the first year does not cancel and
is available in the second year.
new text end

Sec. 19. new text begin GAMBLING CONTROL new text end

new text begin $ new text end

new text begin 2,846,000 new text end

new text begin $ new text end

new text begin 2,893,000 new text end

new text begin These appropriations are from the lawful
gambling regulation account in the special
revenue fund.
new text end

Sec. 20. new text begin RACING COMMISSION new text end

new text begin $ new text end

new text begin 1,130,000 new text end

new text begin $ new text end

new text begin 899,000 new text end

new text begin (a) These appropriations are from racing
regulation accounts in the special revenue
fund.
new text end

new text begin (b) $295,000 the first year and $64,000 the
second year and thereafter are for information
technology improvements implemented in
consultation with the Office of Enterprise
Technology as part of the small agency
technology initiative.
new text end

Sec. 21. new text begin STATE LOTTERY new text end

new text begin Notwithstanding Minnesota Statutes, section
349A.10, subdivision 3, the operating budget
must not exceed $27,378,000 in fiscal year
2008 and $28,141,000 in fiscal year 2009.
new text end

Sec. 22. new text begin TORT CLAIMS new text end

new text begin $ new text end

new text begin 161,000 new text end

new text begin $ new text end

new text begin 161,000 new text end

new text begin To be spent by the commissioner of finance.
new text end

new text begin If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.
new text end

Sec. 23. new text begin MINNESOTA STATE RETIREMENT SYSTEM new text end

new text begin $ new text end

new text begin 1,450,000 new text end

new text begin $ new text end

new text begin 1,469,000 new text end

new text begin (a) The amounts estimated to be needed for
each program are as follows:
new text end

new text begin (1) Legislators new text end

new text begin 1,021,000 new text end

new text begin 1,034,000 new text end

new text begin Under Minnesota Statutes, sections 3A.03,
subdivision 2, 3A.04, subdivisions 3 and 4;
and 3A.115.
new text end

new text begin (2) Constitutional Officers new text end

new text begin 429,000 new text end

new text begin 435,000 new text end

new text begin Under Minnesota Statutes, sections
352C.031, subdivision 5; 352C.04,
subdivision 3; and 352C.09, subdivision 2.
new text end

new text begin (b) If an appropriation in this section for
either year is insufficient, the appropriation
for the other year is available for it.
new text end

Sec. 24. new text begin MINNEAPOLIS EMPLOYEES RETIREMENT FUND new text end

new text begin $ new text end

new text begin 9,000,000 new text end

new text begin $ new text end

new text begin 9,000,000 new text end

new text begin The amounts estimated to be needed under
Minnesota Statutes, section 422A.101,
subdivision 3.
new text end

Sec. 25. new text begin TEACHERS RETIREMENT ASSOCIATION new text end

new text begin $ new text end

new text begin 15,800,000 new text end

new text begin $ new text end

new text begin 15,800,000 new text end

new text begin The amounts estimated to be needed are as
follows:
new text end

new text begin (a) Special direct state aid to first class city teachers retirement funds authorized under Minnesota Statutes, section 354A.12, subdivisions 3a and 3c. new text end

new text begin 13,300,000 new text end

new text begin 13,300,000 new text end

new text begin (b) Special direct state matching aid to Minneapolis Teachers Retirement Fund authorized under Minnesota Statutes, section 354A.12, subdivision 3b. new text end

new text begin 2,500,000 new text end

new text begin 2,500,000 new text end

Sec. 26. new text begin ST. PAUL TEACHERS RETIREMENT FUND new text end

new text begin $ new text end

new text begin 2,967,000 new text end

new text begin $ new text end

new text begin 2,967,000 new text end

new text begin The amounts estimated to be needed for
special direct state aid to first class city
teachers retirement funds authorized under
Minnesota Statutes, section 354A.12,
subdivisions 3a and 3c.
new text end

Sec. 27. new text begin AMATEUR SPORTS COMMISSION new text end

new text begin $ new text end

new text begin 210,000 new text end

new text begin $ new text end

new text begin 215,000 new text end

new text begin This appropriation is reduced by the amount
equal to proceeds from leasing state land
under Laws 2006, chapter 282, section 11.
new text end

Sec. 28. new text begin COUNCIL ON BLACK MINNESOTANS new text end

new text begin $ new text end

new text begin 322,000 new text end

new text begin $ new text end

new text begin 328,000 new text end

new text begin $25,000 the first year and $25,000 the second
year are for expenses related to the state's
annual Martin Luther King, Jr. holiday
celebration.
new text end

Sec. 29. new text begin COUNCIL ON CHICANO/LATINO AFFAIRS new text end

new text begin $ new text end

new text begin 306,000 new text end

new text begin $ new text end

new text begin 310,000 new text end

Sec. 30. new text begin COUNCIL ON ASIAN-PACIFIC MINNESOTANS new text end

new text begin $ new text end

new text begin 287,000 new text end

new text begin $ new text end

new text begin 285,000 new text end

Sec. 31. new text begin INDIAN AFFAIRS COUNCIL new text end

new text begin $ new text end

new text begin 481,000 new text end

new text begin $ new text end

new text begin 487,000 new text end

Sec. 32. new text begin GENERAL CONTINGENT ACCOUNTS new text end

new text begin $ new text end

new text begin 1,000,000 new text end

new text begin $ new text end

new text begin 500,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2008 new text end	new text begin 2009 new text end
new text begin General new text end	new text begin 500,000 new text end	new text begin -0- new text end
new text begin State Government Special Revenue new text end	new text begin 400,000 new text end	new text begin 400,000 new text end
new text begin Workers' Compensation new text end	new text begin 100,000 new text end	new text begin 100,000 new text end

new text begin (a) The appropriations in this section
may only be spent with the approval of
the governor after consultation with the
Legislative Advisory Commission pursuant
to Minnesota Statutes, section 3.30.
new text end

new text begin (b) If an appropriation in this section for
either year is insufficient, the appropriation
for the other year is available for it.
new text end

new text begin (c) If a contingent account appropriation
is made in one fiscal year, it should be
considered a biennial appropriation.
new text end

ARTICLE 2

STATE GOVERNMENT OPERATIONS

Section 1.

Minnesota Statutes 2006, section 3.987, subdivision 1, is amended to read:

Subdivision 1.

Local impact notes.

The commissioner of finance shall coordinate
the development of a local impact note for any proposed legislation introduced after June
30, 1997, deleted text begin or any rule proposed after December 31, 1999, deleted text end upon request of the chair or the
ranking minority member of either legislative Tax Committee. Upon receipt of a request
to prepare a local impact note, the commissioner must notify the authors of the proposed
legislation deleted text begin or, for an administrative rule, the head of the relevant executive agency or
department, deleted text end that the request has been made. The local impact note must be made available
to the public upon request. If the action is among the exceptions listed in section 3.988,
a local impact note need not be requested nor prepared. The commissioner shall make
a reasonable and timely estimate of the local fiscal impact on each type of political
subdivision that would result from the proposed legislation. The commissioner of finance
may require any political subdivision or the commissioner of an administrative agency
of the state to supply in a timely manner any information determined to be necessary to
determine local fiscal impact. The political subdivision, its representative association, or
commissioner shall convey the requested information to the commissioner of finance with
a signed statement to the effect that the information is accurate and complete to the best
of its ability. The political subdivision, its representative association, or commissioner,
when requested, shall update its determination of local fiscal impact based on actual
cost or revenue figures, improved estimates, or both. Upon completion of the note, the
commissioner must provide a copy to the authors of the proposed legislation deleted text begin or, for an
administrative rule, to the head of the relevant executive agency or department deleted text end .

Sec. 2.

Minnesota Statutes 2006, section 3.988, subdivision 3, is amended to read:

Subd. 3.

Miscellaneous exceptions.

A local impact note or an attachment as
provided in section 3.987, subdivision 2, need not be prepared for the cost of a mandated
action if the law deleted text begin , including a rulemaking, deleted text end containing the mandate:

(1) accommodates a specific local request;

(2) results in no new local government duties;

(3) leads to revenue losses from exemptions to taxes;

(4) provided only clarifying or conforming, nonsubstantive charges on local
government;

(5) imposes additional net local costs that are minor (an amount less than or equal
to one-half of one percent of the local revenue base as defined in section 477A.011,
subdivision 27, or $50,000, whichever is less for any single local government if the
mandate does not apply statewide or less than $1,000,000 if the mandate is statewide);

(6) is a law or executive order enacted before July 1, 1997, or a rule initially
implementing a law enacted before July 1, 1997;

(7) implements something other than a law or executive order, such as a federal,
court, or voter-approved mandate;

(8) results in savings that equal or exceed costs;

(9) requires the holding of elections;

(10) ensures due process or equal protection;

(11) provides for the notification and conduct of public meetings;

(12) establishes the procedures for administrative and judicial review of actions
taken by political subdivisions;

(13) protects the public from malfeasance, misfeasance, or nonfeasance by officials
of political subdivisions;

(14) relates directly to financial administration, including the levy, assessment,
and collection of taxes;

(15) relates directly to the preparation and submission of financial audits necessary
to the administration of state laws; or

(16) requires uniform standards to apply to public and private institutions without
differentiation.

Sec. 3.

Minnesota Statutes 2006, section 3.989, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Report deleted text end new text begin Compilation of local impact notes new text end .

The commissioner of finance
shall prepare by deleted text begin September 1, 2000, and by deleted text end September 1 of each even-numbered year
deleted text begin thereafter, deleted text end a deleted text begin report deleted text end new text begin compilation new text end of deleted text begin the costs of deleted text end new text begin key new text end deleted text begin local mandates established after June
30, 1997 deleted text end new text begin impact notes requested by the legislature during the previous biennial session
as provided in section 3.987. The commissioner may consult with local government
representatives and legislative fiscal staff to determine which local impact notes were key new text end .

deleted text begin The commissioner shall include the statewide total of the statement of costs of local
mandates after June 30, 1997, as a notation in the state biennial budget.
deleted text end

Sec. 4.

Minnesota Statutes 2006, section 3.989, subdivision 3, is amended to read:

Subd. 3.

Certain political subdivisions; report.

The political subdivisions that
have opted to administer class B state mandates shall report to the commissioner of
finance by September 1, 1998, and by September 1 of each year thereafter, identifying
each instance when revenue for a class B state mandate has fallen below 85 percent of
the total cost of the program and the political subdivision intends to cease administration
of the program.

The commissioner shall forward a copy of the report to the chairs of the appropriate
funding committees of the senate and the house deleted text begin for proposed inclusion of the shortfall as a
line item appropriation in the state budget for the next fiscal year deleted text end .

The political subdivision may exercise its option to cease administration only if the
legislature has failed to include the shortfall as an appropriation in the state budget for
the next fiscal year.

Sec. 5.

new text begin [13.595] GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have
the meaning given them.
new text end

new text begin (a) "Completion of the evaluation process" means that the granting agency has
completed negotiating the grant agreement with the selected grantee.
new text end

new text begin (b) "Grant agreement" means the document that details the responsibilities of the
grantee and the granting agency and the value to be provided to the grantee.
new text end

new text begin (c) "Grantee" means a person that applies for or receives a grant.
new text end

new text begin (d) "Granting agency" means the government entity that provides the grant.
new text end

new text begin (e) "Opened" means the act that occurs once the deadline for submitting a response
to a proposal to the granting agency has been reached.
new text end

new text begin (f) "Request for proposal" means the data outlining the responsibilities the granting
agency wants the grantee to assume.
new text end

new text begin (g) "Response" means the data submitted by a grantee as required by a request for
proposal.
new text end

new text begin Subd. 2. new text end

new text begin Request for applications. new text end

new text begin Data created by a granting agency to create a
request for proposal is classified as nonpublic until the request for proposal is published.
To the extent that a granting agency involves persons outside the granting agency to create
the request for proposal, the data remain nonpublic in the hands of all persons who may
not further disseminate any data that are created or reviewed as part of the request for
proposal development. At publication, the data in the request for proposal is public.
new text end

new text begin Subd. 3. new text end

new text begin Responses to request for proposals. new text end

new text begin (a) Responses submitted by a grantee
are private or nonpublic until the responses are opened. Once the responses are opened,
the name and address of the grantee and the amount requested is public. All other data in a
response is private or nonpublic data until completion of the evaluation process. After a
granting agency has completed the evaluation process, all remaining data in the responses
is public with the exception of trade secret data as defined and classified in section 13.37.
A statement by a grantee that the response is copyrighted or otherwise protected does
not prevent public access to the response.
new text end

new text begin (b) If all responses are rejected prior to completion of the evaluation process,
all data, other than that made public at the opening, remain private or nonpublic
until a resolicitation of proposals results in completion of the evaluation process or a
determination is made to abandon the grant. If the rejection occurs after the completion of
the evaluation process, the data remain public. If a resolicitation of proposals does not
occur within one year of the grant opening date, the remaining data become public.
new text end

new text begin Subd. 4. new text end

new text begin Evaluation data. new text end

new text begin (a) Data created or maintained by a granting agency as
part of the evaluation process referred to in this section are protected nonpublic data until
completion of the evaluation process at which time the data are public with the exception
of trade secret data as defined and classified in section 13.37.
new text end

new text begin (b) If a granting agency asks individuals outside the granting agency to assist with
the evaluation of the responses, the granting agency may share not public data in the
responses with those individuals. The individuals participating in the evaluation may not
further disseminate the not public data they review.
new text end

Sec. 6.

Minnesota Statutes 2006, section 15B.17, subdivision 1, is amended to read:

Subdivision 1.

Proposals.

(a) Before a state agency or other public body develops,
to submit to the legislature and the governor, a budget proposal or plans for capital
improvements within the Capitol Area, it must consult with the board.

(b) The public body must provide enough money for the board's review and planning
if the board decides its review and planning services are necessary.

new text begin (c) Money received by the board from public agencies is appropriated to the board.
new text end

Sec. 7.

Minnesota Statutes 2006, section 16A.103, subdivision 2, is amended to read:

Subd. 2.

Local revenue.

In February and November of each year, the commissioner
of revenue shall prepare and deliver to the governor and the legislature forecasts of
revenue to be received by school districts as a group, counties as a group, and the group of
cities and towns that have a population of more than 2,500. The forecasts must assume
the continuation of current laws, projections of valuation changes in real property, and
reasonable estimates of projected growth in the national and state economies and affected
populations. Revenue must be estimated for property taxes, state and federal aids, local
sales taxes, if any, and a single projection for all other revenue for each group of affected
local governmental units. deleted text begin As part of the February forecast, the commissioner of revenue
shall report to the governor and legislature on which groups of local government units
exceeded the revenue targets of the governor and legislature in the most recent biennium.
deleted text end

Sec. 8.

Minnesota Statutes 2006, section 16A.1286, subdivision 2, is amended to read:

Subd. 2.

Billing procedures.

The commissioner may bill up to $7,520,000 in
each fiscal year for statewide systems services provided to state agencies, judicial branch
agencies, the University of Minnesota, the Minnesota State Colleges and Universities,
and other entities. deleted text begin Billing must be based only on usage of services relating to statewide
systems provided by the Intertechnologies Division. deleted text end Each agency shall transfer from
agency operating appropriations to the statewide systems account the amount billed by
the commissioner. Billing policies and procedures related to statewide systems services
must be developed by the commissioner in consultation with the commissioners of
employee relations and administration, the University of Minnesota, and the Minnesota
State Colleges and Universities.

Sec. 9.

Minnesota Statutes 2006, section 16A.28, subdivision 1, is amended to read:

Subdivision 1.

Carryforward.

Agencies may carry forward unexpended and
unencumbered nongrant operating balances from the first year of a biennium into the
second year of the biennium. new text begin At the end of the second year of the biennium, any remaining
nongrant operating balances may be transferred, with the approval of the commissioner of
finance, to a special revenue account. Funds in those accounts are appropriated for onetime
costs associated with technology infrastructure and systems development projects.
new text end

new text begin (a) Transfers to those special revenue accounts shall be reported to the chairs
and ranking members of the Senate Finance and House Ways and Means and Finance
committees.
new text end

new text begin (b) When such balances originate in nongeneral funds, the transfers shall be made to
separate accounts with the same funds and may only be used to support projects relevant
to the original funding source.
new text end

new text begin (c) Uses of those special revenue account funds shall be reported annually by each
agency to the commissioner of finance, and to the chairs and ranking members of the
Senate Finance and House Ways and Means and Finance committees.
new text end

Sec. 10.

new text begin [16B.97] GRANTS MANAGEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Grant agreement. new text end

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

new text begin The commissioner shall provide leadership and
direction for policy related to grants management in Minnesota in order to foster more
consistent, streamlined interaction between executive agencies, funders, and grantees that
will enhance access to grant opportunities and information and lead to greater program
accountability and transparency. The commissioner has the duties and powers stated in this
section. An executive agency must do what the commissioner requires under this section.
new text end

new text begin Subd. 3. new text end

new text begin Discretionary powers. new text end

new text begin The commissioner has the authority to:
new text end

new text begin (1) review grants management practices and propose policy and procedure
improvements to the governor, legislature, executive agencies, and the federal government;
new text end

new text begin (2) sponsor, support, and facilitate innovative and collaborative grants management
projects with public and private organizations;
new text end

new text begin (3) review, recommend, and implement alternative strategies for grants management;
new text end

new text begin (4) collect and disseminate information, issue reports relating to grants management,
and sponsor and conduct conferences and studies; and
new text end

new text begin (5) participate in conferences and other appropriate activities related to grants
management issues.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin (a) The commissioner shall:
new text end

new text begin (1) create general grants management policies and procedures that are applicable to
all executive agencies. The commissioner may approve exceptions to these policies and
procedures for particular grant programs. Exceptions shall expire or be renewed after five
years. Executive agencies shall retain management of individual grants programs;
new text end

new text begin (2) provide a central point of contact concerning statewide grants management
policies and procedures;
new text end

new text begin (3) serve as a resource to executive agencies in such areas as training, evaluation,
collaboration, and best practices in grants management;
new text end

new text begin (4) ensure grants management needs are considered in the development, upgrade,
and use of statewide administrative systems and leverage existing technology whereever
possible;
new text end

new text begin (5) oversee and approve future professional and technical service contracts and
other information technology spending related to executive agency grants management
activities;
new text end

new text begin (6) provide a central point of contact for comments about executive agencies
violating statewide grants governance policies and about fraud and waste in grants
processes;
new text end

new text begin (7) forward received comments to the appropriate agency for further action, and
may follow up as necessary; and
new text end

new text begin (8) provide a single listing of all available executive agency competitive grant
opportunities and resulting grant recipients.
new text end

new text begin (b) The commissioner may determine that it is cost-effective for agencies to develop
and use shared grants management technology systems. This system would be governed
under section 16E.01, subdivision 3, paragraph (b).
new text end

Sec. 11.

new text begin [16B.98] LIMIT ON ADMINISTRATIVE COSTS.
new text end

new text begin Subdivision 1. new text end

new text begin Limitation. new text end

new text begin As a condition of receiving a grant from an appropriation
of state funds, the recipient of the grant must agree to minimize administrative costs. The
granting agency is responsible for negotiating appropriate limits to these costs so that the
state derives the optimum benefit for grant funding.
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 grants processes, 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. new text end

new text begin (a) The commissioner must develop policies
regarding code of ethics and conflict of interest designed to prevent conflicts of interest
for employees, committee members, or others involved in the recommendation, award,
and administration of grants. The policies must apply to employees who are directly or
indirectly in the grants process, which may include the following:
new text end

new text begin (1) developing request for proposals or evaluation criteria;
new text end

new text begin (2) drafting, recommending, awarding, amending, revising, or entering into grant
agreements;
new text end

new text begin (3) evaluating or monitoring performance; or
new text end

new text begin (4) authorizing payments.
new text end

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

new text begin (1) a process to make all parties to the grant aware of policies and laws relating to
conflict of interest, and training on how to avoid and address potential conflicts; and
new text end

new text begin (2) a process under which those who have a conflict of interest or a potential conflict
of interest must disclose the matter.
new text end

new text begin (c) If the employee, appointing authority, or commissioner determines that a conflict
of interest exists, the matter shall be assigned to another employee who does not have a
conflict of interest. If it is not possible to assign the matter to an employee who does not
have a conflict of interest, interested personnel shall be notified of the conflict and the
employee may proceed with the assignment.
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 violation of laws or rules governing grants is encouraged to report the violation or
suspected violation to the employee's supervisor, the commissioner or the commissioner's
designee, 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 has the protections provided for under section 181.932, prohibiting the employer
from discriminating against the employee.
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 valid 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
party to the grant; and
new text end

new text begin (2) the accounting system shows an encumbrance for the amount of the grant in
accordance with policy approved by the commissioner.
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 the grant agreement with all amendments and other
required records relating to the grant must be kept on file at the granting agency for a time
equal to that required of grantees in subdivision 6.
new text end

new text begin (d) Grant agreements must comply with policies established by the commissioner
for minimum grant agreement standards and practices.
new text end

new text begin (e) 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 Grant payments. new text end

new text begin Payments to the grantee may not be issued until the
grant agreement is fully executed.
new text end

new text begin Subd. 8. new text end

new text begin Audit. new text end

new text begin (a) A grant agreement made by an executive agency must include
an expressed or implied 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 six years from the
grant agreement end date, receipt and approval of all final reports, or the required period
of time to satisfy all state and program retention requirements, 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 shall be 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 shall be liable for the cost of the examination.
new text end

new text begin Subd. 9. 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. 10. 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. 12.

Minnesota Statutes 2006, section 270B.14, is amended by adding a
subdivision to read:

new text begin Subd. 19. new text end

new text begin Disclosure to Department 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

Sec. 13. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2006, section 13.39, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Laws 2006, chapter 253, section 22, new text end new text begin is repealed.
new text end