SF 1790

Conference Committee Report - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1             CONFERENCE COMMITTEE REPORT ON S.F. NO. 1790 
  1.2                          A bill for an act 
  1.3             relating to local government; increasing the 
  1.4             flexibility of local government contracting; 
  1.5             increasing the purchasing authority of city managers 
  1.6             in plan B cities; increasing the competitive bidding 
  1.7             threshold for small cities; authorizing the use of 
  1.8             reverse auction and electronic bidding and selling; 
  1.9             amending Minnesota Statutes 2002, sections 373.01, 
  1.10            subdivision 1; 412.691; 429.041, subdivisions 1, 2; 
  1.11            469.015, subdivisions 1, 3; 471.345, subdivisions 3, 
  1.12            4, by adding subdivisions; Minnesota Statutes 2003 
  1.13            Supplement, section 16C.10, subdivision 7. 
  1.14                                                 May 15, 2004
  1.15  The Honorable James P. Metzen 
  1.16  President of the Senate
  1.18  The Honorable Steve Sviggum 
  1.19  Speaker of the House of Representatives
  1.21     We, the undersigned conferees for S.F. No. 1790, report 
  1.22  that we have agreed upon the items in dispute and recommend as 
  1.23  follows: 
  1.24     
  1.25     That the Senate concur in the House amendment and that S.F. 
  1.26  No. 1790 be further amended as follows: 
  1.27     Page 1, after line 13, insert: 
  1.28     "Section 1.  Minnesota Statutes 2002, section 16A.695, 
  1.29  subdivision 3, is amended to read: 
  1.30     Subd. 3.  [SALE OF PROPERTY.] A public officer or agency 
  1.31  shall not sell any state bond financed property unless the 
  1.32  public officer or agency determines by official action that the 
  2.1   property is no longer usable or needed by the public officer or 
  2.2   agency to carry out the governmental program for which it was 
  2.3   acquired or constructed, the sale is made as authorized by law, 
  2.4   the sale is made for fair market value, and the sale is approved 
  2.5   by the commissioner.  If any state bonds issued to purchase or 
  2.6   better the state bond financed property that is sold remain 
  2.7   outstanding on the date of sale, the net proceeds of sale must 
  2.8   be applied as follows: 
  2.9      (1) if the state bond financed property was acquired and 
  2.10  bettered solely with state bond proceeds, the net proceeds of 
  2.11  sale must be paid to the commissioner, deposited in the state 
  2.12  bond fund, and used to pay or redeem or defease the outstanding 
  2.13  state bonds in accordance with the commissioner's order 
  2.14  authorizing their issuance, and the proceeds are appropriated 
  2.15  for this purpose; or 
  2.16     (2) if the state bond financed property was acquired or 
  2.17  bettered partly with state bond proceeds and partly with other 
  2.18  money, the net proceeds of sale must be used:  first, to pay to 
  2.19  the state the amount of state bond proceeds used to acquire or 
  2.20  better the property; second, to pay in full any outstanding 
  2.21  public or private debt incurred to acquire or better the 
  2.22  property; and third, any excess over the amount needed for those 
  2.23  purposes must be divided in proportion to the shares contributed 
  2.24  to the acquisition or betterment of the property and paid to the 
  2.25  interested public and private entities, other than any private 
  2.26  lender already paid in full, and the proceeds are appropriated 
  2.27  for this purpose.  In calculating the share contributed by each 
  2.28  entity, the amount to be attributed to the owner of the property 
  2.29  shall be the fair market value of the property that was bettered 
  2.30  by state bond proceeds at the time the betterment began. 
  2.31     When all of the net proceeds of sale have been applied as 
  2.32  provided in this subdivision, this section no longer applies to 
  2.33  the property. 
  2.34     [EFFECTIVE DATE.] This section is effective the day 
  2.35  following final enactment. 
  2.36     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  3.1   357.021, subdivision 6, is amended to read: 
  3.2      Subd. 6.  [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.] 
  3.3   (a) The court shall impose and the court administrator shall 
  3.4   collect a $60 surcharge on every person convicted of any felony, 
  3.5   gross misdemeanor, misdemeanor, or petty misdemeanor offense, 
  3.6   other than a violation of a law or ordinance relating to vehicle 
  3.7   parking, for which there shall be a $3 surcharge.  In the second 
  3.8   judicial district, the court shall impose, and the court 
  3.9   administrator shall collect, an additional $1 surcharge on every 
  3.10  person convicted of any felony, gross misdemeanor, or petty 
  3.11  misdemeanor offense, other than a violation of a law or 
  3.12  ordinance relating to vehicle parking, if the Ramsey County 
  3.13  Board of Commissioners authorizes the $1 surcharge.  The 
  3.14  surcharge shall be imposed whether or not the person is 
  3.15  sentenced to imprisonment or the sentence is stayed.  
  3.16     (b) If the court fails to impose a surcharge as required by 
  3.17  this subdivision, the court administrator shall show the 
  3.18  imposition of the surcharge, collect the surcharge and correct 
  3.19  the record. 
  3.20     (c) The court may not waive payment of the surcharge 
  3.21  required under this subdivision.  Upon a showing of indigency or 
  3.22  undue hardship upon the convicted person or the convicted 
  3.23  person's immediate family, the sentencing court may authorize 
  3.24  payment of the surcharge in installments. 
  3.25     (d) The court administrator or other entity collecting a 
  3.26  surcharge shall forward it to the commissioner of finance. 
  3.27     (e) If the convicted person is sentenced to imprisonment 
  3.28  and has not paid the surcharge before the term of imprisonment 
  3.29  begins, the chief executive officer of the correctional facility 
  3.30  in which the convicted person is incarcerated shall collect the 
  3.31  surcharge from any earnings the inmate accrues from work 
  3.32  performed in the facility or while on conditional release.  The 
  3.33  chief executive officer shall forward the amount collected to 
  3.34  the commissioner of finance. 
  3.35     [EFFECTIVE DATE.] This section is effective either the day 
  3.36  after the governing body of Ramsey County authorizes imposition 
  4.1   of the surcharge, or August 1, 2004, whichever is the later 
  4.2   date, and applies to convictions on or after the effective date. 
  4.3      Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  4.4   357.021, subdivision 7, is amended to read: 
  4.5      Subd. 7.  [DISBURSEMENT OF SURCHARGES BY COMMISSIONER OF 
  4.6   FINANCE.] (a) Except as provided in paragraphs (b) and, (c), and 
  4.7   (d), the commissioner of finance shall disburse surcharges 
  4.8   received under subdivision 6 and section 97A.065, subdivision 2, 
  4.9   as follows: 
  4.10     (1) one percent shall be credited to the game and fish fund 
  4.11  to provide peace officer training for employees of the 
  4.12  Department of Natural Resources who are licensed under sections 
  4.13  626.84 to 626.863, and who possess peace officer authority for 
  4.14  the purpose of enforcing game and fish laws; 
  4.15     (2) 39 percent shall be credited to the peace officers 
  4.16  training account in the special revenue fund; and 
  4.17     (3) 60 percent shall be credited to the general fund.  
  4.18     (b) The commissioner of finance shall credit $3 of each 
  4.19  surcharge received under subdivision 6 and section 97A.065, 
  4.20  subdivision 2, to the general fund. 
  4.21     (c) In addition to any amounts credited under paragraph 
  4.22  (a), the commissioner of finance shall credit $32 of each 
  4.23  surcharge received under subdivision 6 and section 97A.065, 
  4.24  subdivision 2, and the $3 parking surcharge, to the general fund.
  4.25     (d) If the Ramsey County Board of Commissioners authorizes 
  4.26  imposition of the additional $1 surcharge provided for in 
  4.27  subdivision 6, paragraph (a), the court administrator in the 
  4.28  second judicial district shall withhold $1 from each surcharge 
  4.29  collected under subdivision 6.  The court administrator must use 
  4.30  the withheld funds solely to fund the petty misdemeanor 
  4.31  diversion program administered by the Ramsey County Violations 
  4.32  Bureau.  The court administrator must transfer any unencumbered 
  4.33  portion of the funds received under this subdivision to the 
  4.34  commissioner of finance for distribution according to paragraphs 
  4.35  (a) to (c). 
  4.36     [EFFECTIVE DATE.] This section is effective either the day 
  5.1   after the governing body of Ramsey County authorizes imposition 
  5.2   of the surcharge, or August 1, 2004, whichever is the later 
  5.3   date, and applies to convictions on or after the effective date."
  5.4      Page 9, line 31, delete "1 to 12" and insert "4 to 14" 
  5.5      Renumber the sections in sequence and correct the internal 
  5.6   references 
  5.7      Delete the title and insert: 
  5.8                          "A bill for an act 
  5.9             relating to public administration; increasing the 
  5.10            flexibility of local government contracting; 
  5.11            increasing the purchasing authority of city managers 
  5.12            in plan B cities; increasing the competitive bidding 
  5.13            threshold for small cities; authorizing the use of 
  5.14            reverse auction and electronic bidding and selling; 
  5.15            clarifying the division of proceeds of state bond 
  5.16            financed property; permitting Ramsey County to collect 
  5.17            and retain up to a $1 criminal surcharge in order to 
  5.18            fund Ramsey County's petty misdemeanor diversion 
  5.19            program; amending Minnesota Statutes 2002, sections 
  5.20            16A.695, subdivision 3; 373.01, subdivision 1; 
  5.21            412.691; 429.041, subdivisions 1, 2; 469.015, 
  5.22            subdivisions 1, 3; 471.345, subdivisions 3, 4, by 
  5.23            adding subdivisions; Minnesota Statutes 2003 
  5.24            Supplement, section 357.021, subdivisions 6, 7." 
  6.1      We request adoption of this report and repassage of the 
  6.2   bill. 
  6.5      Senate Conferees: 
  6.8   .........................     .........................
  6.9   D. Scott Dibble               Charles W. Wiger 
  6.12  .........................     
  6.13  Dennis R. Frederickson         
  6.18     House Conferees: 
  6.21  .........................     .........................
  6.22  Morrie Lanning                Doug Meslow 
  6.25  .........................     
  6.26  Paul Thissen