HF 519

as introduced - 87th Legislature (2011 - 2012) Posted on 02/14/2011 11:17am

A bill for an act
relating to government; removing certain mandates in transportation, human
services, environment, public safety, local government, animal control,
education, taxes, and employment; suspending certain maintenance of effort
requirements; modifying sales tax exemption; modifying prevailing wage
provisions; repealing provision regarding aggregate value of benefits for
governmental unit group insurance; repealing comparable worth requirements;
amending Minnesota Statutes 2010, sections 6.48; 13.202, subdivision 9;
103G.291, subdivisions 3, 4; 115A.931; 122A.414, subdivisions 1a, 4; 122A.60,
subdivisions 1, 1a, 4; 123B.02, subdivision 15; 126C.13, subdivision 5; 126C.44;
134.195, subdivision 8; 134.201, subdivisions 1, 5; 134.32, subdivision 3;
134.341; 134.355, subdivisions 2, 8; 134A.12; 162.02, subdivisions 1, 2, 10;
162.021, subdivision 1; 162.07, subdivision 2; 162.09, subdivisions 1, 2;
162.13, subdivision 2; 171.02, subdivision 2b; 171.321, subdivision 4; 177.42,
subdivisions 4, 6; 216B.2425, subdivision 2; 241.021, subdivision 1; 256M.01;
256M.30, subdivisions 1, 2; 257.69, subdivision 1; 297A.70, subdivisions 2, 3;
299A.77; 326B.133, subdivision 1; 331A.12; 347.14, subdivision 1; 347.565;
383B.914, subdivision 1; 462.355, subdivision 4; 465.719, subdivision 9;
471.697, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapters 6; 275; repealing Minnesota Statutes 2010, sections 43A.04,
subdivision 10; 122A.61; 123B.05; 126C.12; 128C.15, subdivision 3; 134.34,
subdivisions 1, 3, 4, 7; 162.02, subdivisions 3, 3a, 3b; 162.09, subdivisions 3, 3a;
162.155; 174.75, subdivision 4; 216C.19, subdivision 1; 254A.08, subdivisions
1, 2; 256G.06; 256M.30, subdivision 5; 326B.145; 340A.403, subdivision 4;
346.13; 346.14; 346.15; 346.155, subdivision 9; 382.265; 388.24, subdivision 4;
395.14; 395.15; 395.16; 395.17; 395.18; 395.19; 395.20; 395.21; 395.22; 395.23;
395.24; 471.6161, subdivision 5; 471.661; 471.991; 471.992, subdivisions 1,
2, 4; 471.993; 471.994; 471.995; 471.9966; 471.997; 471.9981, subdivisions
5a, 5b, 6, 7; 471.999; 626.8468, subdivision 1; 626A.17; Laws 2010, chapter
351, section 72; Minnesota Rules, parts 3525.2340; 8820.2500; 8820.2700;
8820.3100, subparts 1, 2, 5, 6, 7a, 8, 9a, 10; 8820.3300; 8820.3400; 8820.4060;
8820.9920; 8820.9922; 8820.9926, subpart 1; 8820.9936; 8820.9946; 8820.9956;
8820.9961; 8820.9981; 8820.9986; 8820.9990; 8820.9995; 8885.0100;
8885.0200; 8885.0300.

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

ARTICLE 1

TRANSPORTATION

Section 1.

Minnesota Statutes 2010, section 162.02, subdivision 1, is amended to read:

Subdivision 1.

Creation.

There is created a county state-aid highway system which
must be established, located, constructed, reconstructed, improved, and maintained as
public highways by the counties deleted text begin under rules not inconsistent with this section made and
promulgated by the commissioner as provided in this chapter deleted text end . The counties are vested
with the rights, title, easements, and their appurtenances, held by or vested in any of the
towns or municipal subdivisions or dedicated to the public use prior to the time a road or
portion of a road is taken over by the county as a county state-aid highway.

Sec. 2.

Minnesota Statutes 2010, section 162.02, subdivision 2, is amended to read:

Subd. 2.

Rules deleted text begin ; advisory committee deleted text end .

deleted text begin (a) The rules shall be made and promulgated
by the commissioner acting with the advice of a committee selected by the several county
boards acting through the officers of the statewide association of county commissioners.
The committee shall be composed of nine members so selected that each member shall
be from a different state highway construction district. Not more than five of the nine
members of the committee shall be county commissioners. The remaining members shall
be county highway engineers. In the event that agreement cannot be reached on any rule,
the commissioner's determination shall be final. The rules shall be printed and copies
forwarded to the county engineers of the several counties. For the purposes of this section,
the expedited process for adopting rules established in section 14.389 may be used.
deleted text end

deleted text begin (b) Notwithstanding section 15.059, subdivision 5, the committee does not expire.
deleted text end

new text begin The commissioner shall adopt rules for establishment, location, designation, and
financial assistance to the county state-aid highway system. Such rules may not include
engineering or design standards for county state-aid highway construction, reconstruction,
and maintenance.
new text end

Sec. 3.

Minnesota Statutes 2010, section 162.02, subdivision 10, is amended to read:

Subd. 10.

Abandonment or revocation.

County state-aid highways may be
abandoned, changed, or revoked by joint action of the county board and the commissioner.
If a county state-aid highway is established or located within the limits of a city, it shall
not be abandoned, changed, or revoked without the concurrence of the governing body of
such city; provided, that any county state-aid highway established or located within a city
may be abandoned, or revoked without concurrence if the city refuses or neglects for a
period of one year after submittal to approve plans for the construction of such highway
deleted text begin which plans conform to the construction standards provided in the commissioner's rules deleted text end .

Sec. 4.

Minnesota Statutes 2010, section 162.021, subdivision 1, is amended to read:

Subdivision 1.

Establishment; rules.

(a) The commissioner shall establish a natural
preservation routes category within the county state-aid highway system.

(b) Natural preservation routes include those routes that possess particular scenic,
environmental, or historical characteristics, such as routes along lakes or through forests,
wetlands, or flood plains, that would be harmed by construction or reconstruction deleted text begin meeting
the engineering standards under section 162.07 or the rules adopted under that section deleted text end .

(c) The commissioner shall adopt rules deleted text begin establishing minimum construction and
reconstruction standards deleted text end that address public safety and reflect the function, lower traffic
volume, and slower speed on natural preservation routes. deleted text begin The rules may not establish
standards for natural preservation routes that are higher than the standards for national
forest highways within national forests and state park access roads within state parks.
Design standards specifying the width of vehicle recovery areas on forest highways,
forest and park roads, and on natural preservation routes must minimize harmful
environmental impact. deleted text end new text begin Such rules may not include engineering or design standards for
natural preservation route construction, reconstruction, and maintenance.
new text end

Sec. 5.

Minnesota Statutes 2010, section 162.07, subdivision 2, is amended to read:

Subd. 2.

Money needs defined.

For the purpose of this section, money needs
of each county are defined as the estimated total annual costs of constructing, over a
period of 25 years, the county state-aid highway system in that county. Costs incidental to
construction, or a specified portion thereof as set forth in the commissioner's rules may be
included in determining money needs. To avoid variances in costs due to differences in
construction policy, construction costs shall be estimated on the basis of the engineering
standards developed cooperatively by deleted text begin the commissioner and deleted text end the county engineers of
the several counties.

Sec. 6.

Minnesota Statutes 2010, section 162.09, subdivision 1, is amended to read:

Subdivision 1.

Creation; mileage limitation; rules.

(a) There is created a
municipal state-aid street system within statutory and home rule charter cities having
a population of 5,000 or more. The extent of the municipal state-aid street system for
a city shall not exceed:

(1) 20 percent of the total miles of city streets and county roads partially or totally
within the jurisdiction of that city; plus

(2) the mileage of all trunk highways reverted or turned back to the jurisdiction of
the city pursuant to law on and after July 1, 1965; plus

(3) the mileage of county highways reverted or turned back to the jurisdiction of the
city pursuant to law on or after May 11, 1994.

(b) For purposes of this subdivision, the total miles of city streets and county roads
within the jurisdiction of a city includes all miles of county highways turned back to that
city's jurisdiction on or after May 11, 1994.

(c) The system shall be established, located, constructed, reconstructed, improved,
and maintained as public highways partially or totally within such cities deleted text begin under rules, not
inconsistent with this section, made and promulgated by the commissioner as hereinafter
provided deleted text end .

Sec. 7.

Minnesota Statutes 2010, section 162.09, subdivision 2, is amended to read:

Subd. 2.

Rules deleted text begin ; advisory committee deleted text end .

deleted text begin (a) The rules shall be made and promulgated
by the commissioner acting with the advice of a committee selected by the governing
bodies of such cities, acting through the officers of the statewide association of municipal
officials. The committee shall be composed of 12 members, so selected that there shall be
one member from each state highway construction district and in addition one member
from each city of the first class. Not more than six members of the committee shall be
elected officials of the cities. The remaining members of the committee shall be city
engineers. In the event that agreement cannot be reached on any rule the commissioner's
determination shall be final. The rules shall be printed and copies forwarded to the clerks
and engineers of the cities. For the purposes of this section, the expedited process for
adopting rules established in section 14.389 may be used.
deleted text end

deleted text begin (b) Notwithstanding section 15.059, subdivision 5, the committee does not expire.
deleted text end

new text begin The commissioner shall adopt rules for establishment, location, designation, and
financial assistance to the municipal state-aid street system. Such rules may not include
engineering or design standards for municipal state-aid street construction, reconstruction,
and maintenance.
new text end

Sec. 8.

Minnesota Statutes 2010, section 162.13, subdivision 2, is amended to read:

Subd. 2.

Money needs defined.

For the purpose of this section money needs of each
city having a population of 5,000 or more are defined as the estimated cost of constructing
and maintaining over a period of 25 years the municipal state-aid street system in such
city. Right-of-way costs and drainage shall be included in money needs. Lighting costs
and other costs incidental to construction and maintenance, or a specified portion of such
costs, as set forth in the commissioner's rules, may be included in determining money
needs. When a county locates a county state-aid highway over a portion of a street in any
such city and the remaining portion is designated as a municipal state-aid street only the
construction and maintenance costs of the portion of the street other than the portions taken
over by the county shall be included in the money needs of the city. To avoid variances
in costs due to differences in construction and maintenance policy, construction and
maintenance costs shall be estimated on the basis of the engineering standards developed
cooperatively by deleted text begin the commissioner and deleted text end the engineers, or a committee thereof, of the cities.

Sec. 9. new text begin RULEMAKING; ELIMINATION OF ENGINEERING STANDARDS.
new text end

new text begin (a) By December 31, 2011, the commissioner of transportation shall amend
Minnesota Rules to (1) eliminate any references to engineering and design standards
previously established by the commissioner under Minnesota Rules, chapter 8820; and (2)
identify approved engineering and design standards under Minnesota Rules, chapter 8820,
only as those standards developed by the several cities with respect to municipal state-aid
streets, or the several counties with respect to county state-aid highways.
new text end

new text begin (b) The rules adopted by the commissioner under paragraph (a) are exempt from
the rulemaking provisions of Minnesota Statutes, chapter 14. The rules are subject to
Minnesota Statutes, section 14.386, except that, notwithstanding paragraph (b) of that
section, the rules continue in effect until repealed or superseded by other law or rule.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 10. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2010, sections 162.02, subdivisions 3, 3a, and 3b; 162.09,
subdivisions 3 and 3a; 162.155; and 174.75, subdivision 4, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 8820.2500; 8820.2700; 8820.3100, subparts 1, 2, 5, 6,
7a, 8, 9a, and 10; 8820.3300; 8820.3400; 8820.4060; 8820.9920; 8820.9922; 8820.9926,
subpart 1; 8820.9936; 8820.9946; 8820.9956; 8820.9961; 8820.9981; 8820.9986;
8820.9990; and 8820.9995, new text end new text begin are repealed.
new text end

new text begin (c) new text end new text begin Laws 2010, chapter 351, section 72, new text end new text begin is repealed.
new text end

ARTICLE 2

HUMAN SERVICES

Section 1.

Minnesota Statutes 2010, section 256M.01, is amended to read:

256M.01 CITATION.

Sections 256M.01 to 256M.80 may be cited as the "Children and Community
Services Act." This act establishes a fund to address the needs of children, adolescents,
and adults within each county in accordance with a service plan entered into by the board
of county commissioners of each county and the commissioner. The service plan shall
specify the outcomes to be achieved, the general strategies to be employed, and the
respective state and county roles. deleted text begin The service plan shall be reviewed and updated every
two years, or sooner if both the state and the county deem it necessary. deleted text end

Sec. 2.

Minnesota Statutes 2010, section 256M.30, subdivision 1, is amended to read:

Subdivision 1.

Service plan submitted to commissioner.

deleted text begin Effective January 1,
2004, and each two-year period thereafter, deleted text end Each county must have a deleted text begin biennial deleted text end service
plan approved by the commissioner in order to receive funds. Counties may submit
multicounty or regional service plans.

Sec. 3.

Minnesota Statutes 2010, section 256M.30, subdivision 2, is amended to read:

Subd. 2.

Contents.

The service plan shall be completed in a form prescribed by
the commissioner. The plan must include:

(1) a statement of the needs of the children, adolescents, and adults who experience
the conditions defined in section 256M.10, subdivision 2, paragraph (a), and strengths and
resources available in the community to address those needs;

(2) strategies the county will pursue to achieve the performance targets. Strategies
must include specification of how funds under this section and other community resources
will be used to achieve desired performance targets;

(3) a description of the county's process to solicit public input and a summary of
that input;

(4) deleted text begin beginning with the service plans submitted for the period from January 1,
2006, through December 31, 2007, deleted text end performance targets on statewide indicators for each
county to measure outcomes of children's mental health, and child safety, permanency,
and well-being. The commissioner shall consult with counties and other stakeholders to
develop these indicators and collect baseline data to inform the establishment of individual
county performance targets deleted text begin for the 2006-2007 biennium deleted text end and subsequent plans; and

(5) a budget for services to be provided with funds under this section. The county
must budget at least 40 percent of funds appropriated under sections 256M.01 to 256M.80
for services to ensure the mental health, safety, permanency, and well-being of children
from low-income families. The commissioner may reduce the portion of child and
community services funds that must be budgeted by a county for services to children in
low-income families if:

(i) the incidence of children in low-income families within the county's population is
significantly below the statewide median; or

(ii) the county has successfully achieved past performance targets for children's
mental health, and child safety, permanency, and well-being and its proposed service plan
is judged by the commissioner to provide an adequate level of service to the population
with less funding.

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 256M.30, subdivision 5, new text end new text begin is repealed.
new text end

ARTICLE 3

ENVIRONMENT

Section 1.

Minnesota Statutes 2010, section 103G.291, subdivision 3, is amended to
read:

Subd. 3.

Water supply plans; demand reduction.

(a) Every public water supplier
serving more than 1,000 people must submit a water supply plan to the commissioner
for approval by January 1, 1996. In accordance with guidelines developed by the
commissioner, the plan must address projected demands, adequacy of the water supply
system and planned improvements, existing and future water sources, natural resource
impacts or limitations, emergency preparedness, water conservation, supply and demand
reduction measures, and allocation priorities that are consistent with section 103G.261.
Public water suppliers must update their plan and, upon notification, submit it to the
commissioner for approval every ten years.

(b) The water supply plan in paragraph (a) is required for all communities in the
metropolitan area, as defined in section 473.121, with a municipal water supply system
and is a required element of the local comprehensive plan required under section 473.859.
Water supply plans or updates submitted after December 31, 2008, must be consistent
with the metropolitan area master water supply plan required under section 473.1565,
subdivision 1, paragraph (a), clause (2).

(c) Public water suppliers serving more than 1,000 people must employ water
use demand reduction measures deleted text begin , including a conservation rate structure, as defined in
subdivision 4, paragraph (a), unless exempted under subdivision 4, paragraph (c), deleted text end before
requesting approval from the commissioner of health under section 144.383, paragraph
(a), to construct a public water supply well or requesting an increase in the authorized
volume of appropriation. new text begin A public water supplier in the metropolitan area, as defined
in section 473.121, subdivision 2, that serves more than 1,000 people must include a
conservation rate structure, as defined in subdivision 4, paragraph (a), unless exempted
under subdivision 4, paragraph (c). new text end Demand reduction measures must include deleted text begin evaluation
of conservation rate structures and deleted text end a public education program that may include a toilet
and showerhead retrofit program.

(d) Public water suppliers serving more than 1,000 people must submit records
that indicate the number of connections and amount of use by customer category and
volume of water unaccounted for with the annual report of water use required under
section 103G.281, subdivision 3.

(e) For the purposes of this section, "public water supplier" means an entity
that owns, manages, or operates a public water supply, as defined in section 144.382,
subdivision 4.

Sec. 2.

Minnesota Statutes 2010, section 103G.291, subdivision 4, is amended to read:

Subd. 4.

Conservation rate structure required.

(a) For the purposes of this
section, "conservation rate structure" means a rate structure that encourages conservation
and may include increasing block rates, seasonal rates, time of use rates, individualized
goal rates, or excess use rates. The rate structure must consider each residential unit as an
individual user in multiple-family dwellings.

(b) To encourage conservation, a public water supplier deleted text begin serving more than 1,000
people deleted text end in the metropolitan area, as defined in section 473.121, subdivision 2, new text begin that serves
more than 1,000 people new text end shall use a conservation rate structure by January 1, 2010. deleted text begin All
remaining public water suppliers serving more than 1,000 people shall use a conservation
rate structure by January 1, 2013.
deleted text end

(c) A public water supplier without the proper measuring equipment to track the
amount of water used by its users, as of July 1, 2008, is exempt from this subdivision and
the conservation rate structure requirement under subdivision 3, paragraph (c).

Sec. 3.

Minnesota Statutes 2010, section 115A.931, is amended to read:

115A.931 YARD WASTE PROHIBITION.

(a) Except as authorized by the agency, in the metropolitan area after January 1,
1990, and outside the metropolitan area after January 1, 1992, a person may not place
yard waste:

(1) in mixed municipal solid waste;

(2) in a disposal facility; or

(3) in a resource recovery facility except for the purposes of reuse, composting, or
cocomposting.

(b) MS 2008 [Renumbered 115A.03, subd 38]

deleted text begin (c) On or after January 1, 2010, a person may not place yard waste or
source-separated compostable materials generated in a metropolitan county in a plastic bag
delivered to a transfer station or compost facility unless the bag meets all the specifications
in ASTM Standard Specification for Compostable Plastics (D6400). For purposes of this
paragraph, "metropolitan county" has the meaning given in section 473.121, subdivision
4, and "ASTM" has the meaning given in section 296A.01, subdivision 6.
deleted text end

deleted text begin (d) A person who immediately empties a plastic bag containing yard waste or
source-separated compostable materials delivered to a transfer station or compost facility
and removes the plastic bag from the transfer station or compost facility is exempt from
paragraph (c).
deleted text end

deleted text begin (e) Residents of a city of the first class that currently contracts for the collection of
yard waste are exempt from paragraph (c) until January 1, 2013, if, by that date, the
city implements a citywide source-separated compostable materials collection program
using durable carts.
deleted text end

Sec. 4.

Minnesota Statutes 2010, section 216B.2425, subdivision 2, is amended to read:

Subd. 2.

List development; transmission projects report.

(a) By November
1 of each odd-numbered year, a transmission projects report must be submitted to the
commission by each utility, organization, or company that:

(1) is a public utility, deleted text begin a municipal utility, deleted text end a cooperative electric association, the
generation and transmission organization that serves each utility or association, or a
transmission company; and

(2) owns or operates electric transmission lines in Minnesota.

(b) The report may be submitted jointly or individually to the commission.

(c) The report must:

(1) list specific present and reasonably foreseeable future inadequacies in the
transmission system in Minnesota;

(2) identify alternative means of addressing each inadequacy listed;

(3) identify general economic, environmental, and social issues associated with
each alternative; and

(4) provide a summary of public input related to the list of inadequacies and the role
of local government officials and other interested persons in assisting to develop the list
and analyze alternatives.

(d) To meet the requirements of this subdivision, reporting parties may rely on
available information and analysis developed by a regional transmission organization
or any subgroup of a regional transmission organization and may develop and include
additional information as necessary.

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 216C.19, subdivision 1; new text end new text begin and new text end new text begin Minnesota Rules,
parts 8885.0100; 8885.0200; and 8885.0300, new text end new text begin are repealed.
new text end

ARTICLE 4

PUBLIC SAFETY AND COURTS

Section 1.

Minnesota Statutes 2010, section 134A.12, is amended to read:

134A.12 TAXABLE AS COSTS.

The law library fee is a cost in the action and taxable as such, and is to be allotted
for the support of the library. new text begin If a county has a surplus in its law library fund, the surplus
funds may be allotted for costs relating to court facilities under section 484.77.
new text end

Sec. 2.

Minnesota Statutes 2010, section 241.021, subdivision 1, is amended to read:

Subdivision 1.

Correctional facilities; inspection; licensing.

(a) Except as
provided in deleted text begin paragraph (b) deleted text end new text begin paragraphs (b) and (g) new text end , the commissioner of corrections shall
inspect and license all correctional facilities throughout the state, whether public or private,
established and operated for the detention and confinement of persons detained or confined
therein according to law except to the extent that they are inspected or licensed by other
state regulating agencies. The commissioner shall promulgate pursuant to chapter 14, rules
establishing minimum standards for these facilities with respect to their management,
operation, physical condition, and the security, safety, health, treatment, and discipline
of persons detained or confined therein. Commencing September 1, 1980, no individual,
corporation, partnership, voluntary association, or other private organization legally
responsible for the operation of a correctional facility may operate the facility unless
licensed by the commissioner of corrections. Private adult correctional facilities shall have
the authority of section 624.714, subdivision 13, if the Department of Corrections licenses
the facility with such authority and the facility meets requirements of section 243.52. The
commissioner shall review the correctional facilities described in this subdivision at least
once every biennium, except as otherwise provided herein, to determine compliance with
the minimum standards established pursuant to this subdivision. The commissioner shall
grant a license to any facility found to conform to minimum standards or to any facility
which, in the commissioner's judgment, is making satisfactory progress toward substantial
conformity and the interests and well-being of the persons detained or confined therein
are protected. The commissioner may grant licensure up to two years. The commissioner
shall have access to the buildings, grounds, books, records, staff, and to persons detained
or confined in these facilities. The commissioner may require the officers in charge of
these facilities to furnish all information and statistics the commissioner deems necessary,
at a time and place designated by the commissioner. The commissioner may require that
any or all such information be provided through the Department of Corrections detention
information system. The education program offered in a correctional facility for the
detention or confinement of juvenile offenders must be approved by the commissioner of
education before the commissioner of corrections may grant a license to the facility.

(b) For juvenile facilities licensed by the commissioner of human services, the
commissioner may inspect and certify programs based on certification standards set forth
in Minnesota Rules. For the purpose of this paragraph, "certification" has the meaning
given it in section 245A.02.

(c) Any state agency which regulates, inspects, or licenses certain aspects of
correctional facilities shall, insofar as is possible, ensure that the minimum standards
it requires are substantially the same as those required by other state agencies which
regulate, inspect, or license the same aspects of similar types of correctional facilities,
although at different correctional facilities.

(d) Nothing in this section shall be construed to limit the commissioner of
corrections' authority to promulgate rules establishing standards of eligibility for counties
to receive funds under sections 401.01 to 401.16, or to require counties to comply with
operating standards the commissioner establishes as a condition precedent for counties
to receive that funding.

(e) When the commissioner finds that any facility described in paragraph (a), except
foster care facilities for delinquent children and youth as provided in subdivision 2, does
not substantially conform to the minimum standards established by the commissioner and
is not making satisfactory progress toward substantial conformance, the commissioner
shall promptly notify the chief executive officer and the governing board of the facility
of the deficiencies and order that they be remedied within a reasonable period of time.
The commissioner may by written order restrict the use of any facility which does not
substantially conform to minimum standards to prohibit the detention of any person
therein for more than 72 hours at one time. When, after due notice and hearing, the
commissioner finds that any facility described in this subdivision, except county jails and
lockups as provided in sections 641.26, 642.10, and 642.11, does not conform to minimum
standards, or is not making satisfactory progress toward substantial compliance therewith,
the commissioner may issue an order revoking the license of that facility. After revocation
of its license, that facility shall not be used until its license is renewed. When the
commissioner is satisfied that satisfactory progress towards substantial compliance with
minimum standard is being made, the commissioner may, at the request of the appropriate
officials of the affected facility supported by a written schedule for compliance, grant an
extension of time for a period not to exceed one year.

(f) As used in this subdivision, "correctional facility" means any facility, including a
group home, having a residential component, the primary purpose of which is to serve
persons placed therein by a court, court services department, parole authority, or other
correctional agency having dispositional power over persons charged with, convicted,
or adjudicated to be guilty or delinquent.

new text begin (g) Notwithstanding any law to the contrary, temporary detention facilities
and detoxification centers are not subject to the requirements of this section and the
corresponding rules promulgated by the commissioner.
new text end

Sec. 3.

Minnesota Statutes 2010, section 257.69, subdivision 1, is amended to read:

Subdivision 1.

Representation by counsel.

In all proceedings under sections
257.51 to 257.74, any party may be represented by counsel. The county attorney shall
represent the public authority. The court deleted text begin shall deleted text end new text begin may new text end appoint counsel for a party who is
unable to pay timely for counsel in proceedings under sections 257.51 to 257.74.

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 254A.08, subdivisions 1 and 2; 256G.06; 388.24,
subdivision 4; 626.8468, subdivision 1; and 626A.17, new text end new text begin are repealed.
new text end

ARTICLE 5

GENERAL LOCAL GOVERNMENT

Section 1.

Minnesota Statutes 2010, section 6.48, is amended to read:

6.48 EXAMINATION OF COUNTIES; COST, FEES.

new text begin (a) new text end All the powers and duties conferred and imposed upon the state auditor shall
be exercised and performed by the state auditor in respect to the offices, institutions,
public property, and improvements of several counties of the state. At least once in each
year, if funds and personnel permit, the state auditor may visit, without previous notice,
each county and make a thorough examination of all accounts and records relating to the
receipt and disbursement of the public funds and the custody of the public funds and
other property. If the audit is performed by a private certified public accountant, the state
auditor may require additional information from the private certified public accountant as
the state auditor deems in the public interest. The state auditor may accept the audit or
make additional examinations as the state auditor deems to be in the public interest. The
state auditor shall prescribe and install systems of accounts and financial reports that shall
be uniform, so far as practicable, for the same class of offices. A copy of the report of
such examination shall be filed and be subject to public inspection in the office of the state
auditor and another copy in the office of the auditor of the county thus examined. The state
auditor may accept the records and audit, or any part thereof, of the Department of Human
Services in lieu of examination of the county social welfare funds, if such audit has been
made within any period covered by the state auditor's audit of the other records of the
county. If any such examination shall disclose malfeasance, misfeasance, or nonfeasance
in any office of such county, such report shall be filed with the county attorney of the
county, and the county attorney shall institute such civil and criminal proceedings as the
law and the protection of the public interests shall require.

new text begin (b) new text end The county receiving any examination shall pay to the state general fund,
notwithstanding the provisions of section 16A.125, the total cost and expenses of such
examinations, including the salaries paid to the examiners while actually engaged in
making such examination. The state auditor on deeming it advisable may bill counties,
having a population of 200,000 or over, monthly for services rendered and the officials
responsible for approving and paying claims shall cause said bill to be promptly paid. The
general fund shall be credited with all collections made for any such examinations.

new text begin (c) Notwithstanding paragraph (a), a county may provide for an audit to be
performed by a private certified public accountant. The audit performed under this
paragraph must meet the standards and be in the form required by the state auditor.
The state auditor may require additional information from the private certified public
accountant as the state auditor deems in the public interest, but the state auditor must
accept the audit unless the state auditor determines that it does not meet recognized
auditing industry standards. A county audited by a private public accountant cannot be
required to pay to the state general fund any costs for state auditor services.
new text end

Sec. 2.

new text begin [6.485] FEDERAL SINGLE AUDIT.
new text end

new text begin A political subdivision that prepares a single audit that meets the requirements in
United States Code, title 31, section 7501 et seq., may submit the audit to the state auditor
to satisfy the audit requirements of this chapter.
new text end

Sec. 3.

Minnesota Statutes 2010, section 13.202, subdivision 9, is amended to read:

Subd. 9.

Municipal rights.

(a) Self-insurer claims. Disclosure of information
about individual claims filed by the employees of a municipality which is a self-insurer is
governed by section 471.617, subdivision 5.

(b) Meetings of governing bodies. Treatment of data discussed at meetings of
governing bodies is governed by section 13D.05.

deleted text begin (c) Job evaluation system reports. Treatment of reports containing the results of
job evaluation systems is governed by section 471.995.
deleted text end

deleted text begin (d) Pay equity compliance. Implementation reports of equitable compensation
plans are classified by section 471.9981, subdivision 5b.
deleted text end

Sec. 4.

Minnesota Statutes 2010, section 299A.77, is amended to read:

299A.77 ALCOHOL ENFORCEMENT ACCOUNT; APPROPRIATION.

(a) An alcohol enforcement account is created in the special revenue fund, consisting
of money credited to the account by law. Money in the account may be appropriated
by law for (1) costs of the Alcohol and Gambling Division related to administration
and enforcement of sections deleted text begin 340A.403, subdivision 4; deleted text end 340A.414, subdivision 1a deleted text begin ; deleted text end new text begin , new text end and
340A.504, subdivision 7; and (2) costs of the State Patrol.

(b) The commissioner shall transfer from the account to the trunk highway fund
$3,500,000 in fiscal year 2004 and $3,700,000 in fiscal year 2005, or so much thereof as
is necessary to pay costs of adding State Patrol positions.

Sec. 5.

Minnesota Statutes 2010, section 326B.133, subdivision 1, is amended to read:

Subdivision 1.

Designation.

Each municipality deleted text begin shall deleted text end new text begin may new text end designate a building
official to administer the code. A municipality may designate no more than one building
official responsible for code administration defined by each certification category created
by statute or rule. Two or more municipalities may combine in the designation of a
building official for the purpose of administering the provisions of the code within their
communities. In those municipalities for which no building officials have been designated,
the state building official may use whichever state employees are necessary to perform
the duties of the building official until the municipality makes a temporary or permanent
designation. All costs incurred by virtue of these services rendered by state employees
must be borne by the involved municipality and receipts arising from these services must
be paid to the commissioner.

Sec. 6.

Minnesota Statutes 2010, section 331A.12, is amended to read:

331A.12 WEB SITE PUBLICATION deleted text begin OF LOCAL TRANSPORTATION RFP deleted text end .

Subdivision 1.

Definitions.

(a) The terms defined in this subdivision and section
331A.01 apply to this section.

(b) "Web site" means a specific, addressable location provided on a server connected
to the Internet and hosting World Wide Web pages and other files that are generally
accessible on the Internet all or most of the day.

Subd. 2.

Designation.

At the meeting of the governing body of the deleted text begin local public
corporation deleted text end new text begin political subdivision new text end at which the governing body must designate its official
newspaper for the year, the governing body may designate in the same manner publication
of transportation projects new text begin , proceedings, official notices, and summaries new text end on the deleted text begin local public
corporation's deleted text end new text begin political subdivision's new text end Web site. Publication on the Web site may be used
in place of or in addition to any other required form of publication. Each year after
designating publication on the Web site for transportation projects, new text begin proceedings, official
notices, and summaries, new text end the deleted text begin local public corporation deleted text end new text begin political subdivision new text end must publish in
a qualified newspaper in the jurisdiction and on the Web site, notice that the deleted text begin local public
corporation deleted text end new text begin political subdivision new text end will publish any advertisements for bids new text begin , proceedings,
official notices, and summaries new text end on its Web site.

Subd. 3.

Form, time for publication same.

A deleted text begin local public corporation deleted text end new text begin political
subdivision new text end that publishes on its Web site under this section must post the information in
substantially the same format and for the same period of time as required for publication
in an official newspaper or other print publication.

Subd. 4.

Record retention.

A deleted text begin local public corporation deleted text end new text begin political subdivision new text end that
publishes notice on its Web site under this section must ensure that a permanent record of
publication is maintained in a form accessible by the public.

new text begin Subd. 5. new text end

new text begin Print copies. new text end

new text begin When a political subdivision publishes exclusively on the
Web site, it must also make print copies of all published documents available at the main
office of the political subdivision, any other government offices designated by the political
subdivision, all public libraries within the jurisdiction, and by mail upon request.
new text end

new text begin Subd. 6. new text end

new text begin Newspaper notice of Web site publication. new text end

new text begin Each year after designating
alternative publication on the Web site, the political subdivision must publish notice of
the alternative means of publication in a qualified newspaper in the jurisdiction and on
the Web site.
new text end

Sec. 7.

Minnesota Statutes 2010, section 383B.914, subdivision 1, is amended to read:

Subdivision 1.

Health system human resources system.

Persons employed at the
corporation created shall be subject to a human resources system that is designed to offer
appropriate benefits to workers employed in a health care setting. This human resources
system shall replace the general county human resources system prescribed in sections
383B.26 to 383B.42, and any rules related to it. The corporation shall have the authority
to establish all personnel policies and practices, negotiate applicable labor agreements,
and set all levels of compensation and benefits which are considered appropriate by the
board except as limited in this section. The human resources system is subject to the
following human resources requirements:

deleted text begin (1) determine compensation according to the pay equity requirements under sections
471.991 to 471.999;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end provide preferences for veterans according to the Veterans Preference Act
under sections 197.455, 197.46, and 375.63; and

deleted text begin (3) deleted text end new text begin (2) new text end provide an appeals process for an individual who is discharged, demoted,
or suspended.

Sec. 8.

Minnesota Statutes 2010, section 462.355, subdivision 4, is amended to read:

Subd. 4.

Interim ordinance.

(a) deleted text begin If a municipality is conducting studies or has
authorized a study to be conducted or has held or has scheduled a hearing for the purpose
of considering adoption or amendment of a comprehensive plan or official controls
as defined in section 462.352, subdivision 15, or if new territory for which plans or
controls have not been adopted is annexed to a municipality, deleted text end The governing body of the
municipality may adopt an interim ordinance applicable to all or part of its jurisdiction
deleted text begin for the purpose of protecting the planning process and the health, safety and welfare of its
citizens deleted text end . The interim ordinance may regulate, restrict, or prohibit any use, development,
or subdivision within the jurisdiction or a portion thereof for a period not to exceed one
year from the date it is effective.

(b) If a proposed interim ordinance purports to regulate, restrict, or prohibit activities
relating to livestock production, a public hearing must be held following a ten-day notice
given by publication in a newspaper of general circulation in the municipality before
the interim ordinance takes effect.

(c) The period of an interim ordinance applicable to an area that is affected by
a city's master plan for a municipal airport may be extended for such additional periods
as the municipality may deem appropriate, not exceeding a total additional period of 18
months. In all other cases, no interim ordinance may halt, delay, or impede a subdivision
that has been given preliminary approval, nor may any interim ordinance extend the
time deadline for agency action set forth in section 15.99 with respect to any application
filed prior to the effective date of the interim ordinance. The governing body of the
municipality may extend the interim ordinance after a public hearing and written findings
have been adopted based upon one or more of the conditions in clause (1), (2), or (3).
The public hearing must be held at least 15 days but not more than 30 days before the
expiration of the interim ordinance, and notice of the hearing must be published at least
ten days before the hearing. The interim ordinance may be extended for the following
conditions and durations, but, except as provided in clause (3), an interim ordinance may
not be extended more than an additional 18 months:

(1) up to an additional 120 days following the receipt of the final approval or review
by a federal, state, or metropolitan agency when the approval is required by law and the
review or approval has not been completed and received by the municipality at least 30
days before the expiration of the interim ordinance;

(2) up to an additional 120 days following the completion of any other process
required by a state statute, federal law, or court order, when the process is not completed at
least 30 days before the expiration of the interim ordinance; or

(3) up to an additional one year if the municipality has not adopted a comprehensive
plan under this section at the time the interim ordinance is enacted.

Sec. 9.

Minnesota Statutes 2010, section 465.719, subdivision 9, is amended to read:

Subd. 9.

Application of other laws.

A corporation created by a political subdivision
under this section must comply with every law that applies to the political subdivision,
as if the corporation is a part of the political subdivision, unless the resolution ratifying
creation of the corporation specifically exempts the corporation from part or all of a law.
If the resolution exempts the corporation from part or all of a law, the resolution must
make a detailed and specific finding as to why the corporation cannot fulfill its purpose if
the corporation is subject to that law. A corporation may not be exempted from chapter
13D, the Minnesota Open Meeting Law, sections 138.163 to 138.25, governing records
management, or chapter 13, the Minnesota Government Data Practices Act. Any affected
or interested person may bring an action in district court to void the resolution on the
grounds that the findings are not sufficiently detailed and specific, or that the corporation
can fulfill its purpose if it is subject to the law from which the resolution exempts the
corporation. Laws that apply to a political subdivision that also apply to a corporation
created by a political subdivision under this subdivision include, but are not limited to:

(1) chapter 13D, the Minnesota Open Meeting Law;

(2) chapter 13, the Minnesota Government Data Practices Act;

(3) section 471.345, the Uniform Municipal Contracting Law;

(4) sections 43A.17, limiting the compensation of employees based on the governor's
salary deleted text begin ; 471.991 to 471.999, providing for equitable pay; deleted text end new text begin , new text end and 465.72 and 465.722,
governing severance pay;

(5) if the corporation issues debt, its debt is included in the political subdivision's
debt limit if it would be included if issued by the political subdivision, and issuance of the
debt is subject to the election and other requirements of chapter 475 and section 471.69;

(6) section 471.895, prohibiting acceptance of gifts from interested parties, and
sections 471.87 to 471.89, relating to interests in contracts;

(7) chapter 466, relating to municipal tort liability;

(8) chapter 118A, requiring deposit insurance or bond or pledged collateral for
deposits;

(9) chapter 118A, restricting investments;

(10) section 471.346, requiring ownership of vehicles to be identified;

(11) sections 471.38 to 471.41, requiring claims to be in writing, itemized, and
approved by the governing board before payment can be made; and

(12) the corporation cannot make advances of pay, make or guarantee loans to
employees, or provide in-kind benefits unless authorized by law.

Sec. 10.

Minnesota Statutes 2010, section 471.697, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Federal single audit. new text end

new text begin A city or town that prepares a single audit that meets
the requirements in United States Code, title 31, section 7501 et seq., may submit the audit
to the state auditor to satisfy the requirements of this section.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 43A.04, subdivision 10; 128C.15, subdivision 3;
326B.145; 340A.403, subdivision 4; 382.265; 395.14; 395.15; 395.16; 395.17; 395.18;
395.19; 395.20; 395.21; 395.22; 395.23; 395.24; 471.6161, subdivision 5; 471.661;
471.991; 471.992, subdivisions 1, 2, and 4; 471.993; 471.994; 471.995; 471.9966;
471.997; 471.9981, subdivisions 5a, 5b, 6, and 7; and 471.999, new text end new text begin are repealed.
new text end

ARTICLE 6

ANIMAL CONTROL

Section 1.

Minnesota Statutes 2010, section 347.14, subdivision 1, is amended to read:

Subdivision 1.

Seizure; impoundment; presumption.

Any person may seize,
impound, or restrain any unlicensed dog which the person may find running at large. The
fact that a dog is without a license attached to a collar shall be presumptive evidence that
the dog is unlicensed. The sheriff and sheriff's deputies or other police officer deleted text begin shall deleted text end new text begin may new text end
seize, impound or restrain any dog for which no license has been issued and for which one
is required. Any officer who shall seize, restrain, impound, or kill any dog found in any
place without a license, as required under sections 347.09 to 347.20, upon delivery of such
dog or carcass and the proper disposal of the carcass and after making a report to the town
or city treasurer of the town or city in which the dog was seized or killed, showing that the
dog did not have a license, shall receive therefor a payment of $2, the same to be made
from any funds in the town or city treasury not otherwise appropriated.

The county auditor shall reimburse the town for any expense incurred under section
347.10 and shall charge such expense to the dog license fund.

Sec. 2.

Minnesota Statutes 2010, section 347.565, is amended to read:

347.565 APPLICABILITY.

Sections 347.50 to 347.56 deleted text begin must deleted text end new text begin may new text end be enforced by animal control authorities or
law enforcement agencies, whether or not these sections have been adopted into local
ordinance.

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 346.13; 346.14; 346.15; and 346.155, subdivision
9, new text end new text begin are repealed.
new text end

ARTICLE 7

EDUCATION

Section 1.

Minnesota Statutes 2010, section 122A.414, subdivision 1a, is amended to
read:

Subd. 1a.

Transitional planning year.

(a) To be eligible to participate in an
alternative teacher professional pay system, a school district, intermediate school district,
or site, at least one school year before it expects to fully implement an alternative pay
system, must:

(1) submit to the department a letter of intent executed by the school district or
intermediate school district and the exclusive representative of the teachers to complete a
plan preparing for full implementation, consistent with subdivision 2, that may include,
among other activities, training to evaluate teacher performance, a restructured school
day to develop integrated ongoing site-based professional development activities, release
time to develop an alternative pay system agreement, and teacher and staff training on
using multiple data sources; and

(2) agree to use up to two percent of basic revenue for staff development purposes,
consistent with deleted text begin sections deleted text end new text begin section new text end 122A.60 deleted text begin and 122A.61 deleted text end , to develop the alternative teacher
professional pay system agreement under this section.

(b) To be eligible to participate in an alternative teacher professional pay system, a
charter school, at least one school year before it expects to fully implement an alternative
pay system, must:

(1) submit to the department a letter of intent executed by the charter school and the
charter school board of directors;

(2) submit the record of a formal vote by the teachers employed at the charter
school indicating at least 70 percent of all teachers agree to implement the alternative
pay system; and

(3) agree to use up to two percent of basic revenue for staff development purposes,
consistent with deleted text begin sections deleted text end new text begin section new text end 122A.60 deleted text begin and 122A.61 deleted text end , to develop the alternative teacher
professional pay system.

(c) The commissioner may waive the planning year if the commissioner determines,
based on the criteria under subdivision 2, that the school district, intermediate school
district, site or charter school is ready to fully implement an alternative pay system.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 2.

Minnesota Statutes 2010, section 122A.414, subdivision 4, is amended to read:

Subd. 4.

Planning and staff development.

A school district that qualifies to
participate in the alternative teacher professional pay system transitional planning year
under subdivision 1a may use up to two percent of new text begin its general education new text end basic revenue
deleted text begin that would otherwise be reserved under section 122A.61 deleted text end for complying with the planning
and staff development activities under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 3.

Minnesota Statutes 2010, section 122A.60, subdivision 1, is amended to read:

Subdivision 1.

Staff development committee.

A school board deleted text begin must use the revenue
authorized in section 122A.61 for in-service education for programs under section
120B.22, subdivision 2, or for staff development plans deleted text end new text begin may implement a staff development
plan new text end under this section. new text begin If a school board implements a plan under this section, new text end the board
must establish an advisory staff development committee to develop the plan, assist site
professional development teams in developing a site plan consistent with the goals of the
plan, and evaluate staff development efforts at the site level. A majority of the advisory
committee and the site professional development team must be teachers representing
various grade levels, subject areas, and special education. The advisory committee must
also include nonteaching staff, parents, and administrators.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 4.

Minnesota Statutes 2010, section 122A.60, subdivision 1a, is amended to read:

Subd. 1a.

Effective staff development activities.

deleted text begin (a) deleted text end Staff development activities new text begin
implemented under this section new text end must:

(1) focus on the school classroom and research-based strategies that improve student
learning;

(2) provide opportunities for teachers to practice and improve their instructional
skills over time;

(3) provide opportunities for teachers to use student data as part of their daily work
to increase student achievement;

(4) enhance teacher content knowledge and instructional skills;

(5) align with state and local academic standards;

(6) provide opportunities to build professional relationships, foster collaboration
among principals and staff who provide instruction, and provide opportunities for
teacher-to-teacher mentoring; and

(7) align with the plan of the district or site for an alternative teacher professional
pay system.

Staff development activities may include curriculum development and curriculum training
programs, and activities that provide teachers and other members of site-based teams
training to enhance team performance. The school district also may implement other
staff development activities required by law and activities associated with professional
teacher compensation models.

deleted text begin (b) Release time provided for teachers to supervise students on field trips and school
activities, or independent tasks not associated with enhancing the teacher's knowledge
and instructional skills, such as preparing report cards, calculating grades, or organizing
classroom materials, may not be counted as staff development time that is financed with
staff development reserved revenue under section 122A.61.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 5.

Minnesota Statutes 2010, section 122A.60, subdivision 4, is amended to read:

Subd. 4.

Staff development report.

(a) By October 15 of each year, deleted text begin the deleted text end new text begin a new text end district
deleted text begin and deleted text end new text begin implementing a staff development plan under this section, in conjunction with its
new text end site staff development committees new text begin , new text end shall write and submit a report of staff development
activities and expenditures for the previous year, in the form and manner determined by
the commissioner. The report, signed by the district superintendent and staff development
chair, must include assessment and evaluation data indicating progress toward district and
site staff development goals based on teaching and learning outcomes, including the
percentage of teachers and other staff involved in instruction who participate in effective
staff development activities under subdivision 3.

(b) The report must break down expenditures for:

(1) curriculum development and curriculum training programs; and

(2) staff development training models, workshops, and conferences, and the cost of
releasing teachers or providing substitute teachers for staff development purposes.

The report also must indicate whether the expenditures were incurred at the district
level or the school site level, and whether the school site expenditures were made possible
by grants to school sites that demonstrate exemplary use of allocated staff development
revenue. These expenditures must be reported using the uniform financial and accounting
and reporting standards.

(c) The commissioner shall report the staff development progress and expenditure
data to the house of representatives and senate committees having jurisdiction over
education by February 15 each year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 6.

Minnesota Statutes 2010, section 123B.02, subdivision 15, is amended to read:

Subd. 15.

Annuity contract; payroll allocation.

deleted text begin (a) deleted text end At the request of an employee
and as part of the employee's compensation arrangement, the board may purchase an
individual annuity contract for an employee for retirement or other purposes and may
make payroll allocations in accordance with such arrangement for the purpose of paying
the entire premium due and to become due under such contract. The allocation must be
made in a manner which will qualify the annuity premiums, or a portion thereof, for the
benefit afforded under section 403(b) of the current Federal Internal Revenue Code or any
equivalent provision of subsequent federal income tax law. The employee shall own such
contract and the employee's rights under the contract shall be nonforfeitable except for
failure to pay premiums. Section 122A.40 shall not be applicable hereto and the board shall
have no liability thereunder because of its purchase of any individual annuity contracts.
This statute shall be applied in a nondiscriminatory manner to employees of the school
district. The identity and number of the available vendors under federal Internal Revenue
Code section 403(b) is new text begin not new text end a term and condition of employment under section 179A.03.

deleted text begin (b) When considering vendors under paragraph (a), the school district and the
exclusive representative of the employees shall consider all of the following:
deleted text end

deleted text begin (1) the vendor's ability to comply with all employer requirements imposed by
section 403(b) of the Internal Revenue Code of 1986 and its subsequent amendments,
other provisions of the Internal Revenue Code of 1986 that apply to section 403(b) of the
Internal Revenue Code, and any regulation adopted in relation to these laws;
deleted text end

deleted text begin (2) the vendor's experience in providing 403(b) plans;
deleted text end

deleted text begin (3) the vendor's potential effectiveness in providing client services attendant to
its plan and in relation to cost;
deleted text end

deleted text begin (4) the nature and extent of rights and benefits offered under the vendor's plan;
deleted text end

deleted text begin (5) the suitability of the rights and benefits offered under the vendor's plan;
deleted text end

deleted text begin (6) the vendor's ability to provide the rights and benefits offered under its plan; and
deleted text end

deleted text begin (7) the vendor's financial stability.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011, and applies to contracts
entered into on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2010, section 126C.13, subdivision 5, is amended to read:

Subd. 5.

Uses of revenue.

Except as provided in sections 126C.10, subdivision 14 deleted text begin ;
126C.12; deleted text end new text begin , new text end and 126C.15, general education revenue may be used during the regular school
year and the summer for general and special school purposes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 8.

Minnesota Statutes 2010, section 126C.44, is amended to read:

126C.44 SAFE SCHOOLS LEVY.

(a) Each district may make a levy on all taxable property located within the district
for the purposes specified in this section. The maximum amount which may be levied
for all costs under this section shall be equal to $30 multiplied by the district's adjusted
marginal cost pupil units for the school year. The proceeds of the levy must be reserved and
used for directly funding the following purposes or for reimbursing the cities and counties
who contract with the district for the following purposes: (1) to pay the costs incurred for
the salaries, benefits, and transportation costs of peace officers and sheriffs for liaison in
services in the district's schools; (2) to pay the costs for a drug abuse prevention program
as defined in section 609.101, subdivision 3, paragraph (e), in the elementary schools;
(3) to pay the costs for a gang resistance education training curriculum in the district's
schools; (4) to pay the costs for security in the district's schools and on school property; (5)
to pay the costs for other crime prevention, drug abuse, student and staff safety, voluntary
opt-in suicide prevention tools, and violence prevention measures taken by the school
district; or (6) to pay costs for licensed school counselors, licensed school nurses, licensed
school social workers, licensed school psychologists, and licensed alcohol and chemical
dependency counselors to help provide early responses to problems. For expenditures
under clause (1), the district must initially attempt to contract for services to be provided
by peace officers or sheriffs with the police department of each city or the sheriff's
department of the county within the district containing the school receiving the services. If
a local police department or a county sheriff's department does not wish to provide the
necessary services, the district may contract for these services with any other police or
sheriff's department located entirely or partially within the school district's boundaries.

(b) A school district that is a member of an intermediate school district may
include in its authority under this section the costs associated with safe schools activities
authorized under paragraph (a) for intermediate school district programs. This authority
must not exceed $10 times the adjusted marginal cost pupil units of the member districts.
This authority is in addition to any other authority authorized under this section. Revenue
raised under this paragraph must be transferred to the intermediate school district.

deleted text begin (c) A school district must set aside at least $3 per adjusted marginal cost pupil
unit of the safe schools levy proceeds for the purposes authorized under paragraph (a),
clause (6). The district must annually certify either that: (1) its total spending on services
provided by the employees listed in paragraph (a), clause (6), is not less than the sum of
its expenditures for these purposes, excluding amounts spent under this section, in the
previous year plus the amount spent under this section; or (2) that the district's full-time
equivalent number of employees listed in paragraph (a), clause (6), is not less than the
number for the previous year.
deleted text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

Minnesota Statutes 2010, section 134.195, subdivision 8, is amended to read:

Subd. 8.

Funding.

The ordinance or resolution establishing the library shall
provide for joint financing of the library by the school district and the city. deleted text begin The city shall
provide at least the minimum dollar amount established in section 134.34, subdivision
1. deleted text end The school district shall provide money for staff and materials for the library at least
in proportion to the use related to curriculum, as determined by the circulation statistics
of the library. Neither the city nor the school district shall reduce the financial support
provided for operation of library or media services below the level of support provided in
the preceding year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 10.

Minnesota Statutes 2010, section 134.201, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

Regional public library districts may be established
under this section in the areas of the existing Great River Regional Library System and
the East Central Regional Library System. The geographic boundaries shall be those
established by the commissioner of education under new text begin Minnesota Statutes 2010, new text end section
134.34, subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 11.

Minnesota Statutes 2010, section 134.201, subdivision 5, is amended to read:

Subd. 5.

General levy authority.

The board may levy for operation of public
library service. This levy shall replace levies for operation of public library service by
cities and counties authorized in section 134.07. The amount levied shall be spread on the
net tax capacity of all taxable property in the district at a uniform tax rate.

(a) The maximum amount that may be levied by a board under this section is the
greater of:

(1) the statewide average local support per capita for public library services for the
most recent reporting period available, as certified by the commissioner of education,
multiplied by the population of the district according to the most recent estimate of the
state demographer or the Metropolitan Council; or

(2) the total amount new text begin for public library services new text end provided by participating counties
and cities deleted text begin under section 134.34, subdivision 4, deleted text end during the year preceding the first year of
operation.

(b) For its first year of operation, the board shall levy an amount not less than the
total dollar amount new text begin for library services new text end provided by participating cities and counties during
the preceding year deleted text begin under section 134.34, subdivision 4 deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 12.

Minnesota Statutes 2010, section 134.32, subdivision 3, is amended to read:

Subd. 3.

Regional library basic system support grants.

It shall provide regional
library basic system support grants to regional public library systems deleted text begin which meet the
requirements of section 134.34, deleted text end to assist those systems in providing basic system services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 13.

Minnesota Statutes 2010, section 134.341, is amended to read:

134.341 COUNTY FINANCIAL SUPPORT.

To ensure the availability of public library service to all people, every county shall
provide financial support for public library services deleted text begin at no less than minimum amounts as
specified in section 134.34 deleted text end and shall participate in the regional public library system to
which it is assigned deleted text begin by the commissioner of education under section 134.34, subdivision 3 deleted text end .
Each county board of commissioners shall appoint at least one county resident to serve as a
representative on the regional public library system board and may appoint more than one
representative under terms and conditions of the regional public library system contract.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 14.

Minnesota Statutes 2010, section 134.355, subdivision 2, is amended to read:

Subd. 2.

Grant application.

Any regional public library system deleted text begin which qualifies
according to the provisions of section 134.34 deleted text end may apply for an annual grant for regional
library basic system support. Regional public library districts under section 134.201 may
not compensate board members using grant funds. The amount of each grant for each
fiscal year shall be calculated as provided in this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 15.

Minnesota Statutes 2010, section 134.355, subdivision 8, is amended to read:

Subd. 8.

Eligibility.

A regional public library system may apply for regional library
telecommunications aid. The aid must be used for data and video access maintenance,
equipment, or installation of telecommunication lines. To be eligible, a regional public
library system must be officially designated by the commissioner of education as a
regional public library system deleted text begin as defined in section 134.34, subdivision 3, and each of
its participating cities and counties must meet local support levels defined in section
134.34, subdivision 1 deleted text end . A public library building that receives aid under this section must
be open a minimum of 20 hours per week.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 16.

Minnesota Statutes 2010, section 171.02, subdivision 2b, is amended to read:

Subd. 2b.

Exception for type III vehicle drivers.

(a) Notwithstanding subdivision
2, the holder of a class A, B, C, or D driver's license, without a school bus endorsement,
may operate a type III vehicle described in section 169.011, subdivision 71, paragraph (h),
under the conditions in paragraphs (b) through (o).

(b) The operator is an employee of the entity that owns, leases, or contracts for
the school bus.

(c) The operator's employer has adopted and implemented a policy that provides for
deleted text begin annual deleted text end training and certification of the operator in:

(1) safe operation of a type III vehicle;

(2) understanding student behavior, including issues relating to students with
disabilities;

(3) encouraging orderly conduct of students on the bus and handling incidents of
misconduct appropriately;

(4) knowing and understanding relevant laws, rules of the road, and local school
bus safety policies;

(5) handling emergency situations;

(6) proper use of seat belts and child safety restraints;

(7) performance of pretrip vehicle inspections;

(8) safe loading and unloading of students, including, but not limited to:

(i) utilizing a safe location for loading and unloading students at the curb, on the
nontraffic side of the roadway, or at off-street loading areas, driveways, yards, and other
areas to enable the student to avoid hazardous conditions;

(ii) refraining from loading and unloading students in a vehicular traffic lane, on the
shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane;

(iii) avoiding a loading or unloading location that would require a pupil to cross a
road, or ensuring that the driver or an aide personally escort the pupil across the road if it
is not reasonably feasible to avoid such a location;

(iv) placing the type III vehicle in "park" during loading and unloading; and

(v) escorting a pupil across the road under item (iii) only after the motor is stopped,
the ignition key is removed, the brakes are set, and the vehicle is otherwise rendered
immobile; and

(9) compliance with paragraph (k), concerning reporting certain convictions to the
employer within ten days of the date of conviction.

(d) A background check or background investigation of the operator has been
conducted that meets the requirements under section 122A.18, subdivision 8, or 123B.03
for school district employees; section 144.057 or chapter 245C for day care employees; or
section 171.321, subdivision 3, for all other persons operating a type III vehicle under
this subdivision.

(e) Operators shall submit to a physical examination as required by section 171.321,
subdivision 2.

(f) The operator's employer requires preemployment drug testing of applicants for
operator positions. Current operators must comply with the employer's policy under
section 181.951, subdivisions 2, 4, and 5. Notwithstanding any law to the contrary, the
operator's employer may use a Breathalyzer or similar device to fulfill random alcohol
testing requirements.

(g) The operator's driver's license is verified annually by the entity that owns, leases,
or contracts for the type III vehicle as required under section 171.321, subdivision 5.

(h) A person who sustains a conviction, as defined under section 609.02, of violating
section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's license is revoked
under sections 169A.50 to 169A.53 of the implied consent law, or who is convicted of
violating or whose driver's license is revoked under a similar statute or ordinance of
another state, is precluded from operating a type III vehicle for five years from the date
of conviction.

(i) A person who has ever been convicted of a disqualifying offense as defined in
section 171.3215, subdivision 1, paragraph (c), may not operate a type III vehicle under
this subdivision.

(j) A person who sustains a conviction, as defined under section 609.02, of a moving
offense in violation of chapter 169 within three years of the first of three other moving
offenses is precluded from operating a type III vehicle for one year from the date of
the last conviction.

(k) An operator who sustains a conviction as described in paragraph (h), (i), or (j)
while employed by the entity that owns, leases, or contracts for the school bus, shall report
the conviction to the employer within ten days of the date of the conviction.

(l) Students riding the type III vehicle must have training required under section
123B.90, subdivision 2.

(m) Documentation of meeting the requirements listed in this subdivision must be
maintained under separate file at the business location for each type III vehicle operator.
The business manager, school board, governing body of a nonpublic school, or any
other entity that owns, leases, or contracts for the type III vehicle operating under this
subdivision is responsible for maintaining these files for inspection.

(n) The type III vehicle must bear a current certificate of inspection issued under
section 169.451.

(o) An employee of a school or of a school district, who is not employed for the sole
purpose of operating a type III vehicle, is exempt from paragraphs (e) and (f).

new text begin EFFECTIVE DATE. new text end

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

Sec. 17.

Minnesota Statutes 2010, section 171.321, subdivision 4, is amended to read:

Subd. 4.

Training.

(a) No person shall drive a class A, B, C, or D school bus when
transporting school children to or from school or upon a school-related trip or activity
without having demonstrated sufficient skills and knowledge to transport students in
a safe and legal manner.

(b) A bus driver must have training or experience that allows the driver to meet at
least the following competencies:

(1) safely operate the type of school bus the driver will be driving;

(2) understand student behavior, including issues relating to students with
disabilities;

(3) encourage orderly conduct of students on the bus and handle incidents of
misconduct appropriately;

(4) know and understand relevant laws, rules of the road, and local school bus
safety policies;

(5) handle emergency situations; and

(6) safely load and unload students.

(c) The commissioner of public safety shall develop a comprehensive model
school bus driver training program and model assessments for school bus driver training
competencies, which are not subject to chapter 14. A school district, nonpublic school, or
private contractor may use alternative assessments for bus driver training competencies
with the approval of the commissioner of public safety. A driver may receive at least eight
hours of school bus in-service training any year, as an alternative to being assessed for bus
driver competencies after the initial year of being assessed for bus driver competencies.
The employer shall keep the assessment or a record of the in-service training for the
current period available for inspection by representatives of the commissioner.

(d) A school district, nonpublic school, or private contractor shall provide in-service
training annually to each school bus driver. new text begin This paragraph does not apply to a driver who
exclusively transports students under section 171.02, subdivision 2b.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 18. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2010, sections 122A.61; 123B.05; 126C.12; and 134.34,
subdivisions 1, 3, 4, and 7, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, part 3525.2340, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 8

TAXES

Section 1.

new text begin [275.761] MAINTENANCE OF EFFORT AND MATCHING
REQUIREMENTS SUSPENDED.
new text end

new text begin (a) Notwithstanding any law to the contrary and except as provided in paragraphs (b)
and (c), all maintenance of effort and matching fund requirements for counties, including
but not limited to those under sections 116L.872, 119B.11, 134.34, 145.882, 145A.131,
245.4835, 245.714, 254B.03, 256B.0625, 256F.10, and 256F.13, are suspended for the
taxes payable years that levy limits are in effect.
new text end

new text begin (b) This section does not permit a county to suspend or otherwise reduce a
maintenance of effort or matching fund requirement to the extent that the suspension
or reduction would:
new text end

new text begin (1) require the state to expend additional money or incur additional costs; or
new text end

new text begin (2) cause a reduction in the receipt by the state or the county of federal funds.
new text end

new text begin (c) The commissioner of finance may determine the maintenance of effort and
matching funding requirements that are not permitted, in whole or in part, to be suspended
or reduced under paragraph (b). The commissioner shall publish these determinations
on the department's Web site and no county may suspend or reduce a maintenance of
effort or matching fund requirement that the commissioner determines is not subject to
suspension or reduction.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2010, section 297A.70, subdivision 2, is amended to read:

Subd. 2.

Sales to government.

(a) All sales, except those listed in paragraph (b),
to the following governments and political subdivisions, or to the listed agencies or
instrumentalities of governments and political subdivisions, are exempt:

(1) the United States and its agencies and instrumentalities;

(2) deleted text begin school districts, deleted text end the University of Minnesota, state universities, community
colleges, technical colleges, state academies, new text begin and new text end the Perpich Minnesota Center for
Arts Education deleted text begin , and an instrumentality of a political subdivision that is accredited as an
optional/special function school by the North Central Association of Colleges and Schools deleted text end ;

(3) deleted text begin hospitals and nursing homes owned and operated by political subdivisions of
the state of tangible personal property and taxable services used at or by hospitals and
nursing homes;
deleted text end

deleted text begin (4) deleted text end the Metropolitan Council, for its purchases of vehicles and repair parts to equip
operations provided for in section 473.4051;

deleted text begin (5) deleted text end new text begin (4) new text end other states or political subdivisions of other states, if the sale would be
exempt from taxation if it occurred in that state; deleted text begin and
deleted text end

deleted text begin (6) deleted text end new text begin (5) new text end sales to public libraries, public library systems, deleted text begin multicounty, multitype library
systems as defined in section 134.001, county law libraries under chapter 134A, deleted text end state
agency libraries, the state library under section 480.09, and the Legislative Reference
Library new text begin ; and
new text end

new text begin (6) goods and services purchased by a political subdivision of the state of Minnesota,
except for items purchased for the provision of goods or services that are:
new text end

new text begin (i) generally provided by a private business; and
new text end

new text begin (ii) taxable purchases if made by a private business engaged in the same activity new text end .

(b) This exemption does not apply to the sales of the following products and services:

(1) building, construction, or reconstruction materials purchased by a contractor
or a subcontractor as a part of a lump-sum contract or similar type of contract with a
guaranteed maximum price covering both labor and materials for use in the construction,
alteration, or repair of a building or facility;

(2) construction materials purchased by tax exempt entities or their contractors to
be used in constructing buildings or facilities which will not be used principally by the
tax exempt entities;

(3) the leasing of a motor vehicle as defined in section 297B.01, subdivision 11,
except for leases entered into by the United States or its agencies or instrumentalities new text begin ,
or by a political subdivision new text end ; or

(4) lodging as defined under section 297A.61, subdivision 3, paragraph (g),
clause (2), and prepared food, candy, soft drinks, and alcoholic beverages as defined in
section 297A.67, subdivision 2, except for lodging, prepared food, candy, soft drinks,
and alcoholic beverages purchased directly by the United States or its agencies or
instrumentalities.

(c) As used in this subdivision, deleted text begin "school districts" means public school entities and
districts of every kind and nature organized under the laws of the state of Minnesota, and
any instrumentality of a school district, as defined in section 471.59 deleted text end new text begin "goods or services
that are generally provided by a private business" include, but are not limited to, goods
and services generally provided by liquor stores, gas and electric utilities, golf courses,
marinas, health and fitness centers, campgrounds, cafes, and laundromats. "Goods and
services that are generally provided by a private business" do not include housing, sewer
and water services, wastewater treatment, ambulances and other public safety services,
chore or homemaking services provided to elderly or disabled individuals, or road and
street maintenance or lighting new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales and purchases made after
June 30, 2011.
new text end

Sec. 3.

Minnesota Statutes 2010, section 297A.70, subdivision 3, is amended to read:

Subd. 3.

Sales of certain goods and services to government.

(a) The following
sales to or use by the specified new text begin persons, new text end governments new text begin , new text end and political subdivisions of the
state are exempt:

(1) deleted text begin repair and replacement parts for emergency rescue vehicles, fire trucks, and
fire apparatus to a political subdivision;
deleted text end

deleted text begin (2) machinery and equipment, except for motor vehicles, used directly for mixed
municipal solid waste management services at a solid waste disposal facility as defined in
section 115A.03, subdivision 10;
deleted text end

deleted text begin (3) chore and homemaking services to a political subdivision of the state to be
provided to elderly or disabled individuals;
deleted text end

deleted text begin (4) deleted text end telephone services to the Office of Enterprise Technology that are used to provide
telecommunications services through the enterprise technology revolving fund;

deleted text begin (5) deleted text end new text begin (2) new text end firefighter personal protective equipment as defined in paragraph (b), if
purchased or authorized by and for the use of an organized fire department, fire protection
district, or fire company regularly charged with the responsibility of providing fire
protection to the state or a political subdivision;

deleted text begin (6) deleted text end new text begin (3) new text end bullet-resistant body armor that provides the wearer with ballistic and trauma
protection, if purchased by a law enforcement agency of the state deleted text begin or a political subdivision
of the state, deleted text end or a licensed peace officer, as defined in section 626.84, subdivision 1;

deleted text begin (7) deleted text end new text begin (4) new text end motor vehicles purchased or leased by political subdivisions of the state if the
vehicles are exempt from registration under section 168.012, subdivision 1, paragraph (b),
exempt from taxation under section 473.448, or exempt from the motor vehicle sales tax
under section 297B.03, clause (12);

deleted text begin (8) equipment designed to process, dewater, and recycle biosolids for wastewater
treatment facilities of political subdivisions, and materials incidental to installation of
that equipment;
deleted text end

deleted text begin (9) sales to a town of gravel and of machinery, equipment, and accessories, except
motor vehicles, used exclusively for road and bridge maintenance, and deleted text end new text begin (5) new text end leases by a
town of motor vehicles exempt from tax under section 297B.03, clause (10);

deleted text begin (10) deleted text end new text begin (6) new text end the removal of trees, bushes, or shrubs for the construction and maintenance
of roads, trails, or firebreaks when purchased by an agency of the state deleted text begin or a political
subdivision of the state deleted text end ; and

deleted text begin (11) deleted text end new text begin (7) new text end purchases by the Metropolitan Council or the Department of Transportation
of vehicles and repair parts to equip operations provided for in section 174.90, including,
but not limited to, the Northstar Corridor Rail project.

(b) For purposes of this subdivision, "firefighters personal protective equipment"
means helmets, including face shields, chin straps, and neck liners; bunker coats and
pants, including pant suspenders; boots; gloves; head covers or hoods; wildfire jackets;
protective coveralls; goggles; self-contained breathing apparatus; canister filter masks;
personal alert safety systems; spanner belts; optical or thermal imaging search devices;
and all safety equipment required by the Occupational Safety and Health Administration.

(c) For purchases of items listed in paragraph (a), clause (11), the tax must be
imposed and collected as if the rate under section 297A.62, subdivision 1, applied and
then refunded in the manner provided in section 297A.75.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales and purchases made after
June 30, 2011.
new text end

ARTICLE 9

EMPLOYMENT

Section 1.

Minnesota Statutes 2010, section 177.42, subdivision 4, is amended to read:

Subd. 4.

Prevailing hours of labor.

"Prevailing hours of labor" means the hours
of labor deleted text begin per day and deleted text end per week deleted text begin worked within the area by a larger number of workers of
the same class than are employed within the area for any other number of hours per day
and per week deleted text end . The prevailing hours of labor may not be more than deleted text begin eight hours per day
or more than deleted text end 40 hours per week.

Sec. 2.

Minnesota Statutes 2010, section 177.42, subdivision 6, is amended to read:

Subd. 6.

Prevailing wage rate.

"Prevailing wage rate" means the deleted text begin hourly basic
rate of pay plus the contribution paid to or for the largest number of deleted text end new text begin median hourly
compensation paid to new text end workers engaged in the same class of labor within the area new text begin . The
median hourly compensation includes the hourly basic rate plus the contribution new text end for
medical or hospital care, pensions on retirement or death, compensation for injuries or
illness resulting from occupational activity, or insurance to provide any of the foregoing,
for unemployment benefits, life insurance, disability and sickness insurance, or accident
insurance, for vacation and holiday pay, for defraying the costs of apprenticeship or other
similar programs, or for other bona fide fringe benefits, but only where the contractor or
subcontractor is not required by other federal, state, or local law to provide any of those
benefits, the amount of:

(1) the rate of contribution irrevocably made by a contractor or subcontractor to a
trustee or to a third person under a fund, plan, or program; and

(2) the rate of costs to the contractor or subcontractor that may be reasonably
anticipated in providing benefits to laborers and mechanics pursuant to an enforceable
commitment to carry out a financially responsible plan or program which was
communicated in writing to the laborers and mechanics affected.

"Prevailing wage rate" includes, for the purposes of section 177.44, rental rates for
truck hire paid to those who own and operate the truck.

The prevailing wage rate may not be less than a reasonable and living wage.