1.1 A bill for an act
1.2 relating to the organization and operation of state
1.3 government; appropriating money for the general
1.4 legislative and administrative expenses of state
1.5 government with certain conditions; modifying
1.6 provisions relating to state government operations;
1.7 amending Minnesota Statutes 1998, sections 3.3005, by
1.8 adding a subdivision; 3.17; 3C.12, subdivision 2;
1.9 8.15, subdivisions 1, 2, and 3; 12.31, subdivision 2;
1.10 12.37; 13.03, subdivision 2; 13.05, by adding a
1.11 subdivision; 13.073, by adding a subdivision; 14.131;
1.12 14.23; 15.50, subdivision 2; 16A.102, subdivision 1;
1.13 16A.103, subdivision 1; 16A.11, by adding a
1.14 subdivision; 16A.126, subdivision 3; 16A.129,
1.15 subdivision 3; 16A.45, subdivision 1; 16A.85,
1.16 subdivision 1; 16B.03; 16B.104; 16B.24, subdivision 5;
1.17 16B.31, subdivision 2; 16B.32, subdivision 2; 16B.415;
1.18 16B.42, subdivision 1; 16B.46; 16B.465; 16B.72;
1.19 16B.73; 16B.748; 16C.14, subdivision 1; 16D.04,
1.20 subdivision 2; 16E.01, subdivision 1; 16E.02; 16E.08;
1.21 18.54; 21.92; 43A.047; 43A.22; 43A.23, subdivisions 1
1.22 and 2; 43A.30, by adding a subdivision; 43A.31,
1.23 subdivision 2, and by adding a subdivision; 60A.964,
1.24 subdivision 1; 60A.972, subdivision 3; 97B.025;
1.25 103G.301, subdivision 2; 103I.525, subdivision 9;
1.26 103I.531, subdivision 9; 103I.535, subdivision 9;
1.27 103I.541, subdivision 5; 115B.49, subdivisions 2 and
1.28 4; 115B.491, subdivisions 2 and 3; 116.07, subdivision
1.29 4d; 116.12; 116C.834, subdivision 1; 128C.02, by
1.30 adding a subdivision; 138.17, subdivisions 7 and 8;
1.31 144.98, subdivision 3; 176.102, subdivision 14;
1.32 183.375, subdivision 5; 192.49, subdivision 3; 197.79,
1.33 subdivision 10; 202A.18, by adding a subdivision;
1.34 202A.20, subdivision 2; 204B.25, subdivision 2, and by
1.35 adding a subdivision; 204B.27, by adding a
1.36 subdivision; 204B.28, subdivision 1; 223.17,
1.37 subdivision 3; 239.101, subdivision 4; 240A.09;
1.38 297F.08, by adding a subdivision; 299M.04; 325K.03, by
1.39 adding a subdivision; 325K.04; 325K.05, subdivision 1;
1.40 325K.09, by adding a subdivision; 325K.10, subdivision
1.41 5; 325K.14, by adding a subdivision; 325K.15, by
1.42 adding a subdivision; 326.50; 326.86, subdivision 1;
1.43 and 349.163, subdivision 4; Laws 1993, chapter 192,
1.44 section 16; Laws 1994, chapter 643, section 69,
1.45 subdivision 1; Laws 1995, First Special Session
1.46 chapter 3, article 12, section 7, subdivision 1, as
2.1 amended; section 10; Laws 1997, chapter 202, article
2.2 2, section 61; and Laws 1998, chapter 366, section 2;
2.3 proposing coding for new law in Minnesota Statutes,
2.4 chapters 16A; 16B; 16C; 43A; 240A; and 325F; proposing
2.5 coding for new law as Minnesota Statutes, chapter
2.6 604B; repealing Minnesota Statutes 1998, sections
2.7 4A.08; 4A.09; 4A.10; 15.90; 15.91; 15.92; 16A.103,
2.8 subdivision 3; 16A.1285, subdivisions 4 and 5; 16E.11;
2.9 16E.12; 16E.13; 207A.01; 207A.02; 207A.03; 207A.04;
2.10 207A.06; 207A.07; 207A.08; 207A.09; and 207A.10; Laws
2.11 1991, chapter 235, article 5, section 3, as amended;
2.12 Minnesota Rules, part 8275.0045, subpart 2; and 1999
2.13 S.F. No. 2223, if enacted.
2.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.15 ARTICLE 1
2.16 APPROPRIATIONS
2.17 Section 1. [STATE GOVERNMENT APPROPRIATIONS.]
2.18 The sums shown in the columns marked "APPROPRIATIONS" are
2.19 appropriated from the general fund, or another fund named, to
2.20 the agencies and for the purposes specified in this act, to be
2.21 available for the fiscal years indicated for each purpose. The
2.22 figures "1999," "2000," and "2001," where used in this act, mean
2.23 that the appropriation or appropriations listed under them are
2.24 available for the year ending June 30, 1999, June 30, 2000, or
2.25 June 30, 2001, respectively.
2.26 SUMMARY BY FUND
2.27 BIENNIAL
2.28 2000 2001 TOTAL
2.29 General $349,954,000 $308,497,000 $658,451,000
2.30 State
2.31 Government
2.32 Special Revenue 13,986,000 13,884,000 27,870,000
2.33 For 1999 - $465,000
2.34 Health Care Access 1,842,000 1,871,000 3,713,000
2.35 Environmental 236,000 242,000 478,000
2.36 Solid Waste Fund 660,000 670,000 1,330,000
2.37 Lottery Prize
2.38 Fund 110,000 -0- 110,000
2.39 Highway User
2.40 Tax Distribution 2,129,000 2,173,000 4,302,000
2.41 Trunk Highway 39,000 39,000 78,000
2.42 Workers'
2.43 Compensation 7,024,000 6,959,000 13,983,000
2.44 TOTAL $376,420,000 $334,854,000 $711,274,000
3.1 For 1999 - $465,000
3.2 APPROPRIATIONS
3.3 Available for the Year
3.4 Ending June 30
3.5 2000 2001
3.6 Sec. 2. LEGISLATURE
3.7 Subdivision 1. Total
3.8 Appropriation 58,340,000 63,117,000
3.9 Summary by Fund
3.10 General 58,151,000 62,928,000
3.11 Health Care Access 150,000 150,000
3.12 Trunk Highway 39,000 39,000
3.13 The amounts that may be spent from this
3.14 appropriation for each program are
3.15 specified in the following subdivisions.
3.16 Subd. 2. Senate 19,138,000 20,523,000
3.17 $40,000 the first year is for senate
3.18 media services to produce a videotape
3.19 on the legislative process and to
3.20 distribute it, along with a teachers'
3.21 guide, to all secondary schools in the
3.22 state, and for senate information
3.23 services to construct and maintain a
3.24 Worldwide Web site to publicize and
3.25 promote the videotape.
3.26 Subd. 3. House of Representatives 25,361,000 27,670,000
3.27 Subd. 4. Legislative
3.28 Coordinating Commission 13,841,000 14,924,000
3.29 Summary by Fund
3.30 General 13,652,000 14,735,000
3.31 Health Care Access 150,000 150,000
3.32 Trunk Highway 39,000 39,000
3.33 $5,600,000 the first year and
3.34 $6,372,000 the second year are for the
3.35 office of the revisor of statutes.
3.36 $1,184,000 the first year and
3.37 $1,217,000 the second year are for the
3.38 legislative reference library.
3.39 $4,963,000 the first year and
3.40 $5,096,000 the second year are for the
3.41 office of the legislative auditor.
3.42 The legislative commission on pensions
3.43 and retirement shall study and report
3.44 to the legislature by January 15, 2000,
3.45 on the comparability of pension and
3.46 other postretirement benefits between
3.47 public sector and private sector
3.48 employees. When comparing the
3.49 benefits, the commission shall select
3.50 comparable job classifications and
3.51 salary ranges. The study must compare
4.1 pension portability, initial monthly
4.2 benefits, average annual benefit
4.3 increases, employer and employee
4.4 contribution rates, availability of
4.5 early retirement incentives,
4.6 administrative costs, and other factors
4.7 as necessary to compare benefits.
4.8 Sec. 3. GOVERNOR AND
4.9 LIEUTENANT GOVERNOR 4,052,000 4,171,000
4.10 This appropriation is to fund the
4.11 offices of the governor and lieutenant
4.12 governor.
4.13 $19,000 the first year and $19,000 the
4.14 second year are for necessary expenses
4.15 in the normal performance of the
4.16 governor's and lieutenant governor's
4.17 duties for which no other reimbursement
4.18 is provided.
4.19 By September 1 of each year, the
4.20 commissioner of finance shall report to
4.21 the chairs of the senate governmental
4.22 operations budget division and the
4.23 house state government finance division
4.24 any personnel costs incurred by the
4.25 office of the governor and lieutenant
4.26 governor that were supported by
4.27 appropriations to other agencies during
4.28 the previous fiscal year. The office
4.29 of the governor shall inform the chairs
4.30 of the divisions before initiating any
4.31 interagency agreements.
4.32 Not later than September 30, 1999, the
4.33 governor, in consultation with the
4.34 commissioners of agriculture and trade
4.35 and economic development, shall prepare
4.36 and submit an application for federal
4.37 permits as may be needed to authorize
4.38 the growing of experimental and
4.39 demonstration plots of industrial
4.40 hemp. The governor shall also direct
4.41 the commissioner of agriculture, in
4.42 consultation with the commissioner of
4.43 public safety and other appropriate
4.44 commissioners, to establish standards
4.45 and forms for persons wishing to
4.46 register for growing experimental and
4.47 demonstration plots of industrial hemp.
4.48 Sec. 4. STATE AUDITOR 8,967,000 9,311,000
4.49 Sec. 5. STATE TREASURER 2,563,000 2,283,000
4.50 $1,030,000 the first year and
4.51 $1,061,000 the second year are for the
4.52 treasurer to pay for banking services
4.53 by fees rather than by compensating
4.54 balances.
4.55 $75,000 the first year is a one-time
4.56 appropriation for a project to maximize
4.57 the use of electronic payments and
4.58 electronic receipts for state
4.59 transactions. The state treasurer
4.60 shall report on the progress of this
4.61 project to the chairs of the
4.62 legislative committees responsible for
5.1 this budget item by January 15, 2000,
5.2 and 2001.
5.3 $278,000 the first year is to pay the
5.4 cost of clearing sales tax rebate
5.5 checks through commercial banks.
5.6 Sec. 6. ATTORNEY GENERAL 27,853,000 28,177,000
5.7 Summary by Fund
5.8 General 25,545,000 25,852,000
5.9 State Government
5.10 Special Revenue 1,713,000 1,717,000
5.11 Environmental 135,000 138,000
5.12 Solid Waste 460,000 470,000
5.13 $991,000 the first year and $912,000
5.14 the second year are one-time
5.15 appropriations to improve information
5.16 technology. The attorney general shall
5.17 report on the progress of this project
5.18 to the chairs of the legislative
5.19 committees responsible for this budget
5.20 item by January 15, 2000, and 2001.
5.21 The attorney general and commissioner
5.22 of finance shall continue to review the
5.23 funding mechanism for legal services.
5.24 By February 15, 2000, they shall submit
5.25 a joint report to the committees
5.26 responsible for funding the office of
5.27 the attorney general that details
5.28 further refinements to the legal
5.29 services funding mechanism.
5.30 The report should attempt to do the
5.31 following:
5.32 (1) identify criteria that
5.33 differentiate between a partner and a
5.34 pooled agency;
5.35 (2) clarify whose responsibility it is
5.36 to request funding for pooled
5.37 agencies: the attorney general, the
5.38 agency, or both;
5.39 (3) determine what process the billing
5.40 rate should follow before
5.41 implementation;
5.42 (4) establish a mechanism to ensure
5.43 that legal service resources are
5.44 allocated as intended by the
5.45 legislature and a process to address
5.46 situations where demand exceeds
5.47 resources;
5.48 (5) determine if partner agencies
5.49 should continue to have general fund
5.50 dollars set aside in the attorney
5.51 general's base; and
5.52 (6) determine what method is used to
5.53 ascertain how much funding for legal
5.54 services the attorney general has in
5.55 its base for each agency.
6.1 Sec. 7. SECRETARY OF STATE 11,844,000 6,160,000
6.2 $5,803,000 the first year is a one-time
6.3 appropriation to upgrade the office's
6.4 computer systems by converting stored
6.5 data to digital images, by bringing the
6.6 systems into compliance with year 2000
6.7 requirements, and by completing phase 2
6.8 of the office computer system upgrade
6.9 project. The secretary of state shall
6.10 report on the progress of this project
6.11 to the chairs of the legislative
6.12 committees responsible for this budget
6.13 item by January 15, 2000, and 2001.
6.14 Sec. 8. CAMPAIGN FINANCE AND
6.15 PUBLIC DISCLOSURE BOARD 712,000 707,000
6.16 Sec. 9. INVESTMENT BOARD 2,310,000 2,376,000
6.17 Sec. 10. ADMINISTRATIVE HEARINGS 7,064,000 6,859,000
6.18 Summary by Fund
6.19 General 400,000
6.20 Workers'
6.21 Compensation 6,664,000 6,859,000
6.22 The chief administrative law judge, in
6.23 cooperation with the state court
6.24 administrator, shall develop and
6.25 present to the legislature by January
6.26 15, 2000, a plan for funding the cost
6.27 of child support hearings out of
6.28 appropriations to the judicial branch
6.29 without increasing those appropriations.
6.30 The appropriation from the workers'
6.31 compensation special compensation fund
6.32 is for considering workers'
6.33 compensation claims.
6.34 Sec. 11. OFFICE OF STRATEGIC
6.35 AND LONG-RANGE PLANNING 6,891,000 4,417,000
6.36 $100,000 the first year is to integrate
6.37 the office's information technology and
6.38 is available until June 30, 2003. The
6.39 director shall report on the progress
6.40 of the unit to the chairs of the
6.41 legislative committees responsible for
6.42 this budget item by January 15, 2000,
6.43 2001, and 2002.
6.44 $1,600,000 the first year is for a
6.45 generic environmental impact statement
6.46 on animal agriculture.
6.47 $200,000 the first year is to perform
6.48 program evaluations of agencies in the
6.49 executive branch.
6.50 The program evaluation division will
6.51 report to the legislature by December
6.52 1, 2000, ways to reduce state
6.53 government expenditures by five to ten
6.54 percent.
6.55 $100,000 the first year is to provide
6.56 administrative support to
7.1 community-based planning efforts.
7.2 $150,000 the first year is for a grant
7.3 of $50,000 to the southwest regional
7.4 development commission for the
7.5 continuation of the pilot program and
7.6 two additional grants of $50,000 each
7.7 to regional development commissions or,
7.8 in regions not served by regional
7.9 development commissions, to regional
7.10 organizations selected by the director
7.11 of strategic and long-range planning,
7.12 to support planning work on behalf of
7.13 local units of government. The
7.14 planning work shall include, but need
7.15 not be limited to:
7.16 (1) development of local zoning
7.17 ordinances;
7.18 (2) land use plans;
7.19 (3) community or economic development
7.20 plans;
7.21 (4) transportation and transit plans;
7.22 (5) solid waste management plans;
7.23 (6) wastewater management plans;
7.24 (7) workforce development plans;
7.25 (8) housing development plans and/or
7.26 market analysis;
7.27 (9) rural health service plans;
7.28 (10) natural resources management
7.29 plans; or
7.30 (11) development of geographical
7.31 information systems database to serve a
7.32 region's needs, including hardware and
7.33 software purchases and related labor
7.34 costs.
7.35 $200,000 the first year is to prepare
7.36 the generic environmental impact
7.37 statement on urban development required
7.38 by section 108. Any unencumbered
7.39 balance remaining in the first year
7.40 does not cancel and is available for
7.41 the second year of the biennium.
7.42 $24,000 the first year is for the
7.43 southwest Minnesota wind monitoring
7.44 project.
7.45 Sec. 12. ADMINISTRATION
7.46 Subdivision 1. Total
7.47 Appropriation 50,288,000 36,692,000
7.48 For 1999 - $465,000
7.49 Summary by Fund
7.50 General 38,155,000 24,925,000
7.51 State Government
8.1 Special Revenue 11,873,000 11,767,000
8.2 For 1999 - $465,000
8.3 Workers'
8.4 Compensation 260,000 -0-
8.5 The amounts that may be spent from this
8.6 appropriation for each program are
8.7 specified in the following subdivisions.
8.8 Subd. 2. Operations Management
8.9 4,007,000 4,155,000
8.10 Subd. 3. Office of Technology
8.11 5,499,000 2,707,000
8.12 The commissioner of administration
8.13 shall develop and submit to the chairs
8.14 of the senate governmental operations
8.15 budget division and the house state
8.16 government finance committee by January
8.17 15, 2000, a long-range plan identifying
8.18 the mission and goals of the office of
8.19 technology. The appropriation for the
8.20 second year is not available until the
8.21 plan has been approved by a law enacted
8.22 at the 2000 regular session.
8.23 Summary by Fund
8.24 General 5,071,000 2,707,000
8.25 State Government
8.26 Special Revenue 168,000 -0-
8.27 Workers'
8.28 Compensation 260,000 -0-
8.29 The amounts that may be spent from this
8.30 appropriation for each purpose are as
8.31 follows:
8.32 (a) Administrative Services
8.33 2,871,000 2,707,000
8.34 $468,000 the first year and $468,000
8.35 the second year are for ongoing costs
8.36 of the North Star II project under
8.37 Minnesota Statutes, section 16E.07.
8.38 $220,000 the first year is to continue
8.39 the intergovernmental information
8.40 systems advisory council for one more
8.41 year.
8.42 (b) One-Stop Business Licensing
8.43 $500,000 the first year is a one-time
8.44 appropriation for the one-stop business
8.45 licensing system project under
8.46 Minnesota Statutes, section 16E.08.
8.47 The commissioner shall report on the
8.48 progress of this project to the chairs
8.49 of the legislative committees
8.50 responsible for this budget item by
8.51 January 15, 2000, and 2001. Before the
8.52 system is put into operation, the
9.1 security information technology project
9.2 of the commissioner of administration
9.3 shall perform a security audit of the
9.4 system and submit a report on the audit
9.5 to the chairs of the governmental
9.6 operations budget division of the
9.7 senate and the state government finance
9.8 committee of the house of
9.9 representatives.
9.10 (c) Small Agency Infrastructure
9.11 Summary by Fund
9.12 General 1,700,000 -0-
9.13 State Government
9.14 Special Revenue 168,000 -0-
9.15 Workers'
9.16 Compensation 260,000 -0-
9.17 This appropriation is for a one-time
9.18 transfer to eligible small agencies for
9.19 the small agency infrastructure
9.20 project. The commissioner of
9.21 administration shall determine
9.22 priorities for which projects should be
9.23 funded, except that $323,000 is for the
9.24 public utilities commission. An agency
9.25 whose strategic plan for information
9.26 technology was not approved before
9.27 April 1, 1999, may not receive money
9.28 from this appropriation. This
9.29 appropriation is available until June
9.30 30, 2003. The commissioner shall
9.31 report on the progress of this project
9.32 to the chairs of the legislative
9.33 committees responsible for this budget
9.34 item by January 15, 2000, 2001, and
9.35 2002.
9.36 Subd. 4. Intertechnologies Group
9.37 21,121,000 12,626,000
9.38 Summary by Fund
9.39 General 9,416,000 859,000
9.40 State Government
9.41 Special Revenue 11,705,000 11,767,000
9.42 For 1999 - $465,000
9.43 The appropriation from the special
9.44 revenue fund is for recurring costs of
9.45 911 emergency telephone service.
9.46 $2,075,000 the first year is a one-time
9.47 appropriation to create a directory
9.48 services infrastructure to support the
9.49 electronic delivery of government
9.50 services and is available until June
9.51 30, 2003. The commissioner shall
9.52 report on the progress of this project
9.53 to the chairs of the legislative
9.54 committees responsible for this budget
9.55 item by January 15, 2000, 2001, and
9.56 2002.
10.1 $340,000 the first year is a one-time
10.2 appropriation to conduct coordinated
10.3 security impact analysis and planning
10.4 in state agencies to support the
10.5 electronic delivery of government
10.6 services. The commissioner shall
10.7 report on the progress of this project
10.8 to the chairs of the legislative
10.9 committees responsible for this budget
10.10 item by January 15, 2000, and 2001.
10.11 $1,400,000 the first year is a one-time
10.12 appropriation to create the security
10.13 infrastructure for network-based
10.14 systems to enable the electronic
10.15 delivery of government services and is
10.16 available until June 30, 2003. The
10.17 commissioner shall report on the
10.18 progress of this project to the chairs
10.19 of the legislative committees
10.20 responsible for this budget item by
10.21 January 15, 2000, 2001, and 2002.
10.22 $350,000 the first year is for costs
10.23 related to the operation of the year
10.24 2000 project office.
10.25 $2,150,000 the first year is a one-time
10.26 appropriation to modify state business
10.27 systems to address year 2000 changes.
10.28 Up to $150,000 of this appropriation
10.29 may be allocated for year 2000 project
10.30 office costs. The appropriation is
10.31 available only upon approval of the
10.32 commissioner of finance after the
10.33 commissioner has determined that all
10.34 other money allocated for replacement
10.35 or enhancement of existing technology
10.36 for year 2000 compliance will be
10.37 expended. Notwithstanding Minnesota
10.38 Statutes, section 16A.285, after notice
10.39 to the commissioner of finance, any
10.40 unexpended balance of this
10.41 appropriation remaining after all year
10.42 2000 problems have been addressed may
10.43 be transferred and added to any of the
10.44 appropriations in this act for
10.45 information technology projects that
10.46 are available until June 30, 2003. A
10.47 transfer must be reported to the chairs
10.48 of the senate governmental operations
10.49 budget division and the house state
10.50 government finance committee.
10.51 $2,260,000 the first year is a one-time
10.52 appropriation to the department of
10.53 administration for the ongoing costs
10.54 incurred by the state agencies
10.55 participating in the state-county
10.56 collaboration project. For the
10.57 biennium beginning July 1, 2001, and
10.58 thereafter, the base appropriations
10.59 attributable to agencies other than the
10.60 department of administration must be
10.61 included in the budgets of those other
10.62 state agencies.
10.63 Subd. 5. Facilities Management
10.64 11,602,000 9,418,000
11.1 $5,447,000 the first year and
11.2 $5,460,000 the second year are for
11.3 office space costs of the legislature
11.4 and veterans organizations, for
11.5 ceremonial space, and for statutorily
11.6 free space.
11.7 $1,672,000 the first year is to
11.8 demolish the capitol square building
11.9 and restructure the site as a temporary
11.10 parking lot.
11.11 $520,000 the first year is to rebuild
11.12 and upgrade electronic security systems
11.13 in the capitol complex. The
11.14 commissioner shall report on the
11.15 progress of this project to the chairs
11.16 of the legislative committees
11.17 responsible for this budget item by
11.18 January 15, 2000.
11.19 The commissioner of administration
11.20 shall install on the automatically
11.21 operated landscape irrigation system in
11.22 the capitol area a device, commonly
11.23 known as a rain check, to prevent the
11.24 system from being activated when a
11.25 predetermined amount of precipitation
11.26 has accumulated.
11.27 $100,000 the first year is for grants
11.28 to places of public accommodation to
11.29 assist them in achieving compliance
11.30 with the bleacher safety requirements
11.31 of new Minnesota Statutes, section
11.32 16B.616. The commissioner shall give
11.33 highest priority to grant requests from
11.34 political subdivisions for whom the
11.35 cost of achieving compliance is the
11.36 greatest financial hardship. State
11.37 grants are available when the
11.38 commissioner has determined that
11.39 matching funds in an amount equal to
11.40 the grant have been committed. Any
11.41 unencumbered balance remaining in the
11.42 first year does not cancel and is
11.43 available for the second year of the
11.44 biennium.
11.45 Subd. 6. Management Services
11.46 3,622,000 3,670,000
11.47 $250,000 the first year and $200,000
11.48 the second year are for the information
11.49 policy training program under Minnesota
11.50 Statutes, section 13.073.
11.51 $150,000 the first year and $150,000
11.52 the second year are for a one-time
11.53 transfer to the Minnesota historical
11.54 society for the information policy
11.55 training program under Minnesota
11.56 Statutes, sections 13.073 and 138.17,
11.57 subdivisions 7 and 8.
11.58 $192,000 the first year and $196,000
11.59 the second year are for the office of
11.60 the state archaeologist.
11.61 Subd. 7. Fiscal Agent
12.1 994,000 786,000
12.2 $72,000 the first year and $74,000 the
12.3 second year are for the developmental
12.4 disabilities council.
12.5 $660,000 the first year and $450,000
12.6 the second year are for the STAR
12.7 program.
12.8 $2,000 the first year and $2,000 the
12.9 second year are for the state
12.10 employees' band.
12.11 $260,000 the first year and $260,000
12.12 the second year are for a grant to the
12.13 Minnesota Children's Museum, of which
12.14 $100,000 the first year and $100,000
12.15 the second year are an appropriation
12.16 for administrative costs of Project
12.17 Greenstart.
12.18 Subd. 8. Public Broadcasting
12.19 3,443,000 3,330,000
12.20 $1,450,000 the first year and
12.21 $1,450,000 the second year are for
12.22 matching grants for public television.
12.23 $600,000 the first year and $600,000
12.24 the second year are for public
12.25 television equipment needs. Equipment
12.26 grant allocations shall be made after
12.27 considering the recommendations of the
12.28 Minnesota public television association.
12.29 $113,000 the first year is for grants
12.30 to noncommercial television stations to
12.31 assist with conversion to a digital
12.32 broadcast signal as mandated by the
12.33 federal government. In order to
12.34 qualify for a grant, a station must
12.35 meet the criteria established for
12.36 grants in Minnesota Statutes, section
12.37 129D.12, subdivision 2.
12.38 $441,000 the first year and $441,000
12.39 the second year are for grants for
12.40 public information television
12.41 transmission of legislative
12.42 activities. At least one-half must go
12.43 for programming to be broadcast in
12.44 rural Minnesota.
12.45 $25,000 the first year and $25,000 the
12.46 second year are for grants to the Twin
12.47 Cities regional cable channel.
12.48 $320,000 the first year and $320,000
12.49 the second year are for community
12.50 service grants to public educational
12.51 radio stations, which must be allocated
12.52 after considering the recommendations
12.53 of the Association of Minnesota Public
12.54 Educational Radio Stations under
12.55 Minnesota Statutes, section 129D.14.
12.56 Of this appropriation, $30,000 the
12.57 first year and $30,000 the second year
12.58 are for station WTIP-FM in Grand
12.59 Marais, which need not meet the
13.1 requirements of Minnesota Statutes,
13.2 section 129D.14, until July 1, 2002.
13.3 $494,000 the first year and $494,000
13.4 the second year are for equipment
13.5 grants to public radio stations. These
13.6 grants must be allocated after
13.7 considering the recommendations of the
13.8 Association of Minnesota Public
13.9 Educational Radio Stations and
13.10 Minnesota Public Radio, Inc.
13.11 If an appropriation for either year for
13.12 grants to public television or radio
13.13 stations is not sufficient, the
13.14 appropriation for the other year is
13.15 available for it.
13.16 Sec. 13. CAPITOL AREA ARCHITECTURAL
13.17 AND PLANNING BOARD 888,000 306,000
13.18 $586,000 the first year is to design
13.19 and construct a memorial to Hubert H.
13.20 Humphrey; to make a grant to the
13.21 National World War II Memorial Fund,
13.22 2300 Clarendon Boulevard, Suite 501,
13.23 Arlington, Virginia 22201, as a
13.24 contribution to a national World War II
13.25 memorial; and for the capitol area
13.26 architectural and planning board, in
13.27 cooperation with the Minnesota
13.28 historical society and the Philippine
13.29 study group of Minnesota, to install in
13.30 the capitol rotunda a plaque that
13.31 corrects inaccurate historical
13.32 information presented on the current
13.33 Spanish-American War commemorative
13.34 plaque.
13.35 Sec. 14. FINANCE
13.36 Subdivision 1. Total
13.37 Appropriation 24,448,000 17,925,000
13.38 The amounts that may be spent from this
13.39 appropriation for each program are
13.40 specified in the following subdivisions.
13.41 Subd. 2. State Financial Management
13.42 7,805,000 7,993,000
13.43 Subd. 3. Information and
13.44 Management Services
13.45 16,643,000 9,932,000
13.46 $100,000 the first year is for a grant
13.47 to the city of Mankato to complete the
13.48 Mankato area growth management and
13.49 planning study, phase 2. The
13.50 appropriation is available until June
13.51 30, 2002. The appropriation must be
13.52 matched by an in-kind donation of
13.53 $100,000 in administrative, technical,
13.54 and higher educational internship
13.55 support and supervision. The value of
13.56 the in-kind donations must be
13.57 determined by the commissioner of
13.58 finance.
14.1 The city shall serve as fiscal agent to
14.2 complete the study under the 1997
14.3 regional planning joint powers
14.4 agreement among the cities of Mankato,
14.5 North Mankato, and Eagle Lake; the
14.6 counties of Nicollet and Blue Earth;
14.7 and the towns of Mankato, South Bend,
14.8 Lime, Decoria, and Belgrade, without
14.9 limitation on the rights of the parties
14.10 to that agreement to add or remove
14.11 members. The study is intended as an
14.12 alternative to community-based
14.13 planning. The study is intended to
14.14 develop information and analysis to
14.15 provide guidance on such issues as:
14.16 (1) the development of joint planning
14.17 agreements to implement a unified
14.18 growth management strategy;
14.19 (2) joint service ventures, such as
14.20 planning or zoning administration in
14.21 urban fringe areas;
14.22 (3) orderly growth and annexation
14.23 agreements between cities and
14.24 townships;
14.25 (4) feedlot regulations in urban fringe
14.26 areas and future growth corridors;
14.27 (5) service strategies for unsewered
14.28 subdivisions;
14.29 (6) other joint ventures for city,
14.30 county, and township service delivery
14.31 in fringe areas;
14.32 (7) feasibility of a rural township
14.33 taxing district; and
14.34 (8) alternatives to the current
14.35 community-based planning legislation
14.36 that would add flexibility and improve
14.37 the planning process.
14.38 The city of Mankato shall report the
14.39 results of the study to the legislature
14.40 by January 15, 2002.
14.41 $6,839,000 the first year is a one-time
14.42 appropriation to upgrade the human
14.43 resources and payroll system and is
14.44 available until June 30, 2003. The
14.45 commissioner shall report on the
14.46 progress of this project to the chairs
14.47 of the legislative committees
14.48 responsible for this budget item by
14.49 January 15, 2000, 2001, and 2002.
14.50 The commissioner of finance shall work
14.51 with the commissioners of employee
14.52 relations and administration and shall
14.53 develop as part of the human resource
14.54 and payroll systems upgrade, and submit
14.55 to the chairs of the senate
14.56 governmental operations budget division
14.57 and the house state government finance
14.58 committee by January 15, 2000, a
14.59 long-range plan for the statewide
14.60 business systems: human resources,
15.1 payroll, accounting, and procurement.
15.2 The plan must detail each system's
15.3 original development costs, its
15.4 expected life cycle, the estimated cost
15.5 of upgrading software to newer versions
15.6 during its life cycle, its operating
15.7 costs to date, and the factors that are
15.8 expected to drive future operating
15.9 costs within the departments of
15.10 finance, administration, and employee
15.11 relations. The plan must also include
15.12 an evaluation of and recommendations on
15.13 whether, for the statewide business
15.14 systems, the state should use software
15.15 that is developed and maintained in
15.16 house; proprietary software, either
15.17 modified or unmodified; a private
15.18 vendor; or a particular combination of
15.19 these options.
15.20 The commissioner of finance, in
15.21 consultation with senate and house
15.22 fiscal staff and the commissioner of
15.23 administration, shall develop
15.24 recommendations for inclusion in the
15.25 governor's fiscal year 2002-2003 budget
15.26 document on the presentation of
15.27 internal service funds. The
15.28 commissioner of finance shall submit
15.29 the recommendations to the chairs of
15.30 the senate governmental operations
15.31 budget division and the house state
15.32 government finance committee by January
15.33 15, 2000.
15.34 Sec. 15. EMPLOYEE RELATIONS
15.35 Subdivision 1. Total
15.36 Appropriation 10,530,000 10,398,000
15.37 The amounts that may be spent from this
15.38 appropriation for each program are
15.39 specified in the following subdivisions.
15.40 Subd. 2. Employee Insurance
15.41 2,755,000 2,446,000
15.42 $310,000 the first year is to prepare
15.43 to implement an optional,
15.44 participant-paid, long-term care
15.45 insurance program to be available to
15.46 state employees and their spouses and
15.47 parents, as provided in new Minnesota
15.48 Statutes, section 43A.318.
15.49 $2,375,000 the first year and
15.50 $2,376,000 the second year are for
15.51 transfer to the state employees
15.52 insurance fund to self-insure all
15.53 medical coverage provided through the
15.54 state employees group insurance
15.55 program, including the University of
15.56 Minnesota.
15.57 During the biennium ending June 30,
15.58 2001, the amount necessary to pay
15.59 premiums for coverage by the workers'
15.60 compensation reinsurance association
15.61 under Minnesota Statutes, section
15.62 79.34, is appropriated from the general
16.1 fund to the commissioner.
16.2 Subd. 3. Human Resources
16.3 Management
16.4 7,775,000 7,952,000
16.5 $123,000 the first year and $115,000
16.6 the second year are for a grant to the
16.7 government training service, of which
16.8 $48,000 the first year and $40,000 the
16.9 second year are a one-time
16.10 appropriation for information
16.11 technology and $25,000 the first year
16.12 and $25,000 the second year are a
16.13 one-time appropriation to conduct
16.14 conferences.
16.15 Subd. 4. Technology Budget Book
16.16 The department shall prepare a separate
16.17 budget book for the biennium beginning
16.18 July 1, 2001, containing all of the
16.19 administration's technology
16.20 initiatives. The book must also
16.21 include a complete inventory of
16.22 state-owned and leased technology,
16.23 along with a projected replacement
16.24 schedule. The inventory must include
16.25 information on how the technology fits
16.26 into the state's master plan.
16.27 Sec. 16. REVENUE
16.28 Subdivision 1. Total
16.29 Appropriation 99,988,000 89,515,000
16.30 Summary by Fund
16.31 General 95,866,000 85,317,000
16.32 Health Care Access 1,692,000 1,721,000
16.33 Highway User
16.34 Tax Distribution 2,129,000 2,173,000
16.35 Environmental 101,000 104,000
16.36 Solid Waste 200,000 200,000
16.37 The amounts that may be spent from this
16.38 appropriation for each program are
16.39 specified in the following subdivisions.
16.40 Subd. 2. Tax System Management
16.41 97,942,000 87,477,000
16.42 Summary by Fund
16.43 General 93,380,000 82,760,000
16.44 Health Care Access 1,692,000 1,721,000
16.45 Highway User
16.46 Tax Distribution 2,129,000 2,173,000
16.47 Environmental 101,000 104,000
16.48 Solid Waste 200,000 200,000
17.1 $12,000,000 the first year is a
17.2 one-time appropriation for the income
17.3 tax reengineering initiative and is
17.4 available until June 30, 2003, if the
17.5 carryforward from one biennium to the
17.6 next is approved by the commissioner of
17.7 finance after receiving the
17.8 recommendation of the chairs of the
17.9 funding committees overseeing the
17.10 department and in accordance with the
17.11 department's technology plan approved
17.12 by the commissioner of administration.
17.13 Failure or refusal to make a
17.14 recommendation promptly is deemed a
17.15 negative recommendation. The
17.16 commissioner of revenue shall report on
17.17 the progress of this project to the
17.18 chairs of the legislative committees
17.19 responsible for this budget item by
17.20 January 15, 2000, 2001, and 2002.
17.21 $400,000 the first year is a one-time
17.22 appropriation to administer the farm
17.23 relief program enacted by the 1999
17.24 legislature.
17.25 Subd. 3. Accounts Receivable Management
17.26 2,486,000 2,557,000
17.27 Subd. 4. Other Provisions
17.28 The building located in the capitol
17.29 complex at 600 North Robert Street, St.
17.30 Paul, is designated and named the
17.31 Harold E. Stassen building.
17.32 Sec. 17. MILITARY AFFAIRS
17.33 Subdivision 1. Total
17.34 Appropriation 10,896,000 11,041,000
17.35 The amounts that may be spent from this
17.36 appropriation for each program are
17.37 specified in the following subdivisions.
17.38 Subd. 2. Maintenance of Training
17.39 Facilities
17.40 6,777,000 6,869,000
17.41 $1,325,000 the first year and
17.42 $1,325,000 the second year are
17.43 appropriated for asset preservation and
17.44 facility repair. This appropriation
17.45 may be transferred between programs, to
17.46 the extent it is used for the same
17.47 purpose. The adjutant general may use
17.48 other available funding for this
17.49 purpose, to the extent it is not
17.50 inconsistent with any other law.
17.51 Subd. 3. General Support
17.52 1,690,000 1,742,000
17.53 $35,000 the first year and $35,000 the
17.54 second year are a one-time
17.55 appropriation to assist in the
17.56 operation and staffing of the Minnesota
17.57 national guard youth camp at Camp
18.1 Ripley. This appropriation is
18.2 available only as matched, dollar for
18.3 dollar, by money from nonstate sources.
18.4 Subd. 4. Enlistment Incentives
18.5 2,354,000 2,355,000
18.6 Obligations for the reenlistment bonus
18.7 program, suspended on December 31,
18.8 1991, shall be paid from the amounts
18.9 available within the enlistment
18.10 incentives program.
18.11 If appropriations for either year of
18.12 the biennium are insufficient, the
18.13 appropriation from the other year is
18.14 available. The appropriations for
18.15 enlistment incentives are available
18.16 until expended.
18.17 Subd. 5. Emergency Services
18.18 75,000 75,000
18.19 These appropriations are for expenses
18.20 of military forces ordered to active
18.21 duty under Minnesota Statutes, chapter
18.22 192. If the appropriation for either
18.23 year is insufficient, the appropriation
18.24 for the other year is available for it.
18.25 Sec. 18. VETERANS AFFAIRS 5,885,000 4,369,000
18.26 $1,544,000 the first year and
18.27 $1,544,000 the second year are for
18.28 emergency financial and medical needs
18.29 of veterans. If the appropriation for
18.30 either year is insufficient, the
18.31 appropriation for the other year is
18.32 available for it.
18.33 $12,000 the first year and $13,000 the
18.34 second year are one-time funding to
18.35 provide grants to local veterans'
18.36 organizations that provide
18.37 transportation services for veterans to
18.38 veterans administration medical
18.39 facilities.
18.40 The commissioner of veterans affairs,
18.41 in cooperation with the board of
18.42 directors of the Minnesota veterans
18.43 homes and the United States Veterans
18.44 Administration, shall study the
18.45 feasibility and desirability of
18.46 supplementing the missions of the
18.47 veterans homes and the Veterans
18.48 Administration hospitals in Minnesota
18.49 by entering into agreements with health
18.50 care providers throughout the state to
18.51 provide free or reduced-cost
18.52 comprehensive health care to veterans
18.53 close to their places of residence as a
18.54 supplement to private health
18.55 insurance. The commissioner shall
18.56 report the results of the study and any
18.57 recommendations to the legislature by
18.58 January 15, 2000.
18.59 With the approval of the commissioner
19.1 of finance, the commissioner of
19.2 veterans affairs may transfer the
19.3 unencumbered balance from the veterans
19.4 relief program to other department
19.5 programs during the fiscal year.
19.6 Before the transfer, the commissioner
19.7 of veterans affairs shall explain why
19.8 the unencumbered balance exists. The
19.9 amounts transferred must be identified
19.10 to the chairs of the senate
19.11 governmental operations budget
19.12 committee and the house state
19.13 government finance committee.
19.14 $275,000 the first year and $275,000
19.15 the second year are for a grant to the
19.16 Vinland National Center.
19.17 $1,485,000 the first year is to make
19.18 bonus payments authorized under
19.19 Minnesota Statutes, section 197.79.
19.20 The appropriation may not be used for
19.21 administrative purposes. The
19.22 appropriation does not expire until the
19.23 commissioner acts on all applications
19.24 submitted under Minnesota Statutes,
19.25 section 197.79.
19.26 $105,000 the first year is to
19.27 administer the bonus program
19.28 established under Minnesota Statutes,
19.29 section 197.79. The appropriation does
19.30 not expire until the commissioner acts
19.31 on all the applications submitted under
19.32 Minnesota Statutes, section 197.79.
19.33 $233,000 the first year and $235,000
19.34 the second year are for grants to
19.35 county veterans offices for training of
19.36 county veterans service officers.
19.37 Sec. 19. VETERANS OF FOREIGN
19.38 WARS 41,000 41,000
19.39 For carrying out the provisions of Laws
19.40 1945, chapter 455.
19.41 Sec. 20. MILITARY ORDER OF
19.42 THE PURPLE HEART 20,000 20,000
19.43 Sec. 21. DISABLED AMERICAN VETERANS 13,000 13,000
19.44 For carrying out the provisions of Laws
19.45 1941, chapter 425.
19.46 Sec. 22. GAMBLING CONTROL 2,183,000 2,241,000
19.47 Sec. 23. RACING COMMISSION 390,000 402,000
19.48 Sec. 24. STATE LOTTERY 110,000
19.49 This appropriation is from the lottery
19.50 prize fund to the commissioner of human
19.51 services for a grant to Project
19.52 Turnabout in Granite Falls to provide
19.53 compulsive gambling treatment and
19.54 education. The appropriation is
19.55 available until June 30, 2001, and must
19.56 not become part of the base
19.57 appropriation.
20.1 The director of the state lottery shall
20.2 reimburse the general fund $150,000 the
20.3 first year and $150,000 the second year
20.4 for lottery-related costs incurred by
20.5 the department of public safety.
20.6 Sec. 25. AMATEUR SPORTS
20.7 COMMISSION 6,619,000 639,000
20.8 $4,000,000 the first year is for grants
20.9 for ice centers under Minnesota
20.10 Statutes, section 240A.09, as amended
20.11 by this act. The prohibition in
20.12 Minnesota Statutes, section 240A.09, on
20.13 grants to colleges and universities
20.14 does not apply to the project at the
20.15 University of Minnesota-Duluth for
20.16 which a grant application was pending
20.17 on the effective date of the
20.18 amendment. Up to $1,000,000 of this
20.19 amount may be used for renovation
20.20 grants for existing ice arenas,
20.21 including renovation of bleachers to
20.22 meet code requirements. Any
20.23 unencumbered balance remaining in the
20.24 first year does not cancel and is
20.25 available for the second year of the
20.26 biennium.
20.27 $2,000,000 the first year is for grants
20.28 for amateur athletic facilities and
20.29 programs under section 91 and to
20.30 prepare the plan for soccer facilities
20.31 required by this section. $200,000 may
20.32 be used for special events or programs
20.33 and $30,000 may be used for the soccer
20.34 plan. Any unencumbered balance
20.35 remaining in the first year does not
20.36 cancel and is available for the second
20.37 year of the biennium.
20.38 The commission shall develop a plan to
20.39 stimulate the development of new
20.40 facilities primarily for soccer
20.41 throughout the state and to make grants
20.42 to assist with the development of these
20.43 facilities. The plan shall include an
20.44 assessment of needs, development and
20.45 financing alternatives, geographic and
20.46 demographic considerations, management
20.47 and use policies, and standards for the
20.48 design and construction of soccer
20.49 fields. Before adopting the plan, the
20.50 commission shall hold public meetings
20.51 in at least three locations throughout
20.52 the state to receive comment. The plan
20.53 must cover a 20-year development period.
20.54 Sec. 26. BOARD OF THE ARTS
20.55 Subdivision 1. Total Appropriation 13,064,000 13,094,000
20.56 Any unencumbered balance remaining in
20.57 this section the first year does not
20.58 cancel but is available for the second
20.59 year of the biennium.
20.60 Subd. 2. Operations and Services
20.61 989,000 1,019,000
21.1 Subd. 3. Grants Program
21.2 8,540,000 8,540,000
21.3 Subd. 4. Regional Arts Councils
21.4 3,535,000 3,535,000
21.5 Sec. 27. MINNESOTA HUMANITIES
21.6 COMMISSION 1,397,000 1,409,000
21.7 Any unencumbered balance remaining in
21.8 the first year does not cancel but is
21.9 available for the second year of the
21.10 biennium.
21.11 $500,000 the first year and $500,000
21.12 the second year are a one-time
21.13 appropriation for the
21.14 Motheread/Fatheread program.
21.15 Sec. 28. GENERAL CONTINGENT
21.16 ACCOUNTS 600,000 600,000
21.17 Summary by Fund
21.18 General 100,000 100,000
21.19 State Government
21.20 Special Revenue 400,000 400,000
21.21 Workers' Compensation 100,000 100,000
21.22 The appropriations in this section must
21.23 be spent with the approval of the
21.24 governor after consultation with the
21.25 legislative advisory commission under
21.26 Minnesota Statutes, section 3.30.
21.27 If an appropriation in this section for
21.28 either year is insufficient, the
21.29 appropriation for the other year is
21.30 available for it.
21.31 The special revenue appropriation is
21.32 available to be transferred to the
21.33 attorney general when the costs to
21.34 provide legal services to the health
21.35 boards exceed the biennial
21.36 appropriation to the attorney general
21.37 from the special revenue fund and for
21.38 transfer to the health boards if
21.39 required for unforeseen expenditures of
21.40 an emergency nature. The boards
21.41 receiving the additional services or
21.42 supplemental appropriations shall set
21.43 their fees to cover the costs.
21.44 Sec. 29. TORT CLAIMS 275,000 275,000
21.45 To be spent by the commissioner of
21.46 finance.
21.47 If the appropriation for either year is
21.48 insufficient, the appropriation for the
21.49 other year is available for it.
21.50 Sec. 30. MINNESOTA STATE
21.51 RETIREMENT SYSTEM 3,998,000 4,014,000
21.52 The amounts estimated to be needed for
22.1 each program are as follows:
22.2 (a) Legislators
22.3 3,800,000 3,800,000
22.4 Under Minnesota Statutes, sections
22.5 3A.03, subdivision 2; 3A.04,
22.6 subdivisions 3 and 4; and 3A.11.
22.7 (b) Constitutional Officers
22.8 198,000 214,000
22.9 Under Minnesota Statutes, sections
22.10 352C.031, subdivision 5; 352C.04,
22.11 subdivision 3; and 352C.09, subdivision
22.12 2.
22.13 If an appropriation in this section for
22.14 either year is insufficient, the
22.15 appropriation for the other year is
22.16 available for it.
22.17 Sec. 31. MINNEAPOLIS EMPLOYEES
22.18 RETIREMENT FUND 6,442,000 6,442,000
22.19 $5,892,000 the first year and
22.20 $5,892,000 the second year are to the
22.21 commissioner of finance for payment to
22.22 the Minneapolis employees retirement
22.23 fund under Minnesota Statutes, section
22.24 422A.101, subdivision 3. Payment must
22.25 be made in four equal installments,
22.26 March 15, July 15, September 15, and
22.27 November 15 each year.
22.28 $550,000 the first year and $550,000
22.29 the second year are to the commissioner
22.30 of finance for payment to the
22.31 Minneapolis employees retirement fund
22.32 for the supplemental benefit for
22.33 pre-1973 retirees under Minnesota
22.34 Statutes, section 356.865.
22.35 Sec. 32. POLICE AND FIRE
22.36 AMORTIZATION AID 6,295,000 6,303,000
22.37 $4,925,000 the first year and
22.38 $4,925,000 the second year are to the
22.39 commissioner of revenue for state aid
22.40 to amortize the unfunded liability of
22.41 local police and salaried firefighters
22.42 relief associations under Minnesota
22.43 Statutes, section 423A.02.
22.44 $1,000,000 the first year and
22.45 $1,000,000 the second year are to the
22.46 commissioner of revenue for
22.47 supplemental state aid to amortize the
22.48 unfunded liability of local police and
22.49 salaried firefighters relief
22.50 associations under Minnesota Statutes,
22.51 section 423A.02, subdivision 1a.
22.52 $370,000 the first year and $378,000
22.53 the second year are to the commissioner
22.54 of revenue to pay reimbursements to
22.55 relief associations for firefighter
22.56 supplemental benefits paid under
22.57 Minnesota Statutes, section 424A.10.
23.1 Sec. 33. BOARD OF GOVERNMENT
23.2 INNOVATION AND COOPERATION 1,014,000 1,018,000
23.3 Sec. 34. [STATEWIDE SYSTEMS ACCOUNT.]
23.4 Subdivision 1. [CONTINUATION.] The statewide systems
23.5 account is a separate account in the general fund. All money
23.6 resulting from billings for statewide systems services must be
23.7 deposited in the account. For the purposes of this section,
23.8 statewide systems includes the state accounting system, payroll
23.9 system, human resources system, procurement system, and related
23.10 information access systems.
23.11 Subd. 2. [BILLING PROCEDURES.] The commissioner of finance
23.12 may bill up to $7,520,000 in fiscal year 2000 and $7,520,000 in
23.13 fiscal year 2001 for statewide systems services provided to
23.14 state agencies, judicial branch agencies, the University of
23.15 Minnesota, the Minnesota state colleges and universities, and
23.16 other entities. Billing must be based only on usage of services
23.17 relating to statewide systems provided by the intertechnologies
23.18 division. Each agency shall transfer from agency operating
23.19 appropriations to the statewide systems account the amount
23.20 billed by the commissioner. Billing policies and procedures
23.21 related to statewide systems services must be developed by the
23.22 commissioner of finance in consultation with the commissioners
23.23 of employee relations and administration, the University of
23.24 Minnesota, and the Minnesota state colleges and universities.
23.25 Subd. 3. [APPROPRIATION.] Money transferred into the
23.26 account is appropriated to the commissioner of finance to pay
23.27 for statewide systems services during fiscal years 2000 and 2001.
23.28 Sec. 35. Minnesota Statutes 1998, section 3.3005, is
23.29 amended by adding a subdivision to read:
23.30 Subd. 3a. [CHANGE IN PURPOSE.] If a request to spend
23.31 federal money is included in a governor's budget request and
23.32 approved according to subdivision 2a, but the purpose for which
23.33 the money is to be used changes from the time of the request and
23.34 approval, the amount may be allotted for expenditure after a
23.35 revised request is submitted according to subdivision 2 or the
23.36 requirements of subdivision 5 are met.
24.1 Sec. 36. Minnesota Statutes 1998, section 3.17, is amended
24.2 to read:
24.3 3.17 [JOURNALS.]
24.4 A journal of the daily proceedings in each house shall be
24.5 printed and laid before each member at the beginning of the next
24.6 day's session. After it has been publicly read and corrected, a
24.7 copy, kept by the secretary and chief clerk, respectively, and a
24.8 transcript as approved shall be certified by the secretary or
24.9 clerk to the printer, who shall print the corrected permanent
24.10 journal. Executive messages, addresses, reports,
24.11 communications, and voluminous documents other than amendments
24.12 to the constitution or to bills and resolutions and the protests
24.13 of members submitted under the constitution, article 4, section
24.14 11, shall be omitted from the journals, unless otherwise ordered
24.15 by vote. Before distributing journals and other publications to
24.16 members, legislative staff, and others, each house shall notify
24.17 prospective recipients of the cost of the publications and the
24.18 availability of the same information on the Internet.
24.19 Sec. 37. Minnesota Statutes 1998, section 3C.12,
24.20 subdivision 2, is amended to read:
24.21 Subd. 2. [FREE DISTRIBUTION.] The revisor shall distribute
24.22 without charge copies of each edition of Minnesota Statutes,
24.23 supplements to Minnesota Statutes, and Laws of Minnesota to the
24.24 persons or bodies listed in this subdivision. Before
24.25 distributing the copies, the revisor shall ask inform these
24.26 persons or bodies of the cost of the publication and the
24.27 availability of statutes and session laws on the Internet, and
24.28 shall ask whether their work requires the full number of copies
24.29 authorized by this subdivision. Unless a smaller number is
24.30 needed, the revisor shall distribute:
24.31 (a) 30 copies to the supreme court;
24.32 (b) 30 copies to the court of appeals;
24.33 (c) one copy to each judge of a district court;
24.34 (d) one copy to the court administrator of each district
24.35 court for use in each courtroom of the district court;
24.36 (e) one copy to each judge, district attorney, clerk of
25.1 court of the United States, and deputy clerk of each division of
25.2 the United States district court in Minnesota;
25.3 (f) 100 copies to the office of the attorney general;
25.4 (g) ten copies each to the governor's office, the
25.5 departments of agriculture, commerce, corrections, children,
25.6 families, and learning, finance, health, transportation, labor
25.7 and industry, economic security, natural resources, public
25.8 safety, public service, human services, revenue, and the
25.9 pollution control agency;
25.10 (h) two copies each to the lieutenant governor and the
25.11 state treasurer;
25.12 (i) 20 copies each to the department of administration,
25.13 state auditor, and legislative auditor;
25.14 (j) one copy each to other state departments, agencies,
25.15 boards, and commissions not specifically named in this
25.16 subdivision;
25.17 (k) one copy to each member of the legislature;
25.18 (l) 150 copies for the use of the senate and 200 copies for
25.19 the use of the house of representatives;
25.20 (m) 50 copies to the revisor of statutes from which the
25.21 revisor shall send the appropriate number to the Library of
25.22 Congress for copyright and depository purposes;
25.23 (n) four copies to the secretary of the senate;
25.24 (o) four copies to the chief clerk of the house of
25.25 representatives;
25.26 (p) 100 copies to the state law library;
25.27 (q) 100 copies to the law school of the University of
25.28 Minnesota;
25.29 (r) five copies each to the Minnesota historical society
25.30 and the secretary of state;
25.31 (s) one copy each to the public library of the largest
25.32 municipality of each county if the library is not otherwise
25.33 eligible to receive a free copy under this section or section
25.34 15.18; and
25.35 (t) one copy to each county library maintained pursuant to
25.36 chapter 134, except in counties containing cities of the first
26.1 class. If a county has not established a county library
26.2 pursuant to chapter 134, the copy shall be provided to any
26.3 public library in the county.
26.4 Sec. 38. Minnesota Statutes 1998, section 8.15,
26.5 subdivision 1, is amended to read:
26.6 Subdivision 1. [FEE SCHEDULES.] The attorney general in
26.7 consultation with the commissioner of finance shall develop a
26.8 fee schedule to be used by the attorney general in developing
26.9 the agreements authorized in subdivision 3. The attorney
26.10 general must submit a billing rate for the next biennium to the
26.11 commissioner of finance by August 1 of each even-numbered year.
26.12 The attorney general may not assess a county any fee for
26.13 legal services rendered in connection with a commitment
26.14 proceeding under section 253B.185 for which the attorney general
26.15 assumes responsibility under section 8.01.
26.16 Sec. 39. Minnesota Statutes 1998, section 8.15,
26.17 subdivision 2, is amended to read:
26.18 Subd. 2. [BIENNIAL BUDGET REQUEST.] (a) The attorney
26.19 general in consultation with the commissioner of finance shall
26.20 designate which agencies will have their legal service requests
26.21 included in the budget request of the attorney general.
26.22 (b) All other agencies, in consultation with the attorney
26.23 general and the commissioner of finance, shall include a request
26.24 for legal services in their biennial budget requests.
26.25 (c) The budget request of the attorney general must include
26.26 a consolidated listing that shows on one page all the
26.27 appropriations that will be used to support the office of the
26.28 attorney general and the finance division from which they will
26.29 be requested.
26.30 Sec. 40. Minnesota Statutes 1998, section 8.15,
26.31 subdivision 3, is amended to read:
26.32 Subd. 3. [AGREEMENTS.] (a) To facilitate the delivery of
26.33 legal services, the attorney general may:
26.34 (1) enter into agreements with executive branch agencies,
26.35 political subdivisions, or quasi-state agencies to provide legal
26.36 services for the benefit of the citizens of Minnesota; and
27.1 (2) in addition to funds otherwise appropriated by the
27.2 legislature, accept and spend funds received under any agreement
27.3 authorized in clause (1) for the purpose set forth in clause
27.4 (1), subject to a report of receipts to the chairs of the senate
27.5 finance committee and the house ways and means committee by
27.6 October 15 each year.
27.7 (b) When entering into an agreement for legal services, the
27.8 attorney general must notify the committees responsible for
27.9 funding the office of the attorney general. When the attorney
27.10 general enters into an agreement with a state agency, the
27.11 attorney general must also notify the committees responsible for
27.12 funding that agency.
27.13 Funds received under this subdivision must be deposited in
27.14 the general fund and are appropriated to the attorney general
27.15 for the purposes set forth in this subdivision.
27.16 Sec. 41. Minnesota Statutes 1998, section 13.03,
27.17 subdivision 2, is amended to read:
27.18 Subd. 2. [PROCEDURES.] (a) The responsible authority in
27.19 every state agency, political subdivision, and statewide system
27.20 shall establish procedures, consistent with this chapter, to
27.21 insure that requests for government data are received and
27.22 complied with in an appropriate and prompt manner.
27.23 (b) The responsible authority shall prepare public access
27.24 procedures in written form and update them no later than August
27.25 1 of each year as necessary to reflect any changes in personnel
27.26 or circumstances that might affect public access to government
27.27 data. The responsible authority shall make copies of the
27.28 written public access procedures easily available to the public
27.29 by distributing free copies of the procedures to the public or
27.30 by posting a copy of the procedures in a conspicuous place
27.31 within the government entity that is easily accessible to the
27.32 public.
27.33 (c) Full convenience and comprehensive accessibility shall
27.34 be allowed to researchers including historians, genealogists and
27.35 other scholars to carry out extensive research and complete
27.36 copying of all records containing government data except as
28.1 otherwise expressly provided by law.
28.2 A responsible authority may designate one or more designees.
28.3 Sec. 42. Minnesota Statutes 1998, section 13.05, is
28.4 amended by adding a subdivision to read:
28.5 Subd. 11. [PRIVATIZATION.] (a) If a government entity
28.6 enters into a contract with a private person to perform any of
28.7 its functions, the government entity shall include in the
28.8 contract terms that make it clear that all of the data created,
28.9 collected, received, stored, used, maintained, or disseminated
28.10 by the private person in performing those functions is subject
28.11 to the requirements of this chapter and that the private person
28.12 must comply with those requirements as if it were a government
28.13 entity. The remedies in section 13.08 apply to the private
28.14 person under this subdivision.
28.15 (b) This subdivision does not create a duty on the part of
28.16 the private person to provide access to public data to the
28.17 public if the public data are available from the government
28.18 entity, except as required by the terms of the contract.
28.19 Sec. 43. Minnesota Statutes 1998, section 13.073, is
28.20 amended by adding a subdivision to read:
28.21 Subd. 6. [PREPARATION OF MODEL POLICIES AND
28.22 PROCEDURES.] The commissioner shall, in consultation with
28.23 affected government entities, prepare model policies and
28.24 procedures to assist government entities in complying with the
28.25 requirements of this chapter that relate to public access to
28.26 government data and rights of subjects of data. Upon completion
28.27 of a model for a governmental level, the commissioner shall
28.28 offer that model for formal adoption by that level of government.
28.29 Government entities may adopt or reject the model offered by the
28.30 commissioner. A government entity that adopts the
28.31 commissioner's model shall notify the commissioner in a form
28.32 prescribed by the commissioner.
28.33 Sec. 44. Minnesota Statutes 1998, section 15.50,
28.34 subdivision 2, is amended to read:
28.35 Subd. 2. [CAPITOL AREA PLAN.] (a) The board shall prepare,
28.36 prescribe, and from time to time, after a public hearing, amend
29.1 a comprehensive use plan for the capitol area, called the area
29.2 in this subdivision, which consists of that portion of the city
29.3 of Saint Paul comprehended within the following boundaries:
29.4 Beginning at the point of intersection of the center line of the
29.5 Arch-Pennsylvania freeway and the center line of Marion Street,
29.6 thence southerly along the center line of Marion Street extended
29.7 to a point 50 feet south of the south line of Concordia Avenue,
29.8 thence southeasterly along a line extending 50 feet from the
29.9 south line of Concordia Avenue to a point 125 feet from the west
29.10 line of John Ireland Boulevard, thence southwesterly along a
29.11 line extending 125 feet from the west line of John Ireland
29.12 Boulevard to the south line of Dayton Avenue, thence
29.13 northeasterly from the south line of Dayton Avenue to the west
29.14 line of John Ireland Boulevard, thence northeasterly to the
29.15 center line of the intersection of Old Kellogg Boulevard and
29.16 Summit Avenue, thence northeasterly along the center line of
29.17 Summit Avenue to the center line of the new West Kellogg
29.18 Boulevard, thence southerly along the east line of the new West
29.19 Kellogg Boulevard, to the center line of West Seventh Street,
29.20 thence northeasterly along the center line of West Seventh
29.21 Street to the center line of the Fifth Street ramp, thence
29.22 northwesterly along the center line of the Fifth Street ramp to
29.23 the east line of the right-of-way of Interstate Highway 35-E,
29.24 thence northeasterly along the east line of the right-of-way of
29.25 Interstate Highway 35-E to the south line of the right-of-way of
29.26 Interstate Highway 94, thence easterly along the south line of
29.27 the right-of-way of Interstate Highway 94 to the west line of
29.28 St. Peter Street, thence southerly to the south line of Exchange
29.29 Street, thence easterly along the south line of Exchange Street
29.30 to the west line of Cedar Street, thence northerly along the
29.31 west line of Cedar Street to the center line of Tenth Street,
29.32 thence northeasterly along the center line of Tenth Street to
29.33 the center line of Minnesota Street, thence northwesterly along
29.34 the center line of Minnesota Street to the center line of
29.35 Eleventh Street, thence northeasterly along the center line of
29.36 Eleventh Street to the center line of Jackson Street, thence
30.1 northwesterly along the center line of Jackson Street to the
30.2 center line of the Arch-Pennsylvania freeway extended, thence
30.3 westerly along the center line of the Arch-Pennsylvania freeway
30.4 extended and Marion Street to the point of origin. If
30.5 construction of the labor interpretive center does not commence
30.6 prior to December 31, 2000, at the site recommended by the
30.7 board, the boundaries of the capitol area revert to their
30.8 configuration as of 1992.
30.9 Under the comprehensive plan, or a portion of it, the board
30.10 may regulate, by means of zoning rules adopted under the
30.11 Administrative Procedure Act, the kind, character, height, and
30.12 location, of buildings and other structures constructed or used,
30.13 the size of yards and open spaces, the percentage of lots that
30.14 may be occupied, and the uses of land, buildings and other
30.15 structures, within the area. To protect and enhance the
30.16 dignity, beauty, and architectural integrity of the capitol
30.17 area, the board is further empowered to include in its zoning
30.18 rules design review procedures and standards with respect to any
30.19 proposed construction activities in the capitol area
30.20 significantly affecting the dignity, beauty, and architectural
30.21 integrity of the area. No person may undertake these
30.22 construction activities as defined in the board's rules in the
30.23 capitol area without first submitting construction plans to the
30.24 board, obtaining a zoning permit from the board, and receiving a
30.25 written certification from the board specifying that the person
30.26 has complied with all design review procedures and standards.
30.27 Violation of the zoning rules is a misdemeanor. The board may,
30.28 at its option, proceed to abate any violation by injunction.
30.29 The board and the city of Saint Paul shall cooperate in assuring
30.30 that the area adjacent to the capitol area is developed in a
30.31 manner that is in keeping with the purpose of the board and the
30.32 provisions of the comprehensive plan.
30.33 (b) The commissioner of administration shall act as a
30.34 consultant to the board with regard to the physical structural
30.35 needs of the state. The commissioner shall make studies and
30.36 report the results to the board when it requests reports for its
31.1 planning purpose.
31.2 (c) No public building, street, parking lot, or monument,
31.3 or other construction may be built or altered on any public
31.4 lands within the area unless the plans for the project conform
31.5 to the comprehensive use plan as specified in paragraph (d) and
31.6 to the requirement for competitive plans as specified in
31.7 paragraph (e). No alteration substantially changing the
31.8 external appearance of any existing public building approved in
31.9 the comprehensive plan or the exterior or interior design of any
31.10 proposed new public building the plans for which were secured by
31.11 competition under paragraph (e) may be made without the prior
31.12 consent of the board. The commissioner of administration shall
31.13 consult with the board regarding internal changes having the
31.14 effect of substantially altering the architecture of the
31.15 interior of any proposed building.
31.16 (d) The comprehensive plan must show the existing land uses
31.17 and recommend future uses including: areas for public taking
31.18 and use; zoning for private land and criteria for development of
31.19 public land, including building areas, open spaces, monuments,
31.20 and other memorials; vehicular and pedestrian circulation;
31.21 utilities systems; vehicular storage; elements of landscape
31.22 architecture. No substantial alteration or improvement may be
31.23 made to public lands or buildings in the area without the
31.24 written approval of the board.
31.25 (e) The board shall secure by competitions plans for any
31.26 new public building. Plans for any comprehensive plan,
31.27 landscaping scheme, street plan, or property acquisition that
31.28 may be proposed, or for any proposed alteration of any existing
31.29 public building, landscaping scheme or street plan may be
31.30 secured by a similar competition. A competition must be
31.31 conducted under rules prescribed by the board and may be of any
31.32 type which meets the competition standards of the American
31.33 Institute of Architects. Designs selected become the property
31.34 of the state of Minnesota, and the board may award one or more
31.35 premiums in each competition and may pay the costs and fees that
31.36 may be required for its conduct. At the option of the board,
32.1 plans for projects estimated to cost less than $1,000,000 may be
32.2 approved without competition provided the plans have been
32.3 considered by the advisory committee described in paragraph
32.4 (h). Plans for projects estimated to cost less than $400,000
32.5 and for construction of streets need not be considered by the
32.6 advisory committee if in conformity with the comprehensive plan.
32.7 (f) Notwithstanding paragraph (e), an architectural
32.8 competition is not required for the design of any light rail
32.9 transit station and alignment within the capitol area. The
32.10 board and its advisory committee shall select a preliminary
32.11 design for any transit station in the capitol area. Each stage
32.12 of any station's design through working drawings must be
32.13 reviewed by the board's advisory committee and approved by the
32.14 board to ensure that the station's design is compatible with the
32.15 comprehensive plan for the capitol area and the board's design
32.16 criteria. The guideway and track design of any light rail
32.17 transit alignment within the capitol area must also be reviewed
32.18 by the board's advisory committee and approved by the board.
32.19 (g) Of the amount available for the light rail transit
32.20 design, adequate funds must be available to the board for design
32.21 framework studies and review of preliminary plans for light rail
32.22 transit alignment and stations in the capitol area.
32.23 (h) The board may not adopt any plan under paragraph (e)
32.24 unless it first receives the comments and criticism of an
32.25 advisory committee of three persons, each of whom is either an
32.26 architect or a planner, who have been selected and appointed as
32.27 follows: one by the board of the arts, one by the board, and
32.28 one by the Minnesota Society of the American Institute of
32.29 Architects. Members of the committee may not be contestants
32.30 under paragraph (e). The comments and criticism must be a
32.31 matter of public information. The committee shall advise the
32.32 board on all architectural and planning matters. For that
32.33 purpose, the committee must be kept currently informed
32.34 concerning, and have access to, all data, including all plans,
32.35 studies, reports and proposals, relating to the area as the data
32.36 are developed or in the process of preparation, whether by the
33.1 commissioner of administration, the commissioner of trade and
33.2 economic development, the metropolitan council, the city of
33.3 Saint Paul, or by any architect, planner, agency or
33.4 organization, public or private, retained by the board or not
33.5 retained and engaged in any work or planning relating to the
33.6 area, and a copy of any data prepared by any public employee or
33.7 agency must be filed with the board promptly upon completion.
33.8 The board may employ stenographic or technical help that
33.9 may be reasonable to assist the committee to perform its duties.
33.10 When so directed by the board, the committee may serve as,
33.11 and any member or members of the committee may serve on, the
33.12 jury or as professional advisor for any architectural
33.13 competition, and the board shall select the architectural
33.14 advisor and jurors for any competition with the advice of the
33.15 committee.
33.16 The city of Saint Paul shall advise the board.
33.17 (i) The comprehensive plan for the area must be developed
33.18 and maintained in close cooperation with the commissioner of
33.19 trade and economic development, the planning department and the
33.20 council for the city of Saint Paul, and the board of the arts,
33.21 and no plan or amendment of a plan may be effective without 90
33.22 days' notice to the planning department of the city of Saint
33.23 Paul and the board of the arts and without a public hearing with
33.24 opportunity for public testimony.
33.25 (j) The board and the commissioner of administration,
33.26 jointly, shall prepare, prescribe, and from time to time revise
33.27 standards and policies governing the repair, alteration,
33.28 furnishing, appearance, and cleanliness of the public and
33.29 ceremonial areas of the state capitol building. The board shall
33.30 consult with and receive advice from the director of the
33.31 Minnesota state historical society regarding the historic
33.32 fidelity of plans for the capitol building. The standards and
33.33 policies developed under this paragraph are binding upon the
33.34 commissioner of administration. The provisions of chapter 14,
33.35 including section 14.386, do not apply to this paragraph.
33.36 (k) The board in consultation with the commissioner of
34.1 administration shall prepare and submit to the legislature and
34.2 the governor no later than October 1 of each even-numbered year
34.3 a report on the status of implementation of the comprehensive
34.4 plan together with a program for capital improvements and site
34.5 development, and the commissioner of administration shall
34.6 provide the necessary cost estimates for the program. The board
34.7 shall report any changes to the comprehensive plan adopted by
34.8 the board to the committee on governmental operations and
34.9 gambling of the house of representatives and the committee on
34.10 governmental operations and reform of the senate and upon
34.11 request shall provide testimony concerning the changes. The
34.12 board shall also provide testimony to the legislature on
34.13 proposals for memorials in the capitol area as to their
34.14 compatibility with the standards, policies, and objectives of
34.15 the comprehensive plan.
34.16 (l) The state shall, by the attorney general upon the
34.17 recommendation of the board and within appropriations available
34.18 for that purpose, acquire by gift, purchase, or eminent domain
34.19 proceedings any real property situated in the area described in
34.20 this section, and it may also acquire an interest less than a
34.21 fee simple interest in the property, if it finds that the
34.22 property is needed for future expansion or beautification of the
34.23 area.
34.24 (m) The board is the successor of the state veterans
34.25 service building commission, and as such may adopt rules and may
34.26 reenact the rules adopted by its predecessor under Laws 1945,
34.27 chapter 315, and amendments to it.
34.28 (n) The board shall meet at the call of the chair and at
34.29 such other times as it may prescribe.
34.30 (o) The commissioner of administration shall assign
34.31 quarters in the state veterans service building to (1) the
34.32 department of veterans affairs, of which a part that the
34.33 commissioner of administration and commissioner of veterans
34.34 affairs may mutually determine must be on the first floor above
34.35 the ground, and (2) the American Legion, Veterans of Foreign
34.36 Wars, Disabled American Veterans, Military Order of the Purple
35.1 Heart, United Spanish War Veterans, and Veterans of World War I,
35.2 and their auxiliaries, incorporated, or when incorporated, under
35.3 the laws of the state, and (3) as space becomes available, to
35.4 other state departments and agencies as the commissioner may
35.5 deem desirable.
35.6 Sec. 45. Minnesota Statutes 1998, section 16A.102,
35.7 subdivision 1, is amended to read:
35.8 Subdivision 1. [GOVERNOR'S RECOMMENDATION.] By the
35.9 fourth Monday Tuesday in January of each odd-numbered year, the
35.10 governor shall submit to the legislature a recommended revenue
35.11 target for the next two bienniums. The recommended revenue
35.12 target must specify:
35.13 (1) the maximum share of Minnesota personal income to be
35.14 collected in taxes and other revenues to pay for state and local
35.15 government services;
35.16 (2) the division of the share between state and local
35.17 government revenues; and
35.18 (3) the mix and rates of income, sales, and other state and
35.19 local taxes including property taxes and other revenues.
35.20 The recommendations must be based on the November forecast
35.21 prepared under section 16A.103.
35.22 Sec. 46. Minnesota Statutes 1998, section 16A.103,
35.23 subdivision 1, is amended to read:
35.24 Subdivision 1. [STATE REVENUE AND EXPENDITURES.] In
35.25 February and November each year, the commissioner shall prepare
35.26 a forecast of state revenue and expenditures. The November
35.27 forecast must be delivered to the legislature and governor no
35.28 later than the end of the first week of December. The February
35.29 forecast must be delivered to the legislature and governor by
35.30 the end of February. Forecasts must be delivered to the
35.31 legislature and governor on the same day. If requested by the
35.32 legislative commission on planning and fiscal policy, delivery
35.33 to the legislature must include a presentation to the
35.34 commission. The forecast must assume the continuation of
35.35 current laws and reasonable estimates of projected growth in the
35.36 national and state economies and affected populations. Revenue
36.1 must be estimated for all sources provided for in current law.
36.2 Expenditures must be estimated for all obligations imposed by
36.3 law and those projected to occur as a result of inflation and
36.4 variables outside the control of the legislature. In
36.5 determining the rate of inflation, the application of inflation,
36.6 the amount of state bonding as it affects debt service, and the
36.7 other variables to be included in the expenditure part of the
36.8 forecast, the commissioner must consult with the chair of the
36.9 senate state government finance committee, the chair of the
36.10 house committee on ways and means, and house and senate fiscal
36.11 staff. In addition, the commissioner shall forecast Minnesota
36.12 personal income for each of the years covered by the forecast
36.13 and include these estimates in the forecast documents. A
36.14 forecast prepared during the first fiscal year of a biennium
36.15 must cover that biennium and the next biennium. A forecast
36.16 prepared during the second fiscal year of a biennium must cover
36.17 that biennium and the next two bienniums.
36.18 Sec. 47. Minnesota Statutes 1998, section 16A.11, is
36.19 amended by adding a subdivision to read:
36.20 Subd. 7. [FEES.] The detailed operating budget for each
36.21 executive branch agency must include proposals for any new fees
36.22 or any increases in existing fees. For purposes of this
36.23 section, "fees" has the meaning given in section 16A.1283, but
36.24 excludes charges listed in paragraph (b) of that section.
36.25 Sec. 48. Minnesota Statutes 1998, section 16A.126,
36.26 subdivision 3, is amended to read:
36.27 Subd. 3. [REPAYMENT SCHEDULES.] The commissioner shall
36.28 make schedules for repayment to the general fund of the
36.29 transferred money. A schedule to repay money used to buy
36.30 equipment may extend over the equipment's useful life.
36.31 Otherwise, a schedule may not extend beyond five years. The
36.32 repayment must include interest at a rate comparable to the rate
36.33 earned by the state on invested treasurer's cash, as determined
36.34 monthly by the commissioner. An amount necessary to pay the
36.35 interest is appropriated from the revolving fund to which the
36.36 transfer was made.
37.1 Sec. 49. [16A.1283] [LEGISLATIVE APPROVAL REQUIRED.]
37.2 (a) Notwithstanding any law to the contrary, an executive
37.3 branch state agency may not impose a new fee or increase an
37.4 existing fee unless the new fee or increase is approved by law.
37.5 For purposes of this section, a fee is any charge for goods,
37.6 services, regulation, or licensure, and, notwithstanding
37.7 paragraph (b), clause (3), includes charges for admission to or
37.8 for use of public facilities owned by the state.
37.9 (b) This section does not apply to:
37.10 (1) charges billed within or between state agencies, or
37.11 billed to federal agencies;
37.12 (2) the Minnesota state colleges and universities system;
37.13 or
37.14 (3) charges for goods and services provided for the direct
37.15 and primary use of a private individual, business, or other
37.16 entity.
37.17 (c) An executive branch agency may reduce a fee that was
37.18 set by rule before the effective date of this section without
37.19 legislative approval. Chapter 14 does not apply to fee
37.20 reductions under this paragraph.
37.21 Sec. 50. Minnesota Statutes 1998, section 16A.129,
37.22 subdivision 3, is amended to read:
37.23 Subd. 3. [CASH ADVANCES.] When the operations of any
37.24 nongeneral fund account would be impeded by projected cash
37.25 deficiencies resulting from delays in the receipt of grants,
37.26 dedicated income, or other similar receivables, and when the
37.27 deficiencies would be corrected within the budget period
37.28 involved, the commissioner of finance may use general fund cash
37.29 reserves to meet cash demands. If funds are transferred from
37.30 the general fund to meet cash flow needs, the cash flow
37.31 transfers must be returned to the general fund as soon as
37.32 sufficient cash balances are available in the account to which
37.33 the transfer was made. The fund to which general fund cash was
37.34 advanced must pay interest on the cash advance at a rate
37.35 comparable to the rate earned by the state on invested
37.36 treasurer's cash, as determined monthly by the commissioner. An
38.1 amount necessary to pay the interest is appropriated from the
38.2 nongeneral fund to which the cash advance was made. Any
38.3 interest earned on general fund cash flow transfers accrues to
38.4 the general fund and not to the accounts or funds to which the
38.5 transfer was made. The commissioner may advance general fund
38.6 cash reserves to nongeneral fund accounts where the receipts
38.7 from other governmental units cannot be collected within the
38.8 budget period.
38.9 Sec. 51. Minnesota Statutes 1998, section 16A.45,
38.10 subdivision 1, is amended to read:
38.11 Subdivision 1. [CANCEL; CREDIT.] Once each fiscal year the
38.12 commissioner and the treasurer shall cancel upon their books all
38.13 outstanding unpaid commissioner's warrants, except warrants
38.14 issued for federal assistance programs, that have been issued
38.15 and delivered for more than six months prior to that date and
38.16 credit to the general fund the respective amounts of the
38.17 canceled warrants on or before June 30 of the preceding year and
38.18 credit state amounts subject to section 345.43 and federal
38.19 amounts to the appropriate account in the federal fund. These
38.20 warrants are presumed abandoned under section 345.38 and are
38.21 subject to the provisions of sections 345.31 to 345.60. The
38.22 commissioner and the treasurer shall cancel upon their books all
38.23 outstanding unpaid commissioner's warrants issued for federal
38.24 assistance programs that have been issued and delivered for more
38.25 than the period of time set pursuant to the federal program and
38.26 credit to the general fund and the appropriate account in the
38.27 federal fund, the amount of the canceled warrants.
38.28 Sec. 52. Minnesota Statutes 1998, section 16A.85,
38.29 subdivision 1, is amended to read:
38.30 Subdivision 1. [AUTHORIZATION.] The commissioner of
38.31 administration may determine, in conjunction with the
38.32 commissioner of finance, the personal property needs of the
38.33 various state departments, agencies, boards, commissions and the
38.34 legislature of the kinds of property identified in this
38.35 subdivision that may be economically funded through a master
38.36 lease program and request the commissioner of finance to execute
39.1 a master lease. The master lease may be used only to finance
39.2 the following kinds of purchases:
39.3 (a) The master lease may be used to finance purchases by
39.4 the commissioner of administration with money from an internal
39.5 services fund.
39.6 (b) The master lease may be used to refinance a purchase of
39.7 equipment already purchased under a lease-purchase agreement.
39.8 (c) The master lease may be used to finance purchases of
39.9 large equipment with a capital value of more than $100,000 and a
39.10 useful life of more than ten years.
39.11 (d) The legislature may specifically authorize a particular
39.12 purchase to be financed using the master lease. The legislature
39.13 anticipates that this authorization will be given only to
39.14 finance the purchase of major pieces of equipment with a capital
39.15 value of more than $10,000.
39.16 The commissioner of finance may authorize the sale and
39.17 issuance of certificates of participation relative to a master
39.18 lease in an amount sufficient to fund these personal property
39.19 needs. The term of the certificates must be less than the
39.20 expected useful life of the equipment whose purchase is financed
39.21 by the certificates. The commissioner of administration may use
39.22 the proceeds from the master lease or the sale of the
39.23 certificates of participation to acquire the personal property
39.24 through the appropriate procurement procedure in chapter 16C.
39.25 Money appropriated for the lease or acquisition of this personal
39.26 property is appropriated to the commissioner of finance to make
39.27 master lease payments.
39.28 Sec. 53. Minnesota Statutes 1998, section 16B.03, is
39.29 amended to read:
39.30 16B.03 [APPOINTMENTS.]
39.31 The commissioner is authorized to appoint staff, including
39.32 a deputy commissioner two deputy commissioners, in accordance
39.33 with chapter 43A.
39.34 Sec. 54. Minnesota Statutes 1998, section 16B.104, is
39.35 amended to read:
39.36 16B.104 [PROCUREMENT REQUIREMENTS.]
40.1 (a) The commissioner, in consultation with the office of
40.2 technology, shall develop nonvisual technology access
40.3 standards. The standards must be included in all contracts for
40.4 the procurement of information technology by, or for the use of,
40.5 agencies, political subdivisions, and the Minnesota state
40.6 colleges and universities. The University of Minnesota is
40.7 encouraged to consider similar standards.
40.8 (b) The nonvisual access standards must include the
40.9 following minimum specifications:
40.10 (1) that effective, interactive control and use of the
40.11 technology including the operating system, applications
40.12 programs, prompts, and format of the data presented, are readily
40.13 achievable by nonvisual means;
40.14 (2) that the nonvisual access technology must be compatible
40.15 with information technology used by other individuals with whom
40.16 the blind or visually impaired individual must interact;
40.17 (3) that nonvisual access technology must be integrated
40.18 into networks used to share communications among employees,
40.19 program participants, and the public; and
40.20 (4) that the nonvisual access technology must have the
40.21 capability of providing equivalent access by nonvisual means to
40.22 telecommunications or other interconnected network services used
40.23 by persons who are not blind or visually impaired.
40.24 (c) Nothing in this section requires the installation of
40.25 software or peripheral devices used for nonvisual access when
40.26 the information technology is being used by individuals who are
40.27 not blind or visually impaired.
40.28 Sec. 55. Minnesota Statutes 1998, section 16B.24,
40.29 subdivision 5, is amended to read:
40.30 Subd. 5. [RENTING OUT STATE PROPERTY.] (a) [AUTHORITY.]
40.31 The commissioner may rent out state property, real or personal,
40.32 that is not needed for public use, if the rental is not
40.33 otherwise provided for or prohibited by law. The property may
40.34 not be rented out for more than five years at a time without the
40.35 approval of the state executive council and may never be rented
40.36 out for more than 25 years. A rental agreement may provide that
41.1 the state will reimburse a tenant for a portion of capital
41.2 improvements that the tenant makes to state real property if the
41.3 state does not permit the tenant to renew the lease at the end
41.4 of the rental agreement.
41.5 (b) [RESTRICTIONS.] Paragraph (a) does not apply to state
41.6 trust fund lands, other state lands under the jurisdiction of
41.7 the department of natural resources, lands forfeited for
41.8 delinquent taxes, lands acquired under section 298.22, or lands
41.9 acquired under section 41.56 which are under the jurisdiction of
41.10 the department of agriculture.
41.11 (c) [FORT SNELLING CHAPEL; RENTAL.] The Fort Snelling
41.12 Chapel, located within the boundaries of Fort Snelling State
41.13 Park, is available for use only on payment of a rental fee. The
41.14 commissioner shall establish rental fees for both public and
41.15 private use. The rental fee for private use by an organization
41.16 or individual must reflect the reasonable value of equivalent
41.17 rental space. Rental fees collected under this section must be
41.18 deposited in the general fund.
41.19 (d) [RENTAL OF LIVING ACCOMMODATIONS.] The commissioner
41.20 shall establish rental rates for all living accommodations
41.21 provided by the state for its employees. Money collected as
41.22 rent by state agencies pursuant to this paragraph must be
41.23 deposited in the state treasury and credited to the general fund.
41.24 (e) [LEASE OF SPACE IN CERTAIN STATE BUILDINGS TO STATE
41.25 AGENCIES.] The commissioner may lease portions of the
41.26 state-owned buildings in the capitol complex, the capitol square
41.27 building, the health building, the Duluth government center, and
41.28 the building at 1246 University Avenue, St. Paul, Minnesota, to
41.29 state agencies and the court administrator on behalf of the
41.30 judicial branch of state government and charge rent on the basis
41.31 of space occupied. Notwithstanding any law to the contrary, all
41.32 money collected as rent pursuant to the terms of this section
41.33 shall be deposited in the state treasury. Money collected as
41.34 rent to recover the depreciation and bond interest costs of a
41.35 building funded from the state bond proceeds fund shall be
41.36 credited to the general fund. Money collected as rent to
42.1 recover the depreciation costs of a building funded from the
42.2 state bond proceeds fund and money collected as rent to recover
42.3 capital expenditures from capital asset preservation and
42.4 replacement appropriations and statewide building access
42.5 appropriations shall be credited to a segregated account in a
42.6 special revenue fund. Money in the account is appropriated to
42.7 the commissioner to be expended for asset preservation projects
42.8 as determined by the commissioner. Money collected as rent to
42.9 recover the depreciation and interest costs of a building built
42.10 with other state dedicated funds shall be credited to the
42.11 dedicated fund which funded the original acquisition or
42.12 construction. All other money received shall be credited to the
42.13 general services revolving fund.
42.14 Sec. 56. Minnesota Statutes 1998, section 16B.31,
42.15 subdivision 2, is amended to read:
42.16 Subd. 2. [APPROPRIATIONS.] Plans must be paid for out of
42.17 money appropriated for the purpose of improving or constructing
42.18 the building. No part of the balance may be expended until the
42.19 commissioner has secured suitable plans and specifications,
42.20 prepared by a competent architect or engineer, and accompanied
42.21 by a detailed statement of the cost, quality, and description of
42.22 all material and labor required for the completion of the work.
42.23 No plan may be adopted, and no improvement made or building
42.24 constructed by the commissioner or any other agency to whom an
42.25 appropriation is made for a capital improvement, that
42.26 contemplates the expenditure for its completion of more money
42.27 than the appropriation for it, unless otherwise provided in this
42.28 section or the act making the appropriation. The
42.29 commissioner or other agency may not direct or permit any
42.30 expenditure beyond that appropriated, and any agent of the
42.31 commissioner violating this provision is guilty of a gross
42.32 misdemeanor.
42.33 Sec. 57. Minnesota Statutes 1998, section 16B.32,
42.34 subdivision 2, is amended to read:
42.35 Subd. 2. [ENERGY CONSERVATION GOALS; EFFICIENCY PROGRAM.]
42.36 (a) The commissioner of administration in consultation with the
43.1 department of public service, in cooperation with one or more
43.2 public utilities or comprehensive energy services providers, may
43.3 conduct a shared-savings program involving energy conservation
43.4 expenditures on state-owned buildings. The public utility or
43.5 energy services provider shall contract with appropriate state
43.6 agencies to implement energy efficiency improvements in the
43.7 selected buildings. A contract must require the public utility
43.8 or energy services provider to include all energy efficiency
43.9 improvements in selected buildings that are calculated to
43.10 achieve a cost payback within ten years. The contract must
43.11 require that the public utility or energy services provider be
43.12 repaid solely from energy cost savings and only to the extent of
43.13 energy cost savings. Repayments must be interest-free. The
43.14 goal of the program in this paragraph is to demonstrate that
43.15 through effective energy conservation the total energy
43.16 consumption per square foot of state-owned and wholly
43.17 state-leased buildings could be reduced by at least 25 percent
43.18 from consumption in the base year of 1990. All agencies
43.19 participating in the program must report to the commissioner of
43.20 administration their monthly energy usage, building schedules,
43.21 inventory of energy-consuming equipment, and other information
43.22 as needed by the commissioner to manage and evaluate the program.
43.23 (b) The commissioner may exclude from the program of
43.24 paragraph (a) a building in which energy conservation measures
43.25 are carried out. "Energy conservation measures" means measures
43.26 that are applied to a state building that improve energy
43.27 efficiency and have a simple return of investment in ten years
43.28 or within the remaining period of a lease, whichever time is
43.29 shorter, and involves energy conservation, conservation
43.30 facilities, renewable energy sources, improvements in operations
43.31 and maintenance efficiencies, or retrofit activities.
43.32 (c) This subdivision expires January 1, 2001.
43.33 Sec. 58. Minnesota Statutes 1998, section 16B.415, is
43.34 amended to read:
43.35 16B.415 [OPERATION OF INFORMATION SYSTEMS.]
43.36 The commissioner, through a division of technology
44.1 management, is responsible for ongoing operations of state
44.2 agency information technology activities. These include records
44.3 management, activities relating to the Government Data Practices
44.4 Act, arranging for operation of the state information
44.5 infrastructure, and activities necessary to make state
44.6 information systems year 2000 compliant.
44.7 Sec. 59. Minnesota Statutes 1998, section 16B.42,
44.8 subdivision 1, is amended to read:
44.9 Subdivision 1. [COMPOSITION.] The intergovernmental
44.10 information systems advisory council is composed of (1) two
44.11 members from each of the following groups: counties outside of
44.12 the seven-county metropolitan area, cities of the second and
44.13 third class outside the metropolitan area, cities of the second
44.14 and third class within the metropolitan area, and cities of the
44.15 fourth class; (2) one member from each of the following groups:
44.16 the metropolitan council, an outstate regional body, counties
44.17 within the metropolitan area, cities of the first class, school
44.18 districts in the metropolitan area, school districts outside the
44.19 metropolitan area, and public libraries; (3) one member each
44.20 appointed by the state departments of children, families, and
44.21 learning, human services, revenue, and economic security, the
44.22 office of strategic and long-range planning, office of
44.23 technology, administration, and the legislative auditor; (4) one
44.24 member from the office of the state auditor, appointed by the
44.25 auditor; (5) one member appointed by each of the following
44.26 organizations: League of Minnesota Cities, Association of
44.27 Minnesota Counties, Minnesota Association of Township Officers,
44.28 and Minnesota Association of School Administrators; and (6) one
44.29 member of the house of representatives appointed by the speaker
44.30 and one member of the senate appointed by the subcommittee on
44.31 committees of the committee on rules and administration. The
44.32 legislative members appointed under clause (6) are nonvoting
44.33 members. The commissioner of administration shall appoint
44.34 members under clauses (1) and (2). The terms, compensation, and
44.35 removal of the appointed members of the advisory council are as
44.36 provided in section 15.059, but the council does not expire
45.1 until June 30, 1999 2000.
45.2 Sec. 60. Minnesota Statutes 1998, section 16B.46, is
45.3 amended to read:
45.4 16B.46 [TELECOMMUNICATION; POWERS.]
45.5 The commissioner shall supervise and control all state
45.6 telecommunication facilities and services, including any
45.7 transmission, emission, or reception of signs, signals, writing,
45.8 images, and sounds or intelligence of any nature by wire, radio,
45.9 optical, or other electromagnetic systems. Nothing in this
45.10 section or section 16B.465 modifies, amends, or abridges any
45.11 powers and duties presently vested in or imposed upon the
45.12 commissioner of transportation or the commissioner of public
45.13 safety relating to telecommunications facilities or the
45.14 commissioner of transportation relating only to radio air
45.15 navigation facilities or other air navigation facilities.
45.16 Sec. 61. Minnesota Statutes 1998, section 16B.465, is
45.17 amended to read:
45.18 16B.465 [STATE INFORMATION INFRASTRUCTURE.]
45.19 Subdivision 1. [POLICY.] (a) The state through its
45.20 departments and agencies shall seek ways to meet its
45.21 telecommunications needs in a manner that will help to promote
45.22 investment and growth of the private sector information
45.23 infrastructure throughout the state.
45.24 (b) The commissioner shall ensure that telecommunications
45.25 services are acquired in a manner that:
45.26 (1) promotes the availability of technologies with
45.27 statewide high-speed or advanced telecommunications capability
45.28 for both public and private customers in a reasonable and timely
45.29 fashion;
45.30 (2) enables the cost-effective provision of
45.31 telecommunications services to the entities identified in this
45.32 section;
45.33 (3) uses standards-based open, interoperable networks to
45.34 the extent practicable;
45.35 (4) promotes fair and open competition in the delivery of
45.36 telecommunications services;
46.1 (5) allows effective state information infrastructure
46.2 network management, responsiveness, and fault protection;
46.3 (6) provides networkwide security and confidentiality as
46.4 appropriate for promoting public safety, health, and welfare;
46.5 and
46.6 (7) meets performance standards that are reasonable and
46.7 necessary.
46.8 (c) The state may purchase, own, or lease customer premises
46.9 equipment. Customer premises equipment consists of terminal and
46.10 associated equipment and inside wire located at an end user's
46.11 premises and connected with communication channels at the point
46.12 established in a building or a complex to separate customer
46.13 equipment from the network. Customer premises equipment also
46.14 includes, but is not limited to, communications devices eligible
46.15 for distribution to communications impaired persons under
46.16 section 237.51, subdivision 1.
46.17 (d) This section does not prohibit the commissioner or
46.18 other governmental entity from owning, leasing, operating, and
46.19 staffing a network operation center that allows the commissioner
46.20 to test, troubleshoot, and maintain network operations.
46.21 Subd. 1a. [CREATION.] Except as provided in subdivision 4,
46.22 the commissioner, through the state information
46.23 infrastructure provides, shall arrange for the provision of
46.24 voice, data, video, and other telecommunications transmission
46.25 services to state agencies;. The state information
46.26 infrastructure may also serve educational institutions,
46.27 including public schools as defined in section 120A.05,
46.28 subdivisions 9, 11, 13, and 17, nonpublic, church or religious
46.29 organization schools that provide instruction in compliance with
46.30 sections 120A.22, 120A.24, and 124A.41, and private colleges;
46.31 public corporations; and state political subdivisions. It is
46.32 not a telephone company for purposes of chapter 237. It The
46.33 commissioner may purchase, own, or lease any telecommunications
46.34 network facilities or equipment after first seeking bids or
46.35 proposals and having determined that the private sector cannot,
46.36 will not, or is unable to provide these services, facilities, or
47.1 equipment as bid or proposed in a reasonable or timely fashion
47.2 consistent with policy set forth in this section. The
47.3 commissioner shall not resell or sublease any services or
47.4 facilities to nonpublic entities except it may to serve private
47.5 schools and colleges. The commissioner has the responsibility
47.6 for planning, development, and operations of the state
47.7 information infrastructure in order to provide cost-effective
47.8 telecommunications transmission services to state information
47.9 infrastructure users consistent with the policy set forth in
47.10 this section.
47.11 Subd. 3. [DUTIES.] (a) The commissioner, after
47.12 consultation with the office of technology, shall:
47.13 (1) provide arrange for voice, data, video, and other
47.14 telecommunications transmission services to the state and to
47.15 political subdivisions through an account in the
47.16 intertechnologies revolving fund;
47.17 (2) manage vendor relationships, network function, and
47.18 capacity planning in order to be responsive to the needs of the
47.19 state information infrastructure users;
47.20 (3) set rates and fees for services;
47.21 (4) approve contracts for services, facilities, or
47.22 equipment relating to the system;
47.23 (5) in consultation with the office of technology, develop
47.24 the a system plan, including plans for the phasing of its
47.25 implementation and maintenance of the initial system, and the
47.26 annual program and fiscal plans for the system; and
47.27 (6) in consultation with the office of technology,
47.28 commissioner of children, families, and learning in regard to
47.29 schools, assist state agencies, political subdivisions of the
47.30 state, and higher education institutions, including private
47.31 colleges and public and private schools, to identify their
47.32 telecommunication needs, and develop a plan for interconnection
47.33 of the network with private colleges and public and private
47.34 schools in the state plans for interoperability of the network
47.35 consistent with the policies in subdivision 1, paragraphs (a)
47.36 and (b). When requested, the commissioner may also assist in
48.1 identifying, purchasing, or leasing their customer premises
48.2 equipment.
48.3 (b) The commissioner may purchase, own, or lease any
48.4 telecommunications network facilities or equipment after first
48.5 seeking bids or proposals and having determined that the private
48.6 sector cannot, will not, or is unable to provide these services,
48.7 facilities, or equipment as bid or proposed in a reasonable and
48.8 timely fashion consistent with the policy set forth in this
48.9 section.
48.10 Subd. 4. [PROGRAM PARTICIPATION.] (a) The commissioner may
48.11 require the participation of state agencies, the state board of
48.12 education, and the board of trustees of the Minnesota state
48.13 colleges and universities and may request the participation of
48.14 the board of regents of the University of Minnesota, in the
48.15 planning and implementation of the network to provide
48.16 interconnective technologies. The board of trustees of the
48.17 Minnesota state colleges and universities may opt out of
48.18 participation as a subscriber on the network, in whole or in
48.19 part, if the board is able to secure telecommunications services
48.20 from another source that ensures it will achieve the policy
48.21 objectives set forth in subdivision 1 of this section.
48.22 Subd. 4a. [ALTERNATIVE AGGREGATION.] The commissioner may,
48.23 but is not required to, approve community-based aggregation of
48.24 demand for telecommunications services for state agencies,
48.25 including Minnesota state colleges and universities. To be
48.26 considered a community-based aggregation project:
48.27 (1) the project must aggregate telecommunications demands
48.28 of state agencies with that of the private sector in a community
48.29 or a group of communities in a geographic region to the extent
48.30 permitted by law; and
48.31 (2) the aggregation must result in telecommunications
48.32 infrastructure improvements that ensure the policy set forth in
48.33 subdivision 1, paragraphs (a) and (b).
48.34 Subd. 4b. [RATES.] (a) The commissioner shall establish
48.35 reimbursement rates in cooperation with the commissioner of
48.36 finance to be billed to participating agencies and educational
49.1 institutions sufficient to cover the operating, maintenance, and
49.2 administrative costs of the system.
49.3 (b) Except as otherwise provided in subdivision 4, a direct
49.4 appropriation made to an educational institution for usage costs
49.5 associated with the state information infrastructure must only
49.6 be used by the educational institution for payment of usage
49.7 costs of the network as billed by the commissioner of
49.8 administration.
49.9 Subd. 6. [APPROPRIATION.] Money appropriated for the state
49.10 information infrastructure and fees for telecommunications
49.11 services must be deposited in an account in the
49.12 intertechnologies fund. Money in the account is appropriated
49.13 annually to the commissioner to operate telecommunications
49.14 services carry out the purposes of this section.
49.15 Subd. 7. [EXEMPTION.] The system is exempt from the
49.16 five-year limitation on contracts set by sections 16C.05,
49.17 subdivision 2, paragraph (a), clause (5), 16C.08, subdivision 3,
49.18 clause (7), and 16C.09, clause (6).
49.19 Sec. 62. [16B.616] [BLEACHER SAFETY.]
49.20 Subdivision 1. [DEFINITIONS.] (a) For purposes of this
49.21 section, the following terms have the meanings given.
49.22 (b) "Place of public accommodation" means a public or
49.23 privately owned sports or entertainment arena, gymnasium,
49.24 auditorium, stadium, hall, special event center in a public
49.25 park, or other facility for public assembly.
49.26 (c) "Bleacher" refers to any tiered or stepped seating
49.27 facility, whether temporary or permanent, used in a place of
49.28 public accommodation for the seating of its occupants.
49.29 Subd. 2. [APPLICATION.] All places of public accommodation
49.30 must comply with the provisions of this section.
49.31 Subd. 3. [SAFETY REQUIREMENTS.] In places of public
49.32 accommodation using bleacher seating, all bleachers or bleacher
49.33 open spaces over 30 inches above grade or the floor below, must
49.34 conform to the following safety requirements:
49.35 (1) the open space between bleacher footboards, seats, and
49.36 guardrails must not exceed four inches, unless approved safety
50.1 nets are installed;
50.2 (2) bleachers must have vertical perimeter guardrails with
50.3 no more than four-inch rail spacing between vertical rails or
50.4 other approved guardrails that address climbability and are
50.5 designed to prevent accidents; and
50.6 (3) the state building official shall determine whether the
50.7 safety nets and guardrail climbability meet the requirements of
50.8 the alternate design section of the State Building Code. All
50.9 new bleachers manufactured, installed, sold, or distributed
50.10 after January 1, 2001, must comply with the State Building Code
50.11 in effect and clauses (1), (2), and (3).
50.12 Subd. 4. [ENFORCEMENT.] (a) A statutory or home rule
50.13 charter city that is not covered by the code because of action
50.14 taken under section 16B.72 or 16B.73 is responsible for
50.15 enforcement in the city of the code's requirements for bleacher
50.16 safety. In all other areas where the code does not apply
50.17 because of action taken under section 16B.72 or 16B.73, the
50.18 county is responsible for enforcement of those requirements.
50.19 (b) Municipalities that have not adopted the code may
50.20 enforce the code requirements for bleacher safety by either
50.21 entering into a joint powers agreement for enforcement with
50.22 another municipality that has adopted the code or contracting
50.23 for enforcement with a qualified and certified building official
50.24 or state licensed design professional to enforce the code.
50.25 (c) Municipalities, school districts, organizations,
50.26 individuals, and other persons operating or owning places of
50.27 public accommodation with bleachers shall provide a signed
50.28 certification of compliance to the commissioner by January 1,
50.29 2001. The certification shall be prepared by a qualified and
50.30 certified building official or state licensed design
50.31 professional and shall certify that the bleachers have been
50.32 inspected and are in compliance with the requirements of this
50.33 section and are structurally sound.
50.34 Subd. 5. [NONCOMPLYING BLEACHERS PROHIBITED.] The
50.35 commissioner, in addition to other remedies provided for
50.36 violations of this chapter, shall forbid use of bleachers not in
51.1 compliance with this section.
51.2 Subd. 6. [PERIODIC INSPECTIONS.] Bleacher footboards and
51.3 guardrails must be reinspected at least every five years and a
51.4 structural inspection must be made at least every ten years.
51.5 Inspections may be completed in the same manner as provided in
51.6 subdivision 4. This section does not preclude a municipal
51.7 authority from establishing additional reinspections under the
51.8 State Building Code.
51.9 Sec. 63. Minnesota Statutes 1998, section 16B.72, is
51.10 amended to read:
51.11 16B.72 [REFERENDA ON STATE BUILDING CODE IN NONMETROPOLITAN
51.12 COUNTIES.]
51.13 Notwithstanding any other provision of law to the contrary,
51.14 a county that is not a metropolitan county as defined by section
51.15 473.121, subdivision 4, may provide, by a vote of the majority
51.16 of its electors residing outside of municipalities that have
51.17 adopted the State Building Code before January 1, 1977, that no
51.18 part of the State Building Code except the building requirements
51.19 for handicapped persons, the requirements for bleacher safety,
51.20 and the requirements for elevator safety applies within its
51.21 jurisdiction.
51.22 The county board may submit to the voters at a regular or
51.23 special election the question of adopting the building code.
51.24 The county board shall submit the question to the voters if it
51.25 receives a petition for the question signed by a number of
51.26 voters equal to at least five percent of those voting in the
51.27 last general election. The question on the ballot must be
51.28 stated substantially as follows:
51.29 "Shall the State Building Code be adopted in ..........
51.30 County?"
51.31 If the majority of the votes cast on the proposition is in
51.32 the negative, the State Building Code does not apply in the
51.33 subject county, outside home rule charter or statutory cities or
51.34 towns that adopted the building code before January 1, 1977,
51.35 except the building requirements for handicapped persons, the
51.36 requirements for bleacher safety, and the requirements for
52.1 elevator safety do apply.
52.2 Nothing in this section precludes a municipality or town
52.3 that has not adopted the State Building Code from adopting and
52.4 enforcing by ordinance or other legal means the State Building
52.5 Code within its jurisdiction.
52.6 Sec. 64. Minnesota Statutes 1998, section 16B.73, is
52.7 amended to read:
52.8 16B.73 [STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500;
52.9 LOCAL OPTION.]
52.10 The governing body of a municipality whose population is
52.11 less than 2,500 may provide that the State Building Code, except
52.12 the requirements for handicapped persons, the requirements for
52.13 bleacher safety, and the requirements for elevator safety, will
52.14 not apply within the jurisdiction of the municipality, if the
52.15 municipality is located in whole or in part within a county
52.16 exempted from its application under section 16B.72. If more
52.17 than one municipality has jurisdiction over an area, the State
52.18 Building Code continues to apply unless all municipalities
52.19 having jurisdiction over the area have provided that the State
52.20 Building Code, except the requirements for handicapped persons,
52.21 the requirements for bleacher safety, and the requirements for
52.22 elevator safety, does not apply within their respective
52.23 jurisdictions. Nothing in this section precludes a municipality
52.24 or town from adopting and enforcing by ordinance or other legal
52.25 means the State Building Code within its jurisdiction.
52.26 Sec. 65. [16C.065] [COST-BENEFIT ANALYSIS.]
52.27 (a) The commissioner or an agency official to whom the
52.28 commissioner has delegated duties under section 16C.03,
52.29 subdivision 16, may not approve a contract or purchase of goods
52.30 or services in an amount greater than $5,000,000 unless a
52.31 cost-benefit analysis has been completed and shows a positive
52.32 benefit to the public. The management analysis division must
52.33 perform or direct the performance of the analysis. A
52.34 cost-benefit analysis must be performed for a project if an
52.35 aggregation of contracts or purchases for a project exceeds
52.36 $5,000,000.
53.1 (b) All cost-benefit analysis documents under this section,
53.2 including preliminary drafts and notes, are public data.
53.3 (c) If a cost-benefit analysis does not show a positive
53.4 benefit to the public, the governor may approve a contract or
53.5 purchase of goods or services if a cost-effectiveness study had
53.6 been done that shows the proposed project is the most effective
53.7 way to provide a necessary public good.
53.8 (d) This section applies to contracts for goods or services
53.9 that are expected to have a useful life of more than three
53.10 years. This section does not apply for purchase of goods or
53.11 services for response to a natural disaster if an emergency has
53.12 been declared by the governor.
53.13 Sec. 66. Minnesota Statutes 1998, section 16C.14,
53.14 subdivision 1, is amended to read:
53.15 Subdivision 1. [CONTRACT CONDITIONS.] The commissioner may
53.16 contract to purchase by installment payments capital or other
53.17 equipment or services intended to improve the energy efficiency
53.18 of a state building or facility if:
53.19 (1) the term of the contract does not exceed ten years,
53.20 with not more than a ten-year payback beginning at the
53.21 completion of the project;
53.22 (2) the entire cost of the contract is a percentage of the
53.23 resultant savings in energy costs only. "Savings in energy cost"
53.24 means a comparison of energy cost and energy usage under the
53.25 precontract conditions, including reasonable projections of
53.26 energy cost and usage if no change is made to the precontract
53.27 conditions, against energy cost and usage with the changes made
53.28 under the contract. If it is impractical to directly measure
53.29 energy cost and/or energy usage, reasonable engineering
53.30 estimates may be substituted for measured results;
53.31 (3) the contract for purchase must be completed using a
53.32 solicitation;
53.33 (4) the commissioner has determined that the contract
53.34 vendor is a responsible vendor;
53.35 (5) the contract vendor can finance or obtain financing for
53.36 the performance of the contract without state assistance or
54.1 guarantee; and
54.2 (6) the state may unilaterally cancel the agreement if the
54.3 legislature fails to appropriate funds to continue the contract
54.4 or if the contractor at any time during the term of the contract
54.5 fails to perform its contractual obligations, including failure
54.6 to deliver or install equipment or materials, failure to replace
54.7 faulty equipment or materials in a timely fashion, and failure
54.8 to maintain the equipment as agreed in the contract.
54.9 Sec. 67. Minnesota Statutes 1998, section 16D.04,
54.10 subdivision 2, is amended to read:
54.11 Subd. 2. [AGENCY PARTICIPATION.] (a) A state agency may,
54.12 at its option, refer debts to the commissioner for collection.
54.13 The ultimate responsibility for the debt, including the
54.14 reporting of the debt to the commissioner of finance and the
54.15 decision with regard to the continuing collection and
54.16 uncollectibility of the debt, remains with the referring state
54.17 agency.
54.18 (b) When a debt owed to a state agency becomes 121 days
54.19 past due, the state agency must refer the debt to the
54.20 commissioner for collection. This requirement does not apply if
54.21 there is a dispute over the amount or validity of the debt, if
54.22 the debt is the subject of legal action or administrative
54.23 proceedings, or the agency determines that the debtor is
54.24 adhering to acceptable payment arrangements. The commissioner,
54.25 in consultation with the commissioner of finance, may provide
54.26 that certain types of debt need not be referred to the
54.27 commissioner for collection under this paragraph. Methods and
54.28 procedures for referral must follow internal guidelines prepared
54.29 by the commissioner of finance.
54.30 Sec. 68. Minnesota Statutes 1998, section 16E.01,
54.31 subdivision 1, is amended to read:
54.32 Subdivision 1. [PURPOSE.] The office of technology,
54.33 referred to in this chapter as the "office," is an agency in the
54.34 executive branch managed by an executive director appointed by
54.35 the governor under the supervision of the commissioner of
54.36 administration. The office shall provide leadership and
55.1 direction for information and communications technology policy
55.2 in Minnesota. The office shall coordinate strategic investments
55.3 in information and communications technology to encourage the
55.4 development of a technically literate society and to ensure
55.5 sufficient access to and efficient delivery of government
55.6 services.
55.7 Sec. 69. Minnesota Statutes 1998, section 16E.02, is
55.8 amended to read:
55.9 16E.02 [OFFICE OF TECHNOLOGY STRUCTURE AND PERSONNEL.]
55.10 Subdivision 1. [OFFICE MANAGEMENT AND STRUCTURE.] The
55.11 executive director commissioner of administration is the state's
55.12 chief information officer and technology advisor to the
55.13 governor. The salary of the executive director may not exceed
55.14 85 percent of the governor's salary. The executive director may
55.15 employ a deputy director, assistant directors, and other
55.16 employees that the executive director may consider necessary.
55.17 The executive director and the deputy and assistant directors
55.18 and one confidential secretary serve in the unclassified
55.19 service. The staff of the office must include individuals
55.20 knowledgeable in information and communications technology. The
55.21 executive director may appoint other personnel as necessary to
55.22 operate the office of technology in accordance with chapter 43A.
55.23 Subd. 2. [INTERGOVERNMENTAL PARTICIPATION.] The executive
55.24 director commissioner of administration or the director's
55.25 commissioner's designee shall serve as a member of the Minnesota
55.26 education telecommunications council, the geographic information
55.27 systems council, the library planning task force, or their
55.28 respective successor organizations, and as a member of Minnesota
55.29 Technology, Inc., the Minnesota health data institute as a
55.30 nonvoting member, and the Minnesota world trade center
55.31 corporation.
55.32 Sec. 70. Minnesota Statutes 1998, section 16E.08, is
55.33 amended to read:
55.34 16E.08 [BUSINESS LICENSE INFORMATION.]
55.35 The office shall coordinate the design, establishment,
55.36 implementation, and maintenance of an electronic system to allow
56.1 the public to retrieve by computer information prepared by the
56.2 department of trade and economic development bureau of business
56.3 licenses on licenses and their requirements. The office shall
56.4 establish the format and standards for retrieval consistent with
56.5 state information and data interchange policies. The system
56.6 must also be designed to allow the public to apply for and
56.7 obtain business licenses and permits on line. The office shall
56.8 integrate the system with the North Star online information
56.9 system. The office shall work in collaboration with the
56.10 department of trade and economic development bureau of business
56.11 licenses. The bureau is responsible for creating and operating
56.12 the system.
56.13 Sec. 71. Minnesota Statutes 1998, section 43A.047, is
56.14 amended to read:
56.15 43A.047 [CONTRACTED SERVICES.]
56.16 (a) Executive agencies, including the Minnesota state
56.17 colleges and universities system, must demonstrate that they
56.18 cannot use available staff before hiring outside consultants or
56.19 services. If use of consultants is necessary, agencies are
56.20 encouraged to negotiate contracts that will involve permanent
56.21 staff, so as to upgrade and maximize training of state employees.
56.22 (b) If agencies reduce operating budgets, agencies must
56.23 give priority to reducing spending on professional and technical
56.24 service contracts before laying off permanent employees.
56.25 (c) Agencies must report to the senate finance and house
56.26 ways and means committees commissioner of administration by
56.27 August November 1 each year on implementation of this section
56.28 during the previous fiscal year. The reports must include
56.29 amounts spent on professional and technical service contracts
56.30 during the previous fiscal year. The commissioner shall compile
56.31 the reports into a uniform format and forward them to the chairs
56.32 of the senate finance and house ways and means committees by
56.33 November 15.
56.34 Sec. 72. Minnesota Statutes 1998, section 43A.22, is
56.35 amended to read:
56.36 43A.22 [BENEFITS; INTENT.]
57.1 (a) It is the intent of the state to provide eligible
57.2 employees and other eligible persons with life insurance and
57.3 hospital, medical, and dental benefits coverage through provider
57.4 organizations, hereafter referred to as "carriers," authorized
57.5 to do business in the state.
57.6 (b) The commissioner may self-insure any hospital and
57.7 medical plan offered under sections 43A.22 to 43A.31 to promote
57.8 reasonably stable and predictable premiums for hospital and
57.9 medical benefits paid by the state and its employees and to
57.10 promote affordable, ongoing relationships between employees and
57.11 dependents and their medical providers. The commissioner shall
57.12 consult with the commissioners of commerce and health and human
57.13 services regarding the development and reporting of quality of
57.14 care measures.
57.15 Sec. 73. Minnesota Statutes 1998, section 43A.23,
57.16 subdivision 1, is amended to read:
57.17 Subdivision 1. [GENERAL.] The commissioner is authorized
57.18 to request bids from carriers or to negotiate with carriers and
57.19 to enter into contracts with carriers which in the judgment of
57.20 the commissioner are best qualified to underwrite and service
57.21 the benefit plans. Contracts entered into with carriers are not
57.22 subject to the requirements of sections 16C.16 to 16C.19. The
57.23 commissioner may negotiate premium rates and coverage provisions
57.24 with all carriers licensed under chapters 62A, 62C, and 62D.
57.25 The commissioner may also negotiate reasonable restrictions to
57.26 be applied to all carriers under chapters 62A, 62C, and 62D.
57.27 Contracts to underwrite the benefit plans must be bid or
57.28 negotiated separately from contracts to service the benefit
57.29 plans, which may be awarded only on the basis of competitive
57.30 bids. The commissioner shall consider the cost of the plans,
57.31 conversion options relating to the contracts, service
57.32 capabilities, character, financial position, and reputation of
57.33 the carriers, and any other factors which the commissioner deems
57.34 appropriate. Each benefit contract must be for a uniform term
57.35 of at least one year, but may be made automatically renewable
57.36 from term to term in the absence of notice of termination by
58.1 either party. The commissioner shall, to the extent feasible,
58.2 make hospital and medical benefits available from at least one
58.3 carrier licensed to do business pursuant to each of chapters
58.4 62A, 62C, and 62D. The commissioner need not provide health
58.5 maintenance organization services to an employee who resides in
58.6 an area which is not served by a licensed health maintenance
58.7 organization. The commissioner may refuse to allow a health
58.8 maintenance organization to continue as a carrier. The
58.9 commissioner may elect not to offer all three types of carriers
58.10 if there are no bids or no acceptable bids by that type of
58.11 carrier or if the offering of additional carriers would result
58.12 in substantial additional administrative costs. A carrier
58.13 licensed under chapter 62A is exempt from the tax imposed by
58.14 section 60A.15 on premiums paid to it by the state.
58.15 All self-insured hospital and medical service products must
58.16 comply with coverage mandates, data reporting, and consumer
58.17 protection requirements applicable to the licensed carrier
58.18 administering the product, had the product been insured,
58.19 including chapters 62J, 62M, and 62Q. Any self-insured products
58.20 that limit coverage to a network of providers or provide
58.21 different levels of coverage between network and nonnetwork
58.22 providers shall comply with section 62D.123 and geographic
58.23 access standards for health maintenance organizations adopted by
58.24 the commissioner of health in rule under chapter 62D.
58.25 Sec. 74. Minnesota Statutes 1998, section 43A.23,
58.26 subdivision 2, is amended to read:
58.27 Subd. 2. [CONTRACT TO CONTAIN STATEMENT OF BENEFITS.] (a)
58.28 Each contract under sections 43A.22 to 43A.30 shall contain a
58.29 detailed statement of benefits offered and shall include any
58.30 maximums, limitations, exclusions, and other definitions of
58.31 benefits the commissioner deems necessary or desirable. Each
58.32 hospital and medical benefits contract shall provide benefits at
58.33 least equal to those required by section 62E.06, subdivision 2.
58.34 (b) All summaries of benefits describing the hospital and
58.35 medical service benefits offered to state employees must comply
58.36 with laws and rules for content and clarity applicable to the
59.1 licensed carrier administering the product. Referral procedures
59.2 must be clearly described. The commissioners of commerce and
59.3 health, as appropriate, shall review the summaries of benefits,
59.4 whether written or electronic, and advise the commissioner of
59.5 employee relations on any changes needed to ensure compliance.
59.6 Sec. 75. Minnesota Statutes 1998, section 43A.30, is
59.7 amended by adding a subdivision to read:
59.8 Subd. 6. [CONTINGENCY RESERVE.] The commissioner shall
59.9 maintain a contingency reserve within the employee insurance
59.10 trust fund. The reserve must be used to increase the controls
59.11 over medical plan provisions and insurance costs for the state's
59.12 employee populations. The reserve consists of appropriations
59.13 from the general fund, receipts from billings to agencies, and
59.14 credited investment gains and losses attributable to balances in
59.15 the account. The state board of investment shall invest the
59.16 assets of the account according to section 11A.24.
59.17 Sec. 76. Minnesota Statutes 1998, section 43A.31,
59.18 subdivision 2, is amended to read:
59.19 Subd. 2. [COMMISSIONER REPORTS.] The commissioner shall
59.20 transmit a report each biennium to the legislative commission on
59.21 employee relations concerning the operation of sections 43A.22
59.22 to 43A.30, including a study of local and statewide market
59.23 trends regarding provider concentration, costs, and other
59.24 factors as they may relate to the state's health benefits
59.25 purchasing strategy. The commissioner shall consult with the
59.26 commissioners of commerce and health in the conduct of this
59.27 study. The commissioner shall also report the number, type, and
59.28 disposition of complaints relating to the insurance programs
59.29 offered by the commissioner.
59.30 Sec. 77. Minnesota Statutes 1998, section 43A.31, is
59.31 amended by adding a subdivision to read:
59.32 Subd. 5. [CUSTOMER ASSISTANCE.] The commissioner shall
59.33 employ staff for the purposes of assisting state employees and
59.34 their dependents in:
59.35 (1) understanding their benefits and coverage levels;
59.36 (2) obtaining information and responses to questions
60.1 regarding issues of coverage, benefits, and service from
60.2 carriers and providers; and
60.3 (3) making use of all grievance, appeals, and complaint
60.4 resolution processes provided by law or contract.
60.5 Sec. 78. [43A.318] [PUBLIC EMPLOYEES GROUP LONG-TERM CARE
60.6 INSURANCE PROGRAM.]
60.7 Subdivision 1. [DEFINITIONS.] (a) [SCOPE.] For the
60.8 purposes of this section, the terms defined have the meaning
60.9 given them.
60.10 (b) [ADVISORY COMMITTEE; COMMITTEE.] "Advisory committee"
60.11 or "committee" means the committee created under subdivision 3.
60.12 (c) [COMMITTEE MEMBER; MEMBER.] "Committee member" or
60.13 "member" means a person serving on the advisory committee
60.14 created under subdivision 3.
60.15 (d) [ELIGIBLE PERSON.] "Eligible person" means:
60.16 (1) an active member of a public pension plan of the state;
60.17 (2) an employee or elected official of the state who is not
60.18 eligible for participation in a public employee pension plan of
60.19 the state; or
60.20 (3) a spouse or parent of a person described in clause (1)
60.21 or (2), regardless of the enrollment status in the program of
60.22 the person described in clause (1) or (2).
60.23 (e) [PROGRAM.] "Program" means the statewide public
60.24 employees long-term care insurance program created under
60.25 subdivision 2.
60.26 (f) [PUBLIC EMPLOYEE PENSION PLAN.] "Public employee
60.27 pension plan" means any Minnesota public pension plan or fund
60.28 that provides pension or retirement coverage for state employees.
60.29 (g) [QUALIFIED VENDOR.] "Qualified vendor" means an entity
60.30 licensed or authorized to underwrite, provide, or administer
60.31 group long-term care insurance benefits in this state.
60.32 Subd. 2. [PROGRAM CREATION; GENERAL PROVISIONS.] (a) The
60.33 commissioner may administer a program to make long-term care
60.34 coverage available to eligible persons. The commissioner may
60.35 determine the program's funding arrangements, request bids from
60.36 qualified vendors, and negotiate and enter into contracts with
61.1 qualified vendors. Contracts are not subject to the
61.2 requirements of section 16C.16 or 16C.19. Contracts must be for
61.3 a uniform term of at least one year, but may be made
61.4 automatically renewable from term to term in the absence of
61.5 notice of termination by either party. The program may not be
61.6 self-insured until the commissioner has completed an actuarial
61.7 study of the program and reported the results of the study to
61.8 the legislature and self-insurance has been specifically
61.9 authorized by law.
61.10 (b) The program may provide coverage for home, community,
61.11 and institutional long-term care and any other benefits as
61.12 determined by the commissioner. Coverage is optional. The
61.13 enrolled eligible person must pay the full cost of the coverage.
61.14 (c) The commissioner shall promote activities that attempt
61.15 to raise awareness of the need for long-term care insurance
61.16 among residents of the state and encourage the increased
61.17 prevalence of long-term care coverage. These activities must
61.18 include the sharing of knowledge gained in the development of
61.19 the program.
61.20 (d) The commissioner may employ and contract with persons
61.21 and other entities to perform the duties under this section and
61.22 may determine their duties and compensation consistent with this
61.23 chapter.
61.24 (e) The benefits provided under this section are not terms
61.25 and conditions of employment as defined under section 179A.03,
61.26 subdivision 19, and are not subject to collective bargaining.
61.27 (f) The commissioner shall establish underwriting criteria
61.28 for entry of all eligible persons into the program. Eligible
61.29 persons who would be immediately eligible for benefits may not
61.30 enroll.
61.31 (g) Eligible persons who meet underwriting criteria may
61.32 enroll in the program upon hiring and at other times established
61.33 by the commissioner.
61.34 (h) An eligible person enrolled in the program may continue
61.35 to participate in the program even if an event, such as
61.36 termination of employment, changes the person's employment
62.1 status.
62.2 (i) Participating public employee pension plans and public
62.3 employers may provide automatic pension or payroll deduction for
62.4 payment of long-term care insurance premiums to qualified
62.5 vendors contracted with under this section.
62.6 (j) The premium charged to program enrollees must include
62.7 an administrative fee to cover all program expenses incurred in
62.8 addition to the cost of coverage. All fees collected are
62.9 appropriated to the commissioner for the purpose of
62.10 administrating the program.
62.11 Subd. 3. [ADVISORY COMMITTEE.] (a) The committee consists
62.12 of:
62.13 (1) the executive directors or designees of the Minnesota
62.14 state retirement system, the public employees retirement
62.15 association, and the teachers retirement association;
62.16 (2) one member of the investment advisory committee of the
62.17 state board of investment provided under section 11A.08
62.18 appointed by the board;
62.19 (3) one staff member of the department of human services
62.20 appointed by the commissioner of human services;
62.21 (4) one staff member of the department of commerce
62.22 appointed by the commissioner of commerce;
62.23 (5) one member of the medical community with clinical
62.24 knowledge of long-term care appointed by the commissioner of
62.25 employee relations; and
62.26 (6) six members representing the interests of eligible
62.27 persons, including exclusive representatives of employees as
62.28 defined by section 179A.03, subdivision 8, and unrepresented
62.29 employees appointed by the commissioner of employee relations.
62.30 (b) Appointment to and removal from the committee must be
62.31 in the manner provided in section 15.059.
62.32 (c) The members of the committee described in paragraph
62.33 (a), clauses (1) to (5), serve without term limits. The terms
62.34 of members described in paragraph (a), clause (6), are governed
62.35 by section 15.059, subdivision 2.
62.36 (d) Members serve without compensation, but are eligible
63.1 for reimbursement of expenses in the same manner and amount as
63.2 authorized under section 43A.18, subdivision 2.
63.3 (e) The committee shall advise the commissioner on program
63.4 issues, including, but not limited to, benefits, coverage,
63.5 funding, eligibility, enrollment, underwriting, and marketing.
63.6 Subd. 4. [LONG-TERM CARE INSURANCE TRUST FUND.] (a) The
63.7 long-term care insurance trust fund in the state treasury
63.8 consists of deposits of the premiums received from persons
63.9 enrolled in the program. All money in the fund is appropriated
63.10 to the commissioner to pay premiums, claims, refunds,
63.11 administrative costs, and other related service costs. The
63.12 commissioner shall reserve an amount of money sufficient to
63.13 cover the actuarially estimated costs of claims incurred but
63.14 unpaid. The trust fund must be used solely for the purpose of
63.15 the program.
63.16 (b) The state board of investment shall invest the money in
63.17 the fund according to section 11A.24. Investment income and
63.18 losses attributable to the fund must be credited to or deducted
63.19 from the fund.
63.20 Subd. 5. [PRIVATE SOURCES.] This section does not prohibit
63.21 or limit individuals or local governments from purchasing
63.22 long-term care insurance through other private sources.
63.23 Sec. 79. Minnesota Statutes 1998, section 128C.02, is
63.24 amended by adding a subdivision to read:
63.25 Subd. 3a. [PARTICIPATION IN EXHIBITIONS.] Minnesota
63.26 amateur sports commission exhibitions in which high school
63.27 students participate individually or as members of a team do not
63.28 qualify as games, contests, or other extracurricular activities
63.29 for state high school league purposes under this chapter.
63.30 Sec. 80. Minnesota Statutes 1998, section 138.17,
63.31 subdivision 7, is amended to read:
63.32 Subd. 7. [RECORDS MANAGEMENT PROGRAM.] A records
63.33 management program for the application of efficient and
63.34 economical management methods to the creation, utilization,
63.35 maintenance, retention, preservation, and disposal of official
63.36 records shall be administered by the commissioner of
64.1 administration with assistance from the director of the
64.2 historical society. The state records center which stores and
64.3 services state records not in state archives shall be
64.4 administered by the commissioner of administration. The
64.5 commissioner of administration is empowered to (1) establish
64.6 standards, procedures, and techniques for effective management
64.7 of government records, (2) make continuing surveys of paper work
64.8 operations, and (3) recommend improvements in current records
64.9 management practices including the use of space, equipment, and
64.10 supplies employed in creating, maintaining, preserving and
64.11 disposing of government records. It shall be the duty of the
64.12 head of each state agency and the governing body of each county,
64.13 municipality, and other subdivision of government to cooperate
64.14 with the commissioner in conducting surveys and to establish and
64.15 maintain an active, continuing program for the economical and
64.16 efficient management of the records of each agency, county,
64.17 municipality, or other subdivision of government. When
64.18 requested by the commissioner, public officials shall assist in
64.19 the preparation of an inclusive inventory of records in their
64.20 custody, to which shall be attached a schedule, approved by the
64.21 head of the governmental unit or agency having custody of the
64.22 records and the commissioner, establishing a time period for the
64.23 retention or disposal of each series of records. When the
64.24 schedule is unanimously approved by the records disposition
64.25 panel, the head of the governmental unit or agency having
64.26 custody of the records may dispose of the type of records listed
64.27 in the schedule at a time and in a manner prescribed in the
64.28 schedule for particular records which were created after the
64.29 approval. A list of records disposed of pursuant to this
64.30 subdivision shall be forwarded to the commissioner and the
64.31 archivist by the head of the governmental unit or agency. The
64.32 archivist shall maintain a list of all records destroyed.
64.33 Sec. 81. Minnesota Statutes 1998, section 138.17,
64.34 subdivision 8, is amended to read:
64.35 Subd. 8. [EMERGENCY RECORDS PRESERVATION.] In light of the
64.36 danger of nuclear or natural disaster, the commissioner of
65.1 administration, with the assistance of the director of the
65.2 historical society, shall establish and maintain a program for
65.3 the selection and preservation of public records considered
65.4 essential to the operation of government and to the protection
65.5 of the rights and interests of persons, and shall make or cause
65.6 to be made preservation duplicates or designate as preservation
65.7 duplicates existing copies of such essential public records.
65.8 Preservation duplicates shall be durable, accurate, complete,
65.9 and clear, and such duplicates reproduced by photographic or
65.10 other process which accurately reproduces and forms a durable
65.11 medium for so reproducing the original shall have the same force
65.12 and effect for all purposes as the original record whether the
65.13 original record is in existence or not. A transcript,
65.14 exemplification, or certified copy of such preservation
65.15 duplicate shall be deemed for all purposes to be a transcript,
65.16 exemplification, or certified copy of the original record. Such
65.17 preservation duplicates shall be preserved in the place and
65.18 manner of safekeeping prescribed by the commissioner.
65.19 Every county, municipality, or other subdivision of
65.20 government may institute a program for the preservation of
65.21 necessary documents essential to the continuity of government.
65.22 Such a program shall first be submitted to the commissioner for
65.23 approval or disapproval and no such program shall be instituted
65.24 until such approval is obtained.
65.25 Sec. 82. Minnesota Statutes 1998, section 192.49,
65.26 subdivision 3, is amended to read:
65.27 Subd. 3. [ALLOWANCES FOR MILITARY EXPENSE.] (a) Allowances
65.28 for the necessary military expenses of all organizations, units,
65.29 or detachments of the military forces, including clerk hire,
65.30 office supplies, postage, and other actual outlay, shall may be
65.31 paid by the adjutant general out of the funds appropriated for
65.32 the maintenance of the military forces, such. These allowances
65.33 annually may not to exceed:
65.34 (1) for the state headquarters and for the division
65.35 headquarters when located in this state $2,000 $2,500 each;
65.36 (2) $3,000 a year for the commanding general of troops;
66.1 (3) for any other organization commanded by a general
66.2 officer $1,000 plus $100 for each immediately and directly
66.3 subordinate organization or unit $2,200;
66.4 (4) for any brigade, group, battalion, squadron, or
66.5 equivalent organization $200 $500 plus $100 for each immediately
66.6 and directly subordinate organization or unit; and $300
66.7 (5) $600 for incidental expenses of each company, battery,
66.8 or detachment; and at the time of the annual encampment or
66.9 maneuvers, for each division or camp headquarters mess $200; for
66.10 each officers' mess of a regiment, group, or higher headquarters
66.11 $200; and for the officers' mess of each battalion or equivalent
66.12 headquarters $100.
66.13 (b) Allowances authorized under this section shall be
66.14 expended and accounted for as prescribed by the
66.15 commander-in-chief in orders or rules adjutant general.
66.16 Sec. 83. Minnesota Statutes 1998, section 197.79,
66.17 subdivision 10, is amended to read:
66.18 Subd. 10. [DEADLINE FOR APPLICATIONS.] The application
66.19 period for the bonus program established in this section shall
66.20 be November 1, 1997, to June 30, 1999 2001. The department may
66.21 not receive or accept new applications after June 30, 1999 2001.
66.22 Sec. 84. Minnesota Statutes 1998, section 202A.18, is
66.23 amended by adding a subdivision to read:
66.24 Subd. 2a. [PREFERENCE BALLOT.] Prior to the opening of
66.25 nominations for the election of permanent offices and delegates,
66.26 a ballot must be distributed to permit caucus participants to
66.27 indicate their preference for the offices of president of the
66.28 United States or governor. The results of preference voting
66.29 must be reported to the secretary of state immediately upon
66.30 conclusion of the voting, in the manner provided by the
66.31 secretary of state. The secretary of state shall provide the
66.32 appropriate forms to the party for reporting the results.
66.33 Sec. 85. Minnesota Statutes 1998, section 202A.20,
66.34 subdivision 2, is amended to read:
66.35 Subd. 2. [REPORTING CAUCUS RESULTS.] The secretary of
66.36 state may provide a method for the timely reporting of caucus
67.1 results to the public shall promptly report to the public the
67.2 results of preference balloting at the precinct caucuses.
67.3 Sec. 86. Minnesota Statutes 1998, section 204B.25,
67.4 subdivision 2, is amended to read:
67.5 Subd. 2. [RULES OF SECRETARY OF STATE.] The secretary of
67.6 state shall adopt rules establishing a program programs for the
67.7 training of county auditors, local election officials, and
67.8 election judges by county auditors as required by this section.
67.9 Sec. 87. Minnesota Statutes 1998, section 204B.25, is
67.10 amended by adding a subdivision to read:
67.11 Subd. 4. [TRAINING FOR LOCAL ELECTION OFFICIALS.] At least
67.12 once every two years, the county auditor shall conduct training
67.13 sessions for the municipal and school district clerks in the
67.14 county. The training sessions must be conducted in the manner
67.15 provided by the secretary of state. No local election official
67.16 may administer an election without receiving training from the
67.17 county auditor.
67.18 Sec. 88. Minnesota Statutes 1998, section 204B.27, is
67.19 amended by adding a subdivision to read:
67.20 Subd. 10. [TRAINING FOR COUNTY AUDITORS; TRAINING
67.21 MATERIALS.] The secretary of state shall develop a training
67.22 program in election administration for county auditors and shall
67.23 certify each county auditor who successfully completes the
67.24 training program. The secretary of state shall provide each
67.25 county auditor with materials for use in training local election
67.26 officials and election judges.
67.27 Sec. 89. Minnesota Statutes 1998, section 204B.28,
67.28 subdivision 1, is amended to read:
67.29 Subdivision 1. [TRAINING PROGRAM FOR MEETING WITH ELECTION
67.30 OFFICIALS.] At least 12 weeks before each state primary
67.31 regularly scheduled general election, each county auditor shall
67.32 conduct a training program for meeting with local election
67.33 officials to review the procedures for the election. The county
67.34 auditor may require the municipal clerks and the chairs of the
67.35 election boards in the county to meet for this training program
67.36 before the election at a time and place set by the county
68.1 auditor. The training program shall include instruction in
68.2 election procedures and the duties of municipal clerks and
68.3 election judges. The chairs of the election boards shall be
68.4 compensated by the municipalities for the incidental expenses
68.5 incurred by them to attend a training program attend this
68.6 meeting.
68.7 Sec. 90. Minnesota Statutes 1998, section 240A.09, is
68.8 amended to read:
68.9 240A.09 [PLAN DEVELOPMENT; CRITERIA.]
68.10 The Minnesota amateur sports commission shall develop a
68.11 plan to promote the development of proposals for new statewide
68.12 public ice facilities including proposals for ice centers and
68.13 matching grants based on the criteria in this section.
68.14 (a) For ice center proposals, the commission will give
68.15 priority to proposals that come from more than one local
68.16 government unit. Institutions of higher education are not
68.17 eligible to receive a grant.
68.18 (b) In the metropolitan area as defined in section 473.121,
68.19 subdivision 2, the commission is encouraged to give priority to
68.20 the following proposals:
68.21 (1) proposals for construction of two or more ice sheets in
68.22 a single new facility;
68.23 (2) proposals for construction of an additional sheet of
68.24 ice at an existing ice center;
68.25 (3) proposals for construction of a new, single sheet of
68.26 ice as part of a sports complex with multiple sports facilities;
68.27 and
68.28 (4) proposals for construction of a new, single sheet of
68.29 ice that will be expanded to a two-sheet facility in the future.
68.30 (c) The commission shall administer a site selection
68.31 process for the ice centers. The commission shall invite
68.32 proposals from cities or counties or consortia of cities. A
68.33 proposal for an ice center must include matching contributions
68.34 including in-kind contributions of land, access roadways and
68.35 access roadway improvements, and necessary utility services,
68.36 landscaping, and parking.
69.1 (d) Proposals for ice centers and matching grants must
69.2 provide for meeting the demand for ice time for female groups by
69.3 offering up to 50 percent of prime ice time, as needed, to
69.4 female groups. For purposes of this section, prime ice time
69.5 means the hours of 4:00 p.m. to 10:00 p.m. Monday to Friday and
69.6 9:00 a.m. to 8:00 p.m. on Saturdays and Sundays.
69.7 (e) The location for all proposed facilities must be in
69.8 areas of maximum demonstrated interest and must maximize
69.9 accessibility to an arterial highway.
69.10 (f) To the extent possible, all proposed facilities must be
69.11 dispersed equitably, must be located to maximize potential for
69.12 full utilization and profitable operation, and must accommodate
69.13 noncompetitive family and community skating for all ages.
69.14 (g) The commission may also use the funds money to upgrade
69.15 current facilities, purchase girls' ice time, or conduct amateur
69.16 women's hockey and other ice sport tournaments.
69.17 (h) To the extent possible, 50 percent of all grants must
69.18 be awarded to communities in greater Minnesota.
69.19 (i) To the extent possible, technical assistance shall be
69.20 provided to Minnesota communities by the commission on ice arena
69.21 planning, design, and operation, including the marketing of ice
69.22 time.
69.23 (j) A grant for new facilities may not exceed $250,000.
69.24 (k) The commission may use funds make grants for
69.25 rehabilitation and renovation grants. A rehabilitation or
69.26 renovation grant may not exceed $100,000. Priority must be
69.27 given to grant applications for indoor air quality improvements,
69.28 including zero emission ice resurfacing equipment.
69.29 (k) (l) Grant funds money may be used for ice centers
69.30 designed for sports other than hockey.
69.31 (m) Grant money may be used to upgrade existing facilities
69.32 to comply with the bleacher safety requirements of section
69.33 16B.616.
69.34 Sec. 91. [240A.12] [GRANTS FOR ATHLETIC FACILITIES AND
69.35 PROGRAMS.]
69.36 Subdivision 1. [GRANTS.] The commission may make matching
70.1 grants to political subdivisions of the state:
70.2 (1) to acquire and better public land and buildings and
70.3 other public improvements of a capital nature to be used for
70.4 community facilities and related infrastructure primarily for
70.5 amateur athletics;
70.6 (2) to renovate existing facilities used primarily for
70.7 amateur athletics;
70.8 (3) to support recreational programs for children and
70.9 adolescents; and
70.10 (4) to support special events involving amateur athletics.
70.11 Subd. 2. [GEOGRAPHIC DISPERSAL.] To the extent possible,
70.12 over time, the commission shall disperse grants equally among
70.13 the state's congressional districts and award one-half of all
70.14 grants to communities or institutions outside the metropolitan
70.15 area as defined in section 473.121, subdivision 2.
70.16 Subd. 3. [MAXIMUM GRANTS AND MATCHING CONTRIBUTIONS.] Each
70.17 grant under this section must be matched by recipient
70.18 communities or institutions in accordance with this
70.19 subdivision. A matching contribution may include an in-kind
70.20 contribution of land, access roadways and access roadway
70.21 improvements, and necessary utility services, landscaping, and
70.22 parking. A grant for new facilities may not exceed $100,000 and
70.23 must be matched by the recipient at a rate of four times the
70.24 amount of the grant. A grant for renovation of existing
70.25 facilities may not exceed $50,000 and must be matched equally by
70.26 the recipient. A grant for recreational programs may not exceed
70.27 $20,000 and must be matched equally by the recipient. A grant
70.28 for a special event or program may not exceed $100,000 and must
70.29 be matched equally by the recipient.
70.30 Sec. 92. Minnesota Statutes 1998, section 297F.08, is
70.31 amended by adding a subdivision to read:
70.32 Subd. 8a. [REVOLVING ACCOUNT.] A heat-applied cigarette
70.33 tax stamp revolving account is created. The commissioner shall
70.34 use the amounts in this fund to purchase heat-applied stamps for
70.35 resale. The commissioner shall charge distributors for the tax
70.36 value of the stamps they receive along with the commissioner's
71.1 cost to purchase the stamps and ship them to the distributor.
71.2 The stamp purchase and shipping costs recovered must be credited
71.3 to the revolving account and are appropriated to the
71.4 commissioner for the further purchases and shipping costs. The
71.5 revolving account is initially funded by a $40,000 transfer from
71.6 the department of revenue.
71.7 Sec. 93. [325F.015] [UNSAFE BLEACHERS.]
71.8 A person shall not manufacture, sell, distribute, or
71.9 install bleachers within this state that do not comply with
71.10 section 16B.616. For purposes of this section, "person" means
71.11 an individual, public or private entity, however organized, or a
71.12 unit of state or local government.
71.13 Sec. 94. Minnesota Statutes 1998, section 325K.03, is
71.14 amended by adding a subdivision to read:
71.15 Subd. 4. [CERTIFICATION PRACTICE STATEMENT.] The secretary
71.16 in the role of licensed certification authority may adopt and
71.17 amend a certification practice statement without using the
71.18 provisions of chapter 14.
71.19 Sec. 95. Minnesota Statutes 1998, section 325K.04, is
71.20 amended to read:
71.21 325K.04 [FEES.]
71.22 (a) The secretary may adopt rules establishing shall set
71.23 reasonable fees for all services rendered under this chapter, in
71.24 amounts sufficient to compensate for the costs of all
71.25 services provided by the secretary under this chapter. All fees
71.26 recovered by the secretary must be deposited in the state
71.27 general fund. Until July 1, 2001, the fees need not be set by
71.28 rule.
71.29 (b) The digital signature account is created in the special
71.30 revenue fund. All fees recovered by the secretary must be
71.31 deposited in the digital signature account. Money in the
71.32 digital signature account is appropriated to the secretary to
71.33 pay the costs of all services provided by the secretary.
71.34 Sec. 96. Minnesota Statutes 1998, section 325K.05,
71.35 subdivision 1, is amended to read:
71.36 Subdivision 1. [LICENSE CONDITIONS.] To obtain or retain a
72.1 license, a certification authority must:
72.2 (1) be the subscriber of a certificate published in a
72.3 recognized repository;
72.4 (2) employ as operative personnel only persons who have not
72.5 been convicted within the past 15 years of a felony or a crime
72.6 involving fraud, false statement, or deception;
72.7 (3) employ as operative personnel only persons who have
72.8 demonstrated knowledge and proficiency in following the
72.9 requirements of this chapter;
72.10 (4) file with the secretary a suitable guaranty, unless the
72.11 certification authority is a department, office, or official of
72.12 a federal, state, city, or county governmental entity that is
72.13 self-insured;
72.14 (5) use a trustworthy system, including a secure means for
72.15 limiting access to its private key;
72.16 (6) present proof to the secretary of having working
72.17 capital reasonably sufficient, according to rules adopted by the
72.18 secretary, to enable the applicant to conduct business as a
72.19 certification authority;
72.20 (7) register its business organization with the secretary,
72.21 unless the applicant is a governmental entity or is otherwise
72.22 prohibited from registering; and
72.23 (8) require a potential subscriber to appear in person
72.24 before the certification authority, or an agent of the
72.25 certification authority, to prove the subscriber's identity
72.26 before a certificate is issued to the subscriber; and
72.27 (9) comply with all further licensing requirements
72.28 established by rule by the secretary.
72.29 The secretary may, by rule, establish standards by which the
72.30 in-person registration required in clause (8) may be waived.
72.31 Sec. 97. Minnesota Statutes 1998, section 325K.09, is
72.32 amended by adding a subdivision to read:
72.33 Subd. 3. [ACCEPTANCE.] A recipient who accepts a digital
72.34 signature when the certificate was issued by a licensed
72.35 certification authority becomes a party to and accepts all of
72.36 the terms and conditions of the licensed certification
73.1 authority's certification practice statement.
73.2 Sec. 98. Minnesota Statutes 1998, section 325K.10,
73.3 subdivision 5, is amended to read:
73.4 Subd. 5. [ORDER OF SUSPENSION OR REVOCATION.] The
73.5 secretary may order the licensed certification authority to
73.6 suspend or revoke a certificate that the certification authority
73.7 issued if, after giving any required notice and opportunity for
73.8 the certification authority and subscriber to be heard in
73.9 accordance with the Administrative Procedure Act, chapter 14,
73.10 the secretary determines that:
73.11 (1) the certificate was issued without substantial
73.12 compliance with this section; and
73.13 (2) the noncompliance poses a significant risk to persons
73.14 reasonably relying on the certificate.
73.15 Upon determining that an emergency requires an immediate
73.16 remedy, and in accordance with the Administrative Procedure Act,
73.17 chapter 14, the secretary may issue an order suspending a
73.18 certificate for a period not to exceed 48 96 hours.
73.19 Sec. 99. Minnesota Statutes 1998, section 325K.14, is
73.20 amended by adding a subdivision to read:
73.21 Subd. 9. [ADMINISTRATIVE PROCEDURES.] For purposes of this
73.22 section, the provisions of chapter 14 do not apply when the
73.23 secretary acts as a licensed certification authority for
73.24 governmental entities.
73.25 Sec. 100. Minnesota Statutes 1998, section 325K.15, is
73.26 amended by adding a subdivision to read:
73.27 Subd. 8. [ADMINISTRATIVE PROCEDURES.] For purposes of this
73.28 section, the provisions of chapter 14 do not apply when the
73.29 secretary acts as a licensed certification authority for
73.30 governmental entities.
73.31 Sec. 101. Minnesota Statutes 1998, section 349.163,
73.32 subdivision 4, is amended to read:
73.33 Subd. 4. [INSPECTION OF MANUFACTURERS.] Employees of the
73.34 board and the division of alcohol and gambling enforcement may
73.35 inspect the books, records, inventory, and business premises of
73.36 a licensed manufacturer without notice during the normal
74.1 business hours of the manufacturer. The board may charge a
74.2 manufacturer for the actual cost of conducting scheduled or
74.3 unscheduled inspections of the manufacturer's facilities, where
74.4 the amount charged to the manufacturer for such inspections in
74.5 any year does not exceed $7,500. The board shall deposit in a
74.6 separate account in the state treasury all money received as
74.7 reimbursement for the costs of inspections. Until July 1, 1999,
74.8 Money in the account is appropriated to the board to pay the
74.9 costs of the inspections.
74.10 Sec. 102. Laws 1993, chapter 192, section 16, is amended
74.11 to read:
74.12 Sec. 16. CAPITOL AREA ARCHITECTURAL
74.13 AND PLANNING BOARD 326,000 334,000
74.14 Any unencumbered balance of the
74.15 appropriation for the first year does
74.16 not cancel and is available for use in
74.17 the second year.
74.18 $75,000 the first year and $82,000 the
74.19 second year are to create a memorial to
74.20 Hubert H. Humphrey in the capitol
74.21 area. Of these amounts, up to $75,000
74.22 may be used by the board to select an
74.23 appropriate site for the memorial.
74.24 $82,000 is available only as matched,
74.25 one state dollar for three dollars, by
74.26 contributions from nonstate sources.
74.27 The board shall establish design
74.28 requirements, choose the design, and
74.29 oversee construction of the memorial.
74.30 In establishing the memorial, the board
74.31 may accept money from nonstate sources
74.32 and contract with other private or
74.33 public agencies. The appropriation is
74.34 available until expended.
74.35 Sec. 103. Laws 1994, chapter 643, section 69, subdivision
74.36 1, is amended to read:
74.37 Subdivision 1. [TASK FORCE MEMBERSHIP.] An 18-member A
74.38 19-member planning task force for library and information
74.39 services shall be established and shall be composed of: three
74.40 representatives appointed by the chancellor of the higher
74.41 education board, one of whom may be serving on the MINITEX
74.42 advisory committee; two representatives appointed by the
74.43 president of the University of Minnesota, one of whom may be
74.44 serving on the MINITEX advisory committee; one representative
74.45 appointed by the president of the Minnesota private college
74.46 council; the director of MINITEX; one representative appointed
75.1 by the commissioner of finance; one representative appointed by
75.2 the commissioner of administration; one representative appointed
75.3 by the executive director of the Minnesota higher education
75.4 coordinating board; the director of the office of library
75.5 development and services; five representatives of public
75.6 libraries appointed by the director of library development and
75.7 services; two representatives of elementary and secondary
75.8 schools appointed by the commissioner of education; and one
75.9 representative appointed by the governor. The executive
75.10 director of the Minnesota higher education coordinating board
75.11 shall confer with the other appointing authorities to ensure
75.12 that at least one-half of the task force members are employed in
75.13 occupations unrelated to library science. The executive
75.14 director of the Minnesota higher education coordinating board
75.15 shall convene the first meeting of the task force.
75.16 Sec. 104. Laws 1995, First Special Session chapter 3,
75.17 article 12, section 7, subdivision 1, as amended by Laws 1997,
75.18 First Special Session chapter 4, article 9, section 2, and Laws
75.19 1998, chapter 270, section 4, is amended to read:
75.20 Subdivision 1. [STATE COUNCIL MEMBERSHIP.] The membership
75.21 of the Minnesota education telecommunications council
75.22 established in Laws 1993, First Special Session chapter 2, is
75.23 expanded to include representatives of elementary and secondary
75.24 education. The membership shall consist of three
75.25 representatives from the University of Minnesota; three
75.26 representatives of the board of trustees for Minnesota state
75.27 colleges and universities; one representative of the higher
75.28 education services offices; one representative appointed by the
75.29 private college council; eight representatives selected by the
75.30 commissioner of children, families, and learning, at least one
75.31 of which must come from each of the six higher education
75.32 telecommunication regions; the director commissioner of the
75.33 office of technology administration; two members each from the
75.34 senate and the house of representatives selected by the
75.35 subcommittee on committees of the committee on rules and
75.36 administration of the senate and the speaker of the house, one
76.1 member from each body must be a member of the minority party;
76.2 and three representatives of libraries, one representing
76.3 regional public libraries, one representing multitype libraries,
76.4 and one representing community libraries, selected by the
76.5 governor. The council shall:
76.6 (1) develop a statewide vision and plans for the use of
76.7 distance learning technologies and provide leadership in
76.8 implementing the use of such technologies;
76.9 (2) recommend to the commissioner and the legislature by
76.10 December 15, 1996, a plan for long-term governance and a
76.11 proposed structure for statewide and regional
76.12 telecommunications;
76.13 (3) recommend educational policy relating to
76.14 telecommunications;
76.15 (4) determine priorities for use;
76.16 (5) oversee coordination of networks for post-secondary
76.17 campuses, K-12 education, and regional and community libraries;
76.18 (6) review application for telecommunications access grants
76.19 under Minnesota Statutes, section 124C.74, and recommend to the
76.20 department grants for funding;
76.21 (7) determine priorities for grant funding proposals; and
76.22 (8) work with the office of technology to ensure
76.23 consistency of the operation of the learning network with
76.24 standards of an open system architecture.
76.25 The council shall consult with representatives of the
76.26 telecommunication industry in implementing this section.
76.27 Sec. 105. Laws 1995, First Special Session chapter 3,
76.28 article 12, section 10, is amended to read:
76.29 Sec. 10. [ELECTRONIC COST REDUCTION.]
76.30 The commissioner of education shall identify methods to
76.31 reduce the costs of Internet access for school districts. The
76.32 commissioner shall work in conjunction with MNet the state
76.33 information infrastructure, the department of administration,
76.34 and the telecommunication industry to provide Internet access
76.35 and long distance phone service at a favorable group rate.
76.36 Sec. 106. Laws 1997, chapter 202, article 2, section 61,
77.1 is amended to read:
77.2 Sec. 61. [VOLUNTARY UNPAID LEAVE OF ABSENCE.]
77.3 Appointing authorities in state government shall encourage
77.4 may allow each employee to take an unpaid leave of absence for
77.5 up to 160 hours during the period ending June 30, 1999 2001.
77.6 Each appointing authority approving such a leave shall allow the
77.7 employee to continue accruing vacation and sick leave, be
77.8 eligible for paid holidays and insurance benefits, accrue
77.9 seniority, and accrue service credit in state retirement plans
77.10 permitting service credits for authorized leaves of absence as
77.11 if the employee had actually been employed during the time of
77.12 the leave. If the leave of absence is for one full pay period
77.13 or longer, any holiday pay shall be included in the first
77.14 payroll warrant after return from the leave of absence. The
77.15 appointing authority shall attempt to grant requests for unpaid
77.16 leaves of absence consistent with the need to continue efficient
77.17 operation of the agency. However, each appointing authority
77.18 shall retain discretion to grant or refuse to grant requests for
77.19 leaves of absence and to schedule and cancel leaves, subject to
77.20 applicable provisions of collective bargaining agreements and
77.21 compensation plans.
77.22 Sec. 107. Laws 1998, chapter 366, section 2, is amended to
77.23 read:
77.24 Sec. 2. LEGISLATURE 25,000
77.25 This appropriation is to the
77.26 legislative coordinating commission for
77.27 a grant to the Council of State
77.28 Governments to organize and fund a
77.29 series of meetings between members of
77.30 the Minnesota legislature and members
77.31 of the Manitoba and Ontario
77.32 parliaments. Approximately Up to six
77.33 members of each body may attend the
77.34 meetings. Meetings may involve all
77.35 three bodies or the legislature and one
77.36 of the parliaments. The meetings shall
77.37 be at the capital cities of the state
77.38 or of the provinces. This
77.39 appropriation is available until June
77.40 30, 2000.
77.41 Sec. 108. [URBAN DEVELOPMENT ENVIRONMENTAL STEERING
77.42 COMMITTEE.]
77.43 Subdivision 1. [COMMITTEE; DEFINITION.] (a) The
78.1 environmental quality board shall establish an urban development
78.2 environmental steering committee consisting of representatives
78.3 of developers, environmental interests, agricultural landowners,
78.4 and other stakeholders. The urban development environmental
78.5 steering committee shall advise the environmental quality board
78.6 on the scope and content of the generic environmental impact
78.7 statement required in subdivision 2.
78.8 (b) Compensation of members and reimbursement of their
78.9 expenses is governed by Minnesota Statutes, section 15.059. The
78.10 committee expires upon completion of the generic environmental
78.11 impact statement required in subdivision 2 and presentation of
78.12 the report to the legislature.
78.13 (c) For the purposes of this section, "urban development"
78.14 means development in:
78.15 (1) cities with more than 15,000 population; and
78.16 (2) areas with densities greater than 200 people per square
78.17 mile in proximity to cities with more than 15,000 population.
78.18 Subd. 2. [GENERIC ENVIRONMENTAL IMPACT STATEMENT.] A
78.19 generic environmental impact statement must be prepared under
78.20 the direction of the environmental quality board to examine the
78.21 long-term effects of urban development, past, present, and
78.22 future, upon the economy, environment, and way of life of the
78.23 residents of this state. The study may address:
78.24 (1) the overall dimension of urban development in this
78.25 state, including the past and current trends of settlement and
78.26 population growth, the types and location of urban development,
78.27 and the relationship of past and current development patterns to
78.28 existing land use policies;
78.29 (2) environmental quality issues associated with urban
78.30 development such as the effects of urban development on air,
78.31 groundwater, surface water, and land, including the impact of
78.32 urban development on the loss of agricultural land in urbanizing
78.33 areas;
78.34 (3) economic issues such as the comparative economic impact
78.35 of alternative means of urban development, including the
78.36 economic efficiency of the alternatives;
79.1 (4) social issues such as the comparative social impact of
79.2 alternative means of urban development; and
79.3 (5) the roles of various units of government in regulating
79.4 various aspects of land use decisions.
79.5 Sec. 109. [STATE TRAVEL OFFICE.]
79.6 Subdivision 1. [STUDY.] The commissioner of administration
79.7 shall study the feasibility and potential advantages of
79.8 establishing a state travel office in the executive branch to
79.9 manage and oversee arrangements for air and surface travel by
79.10 state employees and officials. In conducting the study, the
79.11 commissioner shall consider travel procedures currently used by
79.12 the state in comparison with those used by the federal
79.13 government, other states, and private businesses.
79.14 Subd. 2. [ISSUES.] The study required by subdivision 1
79.15 must address, at a minimum:
79.16 (1) the relative merits of central versus decentralized
79.17 management and oversight of travel;
79.18 (2) current procedures used by the legislative, judicial,
79.19 and executive branches of the state as well as the Minnesota
79.20 state colleges and universities and the University of Minnesota;
79.21 (3) statutory and other authority necessary to manage and
79.22 oversee state travel;
79.23 (4) the relative merits of state operation of travel
79.24 services versus the provision of travel services by travel
79.25 agencies under contract;
79.26 (5) the use of one travel agency versus several preferred
79.27 agencies;
79.28 (6) the criteria used in selecting the preferred agencies;
79.29 (7) managing frequent-flier miles versus other options; and
79.30 (8) the use of Internet-based travel authorization and
79.31 booking versus traditional methods.
79.32 Subd. 3. [REPORT.] The commissioner shall report to the
79.33 legislature on the conclusions of the study by January 15,
79.34 2000. The report must include recommendations for any
79.35 legislation that might be necessary to implement the report's
79.36 conclusions.
80.1 Sec. 110. [BUDGET PRINCIPLES; BUDGET REVIEW.]
80.2 Subdivision 1. [PRINCIPLES.] The legislative commission on
80.3 planning and fiscal policy shall establish principles and
80.4 standards related to budgeting that simplify the process,
80.5 minimize the number of state funds and special accounts, and are
80.6 consistent with generally accepted accounting principles. The
80.7 principles must define when it is appropriate to create special
80.8 or dedicated funds and accounts, when it is appropriate to
80.9 create open appropriations from the general fund and open
80.10 appropriations of dedicated receipts, and the appropriate level
80.11 of budgetary reserves.
80.12 Subd. 2. [REVIEW OF PAST BUDGET ACTIONS.] With the
80.13 assistance of the commissioner of finance and staff of the house
80.14 and senate, the commission shall:
80.15 (1) review the biennial budget instructions issued by the
80.16 commissioner of finance for the 2000-2001 biennial budget,
80.17 specifically instructions on how to establish the budget base,
80.18 the inflation factors used, how to calculate caseload
80.19 adjustments, and related program requirements;
80.20 (2) review all statutory open and standing appropriations
80.21 and identify any that are inconsistent with the commission's
80.22 principles;
80.23 (3) review all reserve accounts and the level of reserves
80.24 and identify any that are inconsistent with the commission's
80.25 principles; and
80.26 (4) review other related issues as deemed appropriate by
80.27 the commission.
80.28 Subd. 3. [PROCESS TO REVIEW FUTURE BUDGET ACTIONS.] The
80.29 commission, in consultation with the commissioner of finance,
80.30 shall develop and recommend to the legislature a process whereby
80.31 a bill that affects the budget may be reviewed to determine
80.32 whether the appropriations and accounts it creates are
80.33 consistent with the principles adopted by the commission. The
80.34 commission shall consider how this review should be coordinated
80.35 or integrated with the process for creating fiscal notes and
80.36 whether the review should be done by staff of the executive
81.1 branch or by staff of the legislative branch.
81.2 Subd. 4. [REPORT.] The commission shall report the
81.3 principles and standards it has established, the results of its
81.4 review of past budget actions, and its recommended process for
81.5 reviewing future budget actions to the legislature and the
81.6 governor by December 1, 1999.
81.7 Sec. 111. [LOAN REPAYMENT.]
81.8 The loan made by the Minneapolis community development
81.9 agency to the Minneapolis park and recreation board in 1986 to
81.10 acquire property for the central riverfront regional park must
81.11 not be repaid by any funds from the state of Minnesota or funds
81.12 of political subdivisions of the state, including the
81.13 metropolitan council.
81.14 Sec. 112. [EMPLOYEE ASSISTANCE PROGRAM; TRANSFER.]
81.15 Responsibility for the state employee assistance program
81.16 under Minnesota Statutes, section 16B.39, subdivision 2, is
81.17 transferred from the commissioner of administration to the
81.18 commissioner of employee relations under Minnesota Statutes,
81.19 section 15.039.
81.20 Sec. 113. [OFFICE OF TECHNOLOGY; TRANSFER.]
81.21 In accordance with Minnesota Statutes, sections 15.039 and
81.22 43A.045, the responsibilities of the executive director of the
81.23 office of technology under Minnesota Statutes, chapter 16E, and
81.24 otherwise, are transferred to the commissioner of administration.
81.25 Sec. 114. [INSTRUCTION TO REVISOR.]
81.26 (a) The revisor of statutes shall renumber Minnesota
81.27 Statutes, section 256.482, subdivision 5a, as Minnesota
81.28 Statutes, section 16B.055, subdivision 2, and renumber the
81.29 existing text of Minnesota Statutes, section 16B.055, as
81.30 subdivision 1.
81.31 (b) In the next edition of Minnesota Statutes, the revisor
81.32 of statutes shall change the term "executive director of the
81.33 office of technology" to "commissioner of administration" and
81.34 the term "executive director," wherever it refers to the
81.35 executive director of the office of technology, to
81.36 "commissioner."
82.1 (c) The revisor of statutes shall renumber Minnesota
82.2 Statutes, section 16B.39, subdivision 2, in chapter 43A.
82.3 Sec. 115. [REPEALER.]
82.4 (a) Minnesota Rules, part 8275.0045, subpart 2, is repealed.
82.5 (b) Minnesota Statutes 1998, sections 15.90; 15.91; 15.92;
82.6 16A.103, subdivision 3; 16E.11; 16E.12; and 16E.13, are repealed.
82.7 (c) Laws 1991, chapter 235, article 5, section 3, as
82.8 amended by Laws 1995, chapter 254, article 1, section 91, is
82.9 repealed.
82.10 (d) Minnesota Statutes 1998, section 16A.1285, subdivisions
82.11 4 and 5, are repealed.
82.12 (e) Minnesota Statutes 1998, sections 207A.01; 207A.02;
82.13 207A.03; 207A.04; 207A.06; 207A.07; 207A.08; 207A.09; and
82.14 207A.10, are repealed.
82.15 (f) S.F. No. 2223 of the 1999 regular session, if enacted,
82.16 is repealed.
82.17 (g) Minnesota Statutes 1998, sections 4A.08; 4A.09; and
82.18 4A.10, are repealed.
82.19 Sec. 116. [EFFECTIVE DATE.]
82.20 (a) Section 41 is effective January 1, 2001. Section 43 is
82.21 effective July 1, 2000, with respect to preparation of the model
82.22 policies and procedures by the commissioner of administration,
82.23 and January 1, 2001, with respect to the other provisions of
82.24 section 43.
82.25 (b) Sections 62 to 64 and 93 are effective January 1, 2001.
82.26 (c) Sections 94 to 100 are effective the day following
82.27 final enactment.
82.28 (d) Sections 47, 49, 55, and 115, paragraphs (d) and (g),
82.29 are effective July 1, 2001.
82.30 (e) Section 61 is effective the day following final
82.31 enactment and applies only to contracts executed on or after
82.32 that date.
82.33 (f) The commissioner of employee relations may not
82.34 implement the long-term care insurance plan under section 78
82.35 until April 1, 2000.
82.36 ARTICLE 2
83.1 YEAR 2000
83.2 Section 1. Minnesota Statutes 1998, section 12.31,
83.3 subdivision 2, is amended to read:
83.4 Subd. 2. [DECLARATION OF PEACETIME EMERGENCY.] The
83.5 governor may declare a peacetime emergency. A peacetime
83.6 declaration of emergency may be declared only when an act of
83.7 nature, a technological failure or malfunction, a terrorist
83.8 incident, an industrial accident, a hazardous materials
83.9 accident, or a civil disturbance endangers life and property and
83.10 local government resources are inadequate to handle the
83.11 situation. It must not be continued for more than five days
83.12 unless extended by resolution of the executive council up to 30
83.13 days. An order, or proclamation declaring, continuing, or
83.14 terminating an emergency must be given prompt and general
83.15 publicity and filed with the secretary of state.
83.16 Sec. 2. Minnesota Statutes 1998, section 12.37, is amended
83.17 to read:
83.18 12.37 [POLITICAL SUBDIVISIONS, AUTHORITY TO ENTER INTO
83.19 CONTRACTS.]
83.20 During an emergency or disaster, each political
83.21 subdivision, notwithstanding any statutory or charter provision
83.22 to the contrary, and through its governing body acting within or
83.23 without the corporate limits of the political subdivision, may:
83.24 (1) enter into contracts and incur obligations necessary to
83.25 combat the disaster by protecting the health and safety of
83.26 persons and property and by providing emergency assistance to
83.27 the victims of the disaster; and
83.28 (2) exercise the powers vested by this subdivision in the
83.29 light of the exigencies of the disaster without compliance with
83.30 time-consuming procedures and formalities prescribed by law
83.31 pertaining to:
83.32 (i) the performance of public work;
83.33 (ii) entering into contracts;
83.34 (iii) incurring of obligations;
83.35 (iv) employment of temporary workers;
83.36 (v) rental of equipment;
84.1 (vi) purchase of supplies and materials;
84.2 (vii) limitations upon tax levies; and
84.3 (viii) the appropriation and expenditure of public funds,
84.4 for example, but not limited to, publication of ordinances and
84.5 resolutions, publication of calls for bids, provisions of civil
84.6 service laws and rules, provisions relating to low bids, and
84.7 requirements for budgets.
84.8 The failure or malfunction of public infrastructure or
84.9 systems critical to the delivery of municipal services due to
84.10 year 2000 problems with computers and electronically controlled
84.11 devices shall constitute an emergency for the purposes of this
84.12 section.
84.13 Sec. 3. [604B.01] [YEAR 2000 ACTIVITIES; IMMUNITY.]
84.14 Subdivision 1. [DEFINITIONS.] For the purpose of this
84.15 section, the terms defined in this section have the meanings
84.16 given them.
84.17 Subd. 2. [ASSOCIATION.] "Association" means a trade,
84.18 professional, governmental, or similar organization the members
84.19 of which are individuals, enterprises, or governmental units
84.20 engaged in similar lines of business, services, or activity.
84.21 Subd. 3. [STATE AGENCY.] "State agency" means the
84.22 University of Minnesota, Minnesota state colleges and
84.23 universities, and the departments, boards, agencies, and
84.24 commissions in the executive, judicial, and legislative branches.
84.25 Subd. 4. [YEAR 2000 SOLUTION INFORMATION.] "Year 2000
84.26 solution information" means information related to solutions
84.27 that address the inability of computer systems, software, or
84.28 electronically controlled devices to recognize certain dates in
84.29 1999 and after December 31, 1999. That inability may cause
84.30 disruptions in electronic communications or the functioning of
84.31 electronically controlled equipment resulting or reasonably
84.32 anticipated to result from erroneous data that is or may be
84.33 supplied by electronic devices.
84.34 Subd. 5. [ASSOCIATION AND RELATED IMMUNITY.] No cause of
84.35 action may be maintained against an association for damages or
84.36 harm resulting from the collection of year 2000 solution
85.1 information or the publication of that information or against
85.2 any person or entity for providing year 2000 solution
85.3 information to the association.
85.4 Subd. 6. [STATE AGENCY IMMUNITY.] No cause of action may
85.5 be maintained against a state agency for damages or harm
85.6 resulting from the collection of year 2000 solution information
85.7 or the publication of that information.
85.8 Subd. 7. [GOVERNMENTAL UNIT IMMUNITY.] No cause of action
85.9 may be maintained against a governmental unit as defined in
85.10 section 462.384, subdivision 2, including governmental units
85.11 acting jointly under section 471.59, for damages or harm
85.12 resulting from the collection, publication, or dissemination of
85.13 year 2000 solution information to other governmental units or to
85.14 the metropolitan council or agencies.
85.15 Subd. 8. [EXCEPTION.] Subdivisions 5 to 7 do not apply if
85.16 the party against whom the claim is brought knew in fact that
85.17 the year 2000 solution information provided was materially false.
85.18 Subd. 9. [NO IMPLIED CAUSE OF ACTION CREATED.] No
85.19 liability on the part of any person or any public or private
85.20 entity is implied or created by this section by the absence of a
85.21 grant of immunity under this section.
85.22 Sec. 4. [EMERGENCIES.]
85.23 (a) The governor may declare an emergency under this
85.24 section for purposes of Minnesota Statutes, sections 12.31,
85.25 12.36, and 12.37. The governor may declare an emergency under
85.26 authority of this section only to the extent that actual or
85.27 potential failure of computers or electronically controlled
85.28 devices creates an actual or imminent serious threat to the
85.29 health or safety of persons or an actual or imminent threat of
85.30 catastrophic loss to property or the environment.
85.31 (b) A declaration for purposes of Minnesota Statutes,
85.32 section 12.31, must be made according to procedures in that
85.33 section.
85.34 (c) The governor may declare an emergency under this
85.35 section for purposes of Minnesota Statutes, section 12.36 or
85.36 12.37, without declaring a peacetime emergency under Minnesota
86.1 Statutes, section 12.31. A declaration for purposes of
86.2 Minnesota Statutes, section 12.36 or 12.37, may specify that it
86.3 applies to all or certain units of state or local government,
86.4 must specify the time period for which it applies, and must be
86.5 filed with the secretary of state.
86.6 (d) This section is in addition to and does not limit
86.7 authority granted to the governor or local government officials
86.8 by Minnesota Statutes, chapter 12, or other law.
86.9 (e) After April 1, 2000, the governor may not use this
86.10 section as authority to declare an emergency.
86.11 (f) If an emergency is declared under authority of this
86.12 section, a unit of state or local government may omit compliance
86.13 with the procedures and law listed in Minnesota Statutes,
86.14 sections 12.36, paragraph (a), clause (2), and 12.37, clause
86.15 (2), only to the extent necessary to protect health and safety
86.16 of persons or avoid catastrophic loss to property or the
86.17 environment. A unit of state or local government must report to
86.18 the year 2000 project office in the department of administration
86.19 on omitting compliance with procedures and laws. The report
86.20 must be filed within 30 days of the action that did not comply
86.21 with the customary laws.
86.22 Sec. 5. [YEAR 2000 PROBLEM REPORTS.]
86.23 All electric utilities, as defined in Minnesota Statutes,
86.24 section 216B.38, subdivision 5, and telephone companies, as
86.25 defined in Minnesota Statutes, section 237.01, subdivisions 2
86.26 and 3, must file status reports on year 2000 problems with the
86.27 public utilities commission and the department of public
86.28 service, with a copy to the division of emergency management of
86.29 the department of public safety, on July 1 and October 1, 1999.
86.30 The status report must include a statement of the percentage of
86.31 the assessment phase that has been completed to date, the
86.32 percentage of the remediation phase that has been completed to
86.33 date, and the percentage of the testing of corrective actions
86.34 phase that has been completed to date. The foregoing questions,
86.35 along with others deemed appropriate, must be included in a Y2K
86.36 status report form that must be provided by the department of
87.1 public safety, division of emergency management. If a report
87.2 indicates that all year 2000 problems have been remediated, an
87.3 entity need not file a subsequent report unless there has been a
87.4 change.
87.5 Sec. 6. [YEAR 2000 PROBLEM EXEMPTION FROM UNIFORM
87.6 MUNICIPAL CONTRACTING LAW.]
87.7 Subdivision 1. [MUNICIPAL CONTRACTS.] Minnesota Statutes,
87.8 section 471.345, does not apply to the purchase or rental of
87.9 supplies, materials, and equipment nor to the construction,
87.10 alteration, repair, and maintenance of real or personal property
87.11 if the governing body of a municipality determines that there is
87.12 an urgency due to the actual or potential failure or malfunction
87.13 of public infrastructure or systems critical to the delivery of
87.14 municipal services due to year 2000 problems with computers and
87.15 electronically controlled devices.
87.16 Subd. 2. [SPECIAL PROCEDURE.] A contract exempted from
87.17 Minnesota Statutes, section 471.345, by subdivision 1 may, at
87.18 the discretion of the municipality, be made by direct
87.19 negotiation by obtaining two or more quotations or in the open
87.20 market. All quotations shall be kept on file for a period of at
87.21 least one year after receipt.
87.22 Subd. 3. [APPLICABILITY OF OTHER LAWS.] This section
87.23 supersedes any inconsistent law.
87.24 Subd. 4. [REPORTS.] A municipality must report to the year
87.25 2000 project office in the department of administration on each
87.26 instance in which it omitted compliance with the uniform
87.27 municipal contracting law under authority of this section.
87.28 Subd. 5. [EXPIRATION.] This section applies only to a
87.29 contract entered into or goods or services purchased before
87.30 April 1, 2000.
87.31 Sec. 7. [YEAR 2000 PROBLEM; LOCAL GOVERNMENT DEBT.]
87.32 Subdivision 1. [SCOPE.] For the purpose of this section,
87.33 the terms defined in subdivisions 2 to 4 have the meanings given
87.34 them.
87.35 Subd. 2. [YEAR 2000 PROBLEM.] "Year 2000 problem" means
87.36 disruptions in electronic communications or the functioning of
88.1 electronically controlled equipment resulting or reasonably
88.2 anticipated to result from erroneous data that is or may be
88.3 supplied by electronic devices in 1999 or on or after January 1,
88.4 2000.
88.5 Subd. 3. [POLITICAL SUBDIVISION.] "Political subdivision"
88.6 means a home rule charter city, a statutory city, a school
88.7 district, a county, a town, the metropolitan council, or any
88.8 local governmental entity authorized by general or special law
88.9 or charter to own and operate electronically controlled
88.10 equipment.
88.11 Subd. 4. [YEAR 2000 PROBLEM REMEDIATION COST.] "Year 2000
88.12 problem remediation cost" means a cost or expense of any nature
88.13 incurred by a political subdivision in planning for and taking
88.14 remedial or preventive action to prepare for or correct the year
88.15 2000 problem.
88.16 Subd. 5. [AUTHORITY.] Any law or charter provision
88.17 authorizing a political subdivision to borrow money and incur
88.18 debt is deemed to include the authority to borrow money and
88.19 incur that debt for year 2000 problem remediation.
88.20 Debt incurred for year 2000 problem remediation is not
88.21 subject to debt limits and notwithstanding any contrary
88.22 provision of law or charter provision, need not be approved by
88.23 the voters of a political subdivision. A political subdivision
88.24 not otherwise authorized to borrow money and incur debt may,
88.25 with approval of the appropriate governmental subdivision with
88.26 taxing authority, incur debt for year 2000 problem remediation
88.27 in the same manner and subject to the same limitations as
88.28 statutory cities. A debt may not be incurred until the year
88.29 2000 project office in the department of administration
88.30 certifies to the commissioner of revenue that the proposed use
88.31 of the debt is related only to remediation of a year 2000
88.32 problem.
88.33 Subd. 6. [SUNSET.] The authority to incur debt under this
88.34 section expires December 31, 2000, provided that debt incurred
88.35 under this section need not be repaid until December 31, 2005.
88.36 Subd. 7. [INTERPRETATION.] This section is to be construed
89.1 liberally to achieve its purpose.
89.2 Sec. 8. [DEPARTMENT OF HEALTH; YEAR 2000 ACTIVITY.]
89.3 Subdivision 1. [DEPARTMENT OF HEALTH SURVEY.] The
89.4 department of health must, by July 30, 1999, survey all
89.5 hospitals, nursing homes, nontransient noncommunity water
89.6 systems operated by a public entity, and community water supply
89.7 systems for year 2000 problems and solutions related to their
89.8 operations. The department, upon request, must disseminate
89.9 information about those year 2000 problems and proposed
89.10 solutions to hospitals, nursing homes, and water supply system
89.11 operators in a prompt and reasonable manner.
89.12 Subd. 2. [STATUS REPORTS.] All hospitals, nursing homes,
89.13 nontransient noncommunity water systems operated by a public
89.14 entity, and community water supply systems must file status
89.15 reports on year 2000 problems with the department of health,
89.16 with a copy to the division of emergency management of the
89.17 department of public safety, on July 1 and October 1, 1999. The
89.18 status report must include a statement of the percentage of the
89.19 assessment phase that has been completed to date, the percentage
89.20 of the remediation phase that has been completed to date, and
89.21 the percentage of the testing of corrective actions phase that
89.22 has been completed to date. The foregoing questions, along with
89.23 others deemed appropriate, must be included in a Y2K status
89.24 report form that must be provided by the department of public
89.25 safety, division of emergency management. If there has been no
89.26 change since the previous report, the report may indicate only
89.27 that no change has occurred.
89.28 Sec. 9. [DEPARTMENT OF HUMAN SERVICES; YEAR 2000
89.29 ACTIVITY.]
89.30 If year 2000 computer problems create a failure or
89.31 malfunction in the infrastructure or systems used by the
89.32 department of human services for payment to health care
89.33 providers under state government programs or counties, the
89.34 commissioner of human services shall continue to pay all health
89.35 care providers paid under state government programs or counties
89.36 by manual warrant or other measures within the statutorily
90.1 required time period.
90.2 Sec. 10. [STATUS REPORTS.]
90.3 (a) The recipients of the status reports required by
90.4 sections 5 and 8, subdivision 2, including the division of
90.5 emergency management, shall consult with those required to file
90.6 those reports concerning the form of the report.
90.7 (b) All reports provided under sections 5 and 8 shall be
90.8 considered Year 2000 Readiness Disclosures.
90.9 Sec. 11. [USE OF STATUS REPORTS AS EVIDENCE PROHIBITED.]
90.10 The status reports required by sections 5 and 8,
90.11 subdivision 2, may not be used as evidence in any action seeking
90.12 damages or other relief because of a year 2000 problem.
90.13 Sec. 12. [YEAR 2000 LOAN FUND.]
90.14 (a) $20,000,000 is appropriated from the general fund in
90.15 fiscal year 2000 to the commissioner of finance to capitalize a
90.16 fund, to be used to make loans to school districts; counties;
90.17 joint powers boards; home rule charter and statutory cities; and
90.18 towns to meet the costs they incur in addressing year 2000
90.19 problems.
90.20 (b) A loan may not be made until the year 2000 project
90.21 office of the department of administration certifies to the
90.22 commissioner of finance that:
90.23 (1) the proposed use of the loan is related only to
90.24 remediation of a year 2000 problem;
90.25 (2) the unit of local government has insufficient resources
90.26 available to address year 2000 problems; and
90.27 (3) the loan would be used to remediate problems that are
90.28 likely to affect public health and safety or cause catastrophic
90.29 loss to property or the environment.
90.30 (c) The local units of government that received the loans
90.31 must repay them by June 30, 2001. Interest is payable on the
90.32 loan at the rate earned by the state on invested treasurer's
90.33 cash, as determined monthly by the commissioner of finance.
90.34 Repayments must be deposited in the general fund.
90.35 (d) A unit of local government receiving a loan under this
90.36 section must report to the year 2000 project office in the
91.1 department of administration within 60 days of receiving the
91.2 loan. The report must state how the loan was used in accordance
91.3 with the criteria of paragraph (b).
91.4 (e) This appropriation cancels April 1, 2000.
91.5 Any canceled money must be deposited in the general fund.
91.6 Sec. 13. [COMMISSIONER REVIEW.]
91.7 The commissioner of administration, through staff of the
91.8 Y2K project office, is responsible for reviewing use of
91.9 emergency authority and emergency funds under this act and shall
91.10 review reports from state agencies and political subdivisions
91.11 under sections 4, 5, 6, and 12. If the commissioner determines
91.12 that funds obtained under section 12 were not used in a manner
91.13 consistent with the requirements of section 12, paragraph (b),
91.14 the political subdivision must pay interest on the loan at the
91.15 rate of 12 percent, compounded annually from the time the loan
91.16 was received.
91.17 Sec. 14. [EFFECTIVE DATE.]
91.18 Section 3 is effective the day following final enactment
91.19 and does not affect or apply to any lawsuit pending on the
91.20 effective date. Sections 1, 2, and 4 to 13 are effective the
91.21 day following final enactment.
91.22 ARTICLE 3
91.23 CONFORMING CHANGES
91.24 Section 1. Minnesota Statutes 1998, section 14.131, is
91.25 amended to read:
91.26 14.131 [STATEMENT OF NEED AND REASONABLENESS.]
91.27 Before the agency orders the publication of a rulemaking
91.28 notice required by section 14.14, subdivision 1a, the agency
91.29 must prepare, review, and make available for public review a
91.30 statement of the need for and reasonableness of the rule. The
91.31 statement of need and reasonableness must be prepared under
91.32 rules adopted by the chief administrative law judge and must
91.33 include the following to the extent the agency, through
91.34 reasonable effort, can ascertain this information:
91.35 (1) a description of the classes of persons who probably
91.36 will be affected by the proposed rule, including classes that
92.1 will bear the costs of the proposed rule and classes that will
92.2 benefit from the proposed rule;
92.3 (2) the probable costs to the agency and to any other
92.4 agency of the implementation and enforcement of the proposed
92.5 rule and any anticipated effect on state revenues;
92.6 (3) a determination of whether there are less costly
92.7 methods or less intrusive methods for achieving the purpose of
92.8 the proposed rule;
92.9 (4) a description of any alternative methods for achieving
92.10 the purpose of the proposed rule that were seriously considered
92.11 by the agency and the reasons why they were rejected in favor of
92.12 the proposed rule;
92.13 (5) the probable costs of complying with the proposed rule;
92.14 and
92.15 (6) an assessment of any differences between the proposed
92.16 rule and existing federal regulations and a specific analysis of
92.17 the need for and reasonableness of each difference.
92.18 For rules setting, adjusting, or establishing regulatory,
92.19 licensure, or other charges for goods and services, the
92.20 statement of need and reasonableness must include the comments
92.21 and recommendations of the commissioner of finance and must
92.22 address any fiscal and policy concerns raised during the review
92.23 process, as required by section 16A.1285.
92.24 The statement must describe how the agency, in developing
92.25 the rules, considered and implemented the legislative policy
92.26 supporting performance-based regulatory systems set forth in
92.27 section 14.002.
92.28 The statement must also describe the agency's efforts to
92.29 provide additional notification to persons or classes of persons
92.30 who may be affected by the proposed rule or must explain why
92.31 these efforts were not made.
92.32 The agency must send a copy of the statement of need and
92.33 reasonableness to the legislative reference library when it
92.34 becomes available for public review.
92.35 Sec. 2. Minnesota Statutes 1998, section 14.23, is amended
92.36 to read:
93.1 14.23 [STATEMENT OF NEED AND REASONABLENESS.]
93.2 Before the date of the section 14.22 notice, the agency
93.3 shall prepare a statement of need and reasonableness, which must
93.4 be available to the public. The statement of need and
93.5 reasonableness must include the analysis required in section
93.6 14.131 and the comments and recommendations of the commissioner
93.7 of finance, and must address any fiscal and policy concerns
93.8 raised during the review process, as required by section
93.9 16A.1285. The statement must also describe the agency's efforts
93.10 to provide additional notification to persons or classes of
93.11 persons who may be affected by the proposed rules or must
93.12 explain why these efforts were not made. For at least 30 days
93.13 following the notice, the agency shall afford the public an
93.14 opportunity to request a public hearing and to submit data and
93.15 views on the proposed rule in writing.
93.16 The agency shall send a copy of the statement of need and
93.17 reasonableness to the legislative reference library when it
93.18 becomes available to the public.
93.19 Sec. 3. Minnesota Statutes 1998, section 16B.748, is
93.20 amended to read:
93.21 16B.748 [RULES.]
93.22 The commissioner may adopt rules for the following purposes:
93.23 (1) to set a fee under section 16A.1285 for processing a
93.24 construction or installation permit or elevator contractor
93.25 license application;
93.26 (2) to set a fee under section 16A.1285 to cover the cost
93.27 of elevator inspections;
93.28 (3) to establish minimum qualifications for elevator
93.29 inspectors that must include possession of a current elevator
93.30 constructor electrician's license issued by the state board of
93.31 electricity and proof of successful completion of the national
93.32 elevator industry education program examination or equivalent
93.33 experience;
93.34 (4) (2) to establish criteria for the qualifications of
93.35 elevator contractors;
93.36 (5) (3) to establish elevator standards under sections
94.1 16B.61, subdivisions 1 and 2, and 16B.64;
94.2 (6) (4) to establish procedures for appeals of decisions of
94.3 the commissioner under chapter 14 and procedures allowing the
94.4 commissioner, before issuing a decision, to seek advice from the
94.5 elevator trade, building owners or managers, and others
94.6 knowledgeable in the installation, construction, and repair of
94.7 elevators; and
94.8 (7) (5) to establish requirements for the registration of
94.9 all elevators.
94.10 Sec. 4. Minnesota Statutes 1998, section 18.54, is amended
94.11 to read:
94.12 18.54 [LOCAL SALES AND MISCELLANEOUS.]
94.13 Subdivision 1. [SERVICES AND FEES.] The commissioner may
94.14 make small lot inspections or perform other necessary services
94.15 for which another charge is not specified. For these services
94.16 the commissioner shall set a fee plus expenses that will recover
94.17 the cost of performing this service, as provided in section
94.18 16A.1285. The commissioner may set an additional acreage fee
94.19 for inspection of seed production fields for exporters in order
94.20 to meet domestic and foreign plant quarantine requirements.
94.21 Subd. 2. [VIRUS DISEASE-FREE CERTIFICATION.] The
94.22 commissioner shall have the authority to provide special
94.23 services such as virus disease-free certification and other
94.24 similar programs. Participation by nursery stock growers shall
94.25 be voluntary. Plants offered for sale as certified virus-free
94.26 must be grown according to certain procedures in a manner
94.27 defined by the commissioner for the purpose of eliminating
94.28 viruses and other injurious disease or insect pests. The
94.29 commissioner shall collect reasonable fees from participating
94.30 nursery stock growers for services and materials that are
94.31 necessary to conduct this type of work, as provided in section
94.32 16A.1285.
94.33 Sec. 5. Minnesota Statutes 1998, section 21.92, is amended
94.34 to read:
94.35 21.92 [SEED INSPECTION FUND.]
94.36 There is established in the state treasury an account known
95.1 as the seed inspection fund. Fees and penalties collected by
95.2 the commissioner under sections 21.80 to 21.92 and interest
95.3 attributable to money in the account shall be deposited into
95.4 this account. The rates at which the fees are charged may be
95.5 adjusted pursuant to section 16A.1285.
95.6 Sec. 6. Minnesota Statutes 1998, section 60A.964,
95.7 subdivision 1, is amended to read:
95.8 Subdivision 1. [AMOUNT.] The licensing fee for a viatical
95.9 settlement provider license is $750 for initial licensure and
95.10 $250 for each annual renewal. The commissioner may adjust the
95.11 fees as provided under section 16A.1285 to recover the costs of
95.12 administration and enforcement. The fees must be limited to the
95.13 cost of license administration and enforcement and must be
95.14 deposited in the state treasury, credited to a special account,
95.15 and appropriated to the commissioner.
95.16 Sec. 7. Minnesota Statutes 1998, section 60A.972,
95.17 subdivision 3, is amended to read:
95.18 Subd. 3. [FEES.] The licensing fee for a viatical
95.19 settlement broker is $750 for initial licensure and $250 for
95.20 each annual renewal. Failure to pay the renewal fee within the
95.21 time required by the commissioner results in an automatic
95.22 revocation of the license. The commissioner may adjust the fees
95.23 as provided under section 16A.1285 to recover the costs of
95.24 administration and enforcement. The fees must be limited to the
95.25 cost of license administration and enforcement and must be
95.26 deposited in the state treasury, credited to a special account,
95.27 and appropriated to the commissioner.
95.28 Sec. 8. Minnesota Statutes 1998, section 97B.025, is
95.29 amended to read:
95.30 97B.025 [ADVANCED HUNTER EDUCATION.]
95.31 The commissioner may establish advanced education courses
95.32 for hunters and trappers. The commissioner, with the approval
95.33 of the commissioner of finance, may impose a fee not to exceed
95.34 $10 for each person attending an advanced education course. The
95.35 commissioner shall establish the fee under section 16A.1285.
95.36 Sec. 9. Minnesota Statutes 1998, section 103G.301,
96.1 subdivision 2, is amended to read:
96.2 Subd. 2. [PERMIT APPLICATION FEES.] (a) An application for
96.3 a permit authorized under this chapter, and each request to
96.4 amend or transfer an existing permit, must be accompanied by a
96.5 permit application fee to defray the costs of receiving,
96.6 recording, and processing the application or request to amend or
96.7 transfer.
96.8 (b) The application fee for a permit to appropriate water,
96.9 a permit to construct or repair a dam that is subject to dam
96.10 safety inspection, a state general permit, or to apply for the
96.11 state water bank program is $75. The application fee for a
96.12 permit to work in public waters or to divert waters for mining
96.13 must be at least $75, but not more than $500, in accordance with
96.14 a schedule of fees adopted under section 16A.1285.
96.15 Sec. 10. Minnesota Statutes 1998, section 103I.525,
96.16 subdivision 9, is amended to read:
96.17 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails
96.18 to submit all information required for renewal in subdivision 8
96.19 or submits the application and information after the required
96.20 renewal date:
96.21 (1) the licensee must include an additional late fee set by
96.22 the commissioner under section 16A.1285; and
96.23 (2) the licensee may not conduct activities authorized by
96.24 the well contractor's license until the renewal application,
96.25 renewal application fee, late fee, and all other information
96.26 required in subdivision 8 are submitted.
96.27 Sec. 11. Minnesota Statutes 1998, section 103I.531,
96.28 subdivision 9, is amended to read:
96.29 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails
96.30 to submit all information required for renewal in subdivision 8
96.31 or submits the application and information after the required
96.32 renewal date:
96.33 (1) the licensee must include an additional late fee set by
96.34 the commissioner under section 16A.1285; and
96.35 (2) the licensee may not conduct activities authorized by
96.36 the limited well contractor's license until the renewal
97.1 application, renewal application fee, and late fee, and all
97.2 other information required in subdivision 8 are submitted.
97.3 Sec. 12. Minnesota Statutes 1998, section 103I.535,
97.4 subdivision 9, is amended to read:
97.5 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails
97.6 to submit all information required for renewal in subdivision 8
97.7 or submits the application and information after the required
97.8 renewal date:
97.9 (1) the licensee must include an additional late fee set by
97.10 the commissioner under section 16A.1285; and
97.11 (2) the licensee may not conduct activities authorized by
97.12 the elevator shaft contractor's license until the renewal
97.13 application, renewal application fee, and late fee, and all
97.14 other information required in subdivision 8 are submitted.
97.15 Sec. 13. Minnesota Statutes 1998, section 103I.541,
97.16 subdivision 5, is amended to read:
97.17 Subd. 5. [INCOMPLETE OR LATE RENEWAL.] If a registered
97.18 person submits a renewal application after the required renewal
97.19 date:
97.20 (1) the registered person must include an additional late
97.21 fee set by the commissioner under section 16A.1285; and
97.22 (2) the registered person may not conduct activities
97.23 authorized by the monitoring well contractor's registration
97.24 until the renewal application, renewal application fee, late
97.25 fee, and all other information required in subdivision 4 are
97.26 submitted.
97.27 Sec. 14. Minnesota Statutes 1998, section 115B.49,
97.28 subdivision 2, is amended to read:
97.29 Subd. 2. [REVENUE SOURCES.] Revenue from the following
97.30 sources must be deposited in the state treasury and credited to
97.31 the account:
97.32 (1) the proceeds of the fees imposed by subdivision 4;
97.33 (2) interest attributable to investment of money in the
97.34 account;
97.35 (3) penalties and interest collected under subdivision 4,
97.36 paragraph (d) (c); and
98.1 (4) money received by the commissioner for deposit in the
98.2 account in the form of gifts, grants, and appropriations.
98.3 Sec. 15. Minnesota Statutes 1998, section 115B.49,
98.4 subdivision 4, is amended to read:
98.5 Subd. 4. [REGISTRATION; FEES.] (a) The owner or operator
98.6 of a drycleaning facility shall register on or before July 1 of
98.7 each year with the commissioner of revenue in a manner
98.8 prescribed by the commissioner of revenue and pay a registration
98.9 fee for the facility. The amount of the fee is:
98.10 (1) $500, for facilities with a full-time equivalence of
98.11 fewer than five;
98.12 (2) $1,000, for facilities with a full-time equivalence of
98.13 five to ten; and
98.14 (3) $1,500, for facilities with a full-time equivalence of
98.15 more than ten.
98.16 (b) A person who sells drycleaning solvents for use by
98.17 drycleaning facilities in the state shall collect and remit to
98.18 the commissioner of revenue in a manner prescribed by the
98.19 commissioner of revenue, on or before the 20th day of the month
98.20 following the month in which the sales of drycleaning solvents
98.21 are made, a fee of:
98.22 (1) $3.50 for each gallon of perchloroethylene sold for use
98.23 by drycleaning facilities in the state; and
98.24 (2) 70 cents for each gallon of hydrocarbon-based
98.25 drycleaning solvent sold for use by drycleaning facilities in
98.26 the state.
98.27 (c) The commissioner shall, after a public hearing but
98.28 notwithstanding section 16A.1285, subdivision 4, annually adjust
98.29 the fees in this subdivision as necessary to maintain annual
98.30 income of at least:
98.31 (1) $600,000 beginning July 1, 1997;
98.32 (2) $700,000 beginning July 1, 1998; and
98.33 (3) $800,000 beginning July 1, 1999.
98.34 Any adjustment under this paragraph must be prorated among all
98.35 the fees in this subdivision. After adjustment under this
98.36 paragraph, the fees in this subdivision must not be greater than
99.1 two times their original amount. The commissioner shall notify
99.2 the commissioner of revenue of an adjustment under this
99.3 paragraph no later than March 1 of the year in which the
99.4 adjustment is to become effective. The adjustment is effective
99.5 for sales of drycleaning solvents made, and annual registration
99.6 fees due, beginning on July 1 of the same year.
99.7 (d) To enforce this subdivision, the commissioner of
99.8 revenue may examine documents, assess and collect fees, conduct
99.9 investigations, issue subpoenas, grant extensions to file
99.10 returns and pay fees, impose penalties and interest on the
99.11 annual registration fee under paragraph (a) and the monthly fee
99.12 under paragraph (b), abate penalties and interest, and
99.13 administer appeals, in the manner provided in chapters 270 and
99.14 289A. The penalties and interest imposed on taxes under chapter
99.15 297A apply to the fees imposed under this subdivision.
99.16 Disclosure of data collected by the commissioner of revenue
99.17 under this subdivision is governed by chapter 270B.
99.18 Sec. 16. Minnesota Statutes 1998, section 115B.491,
99.19 subdivision 2, is amended to read:
99.20 Subd. 2. [RETURN REQUIRED.] On or before the 20th of each
99.21 calendar month, every drycleaning facility that has purchased
99.22 drycleaning solvents for use in this state during the preceding
99.23 calendar month, upon which the fee imposed by section 115B.49,
99.24 subdivision 4, paragraph (b), has not been paid to the seller of
99.25 the drycleaning solvents, shall file a return with the
99.26 commissioner of revenue showing the quantity of solvents
99.27 purchased and a computation of the fee under section 115B.49,
99.28 subdivision 4, paragraph (d) (c). The fee must accompany the
99.29 return. The return must be made upon a form furnished and
99.30 prescribed by the commissioner of revenue and must contain such
99.31 other information as the commissioner of revenue may require.
99.32 Sec. 17. Minnesota Statutes 1998, section 115B.491,
99.33 subdivision 3, is amended to read:
99.34 Subd. 3. [APPLICABILITY.] All of the provisions of section
99.35 115B.49, subdivision 4, paragraph (d) (c), apply to this section.
99.36 Sec. 18. Minnesota Statutes 1998, section 116.07,
100.1 subdivision 4d, is amended to read:
100.2 Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit
100.3 fees in amounts not greater than those necessary to cover the
100.4 reasonable costs of reviewing and acting upon applications for
100.5 agency permits and implementing and enforcing the conditions of
100.6 the permits pursuant to agency rules. Permit fees shall not
100.7 include the costs of litigation. The agency shall adopt rules
100.8 under section 16A.1285 establishing a system for charging permit
100.9 fees collected under this subdivision. The fee schedule must
100.10 reflect reasonable and routine permitting, implementation, and
100.11 enforcement costs. The agency may impose an additional
100.12 enforcement fee to be collected for a period of up to two years
100.13 to cover the reasonable costs of implementing and enforcing the
100.14 conditions of a permit under the rules of the agency. Any money
100.15 collected under this paragraph shall be deposited in the
100.16 environmental fund.
100.17 (b) Notwithstanding paragraph (a), and section 16A.1285,
100.18 subdivision 2, the agency shall collect an annual fee from the
100.19 owner or operator of all stationary sources, emission
100.20 facilities, emissions units, air contaminant treatment
100.21 facilities, treatment facilities, potential air contaminant
100.22 storage facilities, or storage facilities subject to the
100.23 requirement to obtain a permit under subchapter V of the federal
100.24 Clean Air Act, United States Code, title 42, section 7401 et
100.25 seq., or section 116.081. The annual fee shall be used to pay
100.26 for all direct and indirect reasonable costs, including attorney
100.27 general costs, required to develop and administer the permit
100.28 program requirements of subchapter V of the federal Clean Air
100.29 Act, United States Code, title 42, section 7401 et seq., and
100.30 sections of this chapter and the rules adopted under this
100.31 chapter related to air contamination and noise. Those costs
100.32 include the reasonable costs of reviewing and acting upon an
100.33 application for a permit; implementing and enforcing statutes,
100.34 rules, and the terms and conditions of a permit; emissions,
100.35 ambient, and deposition monitoring; preparing generally
100.36 applicable regulations; responding to federal guidance;
101.1 modeling, analyses, and demonstrations; preparing inventories
101.2 and tracking emissions; and providing information to the public
101.3 about these activities.
101.4 (c) The agency shall adopt fee rules in accordance with the
101.5 procedures in section 16A.1285, subdivision 5, set fees that:
101.6 (1) will result in the collection, in the aggregate, from
101.7 the sources listed in paragraph (b), of an amount not less than
101.8 $25 per ton of each volatile organic compound; pollutant
101.9 regulated under United States Code, title 42, section 7411 or
101.10 7412 (section 111 or 112 of the federal Clean Air Act); and each
101.11 pollutant, except carbon monoxide, for which a national primary
101.12 ambient air quality standard has been promulgated;
101.13 (2) may result in the collection, in the aggregate, from
101.14 the sources listed in paragraph (b), of an amount not less than
101.15 $25 per ton of each pollutant not listed in clause (1) that is
101.16 regulated under this chapter or air quality rules adopted under
101.17 this chapter; and
101.18 (3) shall collect, in the aggregate, from the sources
101.19 listed in paragraph (b), the amount needed to match grant funds
101.20 received by the state under United States Code, title 42,
101.21 section 7405 (section 105 of the federal Clean Air Act).
101.22 The agency must not include in the calculation of the aggregate
101.23 amount to be collected under clauses (1) and (2) any amount in
101.24 excess of 4,000 tons per year of each air pollutant from a
101.25 source. The increase in air permit fees to match federal grant
101.26 funds shall be a surcharge on existing fees. The commissioner
101.27 may not collect the surcharge after the grant funds become
101.28 unavailable. In addition, the commissioner shall use nonfee
101.29 funds to the extent practical to match the grant funds so that
101.30 the fee surcharge is minimized.
101.31 (d) To cover the reasonable costs described in paragraph
101.32 (b), the agency shall provide in the rules promulgated under
101.33 paragraph (c) for an increase in the fee collected in each year
101.34 by the percentage, if any, by which the Consumer Price Index for
101.35 the most recent calendar year ending before the beginning of the
101.36 year the fee is collected exceeds the Consumer Price Index for
102.1 the calendar year 1989. For purposes of this paragraph the
102.2 Consumer Price Index for any calendar year is the average of the
102.3 Consumer Price Index for all-urban consumers published by the
102.4 United States Department of Labor, as of the close of the
102.5 12-month period ending on August 31 of each calendar year. The
102.6 revision of the Consumer Price Index that is most consistent
102.7 with the Consumer Price Index for calendar year 1989 shall be
102.8 used.
102.9 (e) Any money collected under paragraphs (b) to (d) must be
102.10 deposited in an air quality account in the environmental fund
102.11 and must be used solely for the activities listed in paragraph
102.12 (b).
102.13 (f) Persons who wish to construct or expand an air emission
102.14 facility may offer to reimburse the agency for the costs of
102.15 staff overtime or consultant services needed to expedite permit
102.16 review. The reimbursement shall be in addition to fees imposed
102.17 by paragraphs (a) to (d). When the agency determines that it
102.18 needs additional resources to review the permit application in
102.19 an expedited manner, and that expediting the review would not
102.20 disrupt air permitting program priorities, the agency may accept
102.21 the reimbursement. Reimbursements accepted by the agency are
102.22 appropriated to the agency for the purpose of reviewing the
102.23 permit application. Reimbursement by a permit applicant shall
102.24 precede and not be contingent upon issuance of a permit and
102.25 shall not affect the agency's decision on whether to issue or
102.26 deny a permit, what conditions are included in a permit, or the
102.27 application of state and federal statutes and rules governing
102.28 permit determinations.
102.29 Sec. 19. Minnesota Statutes 1998, section 116.12, is
102.30 amended to read:
102.31 116.12 [HAZARDOUS WASTE ADMINISTRATION FEES.]
102.32 Subdivision 1. [FEE SCHEDULES.] The agency shall establish
102.33 the fees provided in subdivisions 2 and 3 in the manner provided
102.34 in section 16A.1285 to cover expenditures of amounts
102.35 appropriated from the environmental fund to the agency for
102.36 permitting, monitoring, inspection, and enforcement expenses of
103.1 the hazardous waste activities of the agency.
103.2 Subd. 2. [HAZARDOUS WASTE GENERATOR FEE.] (a) Each
103.3 generator of hazardous waste shall pay a fee on the hazardous
103.4 waste generated by that generator. The agency shall adopt rules
103.5 in accordance with chapter 14 establishing a system for charging
103.6 fees to generators. The rules must include the basis for
103.7 determining the amount of fees, and procedures and deadlines for
103.8 payment of fees. The agency shall base the amount of fees on
103.9 the quantity of hazardous waste generated and may charge a
103.10 minimum fee for each generator not exempted by the agency. In
103.11 adopting the fee rules, the agency shall consider:
103.12 (1) reducing the fees for generators using environmentally
103.13 beneficial hazardous waste management methods, including
103.14 recycling;
103.15 (2) the agency resources allocated to regulating the
103.16 various sizes or types of generators;
103.17 (3) adjusting fees for sizes or types of generators that
103.18 would bear a disproportionate share of the fees to be collected;
103.19 and
103.20 (4) whether implementing clauses (1) to (3) would require
103.21 excessive staff time compared to staff time available for
103.22 providing technical assistance to generators or would make the
103.23 fee system difficult for generators to understand.
103.24 (b) The agency may exempt generators of very small
103.25 quantities of hazardous wastes otherwise subject to the fee if
103.26 it finds that the cost of administering a fee on those
103.27 generators is excessive relative to the proceeds of the fee.
103.28 (c) The agency shall reduce fees charged to generators in
103.29 counties which also charge generator fees to reflect a lesser
103.30 level of activity by the agency in those counties. The fees
103.31 charged by the agency in those counties shall be collected by
103.32 the counties in the manner in which and at the same time as
103.33 those counties collect their generator fees. Counties shall
103.34 remit to the agency the amount of the fees charged by the agency
103.35 by the last day of the month following the month in which they
103.36 were collected. If a county does not collect or remit generator
104.1 fees due to the agency, the agency may collect fees from
104.2 generators in that county according to rules adopted under
104.3 paragraph (a).
104.4 (d) The agency may not impose a volume-based fee under this
104.5 subdivision on material that is reused at the facility where the
104.6 material is generated in a manner that the facility owner or
104.7 operator can demonstrate does not increase the toxicity of, or
104.8 the level of hazardous substances or pollutants or contaminants
104.9 in, products that leave the facility. The agency may impose a
104.10 flat annual fee on a facility that generates the type of
104.11 material described in the preceding sentence, provided that the
104.12 fee reflects the reasonable and necessary costs of inspections
104.13 of the facility.
104.14 Subd. 3. [FACILITY FEES.] The agency shall charge
104.15 hazardous waste facility fees including, but not limited to, an
104.16 original permit fee, a reissuance fee, a major modification fee,
104.17 and an annual facility fee for any hazardous waste facility
104.18 regulated by the agency. The agency shall adopt rules in
104.19 accordance with chapter 14 establishing a system for charging
104.20 hazardous waste facility fees. The agency may exempt facilities
104.21 otherwise subject to the fee if regulatory oversight of those
104.22 facilities is minimal. The agency may include reasonable and
104.23 necessary costs of any environmental review required under
104.24 chapter 116D in the original permit fee for any hazardous waste
104.25 facility.
104.26 Sec. 20. Minnesota Statutes 1998, section 116C.834,
104.27 subdivision 1, is amended to read:
104.28 Subdivision 1. [COSTS.] All costs incurred by the state to
104.29 carry out its responsibilities under the compact and under
104.30 sections 116C.833 to 116C.843 shall be paid by generators of
104.31 low-level radioactive waste in this state through fees assessed
104.32 by the pollution control agency. The agency shall assess the
104.33 fees in the manner provided in section 16A.1285. Fees may be
104.34 reasonably assessed on the basis of volume or degree of hazard
104.35 of the waste produced by a generator. Costs for which fees may
104.36 be assessed include, but are not limited to:
105.1 (1) the state contribution required to join the compact;
105.2 (2) the expenses of the Commission member and state agency
105.3 costs incurred to support the work of the Interstate Commission;
105.4 and
105.5 (3) regulatory costs.
105.6 Sec. 21. Minnesota Statutes 1998, section 144.98,
105.7 subdivision 3, is amended to read:
105.8 Subd. 3. [FEES.] (a) An application for certification
105.9 under subdivision 1 must be accompanied by the biennial fee
105.10 specified in this subdivision. The fees are for:
105.11 (1) base certification fee, $500; and
105.12 (2) test category certification fees:
105.13 Test Category Certification Fee
105.14 Bacteriology $200
105.15 Inorganic chemistry, fewer than four constituents $100
105.16 Inorganic chemistry, four or more constituents $300
105.17 Chemistry metals, fewer than four constituents $200
105.18 Chemistry metals, four or more constituents $500
105.19 Volatile organic compounds $600
105.20 Other organic compounds $600
105.21 (b) The total biennial certification fee is the base fee
105.22 plus the applicable test category fees. The biennial
105.23 certification fee for a contract laboratory is 1.5 times the
105.24 total certification fee.
105.25 (c) Laboratories located outside of this state that require
105.26 an on-site survey will be assessed an additional $1,200 fee.
105.27 (d) The commissioner of health may adjust fees under
105.28 section 16A.1285 without rulemaking. Fees must be set so that
105.29 the total fees support the laboratory certification program.
105.30 Direct costs of the certification service include program
105.31 administration, inspections, the agency's general support costs,
105.32 and attorney general costs attributable to the fee function.
105.33 Sec. 22. Minnesota Statutes 1998, section 176.102,
105.34 subdivision 14, is amended to read:
105.35 Subd. 14. [FEES.] The commissioner shall impose fees under
105.36 section 16A.1285 sufficient to cover the cost of approving and
106.1 monitoring qualified rehabilitation consultants, consultant
106.2 firms, and vendors of rehabilitation services. These fees are
106.3 payable to the special compensation fund.
106.4 Sec. 23. Minnesota Statutes 1998, section 183.375,
106.5 subdivision 5, is amended to read:
106.6 Subd. 5. [FEES.] All fees collected by the division of
106.7 boiler inspection shall be paid into the state treasury in the
106.8 manner provided by law for fees received by other state
106.9 departments and credited to the general fund. When fees are to
106.10 be set by the commissioner, they shall be set pursuant to
106.11 section 16A.1285.
106.12 Sec. 24. Minnesota Statutes 1998, section 223.17,
106.13 subdivision 3, is amended to read:
106.14 Subd. 3. [GRAIN BUYERS AND STORAGE FUND; FEES.] The
106.15 commissioner shall set the fees for inspections under sections
106.16 223.15 to 223.22 at levels necessary to pay the expenses of
106.17 administering and enforcing sections 223.15 to 223.22. These
106.18 fees may be adjusted pursuant to the provisions of section
106.19 16A.1285.
106.20 The fee for any license issued or renewed after June 30,
106.21 1997, shall be set according to the following schedule:
106.22 (a) $100 plus $50 for each additional location for grain
106.23 buyers whose gross annual purchases are less than $100,000;
106.24 (b) $200 plus $50 for each additional location for grain
106.25 buyers whose gross annual purchases are at least $100,000, but
106.26 not more than $750,000;
106.27 (c) $300 plus $100 for each additional location for grain
106.28 buyers whose gross annual purchases are more than $750,000 but
106.29 not more than $1,500,000;
106.30 (d) $400 plus $100 for each additional location for grain
106.31 buyers whose gross annual purchases are more than $1,500,000 but
106.32 not more than $3,000,000; and
106.33 (e) $500 plus $100 for each additional location for grain
106.34 buyers whose gross annual purchases are more than $3,000,000.
106.35 There is created in the state treasury the grain buyers and
106.36 storage fund. Money collected pursuant to sections 223.15 to
107.1 223.19 shall be paid into the state treasury and credited to the
107.2 grain buyers and storage fund and is appropriated to the
107.3 commissioner for the administration and enforcement of sections
107.4 223.15 to 223.22.
107.5 Sec. 25. Minnesota Statutes 1998, section 239.101,
107.6 subdivision 4, is amended to read:
107.7 Subd. 4. [SETTING WEIGHTS AND MEASURES FEES.] The
107.8 department shall review its schedule of inspection fees at the
107.9 end of each six months. When a review indicates that the
107.10 schedule of inspection fees should be adjusted, the commissioner
107.11 shall fix the fees by rule, in accordance with section 16A.1285,
107.12 to ensure that the fees charged are sufficient to recover all
107.13 costs connected with the inspections.
107.14 Sec. 26. Minnesota Statutes 1998, section 299M.04, is
107.15 amended to read:
107.16 299M.04 [RULES; FEES; ORDERS; PENALTIES.]
107.17 The commissioner shall adopt permanent rules for operation
107.18 of the council; regulation by municipalities; permit, filing,
107.19 inspection, certificate, and license fees; qualifications,
107.20 examination, and licensing of fire protection contractors;
107.21 certification of journeyman sprinkler fitters; registration of
107.22 apprentices; and the administration and enforcement of this
107.23 chapter. Fees must be set under section 16A.1285. Permit fees
107.24 must be a percentage of the total cost of the fire protection
107.25 work.
107.26 The commissioner may issue a cease and desist order to
107.27 cease an activity considered an immediate risk to public health
107.28 or public safety. The commissioner shall adopt permanent rules
107.29 governing when an order may be issued; how long the order is
107.30 effective; notice requirements; and other procedures and
107.31 requirements necessary to implement, administer, and enforce the
107.32 provisions of this chapter.
107.33 The commissioner, in place of or in addition to licensing
107.34 sanctions allowed under this chapter, may impose a civil penalty
107.35 not greater than $1,000 for each violation of this chapter or
107.36 rule adopted under this chapter, for each day of violation. The
108.1 commissioner shall adopt permanent rules governing and
108.2 establishing procedures for implementation, administration, and
108.3 enforcement of this paragraph.
108.4 Sec. 27. Minnesota Statutes 1998, section 326.50, is
108.5 amended to read:
108.6 326.50 [APPLICATION; FEES.]
108.7 Application for an individual contracting pipefitter
108.8 competency or an individual journeyman pipefitter competency
108.9 license shall be made to the department of labor and industry,
108.10 with fees. The applicant shall be licensed only after passing
108.11 an examination by the department of labor and industry. Fees
108.12 and conditions for renewal of an individual contracting
108.13 pipefitter competency or an individual journeyman pipefitter
108.14 competency license shall be determined by the department by rule
108.15 under chapter 14 and section 16A.1285.
108.16 Sec. 28. Minnesota Statutes 1998, section 326.86,
108.17 subdivision 1, is amended to read:
108.18 Subdivision 1. [LICENSING FEE.] The licensing fee for
108.19 persons licensed pursuant to sections 326.83 to 326.991 is $75
108.20 per year. The commissioner may adjust the fees under section
108.21 16A.1285 to recover the costs of administration and
108.22 enforcement. The fees must be limited to the cost of license
108.23 administration and enforcement and must be deposited in the
108.24 state treasury and credited to the general fund.
108.25 Sec. 29. [EFFECTIVE DATE.]
108.26 This article is effective July 1, 2001.