1.1 A bill for an act
1.2 relating to state government; appropriating money for
1.3 the general legislative and administrative expenses of
1.4 state government, criminal justice, and economic
1.5 development; modifying provisions relating to state
1.6 and local government operations; modifying certain fee
1.7 and revenue provisions; modifying certain board and
1.8 commission provisions; modifying certain public safety
1.9 and judiciary provisions; amending Minnesota Statutes
1.10 2002, sections 3.885, subdivision 1; 3A.11,
1.11 subdivision 1; 10A.02, by adding a subdivision;
1.12 10A.025, subdivision 2; 10A.04, by adding
1.13 subdivisions; 10A.34, subdivision 1a, by adding a
1.14 subdivision; 13.072, subdivisions 1, 2; 13.87,
1.15 subdivision 3; 14.48, subdivision 3; 16A.11,
1.16 subdivision 3; 16A.1285, subdivision 3; 16A.40;
1.17 16B.24, subdivision 5; 16B.465, subdivision 7; 16B.48,
1.18 subdivision 2; 16B.54, by adding a subdivision;
1.19 16C.02, subdivision 6; 16C.05, subdivision 2, by
1.20 adding a subdivision; 16C.06, subdivision 1; 16C.08,
1.21 subdivisions 2, 3, 4, by adding a subdivision; 16D.08,
1.22 subdivision 2; 16E.01, subdivision 3; 16E.07,
1.23 subdivision 9; 43A.17, subdivision 9; 116J.8771;
1.24 154.18; 197.608; 239.101, subdivision 3, by adding a
1.25 subdivision; 240.03; 240.10; 240.15, subdivision 6;
1.26 240.155, subdivision 1; 240A.03, subdivision 10;
1.27 240A.04; 240A.06, subdivision 1; 256B.435, subdivision
1.28 2a; 270.052; 270.44; 270A.07, subdivision 1; 271.06,
1.29 subdivision 4; 289A.08, subdivision 16; 299C.10,
1.30 subdivision 4, by adding a subdivision; 299C.48;
1.31 299F.46, subdivision 1, by adding subdivisions;
1.32 299M.03, by adding a subdivision; 303.14; 340A.301, by
1.33 adding a subdivision; 349A.08, subdivision 5; 349A.15;
1.34 357.021, subdivisions 2, 7; 357.022; 357.08; 403.02,
1.35 subdivision 10; 403.06; 403.07, subdivisions 1, 2, 3;
1.36 403.09, subdivision 1; 403.11; 403.113; 473.891,
1.37 subdivision 10, by adding a subdivision; 473.898,
1.38 subdivisions 1, 3; 473.901; 473.902, by adding a
1.39 subdivision; 473.907, subdivision 1; 611A.72; 611A.73,
1.40 subdivisions 2, 6; 611A.74; 624.22, subdivision 1;
1.41 Laws 1998, chapter 366, section 80, as amended; Laws
1.42 2001, First Special Session chapter 8, article 4,
1.43 section 2; proposing coding for new law in Minnesota
1.44 Statutes, chapters 5; 15; 16C; 326; 473; repealing
1.45 Minnesota Statutes 2002, sections 16B.50; 16C.07;
1.46 123B.73.
2.1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.2 ARTICLE 1
2.3 STATE GOVERNMENT APPROPRIATIONS
2.4 Section 1. [STATE GOVERNMENT APPROPRIATIONS.]
2.5 The sums shown in the columns marked "APPROPRIATIONS" are
2.6 appropriated from the general fund, or another fund named, to
2.7 the agencies and for the purposes specified in this act, to be
2.8 available for the fiscal years indicated for each purpose. The
2.9 figures "2003," "2004," and "2005," where used in this act, mean
2.10 that the appropriation or appropriations listed under them are
2.11 available for the year ending June 30, 2003, June 30, 2004, or
2.12 June 30, 2005, respectively.
2.13 SUMMARY BY FUND
2.14 2004 2005 TOTAL
2.15 General $ 269,925,000 $ 268,853,000 $ 538,778,000
2.16 For 2003 - $369,000
2.17 Health Care
2.18 Access 1,782,000 1,782,000 3,564,000
2.19 State Government
2.20 Special Revenue 2,012,000 1,991,000 4,003,000
2.21 Environmental 520,000 436,000 956,000
2.22 Remediation 484,000 484,000 968,000
2.23 Special Revenue 421,000 421,000 842,000
2.24 Highway User Tax
2.25 Distribution 2,097,000 2,097,000 4,194,000
2.26 Workers'
2.27 Compensation 8,080,000 8,143,000 16,223,000
2.28 TOTAL $ 285,321,000 $ 284,207,000 $ 569,628,000
2.29 APPROPRIATIONS
2.30 Available for the Year
2.31 Ending June 30
2.32 2004 2005
2.33 Sec. 2. LEGISLATURE
2.34 Subdivision 1. Total
2.35 Appropriation $57,947,000 $57,947,000
2.36 Summary by Fund
2.37 General 57,819,000 57,819,000
2.38 Health Care Access 128,000 128,000
2.39 The amounts that may be spent from this
2.40 appropriation for each program are
2.41 specified in the following subdivisions.
3.1 Subd. 2. Senate
3.2 19,532,000 19,532,000
3.3 Subd. 3. House of Representatives
3.4 24,999,000 24,999,000
3.5 Subd. 4. Legislative
3.6 Coordinating Commission
3.7 13,416,000 13,416,000
3.8 Summary by Fund
3.9 General 13,288,000 13,288,000
3.10 Health Care Access 128,000 128,000
3.11 $5,431,000 the first year and
3.12 $5,431,000 the second year are for the
3.13 office of the revisor of statutes.
3.14 $1,175,000 the first year and
3.15 $1,175,000 the second year are for the
3.16 legislative reference library.
3.17 $5,012,000 the first year and
3.18 $5,012,000 the second year are for the
3.19 office of the legislative auditor and
3.20 legislative audit commission.
3.21 $25,000 from the general fund and
3.22 $128,000 from the health care access
3.23 fund in the first year, and $25,000
3.24 from the general fund and $128,000 from
3.25 the health care access fund in the
3.26 second year are for expenses related to
3.27 the health care commission.
3.28 During the biennium ending June 30,
3.29 2005, the legislative coordinating
3.30 commission, the office of the
3.31 legislative auditor, and the office of
3.32 the revisor of statutes are not subject
3.33 to the limitations in uses of funds
3.34 provided under Minnesota Statutes,
3.35 section 16A.281.
3.36 During the biennium ending June 30,
3.37 2005, a legislative commission or
3.38 subcommittee of the legislative
3.39 coordinating commission may by
3.40 resolution adopt per diem payments for
3.41 members attending commission meetings
3.42 that are less than the payments
3.43 permitted by rules of the house of
3.44 representatives and the senate.
3.45 (a) If the legislative coordinating
3.46 commission requires employees under its
3.47 jurisdiction to take temporary leave
3.48 without pay during the biennium ending
3.49 June 30, 2005, the first 80 hours of
3.50 leave without pay in fiscal year 2004
3.51 and the first 80 hours of leave without
3.52 pay in fiscal year 2005 are governed by
3.53 this paragraph. The commission must
3.54 permit employees taking this leave to
3.55 continue accruing vacation and sick
3.56 leave, be eligible for paid holidays
4.1 and insurance benefits, accrue
4.2 seniority, and accrue service credit
4.3 and credited salary in state retirement
4.4 plans permitting service credits for
4.5 authorized leaves of absence as if the
4.6 employee had actually been employed
4.7 during the time of the leave. The
4.8 commission may make the employer
4.9 contribution to the employee's
4.10 retirement plan if the employee
4.11 participates in a defined contribution
4.12 plan. If the leave without pay is for
4.13 one full pay period or longer, any
4.14 holiday pay must be included in the
4.15 first payroll warrant after return from
4.16 the leave. Managers must attempt to
4.17 schedule leaves to meet the needs of
4.18 employees and the need to continue
4.19 efficient operation of their offices.
4.20 (b) Notwithstanding Minnesota Statutes,
4.21 section 43A.18, subdivisions 2 and 3,
4.22 the legislative coordinating commission
4.23 may require employees in the office of
4.24 the legislative auditor whose terms and
4.25 conditions of employment are determined
4.26 through the commissioner and managerial
4.27 compensation plans to take leave
4.28 without pay as described in paragraph
4.29 (a).
4.30 Sec. 3. GOVERNOR AND
4.31 LIEUTENANT GOVERNOR 3,206,000 3,206,000
4.32 This appropriation is to fund the
4.33 offices of the governor and lieutenant
4.34 governor.
4.35 $19,000 the first year and $19,000 the
4.36 second year are for necessary expenses
4.37 in the normal performance of the
4.38 governor's and lieutenant governor's
4.39 duties for which no other reimbursement
4.40 is provided.
4.41 By September 1 of each year, the
4.42 commissioner of finance shall report to
4.43 the chairs of the senate governmental
4.44 operations budget division and the
4.45 house state government finance division
4.46 any personnel costs incurred by the
4.47 office of the governor and lieutenant
4.48 governor that were supported by
4.49 appropriations to other agencies during
4.50 the previous fiscal year. The office
4.51 of the governor shall inform the chairs
4.52 of the divisions before initiating any
4.53 interagency agreements.
4.54 Sec. 4. STATE AUDITOR 8,306,000 8,306,000
4.55 $6,513,000 the first year and
4.56 $6,513,000 the second year are for the
4.57 audit practice division. The state
4.58 auditor shall recover by fee
4.59 $13,026,000 for the biennium and
4.60 deposit this amount as a nondedicated
4.61 receipt to the general fund as provided
4.62 in Minnesota Statutes, section 6.58.
4.63 Sec. 5. ATTORNEY GENERAL 24,875,000 24,854,000
5.1 Summary by Fund
5.2 General 22,634,000 22,634,000
5.3 State Government
5.4 Special Revenue 1,612,000 1,591,000
5.5 Environmental 145,000 145,000
5.6 Remediation 484,000 484,000
5.7 Sec. 6. SECRETARY OF STATE 6,016,000 6,136,000
5.8 For 2003 - $369,000
5.9 $369,000 is appropriated in fiscal year
5.10 2003 from the general fund to the
5.11 secretary of state for payment of the
5.12 attorney fees awarded by court order in
5.13 Zachman et al. vs. Kiffmeyer et al.
5.14 This is a onetime appropriation and not
5.15 added to the secretary of state's base
5.16 budget.
5.17 $104,000 the first year and $104,000
5.18 the second year are for maintaining
5.19 services for business customers.
5.20 In the office's biennial budget
5.21 submission for the 2006-2007 biennium,
5.22 each direct and indirect cost
5.23 associated with operating the business
5.24 services units and the election unit of
5.25 the office must be itemized for each of
5.26 these two functional areas.
5.27 Sec. 7. CAMPAIGN FINANCE AND
5.28 PUBLIC DISCLOSURE BOARD 712,000 712,000
5.29 Sec. 8. INVESTMENT BOARD 2,408,000 2,408,000
5.30 Sec. 9. ADMINISTRATIVE HEARINGS 7,980,000 8,043,000
5.31 This appropriation is from the workers'
5.32 compensation fund.
5.33 Sec. 10. OFFICE OF STRATEGIC
5.34 AND LONG-RANGE PLANNING 3,264,000 3,264,000
5.35 Sec. 11. ADMINISTRATION
5.36 Subdivision 1. Total
5.37 Appropriation 24,825,000 21,825,000
5.38 The amounts that may be spent from this
5.39 appropriation for each program are
5.40 specified in the following subdivisions.
5.41 Subd. 2. Operations Management
5.42 2,669,000 2,669,000
5.43 The commissioner of administration, in
5.44 consultation with the commissioner of
5.45 finance, must identify savings from
5.46 reduced usage of vehicles and
5.47 telecommunication devices equal to
5.48 $10,000,000 for the fiscal year
5.49 2004-2005 biennium. The savings must
5.50 be deposited into the general fund by
5.51 June 30, 2005.
6.1 Subd. 3. Office of Technology
6.2 3,479,000 2,479,000
6.3 $1,000,000 in the first year is to be
6.4 transferred to the technology
6.5 enterprise fund.
6.6 Subd. 4. Facilities Management
6.7 13,041,000 11,041,000
6.8 $7,888,000 the first year and
6.9 $7,888,000 the second year are for
6.10 office space costs of the legislature
6.11 and veterans organizations, for
6.12 ceremonial space, and for statutorily
6.13 free space.
6.14 $2,000,000 in the first year is for
6.15 onetime agency relocations as a result
6.16 of implementing the CORE report
6.17 recommendations.
6.18 Subd. 5. Management Services
6.19 2,854,000 2,854,000
6.20 $196,000 the first year and $196,000
6.21 the second year are for the office of
6.22 the state archaeologist.
6.23 $74,000 the first year and $74,000 the
6.24 second year are for the developmental
6.25 disabilities council.
6.26 Subd. 6. Public Broadcasting
6.27 2,782,000 2,782,000
6.28 $1,392,000 the first year and
6.29 $1,392,000 the second year are for
6.30 matching grants for public television.
6.31 $283,000 the first year and $283,000
6.32 the second year are for public
6.33 television equipment grants.
6.34 Equipment or matching grant allocations
6.35 shall be made after considering the
6.36 recommendations of the Minnesota public
6.37 television association.
6.38 $423,000 the first year and $423,000
6.39 the second year are for grants and for
6.40 contracts with the senate and house of
6.41 representatives for public information
6.42 television, Internet, and other
6.43 transmission of legislative
6.44 activities. At least one-half must go
6.45 for programming to be broadcast and
6.46 transmitted to rural Minnesota.
6.47 $20,000 the first year and $20,000 the
6.48 second year are for grants to the Twin
6.49 Cities regional cable channel.
6.50 $258,000 the first year and $258,000
6.51 the second year are for community
6.52 service grants to public educational
6.53 radio stations.
7.1 $74,000 the first year and $74,000 the
7.2 second year are for equipment grants to
7.3 public educational radio stations. The
7.4 grants must be allocated after
7.5 considering the recommendations of the
7.6 association of Minnesota public
7.7 educational radio stations under
7.8 Minnesota Statutes, section 129D.14.
7.9 $332,000 the first year and $332,000
7.10 the second year are for equipment
7.11 grants to Minnesota Public Radio, Inc.
7.12 If an appropriation for either year for
7.13 grants to public television or radio
7.14 stations is not sufficient, the
7.15 appropriation for the other year is
7.16 available for it.
7.17 Sec. 12. CAPITOL AREA ARCHITECTURAL
7.18 AND PLANNING BOARD 278,000 278,000
7.19 During the biennium ending June 30,
7.20 2005, money received by the board from
7.21 public agencies, as provided by
7.22 Minnesota Statutes, section 15.50,
7.23 subdivision 3, is appropriated to the
7.24 board.
7.25 Sec. 13. FINANCE
7.26 Subdivision 1. Total
7.27 Appropriation 15,216,000 15,216,000
7.28 The amounts that may be spent from this
7.29 appropriation for each program are
7.30 specified in the following subdivisions.
7.31 Subd. 2. State Financial Management
7.32 8,711,000 8,711,000
7.33 Subd. 3. Information and
7.34 Management Services
7.35 6,505,000 6,505,000
7.36 Sec. 14. EMPLOYEE RELATIONS
7.37 Subdivision 1. Total
7.38 Appropriation 6,188,000 6,188,000
7.39 The amounts that may be spent from this
7.40 appropriation for each program are
7.41 specified in the following subdivisions.
7.42 Subd. 2. Employee Insurance
7.43 63,000 63,000
7.44 Subd. 3. Human Resources Management
7.45 6,125,000 6,125,000
7.46 The commissioner of employee relations
7.47 shall convene a work group to study the
7.48 structure of current human resources
7.49 processes and responsibilities related
7.50 to technology systems. The study
7.51 should include:
8.1 (1) an analysis of the current division
8.2 of labor for completing standard human
8.3 resource electronic transactions;
8.4 (2) opportunities for improvements to
8.5 the current structure that will create
8.6 more effective and efficient methods of
8.7 operation;
8.8 (3) the recommended course of action to
8.9 maximize the use of statewide systems
8.10 and resources; and
8.11 (4) a plan to address any fiscal impact
8.12 necessitated by the proposed plan.
8.13 The commissioner must provide a report
8.14 of findings to the chairs of the house
8.15 state government finance committee and
8.16 senate state government budget division
8.17 by January 19, 2004.
8.18 Sec. 15. REVENUE
8.19 Subdivision 1. Total
8.20 Appropriation 92,392,000 95,127,000
8.21 Summary by Fund
8.22 General 88,266,000 91,085,000
8.23 Health Care Access 1,654,000 1,654,000
8.24 Highway User
8.25 Tax Distribution 2,097,000 2,097,000
8.26 Environmental 375,000 291,000
8.27 The amounts that may be spent from this
8.28 appropriation for each program are
8.29 specified in the following subdivisions.
8.30 Subd. 2. Tax System Management
8.31 78,140,000 80,063,000
8.32 Summary by Fund
8.33 General 74,014,000 76,021,000
8.34 Health Care Access 1,654,000 1,654,000
8.35 Highway User
8.36 Tax Distribution 2,097,000 2,097,000
8.37 Environmental 375,000 291,000
8.38 $1,840,000 the first year and
8.39 $4,047,000 the second year are for
8.40 additional activities to identify and
8.41 collect tax liabilities from
8.42 individuals and businesses that
8.43 currently do not pay all taxes owed.
8.44 This initiative is expected to result
8.45 in new general fund revenues of
8.46 $46,119,000 for the biennium ending
8.47 June 30, 2005.
8.48 The department must report to the
8.49 chairs of the house ways and means and
8.50 senate finance committees by March 1,
9.1 2004, and January 15, 2005, on the
9.2 following performance indicators:
9.3 (1) the number of corporations
9.4 noncompliant with the corporate tax
9.5 system each year and the percentage and
9.6 dollar amounts of valid tax liabilities
9.7 collected;
9.8 (2) the number of businesses
9.9 noncompliant with the sales and use tax
9.10 system and the percentage and dollar
9.11 amounts of the valid tax liabilities
9.12 collected; and
9.13 (3) the number of individual
9.14 noncompliant cases resolved and the
9.15 percentage and dollar amounts of valid
9.16 tax liabilities collected.
9.17 The reports must also identify base
9.18 level expenditures and staff positions
9.19 related to compliance and audit
9.20 activities, including baseline
9.21 information as of January 1, 2002. The
9.22 information must be provided at the
9.23 budget activity level.
9.24 $30,000 from the general fund the first
9.25 year and $30,000 from the general fund
9.26 the second year are for the preparation
9.27 of the income tax sample.
9.28 $200,000 is appropriated from the
9.29 general fund to the commissioner of
9.30 revenue to make grants to one or more
9.31 nonprofit organizations, qualifying
9.32 under section 501(c)(3) of the Internal
9.33 Revenue Code of 1986, to coordinate,
9.34 facilitate, encourage, and aid in the
9.35 provision of taxpayer assistance
9.36 services. This appropriation is
9.37 available for fiscal years 2004 and
9.38 2005 and does not become a part of the
9.39 base. "Taxpayer assistance services"
9.40 means accounting and tax preparation
9.41 services provided by volunteers to
9.42 low-income and disadvantaged Minnesota
9.43 residents to help them file federal and
9.44 state income tax returns and Minnesota
9.45 property tax refund claims and to
9.46 provide personal representation before
9.47 the department of revenue and Internal
9.48 Revenue Service.
9.49 Subd. 3. Accounts Receivable Management
9.50 14,252,000 15,064,000
9.51 $1,210,000 the first year and
9.52 $2,022,000 the second year are for
9.53 additional activities to identify and
9.54 collect tax liabilities from
9.55 individuals and businesses that
9.56 currently do not pay all taxes owed.
9.57 Sec. 16. MILITARY AFFAIRS
9.58 Subdivision 1. Total
9.59 Appropriation 12,279,000 12,279,000
10.1 The amounts that may be spent from this
10.2 appropriation for each program are
10.3 specified in the following subdivisions.
10.4 Subd. 2. Maintenance of Training
10.5 Facilities
10.6 5,590,000 5,590,000
10.7 Subd. 3. General Support
10.8 1,757,000 1,757,000
10.9 Subd. 4. Enlistment Incentives
10.10 4,857,000 4,857,000
10.11 If appropriations for either year of
10.12 the biennium are insufficient, the
10.13 appropriation from the other year is
10.14 available. The appropriations for
10.15 enlistment incentives are available
10.16 until expended.
10.17 $500,000 of the appropriation in Laws
10.18 2001, First Special Session chapter 10,
10.19 article 1, section 17, subdivision 4,
10.20 for enlistment incentives is canceled
10.21 to the general fund.
10.22 Subd. 5. Emergency Services
10.23 75,000 75,000
10.24 These appropriations are for expenses
10.25 of military forces ordered to active
10.26 duty under Minnesota Statutes, chapter
10.27 192. If the appropriation for either
10.28 year is insufficient, the appropriation
10.29 for the other year is available for it.
10.30 Sec. 17. VETERANS AFFAIRS 4,188,000 4,138,000
10.31 $186,000 of the appropriation in Laws
10.32 1997, chapter 202, article 1, section
10.33 19, and Laws 1999, chapter 250, article
10.34 1, section 18, for the Gulf War bonus
10.35 program is canceled to the general fund.
10.36 $10,000 of the appropriation in Laws
10.37 1997, chapter 202, article 1, section
10.38 19, for the Park Rapids veterans
10.39 memorial is canceled to the general
10.40 fund.
10.41 $200,000 the first year and $150,000
10.42 the second year are for grants to
10.43 Vinland Center. This is a onetime
10.44 appropriation and does not become part
10.45 of the base.
10.46 Sec. 18. VETERANS OF FOREIGN
10.47 WARS 55,000 55,000
10.48 For carrying out the provisions of Laws
10.49 1945, chapter 455.
10.50 Sec. 19. MILITARY ORDER OF
10.51 THE PURPLE HEART 20,000 20,000
10.52 Sec. 20. DISABLED AMERICAN VETERANS 13,000 13,000
11.1 For carrying out the provisions of Laws
11.2 1941, chapter 425.
11.3 Sec. 21. GAMBLING CONTROL 3,292,000 3,226,000
11.4 $866,000 the first year and $800,000
11.5 the second year are from the general
11.6 fund for increased gambling enforcement.
11.7 Sec. 22. RACING COMMISSION 525,000 421,000
11.8 Summary by Fund
11.9 General 104,000 -0-
11.10 Special Revenue 421,000 421,000
11.11 The general fund appropriation in
11.12 fiscal year 2004 is intended to assist
11.13 with the transition to fee-based
11.14 funding. The commissioner of finance
11.15 must approve the use of this onetime
11.16 appropriation and require that it be
11.17 reimbursed to the general fund from the
11.18 special revenue fund.
11.19 Sec. 23. STATE LOTTERY
11.20 Notwithstanding Minnesota Statutes,
11.21 section 349A.10, the operating budget
11.22 must not exceed $43,538,000 in fiscal
11.23 year 2004 and $43,538,000 in fiscal
11.24 year 2005 and thereafter. The savings
11.25 must be transferred 60 percent to the
11.26 general fund in the state treasury and
11.27 40 percent to the Minnesota environment
11.28 and natural resources trust fund in the
11.29 state treasury.
11.30 Sec. 24. AMATEUR SPORTS
11.31 COMMISSION 525,000 525,000
11.32 Sec. 25. TORT CLAIMS 161,000 161,000
11.33 To be spent by the commissioner of
11.34 finance.
11.35 If the appropriation for either year is
11.36 insufficient, the appropriation for the
11.37 other year is available for it.
11.38 Sec. 26. MINNESOTA STATE
11.39 RETIREMENT SYSTEM 2,518,000 2,727,000
11.40 The amounts estimated to be needed for
11.41 each program are as follows:
11.42 (a) Legislators
11.43 2,150,000 2,300,000
11.44 Under Minnesota Statutes, sections
11.45 3A.03, subdivision 2; 3A.04,
11.46 subdivisions 3 and 4; and 3A.11.
11.47 (b) Constitutional Officers
11.48 368,000 427,000
11.49 Under Minnesota Statutes, sections
11.50 352C.031, subdivision 5; 352C.04,
12.1 subdivision 3; and 352C.09, subdivision
12.2 2.
12.3 If an appropriation in this section for
12.4 either year is insufficient, the
12.5 appropriation for the other year is
12.6 available for it.
12.7 Sec. 27. MINNEAPOLIS EMPLOYEES
12.8 RETIREMENT FUND 6,632,000 6,632,000
12.9 Sec. 28. GENERAL CONTINGENT
12.10 ACCOUNTS 1,500,000 500,000
12.11 Summary by Fund
12.12 General 1,000,000 -0-
12.13 State Government
12.14 Special Revenue 400,000 400,000
12.15 Workers'
12.16 Compensation 100,000 100,000
12.17 The appropriations in this section may
12.18 only be spent with the approval of the
12.19 governor after consultation with the
12.20 legislative advisory commission
12.21 pursuant to Minnesota Statutes, section
12.22 3.30.
12.23 If an appropriation in this section for
12.24 either year is insufficient, the
12.25 appropriation for the other year is
12.26 available for it.
12.27 Sec. 29. [EFFECTIVE DATE.]
12.28 The appropriations for fiscal year 2003 are effective the
12.29 day following final enactment. All other appropriations are
12.30 effective July 1, 2003.
12.31 ARTICLE 2
12.32 STATE GOVERNMENT OPERATIONS
12.33 Section 1. Minnesota Statutes 2002, section 3.885,
12.34 subdivision 1, is amended to read:
12.35 Subdivision 1. [MEMBERSHIP.] The legislative commission on
12.36 planning and fiscal policy consists of 18 nine members of the
12.37 senate appointed by the subcommittee on committees of the
12.38 committee on rules and administration and nine members of the
12.39 house of representatives appointed by the legislative
12.40 coordinating commission speaker. Vacancies on the commission
12.41 are filled in the same manner as original appointments. The
12.42 commission shall elect a chair and a vice-chair from among its
12.43 members. The chair alternates between a member of the senate
12.44 and a member of the house in January of each odd-numbered year.
13.1 Sec. 2. Minnesota Statutes 2002, section 3A.11,
13.2 subdivision 1, is amended to read:
13.3 Subdivision 1. [TRANSFER OF RESERVES.] The reserves costs
13.4 necessary to fund the retirement allowance granted pursuant to
13.5 section 3A.02 to a former legislator upon retirement shall be
13.6 appropriated from the general fund to the director and shall be
13.7 transferred by the director to the Minnesota postretirement
13.8 investment fund as of the last business day of the month in
13.9 which the retirement allowance begins to accrue in accord with
13.10 section 11A.18. The amount of the transfer shall be determined
13.11 by or determined under a procedure specified by the actuary
13.12 retained by the legislative commission on pensions and
13.13 retirement, in accord with the appropriate mortality table
13.14 adopted by the board of directors of the Minnesota state
13.15 retirement system based on the experience of the plan as
13.16 recommended by the commission-retained actuary and the interest
13.17 rate assumption specified in section 356.215, subdivision 8 for
13.18 payment of pension obligations due to the retiree as provided in
13.19 this chapter.
13.20 Sec. 3. [5.30] [HELP AMERICA VOTE ACT ACCOUNT.]
13.21 Subdivision 1. [ESTABLISHMENT.] The Help America Vote Act
13.22 account is established as an account in the state treasury.
13.23 Money received from the federal government under the Help
13.24 America Vote Act, Public Law 107-252, must be deposited in the
13.25 state treasury and credited to the account. Money appropriated
13.26 from the general fund to meet the matching requirement of
13.27 section 253(b)(5) of the Help America Vote Act must be
13.28 transferred to the account. Money earned from investing the
13.29 assets of the account must be credited to the account. Money in
13.30 the account does not cancel but remains available until
13.31 expended. The account is subject to the requirements of section
13.32 254(b) of the Help America Vote Act.
13.33 Subd. 2. [APPROPRIATION.] Notwithstanding section 4.07,
13.34 money in the Help America Vote Act account may be spent only
13.35 pursuant to direct appropriations enacted from time to time by
13.36 law. Money in the account must be spent to improve
14.1 administration of elections in accordance with the Help America
14.2 Vote Act and the state plan certified by the governor under the
14.3 act and for reporting and administrative requirements under the
14.4 act and plan. Money in the account must be used in a manner
14.5 that is consistent with the maintenance of effort requirements
14.6 of section 254(a)(7) of the Help America Vote Act, Public Law
14.7 107-252, based on the level of state expenditures for the fiscal
14.8 year ending June 30, 2000.
14.9 [EFFECTIVE DATE.] This section is effective retroactively
14.10 to the full extent permitted by the Help America Vote Act,
14.11 Public Law 107-252.
14.12 Sec. 4. Minnesota Statutes 2002, section 10A.02, is
14.13 amended by adding a subdivision to read:
14.14 Subd. 15. [DISPOSITION OF FEES.] The board must deposit
14.15 all fees collected under this chapter into the general fund in
14.16 the state treasury.
14.17 Sec. 5. Minnesota Statutes 2002, section 10A.025,
14.18 subdivision 2, is amended to read:
14.19 Subd. 2. [PENALTY FOR FALSE STATEMENTS.] A report or
14.20 statement required to be filed under this chapter must be signed
14.21 and certified as true by the individual required to file the
14.22 report. The signature may be an electronic signature consisting
14.23 of a password assigned by the board. An individual who signs
14.24 and certifies to be true a report or statement knowing it
14.25 contains false information or who knowingly omits required
14.26 information is guilty of a gross misdemeanor and subject to a
14.27 civil penalty imposed by the board of up to $3,000.
14.28 Sec. 6. Minnesota Statutes 2002, section 10A.04, is
14.29 amended by adding a subdivision to read:
14.30 Subd. 1a. [FEE.] Along with the report filed January 15,
14.31 the lobbyist must pay a fee for each individual, association,
14.32 political subdivision, or public higher education system on
14.33 whose behalf the lobbyist has been engaged and for whom the
14.34 lobbyist is reporting. No fee is due for lobbying done on
14.35 behalf of a charitable organization recognized by the Internal
14.36 Revenue Service as exempt from taxation under section 501(c)(3)
15.1 of the Internal Revenue Code of 1986. The fee must be no more
15.2 than necessary to cover the cost of administering sections
15.3 10A.03 to 10A.06. The amount of the fee is $113 per client,
15.4 subject to change for each biennium in accordance with the
15.5 budget request made by the board. A person who has not paid the
15.6 fee required by this section is prohibited from acting as a
15.7 lobbyist.
15.8 Sec. 7. Minnesota Statutes 2002, section 10A.04, is
15.9 amended by adding a subdivision to read:
15.10 Subd. 7a. [TRANSITION.] Lobbyists that are registered on
15.11 the effective date of this section must pay the fee for initial
15.12 registration required by this section within 60 days after the
15.13 effective date of this section. This subdivision expires August
15.14 1, 2004.
15.15 Sec. 8. Minnesota Statutes 2002, section 10A.34,
15.16 subdivision 1a, is amended to read:
15.17 Subd. 1a. [RECOVERING LATE FEES AND PENALTIES.] The board
15.18 may bring an action in the district court in Ramsey county to
15.19 recover a fee, late filing fee, or penalty imposed under this
15.20 chapter. Money recovered must be deposited in the general fund
15.21 of the state.
15.22 Sec. 9. Minnesota Statutes 2002, section 10A.34, is
15.23 amended by adding a subdivision to read:
15.24 Subd. 4. [FAILURE TO PAY FEE; PENALTY.] The board must
15.25 send by certified mail a notice to any person who fails to pay
15.26 when due a fee required by this chapter. The board must send by
15.27 certified mail to any person who fails to pay a fee within 14
15.28 days after the first notice was sent by the board an additional
15.29 notice that the person may be subject to a civil penalty for
15.30 failure to pay the fee. A person who fails to pay the fee
15.31 within seven days after the second notice was sent by the board
15.32 is subject to a civil penalty imposed by the board of up to
15.33 $1,000.
15.34 Sec. 10. Minnesota Statutes 2002, section 13.072,
15.35 subdivision 1, is amended to read:
15.36 Subdivision 1. [OPINION; WHEN REQUIRED.] (a) Upon request
16.1 of a state agency, statewide system, or political
16.2 subdivision government entity, the commissioner may give a
16.3 written opinion on any question relating to public access to
16.4 government data, rights of subjects of data, or classification
16.5 of data under this chapter or other Minnesota statutes governing
16.6 government data practices. Upon request of any person who
16.7 disagrees with a determination regarding data practices made by
16.8 a state agency, statewide system, or political
16.9 subdivision government entity, the commissioner may give a
16.10 written opinion regarding the person's rights as a subject of
16.11 government data or right to have access to government data.
16.12 (b) Upon request of a body subject to chapter 13D, the
16.13 commissioner may give a written opinion on any question relating
16.14 to the body's duties under chapter 13D. Upon request of a
16.15 person who disagrees with the manner in which members of a
16.16 governing body perform their duties under chapter 13D, the
16.17 commissioner may give a written opinion on compliance with
16.18 chapter 13D. A governing body or person requesting an opinion
16.19 under this paragraph must pay the commissioner a fee of $200.
16.20 Fees collected must be deposited in a special revenue fund and
16.21 are appropriated to the commissioner to cover the cost of
16.22 issuing opinions.
16.23 (c) If the commissioner determines that no opinion will be
16.24 issued, the commissioner shall give the state agency, statewide
16.25 system, political subdivision, government entity or body subject
16.26 to chapter 13D or person requesting the opinion notice of the
16.27 decision not to issue the opinion within five days of receipt of
16.28 the request. If this notice is not given, the commissioner
16.29 shall issue an opinion within 20 days of receipt of the request.
16.30 (d) For good cause and upon written notice to the person
16.31 requesting the opinion, the commissioner may extend this
16.32 deadline for one additional 30-day period. The notice must
16.33 state the reason for extending the deadline. The state agency,
16.34 statewide system, government entity or political subdivision the
16.35 members of a body subject to chapter 13D must be provided a
16.36 reasonable opportunity to explain the reasons for its decision
17.1 regarding the data or how they perform their duties under
17.2 chapter 13D. The commissioner or the state agency, statewide
17.3 system, government entity or political subdivision body subject
17.4 to chapter 13D may choose to give notice to the subject of the
17.5 data concerning the dispute regarding the data or compliance
17.6 with chapter 13D.
17.7 (b) (e) This section does not apply to a determination made
17.8 by the commissioner of health under section 13.3805, subdivision
17.9 1, paragraph (b), or 144.6581.
17.10 (c) (f) A written opinion issued by the attorney general
17.11 shall take precedence over an opinion issued by the commissioner
17.12 under this section.
17.13 Sec. 11. Minnesota Statutes 2002, section 13.072,
17.14 subdivision 2, is amended to read:
17.15 Subd. 2. [EFFECT.] Opinions issued by the commissioner
17.16 under this section are not binding on the state agency,
17.17 statewide system, government entity or political subdivision
17.18 members of a body subject to chapter 13D whose data or
17.19 performance of duties is the subject of the opinion, but an
17.20 opinion described in subdivision 1, paragraph (a), must be given
17.21 deference by a court in a proceeding involving the data. The
17.22 commissioner shall arrange for public dissemination of opinions
17.23 issued under this section. This section does not preclude a
17.24 person from bringing any other action under this chapter or
17.25 other law in addition to or instead of requesting a written
17.26 opinion. A government entity, members of a body subject to
17.27 chapter 13D, or person that acts in conformity with a written
17.28 opinion of the commissioner issued to the government entity,
17.29 members, or person or to another party is not liable for
17.30 compensatory or exemplary damages or awards of attorneys fees in
17.31 actions under section 13.08 or for a penalty under section 13.09
17.32 or for fines, awards of attorney fees, or any other penalty
17.33 under chapter 13D. A member of a body subject to chapter 13D is
17.34 not subject to forfeiture of office if the member was acting in
17.35 reliance on an opinion.
17.36 Sec. 12. Minnesota Statutes 2002, section 14.48,
18.1 subdivision 3, is amended to read:
18.2 Subd. 3. [ADMINISTRATIVE LAW JUDGES AND COMPENSATION
18.3 JUDGES.] (a) All administrative law judges and compensation
18.4 judges shall be in the classified service except that the chief
18.5 administrative law judge shall be in the unclassified service,
18.6 but may be removed only for cause.
18.7 (b) All administrative law judges and workers' compensation
18.8 judges must be learned in the law and must be free of any
18.9 political or economic association that would impair their
18.10 ability to function in a fair and impartial manner.
18.11 Administrative law judges shall have demonstrated knowledge of
18.12 administrative procedures and workers' compensation judges shall
18.13 have demonstrated knowledge of workers' compensation laws.
18.14 (c) The appointment of individuals as workers' compensation
18.15 judges or as administrative law judges does not preclude the
18.16 chief administrative law judge from establishing a system of
18.17 training to enable them to acquire demonstrable knowledge and to
18.18 become qualified to conduct hearings in the area other than the
18.19 area of their original appointment. Conducting hearings in the
18.20 other area does not affect an administrative law judge's or
18.21 workers' compensation judge's job class established pursuant to
18.22 section 43A.07 or seniority within that job class. The chief
18.23 administrative law judge shall annually notify the department of
18.24 finance of the amount of credit payable to the workers'
18.25 compensation special fund for time spent by workers'
18.26 compensation judges on noncompensation proceedings.
18.27 (d) Administrative law judges and compensation judges are
18.28 subject to the provisions of the code of judicial conduct.
18.29 Administrative law and compensation judges may, however, serve
18.30 as a member of a governmental board when so directed by the
18.31 legislature. The chief administrative law judge shall provide
18.32 training to administrative law and compensation judges about the
18.33 requirements of the code and shall apply the provisions of the
18.34 code to their actions. Only administrative law judges serving
18.35 as temporary judges under a written contract are considered to
18.36 be part-time judges for purposes of the code. Reports required
19.1 to be filed by the code must be filed with the chief
19.2 administrative law judge. The chief administrative law judge
19.3 shall apply the provisions of the code of judicial conduct, to
19.4 the extent applicable, to the other administrative law and
19.5 compensation judges in a manner consistent with interpretations
19.6 made by the board on judicial standards. The chief
19.7 administrative law judge shall follow the procedural
19.8 requirements of the commissioner's plan for state employees if
19.9 any adverse personnel action is taken based in whole or in part
19.10 as a violation of the code of judicial conduct.
19.11 (e) In addition to other duties provided by law, workers'
19.12 compensation and administrative law judges may mediate,
19.13 arbitrate, or take other appropriate action on matters referred
19.14 to the office of administrative hearings by any member of the
19.15 federal or state judicial branch or by the workers' compensation
19.16 court of appeals.
19.17 (f) A workers' compensation judge or an administrative law
19.18 judge must retire no later than the last day of the month in
19.19 which the judge attains 70 years of age.
19.20 Sec. 13. [15.0601] [APPOINTMENT OF GOVERNOR'S SECRETARIES;
19.21 GENERAL POWERS.]
19.22 Subdivision 1. [APPOINTMENT.] The governor shall appoint
19.23 the governor's secretaries, subject to the advice and consent of
19.24 the senate. A secretary serves at the pleasure of the governor
19.25 for a term coincident with that of the governor or until a
19.26 successor is appointed and qualified. Before entering upon the
19.27 discharge of duties, a secretary must take an oath to faithfully
19.28 execute the duties of the office.
19.29 Subd. 2. [DIRECTION BY GOVERNOR.] A secretary is subject
19.30 to the direction and supervision of the governor. Except as
19.31 provided in other law, the agencies assigned to each secretary
19.32 shall:
19.33 (1) exercise their respective powers and duties in
19.34 accordance with the general policy established by the governor
19.35 or by the secretary acting on behalf of the governor;
19.36 (2) provide assistance to the governor or the secretary as
20.1 may be required; and
20.2 (3) forward all reports to the governor through the
20.3 secretary.
20.4 Subd. 3. [DISCRETIONARY AUTHORITY.] Unless the governor
20.5 expressly reserves a power listed in this subdivision, a
20.6 secretary may:
20.7 (1) resolve administrative, jurisdictional, operational,
20.8 program, or policy conflicts between agencies or officials
20.9 assigned;
20.10 (2) direct the formulation of a comprehensive program
20.11 budget for the services of agencies assigned for consideration
20.12 by the governor;
20.13 (3) hold agency heads accountable for their administrative,
20.14 fiscal, and program actions in the conduct of the respective
20.15 powers and duties of the agencies;
20.16 (4) direct the development of goals, objectives, policies,
20.17 and plans that are necessary to the effective and efficient
20.18 operation of government;
20.19 (5) sign documents on behalf of the governor that originate
20.20 with agencies assigned to the secretary; and
20.21 (6) employ the personnel and contract for services as may
20.22 be required to perform the powers and duties conferred upon the
20.23 secretary by law or executive order.
20.24 Subd. 4. [DEFINITION.] For purposes of this section,
20.25 "governor's secretaries" means the secretary of administration,
20.26 the secretary of business development, the secretary of
20.27 education, the secretary of public advocacy, the secretary of
20.28 transportation and safety, the secretary of environment, the
20.29 secretary of finance, and the secretary of health and human
20.30 services.
20.31 [EFFECTIVE DATE.] This section is effective June 30, 2004.
20.32 Sec. 14. [15.0602] [ASSIGNMENT OF AGENCIES.]
20.33 Subdivision 1. [SECRETARY OF ADMINISTRATION.] Except as
20.34 otherwise specifically provided in this section, the following
20.35 agencies report to the secretary of administration: department
20.36 of administration and department of employee relations.
21.1 Subd. 2. [SECRETARY OF BUSINESS DEVELOPMENT.] Except as
21.2 otherwise specifically provided in this section, the following
21.3 agencies report to the secretary of business development:
21.4 bureau of mediation services, department of agriculture,
21.5 department of commerce, department of labor and industry, and
21.6 department of trade and economic development.
21.7 Subd. 3. [SECRETARY OF EDUCATION.] Except as otherwise
21.8 specifically provided in this section, the following agencies
21.9 report to the secretary of education: department of children,
21.10 families, and learning and department of jobs and training.
21.11 Subd. 4. [SECRETARY OF PUBLIC ADVOCACY.] Except as
21.12 otherwise specifically provided in this section, the following
21.13 agencies report to the secretary of public advocacy: department
21.14 of human rights, energy issues intervention office of the
21.15 department of commerce, crime victims ombudsman, ombudsman for
21.16 corrections, ombudsman for mental health and mental retardation,
21.17 and ombudsman for older Minnesotans.
21.18 Subd. 5. [SECRETARY OF TRANSPORTATION AND SAFETY.] Except
21.19 as otherwise specifically provided in this section, the
21.20 following agencies report to the secretary of transportation and
21.21 safety: department of military affairs, department of public
21.22 safety, and department of transportation.
21.23 Subd. 6. [SECRETARY OF ENVIRONMENT.] Except as otherwise
21.24 specifically provided in this section, the following agencies
21.25 report to the secretary of environment: pollution control
21.26 agency and department of natural resources.
21.27 Subd. 7. [SECRETARY OF FINANCE.] Except as otherwise
21.28 specifically provided in this section, the following agencies
21.29 report to the secretary of finance: department of finance,
21.30 department of revenue, and office of strategic and long-range
21.31 planning.
21.32 Subd. 8. [SECRETARY OF HEALTH AND HUMAN SERVICES.] Except
21.33 as otherwise specifically provided in this section, the
21.34 following agencies report to the secretary of health and human
21.35 services: department of corrections, department of health,
21.36 department of human services, department of veterans affairs,
22.1 and housing finance agency.
22.2 [EFFECTIVE DATE.] This section is effective June 30, 2004.
22.3 Sec. 15. Minnesota Statutes 2002, section 16A.11,
22.4 subdivision 3, is amended to read:
22.5 Subd. 3. [PART TWO: DETAILED BUDGET.] (a) Part two of the
22.6 budget, the detailed budget estimates both of expenditures and
22.7 revenues, must contain any statements on the financial plan
22.8 which the governor believes desirable or which may be required
22.9 by the legislature. The detailed estimates shall include the
22.10 governor's budget arranged in tabular form.
22.11 (b) Tables listing expenditures for the next biennium must
22.12 show the appropriation base for each year as well as the
22.13 governor's total recommendation for that year for each
22.14 expenditure line. The appropriation base is the amount
22.15 appropriated for the second year of the current biennium,
22.16 adjusted in accordance with any provisions of law that specify
22.17 changes to the base.
22.18 (c) The detailed estimates must include a separate line
22.19 listing the total number of professional or technical service
22.20 contracts and the total cost of those professional and technical
22.21 service contracts for the prior biennium and the
22.22 projected number of professional or technical service contracts
22.23 and the projected costs of those contracts for the current and
22.24 upcoming biennium. They must also include a summary of the
22.25 personnel employed by the agency, reflected as full-time
22.26 equivalent positions, and the number of professional or
22.27 technical service consultants for the current biennium.
22.28 (c) (d) The detailed estimates for internal service funds
22.29 must include the number of full-time equivalents by program;
22.30 detail on any loans from the general fund, including dollar
22.31 amounts by program; proposed investments in technology or
22.32 equipment of $100,000 or more; an explanation of any operating
22.33 losses or increases in retained earnings; and a history of the
22.34 rates that have been charged, with an explanation of any rate
22.35 changes and the impact of the rate changes on affected agencies.
22.36 Sec. 16. Minnesota Statutes 2002, section 16A.1285,
23.1 subdivision 3, is amended to read:
23.2 Subd. 3. [DUTIES OF COMMISSIONER OF FINANCE.] The
23.3 commissioner of finance shall classify, monitor, analyze, and
23.4 report all departmental earnings that fall within the definition
23.5 established in subdivision 1. Specifically, the commissioner
23.6 shall:
23.7 (1) establish and maintain a classification system that
23.8 clearly defines and distinguishes categories and types of
23.9 departmental earnings and takes into account the purpose of the
23.10 various earnings types and the extent to which various earnings
23.11 types serve a public or private interest;
23.12 (2) prepare a biennial report that documents collection
23.13 costs, purposes, and yields of all departmental earnings, the
23.14 report to be submitted to the legislature on or before the
23.15 fourth Tuesday in January in each odd-numbered year and to
23.16 include estimated data for the year in which the report is
23.17 prepared, actual data for the two years immediately before, and
23.18 estimates for the two years immediately following; and
23.19 (3) prepare and maintain a detailed directory of all
23.20 departmental earnings.
23.21 In a year following the election of a governor who had not been
23.22 governor the previous year, the report required by clause (2)
23.23 must be submitted by the third Tuesday in February.
23.24 Sec. 17. Minnesota Statutes 2002, section 16A.40, is
23.25 amended to read:
23.26 16A.40 [WARRANTS AND ELECTRONIC FUND TRANSFERS.]
23.27 Money must not be paid out of the state treasury except
23.28 upon the warrant of the commissioner or an electronic fund
23.29 transfer approved by the commissioner. Warrants must be drawn
23.30 on printed blanks that are in numerical order. The commissioner
23.31 shall enter, in numerical order in a warrant register, the
23.32 number, amount, date, and payee for every warrant issued.
23.33 The commissioner may require payees receiving more than ten
23.34 payments or $10,000 per year must to supply the commissioner
23.35 with their bank routing information to enable the payments to be
23.36 made through an electronic fund transfer.
24.1 Sec. 18. Minnesota Statutes 2002, section 16B.24,
24.2 subdivision 5, is amended to read:
24.3 Subd. 5. [RENTING OUT STATE PROPERTY.] (a) [AUTHORITY.]
24.4 The commissioner may rent out state property, real or personal,
24.5 that is not needed for public use, if the rental is not
24.6 otherwise provided for or prohibited by law. The property may
24.7 not be rented out for more than five years at a time without the
24.8 approval of the state executive council and may never be rented
24.9 out for more than 25 years. A rental agreement may provide that
24.10 the state will reimburse a tenant for a portion of capital
24.11 improvements that the tenant makes to state real property if the
24.12 state does not permit the tenant to renew the lease at the end
24.13 of the rental agreement.
24.14 (b) [RESTRICTIONS.] Paragraph (a) does not apply to state
24.15 trust fund lands, other state lands under the jurisdiction of
24.16 the department of natural resources, lands forfeited for
24.17 delinquent taxes, lands acquired under section 298.22, or lands
24.18 acquired under section 41.56 which are under the jurisdiction of
24.19 the department of agriculture.
24.20 (c) [FORT SNELLING CHAPEL; RENTAL.] The Fort Snelling
24.21 Chapel, located within the boundaries of Fort Snelling State
24.22 Park, is available for use only on payment of a rental fee. The
24.23 commissioner shall establish rental fees for both public and
24.24 private use. The rental fee for private use by an organization
24.25 or individual must reflect the reasonable value of equivalent
24.26 rental space. Rental fees collected under this section must be
24.27 deposited in the general fund.
24.28 (d) [RENTAL OF LIVING ACCOMMODATIONS.] The commissioner
24.29 shall establish rental rates for all living accommodations
24.30 provided by the state for its employees. Money collected as
24.31 rent by state agencies pursuant to this paragraph must be
24.32 deposited in the state treasury and credited to the general fund.
24.33 (e) [LEASE OF SPACE IN CERTAIN STATE BUILDINGS TO STATE
24.34 AGENCIES.] The commissioner may lease portions of the
24.35 state-owned buildings in the capitol complex, the capitol square
24.36 building, the health building, the Duluth government center, and
25.1 the building at 1246 University Avenue, St. Paul, Minnesota, to
25.2 state agencies and the court administrator on behalf of the
25.3 judicial branch of state government and charge rent on the basis
25.4 of space occupied. Notwithstanding any law to the contrary, all
25.5 money collected as rent pursuant to the terms of this section
25.6 shall be deposited in the state treasury. Money collected as
25.7 rent to recover the bond interest costs of a building funded
25.8 from the state bond proceeds fund shall be credited to the
25.9 general fund. Money collected as rent to recover the
25.10 depreciation costs of a building funded from the state bond
25.11 proceeds fund and money collected as rent to recover capital
25.12 expenditures from capital asset preservation and replacement
25.13 appropriations and statewide building access appropriations
25.14 shall be credited to a segregated account in a special revenue
25.15 fund. Money Fifty percent of the funds in the account must be
25.16 transferred to the general fund. The remaining 50 percent of
25.17 the funds in the account is appropriated to the commissioner to
25.18 be expended for asset preservation projects as determined by the
25.19 commissioner. Money collected as rent to recover the
25.20 depreciation and interest costs of a building built with other
25.21 state dedicated funds shall be credited to the dedicated fund
25.22 which funded the original acquisition or construction. All
25.23 other money received shall be credited to the general services
25.24 revolving fund.
25.25 Sec. 19. Minnesota Statutes 2002, section 16B.465,
25.26 subdivision 7, is amended to read:
25.27 Subd. 7. [EXEMPTION.] The system is exempt from the
25.28 five-year limitation on contracts set by sections 16C.05,
25.29 subdivision 2, paragraph (a), clause (5) (b), 16C.08,
25.30 subdivision 3, clause (7) (5), and 16C.09, clause (6).
25.31 Sec. 20. Minnesota Statutes 2002, section 16B.48,
25.32 subdivision 2, is amended to read:
25.33 Subd. 2. [PURPOSE OF FUNDS.] Money in the state treasury
25.34 credited to the general services revolving fund and money that
25.35 is deposited in the fund is appropriated annually to the
25.36 commissioner for the following purposes:
26.1 (1) to operate a central store and equipment service;
26.2 (2) to operate a central duplication and printing service;
26.3 (3) to operate the central mailing service, including
26.4 purchasing postage and related items and refunding postage
26.5 deposits;
26.6 (4) (3) to operate a documents service as prescribed by
26.7 section 16B.51;
26.8 (5) (4) to provide services for the maintenance, operation,
26.9 and upkeep of buildings and grounds managed by the commissioner
26.10 of administration;
26.11 (6) (5) to operate a materials handling service, including
26.12 interagency mail and product delivery, solid waste removal,
26.13 courier service, equipment rental, and vehicle and equipment
26.14 maintenance;
26.15 (7) (6) to provide analytical, statistical, and
26.16 organizational development services to state agencies, local
26.17 units of government, metropolitan and regional agencies, and
26.18 school districts;
26.19 (8) (7) to operate a records center and provide
26.20 micrographics products and services; and
26.21 (9) (8) to perform services for any other agency. Money
26.22 may be expended for this purpose only when directed by the
26.23 governor. The agency receiving the services shall reimburse the
26.24 fund for their cost, and the commissioner shall make the
26.25 appropriate transfers when requested. The term "services" as
26.26 used in this clause means compensation paid officers and
26.27 employees of the state government; supplies, materials,
26.28 equipment, and other articles and things used by or furnished to
26.29 an agency; and utility services and other services for the
26.30 maintenance, operation, and upkeep of buildings and offices of
26.31 the state government.
26.32 Sec. 21. Minnesota Statutes 2002, section 16B.54, is
26.33 amended by adding a subdivision to read:
26.34 Subd. 9. [LIMIT ON LEASING.] Neither the commissioner nor
26.35 any other agency head or constitutional officer may lease or
26.36 otherwise acquire a motor vehicle for the exclusive use of any
27.1 state official or employee, except for the governor. The annual
27.2 salary of an official or employee for whom a motor vehicle is
27.3 provided in violation of this subdivision is reduced by an
27.4 amount equal to the annual cost of the vehicle. This reduction
27.5 is in effect during the period in which the vehicle is provided.
27.6 Sec. 22. Minnesota Statutes 2002, section 16C.02,
27.7 subdivision 6, is amended to read:
27.8 Subd. 6. [CONTRACT.] "Contract" means any written
27.9 instrument or electronic document containing the elements of
27.10 offer, acceptance, and consideration to which an agency is a
27.11 party, including an amendment to or extension of a contract.
27.12 Sec. 23. [16C.045] [REPORTING OF VIOLATIONS.]
27.13 A state employee who discovers evidence of violation of
27.14 laws or rules governing state contracts is encouraged to report
27.15 the violation or suspected violation to the employee's
27.16 supervisor, the commissioner or the commissioner's designee, or
27.17 the legislative auditor. The legislative auditor must report to
27.18 the legislative audit commission if there are multiple
27.19 complaints about the same agency. The auditor's report to the
27.20 legislative audit commission under this section must disclose
27.21 only the number and type of violations alleged. An employee
27.22 making a good faith report under this section is covered by
27.23 section 181.932, prohibiting the employer from discriminating
27.24 against the employee.
27.25 Sec. 24. Minnesota Statutes 2002, section 16C.05,
27.26 subdivision 2, is amended to read:
27.27 Subd. 2. [CREATION AND VALIDITY OF CONTRACTS.] (a) A
27.28 contract is not valid and the state is not bound by it and no
27.29 agency, without the prior written approval of the commissioner
27.30 granted pursuant to subdivision 2a, may authorize work to begin
27.31 on it unless:
27.32 (1) it has first been executed by the head of the agency or
27.33 a delegate who is a party to the contract;
27.34 (2) it has been approved by the commissioner; and
27.35 (3) it has been approved by the attorney general or a
27.36 delegate as to form and execution;
28.1 (4) the accounting system shows an obligation in an expense
28.2 budget or encumbrance for the amount of the contract liability;
28.3 and.
28.4 (5) (b) The combined contract and amendments shall must not
28.5 exceed five years without specific, written approval by the
28.6 commissioner according to established policy, procedures, and
28.7 standards, or unless otherwise provided for by law. The term of
28.8 the original contract must not exceed two years unless the
28.9 commissioner determines that a longer duration is in the best
28.10 interest of the state.
28.11 (b) (c) Grants, interagency agreements, purchase orders,
28.12 work orders, and annual plans need not, in the discretion of the
28.13 commissioner and attorney general, require the signature of the
28.14 commissioner and/or the attorney general. A signature is not
28.15 required for work orders and amendments to work orders related
28.16 to department of transportation contracts. Bond purchase
28.17 agreements by the Minnesota public facilities authority do not
28.18 require the approval of the commissioner.
28.19 (c) (d) Amendments to contracts must entail tasks that are
28.20 substantially similar to those in the original contract or
28.21 involve tasks that are so closely related to the original
28.22 contract that it would be impracticable for a different
28.23 contractor to perform the work. The commissioner or an agency
28.24 official to whom the commissioner has delegated contracting
28.25 authority under section 16C.03, subdivision 16, must determine
28.26 that an amendment would serve the interest of the state better
28.27 than a new contract and would cost no more.
28.28 (e) A fully executed copy of every contract, amendments to
28.29 the contract, and performance evaluations relating to the
28.30 contract must be kept on file at the contracting agency for a
28.31 time equal to that specified for contract vendors and other
28.32 parties in subdivision 5.
28.33 (f) The attorney general must periodically review and
28.34 evaluate a sample of state agency contracts to ensure compliance
28.35 with laws.
28.36 Sec. 25. Minnesota Statutes 2002, section 16C.05, is
29.1 amended by adding a subdivision to read:
29.2 Subd. 2a. [EMERGENCY AUTHORIZATION.] The commissioner may
29.3 grant an agency approval to authorize work to begin on a
29.4 contract prior to the full execution of the contract in the
29.5 event of an emergency as defined in section 16C.10, subdivision
29.6 2.
29.7 Sec. 26. Minnesota Statutes 2002, section 16C.06,
29.8 subdivision 1, is amended to read:
29.9 Subdivision 1. [PUBLICATION REQUIREMENTS.] Notices of
29.10 solicitations for acquisitions estimated to be more than
29.11 $25,000, or $100,000 in the case of a department of
29.12 transportation acquisition, must be publicized in a manner
29.13 designated by the commissioner. To the extent practical, this
29.14 must include posting on a state Web site.
29.15 Sec. 27. Minnesota Statutes 2002, section 16C.08,
29.16 subdivision 2, is amended to read:
29.17 Subd. 2. [DUTIES OF CONTRACTING AGENCY.] (a) Before an
29.18 agency may seek approval of a professional or technical services
29.19 contract valued in excess of $5,000, it must certify to the
29.20 commissioner that provide the following:
29.21 (1) a description of how the proposed contract or amendment
29.22 is necessary and reasonable to advance the statutory mission of
29.23 the agency;
29.24 (2) a description of the agency's plan to notify firms or
29.25 individuals who may be available to perform the services called
29.26 for in the solicitation; and
29.27 (3) a description of the performance measures or other
29.28 tools that will be used to monitor and evaluate contract
29.29 performance.
29.30 (b) In addition to paragraph (a), the agency must certify
29.31 that:
29.32 (1) no current state employee is able and available to
29.33 perform the services called for by the contract;
29.34 (2) the normal competitive bidding mechanisms will not
29.35 provide for adequate performance of the services;
29.36 (3) the contractor has certified that the product of the
30.1 services will be original in character;
30.2 (4) reasonable efforts were will be made to publicize the
30.3 availability of the contract to the public;
30.4 (5) the agency has received, reviewed, and accepted a
30.5 detailed work plan from the contractor for performance under the
30.6 contract, if applicable;
30.7 (6) (4) the agency has developed, will develop and fully
30.8 intends to implement, a written plan providing for the
30.9 assignment of specific agency personnel to manage the contract,
30.10 including a monitoring and liaison function, the periodic review
30.11 of interim reports or other indications of past performance, and
30.12 the ultimate utilization of the final product of the
30.13 services; and
30.14 (7) (5) the agency will not allow the contractor to begin
30.15 work before the contract is fully executed unless an exception
30.16 under section 16C.05, subdivision 2a, has been granted by the
30.17 commissioner and funds are fully encumbered.;
30.18 (6) the contract will not establish an employment
30.19 relationship between the state or the agency and any persons
30.20 performing under the contract; and
30.21 (7) in the event the results of the contract work will be
30.22 carried out or continued by state employees upon completion of
30.23 the contract, the contractor is required to include state
30.24 employees in development and training, to the extent necessary
30.25 to ensure that after completion of the contract, state employees
30.26 can perform any ongoing work related to the same function.
30.27 (c) A contract establishes an employment relationship for
30.28 purposes of paragraph (b), clause (6), if, under federal laws
30.29 governing the distinction between an employee and an independent
30.30 contract, a person would be considered an employee.
30.31 Sec. 28. Minnesota Statutes 2002, section 16C.08,
30.32 subdivision 3, is amended to read:
30.33 Subd. 3. [PROCEDURE FOR PROFESSIONAL OR TECHNICAL SERVICES
30.34 CONTRACTS.] Before approving a proposed contract for
30.35 professional or technical services, the commissioner must
30.36 determine, at least, that:
31.1 (1) all provisions of subdivision 2 and section 16C.16 have
31.2 been verified or complied with;
31.3 (2) the agency has demonstrated that the work to be
31.4 performed under the contract is necessary to the agency's
31.5 achievement of its statutory responsibilities and there is
31.6 statutory authority to enter into the contract;
31.7 (3) the contract will not establish an employment
31.8 relationship between the state or the agency and any persons
31.9 performing under the contract;
31.10 (4) the contractor and agents are not employees of the
31.11 state;
31.12 (5) no agency has previously performed or contracted for
31.13 the performance of tasks which would be substantially duplicated
31.14 under the proposed contract;
31.15 (6) (4) the contracting agency has specified a satisfactory
31.16 method of evaluating and using the results of the work to be
31.17 performed; and
31.18 (7) (5) the combined contract and amendments will not
31.19 exceed five years, unless otherwise provided for by law. The
31.20 term of the original contract must not exceed two years unless
31.21 the commissioner determines that a longer duration is in the
31.22 best interest of the state.
31.23 Sec. 29. Minnesota Statutes 2002, section 16C.08,
31.24 subdivision 4, is amended to read:
31.25 Subd. 4. [REPORTS.] (a) The commissioner shall submit to
31.26 the governor, the chairs of the house ways and means and senate
31.27 finance committees, and the legislative reference library a
31.28 yearly listing of all contracts for professional or technical
31.29 services executed. The report must identify the contractor,
31.30 contract amount, duration, and services to be provided. The
31.31 commissioner shall also issue yearly reports summarizing the
31.32 contract review activities of the department by fiscal year.
31.33 (b) The fiscal year report must be submitted by September 1
31.34 of each year and must:
31.35 (1) be sorted by agency and by contractor;
31.36 (2) show the aggregate value of contracts issued by each
32.1 agency and issued to each contractor;
32.2 (3) distinguish between contracts that are being issued for
32.3 the first time and contracts that are being extended;
32.4 (4) state the termination date of each contract; and
32.5 (5) identify services by commodity code, including topics
32.6 such as contracts for training, contracts for research and
32.7 opinions, and contracts for computer systems.
32.8 (c) Within 30 days of final completion of a contract over
32.9 $40,000 $50,000 covered by this subdivision, the head of the
32.10 agency entering into the contract must submit a one-page report
32.11 to the commissioner who must submit a copy to the legislative
32.12 reference library. The report must:
32.13 (1) summarize the purpose of the contract, including why it
32.14 was necessary to enter into a contract;
32.15 (2) state the amount spent on the contract; and
32.16 (3) explain why this amount was a cost-effective way to
32.17 enable the agency to provide its services or products better or
32.18 more efficiently be accompanied by the performance evaluation
32.19 prepared according to subdivision 4a.
32.20 Sec. 30. Minnesota Statutes 2002, section 16C.08, is
32.21 amended by adding a subdivision to read:
32.22 Subd. 4a. [PERFORMANCE EVALUATION.] Upon completion of a
32.23 professional or technical services contract, an agency entering
32.24 into the contract must complete a written performance evaluation
32.25 of the work done under the contract. The evaluation must
32.26 include an appraisal of the contractor's timeliness, quality,
32.27 cost, and overall performance in meeting the terms and
32.28 objectives of the contract. Contractors may request copies of
32.29 evaluations prepared under this subdivision and may respond in
32.30 writing. Contractor responses must be maintained with the
32.31 contract file.
32.32 Sec. 31. [16C.082] [LEGISLATIVE REVIEW OF CONTRACTS.]
32.33 The legislative audit commission must designate legislative
32.34 staff to perform a biennial audit of contracting practices by
32.35 executive agencies. The legislative audit commission must
32.36 determine the scope of the audit each biennium. The audit may
33.1 focus on selected agencies or may be based on a statewide
33.2 sample. In selecting agencies for audits, the legislative audit
33.3 commission must consider violations of law reported to it by the
33.4 legislative auditor. The audits must cover at least the
33.5 following topics:
33.6 (1) compliance with laws and rules, including those
33.7 governing the competitive bidding process;
33.8 (2) the length of contracts;
33.9 (3) the use of amendments to extend existing contracts and
33.10 cost increases contained in these contract amendments;
33.11 (4) the use of single-source contracts;
33.12 (5) the use of master lists; and
33.13 (6) the hourly costs paid to contracts compared to the
33.14 hourly compensation of state employees performing similar work.
33.15 Sec. 32. Minnesota Statutes 2002, section 16D.08,
33.16 subdivision 2, is amended to read:
33.17 Subd. 2. [POWERS.] (a) In addition to the collection
33.18 remedies available to private collection agencies in this state,
33.19 the commissioner, with legal assistance from the attorney
33.20 general, may utilize any statutory authority granted to a
33.21 referring agency for purposes of collecting debt owed to that
33.22 referring agency. The commissioner may also delegate to the
33.23 enterprise use the tax collection remedies in sections 270.06,
33.24 clauses (7) and (17), excluding the power to subpoena witnesses;
33.25 270.66;, 270.67, subdivisions 2 and 4, 270.69, excluding
33.26 subdivisions 7 and 13; 270.70, excluding subdivision 14;
33.27 270.7001 to 270.72;, and 290.92, subdivision 23, except that a
33.28 continuous wage levy under section 290.92, subdivision 23, is
33.29 only effective for 70 days, unless no competing wage
33.30 garnishments, executions, or levies are served within the 70-day
33.31 period, in which case a wage levy is continuous until a
33.32 competing garnishment, execution, or levy is served in the
33.33 second or a succeeding 70-day period, in which case a continuous
33.34 wage levy is effective for the remainder of that period. A
33.35 debtor may take advantage of any administrative or appeal rights
33.36 contained in the listed sections. For administrative and appeal
34.1 rights for nontax debts, references to administrative appeals or
34.2 to the taxpayer rights advocate shall be construed to be
34.3 references to the case reviewer, references to tax court shall
34.4 be construed to mean district court, and offers in compromise
34.5 shall be submitted to the referring agency. A debtor who
34.6 qualifies for cancellation of collection costs under section
34.7 16D.11, subdivision 3, clause (1), can apply to the commissioner
34.8 for reduction or release of a continuous wage levy, if the
34.9 debtor establishes that the debtor needs all or a portion of the
34.10 wages being levied upon to pay for essential living expenses,
34.11 such as food, clothing, shelter, medical care, or expenses
34.12 necessary for maintaining employment. The commissioner's
34.13 determination not to reduce or release a continuous wage levy is
34.14 appealable to district court. The word "tax" or "taxes" when
34.15 used in the tax collection statutes listed in this subdivision
34.16 also means debts referred under this chapter.
34.17 (b) For debts other than state taxes, child support, or
34.18 student loans, before any of the tax collection remedies listed
34.19 in this subdivision can be used, except for the remedies in
34.20 section 270.06, clauses (7) and (17), if the referring agency
34.21 has not already obtained a judgment or filed a lien, the
34.22 commissioner must first obtain a judgment against the debtor.
34.23 For student loans when the referring agency has not obtained a
34.24 judgment or filed a lien, Before using the tax collection
34.25 remedies listed in this subdivision, except for the remedies in
34.26 section 270.06, clauses (7) and (17), the commissioner shall
34.27 give the debtor 30 days' notice in writing, which may be served
34.28 in any manner permitted in section 270.68 for service of a
34.29 summons and complaint. The notice must advise the debtor of the
34.30 debtor's right to request that the commissioner commence a court
34.31 action, and that if no such request is made within 30 days after
34.32 service of the notice, the commissioner may use these tax
34.33 collection remedies. If a timely request is made, the
34.34 commissioner shall obtain a judgment before using these tax
34.35 collection remedies. notice and demand for payment of the amount
34.36 due must be given to the person liable for the payment or
35.1 collection of the debt at least 30 days prior to the use of the
35.2 remedies. The notice must be sent to the person's last known
35.3 address and must include a brief statement that sets forth in
35.4 simple and nontechnical terms the amount and source of the debt,
35.5 the nature of the available collection remedies, and remedies
35.6 available to the debtor.
35.7 [EFFECTIVE DATE.] This section is effective the day
35.8 following final enactment for all debts referred, whether
35.9 referred prior to, on, or after the day following final
35.10 enactment.
35.11 Sec. 33. Minnesota Statutes 2002, section 16E.01,
35.12 subdivision 3, is amended to read:
35.13 Subd. 3. [DUTIES.] (a) The office shall:
35.14 (1) coordinate the efficient and effective use of available
35.15 federal, state, local, and private resources to develop
35.16 statewide information and communications technology and its
35.17 infrastructure;
35.18 (2) review state agency and intergovernmental information
35.19 and communications systems development efforts involving state
35.20 or intergovernmental funding, including federal funding, provide
35.21 information to the legislature regarding projects reviewed, and
35.22 recommend projects for inclusion in the governor's budget under
35.23 section 16A.11;
35.24 (3) encourage cooperation and collaboration among state and
35.25 local governments in developing intergovernmental communication
35.26 and information systems, and define the structure and
35.27 responsibilities of the information policy council;
35.28 (4) cooperate and collaborate with the legislative and
35.29 judicial branches in the development of information and
35.30 communications systems in those branches;
35.31 (5) continue the development of North Star, the state's
35.32 official comprehensive online service and information
35.33 initiative;
35.34 (6) promote and collaborate with the state's agencies in
35.35 the state's transition to an effectively competitive
35.36 telecommunications market;
36.1 (7) collaborate with entities carrying out education and
36.2 lifelong learning initiatives to assist Minnesotans in
36.3 developing technical literacy and obtaining access to ongoing
36.4 learning resources;
36.5 (8) promote and coordinate public information access and
36.6 network initiatives, consistent with chapter 13, to connect
36.7 Minnesota's citizens and communities to each other, to their
36.8 governments, and to the world;
36.9 (9) promote and coordinate electronic commerce initiatives
36.10 to ensure that Minnesota businesses and citizens can
36.11 successfully compete in the global economy;
36.12 (10) promote and coordinate the regular and periodic
36.13 reinvestment in the core information and communications
36.14 technology infrastructure so that state and local government
36.15 agencies can effectively and efficiently serve their customers;
36.16 (11) facilitate the cooperative development of standards
36.17 for information systems, electronic data practices and privacy,
36.18 and electronic commerce among international, national, state,
36.19 and local public and private organizations; and
36.20 (12) work with others to avoid unnecessary duplication of
36.21 existing services provided by other public and private
36.22 organizations while building on the existing governmental,
36.23 educational, business, health care, and economic development
36.24 infrastructures.
36.25 (b) The office of technology in consultation with the
36.26 commissioner of finance may determine that it is cost-effective
36.27 for agencies to develop and use shared information and
36.28 communications technology systems for the delivery of electronic
36.29 government services. This determination may be made if an
36.30 agency proposes a new system that duplicates an existing system,
36.31 a system in development, or a system being proposed by another
36.32 agency. The commissioner of administration shall establish
36.33 reimbursement rates in cooperation with the commissioner of
36.34 finance to be billed to agencies and other governmental entities
36.35 sufficient to cover the actual development, operating,
36.36 maintenance, and administrative costs of the shared systems.
37.1 The methodology for billing may include depositing such funds in
37.2 the technology enterprise fund, the use of interagency
37.3 agreements, or other means as allowed by law.
37.4 Sec. 34. Minnesota Statutes 2002, section 16E.07,
37.5 subdivision 9, is amended to read:
37.6 Subd. 9. [AGGREGATION OF SERVICE DEMAND.] The office shall
37.7 identify opportunities to aggregate demand for technical
37.8 services required by government units for online activities and
37.9 may contract with governmental or nongovernmental entities to
37.10 provide services. These contracts are not subject to the
37.11 requirements of chapters 16B and 16C, except sections 16C.04,
37.12 16C.07, 16C.08, and 16C.09.
37.13 Sec. 35. Minnesota Statutes 2002, section 43A.17,
37.14 subdivision 9, is amended to read:
37.15 Subd. 9. [POLITICAL SUBDIVISION COMPENSATION LIMIT.] (a)
37.16 The salary and the value of all other forms of compensation of a
37.17 person employed by a statutory or home rule charter city,
37.18 county, town, metropolitan or regional agency, or other
37.19 political subdivision of this state, excluding a school
37.20 district, or employed under section 422A.03, may not exceed 95
37.21 percent of the salary of the governor as set under section
37.22 15A.082, except as provided in this subdivision. For purposes
37.23 of this subdivision, "political subdivision of this state"
37.24 includes a statutory or home rule charter city, county, town,
37.25 metropolitan or regional agency, or other political subdivision,
37.26 but does not include a hospital, clinic, or health maintenance
37.27 organization owned by such a governmental unit.
37.28 (b) Deferred compensation and payroll allocations to
37.29 purchase an individual annuity contract for an employee are
37.30 included in determining the employee's salary. Other forms of
37.31 compensation which shall be included to determine an employee's
37.32 total compensation are all other direct and indirect items of
37.33 compensation which are not specifically excluded by this
37.34 subdivision. Other forms of compensation which shall not be
37.35 included in a determination of an employee's total compensation
37.36 for the purposes of this subdivision are:
38.1 (1) employee benefits that are also provided for the
38.2 majority of all other full-time employees of the political
38.3 subdivision, vacation and sick leave allowances, health and
38.4 dental insurance, disability insurance, term life insurance, and
38.5 pension benefits or like benefits the cost of which is borne by
38.6 the employee or which is not subject to tax as income under the
38.7 Internal Revenue Code of 1986;
38.8 (2) dues paid to organizations that are of a civic,
38.9 professional, educational, or governmental nature; and
38.10 (3) reimbursement for actual expenses incurred by the
38.11 employee which the governing body determines to be directly
38.12 related to the performance of job responsibilities, including
38.13 any relocation expenses paid during the initial year of
38.14 employment.
38.15 The value of other forms of compensation shall be the
38.16 annual cost to the political subdivision for the provision of
38.17 the compensation.
38.18 (c) The salary of a medical doctor or doctor of osteopathy
38.19 occupying a position that the governing body of the political
38.20 subdivision has determined requires an M.D. or D.O. degree is
38.21 excluded from the limitation in this subdivision.
38.22 (d) The commissioner may increase the limitation in this
38.23 subdivision for a position that the commissioner has determined
38.24 requires special expertise necessitating a higher salary to
38.25 attract or retain a qualified person. The commissioner shall
38.26 review each proposed increase giving due consideration to salary
38.27 rates paid to other persons with similar responsibilities in the
38.28 state and nation. The commissioner may not increase the
38.29 limitation until the commissioner has presented the proposed
38.30 increase to the legislative coordinating commission and received
38.31 the commission's recommendation on it. The recommendation is
38.32 advisory only. If the commission does not give its
38.33 recommendation on a proposed increase within 30 days from its
38.34 receipt of the proposal, the commission is deemed to have
38.35 recommended approval.
38.36 Sec. 36. Minnesota Statutes 2002, section 116J.8771, is
39.1 amended to read:
39.2 116J.8771 [WAIVER.]
39.3 The capital access program is exempt from section 16C.05,
39.4 subdivision 2, paragraph (a), clause (5) (b).
39.5 Sec. 37. Minnesota Statutes 2002, section 197.608, is
39.6 amended to read:
39.7 197.608 [VETERANS SERVICE OFFICE GRANT PROGRAM.]
39.8 Subdivision 1. [GRANT PROGRAM.] A veterans service office
39.9 grant program is established to be administered by the
39.10 commissioner of veterans affairs consisting of grants to
39.11 counties to enable them to enhance the effectiveness of their
39.12 veterans service offices.
39.13 Subd. 2. [RULE DEVELOPMENT.] The commissioner of veterans
39.14 affairs shall consult with the Minnesota association of county
39.15 veterans service officers in formulating rules to implement the
39.16 grant program.
39.17 Subd. 2a. [GRANT CYCLE.] Counties may become eligible to
39.18 receive grants on a three-year rotating basis according to a
39.19 schedule to be developed and announced in advance by the
39.20 commissioner. The schedule must list no more than one-third of
39.21 the counties in each year of the three-year cycle. A county may
39.22 be considered for a grant only in the year of its listing in the
39.23 schedule.
39.24 Subd. 3. [ELIGIBILITY.] (a) To be eligible for a grant
39.25 under this program, a county must:
39.26 (1) employ a county veterans service officer as authorized
39.27 by sections 197.60 and 197.606, who is certified to serve in
39.28 this position by the commissioner of veterans affairs;.
39.29 (2) submit a written plan for the proposed expenditures to
39.30 enhance the functioning of the county veterans service office in
39.31 accordance with the program rules; and
39.32 (3) apply for the grant according to procedures to be
39.33 established for this program by the commissioner and receive
39.34 written approval from the commissioner for the grant in advance
39.35 of making the proposed expenditures.
39.36 (b) A county that employs a newly hired county veterans
40.1 service officer who is serving an initial probationary period
40.2 and who has not been certified by the commissioner is eligible
40.3 to receive a grant under subdivision 2a.
40.4 (c) Except for the situation described in paragraph (b), a
40.5 county whose veterans service officer does not receive
40.6 certification during any year of the three-year cycle is not
40.7 eligible to receive a grant during the remainder of that cycle
40.8 or the next three-year cycle.
40.9 Subd. 4. [GRANT APPLICATION PROCESS.] (a) A grant
40.10 application must be submitted to the department of veterans
40.11 affairs according to procedures to be established by the
40.12 commissioner. The grant application must include a specific
40.13 description of the plan for enhancing the operation of the
40.14 county veterans service office. The commissioner shall determine
40.15 the process for awarding grants. A grant may be used only for
40.16 the purpose of enhancing the operations of the county veterans
40.17 service office.
40.18 (b) The commissioner shall provide a list of qualifying
40.19 uses for grant expenditures as developed in subdivision 5 and
40.20 shall approve a grant application only if it meets the criteria
40.21 for eligibility as established and announced by the commissioner
40.22 for a qualifying use and if there are sufficient funds remaining
40.23 in the grant program to cover the full amount of the grant. The
40.24 commissioner may request modification of a plan. If the
40.25 commissioner rejects a grant application, written reasons for
40.26 the rejection must be provided to the applicant county and the
40.27 county may modify the application and resubmit it.
40.28 Subd. 5. [QUALIFYING USES.] The commissioner of veterans
40.29 affairs shall determine whether the plan specified in the grant
40.30 application will enable the applicant county to enhance the
40.31 effectiveness of its county veterans office.
40.32 Notwithstanding subdivision 3, clause (1), a county may
40.33 apply for and use a grant for the training and education
40.34 required by the commissioner for a newly employed county
40.35 veterans service officer's certificate, or for the continuing
40.36 education of other staff consult with the Minnesota association
41.1 of county veterans service officers in developing a list of
41.2 qualifying uses for grants awarded under this program.
41.3 Subd. 6. [GRANT AMOUNT.] The amount of each grant must be
41.4 determined by the commissioner of veterans affairs, and may not
41.5 exceed the lesser of:
41.6 (1) the amount specified in the grant application to be
41.7 expended on the plan for enhancing the effectiveness of the
41.8 county veterans service office; or
41.9 (2) the county's share of the total funds available under
41.10 the program, determined in the following manner:
41.11 (i) (1) $1,400, if the county's veteran population is less
41.12 than 1,000, the county's grant share shall be $2,000;
41.13 (ii) (2) $2,800, if the county's veteran population is
41.14 1,000 or more but less than 3,000, the county's grant share
41.15 shall be $4,000;
41.16 (iii) (3) $4,200, if the county's veteran population is
41.17 3,000 or more but less then 10,000, the county's grant share
41.18 shall be $6,000; or
41.19 (iv) (4) $5,600, if the county's veteran population is
41.20 10,000 or more, the county's grant share shall be $8,000.
41.21 In any year, only one-half of the counties in each of the
41.22 four veteran population categories (i) to (iv) may be awarded
41.23 grants. Grants shall be awarded on a first-come first-served
41.24 basis to counties submitting applications which meet the
41.25 commissioner's criteria as established in the rules. Any county
41.26 not receiving a grant in any given year shall receive priority
41.27 consideration for a grant the following year.
41.28 In any year, after a period of time to be determined by the
41.29 commissioner, any amounts remaining from undistributed county
41.30 grant shares may be reallocated to the other counties which have
41.31 submitted qualifying application.
41.32 The veteran population of each county shall be determined
41.33 by the figure supplied by the United States Department of
41.34 Veterans Affairs, as adopted by the commissioner.
41.35 Subd. 7. [RECAPTURE.] If a county fails to use the grant
41.36 for the qualified use approved by the commissioner, the
42.1 commissioner shall seek recovery of the grant from the county
42.2 and the county must repay the grant amount.
42.3 Sec. 38. Minnesota Statutes 2002, section 240.03, is
42.4 amended to read:
42.5 240.03 [COMMISSION POWERS AND DUTIES.]
42.6 The commission has the following powers and duties:
42.7 (1) to regulate horse racing in Minnesota to ensure that it
42.8 is conducted in the public interest;
42.9 (2) to issue licenses as provided in this chapter;
42.10 (3) to enforce all laws and rules governing horse racing;
42.11 (4) to collect and distribute all taxes provided for in
42.12 this chapter;
42.13 (5) to conduct necessary investigations and inquiries and
42.14 compel the submission of information, documents, and records it
42.15 deems necessary to carry out its duties;
42.16 (6) to supervise the conduct of pari-mutuel betting on
42.17 horse racing;
42.18 (7) to employ and supervise personnel under this chapter;
42.19 (8) to determine the number of racing days to be held in
42.20 the state and at each licensed racetrack; and
42.21 (9) to take all necessary steps to ensure the integrity of
42.22 racing in Minnesota.; and
42.23 (10) to impose fees on the racing and card playing
42.24 industries sufficient to recover the operating costs of the
42.25 commission with the approval of the legislature according to
42.26 section 16A.1283. Notwithstanding section 16A.1283, when the
42.27 legislature is not in session, the commissioner of finance may
42.28 grant interim approval for any new fees or adjustments to
42.29 existing fees that are not statutorily specified, until such
42.30 time as the legislature reconvenes and acts upon the new fees or
42.31 adjustments. As part of its biennial budget request, the
42.32 commission must propose changes to its fees that will be
42.33 sufficient to recover the operating costs of the commission.
42.34 Sec. 39. Minnesota Statutes 2002, section 240.10, is
42.35 amended to read:
42.36 240.10 [LICENSE FEES.]
43.1 The fee for a class A license is $10,000 $253,000 per year
43.2 and must be remitted on July 1. The fee for a class B license
43.3 is $100 $500 for each assigned racing day on which racing is
43.4 actually conducted, and $50 $100 for each day on which
43.5 simulcasting is authorized and actually takes place, plus
43.6 $10,000 per year if the class B license includes authorization
43.7 to operate a card club must be remitted on July 1. Included
43.8 herein are all days assigned to be conducted after January 1,
43.9 2003. The fee for a class D license is $50 for each assigned
43.10 racing day on which racing is actually conducted. Fees imposed
43.11 on class B and class D licenses must be paid to the commission
43.12 at a time and in a manner as provided by rule of the commission.
43.13 The commission shall by rule establish an annual license
43.14 fee for each occupation it licenses under section 240.08 but no
43.15 annual fee for a class C license may exceed $100.
43.16 License fee payments received must be paid by the
43.17 commission to the state treasurer for deposit in the general
43.18 fund.
43.19 Sec. 40. Minnesota Statutes 2002, section 240.15,
43.20 subdivision 6, is amended to read:
43.21 Subd. 6. [DISPOSITION OF PROCEEDS; ACCOUNT.] The
43.22 commission shall distribute all money received under this
43.23 section, and all money received from license fees and fines it
43.24 collects, as follows: according to this subdivision. All money
43.25 designated for deposit in the Minnesota breeders fund must be
43.26 paid into that fund for distribution under section 240.18 except
43.27 that all money generated by full racing card simulcasts must be
43.28 distributed as provided in section 240.18, subdivisions 2,
43.29 paragraph (d), clauses (1), (2), and (3); and 3. Revenue from
43.30 an admissions tax imposed under subdivision 1 must be paid to
43.31 the local unit of government at whose request it was imposed, at
43.32 times and in a manner the commission determines. All other
43.33 revenues Taxes received under this section by the commission,
43.34 and all license fees, fines, and other revenue it receives, and
43.35 fines collected under section 240.22 must be paid to the state
43.36 treasurer for deposit in the general fund. All revenues from
44.1 licenses and other fees imposed by the commission must be
44.2 deposited in the state treasury and credited to a racing and
44.3 card playing regulation account in the special revenue fund.
44.4 Receipts in this account are available for the operations of the
44.5 commission up to the amount authorized in biennial
44.6 appropriations from the legislature.
44.7 Sec. 41. Minnesota Statutes 2002, section 240.155,
44.8 subdivision 1, is amended to read:
44.9 Subdivision 1. [REIMBURSEMENT ACCOUNT CREDIT.] Money
44.10 received by the commission as reimbursement for the costs of
44.11 services provided by assistant veterinarians, stewards, and
44.12 medical testing of horses must be deposited in the state
44.13 treasury and credited to a racing reimbursement account, except
44.14 as provided under subdivision 2. Receipts are appropriated to
44.15 the commission to pay the costs of providing the services.
44.16 [EFFECTIVE DATE.] This section is effective the day
44.17 following final enactment.
44.18 Sec. 42. Minnesota Statutes 2002, section 240A.03,
44.19 subdivision 10, is amended to read:
44.20 Subd. 10. [USE AGREEMENTS AND FEES.] The commission may
44.21 lease, license, or enter into agreements and may fix, alter,
44.22 charge, and collect rentals, fees, and charges to persons for
44.23 the use, occupation, and availability of part or all of any
44.24 premises, property, or facilities under its ownership,
44.25 operation, or control. Fees charged by the commission are not
44.26 subject to section 16A.1285. The commission may also impose
44.27 other fees it deems appropriate with the approval of the
44.28 legislature according to section 16A.1283. Notwithstanding
44.29 section 16A.1283, when the legislature is not in session, the
44.30 commissioner of finance may grant interim approval of the fees,
44.31 until such time as the legislature reconvenes and acts upon the
44.32 fees. Revenues generated by the commission under this section
44.33 are appropriated to the commission. A use agreement may provide
44.34 that the other contracting party has exclusive use of the
44.35 premises at the times agreed upon.
44.36 Sec. 43. Minnesota Statutes 2002, section 240A.04, is
45.1 amended to read:
45.2 240A.04 [PROMOTION AND DEVELOPMENT OF AMATEUR SPORTS.]
45.3 In addition to the powers and duties granted under section
45.4 240A.03, the commission shall may:
45.5 (1) promote the development of olympic training centers;
45.6 (2) promote physical fitness by promoting participation in
45.7 sports;
45.8 (3) develop, foster, and coordinate physical fitness
45.9 services and programs;
45.10 (4) sponsor amateur sport workshops, clinics, and
45.11 conferences;
45.12 (5) provide recognition for outstanding developments,
45.13 achievements, and contributions to amateur sports;
45.14 (6) stimulate and promote amateur sport research;
45.15 (7) collect, disseminate, and communicate amateur sport
45.16 information;
45.17 (8) promote amateur sport and physical fitness programs in
45.18 schools and local communities;
45.19 (9) develop programs to promote personal health and
45.20 physical fitness by participation in amateur sports in
45.21 cooperation with medical, dental, sports medicine, and similar
45.22 professional societies;
45.23 (10) promote the development of recreational amateur sport
45.24 opportunities and activities in the state, including the means
45.25 of facilitating acquisition, financing, construction, and
45.26 rehabilitation of sports facilities for the holding of amateur
45.27 sporting events;
45.28 (11) promote national and international amateur sport
45.29 competitions and events;
45.30 (12) sanction or sponsor amateur sport competition;
45.31 (13) take membership in regional or national amateur sports
45.32 associations or organizations; and
45.33 (14) promote the mainstreaming and normalization of people
45.34 with physical disabilities and visual and hearing impairments in
45.35 amateur sports.
45.36 Sec. 44. Minnesota Statutes 2002, section 240A.06,
46.1 subdivision 1, is amended to read:
46.2 Subdivision 1. [SPONSORSHIP REQUIRED.] The commission
46.3 shall may sponsor and sanction a series of statewide amateur
46.4 athletic games patterned after the winter and summer Olympic
46.5 Games, with variations as required by facilities, equipment, and
46.6 expertise, and as necessary to include people with physical
46.7 disabilities and visual and hearing impairments. The games may
46.8 be held annually beginning in 1989, if money and facilities are
46.9 available, unless the time of the games would conflict with
46.10 other sporting events as the commission determines.
46.11 Sec. 45. Minnesota Statutes 2002, section 256B.435,
46.12 subdivision 2a, is amended to read:
46.13 Subd. 2a. [DURATION AND TERMINATION OF CONTRACTS.] (a) All
46.14 contracts entered into under this section are for a term of one
46.15 year. Either party may terminate this contract at any time
46.16 without cause by providing 90 calendar days' advance written
46.17 notice to the other party. Notwithstanding section 16C.05,
46.18 subdivisions 2, paragraph paragraphs (a) and (b), and 5, if
46.19 neither party provides written notice of termination, the
46.20 contract shall be renegotiated for additional one-year terms or
46.21 the terms of the existing contract will be extended for one
46.22 year. The provisions of the contract shall be renegotiated
46.23 annually by the parties prior to the expiration date of the
46.24 contract. The parties may voluntarily renegotiate the terms of
46.25 the contract at any time by mutual agreement.
46.26 (b) If a nursing facility fails to comply with the terms of
46.27 a contract, the commissioner shall provide reasonable notice
46.28 regarding the breach of contract and a reasonable opportunity
46.29 for the facility to come into compliance. If the facility fails
46.30 to come into compliance or to remain in compliance, the
46.31 commissioner may terminate the contract. If a contract is
46.32 terminated, provisions of section 256B.48, subdivision 1a, shall
46.33 apply.
46.34 Sec. 46. Minnesota Statutes 2002, section 270.052, is
46.35 amended to read:
46.36 270.052 [AGREEMENT WITH INTERNAL REVENUE SERVICE.]
47.1 Pursuant to section 270B.12, the commissioner may enter
47.2 into an agreement with the Internal Revenue Service to identify
47.3 taxpayers who have refunds due from the department of revenue
47.4 and liabilities owing to the Internal Revenue Service. In
47.5 accordance with the procedures established in the agreement, the
47.6 Internal Revenue Service may levy against the refunds to be paid
47.7 by the department of revenue. For each refund levied upon, the
47.8 commissioner shall first deduct from the refund a fee of $20,
47.9 and then remit the refund or the amount of the levy, whichever
47.10 is less, to the Internal Revenue Service. The proceeds of fees
47.11 shall be deposited into the department of revenue recapture
47.12 revolving fund under section 270A.07, subdivision 1.
47.13 [EFFECTIVE DATE.] This section is effective the day
47.14 following final enactment.
47.15 Sec. 47. Minnesota Statutes 2002, section 270.44, is
47.16 amended to read:
47.17 270.44 [CHARGES FOR COURSES, EXAMINATIONS OR MATERIALS.]
47.18 The board may establish reasonable fees or charges for
47.19 courses, examinations or materials, the proceeds of which shall
47.20 be used to finance the activities and operation of the
47.21 board. shall charge the following fees:
47.22 (1) $105 for a senior accredited Minnesota assessor
47.23 license;
47.24 (2) $80 for an accredited Minnesota assessor license;
47.25 (3) $65 for a certified Minnesota assessor specialist
47.26 license;
47.27 (4) $55 for a certified Minnesota assessor license;
47.28 (5) $50 for a course challenge examination;
47.29 (6) $35 for grading a form appraisal;
47.30 (7) $60 for grading a narrative appraisal;
47.31 (8) $30 for a reinstatement fee;
47.32 (9) $25 for a record retention fee;
47.33 (10) $20 for an educational transcript; and
47.34 (11) $30 for all retests of board-sponsored educational
47.35 courses.
47.36 [EFFECTIVE DATE.] This section is effective for license
48.1 terms beginning on or after July 1, 2004, and for all other fees
48.2 imposed on or after July 1, 2004.
48.3 Sec. 48. Minnesota Statutes 2002, section 270A.07,
48.4 subdivision 1, is amended to read:
48.5 Subdivision 1. [NOTIFICATION REQUIREMENT.] Any claimant
48.6 agency, seeking collection of a debt through setoff against a
48.7 refund due, shall submit to the commissioner information
48.8 indicating the amount of each debt and information identifying
48.9 the debtor, as required by section 270A.04, subdivision 3.
48.10 For each setoff of a debt against a refund due, the
48.11 commissioner shall charge a fee of $10 $15. The proceeds of
48.12 fees shall be allocated by depositing $2.55 $4 of each $10 $15
48.13 fee collected into a department of revenue recapture revolving
48.14 fund and depositing the remaining balance into the general
48.15 fund. The sums deposited into the revolving fund are
48.16 appropriated to the commissioner for the purpose of
48.17 administering the Revenue Recapture Act.
48.18 The claimant agency shall notify the commissioner when a
48.19 debt has been satisfied or reduced by at least $200 within 30
48.20 days after satisfaction or reduction.
48.21 [EFFECTIVE DATE.] This section is effective for refund
48.22 setoffs after June 30, 2003.
48.23 Sec. 49. Minnesota Statutes 2002, section 289A.08,
48.24 subdivision 16, is amended to read:
48.25 Subd. 16. [TAX REFUND OR RETURN PREPARERS; ELECTRONIC
48.26 FILING; PAPER FILING FEE IMPOSED.] (a) A "tax refund or return
48.27 preparer," as defined in section 289A.60, subdivision 13,
48.28 paragraph (g), who prepared more than 500 Minnesota individual
48.29 income tax returns for the prior calendar year must file all
48.30 Minnesota individual income tax returns prepared for the current
48.31 calendar year by electronic means.
48.32 (b) For tax returns prepared for the tax year beginning in
48.33 2001, the "500" in paragraph (a) is reduced to 250.
48.34 (c) For tax returns prepared for tax years beginning after
48.35 December 31, 2001, the "500" in paragraph (a) is reduced to 100.
48.36 (d) Paragraph (a) does not apply to a return if the
49.1 taxpayer has indicated on the return that the taxpayer did not
49.2 want the return filed by electronic means.
49.3 (e) For each return that is not filed electronically by a
49.4 tax refund or return preparer under this subdivision, including
49.5 returns filed under paragraph (d), a paper filing fee of $5 is
49.6 imposed upon the preparer. The fee is collected from the
49.7 preparer in the same manner as income tax.
49.8 [EFFECTIVE DATE.] This section is effective for returns
49.9 filed for tax years beginning after December 31, 2002.
49.10 Sec. 50. Minnesota Statutes 2002, section 303.14, is
49.11 amended to read:
49.12 303.14 [ANNUAL REPORT.]
49.13 Subdivision 1. [FILED WITH SECRETARY OF STATE; CONTENTS.]
49.14 Each calendar year beginning in the calendar year following the
49.15 calendar year in which a corporation receives a certificate of
49.16 authority to do business in Minnesota, the secretary of state
49.17 must mail by first class mail transmit an annual registration
49.18 form to the registered office of each corporation as shown on
49.19 the records of the secretary of state. The form must include
49.20 the following notice:
49.21 "NOTICE: Failure to file this form by December 31 of this
49.22 year will result in the revocation of the authority of this
49.23 corporation to transact business in Minnesota without further
49.24 notice from the secretary of state, pursuant to Minnesota
49.25 Statutes, section 303.17."
49.26 The corporation will submit a $115 $125 fee with the annual
49.27 registration and will set forth on the form:
49.28 (1) the name of the corporation, and, if the corporation
49.29 has designated an alternate name pursuant to section 303.05,
49.30 subdivision 1, that alternate name;
49.31 (2) the name of the registered agent of the corporation in
49.32 Minnesota;
49.33 (3) the address of its registered office;
49.34 (4) the state of incorporation; and
49.35 (5) the name and business address of the officer or other
49.36 person exercising the principal functions of the chief executive
50.1 officer of the corporation.
50.2 Sec. 51. [326.992] [BOND REQUIREMENT; GAS, HEATING,
50.3 VENTILATION, AIR CONDITIONING, REFRIGERATION (G/HVACR)
50.4 CONTRACTORS.]
50.5 (a) A person contracting to do gas, heating, ventilation,
50.6 cooling, air conditioning, fuel burning, or refrigeration work
50.7 must give bond to the state in the amount of $25,000 for all
50.8 work entered into within the state. The bond must be for the
50.9 benefit of persons suffering financial loss by reason of the
50.10 contractor's failure to comply with the requirements of the
50.11 State Mechanical Code. A bond given to the state must be filed
50.12 with the commissioner of administration and is in lieu of all
50.13 other bonds to any political subdivision required for work
50.14 covered by this section. The bond must be written by a
50.15 corporate surety licensed to do business in the state.
50.16 (b) The commissioner of administration may charge each
50.17 person giving bond under this section an annual bond filing fee
50.18 of $25. The money must be deposited in a special revenue fund
50.19 and is appropriated to the commissioner to cover the cost of
50.20 administering the bond program.
50.21 Sec. 52. Minnesota Statutes 2002, section 349A.08,
50.22 subdivision 5, is amended to read:
50.23 Subd. 5. [PAYMENT; UNCLAIMED PRIZES.] A prize in the state
50.24 lottery must be claimed by the winner within one year of the
50.25 date of the drawing at which the prize was awarded or the last
50.26 day sales were authorized for a game where a prize was
50.27 determined in a manner other than by means of a drawing. If a
50.28 valid claim is not made for a prize payable directly by the
50.29 lottery by the end of this period, the prize money is considered
50.30 unclaimed and the winner of the prize shall have no further
50.31 claim to the prize. A prize won by a person who purchased the
50.32 winning ticket in violation of section 349A.12, subdivision 1,
50.33 or won by a person ineligible to be awarded a prize under
50.34 subdivision 7 must be treated as an unclaimed prize under this
50.35 section. The director shall must transfer 70 percent of all
50.36 unclaimed prize money at the end of each fiscal year from the
51.1 lottery cash flow account as follows: of the 70 percent, 40
51.2 percent must be transferred to the Minnesota environment and
51.3 natural resources trust fund and 60 percent must be transferred
51.4 to the general fund. The remaining 30 percent of the unclaimed
51.5 prize money must be added by the director to prize pools of
51.6 subsequent lottery games.
51.7 Sec. 53. Minnesota Statutes 2002, section 349A.15, is
51.8 amended to read:
51.9 349A.15 [REPORT.]
51.10 Subdivision 1. [FINANCIAL REPORT.] The director shall file
51.11 an annual report with the governor and legislature which must
51.12 include a complete statement of lottery revenues, administrative
51.13 and operating costs, net proceeds transferred, and other
51.14 financial transactions for the period the report covers.
51.15 Subd. 2. [EFFICIENCY AND PERFORMANCE STUDY.] The director
51.16 shall conduct a study analyzing the efficiency and performance
51.17 of the current state lottery system. The study must review and
51.18 compare the administrative costs of other state lotteries,
51.19 review the current salary structure for state lottery employees,
51.20 investigate the benefits and liabilities of building ownership
51.21 versus leasing arrangements, and identify possible changes that
51.22 would increase revenue from the lottery to the environmental and
51.23 natural resources trust fund. The director shall engage an
51.24 outside, independent consultant to review and attest to the
51.25 accuracy of the study. The director shall report the results of
51.26 the study and any recommendations for changes in lottery
51.27 operations to the governor and the legislature by February 1,
51.28 2004. This subdivision expires June 30, 2004.
51.29 Sec. 54. Minnesota Statutes 2002, section 403.02,
51.30 subdivision 10, is amended to read:
51.31 Subd. 10. [COMMISSIONER.] "Commissioner" means the
51.32 commissioner of administration public safety.
51.33 Sec. 55. Minnesota Statutes 2002, section 403.06, is
51.34 amended to read:
51.35 403.06 [DEPARTMENT DUTIES.]
51.36 Subdivision 1. [DUTIES.] (a) The department of
52.1 administration commissioner shall coordinate the maintenance of
52.2 911 systems. The department commissioner shall aid counties in
52.3 the formulation of concepts, methods, and procedures which will
52.4 improve the operation and maintenance of 911 systems. The
52.5 department commissioner shall establish procedures for
52.6 determining and evaluating requests for variations from the
52.7 established design standards. The department commissioner shall
52.8 respond to requests by wireless or wire line telecommunications
52.9 service providers or by counties or other governmental agencies
52.10 for system agreements, contracts, and tariff language promptly
52.11 and no later than within 45 days of the request unless otherwise
52.12 mutually agreed to by the parties.
52.13 (b) The department commissioner shall prepare a biennial
52.14 budget for maintaining the 911 system. By December 15 of each
52.15 year, the department commissioner shall prepare an annual
52.16 submit a report to the legislature detailing the expenditures
52.17 for maintaining the 911 system, the 911 fees collected, the
52.18 balance of the 911 fund, and the 911-related administrative
52.19 expenses of the department commissioner. The department
52.20 commissioner is authorized to expend funds money that have has
52.21 been appropriated to pay for the maintenance, enhancements, and
52.22 expansion of the 911 system.
52.23 Subd. 2. [WAIVER.] Any county, other governmental agency,
52.24 wireless telecommunications service provider, or wire line
52.25 telecommunications service provider may petition the department
52.26 of administration commissioner for a waiver of all or portions
52.27 of the requirements. A waiver may be granted upon a
52.28 demonstration by the petitioner that the requirement is
52.29 economically infeasible.
52.30 Sec. 56. Minnesota Statutes 2002, section 403.07,
52.31 subdivision 1, is amended to read:
52.32 Subdivision 1. [RULES.] The department of
52.33 administration commissioner shall establish and adopt in
52.34 accordance with chapter 14, rules for the administration of this
52.35 chapter and for the development of 911 systems in the state
52.36 including:
53.1 (1) design standards for 911 systems incorporating the
53.2 standards adopted pursuant to subdivision 2 for the seven-county
53.3 metropolitan area; and
53.4 (2) a procedure for determining and evaluating requests for
53.5 variations from the established design standards.
53.6 Sec. 57. Minnesota Statutes 2002, section 403.07,
53.7 subdivision 2, is amended to read:
53.8 Subd. 2. [DESIGN STANDARDS.] The metropolitan 911 board
53.9 shall establish and adopt design standards for the metropolitan
53.10 area 911 system and transmit them to the department of
53.11 administration commissioner for incorporation into the rules
53.12 adopted pursuant to this section.
53.13 Sec. 58. Minnesota Statutes 2002, section 403.07,
53.14 subdivision 3, is amended to read:
53.15 Subd. 3. [DATABASE.] In 911 systems that have been
53.16 approved by the department of administration commissioner for a
53.17 local location identification database, each wire line
53.18 telecommunications service provider shall provide current
53.19 customer names, service addresses, and telephone numbers to each
53.20 public safety answering point within the 911 system and shall
53.21 update the information according to a schedule prescribed by the
53.22 county 911 plan. Information provided under this subdivision
53.23 must be provided in accordance with the transactional record
53.24 disclosure requirements of the federal Electronic Communications
53.25 Privacy Act of 1986, United States Code, title 18, section 2703,
53.26 subsection (c), paragraph (1), subparagraph (B)(iv).
53.27 Sec. 59. Minnesota Statutes 2002, section 403.09,
53.28 subdivision 1, is amended to read:
53.29 Subdivision 1. [DEPARTMENT AUTHORITY.] At the request of
53.30 either the department of administration commissioner of
53.31 administration or the commissioner of public safety, the
53.32 attorney general may commence proceedings in the district court
53.33 against any person or public or private body to enforce the
53.34 provisions of this chapter.
53.35 Sec. 60. Minnesota Statutes 2002, section 403.11, is
53.36 amended to read:
54.1 403.11 [911 SYSTEM COST ACCOUNTING REQUIREMENTS; FEE.]
54.2 Subdivision 1. [EMERGENCY TELECOMMUNICATIONS SERVICE FEE.]
54.3 (a) Each customer of a wireless or wire line telecommunications
54.4 service provider that furnishes service capable of originating a
54.5 911 emergency telephone call is assessed a fee to cover the
54.6 costs of ongoing maintenance and related improvements for
54.7 trunking and central office switching equipment for 911
54.8 emergency telecommunications service, plus administrative and
54.9 staffing costs of the department of administration commissioner
54.10 related to managing the 911 emergency telecommunications service
54.11 program. Recurring charges by a wire line telecommunications
54.12 service provider for updating the information required by
54.13 section 403.07, subdivision 3, must be paid by the
54.14 commissioner of administration if the wire line
54.15 telecommunications service provider is included in an approved
54.16 911 plan and the charges are made pursuant to tariff, price
54.17 list, or contract. The commissioner of administration shall
54.18 transfer an amount equal to two cents a month from The fee
54.19 assessed under this section on wireless telecommunications
54.20 services to the commissioner of public safety must also be used
54.21 for the purpose of offsetting the costs, including
54.22 administrative and staffing costs, incurred by the state patrol
54.23 division of the department of public safety in handling 911
54.24 emergency calls made from wireless phones.
54.25 (b) Money remaining in the 911 emergency telecommunications
54.26 service account after all other obligations are paid must not
54.27 cancel and is carried forward to subsequent years and may be
54.28 appropriated from time to time to the commissioner of
54.29 administration to provide financial assistance to counties for
54.30 the improvement of local emergency telecommunications services.
54.31 The improvements may include providing access to 911 service for
54.32 telecommunications service subscribers currently without access
54.33 and upgrading existing 911 service to include automatic number
54.34 identification, local location identification, automatic
54.35 location identification, and other improvements specified in
54.36 revised county 911 plans approved by the department commissioner.
55.1 (c) The fee may not be less than eight cents nor more than
55.2 33 52 cents a month for each customer access line or other basic
55.3 access service, including trunk equivalents as designated by the
55.4 public utilities commission for access charge purposes and
55.5 including wireless telecommunications services. With the
55.6 approval of the commissioner of finance, the commissioner of
55.7 administration public safety shall establish the amount of the
55.8 fee within the limits specified and inform the companies and
55.9 carriers of the amount to be collected. The commissioner shall
55.10 provide companies and carriers a minimum of 45 days' notice of
55.11 each fee change. For fiscal year 2003, the commissioner of
55.12 administration shall provide a minimum of 35 days' notice of
55.13 each fee change. The fee must be the same for all customers.
55.14 (d) The fee must be collected by each wireless or wire line
55.15 telecommunications service provider subject to the fee. Fees
55.16 are payable to and must be submitted to the commissioner of
55.17 administration monthly before the 25th of each month following
55.18 the month of collection, except that fees may be submitted
55.19 quarterly if less than $250 a month is due, or annually if less
55.20 than $25 a month is due. Receipts must be deposited in the
55.21 state treasury and credited to a 911 emergency
55.22 telecommunications service account in the special revenue fund.
55.23 The money in the account may only be used for 911
55.24 telecommunications services as provided in paragraph (a).
55.25 (e) This subdivision does not apply to customers of
55.26 interexchange carriers.
55.27 (f) The installation and recurring charges for integrating
55.28 wireless 911 calls into enhanced 911 systems must be paid by the
55.29 commissioner if the 911 service provider is included in the
55.30 statewide design plan and the charges are made pursuant to
55.31 tariff, price list, or contract.
55.32 Subd. 3. [METHOD OF PAYMENT.] (a) Any wireless or wire
55.33 line telecommunications service provider incurring reimbursable
55.34 costs under subdivision 1 shall submit an invoice itemizing rate
55.35 elements by county or service area to the commissioner of
55.36 administration for 911 services furnished under tariff, price
56.1 list, or contract. Any wireless or wire line telecommunications
56.2 service provider is eligible to receive payment for 911 services
56.3 rendered according to the terms and conditions specified in the
56.4 contract. Competitive local exchange carriers holding
56.5 certificates of authority from the public utilities commission
56.6 are eligible to receive payment for recurring 911 services
56.7 provided after July 1, 2001. The commissioner shall pay the
56.8 invoice within 30 days following receipt of the invoice unless
56.9 the commissioner notifies the service provider that the
56.10 commissioner disputes the invoice.
56.11 (b) The commissioner of administration shall estimate the
56.12 amount required to reimburse wireless and wire line
56.13 telecommunications service providers for the state's obligations
56.14 under subdivision 1 and the governor shall include the estimated
56.15 amount in the biennial budget request.
56.16 Subd. 3a. [TIMELY CERTIFICATION.] A certification must be
56.17 submitted to the commissioner of administration no later than
56.18 two years after commencing a new or additional eligible 911
56.19 service. Any wireless or wire line telecommunications service
56.20 provider incurring reimbursable costs under this section at any
56.21 time before January 1, 2003, may certify those costs for payment
56.22 to the commissioner of administration according to this section
56.23 for a period of 90 days after January 1, 2003. During this
56.24 period, the commissioner of administration shall reimburse any
56.25 wireless or wire line telecommunications service provider for
56.26 approved, certified costs without regard to any contrary
56.27 provision of this subdivision.
56.28 Subd. 3b. [CERTIFICATION.] All wireless and wire line
56.29 telecommunications service providers shall submit a
56.30 self-certification form signed by an officer of the company to
56.31 the department commissioner with invoices for payment of an
56.32 initial or changed service described in the service provider's
56.33 911 contract. The self-certification shall affirm that the 911
56.34 service contracted for is being provided and the costs invoiced
56.35 for the service are true and correct. All certifications are
56.36 subject to verification and audit.
57.1 Subd. 3c. [AUDIT.] If the commissioner of administration
57.2 determines that an audit is necessary to document the
57.3 certification described in subdivision 3b, the wireless or wire
57.4 line telecommunications service provider must contract with an
57.5 independent certified public accountant to conduct the audit.
57.6 The audit must be conducted according to generally accepted
57.7 accounting principles. The wireless or wire line
57.8 telecommunications service provider is responsible for any costs
57.9 associated with the audit.
57.10 Subd. 4. [LOCAL RECURRING COSTS.] Recurring costs of
57.11 telecommunications equipment and services at public safety
57.12 answering points must be borne by the local governmental agency
57.13 operating the public safety answering point or allocated
57.14 pursuant to section 403.10, subdivision 3. Costs attributable
57.15 to local government electives for services not otherwise
57.16 addressed under section 403.11 or 403.113 must be borne by the
57.17 governmental agency requesting the elective service.
57.18 Subd. 5. [TARIFF NOTIFICATION.] Wire line
57.19 telecommunications service providers or wireless
57.20 telecommunications service providers holding eligible
57.21 telecommunications carrier status shall give notice to the
57.22 department of administration commissioner and any other affected
57.23 governmental agency of tariff or price list changes related to
57.24 911 service at the same time that the filing is made with the
57.25 public utilities commission.
57.26 Sec. 61. Minnesota Statutes 2002, section 403.113, is
57.27 amended to read:
57.28 403.113 [ENHANCED 911 SERVICE COSTS; FEE.]
57.29 Subdivision 1. [FEE.] (a) Each customer receiving service
57.30 from a wireless or wire line telecommunications service provider
57.31 is assessed a fee to fund implementation, operation,
57.32 maintenance, enhancement, and expansion of enhanced 911 service,
57.33 including acquisition of necessary equipment and the costs of
57.34 the commissioner to administer the program. The actual fee
57.35 assessed under section 403.11 and the enhanced 911 service fee
57.36 must be collected as one amount and may not exceed the amount
58.1 specified in section 403.11, subdivision 1, paragraph (c).
58.2 (b) The enhanced 911 service fee must be collected and
58.3 deposited in the same manner as the fee in section 403.11 and
58.4 used solely for the purposes of paragraph (a) and subdivision 3.
58.5 (c) The commissioner of the department of administration,
58.6 in consultation with counties and 911 system users, shall
58.7 determine the amount of the enhanced 911 service fee and. The
58.8 fee must include at least 20 cents per month to be distributed
58.9 under subdivision 2. The commissioner shall inform wireless and
58.10 wire line telecommunications service providers that provide
58.11 service capable of originating a 911 emergency telephone call of
58.12 the total amount of the 911 service fees in the same manner as
58.13 provided in section 403.11.
58.14 Subd. 2. [DISTRIBUTION OF MONEY.] (a) After payment of the
58.15 costs of the department of administration commissioner to
58.16 administer the program, the commissioner shall distribute the
58.17 money collected under this section as follows:
58.18 (1) one-half of the amount equally to all qualified
58.19 counties, and after October 1, 1997, to all qualified counties,
58.20 existing ten public safety answering points operated by the
58.21 Minnesota state patrol, and each governmental entity operating
58.22 the individual public safety answering points serving the
58.23 metropolitan airports commission, the Red Lake Indian
58.24 Reservation, and the University of Minnesota police department;
58.25 and
58.26 (2) the remaining one-half to qualified counties and cities
58.27 with existing 911 systems based on each county's or city's
58.28 percentage of the total population of qualified counties and
58.29 cities. The population of a qualified city with an existing
58.30 system must be deducted from its county's population when
58.31 calculating the county's share under this clause if the city
58.32 seeks direct distribution of its share.
58.33 (b) A county's share under subdivision 1 must be shared pro
58.34 rata between the county and existing city systems in the
58.35 county. A county or city or other governmental entity as
58.36 described in paragraph (a), clause (1), shall deposit money
59.1 received under this subdivision in an interest-bearing fund or
59.2 account separate from the governmental entity's general fund and
59.3 may use money in the fund or account only for the purposes
59.4 specified in subdivision 3.
59.5 (c) A county or city or other governmental entity as
59.6 described in paragraph (a), clause (1), is not qualified to
59.7 share in the distribution of money for enhanced 911 service if
59.8 it has not implemented enhanced 911 service before December 31,
59.9 1998.
59.10 (d) For the purposes of this subdivision, "existing city
59.11 system" means a city 911 system that provides at least basic 911
59.12 service and that was implemented on or before April 1, 1993.
59.13 Subd. 3. [LOCAL EXPENDITURES.] (a) Money distributed under
59.14 subdivision 2 for enhanced 911 service may be spent on enhanced
59.15 911 system costs for the purposes stated in subdivision 1,
59.16 paragraph (a). In addition, money may be spent to lease,
59.17 purchase, lease-purchase, or maintain enhanced 911 equipment,
59.18 including telephone equipment; recording equipment; computer
59.19 hardware; computer software for database provisioning,
59.20 addressing, mapping, and any other software necessary for
59.21 automatic location identification or local location
59.22 identification; trunk lines; selective routing equipment; the
59.23 master street address guide; dispatcher public safety answering
59.24 point equipment proficiency and operational skills; pay for
59.25 long-distance charges incurred due to transferring 911 calls to
59.26 other jurisdictions; and the equipment necessary within the
59.27 public safety answering point for community alert systems and to
59.28 notify and communicate with the emergency services requested by
59.29 the 911 caller.
59.30 (b) Money distributed for enhanced 911 service may not be
59.31 spent on:
59.32 (1) purchasing or leasing of real estate or cosmetic
59.33 additions to or remodeling of communications centers;
59.34 (2) mobile communications vehicles, fire engines,
59.35 ambulances, law enforcement vehicles, or other emergency
59.36 vehicles;
60.1 (3) signs, posts, or other markers related to addressing or
60.2 any costs associated with the installation or maintenance of
60.3 signs, posts, or markers.
60.4 Subd. 4. [AUDITS.] Each county and city or other
60.5 governmental entity as described in subdivision 2, paragraph
60.6 (a), clause (1), shall conduct an annual audit on the use of
60.7 funds distributed to it for enhanced 911 service. A copy of
60.8 each audit report must be submitted to the commissioner of
60.9 administration.
60.10 Sec. 62. Minnesota Statutes 2002, section 473.891,
60.11 subdivision 10, is amended to read:
60.12 Subd. 10. [SECOND PHASE.] "Second phase" means the
60.13 metropolitan radio board building subsystems for providing
60.14 assistance to local government units building subsystems in the
60.15 metropolitan area that did not build their own subsystems in the
60.16 first phase.
60.17 Sec. 63. Minnesota Statutes 2002, section 473.891, is
60.18 amended by adding a subdivision to read:
60.19 Subd. 11. [THIRD PHASE.] "Third phase" means an extension
60.20 of the backbone system to serve the southeast and central
60.21 districts of the state patrol.
60.22 Sec. 64. Minnesota Statutes 2002, section 473.898,
60.23 subdivision 1, is amended to read:
60.24 Subdivision 1. [AUTHORIZATION.] The council, if requested
60.25 by a vote of at least two-thirds of all of the members of the
60.26 metropolitan radio board may, by resolution, authorize the
60.27 issuance of its revenue bonds for any of the following purposes
60.28 to:
60.29 (1) provide funds for regionwide mutual aid and emergency
60.30 medical services communications;
60.31 (2) provide funds for the elements of the first phase of
60.32 the regionwide public safety radio communications system that
60.33 the board determines are of regionwide benefit and support
60.34 mutual aid and emergency medical services communication
60.35 including, but not limited to, costs of master controllers of
60.36 the backbone;
61.1 (3) provide money for the second phase of the public safety
61.2 radio communication system; or
61.3 (4) provide money for the third phase of the public safety
61.4 radio communication system;
61.5 (5) to the extent money is available after meeting the
61.6 needs described in clauses (1) to (3), provide money to
61.7 reimburse local units of government for amounts expended for
61.8 capital improvements to the first phase system previously paid
61.9 for by the local government units; or
61.10 (6) refund bonds issued under this section.
61.11 Sec. 65. Minnesota Statutes 2002, section 473.898,
61.12 subdivision 3, is amended to read:
61.13 Subd. 3. [LIMITATIONS.] (a) The principal amount of the
61.14 bonds issued pursuant to subdivision 1, exclusive of any
61.15 original issue discount, shall not exceed the amount of
61.16 $10,000,000 plus the amount the council determines necessary to
61.17 pay the costs of issuance, fund reserves, debt service, and pay
61.18 for any bond insurance or other credit enhancement.
61.19 (b) In addition to the amount authorized under paragraph
61.20 (a), the council may issue bonds under subdivision 1 in a
61.21 principal amount of $3,306,300, plus the amount the council
61.22 determines necessary to pay the cost of issuance, fund reserves,
61.23 debt service, and any bond insurance or other credit
61.24 enhancement. The proceeds of bonds issued under this paragraph
61.25 may not be used to finance portable or subscriber radio sets.
61.26 (c) In addition to the amount authorized under paragraphs
61.27 (a) and (b), the council may issue bonds under subdivision 1 in
61.28 a principal amount of $12,000,000 $20,000,000, plus the amount
61.29 the council determines necessary to pay the costs of issuance,
61.30 fund reserves, debt service, and any bond insurance or other
61.31 credit enhancement. The proceeds of bonds issued under this
61.32 paragraph must be used to pay up to 30 55 percent of the cost to
61.33 a local government unit of building a subsystem and may not be
61.34 used to finance portable or subscriber radio sets. The bond
61.35 proceeds may be used to make improvements to an existing 800 MHz
61.36 radio system that will interoperate with the regionwide public
62.1 safety radio communication system, provided that the
62.2 improvements conform to the board's plan and technical
62.3 standards. The council must time the sale and issuance of the
62.4 bonds so that the debt service on the bonds can be covered by
62.5 the additional revenue that will become available in the fiscal
62.6 year ending June 30, 2005, generated under section 403.11 and
62.7 appropriated under section 473.901.
62.8 (d) In addition to the amount authorized under paragraphs
62.9 (a) to (c), the council may issue bonds under subdivision 1 in a
62.10 principal amount of up to $40,000,000, plus the amount the
62.11 council determines necessary to pay the costs of issuance, fund
62.12 reserves, debt service, and any bond insurance or other credit
62.13 enhancement. The proceeds of bonds issued under this paragraph
62.14 are appropriated to the commissioner of public safety for phase
62.15 three of the public safety radio communication system. In
62.16 anticipation of the receipt by the commissioner of public safety
62.17 of the bond proceeds, the metropolitan radio board may advance
62.18 money from its operating appropriation to the commissioner of
62.19 public safety to pay for design and preliminary engineering for
62.20 phase three. The commissioner of public safety must return
62.21 these amounts to the metropolitan radio board when the bond
62.22 proceeds are received.
62.23 Sec. 66. Minnesota Statutes 2002, section 473.901, is
62.24 amended to read:
62.25 473.901 [ADMINISTRATION DEPARTMENT APPROPRIATION;
62.26 TRANSFERS; BUDGET.]
62.27 Subdivision 1. [STANDING APPROPRIATION; COSTS COVERED.]
62.28 For each fiscal year beginning with the fiscal year commencing
62.29 July 1, 1997, the amount necessary to pay the following costs is
62.30 appropriated to the commissioner of administration public safety
62.31 from the 911 emergency telephone telecommunications service
62.32 account established under section 403.11:
62.33 (1) debt service costs and reserves for bonds issued
62.34 pursuant to section 473.898;
62.35 (2) repayment of the right-of-way acquisition loans;
62.36 (3) costs of design, construction, maintenance of, and
63.1 improvements to those elements of the first and, second, and
63.2 third phases that support mutual aid communications and
63.3 emergency medical services;
63.4 (4) recurring charges for leased sites and equipment for
63.5 those elements of the first and, second, and third phases that
63.6 support mutual aid and emergency medical communication services;
63.7 or
63.8 (5) aid to local units of government for sites and
63.9 equipment in support of mutual aid and emergency medical
63.10 communications services.
63.11 This appropriation shall be used to pay annual debt service
63.12 costs and reserves for bonds issued pursuant to section 473.898
63.13 prior to use of fee money to pay other costs eligible under this
63.14 subdivision. In no event shall the appropriation for each
63.15 fiscal year exceed an amount equal to four cents a month for
63.16 each customer access line or other basic access service,
63.17 including trunk equivalents as designated by the public
63.18 utilities commission for access charge purposes and including
63.19 cellular and other nonwire access services, in the fiscal year.
63.20 Beginning July 1, 2004, this amount will increase to 5.5 13
63.21 cents a month.
63.22 Subd. 2. [RADIO BOARD BUDGET.] The metropolitan council
63.23 shall transmit the annual budget of the radio board to the
63.24 commissioner of administration public safety no later than
63.25 December 15 of each year. The commissioner of administration
63.26 shall include all eligible costs approved by the radio board for
63.27 the regionwide public safety communication system in its the
63.28 commissioner's request for legislative appropriations from the
63.29 911 emergency telephone telecommunications service fee account.
63.30 All eligible costs approved by the radio board shall be included
63.31 in the commissioner of administration's appropriation request.
63.32 Subd. 3. [MONTHLY APPROPRIATION TRANSFERS.] Each month,
63.33 before the 25th day of the month, the commissioner of
63.34 administration shall transmit to the metropolitan council 1/12
63.35 of its total approved appropriation for the regionwide public
63.36 safety communication system.
64.1 Subd. 4. [IMPLEMENTATION OF PHASES THREE TO SIX.] To
64.2 implement phases three to six of the statewide public safety
64.3 radio communication system, the commissioner of public safety
64.4 shall contract with the commissioner of transportation to
64.5 construct, own, operate, maintain, and enhance the elements of
64.6 phases three to six identified in the plan developed under
64.7 section 473.907. The commissioner of transportation, under
64.8 appropriate state law, shall contract for, or procure by
64.9 purchase or lease (including joint purchase and lease
64.10 agreements), construction, installation of materials, supplies
64.11 and equipment, and other services as may be needed to build,
64.12 operate, and maintain phases three to six of the system.
64.13 Sec. 67. Minnesota Statutes 2002, section 473.902, is
64.14 amended by adding a subdivision to read:
64.15 Subd. 6. [OPERATING COSTS OF PHASES THREE TO SIX.] (a) The
64.16 ongoing costs of the commissioner in operating phases three to
64.17 six of the statewide public safety radio communication system
64.18 shall be allocated among and paid by the following users, all in
64.19 accordance with the statewide public safety radio communication
64.20 system plan developed by the planning committee under section
64.21 473.907:
64.22 (1) the state of Minnesota for its operations using the
64.23 system;
64.24 (2) all local government units using the system; and
64.25 (3) other eligible users of the system.
64.26 (b) Each local government and other eligible users of
64.27 phases three to six of the system shall pay to the commissioner
64.28 all sums charged under this section, at the times and in the
64.29 manner determined by the commissioner. The governing body of
64.30 each local government shall take all action that may be
64.31 necessary to provide the funds required for these payments and
64.32 to make the payments when due.
64.33 Sec. 68. Minnesota Statutes 2002, section 473.907,
64.34 subdivision 1, is amended to read:
64.35 Subdivision 1. [PLANNING COMMITTEE.] (a) The commissioner
64.36 of public safety shall convene and chair a planning committee to
65.1 develop a project plan for a statewide, shared, trunked public
65.2 safety radio communication system.
65.3 (b) The planning committee consists of the following
65.4 members or their designees:
65.5 (1) the commissioner of public safety;
65.6 (2) the commissioner of transportation;
65.7 (3) the commissioner of administration;
65.8 (4) the commissioner of natural resources;
65.9 (5) the chair of the metropolitan radio board;
65.10 (6) the president of the Minnesota sheriffs' association;
65.11 (7) a representative of the league of Minnesota cities from
65.12 the metropolitan area; and
65.13 (8) a representative of the league of Minnesota cities from
65.14 greater Minnesota; and
65.15 (9) a representative of the association of Minnesota
65.16 counties from greater Minnesota.
65.17 Additionally, the commissioner of finance or a designee
65.18 shall serve on the committee as a nonvoting member.
65.19 (c) The planning committee must implement the project plan
65.20 and establish the statewide, shared trunked radio and
65.21 communications system. The commissioner of public safety is
65.22 designated as the chair of the planning committee. The
65.23 commissioner of public safety and the planning committee have
65.24 overall responsibility for the successful completion of
65.25 statewide communications infrastructure system integration.
65.26 (d) The planning committee must establish one or more
65.27 advisory groups for the purpose of advising on the plan, design,
65.28 implementation and administration of the statewide, shared
65.29 trunked radio and communications system. At least one such
65.30 group must consist of the following members:
65.31 (1) the chair of the metropolitan radio board or a
65.32 designee;
65.33 (2) the chief of the Minnesota state patrol;
65.34 (3) a representative of the Minnesota state sheriffs'
65.35 association;
65.36 (4) a representative of the Minnesota chiefs of police
66.1 association; and
66.2 (5) a representative of the Minnesota fire chiefs'
66.3 association.
66.4 Sec. 69. [473.908] [SUNSET.]
66.5 Notwithstanding Laws 2001, chapter 176, the metropolitan
66.6 radio board shall continue in existence through June 30, 2007.
66.7 Sec. 70. Laws 1998, chapter 366, section 80, as amended by
66.8 Laws 2001, First Special Session chapter 10, article 2, section
66.9 86, is amended to read:
66.10 Sec. 80. [SETTLEMENT DIVISION; TRANSFER OF JUDGES.]
66.11 The office of administrative hearings shall establish a
66.12 settlement division. The workers' compensation judges at the
66.13 department of labor and industry, together with their support
66.14 staff, offices, furnishings, equipment, and supplies, are
66.15 transferred to the settlement division of the office of
66.16 administrative hearings. Minnesota Statutes, section 15.039,
66.17 applies to the transfer of employees. The settlement division
66.18 of the office of administrative hearings shall maintain offices
66.19 in either Hennepin or Ramsey county and the cities city of
66.20 Duluth and Detroit Lakes. The office of a judge in the
66.21 settlement division of the office of administrative hearings and
66.22 the support staff of the judge may be located in a building that
66.23 contains offices of the department of labor and industry. The
66.24 seniority of a workers' compensation judge at the office of
66.25 administrative hearings, after the transfer, shall be based on
66.26 the total length of service as a judge at either agency. For
66.27 purposes of the commissioner's plan under Minnesota Statutes,
66.28 section 43A.18, subdivision 2, all compensation judges at the
66.29 office of administrative hearings shall be considered to be in
66.30 the same employment condition, the same organizational unit and
66.31 qualified for work in either division.
66.32 Sec. 71. [ELECTED OFFICIAL SALARIES.]
66.33 Subdivision 1. [LEGISLATORS.] The salary for legislators
66.34 is decreased one percent, effective July 1, 2003, through June
66.35 30, 2005.
66.36 Subd. 2. [CONSTITUTIONAL OFFICERS.] The salary for each of
67.1 the following officials is decreased by one percent, effective
67.2 July 1, 2003, through June 30, 2005: governor, lieutenant
67.3 governor, attorney general, secretary of state, state auditor,
67.4 and treasurer. The compensation increases for the attorney
67.5 general, state auditor, secretary of state, and lieutenant
67.6 governor specified in Laws 2001, First Special Session chapter
67.7 10, article 1, section 2, subdivision 4, must not take effect
67.8 until July 1, 2005.
67.9 Subd. 3. [EFFECT ON OTHER COMPENSATION.] (a)
67.10 Notwithstanding Minnesota Statutes, sections 85A.02, subdivision
67.11 5a, 116O.04, subdivision 1, and 349A.02, subdivision 1, or other
67.12 law to the contrary, the salary of a state employee, other than
67.13 the officials specified in subdivision 2, must not be decreased
67.14 from the amount paid on the effective date of this section as a
67.15 result of subdivision 2.
67.16 (b) Notwithstanding Minnesota Statutes, section 43A.17,
67.17 subdivision 9, the compensation of a political subdivision
67.18 employee on the effective date of this section that would exceed
67.19 95 percent of the salary of the governor as a result of
67.20 subdivision 2 must not be decreased as a result of subdivision 2.
67.21 [EFFECTIVE DATE.] This section is effective July 1, 2003.
67.22 Sec. 72. [IMPLEMENTATION.]
67.23 (a) Within 30 days of the effective date of this section, a
67.24 task force shall convene to plan the implementation of Minnesota
67.25 Statutes, sections 15.0601 and 15.0602. The governor shall
67.26 appoint at least four, but no more than six, heads of state
67.27 agencies to serve on the task force. The speaker of the house
67.28 of representatives shall appoint one member of the majority
67.29 caucus and the minority leader shall appoint a member of the
67.30 minority caucus. The subcommittee on committees of the
67.31 committee on rules and administration of the senate shall
67.32 appoint two members of the senate, one of whom must be a member
67.33 of the minority.
67.34 (b) In planning the implementation of Minnesota Statutes,
67.35 sections 15.0601 and 15.0602, the task force shall address at
67.36 least the following issues:
68.1 (1) whether noncabinet level agencies, including boards
68.2 that have traditionally been independent, should be assigned to
68.3 secretaries and, if so, to which secretaries should they be
68.4 assigned;
68.5 (2) whether any reorganization of state agencies or
68.6 reassignment of agency functions would be necessary or
68.7 desirable; and
68.8 (3) whether any changes in the appointment, confirmation,
68.9 and titles of agency heads would be necessary or desirable.
68.10 (c) The task force shall report to the governor and the
68.11 legislature by January 15, 2004. Its report must include a
68.12 report on the progress of any reorganization that has been
68.13 identified as necessary or desirable and shall recommend any
68.14 legislation that might be necessary for further reorganization
68.15 and for implementation of Minnesota Statutes, sections 15.0601
68.16 and 15.0602. Also, by January 15, 2004, the governor's office
68.17 must submit to the legislature drafts of any reorganization
68.18 orders that might be planned to implement any reorganization
68.19 that has been identified as necessary or desirable.
68.20 (d) As a result of efficiencies achieved through the
68.21 realignment of agency authority and accountability in Minnesota
68.22 Statutes, sections 15.0601 and 15.0602, the governor shall
68.23 reduce managerial, supervisory, and other positions in executive
68.24 branch agencies. In accomplishing these reductions, the
68.25 governor shall eliminate certain commissioner and deputy
68.26 commissioner positions and shall consolidate support services,
68.27 such as management information systems, public information,
68.28 government relations, research, human resources, procurement,
68.29 and training and development. The legislature anticipates
68.30 general fund savings of $12,000,000 in fiscal year 2005 as a
68.31 result of these reductions. These general fund savings cancel
68.32 to the general fund.
68.33 (e) The governor must not appoint secretaries until January
68.34 6, 2004. Notwithstanding Minnesota Statutes, section 15.06, the
68.35 first secretaries appointed on or after January 6, 2004, may
68.36 serve in office until the senate refuses to consent to their
69.1 appointment.
69.2 [EFFECTIVE DATE.] This section is effective the day
69.3 following final enactment.
69.4 Sec. 73. [REAL ESTATE FILING SURCHARGE.]
69.5 All funds collected during the fiscal year ending June 30,
69.6 2004, and funds collected in the fiscal year ending June 30,
69.7 2003, that carry forward into the fiscal year ending June 30,
69.8 2004, pursuant to the additional 50-cent surcharges imposed by
69.9 Laws 2001, First Special Session chapter 10, article 2, section
69.10 77, and Laws 2002, chapter 365, are appropriated to the
69.11 legislative coordinating commission for the real estate task
69.12 force established by Laws 2000, chapter 391, for the purposes
69.13 set forth in Laws 2001, First Special Session chapter 10,
69.14 article 2, sections 98 to 101. $25,000 from those funds are to
69.15 be retained by the legislative coordinating commission for the
69.16 services described in Laws 2001, First Special Session chapter
69.17 10, article 2, section 99.
69.18 Sec. 74. [STUDY OF EMERGENCY MEDICAL SERVICES
69.19 PREPAREDNESS.]
69.20 The department of public safety shall conduct a study of
69.21 Minnesota's emergency medical service preparedness and its
69.22 relationship to the department's overall homeland security
69.23 planning. The study must analyze the coordination of responses
69.24 to emergencies, financial stability of the industries involved
69.25 in providing prehospital emergency care, effect of primary
69.26 service area determinations, availability in response to
69.27 terroristic activity, and authority of governmental subdivisions
69.28 in determining the level of care. The department shall report
69.29 its findings to the chairs of the senate health and family
69.30 security committee and crime prevention and public safety
69.31 committee and the chairs of the house of representatives health
69.32 and human services policy committee and judiciary policy and
69.33 finance committee by February 1, 2004.
69.34 Sec. 75. [TRANSFER OF RESPONSIBILITIES.]
69.35 The responsibilities of the commissioner of administration
69.36 to provide 911 emergency telecommunications services under
70.1 Minnesota Statutes, chapter 403, other than the responsibility
70.2 to collect 911 fees, are transferred to the commissioner of
70.3 public safety under Minnesota Statutes, section 15.039. The
70.4 transfer may be completed in one or more phases as provided in
70.5 an agreement between the commissioners of administration and
70.6 public safety, but no later than the first Monday in January
70.7 2004.
70.8 Sec. 76. [WAIVER.]
70.9 Notwithstanding Minnesota Statutes, section 16C.09, the
70.10 commissioner of administration may enter into or approve a
70.11 service contract for printing services without determining that
70.12 no current state employee is able and available to perform the
70.13 services called for by the contract.
70.14 Sec. 77. [REVISOR INSTRUCTIONS.]
70.15 The revisor of statutes shall renumber each section of
70.16 Minnesota Statutes listed in column A with the number listed in
70.17 column B. The revisor shall also make necessary cross-reference
70.18 changes consistent with the renumbering.
70.19 Column A Column B
70.20 473.891 403.21
70.21 473.893 403.22
70.22 473.894 403.23
70.23 473.895 403.24
70.24 473.896 403.25
70.25 473.897 403.26
70.26 473.898 403.27
70.27 473.899 403.28
70.28 473.900 403.29
70.29 473.901 403.30
70.30 473.902 403.31
70.31 473.903 403.32
70.32 473.904 403.33
70.33 473.905 403.34
70.34 473.906 403.35
70.35 473.907 403.36
70.36 Sec. 78. [REPEALER.]
71.1 Minnesota Statutes 2002, sections 16B.50 and 16C.07, are
71.2 repealed.
71.3 ARTICLE 3
71.4 CRIMINAL JUSTICE APPROPRIATIONS
71.5 Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.]
71.6 The sums shown in the columns marked "APPROPRIATIONS" are
71.7 appropriated from the general fund, or another named fund, to
71.8 the agencies and for the purposes specified in this act, to be
71.9 available for the fiscal years indicated for each purpose. The
71.10 figures "2003," "2004," and "2005," where used in this act, mean
71.11 that the appropriation or appropriations listed under them are
71.12 available for the year ending June 30, 2003, June 30, 2004, or
71.13 June 30, 2005, respectively. The term "first year" means the
71.14 fiscal year ending June 30, 2004, and the term "second year"
71.15 means the fiscal year ending June 30, 2005.
71.16 SUMMARY BY FUND
71.17 2004 2005 TOTAL
71.18 General $ 316,501,000 $ 332,719,000 $ 649,220,000
71.19 For 2003 - $35,000
71.20 State Government
71.21 Special Revenue 30,318,000 34,199,000 64,517,000
71.22 Environmental
71.23 Fund 49,000 49,000 98,000
71.24 Special Revenue
71.25 Fund 4,578,000 4,578,000 9,156,000
71.26 Trunk
71.27 Highway 361,000 361,000 722,000
71.28 TOTAL $ 351,807,000 $ 371,906,000 $ 723,713,000
71.29 APPROPRIATIONS
71.30 Available for the Year
71.31 Ending June 30
71.32 2004 2005
71.33 Sec. 2. SUPREME COURT
71.34 Subdivision 1. Total
71.35 Appropriation $39,173,000 $36,520,000
71.36 Subd. 2. Supreme Court Operations
71.37 5,131,000 5,150,000
71.38 $5,000 each year is for a contingent
71.39 account for expenses necessary for the
71.40 normal operation of the court for which
71.41 no other reimbursement is provided.
72.1 Subd. 3. Civil Legal Services
72.2 7,559,000 7,559,000
72.3 Subd. 4. State Court Administration
72.4 24,394,000 21,722,000
72.5 Priority shall be given to maintaining
72.6 fiscal years 2002 and 2003 biennium
72.7 funding levels for court interpreter
72.8 programming, children's justice
72.9 initiative, guardian ad litem
72.10 programming statewide, and the
72.11 Minnesota court information system
72.12 (MNCIS).
72.13 Subd. 5. Law Library Operations
72.14 2,089,000 2,089,000
72.15 Sec. 3. COURT OF APPEALS 7,957,000 7,994,000
72.16 Sec. 4. DISTRICT COURTS 179,924,000 201,101,000
72.17 Priority shall be given to maintaining
72.18 and strengthening fiscal years 2002 and
72.19 2003 biennium funding levels for court
72.20 interpreter programming, guardian ad
72.21 litem programming, and services to
72.22 victims of domestic and sexual abuse
72.23 and to minimizing the closing of
72.24 satellite courts.
72.25 The balance of any retired judge usage
72.26 funding allocated to the fourth
72.27 judicial district in the fiscal year
72.28 2003 appropriation to the district
72.29 courts and the community court
72.30 appropriation for the fourth judicial
72.31 district do not cancel and are
72.32 available to the fourth judicial
72.33 district until spent.
72.34 Sec. 5. BOARD ON JUDICIAL
72.35 STANDARDS 252,000 252,000
72.36 For 2003 - $35,000
72.37 This appropriation for fiscal year 2003
72.38 is added to the appropriation in Laws
72.39 2001, First Special Session chapter 8,
72.40 article 4, section 5, to the board on
72.41 judicial standards and is to fund costs
72.42 of a public hearing for a judge. This
72.43 is a onetime appropriation.
72.44 Sec. 6. TAX COURT 751,000 751,000
72.45 Sec. 7. UNIFORM LAWS
72.46 COMMISSION 38,000 39,000
72.47 Sec. 8. HUMAN RIGHTS 3,753,000 3,724,000
72.48 Sec. 9. PUBLIC SAFETY
72.49 Subdivision 1. Total
72.50 Appropriation 115,470,000 117,036,000
72.51 Summary by Fund
73.1 General 84,107,000 81,792,000
73.2 Special Revenue 635,000 635,000
73.3 State Government
73.4 Special Revenue 30,318,000 34,199,000
73.5 Environmental 49,000 49,000
73.6 Trunk Highway 361,000 361,000
73.7 The amounts that may be spent from this
73.8 appropriation for each program are
73.9 specified in the following subdivisions.
73.10 The commissioners of public safety and
73.11 transportation must jointly report
73.12 annually to the chairs and ranking
73.13 minority members of the house of
73.14 representatives and senate committees
73.15 having jurisdiction over transportation
73.16 and public safety finance issues on the
73.17 expenditure of any federal funds
73.18 available under the repeat offender
73.19 transfer program, Public Law 105-206,
73.20 section 164.
73.21 [EQUIPMENT; EMERGENCY RESPONSE TEAMS;
73.22 DULUTH, MOORHEAD, ST. PAUL, ROCHESTER.]
73.23 The commissioner of public safety may
73.24 not relocate or reassign to another
73.25 location or emergency response team the
73.26 equipment currently housed or stored in
73.27 or around Duluth, Moorhead, St. Paul,
73.28 or Rochester and intended for use by
73.29 the emergency response teams
73.30 responsible for responding to incidents
73.31 in and around Duluth, Moorhead, St.
73.32 Paul, or Rochester.
73.33 Subd. 2. Emergency
73.34 Management 7,768,000 4,076,000
73.35 Summary by Fund
73.36 General 7,719,000 4,027,000
73.37 Environmental 49,000 49,000
73.38 $1,522,000 is for the purchase of
73.39 terrorism response-related equipment.
73.40 This amount is for grants to local and
73.41 state response units for the purchase
73.42 of personal protection equipment,
73.43 chemical detection and measurement
73.44 equipment, and decontamination
73.45 equipment for first response units. Up
73.46 to 1.5 percent of this appropriation
73.47 may be used for the administration of
73.48 the grants. The commissioner shall
73.49 distribute the grants in accordance
73.50 with criteria recommended by the
73.51 homeland security advisory council or
73.52 its successor. Grant applicants must
73.53 provide a 25 percent match from
73.54 nonstate funds or in-kind contributions
73.55 to obtain grant funding. This is a
73.56 onetime appropriation.
73.57 $2,170,000 is for terrorism
73.58 response-related training. The amount
74.1 is for grants to local response units
74.2 for approved certification and
74.3 terrorism training. The division shall
74.4 distribute the grants in accordance
74.5 with criteria recommended by the
74.6 homeland security advisory council or
74.7 its successor. No portion of this
74.8 money may be used to supplant current
74.9 funding for training. This is a
74.10 onetime appropriation.
74.11 Subd. 3. Criminal
74.12 Apprehension 38,842,000 40,224,000
74.13 Summary by Fund
74.14 General 37,839,000 39,221,000
74.15 Special Revenue 635,000 635,000
74.16 State Government
74.17 Special Revenue 7,000 7,000
74.18 Trunk Highway 361,000 361,000
74.19 $1,066,000 the first year and $546,000
74.20 the second year are to enable the
74.21 bureau of criminal apprehension to
74.22 establish and maintain an Internet Web
74.23 site containing public criminal history
74.24 data. This is a onetime appropriation
74.25 and does not become part of the base.
74.26 If the appropriation for the first year
74.27 if not sufficient, the appropriation
74.28 for the second year is available for
74.29 use in the first year. $28,000 is
74.30 added to the base for fiscal year 2006
74.31 and $28,000 is added to the base for
74.32 fiscal year 2007 for ongoing support
74.33 and maintenance of the Web site.
74.34 $135,000 the first year and $135,000
74.35 the second year are from the bureau of
74.36 criminal apprehension account in the
74.37 special revenue fund is for grants to
74.38 local officials for the cooperative
74.39 investigation of cross-jurisdictional
74.40 criminal activity. Any unencumbered
74.41 balance remaining in the first year
74.42 does not cancel but is available for
74.43 the second year.
74.44 $500,000 the first year and $500,000
74.45 the second year from the bureau of
74.46 criminal apprehension account in the
74.47 special revenue fund are appropriated
74.48 for laboratory activities.
74.49 Notwithstanding Minnesota Statutes,
74.50 section 161.20, subdivision 3, $361,000
74.51 the first year and $361,000 the second
74.52 year are appropriated from the trunk
74.53 highway fund for laboratory analysis
74.54 related to driving while impaired cases.
74.55 The commissioner of public safety shall
74.56 develop a plan for using the base funds
74.57 appropriated for CriMNet policy group,
74.58 CriMNet backbone, and CriMNet suspense
74.59 file reductions to further completion
74.60 of the CriMNet program. The
75.1 commissioner shall consult the criminal
75.2 and juvenile justice information policy
75.3 group and other interested parties on
75.4 the development of this plan.
75.5 The commissioner of public safety must
75.6 not reduce appropriations for the DWI
75.7 lab, forensic lab, CriMNet suspense
75.8 file project, or CriMNet backbone to
75.9 offset increased lease payments for the
75.10 new bureau of criminal apprehension
75.11 building.
75.12 Not more than $5,000 each year may be
75.13 spent on communications activity for
75.14 CriMNet. This includes staff with
75.15 responsibilities that include strategic
75.16 communications planning, media
75.17 relations, internal and external
75.18 communications, and local, state, and
75.19 federal government relations.
75.20 Subd. 4. Fire Marshal
75.21 3,002,000 3,002,000
75.22 $572,000 the first year and $572,000
75.23 the second year are for the operation
75.24 and administration of public and
75.25 charter school inspections by the state
75.26 fire marshal. If inspections of public
75.27 school buildings and charter schools
75.28 were conducted by local units of
75.29 government between January 1, 1987, and
75.30 January 1, 1990, the inspections may
75.31 continue to be provided by the local
75.32 unit of government.
75.33 Subd. 5. Alcohol and
75.34 Gambling Enforcement
75.35 1,780,000 1,780,000
75.36 Subd. 6. Crime Victim
75.37 Services Center
75.38 29,569,000 29,569,000
75.39 $200,000 the first year and $200,000
75.40 the second year are for the parenting
75.41 time centers.
75.42 $945,000 the first year and $945,000
75.43 the second year are for the abused
75.44 children program.
75.45 The commissioner shall maintain the
75.46 current advisory councils for battered
75.47 women, sexual assault, and general
75.48 crime victims within the newly created
75.49 office of justice programs.
75.50 Subd. 7. Law Enforcement
75.51 and Community Grants
75.52 4,198,000 4,193,000
75.53 The base for this program shall be
75.54 $4,193,000 for fiscal year 2006 and
75.55 $4,193,000 for fiscal year 2007.
76.1 Up to 2.5 percent of the grant funds
76.2 appropriated in this subdivision may be
76.3 used to administer the grant programs.
76.4 The office of drug policy and violence
76.5 prevention must give priority to
76.6 programs dealing with school truancy
76.7 and after-school activity.
76.8 Subd. 8. 9ll Emergency
76.9 Telecommunications System 30,311,000 34,192,000
76.10 This appropriation is from the state
76.11 government special revenue fund for 911
76.12 emergency telecommunications services.
76.13 (a) Public Safety Answering Points
76.14 13,946,000 14,818,000
76.15 To be distributed as provided in
76.16 Minnesota Statutes, section 403.113,
76.17 subdivision 2.
76.18 This appropriation may only be used for
76.19 public safety answering points that
76.20 have implemented enhanced 911 service
76.21 or whose governmental agency has made a
76.22 binding commitment to the commissioner
76.23 of public safety to implement enhanced
76.24 911 service by January 1, 2008.
76.25 (b) Medical Resource Communication
76.26 Centers
76.27 697,000 741,000
76.28 For grants to the Minnesota emergency
76.29 medical services regulatory board for
76.30 the metro east and metro west medical
76.31 resource communication centers.
76.32 Sec. 10. BOARD OF PEACE OFFICER
76.33 STANDARDS AND TRAINING 3,943,000 3,943,000
76.34 This appropriation is from the peace
76.35 officers training account in the
76.36 special revenue fund. Any receipts
76.37 credited to that account in the first
76.38 year in excess of $3,943,000 must be
76.39 transferred and credited to the general
76.40 fund. Any receipts credited to that
76.41 account in the second year in excess of
76.42 $3,943,000 must be transferred and
76.43 credited to the general fund.
76.44 Sec. 11. BOARD OF PRIVATE DETECTIVE
76.45 AND PROTECTIVE AGENT SERVICES 126,000 126,000
76.46 Sec. 12. OFFICE OF CRIME VICTIM
76.47 OMBUDSMAN 420,000 420,000
76.48 Sec. 13. Laws 2001, First Special Session chapter 8,
76.49 article 4, section 2, subdivision 4, is amended to read:
76.50 Subd. 4. State Court Administration
76.51 22,815,000 24,570,000
76.52 [JUDICIAL BRANCH TRANSFORMATION AND
77.1 INFRASTRUCTURE.] $1,054,000 the first
77.2 year and $1,905,000 the second year are
77.3 for judicial branch transformation and
77.4 infrastructure.
77.5 [CONTINUE REDEVELOPMENT OF COURT
77.6 INFORMATION SYSTEM.] $7,500,000 each
77.7 year is to continue redevelopment of
77.8 the court information system to be used
77.9 by all counties to integrate court
77.10 information with other criminal justice
77.11 information. Of this amount, $225,000
77.12 the first year must be transferred to
77.13 the board of public defense for
77.14 hardware and software necessary to
77.15 redesign information systems to
77.16 accommodate changes to the criminal
77.17 justice information system. This is a
77.18 onetime transfer. This transfer amount
77.19 does not cancel and is available to the
77.20 board of public defense until spent.
77.21 This appropriation may not be used for
77.22 any other purpose. Any unencumbered
77.23 balances remaining from the first year
77.24 do not cancel but are available for the
77.25 second year.
77.26 This appropriation is available only
77.27 pursuant to a budget approved by the
77.28 criminal and juvenile justice
77.29 information policy group that is
77.30 consistent with technology and project
77.31 management analyses of the office of
77.32 technology.
77.33 Up to 20 percent of this appropriation
77.34 may be released on July 1, 2001. The
77.35 remaining funds shall be released upon
77.36 approval of the criminal and juvenile
77.37 justice information policy group, under
77.38 advisement from the office of
77.39 technology. The policy group shall
77.40 approve the release of funding for each
77.41 project to ensure (1) that the project
77.42 is in compliance with the statewide
77.43 criminal justice information system
77.44 standards, (2) that each project
77.45 remains feasible according to plans
77.46 established pursuant to Minnesota
77.47 Statutes, sections 16E.04, subdivision
77.48 3, and 299C.65, subdivision 6 or 7, or
77.49 that an updated plan has been approved
77.50 by the policy group and the project is
77.51 progressing according to the revised
77.52 plan, (3) that the project is fully
77.53 integrated with existing information
77.54 and communications networks, and (4)
77.55 that it complies with technology
77.56 standards and protocols established by
77.57 the office of technology for statewide
77.58 connectivity and interoperability.
77.59 [EFFECTIVE DATE.] This section is effective the day
77.60 following final enactment. In the event that the transfer of
77.61 $225,000 to the board of public defense has not been completed
77.62 by the effective date of this section, the transfer shall be
77.63 completed within ten days of the effective date of this section.
78.1 Sec. 14. [EFFECTIVE DATE.]
78.2 The appropriations for fiscal year 2003 are effective the
78.3 day following final enactment. All other appropriations are
78.4 effective July 1, 2003.
78.5 ARTICLE 4
78.6 PUBLIC SAFETY AND JUDICIARY POLICY PROVISIONS
78.7 Section 1. Minnesota Statutes 2002, section 13.87,
78.8 subdivision 3, is amended to read:
78.9 Subd. 3. [INTERNET ACCESS.] (a) The bureau of criminal
78.10 apprehension shall establish and maintain an Internet Web site
78.11 containing public criminal history data by January 1, 2004.
78.12 (b) Notwithstanding section 13.03, subdivision 3, paragraph
78.13 (a), the bureau of criminal apprehension may charge a fee for
78.14 Internet access to public criminal history data provided through
78.15 August 1, 2003 2005. The fee may not exceed $5 per inquiry or
78.16 the amount needed to recoup the actual cost of implementing and
78.17 providing Internet access, whichever is less. Fees collected
78.18 must be deposited in the general fund as a nondedicated receipt.
78.19 (b) (c) The Web site must include a notice to the subject
78.20 of data of the right to contest the accuracy or completeness of
78.21 data, as provided under section 13.04, subdivision 4, and
78.22 provide a telephone number and address that the subject may
78.23 contact for further information on this process.
78.24 (c) (d) The Web site must include the effective date of
78.25 data that is posted.
78.26 (d) (e) The Web site must include a description of the
78.27 types of criminal history data not available on the site,
78.28 including arrest data, juvenile data, criminal history data from
78.29 other states, federal data, data on convictions where 15 years
78.30 have elapsed since discharge of the sentence, and other data
78.31 that are not accessible to the public.
78.32 (e) (f) A person who intends to access the Web site to
78.33 obtain information regarding an applicant for employment,
78.34 housing, or credit should must disclose to the applicant the
78.35 intention to do so. The Web site must include a notice that a
78.36 person obtaining such access should must notify the applicant
79.1 that when a background check using this Web site may be has been
79.2 conducted. This paragraph does not create a civil cause of
79.3 action on behalf of the data subject.
79.4 (g) This subdivision does not create a civil cause of
79.5 action on behalf of the data subject.
79.6 (h) This subdivision expires July 31, 2007.
79.7 Sec. 2. Minnesota Statutes 2002, section 271.06,
79.8 subdivision 4, is amended to read:
79.9 Subd. 4. [APPEAL FEE.] At the time of filing the notice of
79.10 appeal the appellant shall pay to the court administrator of the
79.11 tax court an appeal fee equal to the fee provided for civil
79.12 actions in the district court under section 357.021, subdivision
79.13 2, clause (1); except that no appeal fee shall be required of
79.14 the commissioner of revenue, the attorney general, the state or
79.15 any of its political subdivisions. In small claims division,
79.16 the appeal fee shall be $25 $150. The provisions of chapter
79.17 563, providing for proceedings in forma pauperis, shall also
79.18 apply for appeals to the tax court.
79.19 Sec. 3. Minnesota Statutes 2002, section 299C.10,
79.20 subdivision 4, is amended to read:
79.21 Subd. 4. [FEE FOR BACKGROUND CHECK; ACCOUNT;
79.22 APPROPRIATION.] The superintendent shall collect a fee in an
79.23 amount to cover the expense for each background check provided
79.24 for a purpose not directly related to the criminal justice
79.25 system or required by section 624.7131, 624.7132, or 624.714.
79.26 The proceeds of the fee must be deposited in a special account.
79.27 Money in the account is annually appropriated to the
79.28 commissioner to maintain and improve the quality of the criminal
79.29 record system in Minnesota. The superintendent shall collect an
79.30 additional handling fee of $7 for FBI background fingerprint
79.31 checks.
79.32 Sec. 4. Minnesota Statutes 2002, section 299C.10, is
79.33 amended by adding a subdivision to read:
79.34 Subd. 5. [FEE FOR TAKING FINGERPRINTS; ACCOUNT
79.35 APPROPRIATION.] The superintendent may charge a fee of $10 to
79.36 take fingerprints for the public when required by an employer or
80.1 government entity for either employment or licensing. No fee
80.2 will be charged when there is a question whether the person is
80.3 the subject of a criminal history record. The proceeds of the
80.4 fee must be deposited in an account in the special revenue
80.5 fund. Money in the account is annually appropriated to the
80.6 commissioner to maintain and improve the quality of the criminal
80.7 record system in Minnesota.
80.8 Sec. 5. Minnesota Statutes 2002, section 299C.48, is
80.9 amended to read:
80.10 299C.48 [CONNECTION BY AUTHORIZED AGENCY; STANDING
80.11 APPROPRIATION.]
80.12 (a) An agency authorized under section 299C.46, subdivision
80.13 3, may connect with and participate in the criminal justice data
80.14 communications network upon approval of the commissioner of
80.15 public safety; provided, that the agency shall first agree to
80.16 pay installation charges as may be necessary for connection and
80.17 monthly operational charges as may be established by the
80.18 commissioner of public safety. Before participation by a
80.19 criminal justice agency may be approved, the agency must have
80.20 executed an agreement with the commissioner providing for
80.21 security of network facilities and restrictions on access to
80.22 data supplied to and received through the network.
80.23 (b) In addition to any fee otherwise authorized, the
80.24 commissioner of public safety shall impose a fee for providing
80.25 secure dial-up or Internet access for criminal justice agencies
80.26 and noncriminal justice agencies. The following monthly fees
80.27 apply:
80.28 (1) criminal justice agency accessing via Internet, $15;
80.29 (2) criminal justice agency accessing via dial-up, $35;
80.30 (3) noncriminal justice agency accessing via Internet, $35;
80.31 and
80.32 (4) noncriminal justice agency accessing via dial-up, $35.
80.33 (c) The installation and monthly operational charges
80.34 collected by the commissioner of public safety under paragraph
80.35 paragraphs (a) and (b) are annually appropriated to the
80.36 commissioner to administer sections 299C.46 to 299C.50.
81.1 Sec. 6. Minnesota Statutes 2002, section 299F.46,
81.2 subdivision 1, is amended to read:
81.3 Subdivision 1. [HOTEL INSPECTION.] (a) It shall be the
81.4 duty of the commissioner of public safety to inspect, or cause
81.5 to be inspected, at least once every three years, every hotel in
81.6 this state; and, for that purpose, the commissioner, or the
81.7 commissioner's deputies, or designated alternates or agents
81.8 shall have the right to enter or have access thereto at any
81.9 reasonable hour; and, when, upon such inspection, it shall be
81.10 found that the hotel so inspected does not conform to or is not
81.11 being operated in accordance with the provisions of sections
81.12 157.011 and 157.15 to 157.22, in so far as the same relate to
81.13 fire prevention or fire protection of hotels, or the rules
81.14 promulgated thereunder, or is being maintained or operated in
81.15 such manner as to violate the Uniform Fire Code Minnesota State
81.16 Fire Code promulgated pursuant to section 299F.011 or any other
81.17 law of this state relating to fire prevention and fire
81.18 protection of hotels, the commissioner and the deputies or
81.19 designated alternates or agents shall report such a situation to
81.20 the hotel inspector who shall proceed as provided for in chapter
81.21 157.
81.22 (b) The word "hotel", as used in this subdivision, has the
81.23 meaning given in section 299F.391.
81.24 Sec. 7. Minnesota Statutes 2002, section 299F.46, is
81.25 amended by adding a subdivision to read:
81.26 Subd. 3. [INSPECTION FEES.] (a) For each hotel required to
81.27 have a fire inspection according to subdivision 1, the
81.28 commissioner of public safety may charge each hotel a triennial
81.29 inspection fee of $435 and a per room charge of $5 for one to 18
81.30 units; $6 for 19 to 35 units; $7 for 36 to 100 units; and $8 for
81.31 100 or more units. The fee includes one follow-up inspection.
81.32 The commissioner shall charge each resort a triennial inspection
81.33 fee of $435 and a per room charge of $5 for one to ten units; $6
81.34 for 11 to 25 units; and $7 for 26 or more units.
81.35 The commissioner shall charge a fee of $225 for each
81.36 additional follow-up inspection for hotels and resorts conducted
82.1 in each three-year cycle that is necessary to bring the hotel or
82.2 resort into compliance with the state fire code.
82.3 (b) Nothing in this subdivision prevents the designated
82.4 agent from continuing to charge an inspection fee or from
82.5 establishing a new inspection fee.
82.6 Sec. 8. Minnesota Statutes 2002, section 299F.46, is
82.7 amended by adding a subdivision to read:
82.8 Subd. 4. [SPECIAL ACCOUNT.] Money received by the state
82.9 fire marshal division for this program must be deposited in the
82.10 state treasury and credited to a state fire marshal hotel
82.11 inspection dedicated account in the special revenue fund. All
82.12 money in the state fire marshal hotel inspection dedicated
82.13 account is annually appropriated to the commissioner of public
82.14 safety to operate and administer this program.
82.15 Sec. 9. Minnesota Statutes 2002, section 299M.03, is
82.16 amended by adding a subdivision to read:
82.17 Subd. 3. [CERTIFICATION FEE; ANNUAL APPROPRIATION.] The
82.18 state fire marshal shall charge $55 to conduct and administer
82.19 the journeyman sprinkler fitter certification process. Money
82.20 received by the state fire marshal division for the
82.21 administration of this program must be deposited in the state
82.22 treasury and credited to a state fire marshal dedicated account
82.23 in the special revenue fund. All money in the state fire
82.24 marshal account is annually appropriated to the commissioner of
82.25 public safety to administer this program.
82.26 Sec. 10. Minnesota Statutes 2002, section 340A.301, is
82.27 amended by adding a subdivision to read:
82.28 Subd. 6a. [PERMITS AND FEES.] Any person engaged in the
82.29 purchase, sale, or use for any purpose other than personal
82.30 consumption of intoxicating alcoholic beverages or ethyl alcohol
82.31 shall obtain the appropriate regulatory permit and
82.32 identification card from the commissioner as provided in this
82.33 subdivision. The fee for each permit, other than one issued to
82.34 a state or federal agency, is $35 and must be submitted together
82.35 with the appropriate application form provided by the
82.36 commissioner. Identification cards and permits must be issued
83.1 for a period coinciding with that of the appropriate state or
83.2 municipal license and are not transferable. In instances where
83.3 there is no annual license period, cards and permits expire one
83.4 year after the date of issuance. The authority to engage in the
83.5 purchase, sale, or use granted by the card or permit may be
83.6 revoked by the commissioner upon evidence of a violation by the
83.7 holder of such a card or permit of any of the provisions of
83.8 chapter 340A or any rule of the commissioner made pursuant to
83.9 law.
83.10 Sec. 11. Minnesota Statutes 2002, section 357.021,
83.11 subdivision 2, is amended to read:
83.12 Subd. 2. [FEE AMOUNTS.] The fees to be charged and
83.13 collected by the court administrator shall be as follows:
83.14 (1) In every civil action or proceeding in said court,
83.15 including any case arising under the tax laws of the state that
83.16 could be transferred or appealed to the tax court, the
83.17 plaintiff, petitioner, or other moving party shall pay, when the
83.18 first paper is filed for that party in said action, a fee of
83.19 $135 $265.
83.20 The defendant or other adverse or intervening party, or any
83.21 one or more of several defendants or other adverse or
83.22 intervening parties appearing separately from the others, shall
83.23 pay, when the first paper is filed for that party in said
83.24 action, a fee of $135 $265.
83.25 The party requesting a trial by jury shall pay $75.
83.26 The fees above stated shall be the full trial fee
83.27 chargeable to said parties irrespective of whether trial be to
83.28 the court alone, to the court and jury, or disposed of without
83.29 trial, and shall include the entry of judgment in the action,
83.30 but does not include copies or certified copies of any papers so
83.31 filed or proceedings under chapter 103E, except the provisions
83.32 therein as to appeals.
83.33 (2) Certified copy of any instrument from a civil or
83.34 criminal proceeding, $10, and $5 for an uncertified copy.
83.35 (3) Issuing a subpoena, $3 $12 for each name.
83.36 (4) Filing a motion or response to a motion in civil,
84.1 family, excluding child support, and guardianship cases, $55.
84.2 (5) Issuing an execution and filing the return thereof;
84.3 issuing a writ of attachment, injunction, habeas corpus,
84.4 mandamus, quo warranto, certiorari, or other writs not
84.5 specifically mentioned, $10 $40.
84.6 (5) (6) Issuing a transcript of judgment, or for filing and
84.7 docketing a transcript of judgment from another court, $7.50 $30.
84.8 (6) (7) Filing and entering a satisfaction of judgment,
84.9 partial satisfaction, or assignment of judgment, $5.
84.10 (7) (8) Certificate as to existence or nonexistence of
84.11 judgments docketed, $5 for each name certified to.
84.12 (8) (9) Filing and indexing trade name; or recording basic
84.13 science certificate; or recording certificate of physicians,
84.14 osteopaths, chiropractors, veterinarians, or optometrists, $5.
84.15 (9) (10) For the filing of each partial, final, or annual
84.16 account in all trusteeships, $10 $40.
84.17 (10) (11) For the deposit of a will, $5 $20.
84.18 (11) (12) For recording notary commission, $25 $100, of
84.19 which, notwithstanding subdivision 1a, paragraph (b), $20 $80
84.20 must be forwarded to the state treasurer to be deposited in the
84.21 state treasury and credited to the general fund.
84.22 (12) (13) Filing a motion or response to a motion for
84.23 modification of child support, a fee fixed by rule or order of
84.24 the supreme court.
84.25 (13) (14) All other services required by law for which no
84.26 fee is provided, such fee as compares favorably with those
84.27 herein provided, or such as may be fixed by rule or order of the
84.28 court.
84.29 (14) (15) In addition to any other filing fees under this
84.30 chapter, a surcharge in the amount of $75 must be assessed in
84.31 accordance with section 259.52, subdivision 14, for each
84.32 adoption petition filed in district court to fund the fathers'
84.33 adoption registry under section 259.52.
84.34 The fees in clauses (3) and (4) need not be paid by a
84.35 public authority or the party the public authority represents.
84.36 Sec. 12. Minnesota Statutes 2002, section 357.021,
85.1 subdivision 7, is amended to read:
85.2 Subd. 7. [DISBURSEMENT OF SURCHARGES BY STATE TREASURER.]
85.3 (a) Except as provided in paragraphs (b) and (c), the state
85.4 treasurer shall disburse surcharges received under subdivision 6
85.5 and section 97A.065, subdivision 2, as follows:
85.6 (1) one percent shall be credited to the game and fish fund
85.7 to provide peace officer training for employees of the
85.8 department of natural resources who are licensed under sections
85.9 626.84 to 626.863, and who possess peace officer authority for
85.10 the purpose of enforcing game and fish laws;
85.11 (2) 39 percent shall be credited to the peace officers
85.12 training account in the special revenue fund; and
85.13 (3) 60 percent shall be credited to the general fund.
85.14 (b) The state treasurer shall credit $3 of each surcharge
85.15 received under subdivision 6 and section 97A.065, subdivision 2,
85.16 to a criminal justice special projects account in the special
85.17 revenue fund. This account is available for appropriation to
85.18 the commissioner of public safety for grants to law enforcement
85.19 agencies and for other purposes authorized by the
85.20 legislature the general fund.
85.21 (c) In addition to any amounts credited under paragraph
85.22 (a), the state treasurer shall credit $7 of each surcharge
85.23 received under subdivision 6 and section 97A.065, subdivision 2,
85.24 to the general fund.
85.25 Sec. 13. Minnesota Statutes 2002, section 357.022, is
85.26 amended to read:
85.27 357.022 [CONCILIATION COURT FEE.]
85.28 The court administrator in every county shall charge and
85.29 collect a filing fee of $25 where the amount demanded is less
85.30 than $2,000 and $35 where the amount demanded is $2,000 or more
85.31 $50 from every plaintiff and from every defendant when the first
85.32 paper for that party is filed in any conciliation court action.
85.33 This section does not apply to conciliation court actions filed
85.34 by the state. The court administrator shall transmit the fees
85.35 monthly to the state treasurer for deposit in the state treasury
85.36 and credit to the general fund.
86.1 Sec. 14. Minnesota Statutes 2002, section 357.08, is
86.2 amended to read:
86.3 357.08 [PAID BY APPELLANT IN APPEAL.]
86.4 There shall be paid to the clerk of the appellate courts by
86.5 the appellant, or moving party or person requiring the service,
86.6 in all cases of appeal, certiorari, habeas corpus, mandamus,
86.7 injunction, prohibition, or other original proceeding, when
86.8 initially filed with the clerk of the appellate courts, the sum
86.9 of $250 $500 to the clerk of the appellate courts. An
86.10 additional filing fee of $100 shall be required for a petition
86.11 for accelerated review by the supreme court. A filing fee
86.12 of $250 $500 shall be paid to the clerk of the appellate courts
86.13 upon the filing of a petition for review from a decision of the
86.14 court of appeals. A filing fee of $250 $500 shall be paid to
86.15 the clerk of the appellate courts upon the filing of a petition
86.16 for permission to appeal. A filing fee of $100 shall be paid to
86.17 the clerk of the appellate courts upon the filing by a
86.18 respondent of a notice of review. The clerk shall transmit the
86.19 fees to the state treasurer for deposit in the state treasury
86.20 and credit to the general fund.
86.21 The clerk shall not file any paper, issue any writ or
86.22 certificate, or perform any service enumerated herein, until the
86.23 payment has been made for it. The clerk shall pay the sum into
86.24 the state treasury as provided for by section 15A.01.
86.25 The charges provided for shall not apply to disbarment
86.26 proceedings, nor to an action or proceeding by the state taken
86.27 solely in the public interest, where the state is the appellant
86.28 or moving party, nor to copies of the opinions of the court
86.29 furnished by the clerk to the parties before judgment, or
86.30 furnished to the district judge whose decision is under review,
86.31 or to such law library associations in counties having a
86.32 population exceeding 50,000, as the court may direct.
86.33 Sec. 15. Minnesota Statutes 2002, section 611A.72, is
86.34 amended to read:
86.35 611A.72 [CITATION.]
86.36 Sections 611A.72 to 611A.74 may be cited as the "Crime
87.1 Victim Oversight Ombudsman Act."
87.2 [EFFECTIVE DATE.] This section is effective July 1, 2003.
87.3 Sec. 16. Minnesota Statutes 2002, section 611A.73,
87.4 subdivision 2, is amended to read:
87.5 Subd. 2. [APPROPRIATE AUTHORITY.] "Appropriate authority"
87.6 includes anyone who is the subject of a complaint under sections
87.7 611A.72 to 611A.74 to the commissioner ombudsman or anyone
87.8 within the agency who is in a supervisory position with regard
87.9 to one who is the subject of a complaint under sections 611A.72
87.10 to 611A.74.
87.11 [EFFECTIVE DATE.] This section is effective July 1, 2003.
87.12 Sec. 17. Minnesota Statutes 2002, section 611A.73,
87.13 subdivision 6, is amended to read:
87.14 Subd. 6. [COMMISSIONER OMBUDSMAN.] "Commissioner"
87.15 "Ombudsman" means the commissioner of public safety crime victim
87.16 ombudsman.
87.17 [EFFECTIVE DATE.] This section is effective July 1, 2003.
87.18 Sec. 18. Minnesota Statutes 2002, section 611A.74, is
87.19 amended to read:
87.20 611A.74 [CRIME VICTIM OMBUDSMAN; CREATION.]
87.21 Subdivision 1. [AUTHORITY UNDER THIS ACT CREATION.] The
87.22 office of crime victim ombudsman for Minnesota is created. The
87.23 ombudsman shall be appointed by the governor, shall serve in the
87.24 unclassified service at the pleasure of the governor, and shall
87.25 be selected without regard to political affiliation. No person
87.26 may serve as ombudsman while holding any other public office.
87.27 The ombudsman is directly accountable to the governor. The
87.28 commissioner ombudsman shall have the authority under sections
87.29 611A.72 to 611A.74 to investigate decisions, acts, and other
87.30 matters of the criminal justice system so as to promote the
87.31 highest attainable standards of competence, efficiency, and
87.32 justice for crime victims in the criminal justice system.
87.33 Subd. 1a. [ORGANIZATION OF OFFICE.] The ombudsman may
87.34 appoint employees necessary to discharge responsibilities of the
87.35 office. The ombudsman may delegate to staff members any of the
87.36 ombudsman's authority or duties except the duties of formally
88.1 making recommendations to appropriate authorities and reports to
88.2 the office of the governor or to the legislature.
88.3 Subd. 2. [DUTIES.] The commissioner ombudsman may
88.4 investigate complaints concerning possible violation of the
88.5 rights of crime victims or witnesses provided under this
88.6 chapter, the delivery of victim services by victim assistance
88.7 programs, the administration of the crime victims reparations
88.8 act, and other complaints of mistreatment by elements of the
88.9 criminal justice system or victim assistance programs.
88.10 The commissioner ombudsman shall act as a liaison, when
88.11 the commissioner ombudsman deems necessary, between agencies,
88.12 either in the criminal justice system or in victim assistance
88.13 programs, and victims and witnesses. The commissioner ombudsman
88.14 may be concerned with activities that strengthen procedures and
88.15 practices which lessen the risk that objectionable
88.16 administrative acts will occur. The commissioner ombudsman must
88.17 be made available through the use of a toll-free telephone
88.18 number and shall answer questions concerning the criminal
88.19 justice system and victim services put to the commissioner
88.20 ombudsman by victims and witnesses in accordance with
88.21 the commissioner's ombudsman's knowledge of the facts or law,
88.22 unless the information is otherwise restricted. The
88.23 commissioner ombudsman shall establish a procedure for referral
88.24 to the crime victim crisis centers, the crime victims
88.25 reparations board, and other victim assistance programs when
88.26 services are requested by crime victims or deemed necessary by
88.27 the commissioner ombudsman.
88.28 The commissioner's ombudsman's files are confidential data
88.29 as defined in section 13.02, subdivision 3, during the course of
88.30 an investigation or while the files are active. Upon completion
88.31 of the investigation or when the files are placed on inactive
88.32 status, they are private data on individuals as defined in
88.33 section 13.02, subdivision 12.
88.34 Subd. 3. [POWERS.] The commissioner ombudsman has those
88.35 powers necessary to carry out the duties set out in subdivision
88.36 2, including:
89.1 (a) The commissioner ombudsman may investigate, with or
89.2 without a complaint, any action of an element of the criminal
89.3 justice system or a victim assistance program included in
89.4 subdivision 2.
89.5 (b) The commissioner ombudsman may request and shall be
89.6 given access to information and assistance the commissioner
89.7 ombudsman considers necessary for the discharge of
89.8 responsibilities. The commissioner ombudsman may inspect,
89.9 examine, and be provided copies of records and documents of all
89.10 elements of the criminal justice system and victim assistance
89.11 programs. The commissioner ombudsman may request and shall be
89.12 given access to police reports pertaining to juveniles and
89.13 juvenile delinquency petitions, notwithstanding section 260B.171
89.14 or 260C.171. Any information received by the
89.15 commissioner ombudsman retains its data classification under
89.16 chapter 13 while in the commissioner's ombudsman's possession.
89.17 Juvenile records obtained under this subdivision may not be
89.18 released to any person.
89.19 (c) The commissioner ombudsman may prescribe the methods by
89.20 which complaints are to be made, received, and acted upon; may
89.21 determine the scope and manner of investigations to be made; and
89.22 subject to the requirements of sections 611A.72 to 611A.74, may
89.23 determine the form, frequency, and distribution of commissioner
89.24 ombudsman conclusions, recommendations, and proposals.
89.25 (d) After completing investigation of a complaint, the
89.26 commissioner ombudsman shall inform in writing the complainant,
89.27 the investigated person or entity, and other appropriate
89.28 authorities of the action taken. If the complaint involved the
89.29 conduct of an element of the criminal justice system in relation
89.30 to a criminal or civil proceeding, the commissioner's
89.31 ombudsman's findings shall be forwarded to the court in which
89.32 the proceeding occurred.
89.33 (e) Before announcing a conclusion or recommendation that
89.34 expressly or impliedly criticizes an administrative agency or
89.35 any person, the commissioner ombudsman shall consult with that
89.36 agency or person.
90.1 Subd. 4. [NO COMPELLED TESTIMONY.] Neither the
90.2 commissioner ombudsman nor any member of the commissioner's
90.3 ombudsman's staff may be compelled to testify or produce
90.4 evidence in any judicial or administrative proceeding with
90.5 respect to matters involving the exercise of official
90.6 duties under sections 611A.72 to 611A.74 except as may be
90.7 necessary to enforce the provisions of this section.
90.8 Subd. 5. [RECOMMENDATIONS.] (a) On finding a complaint
90.9 valid after duly considering the complaint and whatever material
90.10 the commissioner ombudsman deems pertinent, the commissioner
90.11 ombudsman may recommend action to the appropriate authority.
90.12 (b) If the commissioner ombudsman makes a recommendation to
90.13 an appropriate authority for action, the authority shall, within
90.14 a reasonable time period, but not more than 30 days, inform the
90.15 commissioner ombudsman about the action taken or the reasons for
90.16 not complying with the recommendation.
90.17 (c) The commissioner ombudsman may publish conclusions and
90.18 suggestions by transmitting them to the governor, the
90.19 legislature or any of its committees, the press, and others who
90.20 may be concerned. When publishing an opinion adverse to an
90.21 administrative agency, the commissioner ombudsman shall include
90.22 any statement the administrative agency may have made to the
90.23 commissioner ombudsman by way of explaining its past
90.24 difficulties or its present rejection of the commissioner's
90.25 ombudsman's proposals.
90.26 Subd. 6. [REPORTS.] In addition to whatever reports
90.27 the commissioner ombudsman may make from time to time, the
90.28 commissioner ombudsman shall biennially report to the
90.29 legislature and to the governor concerning the exercise of the
90.30 commissioner's ombudsman functions under sections 611A.72 to
90.31 611A.74 during the preceding biennium. The biennial report is
90.32 due on or before the beginning of the legislative session
90.33 following the end of the biennium.
90.34 [EFFECTIVE DATE.] This section is effective July 1, 2003.
90.35 Sec. 19. Minnesota Statutes 2002, section 624.22,
90.36 subdivision 1, is amended to read:
91.1 Subdivision 1. [GENERAL REQUIREMENTS; PERMIT;
91.2 INVESTIGATION; FEE.] (a) Sections 624.20 to 624.25 do not
91.3 prohibit the supervised display of fireworks by a statutory or
91.4 home rule charter city, fair association, amusement park, or
91.5 other organization, except that:
91.6 (1) a fireworks display may be conducted only when
91.7 supervised by an operator certified by the state fire marshal;
91.8 and
91.9 (2) a fireworks display must either be given by a
91.10 municipality or fair association within its own limits, or by
91.11 any other organization, whether public or private, only after a
91.12 permit for the display has first been secured.
91.13 (b) An application for a permit for an outdoor fireworks
91.14 display must be made in writing to the municipal clerk at least
91.15 15 days in advance of the date of the display and must list the
91.16 name of an operator who is certified by the state fire marshal
91.17 and will supervise the display. The application must be
91.18 promptly referred to the chief of the fire department, who shall
91.19 make an investigation to determine whether the operator of the
91.20 display is competent and is certified by the state fire marshal,
91.21 and whether the display is of such a character and is to be so
91.22 located, discharged, or fired that it will not be hazardous to
91.23 property or endanger any person. The fire chief shall report
91.24 the results of this investigation to the clerk. If the fire
91.25 chief reports that the operator is certified, that in the
91.26 chief's opinion the operator is competent, and that the
91.27 fireworks display as planned will conform to the safety
91.28 guidelines of the state fire marshal provided for in
91.29 paragraph (e) (f), the clerk shall issue a permit for the
91.30 display when the applicant pays a permit fee.
91.31 (c) When the supervised outdoor fireworks display for which
91.32 a permit is sought is to be held outside the limits of an
91.33 incorporated municipality, the application must be made to the
91.34 county auditor, and the auditor shall perform duties imposed by
91.35 sections 624.20 to 624.25 upon the clerk of the municipality.
91.36 When an application is made to the auditor, the county sheriff
92.1 shall perform the duties imposed on the fire chief of the
92.2 municipality by sections 624.20 to 624.25.
92.3 (d) An application for an indoor fireworks display permit
92.4 must be made in writing to the state fire marshal by the
92.5 operator of the facility in which the display is to occur at
92.6 least 15 days in advance of the date of any performance, show,
92.7 or event which will include the discharge of fireworks inside a
92.8 building or structure. The application must list the name of an
92.9 operator who is certified by the state fire marshal and will
92.10 supervise the display. The state fire marshal shall make an
92.11 investigation to determine whether the operator of the display
92.12 is competent and is properly certified and whether the display
92.13 is of such a character and is to be so located, discharged, or
92.14 fired that it will not be hazardous to property or endanger any
92.15 person. If the state fire marshal determines that the operator
92.16 is certified and competent, that the indoor fireworks display as
92.17 planned will conform to the safety guidelines provided for in
92.18 paragraph (f), and that adequate notice will be given to inform
92.19 patrons of the indoor fireworks display, the state fire marshal
92.20 shall issue a permit for the display when the applicant pays an
92.21 indoor fireworks fee of $150 and reimburses the fire marshal for
92.22 costs of inspection. Receipts from the indoor fireworks fee and
92.23 inspection reimbursements must be deposited in the general fund
92.24 as a nondedicated receipt. The state fire marshal may issue a
92.25 single permit for multiple indoor fireworks displays when all of
92.26 the displays are to take place at the same venue as part of a
92.27 series of performances by the same performer or group of
92.28 performers. A copy of the application must be promptly conveyed
92.29 to the chief of the local fire department, who shall make
92.30 appropriate preparations to ensure public safety in the vicinity
92.31 of the display. The operator of a facility where an indoor
92.32 fireworks display occurs must provide notice in a prominent
92.33 place as approved by the state fire marshal to inform patrons
92.34 attending a performance when indoor fireworks will be part of
92.35 that performance. The state fire marshal may grant a local fire
92.36 chief the authority to issue permits for indoor fireworks
93.1 displays. Before issuing a permit, a local fire chief must make
93.2 the determinations required in this paragraph.
93.3 (e) After a permit has been granted under either paragraph
93.4 (b) or (d), sales, possession, use and distribution of fireworks
93.5 for a display are lawful for that purpose only. A permit is not
93.6 transferable.
93.7 (e) (f) The state fire marshal shall adopt and disseminate
93.8 to political subdivisions rules establishing guidelines on
93.9 fireworks display safety that are consistent with sections
93.10 624.20 to 624.25 and the most recent editions of the Minnesota
93.11 Uniform Fire Code and the National Fire Protection Association
93.12 Standards, to insure that fireworks displays are given safely.
93.13 In the guidelines, the state fire marshal shall allow political
93.14 subdivisions to exempt the use of relatively safe fireworks for
93.15 theatrical special effects, ceremonial occasions, and other
93.16 limited purposes, as determined by the state fire marshal.
93.17 [EFFECTIVE DATE.] This section is effective the day
93.18 following final enactment.
93.19 Sec. 20. [PILOT PROJECT FOR ENHANCED COMMUNITY POLICING.]
93.20 Subdivision 1. [PILOT PROJECT ESTABLISHED.] The Minnesota
93.21 alternative policing strategies (MAPS) program is hereby
93.22 established for the purpose of enhancing community policing
93.23 efforts throughout the state of Minnesota.
93.24 Subd. 2. [GRANT PROGRAM.] The commissioner of public
93.25 safety shall make grants to up to six law enforcement agencies,
93.26 consisting of no more than two urban, two suburban, and two
93.27 rural law enforcement agencies, based upon applications
93.28 submitted by law enforcement agencies explaining how they will
93.29 use the grants for enhanced community policing initiatives.
93.30 Subd. 3. [ELIGIBILITY FOR GRANT PROGRAM.] (a) To be
93.31 eligible for a grant under this program, the law enforcement
93.32 agency must be located in an area with a high crime rate and
93.33 gang, drug, or prostitution activity. The agency also must:
93.34 (1) provide a detailed plan for how the agency will use the
93.35 grant to promote education and awareness in the community about
93.36 law enforcement's activities, including providing education and
94.1 training for both peace officers and the community on community
94.2 policing initiatives;
94.3 (2) agree to use a portion of the funding to hire
94.4 additional peace officers;
94.5 (3) agree to assign designated peace officers for a period
94.6 of at least one year to work exclusively in the area where the
94.7 enhanced community policing efforts will take place;
94.8 (4) provide a plan for holding community meetings at least
94.9 monthly with law enforcement, including the designated peace
94.10 officers, prosecuting authorities, judges with jurisdiction in
94.11 the area, and community members to further law enforcement
94.12 outreach efforts; and
94.13 (5) agree to implement a system in which the designated
94.14 peace officers will be responsible for as many emergency 911
94.15 calls in their area as reasonably possible, while relieving
94.16 these officers from responsibility for answering emergency 911
94.17 calls in other areas absent extremely urgent circumstances.
94.18 (b) A law enforcement agency receiving funding under
94.19 Minnesota Statutes, section 299A.62, the community-oriented
94.20 policing (COPS) program, is eligible to compete for a grant
94.21 under this section.
94.22 Subd. 4. [REPORTS.] (a) Each law enforcement agency
94.23 receiving a grant under this section shall provide a written
94.24 report to the commissioner of public safety describing how the
94.25 grant was used and evaluating the effectiveness of the enhanced
94.26 community policing provided under this grant. Each agency shall
94.27 provide its report by September 30, 2004.
94.28 (b) The commissioner of public safety shall report to the
94.29 chairs and ranking minority leaders of the house and senate
94.30 committees with jurisdiction over criminal justice policy and
94.31 funding on distribution of grants under this section. This
94.32 report also shall summarize the information provided by law
94.33 enforcement agencies under paragraph (a). This report shall be
94.34 provided by December 15, 2004.
94.35 Subd. 5. [ROLE OF DEPARTMENT.] The commissioner shall
94.36 assist applicants seeking federal community oriented policing
95.1 services (COPS) grants under this section. This assistance
95.2 shall include, but is not limited to, pursuing a waiver of the
95.3 local match requirement.
95.4 Sec. 21. [REPEALER.]
95.5 Minnesota Statutes 2002, section 123B.73, is repealed.
95.6 ARTICLE 5
95.7 ECONOMIC DEVELOPMENT APPROPRIATIONS
95.8 Section 1. [ECONOMIC DEVELOPMENT; APPROPRIATIONS.]
95.9 The sums shown in the columns marked "APPROPRIATIONS" are
95.10 appropriated from the general fund, or another named fund, to
95.11 the agencies and for the purposes specified in this act, to be
95.12 available for the fiscal years indicated for each purpose. The
95.13 figures "2004" and "2005," where used in this act, mean that the
95.14 appropriation or appropriations listed under them are available
95.15 for the year ending June 30, 2004, or June 30, 2005,
95.16 respectively. The term "first year" means the fiscal year
95.17 ending June 30, 2004, and the term "second year" means the
95.18 fiscal year ending June 30, 2005.
95.19 SUMMARY BY FUND
95.20 2004 2005 TOTAL
95.21 General $ 31,237,000 $ 30,509,000 $ 61,746,000
95.22 Petroleum Tank
95.23 Cleanup 1,084,000 1,084,000 2,168,000
95.24 Workers'
95.25 Compensation 835,000 835,000 1,670,000
95.26 TOTAL $ 33,156,000 $ 32,428,000 $ 65,584,000
95.27 APPROPRIATIONS
95.28 Available for the Year
95.29 Ending June 30
95.30 2004 2005
95.31 Sec. 2. COMMERCE
95.32 Subdivision 1. Total
95.33 Appropriation $ 26,353,000 $ 25,625,000
95.34 Summary by Fund
95.35 General 24,434,000 23,706,000
95.36 Petroleum
95.37 Cleanup 1,084,000 1,084,000
95.38 Workers'
95.39 Compensation 835,000 835,000
95.40 The amounts that may be spent from this
96.1 appropriation for each program are
96.2 specified in the following subdivisions.
96.3 Subd. 2. Financial
96.4 Examinations
96.5 5,997,000 5,994,000
96.6 Subd. 3. Petroleum Tank Release
96.7 Cleanup Board
96.8 1,084,000 1,084,000
96.9 This appropriation is from the
96.10 petroleum tank release cleanup fund.
96.11 Subd. 4. Administrative Services
96.12 5,518,000 5,518,000
96.13 The commissioner of commerce, after
96.14 July 1, 2003, and before June 30, 2005,
96.15 shall sell the unclaimed property
96.16 identified by the legislative auditor
96.17 in Finding 1 of the auditor's
96.18 management letter dated March 20,
96.19 2003. To the degree this property has
96.20 not been held for the three-year period
96.21 required by law prior to sale, that
96.22 three-year requirement is waived as to
96.23 this property, and the commissioner
96.24 shall sell the property.
96.25 Subd. 5. Market Assurance
96.26 6,622,000 5,897,000
96.27 Summary by Fund
96.28 General 5,787,000 5,062,000
96.29 Workers' Compensation 835,000 835,000
96.30 Subd. 6. Energy and
96.31 Telecommunications
96.32 3,941,000 3,941,000
96.33 After July 1, 2003, but before
96.34 September 30, 2003, the commissioner of
96.35 finance shall transfer $2,500,000 of
96.36 the unexpended balance in the
96.37 contractor's recovery fund established
96.38 under Minnesota Statutes, section
96.39 326.975, subdivision 1, to the general
96.40 fund.
96.41 Subd. 7. Weights and
96.42 Measurement
96.43 3,191,000 3,191,000
96.44 $600,000 the first year and $600,000
96.45 the second year are for petroleum
96.46 product quality inspection expenses,
96.47 for the inspection and testing of
96.48 petroleum product measuring equipment,
96.49 and for petroleum supply monitoring.
96.50 $85,000 the first year and $84,000 the
96.51 second year are for liquid petroleum
97.1 gas measuring equipment inspections.
97.2 The fees proposed in the 2004-2005
97.3 biennial budget for the weights and
97.4 measurement division are approved.
97.5 Sec. 3. BOARD OF ACCOUNTANCY 577,000 577,000
97.6 Sec. 4. BOARD OF ARCHITECTURE,
97.7 ENGINEERING, LAND SURVEYING,
97.8 LANDSCAPE ARCHITECTURE,
97.9 GEOSCIENCE, AND INTERIOR
97.10 DESIGN 785,000 785,000
97.11 Sec. 5. BOARD OF BARBER
97.12 EXAMINERS 172,000 172,000
97.13 $45,000 the first year and $45,000 the
97.14 second year are for technology
97.15 upgrades, including development of a
97.16 Web site, database, and document
97.17 management system. The board must work
97.18 with the office of technology in the
97.19 development and implementation. This
97.20 is a onetime appropriation and does not
97.21 become part of the base.
97.22 Sec. 6. PUBLIC UTILITIES
97.23 COMMISSION 3,747,000 3,747,000
97.24 The public utilities commission must
97.25 continue to assess and collect fees in
97.26 the amount of $4,464,000 in fiscal year
97.27 2004 and $4,476,000 in fiscal year 2005
97.28 and beyond. These amounts must be
97.29 deposited in the general fund as
97.30 nondedicated receipts.
97.31 Sec. 7. COUNCIL ON BLACK
97.32 MINNESOTANS 334,000 334,000
97.33 Sec. 8. COUNCIL ON
97.34 CHICANO-LATINO AFFAIRS 327,000 327,000
97.35 Sec. 9. COUNCIL ON
97.36 ASIAN-PACIFIC MINNESOTANS 289,000 289,000
97.37 Sec. 10. INDIAN AFFAIRS
97.38 COUNCIL 572,000 572,000
97.39 ARTICLE 6
97.40 DEPARTMENT OF COMMERCE AND BOARD OF BARBER EXAMINERS
97.41 POLICY PROVISIONS
97.42 Section 1. Minnesota Statutes 2002, section 154.18, is
97.43 amended to read:
97.44 154.18 [FEES.]
97.45 Subdivision 1. [COLLECTION; DEPOSIT.] The fees collected,
97.46 as required in this chapter, chapter 214, and the rules of the
97.47 board, shall be paid in advance to the executive secretary of
97.48 the board. The executive secretary shall deposit the fees in
97.49 the state treasury, to be disbursed by the executive secretary
98.1 on the order of the chair in payment of expenses lawfully
98.2 incurred by the board general fund.
98.3 Subd. 2. [FEE SCHEDULE.] The board shall charge the
98.4 following fees:
98.5 (1) examination and certificate, registered barber, $65;
98.6 (2) examination and certificate, apprentice, $60;
98.7 (3) examination, instructor, $160;
98.8 (4) certificate, instructor, $45;
98.9 (5) temporary teacher or apprentice permit, $50;
98.10 (6) renewal of license, registered barber, $50;
98.11 (7) renewal of license, apprentice, $45;
98.12 (8) renewal of license, instructor, $60;
98.13 (9) renewal of temporary teacher permit, $35;
98.14 (10) student permit, $25;
98.15 (11) initial shop registration, $60;
98.16 (12) initial school registration, $1,010;
98.17 (13) renewal shop registration, $60;
98.18 (14) renewal school registration, $260;
98.19 (15) restoration of registered barber license, $75;
98.20 (16) restoration of apprentice license, $70;
98.21 (17) restoration of shop registration, $85;
98.22 (18) change of ownership or location, $35;
98.23 (19) duplicate license, $20; and
98.24 (20) home study course, $75.
98.25 This subdivision expires June 30, 2005, and fees then
98.26 revert to the level set by rule.
98.27 Sec. 2. Minnesota Statutes 2002, section 239.101,
98.28 subdivision 3, is amended to read:
98.29 Subd. 3. [PETROLEUM INSPECTION FEE.] (a) An inspection fee
98.30 is imposed (1) on petroleum products when received by the first
98.31 licensed distributor, and (2) on petroleum products received and
98.32 held for sale or use by any person when the petroleum products
98.33 have not previously been received by a licensed distributor.
98.34 The petroleum inspection fee is 85 cents $1 for every 1,000
98.35 gallons received. The commissioner of revenue shall collect the
98.36 fee. The revenue from the fee must first be applied to cover
99.1 the amounts appropriated for petroleum product quality
99.2 inspection expenses, for the inspection and testing of petroleum
99.3 product measuring equipment, and for petroleum supply monitoring
99.4 under chapter 216C. These functions shall be performed by
99.5 departmental staff.
99.6 (b) The commissioner of revenue shall credit a person for
99.7 inspection fees previously paid in error or for any material
99.8 exported or sold for export from the state upon filing of a
99.9 report as prescribed by the commissioner of revenue.
99.10 (c) The commissioner of revenue may collect the inspection
99.11 fee along with any taxes due under chapter 296A.
99.12 Sec. 3. Minnesota Statutes 2002, section 239.101, is
99.13 amended by adding a subdivision to read:
99.14 Subd. 3a. [LIQUIFIED PETROLEUM FEE.] The inspection fee
99.15 for a liquified petroleum gas meter or stationary dispenser of
99.16 liquified petroleum gas is $150.