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; modifying provisions relating to 
  1.5             state and local government operations; amending 
  1.6             Minnesota Statutes 2000, sections 3.012; 3.3005, 
  1.7             subdivisions 2, 3, 3a, 4, 5, by adding subdivisions; 
  1.8             3.305, by adding subdivisions; 3.855, subdivision 3; 
  1.9             3.97, subdivision 3a; 3.979, by adding a subdivision; 
  1.10            3.98, subdivision 2; 4A.05, subdivision 1; 4A.07, 
  1.11            subdivisions 1, 2, 4, 5; 4A.08; 4A.09; 4A.10; 6.48; 
  1.12            6.56, subdivision 2; 6.58; 7.09, subdivision 1; 
  1.13            10A.01, subdivision 21; 11A.075; 15.059, subdivision 
  1.14            5a; 15.50, subdivision 2, by adding a subdivision; 
  1.15            15A.0815, subdivision 1, by adding a subdivision; 
  1.16            16A.06, by adding a subdivision; 16A.10, by adding a 
  1.17            subdivision; 16A.11, subdivision 6; 16A.152, 
  1.18            subdivisions 4, 7; 16B.58, by adding a subdivision; 
  1.19            16B.60, subdivision 3, by adding subdivisions; 16B.61, 
  1.20            subdivision 1; 16B.65; 16B.70, subdivision 2; 16B.76, 
  1.21            subdivision 1; 16B.88, subdivision 1; 16C.03, 
  1.22            subdivision 3; 16C.25; 43A.04, by adding subdivisions; 
  1.23            43A.17, subdivision 9; 43A.38, subdivisions 1, 6, 7; 
  1.24            103C.311, subdivision 1; 136F.07; 136F.40, subdivision 
  1.25            2; 138.35, by adding a subdivision; 138.39; 161.1419, 
  1.26            subdivision 8; 161.32, subdivision 1b; 179A.15; 
  1.27            190.06, subdivision 1; 190.07; 193.144, subdivision 6; 
  1.28            193.145, subdivision 4; 193.148; 197.75, subdivisions 
  1.29            1, 2; 201.016, subdivision 1a; 201.022; 201.061, 
  1.30            subdivision 3; 201.071, subdivisions 1, 3, by adding 
  1.31            subdivisions; 201.091, subdivisions 1, 4, by adding a 
  1.32            subdivision; 201.155; 202A.19, subdivision 1; 203B.04, 
  1.33            subdivisions 1, 5; 203B.06, by adding a subdivision; 
  1.34            203B.07, subdivision 1; 203B.11, by adding a 
  1.35            subdivision; 203B.16, subdivision 1; 203B.17, 
  1.36            subdivision 1; 204B.06, subdivision 1; 204B.07, 
  1.37            subdivision 2; 204B.09, subdivisions 1, 3; 204B.20; 
  1.38            204B.22, subdivisions 1, 3; 204B.23; 204B.27, by 
  1.39            adding a subdivision; 204B.28, subdivision 1; 204B.45, 
  1.40            subdivision 2; 204B.46; 204C.03, subdivision 1; 
  1.41            204C.10; 204C.35; 204C.36, subdivisions 1, 3; 204D.04, 
  1.42            subdivision 2; 204D.09; 204D.11, subdivision 4; 
  1.43            204D.24, subdivision 2; 205.02, subdivision 1; 205.13, 
  1.44            subdivision 1a; 205.17, by adding a subdivision; 
  1.45            205.185, subdivisions 2, 3; 205A.02; 205A.11, 
  1.46            subdivision 2; 206.81; 208.06; 208.08; 209.065; 
  2.1             211A.02, subdivisions 1, 4; 211B.16, subdivision 1; 
  2.2             240A.08; 317A.123, subdivision 1; 317A.827, 
  2.3             subdivision 2; 358.10; 367.03, subdivision 6; 394.232, 
  2.4             subdivisions 1, 2, 3, 4, 5, 7, by adding a 
  2.5             subdivision; 403.11, subdivision 1; 462.351; 462.352, 
  2.6             subdivisions 5, 6; 462.3535, subdivisions 1, 2, 3, 4, 
  2.7             10; 473.13, by adding a subdivision; 473.1455; 517.08, 
  2.8             subdivisions 1b, 1c; 645.44, by adding a subdivision; 
  2.9             Laws 1998, chapter 366, section 80; Laws 1998, chapter 
  2.10            404, section 23, subdivision 6; Laws 1999, chapter 
  2.11            250, article 1, sections 115, 116; proposing coding 
  2.12            for new law in Minnesota Statutes, chapters 3; 4A; 5; 
  2.13            6; 16A; 16C; 16E; 43A; 200; 201; 204B; 206; 240A; 473; 
  2.14            proposing coding for new law as Minnesota Statutes, 
  2.15            chapter 116T; repealing Minnesota Statutes 2000, 
  2.16            sections 3.9222; 4A.07, subdivision 3; 8.31, 
  2.17            subdivision 2c; 13.202, subdivision 8; 13.606, 
  2.18            subdivision 2; 16A.67; 16A.6701; 16B.37; 16B.58, 
  2.19            subdivision 7; 43A.18, subdivision 5; 129D.06; 
  2.20            204B.06, subdivision 1a; 204C.15, subdivision 2a; 
  2.21            246.18, subdivision 7; 394.232; 462.352, subdivision 
  2.22            18; 462.3535, subdivisions 5, 6, 7, 8, 9; 465.795; 
  2.23            465.796; 465.797; 465.7971; 465.798; 465.799; 465.801; 
  2.24            465.802; 465.803; 465.83; 465.87; 465.88; 473.1455; 
  2.25            572A.01; 572A.03, subdivision 2; Minnesota Rules, part 
  2.26            8250.1400. 
  2.27  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.28                             ARTICLE 1 
  2.29                           APPROPRIATIONS 
  2.30  Section 1.  [STATE GOVERNMENT APPROPRIATIONS.] 
  2.31     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.32  appropriated from the general fund, or another fund named, to 
  2.33  the agencies and for the purposes specified in this act, to be 
  2.34  available for the fiscal years indicated for each purpose.  The 
  2.35  figures "2002" and "2003," where used in this act, mean that the 
  2.36  appropriation or appropriations listed under them are available 
  2.37  for the year ending June 30, 2002, or June 30, 2003, 
  2.38  respectively. 
  2.39                                             APPROPRIATIONS 
  2.40                                         Available for the Year 
  2.41                                             Ending June 30 
  2.42                                            2002         2003 
  2.43  Sec. 2.  LEGISLATURE
  2.44  Subdivision 1.  Total
  2.45  Appropriation                         57,938,000     60,602,000
  2.46                Summary by Fund
  2.47  General              57,788,000    60,452,000
  2.48  Health Care Access      150,000       150,000
  2.49  The amounts that may be spent from this 
  2.50  appropriation for each program are 
  2.51  specified in the following subdivisions.
  3.1   Subd. 2.  Senate
  3.2        14,102,000     14,102,000
  3.3   Subd. 3.  House of Representatives
  3.4        26,843,000     29,497,000 
  3.5   Of amounts previously appropriated to 
  3.6   the house and carried forward into the 
  3.7   biennium beginning July 1, 2001, 
  3.8   $1,000,000 is canceled to the general 
  3.9   fund. 
  3.10  Subd. 4.  Legislative
  3.11  Coordinating Commission
  3.12                Summary by Fund
  3.13  General              14,343,000    14,353,000
  3.14  Health Care Access      150,000       150,000
  3.15  Effective January 1, 2002, the house of 
  3.16  representatives public information 
  3.17  office and the senate publications 
  3.18  office are combined, under the 
  3.19  jurisdiction of the legislative 
  3.20  coordinating commission. 
  3.21  Effective January 1, 2002, the house of 
  3.22  representatives television services 
  3.23  office and the senate media services 
  3.24  offices are combined, under the 
  3.25  jurisdiction of the legislative 
  3.26  coordinating commission. 
  3.27  During the interim between the 2001 and 
  3.28  2002 legislative sessions, legislative 
  3.29  appointing authorities may work with 
  3.30  the department of employee relations to 
  3.31  place legislative staff on temporary 
  3.32  assignments in state agencies.  The 
  3.33  legislature is responsible for salary 
  3.34  and benefits of employees who choose 
  3.35  these temporary assignments.  Work 
  3.36  assignments and hours must be 
  3.37  negotiated by legislative appointing 
  3.38  authorities and the state agencies 
  3.39  getting interim use of legislative 
  3.40  staff.  Refusal of a commissioner to 
  3.41  find a suitable work assignment for 
  3.42  interested and qualified legislative 
  3.43  staff must be reported to the budget 
  3.44  committee chairs of the house and 
  3.45  senate that have jurisdiction over that 
  3.46  agency's budget. 
  3.47  Sec. 3.  GOVERNOR AND
  3.48  LIEUTENANT GOVERNOR                    4,508,000      4,519,000 
  3.49  $19,000 the first year and $19,000 the 
  3.50  second year are for necessary expenses 
  3.51  in the normal performance of the 
  3.52  governor's and lieutenant governor's 
  3.53  duties for which no other reimbursement 
  3.54  is provided. 
  3.55  By September 1 each year, the 
  3.56  commissioner of finance shall report to 
  3.57  the chairs of the senate governmental 
  4.1   operations budget division and the 
  4.2   house state government finance division 
  4.3   any personnel costs incurred by the 
  4.4   office of the governor and lieutenant 
  4.5   governor that were supported by 
  4.6   appropriations to other agencies during 
  4.7   the previous fiscal year.  The office 
  4.8   of the governor shall inform the chairs 
  4.9   of the divisions before initiating any 
  4.10  interagency agreements. 
  4.11  Sec. 4.  STATE AUDITOR                 9,777,000         -0-    
  4.12  Sec. 5.  STATE TREASURER               2,328,000      2,284,000 
  4.13  Sec. 6.  ATTORNEY GENERAL             28,680,000     29,368,000 
  4.14                Summary by Fund
  4.15  General              26,227,000    26,863,000
  4.16  State Government
  4.17  Special Revenue       1,834,000     1,876,000
  4.18  Environmental           142,000       145,000 
  4.19  Solid Waste             477,000       484,000
  4.20  Sec. 7.  SECRETARY OF STATE            9,578,000        821,000 
  4.21  $2,000,000 the first year is for 
  4.22  transfer to the voting equipment grant 
  4.23  account established in Minnesota 
  4.24  Statutes, section 204B.48. 
  4.25  Sec. 8.  CAMPAIGN FINANCE AND
  4.26  PUBLIC DISCLOSURE BOARD                  658,000        671,000 
  4.27  For 2001 - $35,000 
  4.28  $35,000 is appropriated in fiscal year 
  4.29  2001 and is effective immediately. 
  4.30  Sec. 9.  INVESTMENT BOARD              2,376,000      2,376,000 
  4.31  Sec. 10.  ADMINISTRATIVE HEARINGS      6,966,000      7,169,000 
  4.32  This appropriation is from the workers' 
  4.33  compensation fund. 
  4.34  Sec. 11.  OFFICE OF STRATEGIC
  4.35  AND LONG-RANGE PLANNING                4,693,000      4,378,000
  4.36  The base budget for the critical issues 
  4.37  activity is reduced by $810,000 each 
  4.38  year. 
  4.39  $250,000 each year is for one-time 
  4.40  grants of $50,000 each to regional 
  4.41  development commissions or, in regions 
  4.42  not served by regional development 
  4.43  commissions, to regional organizations 
  4.44  selected by the director, to support 
  4.45  planning work on behalf of local units 
  4.46  of government.  The planning work must 
  4.47  take into consideration any impacts on 
  4.48  private property rights and must 
  4.49  include at least one of the following:  
  4.50  (1) development of local zoning 
  4.51  ordinances; (2) land use plans; (3) 
  4.52  community or economic development 
  5.1   plans; (4) transportation and transit 
  5.2   plans; (5) solid waste management 
  5.3   plans; (6) wastewater management plans; 
  5.4   (7) workforce development plans; (8) 
  5.5   housing development plans and market 
  5.6   analyses; (9) rural health service and 
  5.7   senior nutrition plans; (10) natural 
  5.8   resources management plans; or (11) 
  5.9   development of a geographical 
  5.10  information systems database to serve a 
  5.11  region's needs, including hardware and 
  5.12  software purchases and related labor 
  5.13  costs.  State grant funds must be 
  5.14  matched on a dollar-for-dollar basis by 
  5.15  nonstate funds.  Copies of all planning 
  5.16  documents developed as a result of the 
  5.17  grants must be compiled by the office 
  5.18  of strategic and long-range planning 
  5.19  and made available for public 
  5.20  inspection.  Local planning work 
  5.21  supported by this appropriation must 
  5.22  adhere to the goals of sustainable land 
  5.23  use planning under Minnesota Statutes, 
  5.24  section 4A.08. 
  5.25  $25,000 the first year is for 
  5.26  preparation of urban river development 
  5.27  guidelines under article 2, section 123.
  5.28  $100,000 the first year is for a grant 
  5.29  to support subregional comprehensive 
  5.30  planning by the N.M. I-35W Corridor 
  5.31  Coalition.  The appropriation is 
  5.32  available until June 30, 2003.  The 
  5.33  subregional work must include the 
  5.34  following components leading to a 
  5.35  coordinated subregional comprehensive 
  5.36  plan submission to the metropolitan 
  5.37  council in 2003:  (1) coordinated land 
  5.38  use plans; (2) coordinated economic 
  5.39  development and redevelopment 
  5.40  strategies focused on redefining 
  5.41  metropolitan competitiveness with 
  5.42  linkage to creating local job 
  5.43  opportunities and integrated housing, 
  5.44  transportation, and transit systems; 
  5.45  (3) coordinated transportation and 
  5.46  transit plans; (4) coordinated 
  5.47  workforce development plans; (5) 
  5.48  coordinated subregional housing 
  5.49  development plans and market analyses 
  5.50  ensuring healthy neighborhoods and 
  5.51  increased choice in lifecycle housing; 
  5.52  (6) coordinated natural resources 
  5.53  management plans; (7) expanded GIS 
  5.54  database management system focused on 
  5.55  improving subregional decision making 
  5.56  through access to better data and tools 
  5.57  for analysis as well as being 
  5.58  exportable to other regional and 
  5.59  subregional collaborative efforts; and 
  5.60  (8) establishment of a coalition 
  5.61  institute structured to utilize livable 
  5.62  community principles to address issues 
  5.63  of growth and infill, to support 
  5.64  standards for quality development, and 
  5.65  to create direct benefit for learning 
  5.66  experience and sharing with other 
  5.67  regional and subregional organizations 
  5.68  and agencies.  State grant funds must 
  5.69  be matched on a dollar-for-dollar basis 
  6.1   from nonstate funds.  Local planning 
  6.2   work supported by this appropriation 
  6.3   must adhere to the goals of sustainable 
  6.4   land use planning under Minnesota 
  6.5   Statutes, section 4A.08. 
  6.6   The director must submit a plan to the 
  6.7   legislature by January 30, 2002, for 
  6.8   creation of a competition council.  The 
  6.9   competition council would make 
  6.10  recommendations to the executive and 
  6.11  legislative branches on opportunities, 
  6.12  strategies, and best practices for 
  6.13  competitive delivery of services or 
  6.14  goods currently delivered by 
  6.15  government.  The plan for creation of a 
  6.16  council must include the authority of 
  6.17  the commission, its mission and 
  6.18  objectives, and a proposed structure. 
  6.19  $200,000 the first year is for a grant 
  6.20  to the Northern Counties Land Use 
  6.21  Coordinating Board to initiate a pilot 
  6.22  project to promote cooperative efforts 
  6.23  among county, state, federal, and local 
  6.24  units of government regarding land use 
  6.25  management issues.  The board shall 
  6.26  also solicit cooperation with Canadian 
  6.27  officials who represent areas 
  6.28  contiguous to the region and with local 
  6.29  organizations representing 
  6.30  recreational, agricultural, mining, 
  6.31  forestry, and tourism interests.  The 
  6.32  objectives of the pilot project are to 
  6.33  document instances of incompatible or 
  6.34  conflicting land use policies and 
  6.35  regulations and to identify and promote 
  6.36  a means of resolving such differences 
  6.37  that may provide a national model for 
  6.38  management through intergovernmental 
  6.39  cooperation.  The board must report to 
  6.40  the legislature by January 15, 2003, on 
  6.41  the results of the pilot project.  
  6.42  State grant funds must be matched on a 
  6.43  dollar-for-dollar basis by nonstate 
  6.44  funds.  Local planning work supported 
  6.45  by this appropriation must adhere to 
  6.46  the goals of sustainable land use 
  6.47  planning under Minnesota Statutes, 
  6.48  section 4A.08. 
  6.49  $200,000 each year is for the director 
  6.50  to study matters relating to the 
  6.51  economic status of women in Minnesota, 
  6.52  including:  (1) economic security of 
  6.53  homemakers and women in the labor 
  6.54  force; (2) opportunities for education 
  6.55  and vocational training; (3) employment 
  6.56  opportunities; (4) the contributions of 
  6.57  women to the economy; (5) women's 
  6.58  access to benefits and services 
  6.59  provided to citizens of the state; (6) 
  6.60  laws and business practices 
  6.61  constituting barriers to the full 
  6.62  participation by women in the economy; 
  6.63  and (7) adequacy of programs and 
  6.64  services relating to families in 
  6.65  Minnesota, including single-parent 
  6.66  families and members beyond the nuclear 
  6.67  or immediate family.  The director may 
  6.68  appoint an advisory group to advise the 
  7.1   director on these matters.  Employees 
  7.2   of the legislative commission on the 
  7.3   economic status of women are 
  7.4   transferred to the office of strategic 
  7.5   and long-range planning.  
  7.6   Sec. 12.  ADMINISTRATION
  7.7   Subdivision 1.  Total
  7.8   Appropriation                         78,808,000     47,786,000
  7.9                 Summary by Fund
  7.10  General              36,762,000    28,022,000
  7.11  Special Revenue      42,046,000    19,764,000
  7.12  The amounts that may be spent from this 
  7.13  appropriation for each program are 
  7.14  specified in the following subdivisions.
  7.15  Subd. 2.  Operations Management
  7.16       3,683,000      3,694,000 
  7.17  Subd. 3.  Intertechnologies Group
  7.18                Summary by Fund
  7.19  General                 859,000       859,000
  7.20  Special Revenue      20,327,000    19,764,000
  7.21  For 2001 $3,988,000
  7.22  The appropriation from the special 
  7.23  revenue fund is for recurring costs of 
  7.24  911 emergency telephone service. 
  7.25  Subd. 4.  Facilities Management
  7.26      15,577,000     16,009,000 
  7.27  The balance in the state building code 
  7.28  account in the state government special 
  7.29  revenue fund as of July 1, 2001, is 
  7.30  canceled to the general fund. 
  7.31  The senate must transfer control of the 
  7.32  G2 office suite in the capitol to the 
  7.33  governor's office.  The department of 
  7.34  administration must transfer control of 
  7.35  the B46 office suite to the senate. 
  7.36  Eighty covered spaces and 105 roof 
  7.37  spaces in the State Office Building 
  7.38  parking ramp must be assigned to house 
  7.39  of representatives staff.  To make the 
  7.40  required assignment of spaces to house 
  7.41  staff, the number of spaces assigned to 
  7.42  staff from other entities must be 
  7.43  reduced proportionately.  However, no 
  7.44  spaces in the ramp may be taken from 
  7.45  elected officials. 
  7.46  In lieu of receiving the rent 
  7.47  deficiency for ceremonial space, the 
  7.48  department of administration must 
  7.49  locate the State Bookstore in room 230 
  7.50  of the capitol. 
  8.1   Subd. 5.  Management Services
  8.2         4,057,000      3,868,000
  8.3   Subd. 6.  Fiscal Agent
  8.4            2,000          2,000 
  8.5   This appropriation is for the state 
  8.6   band. 
  8.7   Subd. 7.  Public Broadcasting
  8.8                 Summary by Fund
  8.9   General                 848,000       848,000
  8.10  Special Revenue      20,860,000         -0- 
  8.11  $441,000 the first year and $441,000 
  8.12  the second year are for grants and for 
  8.13  contracts with the senate and house of 
  8.14  representatives for public information 
  8.15  television, Internet, Intranet, and 
  8.16  other transmission of legislative 
  8.17  activities.  At least one-half must go 
  8.18  for programming to be broadcast and 
  8.19  transmitted to rural Minnesota. 
  8.20  $20,860,000 the first year is 
  8.21  appropriated from the contingency 
  8.22  account in the special revenue fund for 
  8.23  grants to noncommercial television 
  8.24  stations to assist with conversion to a 
  8.25  digital broadcast signal as mandated by 
  8.26  the federal government.  In order to 
  8.27  qualify for these grants, a station 
  8.28  must meet the criteria established for 
  8.29  grants in Minnesota Statutes, section 
  8.30  129D.12, subdivision 2.  To avoid 
  8.31  duplication, a station using money from 
  8.32  this appropriation to construct a tower 
  8.33  must consult with public radio stations 
  8.34  in its area to determine if they have a 
  8.35  similar need.  If a public radio 
  8.36  station has a similar need, a cost 
  8.37  benefit analysis must be completed to 
  8.38  determine if it is more economically 
  8.39  feasible to jointly construct the new 
  8.40  tower.  All parties must share in the 
  8.41  cost of construction and maintenance of 
  8.42  the tower. 
  8.43  $407,000 the first year and $407,000 
  8.44  the second year are for grants to 
  8.45  public educational radio stations, 
  8.46  which must be allocated after 
  8.47  considering the recommendations of the 
  8.48  Association of Minnesota Public 
  8.49  Educational Radio Stations under 
  8.50  Minnesota Statutes, section 129D.14. 
  8.51  Subd. 8.  Office of Technology
  8.52      11,736,000      2,742,000 
  8.53  (a) The commissioner of administration 
  8.54  must contract with an entity outside of 
  8.55  state government to prepare a 
  8.56  supplemental evaluation, risk 
  8.57  assessment, and risk mitigation plan 
  9.1   for the CriMNet system.  The entity 
  9.2   performing this work must not have any 
  9.3   other direct or indirect financial 
  9.4   interest in the project. 
  9.5   (b) Before January 1, 2002, each 
  9.6   recipient of an appropriation for the 
  9.7   CriMNet system must, in consultation 
  9.8   with the commissioner of 
  9.9   administration, submit to the entity 
  9.10  selected under paragraph (a):  
  9.11  (1) a list of objectives the entity 
  9.12  expects to achieve with the money 
  9.13  appropriated to it; and 
  9.14  (2) a list of performance measures that 
  9.15  can be used to determine the extent to 
  9.16  which these objectives are being met. 
  9.17  (c) The evaluation, risk assessment, 
  9.18  and risk mitigation plan must 
  9.19  separately consider each component of 
  9.20  the project, including:  suspense 
  9.21  files, the integration backbone, the 
  9.22  Minnesota court information system, 
  9.23  photo imaging, livescan cardhandler, 
  9.24  predatory offender registration, CJDN 
  9.25  upgrade, statewide supervision, and 
  9.26  county planning and implementation 
  9.27  grants.  For each component, the 
  9.28  evaluation may also consider: 
  9.29  (1) the likelihood that each entity 
  9.30  will achieve its objectives within the 
  9.31  limits of the money appropriated; and 
  9.32  (2) the appropriateness of the 
  9.33  performance measures suggested by each 
  9.34  entity receiving an appropriation. 
  9.35  (d) Work on the evaluation, risk 
  9.36  assessment, and risk mitigation plan 
  9.37  must begin as soon as practicable but 
  9.38  no later than November 15, 2001.  The 
  9.39  results of the evaluation, risk 
  9.40  assessment, and risk mitigation plan 
  9.41  must be reported to the legislature, 
  9.42  the commissioner of administration, and 
  9.43  the chief justice of the supreme court 
  9.44  by March 15, 2002.  The final report 
  9.45  must include recommendations on changes 
  9.46  or improvements needed for each 
  9.47  component of the program and whether or 
  9.48  not a component should proceed.  A 
  9.49  recommendation not to proceed with a 
  9.50  component of the project is only 
  9.51  advisory.  Decisions regarding 
  9.52  proceeding with project components will 
  9.53  be made by the commissioner of public 
  9.54  safety in consultation with the policy 
  9.55  group. 
  9.56  The office must establish the state 
  9.57  information architecture under 
  9.58  Minnesota Statutes, section 16E.04, 
  9.59  subdivision 2, by March 1, 2002. 
  9.60  $9,000,000 is for deposit in the 
  9.61  technology enterprise fund.  
 10.1   The commissioner may spend up to 
 10.2   $5,400,000 of the fund for the income 
 10.3   tax re-engineering project in revenue, 
 10.4   up to $1,000,000 for the North Star 
 10.5   enterprise portal, up to $1,500,000 for 
 10.6   small agency infrastructure, up to 
 10.7   $300,000 for statewide information 
 10.8   technology architecture, and up to 
 10.9   $300,000 for an unemployment insurance 
 10.10  management project. 
 10.11  Sec. 13.  EMPLOYEE RELATIONS          13,025,000     18,048,000
 10.12  For 2001 - $2,000,000 
 10.13  $5,000,000 the first year and 
 10.14  $10,000,000 the second year are to pay 
 10.15  costs of compensation and economic 
 10.16  benefit increases provided to employees 
 10.17  in the executive branch.  The 
 10.18  appropriation applies only to employees 
 10.19  funded from the general fund.  The 
 10.20  commissioner of finance must transfer 
 10.21  to the covered agencies amounts 
 10.22  certified as necessary by the chief 
 10.23  financial officer of the agency.  The 
 10.24  commissioner must make pro rata 
 10.25  distributions if the amount of this 
 10.26  appropriation is insufficient to pay 
 10.27  all costs. 
 10.28  $50,000 each year is for a grant to the 
 10.29  Government Training Service. 
 10.30  $2,000,000 in fiscal year 2001 is for 
 10.31  one-time funding to the department of 
 10.32  employee relations to be distributed 
 10.33  for back-pay liability costs associated 
 10.34  with compliance with the Fair Labor 
 10.35  Standards Act. 
 10.36  Sec. 14.  CAPITOL AREA ARCHITECTURAL
 10.37  AND PLANNING BOARD                       283,000        284,000 
 10.38  During the biennium ending June 30, 
 10.39  2003, money received by the board from 
 10.40  public agencies, as provided by 
 10.41  Minnesota Statutes, section 15.50, 
 10.42  subdivision 3, is appropriated to the 
 10.43  board. 
 10.44  Any unencumbered money appropriated for 
 10.45  the Hubert H. Humphrey memorial under 
 10.46  Laws 1999, chapter 250, article 1, 
 10.47  section 13, is canceled. 
 10.48  Sec. 15.  FINANCE 
 10.49  Subdivision 1.  Total
 10.50  Appropriation                         17,942,000     17,961,000
 10.51  The amounts that may be spent from this 
 10.52  appropriation for each program are 
 10.53  specified in the following subdivisions.
 10.54  Subd. 2.  State Financial Management
 10.55       7,993,000      7,993,000 
 10.56  Subd. 3.  Information and Management Services
 11.1        9,949,000      9,968,000 
 11.2   Subd. 4.  Technology Budget Book 
 11.3   The department shall prepare a separate 
 11.4   budget book for the biennium beginning 
 11.5   July 1, 2003, containing all of the 
 11.6   administration's technology 
 11.7   initiatives.  The book shall also 
 11.8   include a complete inventory of 
 11.9   state-owned and leased technology, 
 11.10  along with a projected replacement 
 11.11  schedule.  The inventory shall include 
 11.12  information on how the technology fits 
 11.13  into the state's master plan.  The book 
 11.14  must be in the same format as other 
 11.15  biennial budget books. 
 11.16  Sec. 16.  REVENUE
 11.17  Subdivision 1.  Total
 11.18  Appropriation                         89,375,000     89,506,000
 11.19                Summary by Fund
 11.20  General              85,146,000    85,195,000
 11.21  Health Care Access    1,731,000     1,764,000
 11.22  Highway User
 11.23  Tax Distribution      2,191,000     2,237,000
 11.24  Environmental           107,000       110,000 
 11.25  Solid Waste             200,000       200,000
 11.26  The amounts that may be spent from this 
 11.27  appropriation for each program are 
 11.28  specified in the following subdivisions.
 11.29  Subd. 2.  Tax System Management
 11.30      86,765,000     86,896,000 
 11.31                Summary by Fund
 11.32  General              82,589,000    82,638,000
 11.33  Health Care Access    1,678,000     1,711,000
 11.34  Highway User
 11.35  Tax Distribution      2,191,000     2,237,000
 11.36  Environmental           107,000       110,000 
 11.37  Solid Waste             200,000       200,000
 11.38  Subd. 3.  Accounts Receivable Management
 11.39                Summary by Fund
 11.40  General               2,557,000     2,557,000
 11.41  Health Care Access       53,000        53,000
 11.42  Sec. 17.  MILITARY AFFAIRS
 11.43  Subdivision 1.  Total
 11.44  Appropriation                         13,409,000     13,446,000
 11.45  The amounts that may be spent from this 
 12.1   appropriation for each program are 
 12.2   specified in the following subdivisions.
 12.3   In fiscal year 2001, $186,000 in 
 12.4   general funds is transferred from Laws 
 12.5   1999, chapter 250, article 1, section 
 12.6   28, to the department of military 
 12.7   affairs to pay for higher than 
 12.8   anticipated fuel costs of the 
 12.9   department's training and community 
 12.10  center facilities. 
 12.11  Subd. 2.  Maintenance of Training
 12.12  Facilities
 12.13       6,938,000      6,938,000 
 12.14  Subd. 3.  General Support
 12.15       1,791,000      1,828,000 
 12.16  $50,000 the first year and $50,000 the 
 12.17  second year are to assist in the 
 12.18  operation and staffing of the Minnesota 
 12.19  national guard youth camp at Camp 
 12.20  Ripley.  This appropriation is 
 12.21  contingent on its being matched by 
 12.22  money from other sources. 
 12.23  The department may not sell or lease 
 12.24  land in Ramsey county to the department 
 12.25  of transportation, nor may the 
 12.26  department locate a joint or shared 
 12.27  facility with the department of 
 12.28  transportation within the county. 
 12.29  Subd. 4.  Enlistment Incentives
 12.30       4,605,000      4,605,000 
 12.31  Subd. 5.  Emergency Services
 12.32          75,000         75,000 
 12.33  Sec. 18.  VETERANS AFFAIRS             4,515,000      4,374,000 
 12.34  $150,000 is for a grant to the St. 
 12.35  Louis county historical society in 
 12.36  Duluth, Minnesota, to be used to 
 12.37  complete the Veterans Memorial Hall 
 12.38  physical exhibit and displays.  This 
 12.39  appropriation is available until June 
 12.40  30, 2002. 
 12.41  Sec. 19.  VETERANS OF FOREIGN
 12.42  WARS                                      55,000         55,000 
 12.43  For carrying out the provisions of Laws 
 12.44  1945, chapter 455. 
 12.45  Sec. 20.  MILITARY ORDER OF
 12.46  THE PURPLE HEART                          20,000         20,000 
 12.47  Sec. 21.  DISABLED AMERICAN
 12.48  VETERANS                                  13,000         13,000 
 12.49  For carrying out the provisions of Laws 
 12.50  1941, chapter 425. 
 12.51  Sec. 22.  GAMBLING CONTROL             2,410,000      2,453,000 
 13.1   Sec. 23.  RACING COMMISSION              406,000        410,000 
 13.2   Sec. 24.  STATE LOTTERY                  750,000          -0-   
 13.3   $750,000 is from the lottery prize fund 
 13.4   to the commissioner of human services 
 13.5   for a grant to reconstruct Project 
 13.6   Turnabout in Granite Falls destroyed by 
 13.7   the Granite Falls tornado.  This 
 13.8   appropriation is available until June 
 13.9   30, 2003, and does not become part of 
 13.10  the base. 
 13.11  Sec. 25.  AMATEUR SPORTS
 13.12  COMMISSION                             2,866,000      1,394,000 
 13.13  The commission must develop a plan for 
 13.14  becoming self-sufficient.  The timeline 
 13.15  for self-sufficiency must not exceed 
 13.16  five years.  The commission must report 
 13.17  the plan to the chairs of the budget 
 13.18  committees in the house and the senate 
 13.19  by February 1, 2002. 
 13.20  $2,000,000 in fiscal year 2002 and 
 13.21  $750,000 in fiscal year 2003 are for 
 13.22  making matching grants for soccer field 
 13.23  development as provided under Minnesota 
 13.24  Statutes, section 240A.13.  
 13.25  $200,000 in fiscal year 2002 is for a 
 13.26  one-time grant to a nonprofit 
 13.27  corporation for operation of a shooting 
 13.28  sports program at a state-owned 
 13.29  facility.  The program funded through 
 13.30  this grant must be designed to train 
 13.31  participants and coaches in shooting 
 13.32  sports that are Olympic events.  This 
 13.33  appropriation is available until June 
 13.34  30, 2003. 
 13.35  $25,000 is for a grant to the Range 
 13.36  Recreation Civic Center for bleacher 
 13.37  purchase. 
 13.38  Sec. 26.  BOARD OF THE ARTS
 13.39  Subdivision 1.  Total
 13.40  Appropriation                         10,603,000     10,611,000
 13.41  The amounts that may be spent from this 
 13.42  appropriation for each program are 
 13.43  specified in the following subdivisions.
 13.44  Subd. 2.  Operations and Services
 13.45       1,028,000      1,036,000 
 13.46  By February 15, 2002, the board must 
 13.47  compile, report to the legislature, and 
 13.48  make readily available a listing of 
 13.49  grants awarded with funds appropriated 
 13.50  for fiscal years 2000 and 2001 by type 
 13.51  and dollar amount, along with a 
 13.52  measurement of impact for each grant.  
 13.53  Impact measurements include, but are 
 13.54  not limited to:  (1) the number of 
 13.55  patrons served; (2) a determination if 
 13.56  the grant allowed the grantee to go 
 13.57  forward; and (3) the extent the grantee 
 13.58  was able to expand or otherwise improve 
 14.1   the artistic experience offered the 
 14.2   public. 
 14.3   The board must also compile and make 
 14.4   available a historical record for every 
 14.5   grantee that has received funds from 
 14.6   the board.  The list must be by grantee 
 14.7   and identify all types of grants 
 14.8   received each year. 
 14.9   Subd. 3.  Grants Program
 14.10       3,540,000      3,540,000 
 14.11  The board must not grant more than 
 14.12  $100,000 per year to any grantee. 
 14.13  Subd. 4.  Regional Arts
 14.14  Councils
 14.15       3,535,000      3,535,000 
 14.16  Sec. 27.  MINNESOTA HUMANITIES
 14.17  COMMISSION                               909,000        909,000 
 14.18  The humanities commission must develop 
 14.19  a plan for the selection of a Minnesota 
 14.20  poet laureate.  The commission must 
 14.21  report the plan to the legislature by 
 14.22  February 1, 2002. 
 14.23  Sec. 28.  GENERAL CONTINGENT
 14.24  ACCOUNTS                                 600,000        600,000 
 14.25                Summary by Fund
 14.26  General                 100,000       100,000
 14.27  State Government
 14.28  Special Revenue         400,000       400,000
 14.29  Workers'     
 14.30  Compensation            100,000       100,000
 14.31  Sec. 29.  TORT CLAIMS                    275,000        275,000 
 14.32  To be spent by the commissioner of 
 14.33  finance. 
 14.34  If the appropriation for either year is 
 14.35  insufficient, the appropriation for the 
 14.36  other year is available for it. 
 14.37  Sec. 30.  MINNESOTA STATE   
 14.38  RETIREMENT SYSTEM                      9,299,000      9,856,000 
 14.39  The amounts estimated to be needed for 
 14.40  each program are as follows: 
 14.41  (a) Legislators
 14.42       6,821,000      7,230,000 
 14.43  Under Minnesota Statutes, sections 
 14.44  3A.03, subdivision 2; 3A.04, 
 14.45  subdivisions 3 and 4; and 3A.11. 
 14.46  (b) Constitutional Officers 
 14.47         355,000        376,000 
 15.1   Under Minnesota Statutes, sections 
 15.2   352C.031, subdivision 5; 352C.04, 
 15.3   subdivision 3; and 352C.09, subdivision 
 15.4   2. 
 15.5   (c) Judges
 15.6        2,123,000      2,250,000 
 15.7   If an appropriation in this section for 
 15.8   either year is insufficient, the 
 15.9   appropriation for the other year is 
 15.10  available for it. 
 15.11  Sec. 31.  MINNEAPOLIS EMPLOYEES
 15.12  RETIREMENT FUND                        3,232,000      3,232,000 
 15.13  Sec. 32.  POLICE AND FIRE   
 15.14  AMORTIZATION AID                       6,345,000      6,345,000 
 15.15  Sec. 33.  COMPENSATION COUNCIL 
 15.16  The compensation council recommendation 
 15.17  of 2001 may not take effect unless 
 15.18  approved by law. 
 15.19     Sec. 34.  [EFFECTIVE DATE.] 
 15.20     The appropriations for fiscal year 2001 are effective the 
 15.21  day following final enactment. 
 15.22                             ARTICLE 2
 15.23                    STATE GOVERNMENT OPERATIONS
 15.24     Section 1.  Minnesota Statutes 2000, section 3.012, is 
 15.25  amended to read: 
 15.26     3.012 [LEGISLATIVE DAY.] 
 15.27     A legislative day is a day when either house or a committee 
 15.28  of either house of the legislature is called to order.  A 
 15.29  legislative day begins at seven o'clock a.m. and continues until 
 15.30  seven o'clock a.m. of the following calendar day.  
 15.31     Sec. 2.  Minnesota Statutes 2000, section 3.3005, 
 15.32  subdivision 2, is amended to read: 
 15.33     Subd. 2.  [GOVERNOR'S REQUEST TO LEGISLATURE.] A state 
 15.34  agency shall not expend money received by it under federal law 
 15.35  for any purpose unless a request to spend federal money from 
 15.36  that source for that purpose in that fiscal year has been 
 15.37  submitted by the governor to the legislature as a part of a 
 15.38  budget request submitted during or within ten days before the 
 15.39  start of a regular legislative session, or unless specifically 
 15.40  authorized by law or as provided by this section.  A budget 
 15.41  request submitted to the legislature according to this 
 16.1   subdivision must be submitted at least 20 days before the 
 16.2   deadline set by the legislature for legislative budget 
 16.3   committees to act on finance bills.  
 16.4      Sec. 3.  Minnesota Statutes 2000, section 3.3005, 
 16.5   subdivision 3, is amended to read: 
 16.6      Subd. 3.  [STATE MATCH.] If a request to spend federal 
 16.7   money is included in the governor's budget or spending the money 
 16.8   is authorized by law but the amount of federal money received 
 16.9   requires a state match greater than that included in the budget 
 16.10  request or authorized by law, the amount that requires an 
 16.11  additional state match may be allotted for expenditure after the 
 16.12  requirements of subdivision 5 or 6 are met. 
 16.13     Sec. 4.  Minnesota Statutes 2000, section 3.3005, 
 16.14  subdivision 3a, is amended to read: 
 16.15     Subd. 3a.  [CHANGE IN PURPOSE.] If a request to spend 
 16.16  federal money is included in a governor's budget request and 
 16.17  approved according to subdivision 2a, but the purpose for which 
 16.18  the money is to be used changes from the time of the request and 
 16.19  approval, the amount may be allotted for expenditure after a 
 16.20  revised request is submitted according to subdivision 2 or the 
 16.21  requirements of subdivision 5 or 6 are met. 
 16.22     Sec. 5.  Minnesota Statutes 2000, section 3.3005, is 
 16.23  amended by adding a subdivision to read: 
 16.24     Subd. 3b.  [INCREASE IN AMOUNT.] If a request to spend 
 16.25  federal money is included in a governor's budget request and 
 16.26  approved according to subdivision 2 or subdivision 5 and the 
 16.27  amount of money available increases after the request is made 
 16.28  and authorized, the additional amount may be allotted for 
 16.29  expenditure after a revised request is submitted according to 
 16.30  subdivision 2, or the requirements of subdivision 5 or 6 are met.
 16.31     Sec. 6.  Minnesota Statutes 2000, section 3.3005, 
 16.32  subdivision 4, is amended to read: 
 16.33     Subd. 4.  [INTERIM PROCEDURES; URGENCIES.] If federal money 
 16.34  becomes available to the state for expenditure after the 
 16.35  deadline in subdivision 2 or while the legislature is not in 
 16.36  session, and the availability of money from that source or for 
 17.1   that purpose or in that fiscal year could not reasonably have 
 17.2   been anticipated and included in the governor's budget request, 
 17.3   and an urgency requires that all or part of the money be 
 17.4   allotted before the legislature reconvenes or prior to the end 
 17.5   of the 20 day period specified in subdivision 2, it may be 
 17.6   allotted to a state agency after the requirements of subdivision 
 17.7   5 are met. 
 17.8      Sec. 7.  Minnesota Statutes 2000, section 3.3005, 
 17.9   subdivision 5, is amended to read: 
 17.10     Subd. 5.  [LEGISLATIVE ADVISORY COMMISSION REVIEW.] Federal 
 17.11  money that becomes available under subdivisions 3 and, 3a, 3b, 
 17.12  or 4 may be allotted after the commissioner of finance has 
 17.13  submitted the request to the members of the legislative advisory 
 17.14  commission for their review and recommendation for further 
 17.15  review.  If a recommendation is not made within ten days, no 
 17.16  further review by the legislative advisory commission is 
 17.17  required, and the commissioner shall approve or disapprove the 
 17.18  request.  If a recommendation by any member is for further 
 17.19  review the governor shall submit the request to the legislative 
 17.20  advisory commission for its review and recommendation.  Failure 
 17.21  or refusal of the commission to make a recommendation promptly 
 17.22  is a negative recommendation.  
 17.23     Sec. 8.  Minnesota Statutes 2000, section 3.3005, is 
 17.24  amended by adding a subdivision to read: 
 17.25     Subd. 6.  [INTERIM PROCEDURES; NONURGENCIES.] If federal 
 17.26  money becomes available to the state for expenditure after the 
 17.27  deadline in subdivision 2 or while the legislature is not in 
 17.28  session, and subdivision 4 does not apply, a request to expend 
 17.29  the federal money may be submitted by the commissioner of 
 17.30  finance to members of the legislative advisory commission for 
 17.31  their review and recommendation.  This request must be submitted 
 17.32  by October 1 of any year.  If any member of the commission makes 
 17.33  a negative recommendation or a recommendation for further review 
 17.34  on a request by October 20 of the same year, the commissioner 
 17.35  shall not approve expenditure of that federal money.  If a 
 17.36  request to expend federal money submitted under this subdivision 
 18.1   receives a negative recommendation or a recommendation for 
 18.2   further review, the request may be submitted again under 
 18.3   subdivision 2.  If the members of the commission make a positive 
 18.4   recommendation or no recommendation, the commissioner shall 
 18.5   approve or disapprove the request and the federal money may be 
 18.6   allotted for expenditure.  
 18.7      Sec. 9.  Minnesota Statutes 2000, section 3.305, is amended 
 18.8   by adding a subdivision to read: 
 18.9      Subd. 9.  [PUBLIC INFORMATION.] The legislative 
 18.10  coordinating commission shall establish an office to provide 
 18.11  information to the public about the legislature, including 
 18.12  legislative process and legislative proceedings, and to perform 
 18.13  related duties as assigned by the commission. 
 18.14     Sec. 10.  Minnesota Statutes 2000, section 3.305, is 
 18.15  amended by adding a subdivision to read: 
 18.16     Subd. 10.  [TELEVISION.] The legislative coordinating 
 18.17  commission shall establish an office to provide for television 
 18.18  production and transmission of legislative proceedings, and to 
 18.19  perform related duties as assigned by the commission. 
 18.20     Sec. 11.  [3.306] [MEETING TIMES.] 
 18.21     The house of representatives and the senate must adopt 
 18.22  rules that set one time as the regular hour of convening daily 
 18.23  sessions in both houses. 
 18.24     Sec. 12.  [3.3061] [JOINT STANDING COMMITTEES.] 
 18.25     The house of representatives and the senate must adopt 
 18.26  rules that establish a system of joint standing committees to 
 18.27  consider and report on legislation and conduct other legislative 
 18.28  business, except that each house may establish separately a 
 18.29  committee on rules and administration and a committee on ethics. 
 18.30     Sec. 13.  Minnesota Statutes 2000, section 3.855, 
 18.31  subdivision 3, is amended to read: 
 18.32     Subd. 3.  [OTHER SALARIES AND COMPENSATION PLANS.] The 
 18.33  commission shall also: 
 18.34     (1) review and approve, reject, or modify a plan for 
 18.35  compensation and terms and conditions of employment prepared and 
 18.36  submitted by the commissioner of employee relations under 
 19.1   section 43A.18, subdivision 2, covering all state employees who 
 19.2   are not represented by an exclusive bargaining representative 
 19.3   and whose compensation is not provided for by chapter 43A or 
 19.4   other law; 
 19.5      (2) review and approve, reject, or modify a plan for total 
 19.6   compensation and terms and conditions of employment for 
 19.7   employees in positions identified as being managerial under 
 19.8   section 43A.18, subdivision 3, whose salaries and benefits are 
 19.9   not otherwise provided for in law or other plans established 
 19.10  under chapter 43A; 
 19.11     (3) review and approve, reject, or modify recommendations 
 19.12  for salaries submitted by the governor or other appointing 
 19.13  authority under section 43A.18 15A.0815, subdivision 5, covering 
 19.14  agency head positions listed in section 15A.0815; 
 19.15     (4) review and approve, reject, or modify recommendations 
 19.16  for salaries of officials of higher education systems under 
 19.17  section 15A.081, subdivision subdivisions 7b and 7c; and 
 19.18     (5) review and approve, reject, or modify plans for 
 19.19  compensation, terms, and conditions of employment proposed under 
 19.20  section 43A.18, subdivisions 3a and 4. 
 19.21     Sec. 14.  Minnesota Statutes 2000, section 3.97, 
 19.22  subdivision 3a, is amended to read: 
 19.23     Subd. 3a.  [EVALUATION TOPICS.] (a) The commission shall 
 19.24  periodically select topics for the legislative auditor to 
 19.25  evaluate.  Topics may include any agency, program, or activity 
 19.26  established by law to achieve a state purpose, or any topic that 
 19.27  affects the operation of state government, but the commission 
 19.28  shall give primary consideration to topics that are likely, upon 
 19.29  examination, to produce recommendations for cost savings, 
 19.30  increased productivity, or the elimination of duplication among 
 19.31  public agencies.  Legislators and legislative committees may 
 19.32  suggest topics for evaluation, but the legislative auditor shall 
 19.33  only conduct evaluations approved by the commission. 
 19.34     (b) In selecting program evaluation topics for the auditor, 
 19.35  the commission must consider directing the auditor to conduct 
 19.36  limited topic scoping reviews at the request of individual 
 20.1   legislators.  Upon completion of the limited review, the 
 20.2   commission may direct the auditor to conduct a more complete 
 20.3   evaluation. 
 20.4      Sec. 15.  Minnesota Statutes 2000, section 3.979, is 
 20.5   amended by adding a subdivision to read: 
 20.6      Subd. 5.  [COMMISSIONER'S OPINION; LEGISLATIVE AUDITOR 
 20.7   ACCESS TO DATA.] If, after the commissioner of administration 
 20.8   issues an opinion under section 13.072 that a person requesting 
 20.9   access to data held by a state agency is entitled to that 
 20.10  access, the state agency continues to refuse to provide the data 
 20.11  or the person making the request is told that the data sought 
 20.12  does not exist, the legislative audit commission may instruct 
 20.13  the legislative auditor to review all state agency data related 
 20.14  to the request.  Following the review, the legislative auditor 
 20.15  shall provide all public data obtained, if any, to the 
 20.16  legislative audit commission. 
 20.17     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2001, 
 20.18  and applies to commissioner's opinions issued after that date. 
 20.19     Sec. 16.  Minnesota Statutes 2000, section 3.98, 
 20.20  subdivision 2, is amended to read: 
 20.21     Subd. 2.  [CONTENTS.] (a) The fiscal note, where possible, 
 20.22  shall:  (1) cite the effect in dollar amounts; (2) cite the 
 20.23  statutory provisions affected; (3) estimate the increase or 
 20.24  decrease in revenues or expenditures; (4) include the costs 
 20.25  which may be absorbed without additional funds; and (5) include 
 20.26  the assumptions used in determining the cost estimates; and (6) 
 20.27  specify any long-range implication.  
 20.28     (b) The fiscal note may comment on technical or mechanical 
 20.29  defects in the bill but shall express no opinions concerning the 
 20.30  merits of the proposal. 
 20.31     Sec. 17.  [3.99] [LEGISLATIVE COMMISSION ON METROPOLITAN 
 20.32  GOVERNMENT.] 
 20.33     Subdivision 1.  [ESTABLISHED.] The legislative commission 
 20.34  on metropolitan government is established to oversee the 
 20.35  metropolitan council's operating and capital budgets, work 
 20.36  program, and capital improvement program. 
 21.1      Subd. 2.  [MEMBERSHIP.] The commission consists of four 
 21.2   senators appointed by the senate subcommittee on committees of 
 21.3   the committee on rules and administration, three senators 
 21.4   appointed by the senate minority leader, four state 
 21.5   representatives appointed by the speaker of the house, and three 
 21.6   state representatives appointed by the house minority leader. 
 21.7   All members must reside in or represent a portion of the 
 21.8   seven-county metropolitan area.  The appointing authorities must 
 21.9   insure balanced geographic representation.  Each appointing 
 21.10  authority must make appointments as soon as possible after the 
 21.11  opening of the next regular session of the legislature in each 
 21.12  odd-numbered year. 
 21.13     Subd. 3.  [TERMS; VACANCIES.] Members of the commission 
 21.14  serve for a two-year term beginning upon appointment and 
 21.15  expiring upon appointment of a successor after the opening of 
 21.16  the next regular session of the legislature in the odd-numbered 
 21.17  year.  A vacancy in the membership of the commission must be 
 21.18  filled for the unexpired term in a manner that will preserve the 
 21.19  representation established by this section. 
 21.20     Subd. 4.  [CHAIR.] The commission must meet as soon as 
 21.21  practicable after members are appointed in each odd-numbered 
 21.22  year to elect its chair and other officers as it may determine 
 21.23  necessary.  A chair serves a two-year term, expiring in the 
 21.24  odd-numbered year after a successor is elected.  The chair must 
 21.25  alternate biennially between the senate and the house. 
 21.26     Subd. 5.  [COMPENSATION.] Members serve without 
 21.27  compensation but may be reimbursed for their reasonable expenses 
 21.28  as members of the legislature. 
 21.29     Subd. 6.  [STAFF.] Legislative staff must provide 
 21.30  administrative and research assistance to the commission. 
 21.31     Subd. 7.  [MEETINGS; PROCEDURES.] The commission meets at 
 21.32  the call of the chair.  If there is a quorum, the commission may 
 21.33  take action by a simple majority vote of commission members 
 21.34  present. 
 21.35     Subd. 8.  [POWERS; DUTIES; METROPOLITAN COUNCIL LEVY, 
 21.36  BUDGET OVERSIGHT.] The commission must monitor, review, and make 
 22.1   recommendations to the metropolitan council and to the 
 22.2   legislature for the following calendar year on: 
 22.3      (1) the tax rate and dollar amount of the metropolitan 
 22.4   council's property tax levies and any proposed increases in the 
 22.5   rate or dollar amount of tax; 
 22.6      (2) any request for an increase in the debt of the 
 22.7   metropolitan council; 
 22.8      (3) the overall work and role of the metropolitan council; 
 22.9      (4) the metropolitan council's proposed operating and 
 22.10  capital budgets, work program, and capital improvement program; 
 22.11  and 
 22.12     (5) the metropolitan council's implementation of the 
 22.13  operating and capital budgets, work program, and capital 
 22.14  improvement program. 
 22.15     Subd. 9.  [POWERS; DUTIES; METROPOLITAN COUNCIL 
 22.16  APPOINTMENTS OVERSIGHT.] The commission must monitor 
 22.17  appointments to the metropolitan council and may make 
 22.18  recommendations on appointments to the nominating committee 
 22.19  under section 473.123, subdivision 3, or to the governor before 
 22.20  the governor makes the appointments.  The commission may also 
 22.21  make recommendations to the senate before appointments are 
 22.22  presented to the senate for its advice and consent. 
 22.23     Sec. 18.  Minnesota Statutes 2000, section 4A.05, 
 22.24  subdivision 1, is amended to read: 
 22.25     Subdivision 1.  [PURPOSE.] The purpose of the land 
 22.26  management information center is to foster integration of land 
 22.27  use and environmental information and provide services in 
 22.28  computer mapping and graphics, environmental analysis, and small 
 22.29  systems development.  The director, through the center, shall 
 22.30  periodically study land use and natural resources on the basis 
 22.31  of county, regional, and other political subdivisions. 
 22.32     Sec. 19.  Minnesota Statutes 2000, section 4A.07, 
 22.33  subdivision 1, is amended to read: 
 22.34     Subdivision 1.  [DEFINITIONS.] (a) "Local unit of 
 22.35  government" means a county, statutory or home rule charter city, 
 22.36  town, or watershed district.  
 23.1      (b) "Sustainable development" means development that 
 23.2   maintains or enhances economic opportunity and community 
 23.3   well-being promotes and enhances the dynamic and adaptive nature 
 23.4   of communities while protecting and restoring the natural 
 23.5   environment upon which people and economies depend.  Sustainable 
 23.6   development meets the needs of the present and recognizes that 
 23.7   adaptation in response to economic changes can be achieved 
 23.8   without compromising the ability of future generations to meet 
 23.9   their own needs.  
 23.10     Sec. 20.  Minnesota Statutes 2000, section 4A.07, 
 23.11  subdivision 2, is amended to read: 
 23.12     Subd. 2.  [PLANNING GUIDE.] The office of strategic and 
 23.13  long-range planning must develop and publish a planning guide 
 23.14  for local units of government to plan for sustainable 
 23.15  development, based on the principles of sustainable development 
 23.16  adopted by the environmental quality board with advice of the 
 23.17  governor's round table on sustainable development land use 
 23.18  planning as stated in this section.  The office must make the 
 23.19  planning guide available to members of the public and to local 
 23.20  units of government within the state. 
 23.21     Sec. 21.  Minnesota Statutes 2000, section 4A.07, 
 23.22  subdivision 4, is amended to read: 
 23.23     Subd. 4.  [SPECIFICITY AND DISTRIBUTION.] The model 
 23.24  ordinance planning guide must specify the technical and 
 23.25  administrative procedures to guide sustainable development.  
 23.26  When adopted by a local unit of government, the model ordinance 
 23.27  is the minimum regulation to guide sustainable development that 
 23.28  may be adopted local units may use when developing land use 
 23.29  ordinances and controls.  Upon completion, the office of 
 23.30  strategic and long-range planning must notify local units of 
 23.31  government that the model ordinance planning guide is available, 
 23.32  and must distribute it to interested local units.  The director 
 23.33  must also make an electronic version of the planning guide 
 23.34  available on the Internet free of charge through the North Star 
 23.35  information service. 
 23.36     Sec. 22.  Minnesota Statutes 2000, section 4A.07, 
 24.1   subdivision 5, is amended to read: 
 24.2      Subd. 5.  [PERIODIC REVIEW.] At least once every five 
 24.3   years, the planning office must review the model ordinance 
 24.4   planning guide and its use with local units of government to 
 24.5   ensure its continued applicability and relevance. 
 24.6      Sec. 23.  Minnesota Statutes 2000, section 4A.08, is 
 24.7   amended to read: 
 24.8      4A.08 [COMMUNITY-BASED SUSTAINABLE LAND USE PLANNING 
 24.9   GOALS.] 
 24.10     Subdivision 1.  [GOALS.] The goals of community-based 
 24.11  sustainable land use planning are: 
 24.12     (1)  [CITIZEN RESIDENT PARTICIPATION.] To develop a 
 24.13  community-based local planning process with broad citizen 
 24.14  participation in order to build local capacity to plan for 
 24.15  sustainable development and to benefit from the insights, 
 24.16  knowledge, and support of local residents built upon input from 
 24.17  members of the community.  The plans should ensure that land use 
 24.18  controls remain flexible in order to accommodate consumer-driven 
 24.19  changes in land use.  The process must should include at least 
 24.20  one citizen from local residents and area businesses, including 
 24.21  land development professionals, and representatives from each 
 24.22  affected unit of local government; 
 24.23     (2)  [COOPERATION.] To promote cooperation among 
 24.24  communities to work towards the most efficient, planned, and 
 24.25  cost-effective delivery of government services by, among other 
 24.26  means, facilitating cooperative agreements among adjacent 
 24.27  communities and to coordinate planning to ensure compatibility 
 24.28  of one community's development with development of neighboring 
 24.29  communities; 
 24.30     (3)  [ECONOMIC DEVELOPMENT.] To create sustainable economic 
 24.31  development strategies and provide economic opportunities 
 24.32  throughout the state that will achieve a balanced distribution 
 24.33  of growth statewide; 
 24.34     (4)  [CONSERVATION.] To protect, preserve, and enhance the 
 24.35  state's natural resources, including agricultural land, forests, 
 24.36  surface water and groundwater, recreation and open space, scenic 
 25.1   areas, and significant historic and archaeological sites; 
 25.2      (5)  [LIVABLE COMMUNITY DESIGN.] To strengthen communities 
 25.3   by following the principles of livable community design in 
 25.4   development and redevelopment, including integration of all 
 25.5   income and age groups, mixed land uses and compact development, 
 25.6   affordable and life-cycle housing, green spaces, access to 
 25.7   public transit, bicycle and pedestrian ways, and enhanced 
 25.8   aesthetics and beauty in public spaces; 
 25.9      (6)  [HOUSING.] To provide and preserve an adequate supply 
 25.10  of affordable and life-cycle housing throughout the state; 
 25.11     (7)  [TRANSPORTATION.] To focus on the movement of people 
 25.12  and goods, rather than on the movement of automobiles, in 
 25.13  transportation planning, and to maximize the efficient use of 
 25.14  the transportation infrastructure by increasing the availability 
 25.15  and use of appropriate public transit throughout the state 
 25.16  through land-use planning and design that makes public transit 
 25.17  economically viable and desirable; 
 25.18     (8)  [LAND-USE PLANNING.] To establish a community-based 
 25.19  framework as a basis for all decisions and actions related to 
 25.20  land use; 
 25.21     (9)  [PUBLIC INVESTMENTS.] To account for the full 
 25.22  environmental, social, and economic costs of new development, 
 25.23  including infrastructure costs such as transportation, sewers 
 25.24  and wastewater treatment, water, schools, recreation, and open 
 25.25  space, and plan the funding mechanisms necessary to cover the 
 25.26  costs of the infrastructure; 
 25.27     (10)  [PUBLIC EDUCATION.] To support research and public 
 25.28  education on a community's and the state's finite capacity to 
 25.29  accommodate growth, and the need for planning and resource 
 25.30  management that will sustain growth; and 
 25.31     (11)  [SUSTAINABLE DEVELOPMENT.] To provide a better 
 25.32  quality of life for all residents while maintaining nature's 
 25.33  ability to function over time by minimizing waste, preventing 
 25.34  pollution, promoting efficiency, and developing local resources 
 25.35  to revitalize the local economy. 
 25.36     (4)  [PRESERVE LOCAL AUTONOMY.] To avoid prescriptive, 
 26.1   centralized plans that attempt to determine the detailed outcome 
 26.2   of community form and function.  Such "comprehensive" plans 
 26.3   interfere with the dynamic and adaptive nature of communities; 
 26.4      (5)  [ACCOMMODATE RESIDENT CHOICES.] To allow population 
 26.5   densities and land uses that are community driven and avoid 
 26.6   inflexible, centrally directed land use decisions that may 
 26.7   result in unforeseen consequences; 
 26.8      (6)  [PRESERVE PROPERTY RIGHTS.] To incorporate private 
 26.9   property rights in local planning procedures as a fundamental 
 26.10  element of both economic development and environmental 
 26.11  protection.  Problems of incompatible or conflicting land uses 
 26.12  are better resolved through the common law principles of 
 26.13  nuisance than through zoning regulations which tend to be rigid 
 26.14  and inefficient; 
 26.15     (7)  [PAY AS YOU GROW.] To evaluate sustainable land use 
 26.16  plans and other local growth management policies according to 
 26.17  their cost of living and burden-shifting effects.  Urban growth 
 26.18  boundaries, minimum lot sizes, population density ratios, 
 26.19  restrictions on housing development, restrictions on commercial 
 26.20  development, and other limits on freely functioning land markets 
 26.21  increase burdens on lower income groups and should be avoided; 
 26.22  and 
 26.23     (8)  [DIVERSE PERSPECTIVES.] To develop sustainable land 
 26.24  use plans that are based on comprehensive research as well as 
 26.25  citizen preferences is crucial to the continued progress of 
 26.26  local communities. 
 26.27     Subd. 2.  [CONSISTENCY WITH GOALS.] State agencies must 
 26.28  ensure to the greatest extent possible that their objectives, 
 26.29  plans, and programs are not in conflict with the sustainable 
 26.30  land use planning goals in subdivision 1. 
 26.31     Sec. 24.  Minnesota Statutes 2000, section 4A.09, is 
 26.32  amended to read: 
 26.33     4A.09 [TECHNICAL ASSISTANCE.] 
 26.34     The office shall provide local governments technical and 
 26.35  financial assistance in preparing their comprehensive 
 26.36  sustainable land use plans to that meet the community-based 
 27.1   planning goals in section 4A.08.  
 27.2      Sec. 25.  Minnesota Statutes 2000, section 4A.10, is 
 27.3   amended to read: 
 27.4      4A.10 [PLAN REVIEW AND COMMENT.] 
 27.5      The office of strategic and long-range planning shall, over 
 27.6   time, compile and review and comment on community-based 
 27.7   comprehensive all local land use plans prepared by being 
 27.8   developed or currently in effect for counties, including the 
 27.9   community-based comprehensive plans of municipalities, and towns 
 27.10  that are incorporated into a county's plan, as required in 
 27.11  section 394.232, subdivision 3.  The purpose of this review is 
 27.12  to determine the extent to which local land use plans conform 
 27.13  with section 4A.08.  Local units must provide copies of their 
 27.14  completed plans or draft plans to the office as requested.  The 
 27.15  director must insure that this review does not interfere with 
 27.16  the office's responsibility to provide planning assistance. 
 27.17     Sec. 26.  [4A.11] [PLANNING ASSISTANCE.] 
 27.18     Subdivision 1.  [DEFINITION.] "Planning assistance" means 
 27.19  but is not limited to:  guidance documents to aid local units of 
 27.20  government in compiling agreements, ordinances, and 
 27.21  organizational structures for the planning process, capital 
 27.22  improvement planning, housing, economic development, and public 
 27.23  participation; coordination of state agency involvement in local 
 27.24  sustainable planning, including identification of regional areas 
 27.25  that are owned, leased or otherwise controlled by the state; 
 27.26  application of geographical information systems and other 
 27.27  technology; and population projections, estimates, and other 
 27.28  available data including soils, geology, natural areas, and 
 27.29  other physical data. 
 27.30     Subd. 2.  [MINNESOTA PLANNING TO PROVIDE ASSISTANCE.] The 
 27.31  office of strategic and long-range planning shall provide 
 27.32  planning assistance to local units of government, including 
 27.33  assistance to meet the planning goals in section 4A.08.  The 
 27.34  office shall provide technical assistance and review and comment 
 27.35  on land use plans prepared by counties, municipalities, and 
 27.36  towns, and it may not withhold assistance from local governments 
 28.1   that chose to deviate from recommendations offered by the 
 28.2   office.  The office shall place a priority on requests for 
 28.3   assistance from townships and small cities. 
 28.4      Sec. 27.  [5.075] [SECRETARY OF STATE REVOLVING FUND.] 
 28.5      Notwithstanding other law to the contrary, all fees and 
 28.6   other revenue received by the secretary of state, other than 
 28.7   fees related to election duties, must be deposited in a 
 28.8   secretary of state revolving fund.  Money in the fund is 
 28.9   continuously appropriated to the secretary of state. 
 28.10     Sec. 28.  [6.025] [STATE AUDITOR REVOLVING FUND.] 
 28.11     All revenue from billings and other fees received by the 
 28.12  state auditor must be deposited in a state auditor revolving 
 28.13  fund.  Money in the fund is continuously appropriated to the 
 28.14  state auditor. 
 28.15     Sec. 29.  Minnesota Statutes 2000, section 6.48, is amended 
 28.16  to read: 
 28.17     6.48 [EXAMINATION OF COUNTIES; COST, FEES.] 
 28.18     All the powers and duties conferred and imposed upon the 
 28.19  state auditor shall be exercised and performed by the state 
 28.20  auditor in respect to the offices, institutions, public 
 28.21  property, and improvements of several counties of the state.  At 
 28.22  least once in each year, if funds and personnel permit, the 
 28.23  state auditor shall visit, without previous notice, each county 
 28.24  and make a thorough examination of all accounts and records 
 28.25  relating to the receipt and disbursement of the public funds and 
 28.26  the custody of the public funds, including the game and fish 
 28.27  funds, and other property.  The state auditor shall prescribe 
 28.28  and install systems of accounts and financial reports that shall 
 28.29  be uniform, so far as practicable, for the same class of 
 28.30  offices.  A copy of the report of such examination shall be 
 28.31  filed and be subject to public inspection in the office of the 
 28.32  state auditor and another copy in the office of the auditor of 
 28.33  the county thus examined.  The state auditor may accept the 
 28.34  records and audit, or any part thereof, of the department of 
 28.35  human services in lieu of examination of the county social 
 28.36  welfare funds, if such audit has been made within any period 
 29.1   covered by the state auditor's audit of the other records of the 
 29.2   county.  If any such examination shall disclose malfeasance, 
 29.3   misfeasance, or nonfeasance in any office of such county, such 
 29.4   report shall be filed with the county attorney of the county, 
 29.5   and the county attorney shall institute such civil and criminal 
 29.6   proceedings as the law and the protection of the public 
 29.7   interests shall require.  
 29.8      The county receiving such examination, and the division of 
 29.9   game and fish of the department of natural resources of the 
 29.10  state of Minnesota, in the case of the examination of the game 
 29.11  and fish funds, shall pay to the state general auditor revolving 
 29.12  fund, notwithstanding the provisions of section 16A.125, the 
 29.13  total cost and expenses of such examinations, including the 
 29.14  salaries paid to the examiners while actually engaged in making 
 29.15  such examination.  The state auditor on deeming it advisable may 
 29.16  bill counties, having a population of 200,000 or over, monthly 
 29.17  for services rendered and the officials responsible for 
 29.18  approving and paying claims shall cause said bill to be promptly 
 29.19  paid.  The general state auditor revolving fund shall be 
 29.20  credited with all collections made for any such examinations.  
 29.21     Sec. 30.  Minnesota Statutes 2000, section 6.56, 
 29.22  subdivision 2, is amended to read: 
 29.23     Subd. 2.  [BILLINGS BY STATE AUDITOR.] Upon the examination 
 29.24  of the books, records, accounts, and affairs of any political 
 29.25  subdivision, as provided by law, such political subdivision 
 29.26  shall be liable to the state for the total cost and expenses of 
 29.27  such examination, including the salaries paid to the examiners 
 29.28  while actually engaged in making such examination.  The state 
 29.29  auditor may bill such political subdivision monthly for service 
 29.30  rendered and the officials responsible for approving and paying 
 29.31  claims are authorized to pay said bill promptly.  Said payments 
 29.32  shall be without prejudice to any defense against said claims 
 29.33  that may exist or be asserted.  The general state auditor 
 29.34  revolving fund shall be credited with all collections made for 
 29.35  any such examinations, including interest payments made pursuant 
 29.36  to subdivision 3.  
 30.1      Sec. 31.  Minnesota Statutes 2000, section 6.58, is amended 
 30.2   to read: 
 30.3      6.58 [GENERAL FUND.] 
 30.4      The general state auditor revolving fund shall be used to 
 30.5   provide personnel, pay other expenses, and for the acquisition 
 30.6   of equipment used in connection with reimbursable examinations 
 30.7   and other duties pursuant to law.  When full-time personnel are 
 30.8   not available, the state auditor may contract with private 
 30.9   persons, firms, or corporations for accounting and other 
 30.10  technical services.  Notwithstanding any law to the contrary, 
 30.11  the acquisition of equipment may include duplicating equipment 
 30.12  to be used in producing the reports issued by the department.  
 30.13  All receipts from such reimbursable examinations shall be 
 30.14  deposited in the general fund.  The state auditor is directed to 
 30.15  adjust the schedule of charges for such examinations to provide 
 30.16  that such charges shall be sufficient to cover all costs of such 
 30.17  examinations and that the aggregate charges collected shall be 
 30.18  sufficient to pay all salaries and other expenses including 
 30.19  charges for the use of the equipment used in connection with 
 30.20  such reimbursable examinations and including the cost of 
 30.21  contracting for accounting and other technical services.  The 
 30.22  schedule of charges shall be based upon an estimate of the cost 
 30.23  of performing reimbursable examinations including, but not 
 30.24  limited to, salaries, office overhead, equipment, authorized 
 30.25  contracts, and other expenses.  The state auditor may allocate a 
 30.26  proportionate part of the total costs to an hourly or daily 
 30.27  charge for each person or class of persons engaged in the 
 30.28  performance of an examination.  The schedule of charges shall 
 30.29  reflect an equitable charge for the expenses incurred in the 
 30.30  performance of any given examination.  The state auditor shall 
 30.31  review and adjust the schedule of charges for such examinations 
 30.32  at least annually and have all schedules of charges approved by 
 30.33  the commissioner of finance before they are adopted so as to 
 30.34  ensure that the amount collected shall be sufficient to pay all 
 30.35  the costs connected with such examinations during the fiscal 
 30.36  year. 
 31.1      Sec. 32.  Minnesota Statutes 2000, section 7.09, 
 31.2   subdivision 1, is amended to read: 
 31.3      Subdivision 1.  [PROCEDURE.] The state treasurer is 
 31.4   authorized to receive and accept, on behalf of the state, any 
 31.5   gift, bequest, devise, or endowment which may be made by any 
 31.6   person, by will, deed, gift, or otherwise, to or for the benefit 
 31.7   of the state, or any of its departments or agencies, or to or in 
 31.8   aid, or for the benefit, support, or maintenance of any 
 31.9   educational, charitable, or other institution maintained in 
 31.10  whole or in part by the state, or for the benefit of students, 
 31.11  employees, or inmates thereof, or for any proper state purpose 
 31.12  or function, and the money, property, or funds constituting such 
 31.13  gift, bequest, devise, or endowment.  No such gift, bequest, 
 31.14  devise, or endowment whose value is equal to or exceeds $10,000 
 31.15  shall be so accepted unless the commissioner of finance and the 
 31.16  state treasurer determine determines that it is for the interest 
 31.17  of the state to accept it, and approve of and direct the 
 31.18  acceptance.  If the value is less than $10,000, only the state 
 31.19  treasurer need determine that it is for the interest of the 
 31.20  state to accept it, and approve of and direct the 
 31.21  acceptance.  If a gift, bequest, devise, or endowment is money 
 31.22  or other negotiable instruments, then the deposit of it does not 
 31.23  constitute acceptance.  In the event that the money or other 
 31.24  negotiable instruments are deposited but not approved, the 
 31.25  amount deposited must be refunded.  When, in order to effect the 
 31.26  purpose for which any gift, bequest, devise, or endowment has 
 31.27  been accepted, it is necessary to sell property so received, the 
 31.28  state treasurer, upon request of the authority in charge of the 
 31.29  agency, department, or institution concerned, may sell it at a 
 31.30  price which shall be fixed by the state board of investment. 
 31.31     Sec. 33.  Minnesota Statutes 2000, section 10A.01, 
 31.32  subdivision 21, is amended to read: 
 31.33     Subd. 21.  [LOBBYIST.] (a) "Lobbyist" means an individual: 
 31.34     (1) engaged for pay or other consideration, or authorized 
 31.35  to spend money by another individual, association, political 
 31.36  subdivision, or public higher education system, who spends more 
 32.1   than five hours in any month or more than $250, not including 
 32.2   the individual's own travel expenses and membership dues, in any 
 32.3   year, for the purpose of attempting to influence legislative or 
 32.4   administrative action, or the official action of a metropolitan 
 32.5   governmental unit, by communicating or urging others to 
 32.6   communicate with public or local officials; or 
 32.7      (2) who spends more than $250, not including the 
 32.8   individual's own traveling expenses and membership dues, in any 
 32.9   year for the purpose of attempting to influence legislative or 
 32.10  administrative action, or the official action of a metropolitan 
 32.11  governmental unit, by communicating or urging others to 
 32.12  communicate with public or local officials. 
 32.13     (b) "Lobbyist" does not include: 
 32.14     (1) a public official; 
 32.15     (2) an employee of the state, including an employee of any 
 32.16  of the public higher education systems; 
 32.17     (3) an elected local official; 
 32.18     (4) a nonelected local official or an employee of a 
 32.19  political subdivision acting in an official capacity, unless the 
 32.20  nonelected official or employee of a political subdivision 
 32.21  spends more than 50 five hours in any month attempting to 
 32.22  influence legislative or administrative action, or the official 
 32.23  action of a metropolitan governmental unit other than the 
 32.24  political subdivision employing the official or employee, by 
 32.25  communicating or urging others to communicate with public or 
 32.26  local officials, including time spent monitoring legislative or 
 32.27  administrative action, or the official action of a metropolitan 
 32.28  governmental unit, and related research, analysis, and 
 32.29  compilation and dissemination of information relating to 
 32.30  legislative or administrative policy in this state, or to the 
 32.31  policies of metropolitan governmental units; 
 32.32     (5) a party or the party's representative appearing in a 
 32.33  proceeding before a state board, commission, or agency of the 
 32.34  executive branch unless the board, commission, or agency is 
 32.35  taking administrative action; 
 32.36     (6) an individual while engaged in selling goods or 
 33.1   services to be paid for by public funds; 
 33.2      (7) a news medium or its employees or agents while engaged 
 33.3   in the publishing or broadcasting of news items, editorial 
 33.4   comments, or paid advertisements which directly or indirectly 
 33.5   urge official action; 
 33.6      (8) a paid expert witness whose testimony is requested by 
 33.7   the body before which the witness is appearing, but only to the 
 33.8   extent of preparing or delivering testimony; or 
 33.9      (9) a party or the party's representative appearing to 
 33.10  present a claim to the legislature and communicating to 
 33.11  legislators only by the filing of a claim form and supporting 
 33.12  documents and by appearing at public hearings on the claim.  
 33.13     Sec. 34.  Minnesota Statutes 2000, section 11A.075, is 
 33.14  amended to read: 
 33.15     11A.075 [DISCLOSURE OF EXPENSE REIMBURSEMENT.] 
 33.16     (a) A member or employee of the state board must annually 
 33.17  disclose expenses paid for or reimbursed by:  (1) each 
 33.18  investment advisor, consultant, or outside money manager under 
 33.19  contract to the state board; (2) each investment advisor, 
 33.20  consultant, or outside money manager that has bid on a contract 
 33.21  offered by the state board during that year; and (3) each 
 33.22  business, including officers or employees of the business, in 
 33.23  which the state board has invested money under the board's 
 33.24  control during the annual reporting period.  The disclosure 
 33.25  requirement of this paragraph does not apply to expenses or 
 33.26  reimbursements from an investment advisor, consultant, money 
 33.27  manager or business if the board member or employee received 
 33.28  less than $50 during the annual reporting period from that 
 33.29  person or entity. 
 33.30     (b) For purposes of this section, expenses include payments 
 33.31  or reimbursements for meals, entertainment, transportation, 
 33.32  lodging, and seminars. 
 33.33     (c) A member of the state board must disclose any contract 
 33.34  or other arrangement under which the member will perform 
 33.35  services for compensation as a consultant, employee, or 
 33.36  independent contractor for a person or entity other than the 
 34.1   state.  The disclosure must include the person or entity for 
 34.2   whom services will be performed, the duration of the 
 34.3   arrangement, and the compensation that the member of the state 
 34.4   board will receive under the arrangement.  The disclosure must 
 34.5   be made to the campaign finance and public disclosure board on a 
 34.6   form provided by the board.  Disclosure must be made before the 
 34.7   member begins to perform the services, or within 30 days after 
 34.8   the member agrees to perform the services, whichever is sooner.  
 34.9      (d) The disclosure required by this section paragraph (a) 
 34.10  must be filed with the campaign finance and public disclosure 
 34.11  board by April 15 each year.  Each disclosure report must cover 
 34.12  the previous calendar year.  The statement must be on a form 
 34.13  provided by the campaign finance and public disclosure board.  
 34.14  An individual who fails to file the form required by this 
 34.15  section or who files false information, is subject to penalties 
 34.16  specified in sections 10A.09 and 10A.025, subdivision 2. 
 34.17     Sec. 35.  Minnesota Statutes 2000, section 15.059, 
 34.18  subdivision 5a, is amended to read: 
 34.19     Subd. 5a.  [LATER EXPIRATION.] Notwithstanding subdivision 
 34.20  5, the advisory councils and committees listed in this 
 34.21  subdivision do not expire June 30, 1997.  These groups expire 
 34.22  June 30, 2001, unless the law creating the group or this 
 34.23  subdivision specifies an earlier expiration date. 
 34.24     Investment advisory council, created in section 11A.08; 
 34.25     Intergovernmental information systems advisory council, 
 34.26  created in section 16B.42, expires June 30, 1999; 
 34.27     Feedlot and manure management advisory committee, created 
 34.28  in section 17.136; 
 34.29     Aquaculture advisory committee, created in section 17.49; 
 34.30     Dairy producers board, created in section 17.76; 
 34.31     Pesticide applicator education and examination review 
 34.32  board, created in section 18B.305; 
 34.33     Advisory seed potato certification task force, created in 
 34.34  section 21.112; 
 34.35     Food safety advisory committee, created in section 28A.20; 
 34.36     Minnesota organic advisory task force, created in section 
 35.1   31.95; 
 35.2      Public programs risk adjustment work group, created in 
 35.3   section 62Q.03; 
 35.4      Workers' compensation self-insurers' advisory committee, 
 35.5   created in section 79A.02; 
 35.6      Youth corps advisory committee, created in section 84.0887; 
 35.7      Iron range off-highway vehicle advisory committee, created 
 35.8   in section 85.013; 
 35.9      Mineral coordinating committee, created in section 93.002; 
 35.10     Game and fish fund citizen advisory committees, created in 
 35.11  section 97A.055; 
 35.12     Wetland heritage advisory committee, created in section 
 35.13  103G.2242; 
 35.14     Wastewater treatment technical advisory committee, created 
 35.15  in section 115.54; 
 35.16     Solid waste management advisory council, created in section 
 35.17  115A.12; 
 35.18     Nuclear waste council, created in section 116C.711; 
 35.19     Genetically engineered organism advisory committee, created 
 35.20  in section 116C.93; 
 35.21     Environment and natural resources trust fund advisory 
 35.22  committee, created in section 116P.06; 
 35.23     Child abuse prevention advisory council, created in section 
 35.24  119A.13; 
 35.25     Chemical abuse and violence prevention council, created in 
 35.26  section 119A.293; 
 35.27     Youth neighborhood centers advisory board, created in 
 35.28  section 119A.295; 
 35.29     Interagency coordinating council, created in section 
 35.30  125A.28, expires June 30, 1999; 
 35.31     Desegregation/integration advisory board, created in 
 35.32  section 124D.892; 
 35.33     Nonpublic education council, created in section 123B.445; 
 35.34     Permanent school fund advisory committee, created in 
 35.35  section 127A.30; 
 35.36     Indian scholarship committee, created in section 124D.84, 
 36.1   subdivision 2; 
 36.2      American Indian education committees, created in section 
 36.3   124D.80; 
 36.4      Summer scholarship advisory committee, created in section 
 36.5   124D.95; 
 36.6      Multicultural education advisory committee, created in 
 36.7   section 124D.894; 
 36.8      Male responsibility and fathering grants review committee, 
 36.9   created in section 124D.33; 
 36.10     Library for the blind and physically handicapped advisory 
 36.11  committee, created in section 134.31; 
 36.12     Higher education advisory council, created in section 
 36.13  136A.031; 
 36.14     Student advisory council, created in section 136A.031; 
 36.15     Cancer surveillance advisory committee, created in section 
 36.16  144.672; 
 36.17     Maternal and child health task force, created in section 
 36.18  145.881; 
 36.19     State community health advisory committee, created in 
 36.20  section 145A.10; 
 36.21     Mississippi River Parkway commission, created in section 
 36.22  161.1419; 
 36.23     School bus safety advisory committee, created in section 
 36.24  169.435; 
 36.25     Advisory council on workers' compensation, created in 
 36.26  section 175.007; 
 36.27     Code enforcement advisory council, created in section 
 36.28  175.008; 
 36.29     Medical services review board, created in section 176.103; 
 36.30     Apprenticeship advisory council, created in section 178.02; 
 36.31     OSHA advisory council, created in section 182.656; 
 36.32     Health professionals services program advisory committee, 
 36.33  created in section 214.32; 
 36.34     Rehabilitation advisory council for the blind, created in 
 36.35  section 248.10; 
 36.36     American Indian advisory council, created in section 
 37.1   254A.035; 
 37.2      Alcohol and other drug abuse advisory council, created in 
 37.3   section 254A.04; 
 37.4      Medical assistance drug formulary committee, created in 
 37.5   section 256B.0625; 
 37.6      Home care advisory committee, created in section 256B.071; 
 37.7      Preadmission screening, alternative care, and home and 
 37.8   community-based services advisory committee, created in section 
 37.9   256B.0911; 
 37.10     Traumatic brain injury advisory committee, created in 
 37.11  section 256B.093; 
 37.12     Minnesota commission serving deaf and hard-of-hearing 
 37.13  people, created in section 256C.28; 
 37.14     American Indian child welfare advisory council, created in 
 37.15  section 260.835; 
 37.16     Juvenile justice advisory committee, created in section 
 37.17  268.29; 
 37.18     Northeast Minnesota economic development fund technical 
 37.19  advisory committees, created in section 298.2213; 
 37.20     Iron range higher education committee, created in section 
 37.21  298.2214; 
 37.22     Northeast Minnesota economic protection trust fund 
 37.23  technical advisory committee, created in section 298.297; 
 37.24     Advisory council on battered women and domestic abuse, 
 37.25  created in section 611A.34. 
 37.26     Sec. 36.  Minnesota Statutes 2000, section 15.50, 
 37.27  subdivision 2, is amended to read: 
 37.28     Subd. 2.  [CAPITOL AREA PLAN.] (a) The board shall prepare, 
 37.29  prescribe, and from time to time, after a public hearing, amend 
 37.30  a comprehensive use plan for the capitol area, called the area 
 37.31  in this subdivision, which consists of that portion of the city 
 37.32  of Saint Paul comprehended within the following boundaries:  
 37.33  Beginning at the point of intersection of the center line of the 
 37.34  Arch-Pennsylvania freeway and the center line of Marion Street, 
 37.35  thence southerly along the center line of Marion Street extended 
 37.36  to a point 50 feet south of the south line of Concordia Avenue, 
 38.1   thence southeasterly along a line extending 50 feet from the 
 38.2   south line of Concordia Avenue to a point 125 feet from the west 
 38.3   line of John Ireland Boulevard, thence southwesterly along a 
 38.4   line extending 125 feet from the west line of John Ireland 
 38.5   Boulevard to the south line of Dayton Avenue, thence 
 38.6   northeasterly from the south line of Dayton Avenue to the west 
 38.7   line of John Ireland Boulevard, thence northeasterly to the 
 38.8   center line of the intersection of Old Kellogg Boulevard and 
 38.9   Summit Avenue, thence northeasterly along the center line of 
 38.10  Summit Avenue to the center line of the new West Kellogg 
 38.11  Boulevard, thence southerly along the east line of the new West 
 38.12  Kellogg Boulevard, to the center line of West Seventh Street, 
 38.13  thence northeasterly along the center line of West Seventh 
 38.14  Street to the center line of the Fifth Street ramp, thence 
 38.15  northwesterly along the center line of the Fifth Street ramp to 
 38.16  the east line of the right-of-way of Interstate Highway 35-E, 
 38.17  thence northeasterly along the east line of the right-of-way of 
 38.18  Interstate Highway 35-E to the south line of the right-of-way of 
 38.19  Interstate Highway 94, thence easterly along the south line of 
 38.20  the right-of-way of Interstate Highway 94 to the west line of 
 38.21  St. Peter Street, thence southerly to the south line of Exchange 
 38.22  Street, thence easterly along the south line of Exchange Street 
 38.23  to the west line of Cedar Street, thence northerly along the 
 38.24  west line of Cedar Street to the center line of Tenth Street, 
 38.25  thence northeasterly along the center line of Tenth Street to 
 38.26  the center line of Minnesota Street, thence northwesterly along 
 38.27  the center line of Minnesota Street to the center line of 
 38.28  Eleventh Street, thence northeasterly along the center line of 
 38.29  Eleventh Street to the center line of Jackson Street, thence 
 38.30  northwesterly along the center line of Jackson Street to the 
 38.31  center line of the Arch-Pennsylvania freeway extended, thence 
 38.32  westerly along the center line of the Arch-Pennsylvania freeway 
 38.33  extended and Marion Street to the point of origin.  
 38.34     Under the comprehensive plan, or a portion of it, the board 
 38.35  may regulate, by means of zoning rules adopted under the 
 38.36  Administrative Procedure Act, the kind, character, height, and 
 39.1   location, of buildings and other structures constructed or used, 
 39.2   the size of yards and open spaces, the percentage of lots that 
 39.3   may be occupied, and the uses of land, buildings and other 
 39.4   structures, within the area.  To protect and enhance the 
 39.5   dignity, beauty, and architectural integrity of the capitol 
 39.6   area, the board is further empowered to include in its zoning 
 39.7   rules design review procedures and standards with respect to any 
 39.8   proposed construction activities in the capitol area 
 39.9   significantly affecting the dignity, beauty, and architectural 
 39.10  integrity of the area.  No person may undertake these 
 39.11  construction activities as defined in the board's rules in the 
 39.12  capitol area without first submitting construction plans to the 
 39.13  board, obtaining a zoning permit from the board, and receiving a 
 39.14  written certification from the board specifying that the person 
 39.15  has complied with all design review procedures and standards.  
 39.16  Violation of the zoning rules is a misdemeanor.  The board may, 
 39.17  at its option, proceed to abate any violation by injunction.  
 39.18  The board and the city of Saint Paul shall cooperate in assuring 
 39.19  that the area adjacent to the capitol area is developed in a 
 39.20  manner that is in keeping with the purpose of the board and the 
 39.21  provisions of the comprehensive plan.  
 39.22     (b) The commissioner of administration shall act as a 
 39.23  consultant to the board with regard to the physical structural 
 39.24  needs of the state.  The commissioner shall make studies and 
 39.25  report the results to the board when it requests reports for its 
 39.26  planning purpose.  
 39.27     (c) No public building, street, parking lot, or monument, 
 39.28  or other construction may be built or altered on any public 
 39.29  lands within the area unless the plans for the project conform 
 39.30  to the comprehensive use plan as specified in paragraph (d) and 
 39.31  to the requirement for competitive plans as specified in 
 39.32  paragraph (e).  No alteration substantially changing the 
 39.33  external appearance of any existing public building approved in 
 39.34  the comprehensive plan or the exterior or interior design of any 
 39.35  proposed new public building the plans for which were secured by 
 39.36  competition under paragraph (e) may be made without the prior 
 40.1   consent of the board.  The commissioner of administration shall 
 40.2   consult with the board regarding internal changes having the 
 40.3   effect of substantially altering the architecture of the 
 40.4   interior of any proposed building.  
 40.5      (d) The comprehensive plan must show the existing land uses 
 40.6   and recommend future uses including:  areas for public taking 
 40.7   and use; zoning for private land and criteria for development of 
 40.8   public land, including building areas, open spaces, monuments, 
 40.9   and other memorials; vehicular and pedestrian circulation; 
 40.10  utilities systems; vehicular storage; elements of landscape 
 40.11  architecture.  No substantial alteration or improvement may be 
 40.12  made to public lands or buildings in the area without the 
 40.13  written approval of the board.  
 40.14     (e) The board shall secure by competitions plans for any 
 40.15  new public building.  Plans for any comprehensive plan, 
 40.16  landscaping scheme, street plan, or property acquisition that 
 40.17  may be proposed, or for any proposed alteration of any existing 
 40.18  public building, landscaping scheme or street plan may be 
 40.19  secured by a similar competition.  A competition must be 
 40.20  conducted under rules prescribed by the board and may be of any 
 40.21  type which meets the competition standards of the American 
 40.22  Institute of Architects.  Designs selected become the property 
 40.23  of the state of Minnesota, and the board may award one or more 
 40.24  premiums in each competition and may pay the costs and fees that 
 40.25  may be required for its conduct.  At the option of the board, 
 40.26  plans for projects estimated to cost less than $1,000,000 may be 
 40.27  approved without competition provided the plans have been 
 40.28  considered by the advisory committee described in paragraph 
 40.29  (h).  Plans for projects estimated to cost less than $400,000 
 40.30  and for construction of streets need not be considered by the 
 40.31  advisory committee if in conformity with the comprehensive plan. 
 40.32     (f) Notwithstanding paragraph (e), an architectural 
 40.33  competition is not required for the design of any light rail 
 40.34  transit station and alignment within the capitol area.  The 
 40.35  board and its advisory committee shall select a preliminary 
 40.36  design for any transit station in the capitol area.  Each stage 
 41.1   of any station's design through working drawings must be 
 41.2   reviewed by the board's advisory committee and approved by the 
 41.3   board to ensure that the station's design is compatible with the 
 41.4   comprehensive plan for the capitol area and the board's design 
 41.5   criteria.  The guideway and track design of any light rail 
 41.6   transit alignment within the capitol area must also be reviewed 
 41.7   by the board's advisory committee and approved by the board. 
 41.8      (g) Of the amount available for the light rail transit 
 41.9   design, adequate funds must be available to the board for design 
 41.10  framework studies and review of preliminary plans for light rail 
 41.11  transit alignment and stations in the capitol area. 
 41.12     (h) The board may not adopt any plan under paragraph (e) 
 41.13  unless it first receives the comments and criticism of an 
 41.14  advisory committee of three persons, each of whom is either an 
 41.15  architect or a planner, who have been selected and appointed as 
 41.16  follows:  one by the board of the arts, one by the board, and 
 41.17  one by the Minnesota Society of the American Institute of 
 41.18  Architects.  Members of the committee may not be contestants 
 41.19  under paragraph (e).  The comments and criticism must be a 
 41.20  matter of public information.  The committee shall advise the 
 41.21  board on all architectural and planning matters.  For that 
 41.22  purpose, the committee must be kept currently informed 
 41.23  concerning, and have access to, all data, including all plans, 
 41.24  studies, reports and proposals, relating to the area as the data 
 41.25  are developed or in the process of preparation, whether by the 
 41.26  commissioner of administration, the commissioner of trade and 
 41.27  economic development, the metropolitan council, the city of 
 41.28  Saint Paul, or by any architect, planner, agency or 
 41.29  organization, public or private, retained by the board or not 
 41.30  retained and engaged in any work or planning relating to the 
 41.31  area, and a copy of any data prepared by any public employee or 
 41.32  agency must be filed with the board promptly upon completion.  
 41.33     The board may employ stenographic or technical help that 
 41.34  may be reasonable to assist the committee to perform its duties. 
 41.35     When so directed by the board, the committee may serve as, 
 41.36  and any member or members of the committee may serve on, the 
 42.1   jury or as professional advisor for any architectural 
 42.2   competition, and the board shall select the architectural 
 42.3   advisor and jurors for any competition with the advice of the 
 42.4   committee.  
 42.5      The city of Saint Paul shall advise the board.  
 42.6      (i) The comprehensive plan for the area must be developed 
 42.7   and maintained in close cooperation with the commissioner of 
 42.8   trade and economic development, the planning department and the 
 42.9   council for the city of Saint Paul, and the board of the arts, 
 42.10  and no plan or amendment of a plan may be effective without 90 
 42.11  days' notice to the planning department of the city of Saint 
 42.12  Paul and the board of the arts and without a public hearing with 
 42.13  opportunity for public testimony.  
 42.14     (j) The board and the commissioner of administration, 
 42.15  jointly, shall prepare, prescribe, and from time to time revise 
 42.16  standards and policies governing the repair, alteration, 
 42.17  furnishing, appearance, and cleanliness of the public and 
 42.18  ceremonial areas of the state capitol building.  The board shall 
 42.19  consult with and receive advice from the director of the 
 42.20  Minnesota state historical society regarding the historic 
 42.21  fidelity of plans for the capitol building.  The standards and 
 42.22  policies developed under this paragraph are binding upon the 
 42.23  commissioner of administration.  The provisions of chapter 14, 
 42.24  including section 14.386, do not apply to this paragraph.  
 42.25     (k) The board in consultation with the commissioner of 
 42.26  administration shall prepare and submit to the legislature and 
 42.27  the governor no later than October 1 of each even-numbered year 
 42.28  a report on the status of implementation of the comprehensive 
 42.29  plan together with a program for capital improvements and site 
 42.30  development, and the commissioner of administration shall 
 42.31  provide the necessary cost estimates for the program.  The board 
 42.32  shall report any changes to the comprehensive plan adopted by 
 42.33  the board to the committee on governmental operations and 
 42.34  gambling of the house of representatives and the committee on 
 42.35  governmental operations and reform of the senate and upon 
 42.36  request shall provide testimony concerning the changes.  The 
 43.1   board shall also provide testimony to the legislature on 
 43.2   proposals for memorials in the capitol area as to their 
 43.3   compatibility with the standards, policies, and objectives of 
 43.4   the comprehensive plan. 
 43.5      (l) The state shall, by the attorney general upon the 
 43.6   recommendation of the board and within appropriations available 
 43.7   for that purpose, acquire by gift, purchase, or eminent domain 
 43.8   proceedings any real property situated in the area described in 
 43.9   this section, and it may also acquire an interest less than a 
 43.10  fee simple interest in the property, if it finds that the 
 43.11  property is needed for future expansion or beautification of the 
 43.12  area.  
 43.13     (m) The board is the successor of the state veterans 
 43.14  service building commission, and as such may adopt rules and may 
 43.15  reenact the rules adopted by its predecessor under Laws 1945, 
 43.16  chapter 315, and amendments to it.  
 43.17     (n) The board shall meet at the call of the chair and at 
 43.18  such other times as it may prescribe.  
 43.19     (o) The commissioner of administration shall assign 
 43.20  quarters in the state veterans service building to (1) the 
 43.21  department of veterans affairs, of which a part that the 
 43.22  commissioner of administration and commissioner of veterans 
 43.23  affairs may mutually determine must be on the first floor above 
 43.24  the ground, and (2) the American Legion, Veterans of Foreign 
 43.25  Wars, Disabled American Veterans, Military Order of the Purple 
 43.26  Heart, United Spanish War Veterans, and Veterans of World War I, 
 43.27  and their auxiliaries, incorporated, or when incorporated, under 
 43.28  the laws of the state, and (3) as space becomes available, to 
 43.29  other state departments and agencies as the commissioner may 
 43.30  deem desirable. 
 43.31     Sec. 37.  Minnesota Statutes 2000, section 15.50, is 
 43.32  amended by adding a subdivision to read: 
 43.33     Subd. 2b.  [COMPUTER SYSTEMS.] The commissioner of 
 43.34  administration must provide, at no charge, the board's 
 43.35  connections to state computer networks and other support for the 
 43.36  board's computer systems. 
 44.1      Sec. 38.  Minnesota Statutes 2000, section 15A.0815, 
 44.2   subdivision 1, is amended to read: 
 44.3      Subdivision 1.  [SALARY LIMITS.] The governor or other 
 44.4   appropriate appointing authority shall set the salary rates for 
 44.5   positions listed in this section within the salary limits listed 
 44.6   in subdivisions 2 to 4, subject to approval of the legislative 
 44.7   coordinating commission and the legislature as provided 
 44.8   by subdivision 5 and sections 3.855, and 15A.081, subdivision 7b 
 44.9   , and 43A.18, subdivision 5. 
 44.10     Sec. 39.  Minnesota Statutes 2000, section 15A.0815, is 
 44.11  amended by adding a subdivision to read: 
 44.12     Subd. 5.  [APPOINTING AUTHORITIES TO RECOMMEND CERTAIN 
 44.13  SALARIES.] (a) The governor, or other appropriate appointing 
 44.14  authority, may submit to the legislative coordinating commission 
 44.15  recommendations for salaries within the salary limits for the 
 44.16  positions listed in subdivisions 2 to 4.  An appointing 
 44.17  authority may also propose additions or deletions of positions 
 44.18  from those listed. 
 44.19     (b) Before submitting the recommendations, the appointing 
 44.20  authority shall consult with the commissioner of employee 
 44.21  relations concerning the recommendations.  
 44.22     (c) In making recommendations, the appointing authority 
 44.23  shall consider the criteria established in section 43A.18, 
 44.24  subdivision 8, and the performance of individual incumbents.  
 44.25  The performance evaluation must include a review of an 
 44.26  incumbent's progress toward attainment of affirmative action 
 44.27  goals.  The appointing authority shall establish an objective 
 44.28  system for quantifying knowledge, abilities, duties, 
 44.29  responsibilities, and accountabilities, and in determining 
 44.30  recommendations, rate each position by this system. 
 44.31     (d) Before the appointing authority's recommended salaries 
 44.32  take effect, the recommendations must be reviewed and approved, 
 44.33  rejected, or modified by the legislative coordinating commission 
 44.34  and the legislature under section 3.855, subdivisions 2 and 3.  
 44.35  If, when the legislature is not in session, the commission fails 
 44.36  to reject or modify salary recommendations of the governor 
 45.1   within 30 calendar days of their receipt, the recommendations 
 45.2   are deemed to be approved. 
 45.3      (e) The appointing authority shall set the initial salary 
 45.4   of a head of a new agency or a chair of a new metropolitan board 
 45.5   or commission whose salary is not specifically prescribed by law 
 45.6   after consultation with the commissioner, whose recommendation 
 45.7   is advisory only.  The amount of the new salary must be 
 45.8   comparable to the salary of an agency head or commission chair 
 45.9   having similar duties and responsibilities. 
 45.10     (f) The salary of a newly appointed head of an agency or 
 45.11  chair of a metropolitan agency listed in subdivisions 2 to 4, 
 45.12  may be increased or decreased by the appointing authority from 
 45.13  the salary previously set for that position within 30 days of 
 45.14  the new appointment after consultation with the commissioner.  
 45.15  If the appointing authority increases a salary under this 
 45.16  paragraph, the appointing authority shall submit the new salary 
 45.17  to the legislative coordinating commission and the full 
 45.18  legislature for approval, modification, or rejection under 
 45.19  section 3.855, subdivisions 2 and 3.  If, when the legislature 
 45.20  is not in session, the commission fails to reject or modify 
 45.21  salary recommendations of the governor within 30 calendar days 
 45.22  of their receipt, the recommendations are deemed to be approved. 
 45.23     Sec. 40.  Minnesota Statutes 2000, section 16A.06, is 
 45.24  amended by adding a subdivision to read: 
 45.25     Subd. 10.  [TECHNOLOGY BUDGET BOOK.] The department shall 
 45.26  prepare a separate budget book for each biennium beginning July 
 45.27  1, 2003, containing all of the administration's technology 
 45.28  initiatives.  The book shall also include a complete inventory 
 45.29  of state-owned and leased technology, along with a projected 
 45.30  replacement schedule.  The inventory shall include information 
 45.31  on how the technology fits into the state's master plan. 
 45.32     Sec. 41.  Minnesota Statutes 2000, section 16A.10, is 
 45.33  amended by adding a subdivision to read: 
 45.34     Subd. 1c.  [PERFORMANCE MEASURES FOR CHANGE ITEMS.] For 
 45.35  each change item in the budget proposal requesting new or 
 45.36  increased funding, the budget document must present proposed 
 46.1   performance measures that can be used to determine if the new or 
 46.2   increased funding is accomplishing its goals. 
 46.3      Sec. 42.  Minnesota Statutes 2000, section 16A.11, 
 46.4   subdivision 6, is amended to read: 
 46.5      Subd. 6.  [BUILDING MAINTENANCE.] The detailed operating 
 46.6   budget must include amounts necessary to maintain state 
 46.7   buildings.  The commissioner of finance, in consultation with 
 46.8   the commissioner of administration, the board of trustees of the 
 46.9   Minnesota state colleges and universities, and the regents of 
 46.10  the University of Minnesota, shall establish budget guidelines 
 46.11  for building maintenance appropriations.  Unless otherwise 
 46.12  provided by the commissioner of finance, the amount to be 
 46.13  budgeted each year for building maintenance is two percent of 
 46.14  the cost of the building, adjusted up or down depending on the 
 46.15  age and condition of the building. 
 46.16     Sec. 43.  [16A.1286] [STATEWIDE SYSTEMS ACCOUNT.] 
 46.17     Subdivision 1.  [CONTINUATION.] The statewide systems 
 46.18  account is a separate account in the general fund.  All money 
 46.19  resulting from billings for statewide systems services must be 
 46.20  deposited in the account.  For the purposes of this section, 
 46.21  statewide systems includes the state accounting system, payroll 
 46.22  system, human resources systems, procurement system, and related 
 46.23  information access systems. 
 46.24     Subd. 2.  [BILLING PROCEDURES.] The commissioner may bill 
 46.25  up to $7,520,000 in each fiscal year for statewide systems 
 46.26  services provided to state agencies, judicial branch agencies, 
 46.27  the University of Minnesota, the Minnesota state colleges and 
 46.28  universities, and other entities.  Billing must be based only on 
 46.29  usage of services relating to statewide systems provided by the 
 46.30  intertechnologies division.  Each agency shall transfer from 
 46.31  agency operating appropriations to the statewide systems account 
 46.32  the amount billed by the commissioner.  Billing policies and 
 46.33  procedures related to statewide systems services must be 
 46.34  developed by the commissioner in consultation with the 
 46.35  commissioners of employee relations and administration, the 
 46.36  University of Minnesota, and the Minnesota state colleges and 
 47.1   universities. 
 47.2      Subd. 3.  [APPROPRIATION.] Money transferred into the 
 47.3   account is appropriated to the commissioner to pay for statewide 
 47.4   systems services during the biennium in which it is appropriated.
 47.5      Sec. 44.  [16A.151] [PROCEEDS OF LITIGATION OR SETTLEMENT.] 
 47.6      Subdivision 1.  [STATE FUNDS; GENERAL FUND.] (a) This 
 47.7   subdivision applies, notwithstanding any law to the contrary, 
 47.8   except as provided in subdivision 2. 
 47.9      (b) A state official may not commence, pursue, or settle 
 47.10  litigation, or settle a matter that could have resulted in 
 47.11  litigation, in a manner that would result in money being 
 47.12  distributed to a person or entity other than the state. 
 47.13     (c) Money recovered by a state official in litigation or in 
 47.14  settlement of a matter that could have resulted in litigation is 
 47.15  state money and must be deposited in the general fund. 
 47.16     Subd. 2.  [EXCEPTIONS.] (a) If a state official litigates 
 47.17  or settles a matter on behalf of specific injured persons or 
 47.18  entities, this section does not prohibit distribution of money 
 47.19  to the specific injured persons or entities on whose behalf the 
 47.20  litigation or settlement efforts were initiated.  If money 
 47.21  recovered on behalf of injured persons or entities cannot 
 47.22  reasonably be distributed to those persons or entities because 
 47.23  they cannot readily be located or identified or because the cost 
 47.24  of distributing the money would outweigh the benefit to the 
 47.25  persons or entities, the money must be paid into the general 
 47.26  fund.  
 47.27     (b) Money recovered on behalf of a fund in the state 
 47.28  treasury other than the general fund may be deposited in that 
 47.29  fund. 
 47.30     (c) This section does not prohibit a state official from 
 47.31  distributing money to a person or entity other than the state in 
 47.32  litigation or potential litigation in which the state is a 
 47.33  defendant or potential defendant. 
 47.34     Subd. 3.  [DEFINITIONS.] For purposes of this section: 
 47.35     (1) "litigation" includes civil, criminal, and 
 47.36  administrative actions; 
 48.1      (2) "money recovered" includes actual damages, punitive or 
 48.2   exemplary damages, statutory damages, and civil and criminal 
 48.3   penalties; and 
 48.4      (3) "state official" means the attorney general, another 
 48.5   constitutional officer, an agency, or an agency employee, acting 
 48.6   in official capacity.  
 48.7      Sec. 45.  Minnesota Statutes 2000, section 16A.152, 
 48.8   subdivision 4, is amended to read: 
 48.9      Subd. 4.  [REDUCTION DEFICIT REMEDIES.] (a) If the 
 48.10  commissioner determines that probable receipts for the general 
 48.11  fund will be less than anticipated, and that the amount 
 48.12  available for the remainder of the biennium will be less than 
 48.13  needed, the commissioner shall, with the approval of the 
 48.14  governor, and after consulting the legislative advisory 
 48.15  commission, reduce the amount in the budget reserve account as 
 48.16  needed to balance expenditures with revenue. 
 48.17     (b) An additional deficit shall, with the approval of the 
 48.18  governor, and after consulting the legislative advisory 
 48.19  commission, be made up by reducing unexpended allotments of any 
 48.20  prior appropriation or transfer.  Notwithstanding any other law 
 48.21  to the contrary, the commissioner is empowered to defer or 
 48.22  suspend prior statutorily created obligations which would 
 48.23  prevent effecting such reductions.  
 48.24     (c) If the commissioner determines that probable receipts 
 48.25  for any other fund, appropriation, or item will be less than 
 48.26  anticipated, and that the amount available for the remainder of 
 48.27  the term of the appropriation or for any allotment period will 
 48.28  be less than needed, the commissioner shall notify the agency 
 48.29  concerned and then reduce the amount allotted or to be allotted 
 48.30  so as to prevent a deficit. 
 48.31     (d) In reducing allotments, the commissioner may consider 
 48.32  other sources of revenue available to recipients of state 
 48.33  appropriations and may apply allotment reductions based on all 
 48.34  sources of revenue available.  
 48.35     (e) In like manner, the commissioner shall reduce 
 48.36  allotments to an agency by the amount of any saving that can be 
 49.1   made over previous spending plans through a reduction in prices 
 49.2   or other cause proceed, in alphabetical order to the extent 
 49.3   necessary, with the remedies in the paragraphs in this 
 49.4   subdivision. 
 49.5      (a)  [USE SAVINGS.] The commissioner shall first reduce 
 49.6   allotments to an agency by the amount of any savings that can be 
 49.7   made over previous spending plans through a reduction in prices 
 49.8   or other cause. 
 49.9      (b)  [USE OTHER SOURCES.] The commissioner shall next 
 49.10  consider other sources of revenue available to recipients of 
 49.11  state appropriations and may apply allotment reductions based on 
 49.12  all sources of revenue available. 
 49.13     (c)  [REDUCE BUDGET RESERVE ACCOUNT; GENERAL FUND.] With 
 49.14  the approval of the governor, and after consulting with the 
 49.15  legislative advisory commission, the commissioner may reduce the 
 49.16  amount in the budget reserve account as needed to balance 
 49.17  expenditures with revenue. 
 49.18     (d)  [TEN PERCENT ALLOTMENT REDUCTION.] The commissioner 
 49.19  shall, with the approval of the governor, reduce state agencies' 
 49.20  allotments for unencumbered, unobligated operating expenditures 
 49.21  and discretionary grants up to ten percent of total authorized 
 49.22  spending for the biennium. 
 49.23     (e)  [NEW, EXPANDED, OR FUTURE PROGRAMS.] The commissioner 
 49.24  may, with the approval of the governor, reduce or delay 
 49.25  unencumbered and unobligated allotments for appropriations for 
 49.26  spending authorizations that represent new or expanded programs 
 49.27  or program eligibility that have future implementation dates. 
 49.28     (f)  [REDUCE UNEXPENDED ALLOTMENTS; OTHER FUNDS.] If the 
 49.29  commissioner determines that probable receipts for any other 
 49.30  fund, appropriation, or item will be less than anticipated, and 
 49.31  that the amount available for the remainder of the term of the 
 49.32  appropriation or for any allotment period will be less than 
 49.33  needed, the commissioner shall notify the agency concerned and 
 49.34  then reduce the amount allotted or to be allotted so as to 
 49.35  prevent a deficit. 
 49.36     Sec. 46.  Minnesota Statutes 2000, section 16A.152, 
 50.1   subdivision 7, is amended to read: 
 50.2      Subd. 7.  [DELAY; REDUCTION.] The commissioner may delay 
 50.3   paying up to 15 percent of an appropriation to a special taxing 
 50.4   district or a system of higher education in that entity's fiscal 
 50.5   year for up to 60 days after the start of its next fiscal year.  
 50.6   The delayed amount is subject to allotment reduction under 
 50.7   subdivision 1 4. 
 50.8      Sec. 47.  Minnesota Statutes 2000, section 16B.58, is 
 50.9   amended by adding a subdivision to read: 
 50.10     Subd. 6a.  [PARKING RESTRICTIONS.] Notwithstanding 
 50.11  subdivision 6: 
 50.12     (1) parking is prohibited on the terraces adjacent to the 
 50.13  carriage entrance on the south side of the capitol building; 
 50.14     (2) the ten parking spaces on Aurora Avenue closest to the 
 50.15  main entrance of the capitol building must be reserved for 
 50.16  parking by physically disabled persons displaying a certificate 
 50.17  issued under section 169.345; and 
 50.18     (3) the remainder of the parking spaces on Aurora Avenue 
 50.19  must be reserved for the general public during legislative 
 50.20  sessions. 
 50.21     Sec. 48.  Minnesota Statutes 2000, section 16B.60, 
 50.22  subdivision 3, is amended to read: 
 50.23     Subd. 3.  [MUNICIPALITY.] "Municipality" means a city, 
 50.24  county, or town meeting the requirements of section 368.01, 
 50.25  subdivision 1, the University of Minnesota, or the state for 
 50.26  public buildings and state licensed facilities.  
 50.27     Sec. 49.  Minnesota Statutes 2000, section 16B.60, is 
 50.28  amended by adding a subdivision to read: 
 50.29     Subd. 12.  [DESIGNATE.] "Designate" means the formal 
 50.30  designation by a municipality's administrative authority of a 
 50.31  certified building official accepting responsibility for code 
 50.32  administration. 
 50.33     Sec. 50.  Minnesota Statutes 2000, section 16B.60, is 
 50.34  amended by adding a subdivision to read: 
 50.35     Subd. 13.  [ADMINISTRATIVE AUTHORITY.] "Administrative 
 50.36  authority" means a municipality's governing body or their 
 51.1   assigned administrative authority. 
 51.2      Sec. 51.  Minnesota Statutes 2000, section 16B.61, 
 51.3   subdivision 1, is amended to read: 
 51.4      Subdivision 1.  [ADOPTION OF CODE.] Subject to sections 
 51.5   16B.59 to 16B.75, the commissioner shall by rule establish a 
 51.6   code of standards for the construction, reconstruction, 
 51.7   alteration, and repair of buildings, governing matters of 
 51.8   structural materials, design and construction, fire protection, 
 51.9   health, sanitation, and safety, including design and 
 51.10  construction standards regarding heat loss control, 
 51.11  illumination, and climate control.  The code must also include 
 51.12  duties and responsibilities for code administration, including 
 51.13  procedures for administrative action, penalties, and suspension 
 51.14  and revocation of certification.  The code must conform insofar 
 51.15  as practicable to model building codes generally accepted and in 
 51.16  use throughout the United States, including a code for building 
 51.17  conservation.  In the preparation of the code, consideration 
 51.18  must be given to the existing statewide specialty codes 
 51.19  presently in use in the state.  Model codes with necessary 
 51.20  modifications and statewide specialty codes may be adopted by 
 51.21  reference.  The code must be based on the application of 
 51.22  scientific principles, approved tests, and professional 
 51.23  judgment.  To the extent possible, the code must be adopted in 
 51.24  terms of desired results instead of the means of achieving those 
 51.25  results, avoiding wherever possible the incorporation of 
 51.26  specifications of particular methods or materials.  To that end 
 51.27  the code must encourage the use of new methods and new 
 51.28  materials.  Except as otherwise provided in sections 16B.59 to 
 51.29  16B.75, the commissioner shall administer and enforce the 
 51.30  provisions of those sections.  
 51.31     Sec. 52.  Minnesota Statutes 2000, section 16B.65, is 
 51.32  amended to read: 
 51.33     16B.65 [BUILDING OFFICIALS.] 
 51.34     Subdivision 1.  [APPOINTMENTS DESIGNATION.] The governing 
 51.35  body of By January 1, 2002, each municipality shall, unless 
 51.36  other means are already provided, appoint designate a building 
 52.1   official to administer the code.  A municipality may designate 
 52.2   no more than one building official responsible for code 
 52.3   administration defined by each certification category 
 52.4   established in rule.  Two or more municipalities may combine in 
 52.5   the appointment designation of a single building official for 
 52.6   the purpose of administering the provisions of the code within 
 52.7   their communities.  In those municipalities for which no 
 52.8   building officials have been appointed designated, the state 
 52.9   building official, with the approval of the commissioner, may 
 52.10  appoint building officials to serve until the municipalities 
 52.11  have made an appointment.  If unable to make an appointment, the 
 52.12  state building official may use whichever state employees or 
 52.13  state agencies are necessary to perform the duties of the 
 52.14  building official until the municipality makes a temporary or 
 52.15  permanent designation.  All costs incurred by virtue of an 
 52.16  appointment by the state building official or these services 
 52.17  rendered by state employees must be borne by the involved 
 52.18  municipality. and receipts arising from the appointment these 
 52.19  services must be paid into the state treasury and credited to 
 52.20  the special revenue general fund.  
 52.21     Subd. 2.  [QUALIFICATIONS.] A building official, to be 
 52.22  eligible for appointment designation, must be certified and have 
 52.23  the experience in design, construction, and supervision which 
 52.24  the commissioner deems necessary and must be generally informed 
 52.25  on the quality and strength of building materials, accepted 
 52.26  building construction requirements, and the nature of equipment 
 52.27  and needs conducive to the safety, comfort, and convenience of 
 52.28  building occupants.  Each building official must be certified 
 52.29  under this section, except that the qualifications outlined in 
 52.30  this section are not mandatory regarding any building official 
 52.31  in any municipality engaged in the administration of a building 
 52.32  code on May 27, 1971, and continuing that function through July 
 52.33  1, 1972 No person may be designated as a building official for a 
 52.34  municipality unless the commissioner determines that the 
 52.35  official is qualified as provided in subdivision 3.  
 52.36     Subd. 3.  [CERTIFICATION.] The commissioner shall:  
 53.1      (1) prepare and conduct written and practical examinations 
 53.2   to determine if a person is qualified pursuant to subdivision 2 
 53.3   to be a building official; 
 53.4      (2) accept documentation of successful completion of 
 53.5   testing programs developed by nationally recognized testing 
 53.6   agencies, as proof of qualification pursuant to subdivision 2; 
 53.7   or 
 53.8      (3) determine qualifications by both clauses (1) and (2).  
 53.9      Upon a determination of qualification under clause (1), 
 53.10  (2), or both of them, the commissioner shall issue a certificate 
 53.11  to the building official stating that the official is 
 53.12  certified.  Each person applying for examination and 
 53.13  certification pursuant to this section shall pay a nonrefundable 
 53.14  fee of $70.  The commissioner or a designee may establish 
 53.15  classes categories of certification that will recognize the 
 53.16  varying complexities of code enforcement in the municipalities 
 53.17  within the state.  Except as provided by subdivision 2, no 
 53.18  person may act as a building official for a municipality unless 
 53.19  the commissioner determines that the official is qualified.  The 
 53.20  commissioner shall provide educational programs designed to 
 53.21  train and assist building officials in carrying out their 
 53.22  responsibilities. 
 53.23     The department of employee relations may, at the request of 
 53.24  the commissioner, provide statewide testing services. 
 53.25     Subd. 4.  [DUTIES.] Building officials shall, in the 
 53.26  municipality for which they are appointed designated, attend to 
 53.27  be responsible for all aspects of code administration for which 
 53.28  they are certified, including the issuance of all building 
 53.29  permits and the inspection of all manufactured home 
 53.30  installations.  The commissioner may direct a municipality with 
 53.31  a building official to perform services for another 
 53.32  municipality, and in that event the municipality being served 
 53.33  shall pay the municipality rendering the services the reasonable 
 53.34  costs of the services.  The costs may be subject to approval by 
 53.35  the commissioner.  
 53.36     Subd. 5.  [REMOVAL FROM OFFICE OVERSIGHT COMMITTEE.] Except 
 54.1   as otherwise provided for by law the commissioner may, upon 
 54.2   notice and hearing, direct the dismissal of a building official 
 54.3   when it appears to the commissioner by competent evidence that 
 54.4   the building official has consistently failed to act in the 
 54.5   public interest in the performance of duties.  Notice must be 
 54.6   provided and the hearing conducted in accordance with the 
 54.7   provisions of chapter 14 governing contested case proceedings.  
 54.8   Nothing in this subdivision limits or otherwise affects the 
 54.9   authority of a municipality to dismiss or suspend a building 
 54.10  official at its discretion, except as otherwise provided for by 
 54.11  law.  (a) The commissioner shall establish a code administration 
 54.12  oversight committee to evaluate, mediate, and recommend to the 
 54.13  commissioner any administrative action, penalty, suspension, or 
 54.14  revocation with respect to complaints filed with or information 
 54.15  received by the commissioner alleging or indicating the 
 54.16  unauthorized performance of official duties or unauthorized use 
 54.17  of the title certified building official, or a violation of 
 54.18  statute, rule, or order that the commissioner has issued or is 
 54.19  empowered to enforce.  The committee consists of five certified 
 54.20  building officials, at least two of whom must be from 
 54.21  nonmetropolitan counties.  Committee members must be compensated 
 54.22  according to section 15.059, subdivision 3.  The commissioner's 
 54.23  designee shall act as an ex-officio member of the oversight 
 54.24  committee.  
 54.25     (b) If the commissioner has a reasonable basis to believe 
 54.26  that a person has engaged in an act or practice constituting the 
 54.27  unauthorized performance of official duties, the unauthorized 
 54.28  use of the title certified building official, or a violation of 
 54.29  a statute, rule, or order that the commissioner has issued or is 
 54.30  empowered to enforce, the commissioner may proceed with 
 54.31  administrative actions or penalties as described in subdivision 
 54.32  6 or suspension or revocation as described in subdivision 7.  
 54.33     Subd. 6.  [ADMINISTRATIVE ACTION AND PENALTIES.] The 
 54.34  commissioner shall, by rule, establish a graduated schedule of 
 54.35  administrative actions for violations of sections 16B.59 to 
 54.36  16B.75 and rules adopted under those sections.  The schedule 
 55.1   must be based on and reflect the culpability, frequency, and 
 55.2   severity of the violator's actions.  The commissioner may impose 
 55.3   a penalty from the schedule on a certification holder for a 
 55.4   violation of sections 16B.59 to 16B.75 and rules adopted under 
 55.5   those sections.  The penalty is in addition to any criminal 
 55.6   penalty imposed for the same violation.  Administrative monetary 
 55.7   penalties imposed by the commissioner must be paid to the 
 55.8   general fund.  
 55.9      Subd. 7.  [SUSPENSION; REVOCATION.] Except as otherwise 
 55.10  provided for by law, the commissioner may, upon notice and 
 55.11  hearing, revoke or suspend or refuse to issue or reissue a 
 55.12  building official certification if the applicant, building 
 55.13  official, or certification holder: 
 55.14     (a) violates a provision of sections 16B.59 to 16B.75 or a 
 55.15  rule adopted under those sections; 
 55.16     (b) engages in fraud, deceit, or misrepresentation while 
 55.17  performing the duties of a certified building official; 
 55.18     (c) makes a false statement in an application submitted to 
 55.19  the commissioner or in a document required to be submitted to 
 55.20  the commissioner; or 
 55.21     (d) violates an order of the commissioner.  
 55.22     Notice must be provided and the hearing conducted in 
 55.23  accordance with the provisions of chapter 14 governing contested 
 55.24  case proceedings.  Nothing in this subdivision limits or 
 55.25  otherwise affects the authority of a municipality to dismiss or 
 55.26  suspend a building official at its discretion, except as 
 55.27  otherwise provided for by law. 
 55.28     Subd. 6 8.  [VACANCIES.] In the event that a certified 
 55.29  designated building official vacates that position is vacant 
 55.30  within a municipality, that municipality shall appoint designate 
 55.31  a certified building official to fill the vacancy as soon as 
 55.32  possible.  The commissioner must be notified of any vacancy or 
 55.33  designation in writing within 15 days.  If the municipality 
 55.34  fails to appoint designate a certified building official within 
 55.35  90 15 days of the occurrence of the vacancy, the state building 
 55.36  official may make the appointment or provide state employees to 
 56.1   serve that function as provided in subdivision 1 until the 
 56.2   municipality makes a temporary or permanent designation.  
 56.3   Municipalities must not issue permits without a designated 
 56.4   certified building official.  
 56.5      Subd. 7 9.  [CONTINUING EDUCATION.] Subject to sections 
 56.6   16B.59 to 16B.75, the commissioner may by rule establish or 
 56.7   approve continuing education programs for municipal building 
 56.8   officials dealing with matters of building code administration, 
 56.9   inspection, and enforcement.  
 56.10     Effective January 1, 1985, Each person certified as a 
 56.11  building official for the state must satisfactorily complete 
 56.12  applicable educational programs established or approved by the 
 56.13  commissioner every three calendar years to retain certification. 
 56.14     Each person certified as a building official must submit in 
 56.15  writing to the commissioner an application for renewal of 
 56.16  certification within 60 days of the last day of the third 
 56.17  calendar year following the last certificate issued.  Each 
 56.18  application for renewal must be accompanied by proof of 
 56.19  satisfactory completion of minimum continuing education 
 56.20  requirements and the certification renewal fee established by 
 56.21  the commissioner.  
 56.22     For persons certified prior to January 1, 1985, the first 
 56.23  three-year period commences January 1, 1985. 
 56.24     Sec. 53.  Minnesota Statutes 2000, section 16B.70, 
 56.25  subdivision 2, is amended to read: 
 56.26     Subd. 2.  [COLLECTION AND REPORTS.] All permit surcharges 
 56.27  must be collected by each municipality and a portion of them 
 56.28  remitted to the state.  Each municipality having a population 
 56.29  greater than 20,000 people shall prepare and submit to the 
 56.30  commissioner once a month a report of fees and surcharges on 
 56.31  fees collected during the previous month but shall retain the 
 56.32  greater of two percent or that amount collected up to $25 to 
 56.33  apply against the administrative expenses the municipality 
 56.34  incurs in collecting the surcharges.  All other municipalities 
 56.35  shall submit the report and surcharges on fees once a quarter 
 56.36  but shall retain the greater of four percent or that amount 
 57.1   collected up to $25 to apply against the administrative expenses 
 57.2   the municipalities incur in collecting the surcharges.  The 
 57.3   report, which must be in a form prescribed by the commissioner, 
 57.4   must be submitted together with a remittance covering the 
 57.5   surcharges collected by the 15th day following the month or 
 57.6   quarter in which the surcharges are collected.  All money 
 57.7   collected by the commissioner through surcharges and other fees 
 57.8   prescribed by sections 16B.59 to 16B.75 shall be deposited in 
 57.9   the state government special revenue fund and is appropriated to 
 57.10  the commissioner for the purpose of administering and enforcing 
 57.11  the State Building Code under sections 16B.59 to 16B.75 general 
 57.12  fund. 
 57.13     Sec. 54.  Minnesota Statutes 2000, section 16B.76, 
 57.14  subdivision 1, is amended to read: 
 57.15     Subdivision 1.  [MEMBERSHIP.] (a) The construction codes 
 57.16  advisory council consists of the following members: 
 57.17     (1) the commissioner of administration or the 
 57.18  commissioner's designee representing the department's building 
 57.19  codes and standards division; 
 57.20     (2) the commissioner of health or the commissioner's 
 57.21  designee representing an environmental health section of the 
 57.22  department; 
 57.23     (3) the commissioner of public safety or the commissioner's 
 57.24  designee representing the department's state fire marshal 
 57.25  division; 
 57.26     (4) the commissioner of public service or the 
 57.27  commissioner's designee representing the department's energy 
 57.28  regulation and resource management division; and 
 57.29     (5) one member representing each of the following 
 57.30  occupations or entities, appointed by the commissioner of 
 57.31  administration: 
 57.32     (i) a certified building official; 
 57.33     (ii) a fire service representative; 
 57.34     (iii) a licensed architect; 
 57.35     (iv) a licensed engineer; 
 57.36     (v) a building owners and managers representative; 
 58.1      (vi) a licensed residential building contractor; 
 58.2      (vii) a commercial building contractor; 
 58.3      (viii) a heating and ventilation contractor; 
 58.4      (ix) a plumbing contractor; 
 58.5      (x) a representative of a construction and building trades 
 58.6   union; and 
 58.7      (xi) a local unit of government representative. 
 58.8      (b) For members who are not state officials or employees, 
 58.9   terms, compensation, removal, and the filling of vacancies are 
 58.10  governed by section 15.059.  The council shall select one of its 
 58.11  members to serve as chair. 
 58.12     (c) The council expires June 30, 2001 2003. 
 58.13     Sec. 55.  Minnesota Statutes 2000, section 16B.88, 
 58.14  subdivision 1, is amended to read: 
 58.15     Subdivision 1.  [INFORMATION CENTER FOR VOLUNTEER 
 58.16  PROGRAMS.] (a) The office of citizenship and volunteer services 
 58.17  is under the supervision and administration of a director 
 58.18  appointed by the commissioner governor.  The office shall:  (1) 
 58.19  operate as a state information, technical assistance, and 
 58.20  promotion center for volunteer programs; and (2) promote and 
 58.21  facilitate citizen participation in local governance and public 
 58.22  problem solving. 
 58.23     (b) In furtherance of the mission in paragraph (a), clause 
 58.24  (2), the office shall: 
 58.25     (1) engage in education and other activities designed to 
 58.26  enhance the capacity of citizens to solve problems affecting 
 58.27  their communities; 
 58.28     (2) promote and support efforts by citizens, 
 58.29  community-based organizations, nonprofits, churches, and local 
 58.30  governments to collaborate in solving community problems; 
 58.31     (3) encourage local governments to provide increased 
 58.32  opportunities for citizen involvement in public decision making 
 58.33  and public problem solving; 
 58.34     (4) refer innovative approaches to encourage greater public 
 58.35  access to and involvement in state and local government 
 58.36  decisions to appropriate state and local government officials; 
 59.1      (5) encourage units of state and local government to 
 59.2   respond to citizen initiatives and ideas; 
 59.3      (6) promote processes for involving citizens in government 
 59.4   decisions; and 
 59.5      (7) recognize and publicize models of effective public 
 59.6   problem solving by citizens. 
 59.7      Sec. 56.  Minnesota Statutes 2000, section 16C.03, 
 59.8   subdivision 3, is amended to read: 
 59.9      Subd. 3.  [ACQUISITION AUTHORITY.] The commissioner shall 
 59.10  acquire all goods, services, and utilities needed by agencies.  
 59.11  The commissioner shall acquire goods, services, and utilities by 
 59.12  requests for bids, requests for proposals, reverse auctions as 
 59.13  provided in section 16C.10, subdivision 7, or other methods 
 59.14  provided by law, unless a section of law requires a particular 
 59.15  method of acquisition to be used.  The commissioner shall make 
 59.16  all decisions regarding acquisition activities.  The 
 59.17  determination of the acquisition method and all decisions 
 59.18  involved in the acquisition process, unless otherwise provided 
 59.19  for by law, shall be based on best value which includes an 
 59.20  evaluation of price and may include other considerations 
 59.21  including, but not limited to, environmental considerations, 
 59.22  quality, and vendor performance.  A best value determination 
 59.23  must be based on the evaluation criteria detailed in the 
 59.24  solicitation document.  If criteria other than price are used, 
 59.25  the solicitation document must state the relative importance of 
 59.26  price and other factors.  Unless it is determined by the 
 59.27  commissioner that an alternative solicitation method provided by 
 59.28  law should be used to determine best value, a request for bid 
 59.29  must be used to solicit formal responses for all building and 
 59.30  construction contracts.  Any or all responses may be rejected.  
 59.31  When using the request for bid process, the bid must be awarded 
 59.32  to the lowest responsive and responsible bidder, taking into 
 59.33  consideration conformity with the specifications, terms of 
 59.34  delivery, the purpose for which the contract or purchase is 
 59.35  intended, the status and capability of the vendor, and other 
 59.36  considerations imposed in the request for bids.  The 
 60.1   commissioner may decide which is the lowest responsible bidder 
 60.2   for all purchases and may must use the principles of life-cycle 
 60.3   costing, where appropriate, in determining the lowest overall 
 60.4   bid.  The duties set forth in this subdivision are subject to 
 60.5   delegation pursuant to this section.  
 60.6      Sec. 57.  [16C.055] [BARTER ARRANGEMENTS PROHIBITED.] 
 60.7      An agency may not contract or otherwise agree with a person 
 60.8   or entity outside of state government to receive nonmonetary 
 60.9   consideration in exchange for the agency providing nonmonetary 
 60.10  consideration, unless such an agreement is specifically 
 60.11  authorized by law.  This section shall not apply to contracts or 
 60.12  agreements entered into by the Minnesota zoological board under 
 60.13  chapter 85A or the director of the state lottery under chapter 
 60.14  349A. 
 60.15     Sec. 58.  [16C.066] [COST-BENEFIT ANALYSIS.] 
 60.16     (a) The commissioner or an agency official to whom the 
 60.17  commissioner has delegated duties under section 16C.03, 
 60.18  subdivision 16, may not approve a contract or purchase of goods 
 60.19  or services for transit or other transportation purposes in an 
 60.20  amount greater than $5,000,000 unless a cost-benefit analysis 
 60.21  has been completed and shows a positive benefit to the public.  
 60.22  The management analysis division must perform or direct the 
 60.23  performance of the analysis.  A cost-benefit analysis must be 
 60.24  performed for a project if an aggregation of contracts or 
 60.25  purchases for a project exceeds $5,000,000. 
 60.26     (b) All cost-benefit analysis documents under this section, 
 60.27  including preliminary drafts and notes, are public data. 
 60.28     (c) If a cost-benefit analysis does not show a positive 
 60.29  benefit to the public, the governor may approve a contract or 
 60.30  purchase of goods or services if a cost-effectiveness study had 
 60.31  been done that shows the proposed project is the most effective 
 60.32  way to provide a necessary public good. 
 60.33     (d) This section applies to contracts for goods or services 
 60.34  that are expected to have a useful life of more than three 
 60.35  years.  This section does not apply for purchase of goods or 
 60.36  services for response to a natural disaster if an emergency has 
 61.1   been declared by the governor. 
 61.2      (e) This section expires June 30, 2003. 
 61.3      Sec. 59.  Minnesota Statutes 2000, section 16C.25, is 
 61.4   amended to read: 
 61.5      16C.25 [BUILDING AND CONSTRUCTION CONTRACTS.] 
 61.6      (a) Notwithstanding any contrary law, and except as 
 61.7   provided in paragraph (b), the provisions of Minnesota Statutes 
 61.8   1996, section 16B.07, 16B.08, 16B.09, and all other laws 
 61.9   applicable to competitive bidding for building and construction 
 61.10  contracts on June 30, 1998, apply to building and construction 
 61.11  contracts entered into on or after July 1, 1998. 
 61.12     (b) Notwithstanding Minnesota Statutes 1996, section 
 61.13  16C.28, the commissioner must use the principles of life-cycle 
 61.14  costing, where appropriate, in determining the lowest overall 
 61.15  bid.  
 61.16     Sec. 60.  [16E.0465] [TECHNOLOGY APPROVAL.] 
 61.17     Subdivision 1.  [APPLICATION.] This section applies to an 
 61.18  appropriation of more than $1,000,000 of state or federal funds 
 61.19  to a state agency for any information and communications 
 61.20  technology project or data processing device or system or for 
 61.21  any phase of such a project, device, or system.  For purposes of 
 61.22  this section, an appropriation of state or federal funds to a 
 61.23  state agency includes an appropriation:  (1) to the Minnesota 
 61.24  state colleges and universities; (2) to a constitutional 
 61.25  officer; (3) for a project that includes both a state agency and 
 61.26  units of local government; and (4) to a state agency for grants 
 61.27  to be made to other entities. 
 61.28     Subd. 2.  [REQUIRED REVIEW AND APPROVAL.] (a) A state 
 61.29  agency receiving an appropriation for an information and 
 61.30  communications technology project or data processing device or 
 61.31  system subject to this section must divide the project into 
 61.32  phases. 
 61.33     (b) The commissioner of finance may not authorize the 
 61.34  encumbrance or expenditure of an appropriation of state funds to 
 61.35  a state agency for any phase of a project, device, or system 
 61.36  subject to this section unless the office of technology has 
 62.1   reviewed each phase of the project, device, or system, and based 
 62.2   on this review, the commissioner of administration has 
 62.3   determined for each phase that: 
 62.4      (1) the project is compatible with the state information 
 62.5   architecture and other policies and standards established by the 
 62.6   commissioner of administration; and 
 62.7      (2) the agency is able to accomplish the goals of the 
 62.8   project with the funds appropriated. 
 62.9      Subd. 3.  [ROLE OF COMMISSIONER.] Unless money is 
 62.10  appropriated directly to the commissioner of administration, the 
 62.11  role of the commissioner and the office of technology is to 
 62.12  review and approve projects under this section, and not to 
 62.13  design or implement the projects. 
 62.14     Sec. 61.  [16E.055] [COMMON WEB FORMAT.] 
 62.15     A state agency that implements electronic government 
 62.16  services for fees, licenses, sales, or other purposes must use a 
 62.17  common Web page format approved by the commissioner of 
 62.18  administration for those electronic government services.  The 
 62.19  commissioner may create a single entry site for all agencies to 
 62.20  use for electronic government services. 
 62.21     Sec. 62.  [16E.075] [SALARY WEB ACCESS.] 
 62.22     A government unit, as defined under section 16E.07, that 
 62.23  receives state funds, including those through the department of 
 62.24  revenue or finance, must post on its Web site, if any, the 
 62.25  individual salaries and benefits of all the employees of the 
 62.26  government unit. 
 62.27     Sec. 63.  [16E.09] [TECHNOLOGY ENTERPRISE FUND.] 
 62.28     Subdivision 1.  [TECHNOLOGY ENTERPRISE FUND.] A technology 
 62.29  enterprise fund is established.  Money deposited in the fund is 
 62.30  appropriated to the commissioner of administration for the 
 62.31  purpose of funding technology projects among government entities 
 62.32  that promote cooperation, innovation, and shared use of 
 62.33  technology and technology standards, and electronic government 
 62.34  services.  A portion of revenues from the sale of information 
 62.35  technology surplus equipment or data, a portion of funds 
 62.36  collected from rental of communication tower space, and a 
 63.1   portion of refunds from information technology services or 
 63.2   purchases and from savings generated by information technology 
 63.3   and telecommunications projects may be deposited into the fund 
 63.4   upon agreement by the commissioner of administration and the 
 63.5   executive of the government entity generating those funds.  The 
 63.6   commissioner of administration may accept contributions from 
 63.7   other entities or other gifts and grants into the fund.  The 
 63.8   transfer of funds between state agencies is subject to the 
 63.9   approval of the commissioner of finance.  The commissioner of 
 63.10  finance shall notify the chairs of the committees funding the 
 63.11  affected state agencies of such transfers.  Funds are available 
 63.12  until June 30, 2005. 
 63.13     Subd. 2.  [TECHNOLOGY ENTERPRISE BOARD.] A technology 
 63.14  enterprise board is established to advise the state chief 
 63.15  information officer, the office of technology, the governor, the 
 63.16  executive branch, and the legislature regarding information 
 63.17  technology funding and expenditures from the technology 
 63.18  enterprise fund.  The board shall consist of up to 18 members 
 63.19  representing public and private entities with general expertise 
 63.20  in information technology and telecommunications initiatives and 
 63.21  planning.  The state chief information officer shall act as 
 63.22  chair and the office of technology shall provide necessary staff 
 63.23  support.  Nonlegislator members shall be appointed by the 
 63.24  governor, including one nominee representing the state executive 
 63.25  council, one nominee representing the supreme court, and one 
 63.26  nominee representing the higher education advisory council; and 
 63.27  seven at-large members representing the private sector with 
 63.28  experience in business.  The speaker of the house of 
 63.29  representatives and the senate subcommittee on committees shall 
 63.30  each appoint two legislators to the board.  Legislator members 
 63.31  serve at the pleasure of the appointing authority.  Membership 
 63.32  terms, compensation, and removal of nonlegislator board members 
 63.33  are governed by section 15.059, except that terms are three 
 63.34  years and the board expires on June 30, 2005. 
 63.35     Subd. 3.  [REPORT TO LEGISLATURE.] By February 1 each year, 
 63.36  the commissioner of administration shall report to the chairs of 
 64.1   the finance committees in the senate and house of 
 64.2   representatives with jurisdiction over governmental operations 
 64.3   on expenditures and activities under this section. 
 64.4      Subd. 4.  [EXPIRATION.] This section expires June 30, 2005. 
 64.5      Sec. 64.  Minnesota Statutes 2000, section 43A.04, is 
 64.6   amended by adding a subdivision to read: 
 64.7      Subd. 12.  [TOTAL COMPENSATION REPORTING.] (a) The 
 64.8   commissioner, in consultation with the commissioner of finance, 
 64.9   shall report to the governor and the legislature by January 15 
 64.10  each year on executive branch employee salary and benefits.  The 
 64.11  purpose of the report is to assist in effective long-range 
 64.12  planning and to provide data necessary to compute annual and 
 64.13  biennial costs related to the state workforce.  The report must 
 64.14  use data available in the biennial budget system and other 
 64.15  necessary sources.  The report also must be made available to 
 64.16  the public in an electronic format. 
 64.17     (b) The report must be organized by agency.  For each 
 64.18  employee during the previous fiscal year the report must: 
 64.19     (1) list each employee by position number, but not by name; 
 64.20     (2) list the total amount the state spent, by fund, for the 
 64.21  employee's salary and total compensation, including social 
 64.22  security contributions, insurance, and all other benefits and 
 64.23  related costs; 
 64.24     (3) list the employee's length of state service; and 
 64.25     (4) list the total estimated compensation for the 
 64.26  employee's career, assuming the employee works until the normal 
 64.27  retirement age.  
 64.28     Sec. 65.  Minnesota Statutes 2000, section 43A.04, is 
 64.29  amended by adding a subdivision to read: 
 64.30     Subd. 13.  [COMBINED CHARITIES CAMPAIGN.] (a) The 
 64.31  commissioner shall administer the state employee combined 
 64.32  charities campaign.  This duty includes registration of combined 
 64.33  charitable organizations under section 309.501, and coordination 
 64.34  and administration of the process under which state employees 
 64.35  contribute to combined charitable organizations. 
 64.36     (b) The commissioner, in consultation with other 
 65.1   commissioners, shall appoint a voluntary board of state 
 65.2   employees to oversee the conduct of an annual combined charities 
 65.3   campaign.  The board must, to the extent possible, represent a 
 65.4   cross-section of state employee groups and geographic areas 
 65.5   where state employees are located.  The board shall provide 
 65.6   direction to the commissioner's employee assigned to administer 
 65.7   the annual campaign and shall approve any expenditure of state 
 65.8   funds appropriated for purposes of this subdivision. 
 65.9      Sec. 66.  Minnesota Statutes 2000, section 43A.17, 
 65.10  subdivision 9, is amended to read: 
 65.11     Subd. 9.  [POLITICAL SUBDIVISION COMPENSATION LIMIT.] The 
 65.12  salary and the value of all other forms of compensation of a 
 65.13  person employed by a statutory or home rule charter city, 
 65.14  county, town, metropolitan or regional agency, or other 
 65.15  political subdivision of this state excluding a school district, 
 65.16  or employed under section 422A.03, may not exceed 95 percent of 
 65.17  the salary of the governor as set under section 15A.082, except 
 65.18  as provided in this subdivision.  Deferred compensation and 
 65.19  payroll allocations to purchase an individual annuity contract 
 65.20  for an employee are included in determining the employee's 
 65.21  salary.  Other forms of compensation which shall be included to 
 65.22  determine an employee's total compensation are all other direct 
 65.23  and indirect items of compensation which are not specifically 
 65.24  excluded by this subdivision.  Other forms of compensation which 
 65.25  shall not be included in a determination of an employee's total 
 65.26  compensation for the purposes of this subdivision are: 
 65.27     (1) employee benefits that are also provided for the 
 65.28  majority of all other full-time employees of the political 
 65.29  subdivision, vacation and sick leave allowances, health and 
 65.30  dental insurance, disability insurance, term life insurance, and 
 65.31  pension benefits or like benefits the cost of which is borne by 
 65.32  the employee or which is not subject to tax as income under the 
 65.33  Internal Revenue Code of 1986; 
 65.34     (2) dues paid to organizations that are of a civic, 
 65.35  professional, educational, or governmental nature; and 
 65.36     (3) reimbursement for actual expenses incurred by the 
 66.1   employee which the governing body determines to be directly 
 66.2   related to the performance of job responsibilities, including 
 66.3   any relocation expenses paid during the initial year of 
 66.4   employment. 
 66.5      The value of other forms of compensation shall be the 
 66.6   annual cost to the political subdivision for the provision of 
 66.7   the compensation.  The salary of a medical doctor or doctor of 
 66.8   osteopathy occupying a position that the governing body of the 
 66.9   political subdivision has determined requires an M.D. or D.O. 
 66.10  degree is excluded from the limitation in this subdivision.  The 
 66.11  commissioner may increase the limitation in this subdivision for 
 66.12  a position or class of positions that the commissioner has 
 66.13  determined requires special expertise necessitating a higher 
 66.14  salary to attract or retain a qualified person.  In making 
 66.15  determinations on the appropriate salary, the commissioner may 
 66.16  consider evidence of actual or anticipated difficulties in 
 66.17  attracting or retaining a qualified person or persons.  The 
 66.18  commissioner shall review each proposed increase giving due 
 66.19  consideration to salary rates paid to other persons with similar 
 66.20  responsibilities in the state and nation.  The commissioner may 
 66.21  not increase the limitation until the commissioner has presented 
 66.22  the proposed increase to the legislative coordinating commission 
 66.23  and received the commission's recommendation on it.  The 
 66.24  recommendation is advisory only.  If the commission does not 
 66.25  give its recommendation on a proposed increase within 30 days 
 66.26  from its receipt of the proposal, the commission is deemed to 
 66.27  have recommended approval. 
 66.28     Sec. 67.  [43A.235] [CO-PAYMENT REQUIRED.] 
 66.29     A collective bargaining agreement or compensation plan 
 66.30  providing state employee medical and dental insurance or 
 66.31  benefits must require a system of co-payments, including, but 
 66.32  not limited to, office visits and emergency or urgent care 
 66.33  visits, by the employee or a covered dependent. 
 66.34     Sec. 68.  Minnesota Statutes 2000, section 43A.38, 
 66.35  subdivision 1, is amended to read: 
 66.36     Subdivision 1.  [DEFINITIONS.] For the purpose of this 
 67.1   section the following definitions shall apply: 
 67.2      (a) "Business" means any corporation, partnership, 
 67.3   proprietorship, firm, enterprise, franchise, association, 
 67.4   organization, self-employed individual or any other legal entity 
 67.5   which engages either in nonprofit or profit making activities. 
 67.6      (b) "Confidential information" means any information 
 67.7   obtained under government authority which has not become part of 
 67.8   the body of public information and which, if released 
 67.9   prematurely or in nonsummary form, may provide unfair economic 
 67.10  advantage or adversely affect the competitive position of an 
 67.11  individual or a business. 
 67.12     (c) "Employee" has the meaning given in section 43A.02, 
 67.13  subdivision 21, and includes an executive officer listed in 
 67.14  Minnesota Constitution, article V, section 1. 
 67.15     (d) "Private interest" means any interest, including but 
 67.16  not limited to a financial interest, which pertains to a person 
 67.17  or business whereby the person or business would gain a benefit, 
 67.18  privilege, exemption or advantage from the action of a state 
 67.19  agency or employee that is not available to the general public. 
 67.20     Sec. 69.  Minnesota Statutes 2000, section 43A.38, 
 67.21  subdivision 6, is amended to read: 
 67.22     Subd. 6.  [DETERMINATION OF CONFLICTS OF INTEREST.] (a) 
 67.23  When an employee believes the potential for a conflict of 
 67.24  interest exists, it is the employee's duty to avoid the 
 67.25  situation.  A conflict of interest shall be deemed to exist when 
 67.26  a review of the situation by the employee, the appointing 
 67.27  authority or the commissioner determines any one of the 
 67.28  following conditions to be present: 
 67.29     (a) (1) the use for private gain or advantage of state 
 67.30  time, facilities, equipment or supplies or badge, uniform, 
 67.31  prestige or influence of state office or employment; 
 67.32     (b) (2) receipt or acceptance by the employee of any money 
 67.33  or other thing of value from anyone other than the state for the 
 67.34  performance of an act which the employee would be required or 
 67.35  expected to perform in the regular course or hours of state 
 67.36  employment or as part of the duties as an employee; 
 68.1      (c) (3) employment by a business which is subject to the 
 68.2   direct or indirect control, inspection, review, audit or 
 68.3   enforcement by the employee; or 
 68.4      (d) (4) the performance of an act in other than the 
 68.5   employee's official capacity which may later be subject directly 
 68.6   or indirectly to the control, inspection, review, audit or 
 68.7   enforcement by the employee.  
 68.8      (b) The chief administrative law judge, appointed under 
 68.9   section 14.48, instead of the commissioner, shall make 
 68.10  determinations concerning potential conflicts of interest for an 
 68.11  executive officer listed in Minnesota Constitution, article V, 
 68.12  section 1.  If the chief administrative law judge has a conflict 
 68.13  of interest in a determination under this section, the chief may 
 68.14  assign another administrative law judge to make the 
 68.15  determination. 
 68.16     Sec. 70.  Minnesota Statutes 2000, section 43A.38, 
 68.17  subdivision 7, is amended to read: 
 68.18     Subd. 7.  [RESOLUTION OF CONFLICT OF INTEREST.] (a) This 
 68.19  paragraph applies to an employee other than an executive officer 
 68.20  listed in Minnesota Constitution, article V, section 1.  If the 
 68.21  employee, appointing authority or commissioner determine that a 
 68.22  conflict of interest exists, the matter shall be assigned to 
 68.23  another employee who does not have a conflict of interest.  If 
 68.24  it is not possible to assign the matter to an employee who does 
 68.25  not have a conflict of interest, interested persons shall be 
 68.26  notified of the conflict and the employee may proceed with the 
 68.27  assignment. 
 68.28     (b) An executive officer listed in Minnesota Constitution, 
 68.29  article V, section 1, must attempt to avoid or mitigate a 
 68.30  potential conflict of interest to the greatest extent 
 68.31  practicable.  Any person may request the chief administrative 
 68.32  law judge to determine if a conflict of interest exists for an 
 68.33  executive officer listed in Minnesota Constitution, article V, 
 68.34  section 1.  If the chief administrative law judge determines 
 68.35  that a conflict of interest exists, any person may bring an 
 68.36  action in the district court in Ramsey county to enjoin an 
 69.1   executive officer listed in Minnesota Constitution, article V, 
 69.2   section 1, from engaging in activity that the chief 
 69.3   administrative law judge has determined to constitute a conflict 
 69.4   of interest under this section.  
 69.5      Sec. 71.  [116T.01] [DEFINITIONS.] 
 69.6      For purposes of this chapter: 
 69.7      (1) "board" means the board of directors of Northern 
 69.8   Technology Initiative, Inc.; and 
 69.9      (2) "corporation" means Northern Technology Initiative, Inc.
 69.10     Sec. 72.  [116T.02] [CORPORATION; MEMBERS; BOARD OF 
 69.11  DIRECTORS; POWERS.] 
 69.12     Subdivision 1.  [PUBLIC CORPORATION.] Northern Technology 
 69.13  Initiative, Inc. is a public corporation of the state and is not 
 69.14  subject to the laws governing a state agency except as provided 
 69.15  in this chapter.  The business of the corporation must be 
 69.16  conducted under the name "Northern Technology Initiative, Inc." 
 69.17     Subd. 2.  [PURPOSE.] Northern Technology Initiative, Inc. 
 69.18  is a regional economic initiative of Minnesota counties, 
 69.19  townships, home rule charter or statutory cities within 
 69.20  participating counties, economic development groups, state and 
 69.21  federal agencies, public and private post-secondary 
 69.22  institutions, and businesses.  The project area includes, at a 
 69.23  minimum, the counties of Carlton, Chisago, Isanti, Kanabec, and 
 69.24  Pine, but may be expanded as other contiguous counties elect to 
 69.25  participate.  The purpose of the corporation is to engage in an 
 69.26  integrated, jointly planned economic development effort with a 
 69.27  focus on encouraging growth among existing businesses and 
 69.28  attracting technology companies to the region served by the 
 69.29  corporation.  A home rule charter city, statutory city, county, 
 69.30  township, or other public entity participating in the initiative 
 69.31  may budget public funds for the initiative.  
 69.32     Subd. 3.  [BOARD OF DIRECTORS.] The corporation is governed 
 69.33  by a board of directors consisting of: 
 69.34     (1) a member of the governing body of each participating 
 69.35  county, appointed by the governing body; 
 69.36     (2) a member of the governing body of each participating 
 70.1   home rule charter or statutory city, appointed by the governing 
 70.2   body; 
 70.3      (3) the president of each participating post-secondary 
 70.4   institution; 
 70.5      (4) the commissioner of the department of trade and 
 70.6   economic development or an employee of the department designated 
 70.7   by the commissioner; and 
 70.8      (5) other members as may be provided by the bylaws adopted 
 70.9   and amended in accordance with subdivision 4. 
 70.10  The membership terms, compensation, removal, and filling of 
 70.11  vacancies of members of the board are governed by the bylaws of 
 70.12  the corporation. 
 70.13     Subd. 4.  [BYLAWS.] The board of directors shall adopt 
 70.14  bylaws and publish the bylaws and amendments to the bylaws in 
 70.15  the State Register.  The bylaws must provide for financial and 
 70.16  other contributions by participating entities to cover the 
 70.17  operation of the corporation. 
 70.18     Subd. 5.  [PLACES OF BUSINESS.] The board shall locate and 
 70.19  maintain the corporation's places of business within Carlton, 
 70.20  Chisago, Isanti, Kanabec, or Pine county. 
 70.21     Subd. 6.  [MEETINGS AND ACTIONS OF BOARD.] (a) The board 
 70.22  must meet at least twice a year and may hold additional meetings 
 70.23  upon giving notice in accordance with the bylaws of the 
 70.24  corporation.  Except as provided in subdivision 7, board 
 70.25  meetings are subject to chapter 13D. 
 70.26     (b) A conference among directors by any means of 
 70.27  communication through which the directors may simultaneously 
 70.28  hear each other during the conference constitutes a board 
 70.29  meeting if the number of directors participating in the 
 70.30  conference is sufficient to constitute a quorum for the 
 70.31  meeting.  Participation in a meeting by that means constitutes 
 70.32  presence in person at the meeting. 
 70.33     Subd. 7.  [CLOSED MEETINGS; RECORDING.] The board of 
 70.34  directors may, by a majority vote in a public meeting, decide to 
 70.35  hold a closed meeting for purposes of discussing data described 
 70.36  in subdivision 8 or security information, trade secret 
 71.1   information, or labor relations information, as defined in 
 71.2   section 13.37, subdivision 1.  The time and place of the closed 
 71.3   meeting must be announced at the public meeting.  A written roll 
 71.4   of members present at the closed meeting must be made available 
 71.5   to the public after the closed meeting.  The proceedings of a 
 71.6   closed meeting must be tape recorded.  The data on the tape are 
 71.7   nonpublic data or private data on individuals as defined in 
 71.8   section 13.02, subdivision 9 or 12, whichever is applicable. 
 71.9      Subd. 8.  [APPLICATION AND INVESTIGATIVE DATA.] Financial 
 71.10  data, statistics, and information furnished to the corporation 
 71.11  in connection with assistance or proposed assistance, including 
 71.12  credit reports; financial statements; statements of net worth; 
 71.13  income tax returns, either personal or corporate; and any other 
 71.14  business and personal financial records, are private data with 
 71.15  regard to data on individuals under section 13.02, subdivision 
 71.16  12, or nonpublic data with regard to data not on individuals 
 71.17  under section 13.02, subdivision 9. 
 71.18     Subd. 9.  [CONFLICT OF INTEREST.] A director, employee, or 
 71.19  officer of the corporation may not participate in or vote on a 
 71.20  decision of the board relating to an organization in which the 
 71.21  director has either a direct or indirect financial interest or a 
 71.22  conflict of interest as described in section 10A.07. 
 71.23     Subd. 10.  [TORT CLAIMS.] The corporation is a state agency 
 71.24  for purposes of section 3.736, except the corporation, not the 
 71.25  state, is responsible for paying for any tort liability. 
 71.26     Subd. 11.  [DATA PRACTICES AND RECORDS MANAGEMENT.] The 
 71.27  corporation is subject to chapter 13 and sections 15.17 and 
 71.28  138.163 to 138.226. 
 71.29     Sec. 73.  [116T.03] [CORPORATE PERSONNEL.] 
 71.30     Subdivision 1.  [GENERALLY.] The board shall appoint and 
 71.31  set the compensation for the executive director who serves as 
 71.32  chief executive officer of the corporation.  The compensation of 
 71.33  the executive director may not exceed 85 percent of the 
 71.34  governor's salary.  The board may designate the executive 
 71.35  director as its general agent.  Subject to the approval of the 
 71.36  board, the executive director shall employ staff consultants and 
 72.1   other agents necessary to carry out the mission of the 
 72.2   corporation. 
 72.3      Subd. 2.  [STATUS OF EMPLOYEES.] Employees, officers, and 
 72.4   directors of the corporation are not state employees, but are 
 72.5   covered by section 3.736 and, at the option of the board, 
 72.6   employees may participate in the state retirement plan for 
 72.7   employees in the unclassified service, the state deferred 
 72.8   compensation plan, and an insurance plan administered by the 
 72.9   commissioner of employee relations. 
 72.10     Sec. 74.  [116T.04] [POWERS AND DUTIES OF CORPORATION.] 
 72.11     Subdivision 1.  [GENERAL POWERS AND DUTIES.] (a) The 
 72.12  corporation has the powers granted to a nonprofit corporation by 
 72.13  section 317A.161, except as otherwise provided in this chapter. 
 72.14     (b) Except as specified in section 116T.02, subdivision 10, 
 72.15  the state is not liable for the obligations of the corporation. 
 72.16     (c) Section 317A.161 applies to this chapter and the 
 72.17  corporation in the same manner that it applies to business 
 72.18  corporations established under chapter 317A. 
 72.19     Subd. 2.  [RULES.] The corporation must publish in the 
 72.20  State Register any guidelines, policies, or eligibility criteria 
 72.21  prepared or adopted by the corporation for its programs. 
 72.22     Sec. 75.  [116T.05] [AUDITS.] 
 72.23     The corporation is subject to the auditing requirements of 
 72.24  sections 3.971 and 3.972. 
 72.25     Sec. 76.  [116T.06] [DISSOLUTION.] 
 72.26     In the event of dissolution of the corporation for any 
 72.27  reason, the bylaws must provide for return of the proceeds of 
 72.28  that liquidation and any wholly owned assets of the corporation 
 72.29  to the entities participating in Northern Technology Initiative, 
 72.30  Inc. in exchange for the assumption of all outstanding 
 72.31  obligations of the corporation. 
 72.32     Sec. 77.  Minnesota Statutes 2000, section 136F.07, is 
 72.33  amended to read: 
 72.34     136F.07 [CHANCELLOR.] 
 72.35     The board shall appoint a chancellor who shall serve in the 
 72.36  unclassified service.  The chancellor shall possess powers and 
 73.1   perform duties as delegated by the board.  The board shall set 
 73.2   the salary of the chancellor according to section 15A.0815 
 73.3   15A.081, subdivision 7c. 
 73.4      Sec. 78.  Minnesota Statutes 2000, section 136F.40, 
 73.5   subdivision 2, is amended to read: 
 73.6      Subd. 2.  [COMPENSATION CONTRACTS.] Notwithstanding any 
 73.7   other provision to the contrary, when establishing compensation 
 73.8   the board may provide, through a contract, a liquidated salary 
 73.9   amount or other compensation if a contract with a chancellor or 
 73.10  president is terminated by the board prior to its expiration. 
 73.11     Any benefits shall be excluded in computation of 
 73.12  retirement, insurance, and other benefits available through or 
 73.13  from the state.  Any benefits or additional compensation must be 
 73.14  as provided under the plan approved under section 43A.18, 
 73.15  subdivision 3a. (a) The board may enter into a contract with the 
 73.16  chancellor, a vice-chancellor, or a president, containing terms 
 73.17  and conditions of employment.  The terms of the contract must be 
 73.18  authorized under a plan approved under section 43A.18, 
 73.19  subdivision 3a. 
 73.20     (b) Notwithstanding section 43A.17, subdivision 11, or 
 73.21  other law to the contrary, a contract under this section may 
 73.22  provide a liquidated salary amount or other compensation if a 
 73.23  contract is terminated by the board prior to its expiration. 
 73.24     Sec. 79.  Minnesota Statutes 2000, section 138.35, is 
 73.25  amended by adding a subdivision to read: 
 73.26     Subd. 3.  [FEE.] The commissioner of administration may 
 73.27  charge state agencies, political subdivisions, and businesses a 
 73.28  fee for the cost of providing archaeological services as 
 73.29  prescribed in sections 138.31 to 138.41 and 307.08.  Fees 
 73.30  collected by the commissioner of administration must be 
 73.31  deposited in the state treasury and are appropriated to the 
 73.32  commissioner of administration to pay the cost of operating the 
 73.33  office of the state archaeologist.  The proposed fee rate must 
 73.34  be submitted to the commissioner of finance by August 1 of each 
 73.35  even-numbered year.  The commissioner of finance must approve 
 73.36  the fee rate. 
 74.1      Sec. 80.  Minnesota Statutes 2000, section 138.39, is 
 74.2   amended to read: 
 74.3      138.39 [RULES.] 
 74.4      The director of the historical society commissioner of 
 74.5   administration, in consultation with the state archaeologist, 
 74.6   may make and issue such adopt rules, not inconsistent with law, 
 74.7   as may be required to carry out the provisions of sections 
 74.8   138.31 to 138.42, and to carry out the state archaeologist's 
 74.9   duties under chapter 307.  In making such rules, they shall the 
 74.10  commissioner must consult with other agencies of the state whose 
 74.11  activities may be affected thereby. 
 74.12     Sec. 81.  Minnesota Statutes 2000, section 161.1419, 
 74.13  subdivision 8, is amended to read: 
 74.14     Subd. 8.  [EXPIRATION.] Notwithstanding section 15.059, the 
 74.15  commission shall expire on June 30, 2001 2005. 
 74.16     Sec. 82.  Minnesota Statutes 2000, section 161.32, 
 74.17  subdivision 1b, is amended to read: 
 74.18     Subd. 1b.  [LOWEST RESPONSIBLE BIDDER.] Trunk highway 
 74.19  construction contracts, including design-build contracts, must 
 74.20  be awarded to the lowest responsible bidder, taking into 
 74.21  consideration conformity with the specifications, the purpose 
 74.22  for which the contract or purchase is intended, the status and 
 74.23  capability of the vendor, and other considerations imposed in 
 74.24  the call for bids.  The commissioner may decide which is the 
 74.25  lowest responsible bidder for all contracts and may must use the 
 74.26  principles of life-cycle costing, where appropriate, in 
 74.27  determining the lowest overall bid.  Any or all bids may be 
 74.28  rejected.  In a case where competitive bids are required and 
 74.29  where all bids are rejected, new bids, if solicited, must be 
 74.30  called for as in the first instance, unless otherwise provided 
 74.31  by law. 
 74.32     Sec. 83.  Minnesota Statutes 2000, section 179A.15, is 
 74.33  amended to read: 
 74.34     179A.15 [MEDIATION.] 
 74.35     Once notice has been given under section 179A.14, the 
 74.36  employer or the exclusive representative may petition the 
 75.1   commissioner for mediation services.  
 75.2      A petition by an employer shall be signed by the employer 
 75.3   or an authorized officer or agent.  A petition by an exclusive 
 75.4   representative shall be signed by its authorized officer.  All 
 75.5   petitions shall be delivered to served on the commissioner in 
 75.6   person or sent by certified mail writing.  The petition shall 
 75.7   state briefly the nature of the disagreement of the parties.  
 75.8   Upon receipt of a petition and upon concluding that mediation 
 75.9   would be useful, the commissioner shall fix a time and place for 
 75.10  a conference with the parties to negotiate the issues not agreed 
 75.11  upon, and shall then take the most expedient steps to bring 
 75.12  about a settlement, including assisting in negotiating and 
 75.13  drafting an agreement.  
 75.14     If the commissioner determines that mediation would be 
 75.15  useful in resolving a dispute, the commissioner may mediate the 
 75.16  dispute even if neither party has filed a petition for 
 75.17  mediation.  In these cases, the commissioner shall proceed as if 
 75.18  a petition had been filed.  
 75.19     The commissioner shall not furnish mediation services to 
 75.20  any employee or employee representative who is not certified as 
 75.21  an exclusive representative.  
 75.22     All parties shall respond to the summons of the 
 75.23  commissioner for conferences and shall continue in conference 
 75.24  until excused by the commissioner. 
 75.25     Sec. 84.  Minnesota Statutes 2000, section 190.06, 
 75.26  subdivision 1, is amended to read: 
 75.27     Subdivision 1.  [COMPOSITION.] The militia shall consist of:
 75.28     (1) all able-bodied citizens of the state and other 
 75.29  able-bodied persons, residing in the state who have or shall 
 75.30  have declared their intention to become citizens of the United 
 75.31  States, when so authorized by federal law, who comply with the 
 75.32  minimum age requirements for federal regular military service 
 75.33  under United States Code, title 10, section 505, and who are not 
 75.34  more than 45 years of age; provided, that the governor may, when 
 75.35  the governor deems it necessary for the defense of the state, 
 75.36  extend the maximum age for militia service to not more than 64 
 76.1   years; and 
 76.2      (2) persons who enlist in, are commissioned in, or are 
 76.3   otherwise appointed to the Minnesota national guard in 
 76.4   accordance with applicable federal law and regulation, including 
 76.5   enlisted members, warrant officers, and commissioned officers. 
 76.6      Sec. 85.  Minnesota Statutes 2000, section 190.07, is 
 76.7   amended to read: 
 76.8      190.07 [APPOINTMENT; QUALIFICATIONS; RANK.] 
 76.9      There shall be an adjutant general of the state who shall 
 76.10  be appointed by the governor.  The adjutant general shall be a 
 76.11  staff officer, who at the time of appointment shall be a 
 76.12  commissioned officer of the national guard of this state, with 
 76.13  not less than ten years military service in the armed forces 
 76.14  national guard of this state or the armed forces of the United 
 76.15  States, at least three of which shall have been commissioned and 
 76.16  who shall have reached the grade of a field officer.  
 76.17     The adjutant general shall hold at least the rank of major 
 76.18  general and may be promoted to and including the highest rank 
 76.19  authorized under federal law.  However, the adjutant 
 76.20  general shall may not be appointed promoted to the rank of major 
 76.21  general without having at least 20 years service in the 
 76.22  Minnesota national guard, at least one of which one year has 
 76.23  been in the rank of brigadier general.  
 76.24     The term of the adjutant general is seven years from the 
 76.25  date of appointment.  Section 15.06, subdivisions 3, 4, and 5, 
 76.26  governs filling of vacancies in the office of adjutant general.  
 76.27  The adjutant general shall not be removed from office during a 
 76.28  term except upon withdrawal of federal recognition or as 
 76.29  otherwise provided by the military laws of this state. 
 76.30     Sec. 86.  Minnesota Statutes 2000, section 193.144, 
 76.31  subdivision 6, is amended to read: 
 76.32     Subd. 6.  [DISPOSAL OF UNUSED SITE.] In case any land 
 76.33  acquired for armory site purposes hereunder has been donated to 
 76.34  such corporation or to the state of Minnesota by such county or 
 76.35  municipality or by other governmental agency except the state, 
 76.36  and in case such land or any part thereof shall thereafter not 
 77.1   be used for armory purposes for a continuous period of more than 
 77.2   ten years, not including the period of any war or other 
 77.3   emergency in which the armed forces of the state may be engaged, 
 77.4   the county or municipality may provide written notice to the 
 77.5   adjutant general and, if the property is not used for armory 
 77.6   purposes within one year from the notice, the adjutant general 
 77.7   shall reconvey the property to the donor county or 
 77.8   municipality.  The adjutant general may reconvey the property in 
 77.9   less than ten years, if the adjutant general determines that the 
 77.10  corporation or the state has no further interest in the property.
 77.11     Sec. 87.  Minnesota Statutes 2000, section 193.145, 
 77.12  subdivision 4, is amended to read: 
 77.13     Subd. 4.  [PAYMENTS BY ADJUTANT GENERAL.] Whether or not 
 77.14  bonds are issued, the adjutant general is hereby authorized to 
 77.15  pay to such corporation, out of any moneys which may from time 
 77.16  to time be appropriated to and for the military department and 
 77.17  not appropriated or set apart for any other specific purpose, 
 77.18  the sum of not less than $3,000 per year for each unit of the 
 77.19  national guard quartered in such armory when only one such unit 
 77.20  is so quartered, and the sum of not less than $2,000 per year 
 77.21  for each additional unit when more than one such unit is so 
 77.22  quartered, and may bind the office of the adjutant general, both 
 77.23  currently and in the future, by agreement to such corporation to 
 77.24  make such payments in a specific amount or amounts out of such 
 77.25  appropriations for a period of not more than 40 years. 
 77.26     Sec. 88.  Minnesota Statutes 2000, section 193.148, is 
 77.27  amended to read: 
 77.28     193.148 [CONVEYANCE TO STATE.] 
 77.29     When payment has been made of all indebtedness incurred by 
 77.30  such corporation or of all funds spent by the corporation 
 77.31  incident to the procurement, erection, equipment, and operation 
 77.32  of any armory built under the provisions of sections 193.141 to 
 77.33  193.149, including the payment in full of the principal and 
 77.34  interest of all bonds issued by such corporation to cover the 
 77.35  cost of such armory or the full repayment of any commission 
 77.36  funds expended for the construction of such armory, such 
 78.1   corporation shall transfer and convey such armory building and 
 78.2   the site thereof to the state of Minnesota, for military 
 78.3   purposes, to be administered as are other state-owned armories.  
 78.4      Any unencumbered balance then held by the commission 
 78.5   accruing to such armory shall be retained to be applied to the 
 78.6   future maintenance, repair, and equipment of armories. 
 78.7      Sec. 89.  Minnesota Statutes 2000, section 197.75, 
 78.8   subdivision 1, is amended to read: 
 78.9      Subdivision 1.  [BENEFITS; ELIGIBILITY.] The commissioner 
 78.10  of veterans affairs shall spend a biennial appropriation for 
 78.11  tuition of veterans, and for tuition, fees, board, room, books 
 78.12  and supplies of the children of veterans who have died as a 
 78.13  result of their service in the armed forces of the United States 
 78.14  as determined by the United States Veterans Administration or 
 78.15  other instrumentality of the United States, in the University of 
 78.16  Minnesota, a state university, a community college, a technical 
 78.17  college, or any other university of higher learning within the 
 78.18  state accredited by the North Central Association of Colleges 
 78.19  and Secondary Schools, a law college approved by the supreme 
 78.20  court, a nursing school approved by the state board of nursing, 
 78.21  or in a trade, business, or vocational school in the state 
 78.22  approved by the state department of children, families, and 
 78.23  learning, or in a theological seminary, for any course which 
 78.24  such veteran or child may elect.  Not more than $350 $750 shall 
 78.25  be expended for the benefit of any individual veteran, and not 
 78.26  more than $350 $750 in any fiscal year shall be expended for the 
 78.27  benefit of any child under this section, and the need for the 
 78.28  benefit shall be established and determined by the commissioner 
 78.29  of veterans affairs.  No child of any veteran shall make 
 78.30  application for the benefits provided in this section unless the 
 78.31  child resided in Minnesota for at least two years immediately 
 78.32  prior to the date of the application.  Children of veterans 
 78.33  eligible for benefits according to this section shall be 
 78.34  admitted to state institutions of university grade free of 
 78.35  tuition until they receive a bachelors or equivalent degree.  
 78.36  Payments of benefits shall be made directly to the institution 
 79.1   in which the course of instruction is given or to the individual 
 79.2   on forms prescribed by the commissioner. 
 79.3      Sec. 90.  Minnesota Statutes 2000, section 197.75, 
 79.4   subdivision 2, is amended to read: 
 79.5      Subd. 2.  [LIMITATIONS.] The benefits in subdivision 1 are 
 79.6   not available to a veteran who is entitled to the same or 
 79.7   similar benefits under a law or regulation of the United States, 
 79.8   with the exceptions in paragraphs (a) and (b). 
 79.9      (a) except that a veteran who has been eligible for and has 
 79.10  used up the benefits the veteran is entitled to under the laws 
 79.11  of the United States is entitled to the benefits provided for by 
 79.12  subdivision 1. 
 79.13     (b) A veteran who has had less than ten years of 
 79.14  eligibility for educational assistance under federal law because 
 79.15  of the December 31, 1989, delimiting date and who has lost more 
 79.16  than four months of that eligibility is entitled to the benefits 
 79.17  provided for by subdivision 1. 
 79.18     Sec. 91.  Minnesota Statutes 2000, section 240A.08, is 
 79.19  amended to read: 
 79.20     240A.08 [APPROPRIATION.] 
 79.21     (a) $750,000 is appropriated annually from the general fund 
 79.22  to the Minnesota amateur sports commission for the purpose of 
 79.23  entering into long-term leases, use, or other agreements with 
 79.24  the metropolitan sports facilities commission for the conduct of 
 79.25  amateur sports activities at the basketball and hockey arena, 
 79.26  consistent with the purposes set forth in this chapter, 
 79.27  including (1) stimulating and promoting amateur sports, (2) 
 79.28  promoting physical fitness by promoting participation in sports, 
 79.29  (3) promoting the development of recreational amateur sport 
 79.30  opportunities and activities, and (4) promoting local, regional, 
 79.31  national, and international amateur sport competitions and 
 79.32  events.  The amateur sports commission shall determine what 
 79.33  constitutes amateur sports activities as provided in this 
 79.34  chapter as of March 1, 1995.  The metropolitan sports facilities 
 79.35  commission may allocate at least 25 but no more than 50 dates a 
 79.36  year for the conduct of amateur sports activities at the 
 80.1   basketball and hockey arena by the amateur sports commission.  
 80.2   At least 12 of the dates must be on a Friday, Saturday, or 
 80.3   Sunday.  The amateur sports commission may sell a date at the 
 80.4   arena to another group for any purpose.  Revenue from sale of 
 80.5   these dates is appropriated to the amateur sports commission for 
 80.6   purposes listed in section 240A.04.  If any amateur sports 
 80.7   activities conducted by the amateur sports commission at the 
 80.8   basketball and hockey arena are restricted to participants of 
 80.9   one gender, an equal number of activities on comparable days of 
 80.10  the week must be conducted for participants of the other gender, 
 80.11  but not necessarily in the same year.  The legislature reserves 
 80.12  the right to repeal or amend this appropriation, and does not 
 80.13  intend this appropriation to create public debt. 
 80.14     (b) The amateur sports commission shall not transmit to the 
 80.15  operator of the basketball and hockey arena payment of any 
 80.16  event-related costs or expenses, including, but not limited to, 
 80.17  personnel, labor, services, equipment, utilities, or supplies 
 80.18  attributable to the events unless and until the operator has 
 80.19  demonstrated, to the satisfaction of the amateur sports 
 80.20  commission, the basis for each specific cost or expense and the 
 80.21  means by which the costs and expenses were determined. 
 80.22     (c) The amateur sports commission may use any ticket system 
 80.23  as may be in place from time to time at the basketball and 
 80.24  hockey arena, provided that any royalty or rebate fees or 
 80.25  charges or surcharges on tickets received by the operator of the 
 80.26  arena from third parties must be credited against event-related 
 80.27  costs or expenses. 
 80.28     (d) In the establishment of event-related costs to be 
 80.29  imposed upon the amateur sports commission, the operator of the 
 80.30  basketball and hockey arena shall provide the amateur sports 
 80.31  commission with the maximum discount that the operator has 
 80.32  supplied to any other sponsor of a similar amateur sports event 
 80.33  in the arena within the 180-day period immediately preceding the 
 80.34  date of the amateur sports commission event. 
 80.35     (e) The amateur sports commission must report by August 1 
 80.36  each year to the chairs of the house and senate state government 
 81.1   finance divisions on compliance with this section and on the 
 81.2   total value of dates and ancillary services, and revenue derived 
 81.3   from resale of dates, during the previous state fiscal year. 
 81.4      (f) The attorney general, on behalf of the amateur sports 
 81.5   commission, must pursue collection of monetary damages from the 
 81.6   operator of the arena if the operator fails to comply with the 
 81.7   requirements of this section. 
 81.8      (g) The books, records, documents, accounting procedures, 
 81.9   and practices of the metropolitan sports facilities commission, 
 81.10  the Minneapolis community development agency, and any 
 81.11  corporation with which the Minnesota amateur sports commission 
 81.12  may contract for use of the basketball and hockey arena are 
 81.13  available for review by the Minnesota amateur sports commission, 
 81.14  the legislative auditor, and the chairs of the state government 
 81.15  finance divisions of the senate and the house of 
 81.16  representatives, subject to chapter 13 and section 473.598, 
 81.17  subdivision 4 to provide grants for soccer field development 
 81.18  under section 240A.13.  This section expires July 1, 2003. 
 81.19     Sec. 92.  [240A.13] [SOCCER FIELD DEVELOPMENT.] 
 81.20     Subdivision 1.  [GRANTS.] The commission may make matching 
 81.21  grants to political subdivisions of the state to develop new 
 81.22  soccer fields for amateur athletics.  In awarding grants, the 
 81.23  commission shall give priority to proposals from multiple 
 81.24  applicants.  To the extent possible, over time, the commission 
 81.25  shall disperse grants equally among the state's congressional 
 81.26  districts. 
 81.27     Subd. 2.  [MATCHING CRITERIA.] Each grant for soccer field 
 81.28  development under this section must be matched by recipient 
 81.29  communities or institutions in accordance with this 
 81.30  subdivision.  A matching contribution may include an in-kind 
 81.31  contribution of land; access roadways and access roadway 
 81.32  improvements; and necessary utility services, landscaping, and 
 81.33  parking.  The first $20,000 of a grant must be matched equally 
 81.34  by the recipient.  The portion of a grant that is more than 
 81.35  $20,000 but not more than $75,000 must be matched by the 
 81.36  recipient at a rate double the amount of that portion of the 
 82.1   grant.  The portion of a grant that is more than $75,000 must be 
 82.2   matched by the recipient at a rate of three times the amount of 
 82.3   that portion of the grant. 
 82.4      Sec. 93.  Minnesota Statutes 2000, section 317A.123, 
 82.5   subdivision 1, is amended to read: 
 82.6      Subdivision 1.  [STATEMENT.] A corporation may change its 
 82.7   registered office, designate or change its registered agent, or 
 82.8   state a change in the name of its registered agent, by filing 
 82.9   with the secretary of state a statement containing:  
 82.10     (1) the name of the corporation; 
 82.11     (2) if the address of its registered office is to be 
 82.12  changed, the new address of its registered office; 
 82.13     (3) if its registered agent is to be designated or changed, 
 82.14  the name of its new registered agent; 
 82.15     (4) if the name of its registered agent is to be changed, 
 82.16  the name of its registered agent as changed; 
 82.17     (5) a statement that the address of its registered office 
 82.18  and the address of the office of its registered agent, as 
 82.19  changed, will be identical; and 
 82.20     (6) a statement that the change of registered office or 
 82.21  registered agent was authorized by resolution approved by the 
 82.22  board. 
 82.23     The statement need not be accompanied by a filing fee if 
 82.24  the statement is being filed only to change the address of the 
 82.25  registered office. 
 82.26     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2002. 
 82.27     Sec. 94.  Minnesota Statutes 2000, section 317A.827, 
 82.28  subdivision 2, is amended to read: 
 82.29     Subd. 2.  [REINSTATEMENT.] A corporation dissolved under 
 82.30  section 317A.823 may retroactively reinstate its corporate 
 82.31  existence by filing a single annual registration and paying a 
 82.32  $25 fee.  Filing the annual registration with the secretary of 
 82.33  state:  
 82.34     (1) returns the corporation to active status as of the date 
 82.35  of the dissolution; 
 82.36     (2) validates contracts or other acts within the authority 
 83.1   of the articles, and the corporation is liable for those 
 83.2   contracts or acts; and 
 83.3      (3) restores to the corporation all assets and rights of 
 83.4   the corporation and its members to the extent they were held by 
 83.5   the corporation and its members before the dissolution occurred, 
 83.6   except to the extent that assets or rights were affected by acts 
 83.7   occurring after the dissolution or sold or otherwise distributed 
 83.8   after that time. 
 83.9      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 83.10  following final enactment. 
 83.11     Sec. 95.  Minnesota Statutes 2000, section 394.232, 
 83.12  subdivision 1, is amended to read: 
 83.13     Subdivision 1.  [GENERAL.] Each county is encouraged to 
 83.14  prepare and implement a community-based comprehensive 
 83.15  sustainable land use plan.  A community-based comprehensive plan 
 83.16  is a comprehensive plan that is consistent with the goals 
 83.17  of community-based sustainable land use planning in section 
 83.18  4A.08. 
 83.19     Sec. 96.  Minnesota Statutes 2000, section 394.232, is 
 83.20  amended by adding a subdivision to read: 
 83.21     Subd. 1a.  [RESIDENT PARTICIPATION.] Each county is 
 83.22  encouraged to develop a planning process with broad resident 
 83.23  participation that is early and continuous in order to build 
 83.24  local capacity to plan for sustainable development and to 
 83.25  benefit from the insights, knowledge, and support of local 
 83.26  residents. 
 83.27     Sec. 97.  Minnesota Statutes 2000, section 394.232, 
 83.28  subdivision 2, is amended to read: 
 83.29     Subd. 2.  [NOTICE AND PARTICIPATION.] Notice must be given 
 83.30  at the beginning of the community-based comprehensive 
 83.31  sustainable planning process to the office of strategic and 
 83.32  long-range planning, the department of natural resources, the 
 83.33  department of agriculture, the department of trade and economic 
 83.34  development, the board of water and soil resources, the 
 83.35  pollution control agency, the department of transportation, 
 83.36  local government units, and local citizens to actively 
 84.1   participate in the development of the plan.  An agency that is 
 84.2   invited to participate in the development of a local plan but 
 84.3   declines to do so and fails to participate or to provide written 
 84.4   comments during the plan development process waives the right 
 84.5   during the office's review and comment period to submit 
 84.6   comments, except for comments concerning consistency of the plan 
 84.7   with laws and rules administered by the agency.  In determining 
 84.8   the merit of the agency comment, the office shall consider the 
 84.9   involvement of the agency in the development of the plan.  The 
 84.10  office of strategic and long-range planning, after consulting 
 84.11  with the county, shall notify other state agencies about the 
 84.12  county's planning process and coordinate their participation.  
 84.13  Agencies are not required to participate but are expected to 
 84.14  provide information as requested by local officials and the 
 84.15  office of strategic and long-range planning.  Agencies may also 
 84.16  comment on the plan as it is being developed. 
 84.17     Sec. 98.  Minnesota Statutes 2000, section 394.232, 
 84.18  subdivision 3, is amended to read: 
 84.19     Subd. 3.  [COORDINATION.] A county that prepares a 
 84.20  community-based comprehensive sustainable plan shall coordinate 
 84.21  should ensure that its plan is developed in coordination with 
 84.22  the plans of its neighbors and its constituent municipalities 
 84.23  and towns in order both to prevent its plan from having an 
 84.24  adverse impact on other jurisdictions and to complement plans of 
 84.25  other jurisdictions.  The county's community-based comprehensive 
 84.26  plan must should incorporate the community-based comprehensive 
 84.27  plan of any municipality or town in the county prepared in 
 84.28  accordance with section 462.3535.  A county may incorporate a 
 84.29  municipal or town community-based comprehensive plan by 
 84.30  reference.  
 84.31     Sec. 99.  Minnesota Statutes 2000, section 394.232, 
 84.32  subdivision 4, is amended to read: 
 84.33     Subd. 4.  [LIMITED JOINT PLANNING.] Under the joint 
 84.34  exercise of powers provisions in section 471.59, a county may 
 84.35  establish a joint planning district with other counties, 
 84.36  municipalities, and towns, that are geographically 
 85.1   contiguous, to adopt a single community-based comprehensive plan 
 85.2   for the purpose of developing and implementing multiple 
 85.3   sustainable land use plans for the district.  The county may not 
 85.4   delegate its authority to adopt official controls under this 
 85.5   chapter to the board of the joint planning district. 
 85.6      Sec. 100.  Minnesota Statutes 2000, section 394.232, 
 85.7   subdivision 5, is amended to read: 
 85.8      Subd. 5.  [REVIEW AND COMMENT.] (a) For the purpose of 
 85.9   determining whether the plan conflicts with state laws and 
 85.10  rules, the county or joint planning district shall submit 
 85.11  its community-based comprehensive sustainable land use plan to 
 85.12  the office of strategic and long-range planning for review of 
 85.13  the extent to which the plan promotes local citizen 
 85.14  participation, promotes cooperation among adjacent communities, 
 85.15  and and comment.  The office shall also comment on the extent to 
 85.16  which the plan demonstrates consideration of the community-based 
 85.17  planning goals in section 4A.08.  The office has 60 days after 
 85.18  submittal to comment on the plan. 
 85.19     (b) The office may not disapprove a community-based 
 85.20  comprehensive plan if the office determines that the plan 
 85.21  promotes local citizen participation, promotes cooperation among 
 85.22  adjacent communities, and demonstrates consideration of the 
 85.23  community-based planning goals in section 4A.08.  
 85.24     (c) If the office disagrees with a community-based 
 85.25  comprehensive finds that the plan or any elements of the 
 85.26  plan are in conflict with state laws or rules or the goals in 
 85.27  section 4A.08, the office shall notify the county or district of 
 85.28  these findings in writing of how the plan specifically fails to 
 85.29  address the goals of community-based planning.  The findings are 
 85.30  advisory only and must not be used as a basis for providing or 
 85.31  refusing to provide any state aids.  Upon receipt of the 
 85.32  office's written comments, the county or district has 120 days 
 85.33  to revise amend the community-based comprehensive plan and 
 85.34  resubmit it to the office for reconsideration.  The county may 
 85.35  state in writing any disagreements with the findings.  
 85.36     (d) If the county or district refuses to revise the plan or 
 86.1   the office disagrees with the revised plan, the office shall 
 86.2   within 60 days notify the county or district that it wishes to 
 86.3   initiate the dispute resolution process in chapter 572A. 
 86.4      (e) Within 60 days of notice from the office, the county or 
 86.5   joint planning district shall notify the office of its intent to 
 86.6   enter the dispute resolution process.  If the county or district 
 86.7   refuses to enter the dispute resolution process, the county or 
 86.8   district is ineligible for any future grant disbursements 
 86.9   related to community-based planning activities through the 
 86.10  office. 
 86.11     (f) Priority for other state grants, loans, and other 
 86.12  discretionary spending must not be given to local units of 
 86.13  government based on their participation in community-based 
 86.14  planning. 
 86.15     Sec. 101.  Minnesota Statutes 2000, section 394.232, 
 86.16  subdivision 7, is amended to read: 
 86.17     Subd. 7.  [NO MANDAMUS PROCEEDING.] A mandamus proceeding 
 86.18  may not be instituted against a county under this section to 
 86.19  require the county to conform its community-based 
 86.20  comprehensive land use plan to be consistent with the 
 86.21  community-based planning goals in section 4A.08. 
 86.22     Sec. 102.  Minnesota Statutes 2000, section 403.11, 
 86.23  subdivision 1, is amended to read: 
 86.24     Subdivision 1.  [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each 
 86.25  customer of a telephone company or communications carrier that 
 86.26  provides service capable of originating a 911 emergency 
 86.27  telephone call is assessed a fee to cover the costs of ongoing 
 86.28  maintenance and related improvements for trunking and central 
 86.29  office switching equipment for minimum 911 emergency telephone 
 86.30  service, plus administrative and staffing costs of the 
 86.31  department of administration related to managing the 911 
 86.32  emergency telephone service program.  Recurring charges by a 
 86.33  public utility providing telephone service for updating the 
 86.34  information required by section 403.07, subdivision 3, must be 
 86.35  paid by the commissioner of administration if the utility is 
 86.36  included in an approved 911 plan and the charges have been 
 87.1   certified and approved under subdivision 3.  The commissioner of 
 87.2   administration shall transfer an amount equal to two cents a 
 87.3   month from the fee assessed under this section on cellular and 
 87.4   other nonwire access services to the commissioner of public 
 87.5   safety for the purpose of offsetting the costs, including 
 87.6   administrative and staffing costs, incurred by the state patrol 
 87.7   division of the department of public safety in handling 911 
 87.8   emergency calls made from cellular phones.  Money remaining in 
 87.9   the 911 emergency telephone service account after all other 
 87.10  obligations are paid must not cancel and is carried forward to 
 87.11  subsequent years and may be appropriated from time to time to 
 87.12  the commissioner of administration to provide financial 
 87.13  assistance to counties for the improvement of local emergency 
 87.14  telephone services.  The improvements may include providing 
 87.15  access to minimum 911 service for telephone service subscribers 
 87.16  currently without access and upgrading existing 911 service to 
 87.17  include automatic number identification, local location 
 87.18  identification, automatic location identification, and other 
 87.19  improvements specified in revised county 911 plans approved by 
 87.20  the department. 
 87.21     (b) The fee may not be less than eight cents nor more than 
 87.22  30 is 27 cents a month for each customer access line or other 
 87.23  basic access service, including trunk equivalents as designated 
 87.24  by the public utilities commission for access charge purposes 
 87.25  and including cellular and other nonwire access services.  The 
 87.26  fee must be the same for all customers.  
 87.27     (c) The fee must be collected by each company or carrier 
 87.28  providing service subject to the fee.  Fees are payable to and 
 87.29  must be submitted to the commissioner of administration monthly 
 87.30  before the 25th of each month following the month of collection, 
 87.31  except that fees may be submitted quarterly if less than $250 a 
 87.32  month is due, or annually if less than $25 a month is due.  
 87.33  Receipts must be deposited in the state treasury and credited to 
 87.34  a 911 emergency telephone service account in the special revenue 
 87.35  fund.  The money in the account may only be used for 911 
 87.36  telephone services as provided in paragraph (a).  
 88.1      (d) The commissioner of administration, with the approval 
 88.2   of the commissioner of finance, shall establish the amount of 
 88.3   the fee within the limits specified and inform the companies and 
 88.4   carriers of the amount to be collected.  Companies and carriers 
 88.5   must be given a minimum of 45 days' notice of fee changes. 
 88.6      (e) This subdivision does not apply to customers of a 
 88.7   telecommunications carrier as defined in section 237.01, 
 88.8   subdivision 6. 
 88.9      Sec. 103.  Minnesota Statutes 2000, section 462.351, is 
 88.10  amended to read: 
 88.11     462.351 [MUNICIPAL PLANNING AND DEVELOPMENT; STATEMENT OF 
 88.12  POLICY.] 
 88.13     The legislature finds that municipalities are faced with 
 88.14  mounting problems in providing means of guiding future 
 88.15  development of land so as to insure a safer, more pleasant and 
 88.16  more economical environment for residential, commercial, 
 88.17  industrial and public activities, to preserve are best served 
 88.18  when land uses decisions are locally controlled, and when such 
 88.19  plans avoid inflexible, centrally directed land use restrictions 
 88.20  and mandates that may result in unforeseen consequences.  The 
 88.21  preservation of agricultural and other open lands, and to 
 88.22  promote the is best accomplished by private means.  Government 
 88.23  ownership should, to the greatest extent possible, be limited to 
 88.24  the protection of public health, safety, and general 
 88.25  welfare.  Municipalities can prepare for anticipated changes and 
 88.26  by such preparations bring about significant savings in both 
 88.27  private and public expenditures.  Municipal planning, by 
 88.28  providing public guides to future municipal action, enables 
 88.29  other public and private agencies to plan their activities in 
 88.30  harmony with the municipality's plans.  Municipal planning will 
 88.31  assist in developing lands more wisely to serve citizens more 
 88.32  effectively, remaining flexible and adaptable to freely 
 88.33  functioning land markets, will make the provision of public 
 88.34  services less costly, and will achieve a more secure tax base.  
 88.35  It is the purpose of sections 462.351 to 462.364 to provide 
 88.36  municipalities, in a single body of law, with the necessary 
 89.1   powers and a uniform procedure for adequately conducting and 
 89.2   implementing municipal planning. 
 89.3      Sec. 104.  Minnesota Statutes 2000, section 462.352, 
 89.4   subdivision 5, is amended to read: 
 89.5      Subd. 5.  [COMPREHENSIVE MUNICIPAL PLAN.] "Comprehensive 
 89.6   municipal plan" means a compilation of policy statements, goals, 
 89.7   standards, and maps for guiding the physical, social and 
 89.8   economic development, both private and public, of the 
 89.9   municipality and its environs, including air space and 
 89.10  subsurface areas necessary for mined underground space 
 89.11  development pursuant to sections 469.135 to 469.141, and.  
 89.12  Comprehensive municipal plans may include, but is not limited 
 89.13  to, the following:  statements of policies, goals, standards, a 
 89.14  land use plan, including proposed densities for development, a 
 89.15  community facilities plan, a transportation plan, and 
 89.16  recommendations for plan execution.  A comprehensive plan 
 89.17  represents the planning agency's recommendations for the future 
 89.18  development of the community.  
 89.19     Sec. 105.  Minnesota Statutes 2000, section 462.352, 
 89.20  subdivision 6, is amended to read: 
 89.21     Subd. 6.  [LAND USE PLAN.] "Land use plan" means a 
 89.22  compilation of policy statements, goals, standards, and maps, 
 89.23  and action programs for guiding the future development of 
 89.24  private and public property.  The term includes plan must 
 89.25  include clear procedures to allow members of the public to 
 89.26  initiate a procedure to amend the plan, a plan designating types 
 89.27  of uses for the entire municipality as well as a specialized 
 89.28  plan showing specific areas or specific types of land uses, such 
 89.29  as residential, commercial, industrial, public or semipublic 
 89.30  uses or any combination of such uses.  A land use plan may also 
 89.31  include the proposed densities for development. 
 89.32     Sec. 106.  Minnesota Statutes 2000, section 462.3535, 
 89.33  subdivision 1, is amended to read: 
 89.34     Subdivision 1.  [GENERAL.] Each municipality is encouraged 
 89.35  to prepare and implement a community-based comprehensive 
 89.36  municipal plan.  A community-based comprehensive municipal plan 
 90.1   is a comprehensive plan that is consistent with the goals of 
 90.2   community-based planning in section 4A.08. 
 90.3      Sec. 107.  Minnesota Statutes 2000, section 462.3535, 
 90.4   subdivision 2, is amended to read: 
 90.5      Subd. 2.  [COORDINATION.] A municipality that prepares 
 90.6   a community-based comprehensive municipal plan that is 
 90.7   consistent with the goals in section 4A.08 shall coordinate its 
 90.8   plan with the plans, if any, of provide a copy of its plan to 
 90.9   the county and the municipality's neighbors both in order to 
 90.10  prevent the plan from having an determine if implementation of 
 90.11  the plan will result in any clear adverse impact impacts on 
 90.12  other jurisdictions and to complement the plans of other 
 90.13  jurisdictions.  The municipality shall prepare its plan to be 
 90.14  incorporated into the county's community-based comprehensive 
 90.15  plan, if the county is preparing or has prepared one, and shall 
 90.16  otherwise assist and cooperate with the county in its 
 90.17  community-based planning. 
 90.18     Sec. 108.  Minnesota Statutes 2000, section 462.3535, 
 90.19  subdivision 3, is amended to read: 
 90.20     Subd. 3.  [LIMITED JOINT PLANNING.] Under the joint 
 90.21  exercise of powers provisions in section 471.59, a municipality 
 90.22  may establish a joint planning district with other 
 90.23  municipalities or counties that are geographically contiguous, 
 90.24  to adopt a single community-based comprehensive plan for the 
 90.25  district for the purpose of jointly developing complementary 
 90.26  land use plans that are consistent with section 4A.08.  The 
 90.27  purpose of joint planning is to develop separate plans that are 
 90.28  unique to each municipality, but are not substantially in 
 90.29  conflict.  A municipality may not delegate its authority to 
 90.30  adopt official controls under sections 462.351 to 462.364, to 
 90.31  the board of the joint planning district. 
 90.32     Sec. 109.  Minnesota Statutes 2000, section 462.3535, 
 90.33  subdivision 4, is amended to read: 
 90.34     Subd. 4.  [CITIES; URBAN GROWTH AREAS.] (a) The 
 90.35  community-based comprehensive municipal plan for a statutory or 
 90.36  home rule charter city, and official controls to implement the 
 91.1   plan, must at a minimum, address any urban growth area 
 91.2   identified in a county plan and may establish an urban growth 
 91.3   area for the urbanized and urbanizing area.  The city plan must 
 91.4   establish a staged process for boundary adjustment to include 
 91.5   the urbanized or urbanizing area within corporate limits as the 
 91.6   urban growth area is developed and provided extending municipal 
 91.7   services to surrounding areas. 
 91.8      (b) Within the urban growth area, the plan must provide for 
 91.9   the staged provision of urban services, including, Such services 
 91.10  include, but are not limited to, water, wastewater collection 
 91.11  and treatment, and transportation.  
 91.12     Sec. 110.  Minnesota Statutes 2000, section 462.3535, 
 91.13  subdivision 10, is amended to read: 
 91.14     Subd. 10.  [NO MANDAMUS PROCEEDING.] A mandamus proceeding 
 91.15  may not be instituted against a municipality under this section 
 91.16  to require the municipality to conform its community-based 
 91.17  comprehensive land use plan to be consistent with the 
 91.18  community-based planning goals in section 4A.08. 
 91.19     Sec. 111.  Minnesota Statutes 2000, section 473.13, is 
 91.20  amended by adding a subdivision to read: 
 91.21     Subd. 1b.  [REPORT ON CONSULTANTS.] The annual budget must 
 91.22  list by contract or project, expenditures for consultants and 
 91.23  professional, technical, and other similar services for the 
 91.24  preceding fiscal year and those proposed or anticipated in the 
 91.25  next year.  The council shall consult with the state auditor and 
 91.26  the legislative auditor on how to coherently and effectively 
 91.27  communicate in the budget information on professional services 
 91.28  contracts, including a detailed description of the (1) methods 
 91.29  the council used to obtain consultant services, (2) criteria 
 91.30  used by the council to award the contract, (3) number of 
 91.31  consultants who sought the contract, (4) total cost of the 
 91.32  contract, (5) duration of the contract, (6) source of the funds 
 91.33  used to pay for the contract. 
 91.34     Sec. 112.  Minnesota Statutes 2000, section 473.1455, is 
 91.35  amended to read: 
 91.36     473.1455 [METROPOLITAN DEVELOPMENT GUIDE GOALS.] 
 92.1      The metropolitan council shall amend the metropolitan 
 92.2   development guide, as necessary, to reflect and implement the 
 92.3   community-based planning goals in section 4A.08.  The office of 
 92.4   strategic and long-range planning shall review and comment on 
 92.5   the metropolitan development guide.  The council may not approve 
 92.6   local comprehensive plans or plan amendments after July 1, 1999, 
 92.7   until the metropolitan council has received and considered 
 92.8   responded in writing to the comments of the office of strategic 
 92.9   and long-range planning. 
 92.10     Sec. 113.  [473.246] [LEGISLATIVE COMMISSION ON 
 92.11  METROPOLITAN GOVERNMENT; REVIEW.] 
 92.12     The metropolitan council shall submit to the legislative 
 92.13  commission on metropolitan government information on the 
 92.14  council's tax rates and dollar amounts levied for the current 
 92.15  year, proposed property tax rates and levies, operating and 
 92.16  capital budgets, work program, capital improvement program, and 
 92.17  any other information requested by the commission, for review by 
 92.18  the legislative commission, as provided in section 3.99. 
 92.19     Sec. 114.  Minnesota Statutes 2000, section 517.08, 
 92.20  subdivision 1b, is amended to read: 
 92.21     Subd. 1b.  [TERM OF LICENSE; FEE; PREMARITAL EDUCATION.] 
 92.22  (a) The court administrator shall examine upon oath the party 
 92.23  applying for a license relative to the legality of the 
 92.24  contemplated marriage.  If at the expiration of a five-day 
 92.25  period, on being satisfied that there is no legal impediment to 
 92.26  it, including the restriction contained in section 259.13, the 
 92.27  court administrator shall issue the license, containing the full 
 92.28  names of the parties before and after marriage, and county and 
 92.29  state of residence, with the district court seal attached, and 
 92.30  make a record of the date of issuance.  The license shall be 
 92.31  valid for a period of six months.  In case of emergency or 
 92.32  extraordinary circumstances, a judge of the district court of 
 92.33  the county in which the application is made, may authorize the 
 92.34  license to be issued at any time before the expiration of the 
 92.35  five days.  Except as provided in paragraph (b), the court 
 92.36  administrator shall collect from the applicant a fee of $70 for 
 93.1   administering the oath, issuing, recording, and filing all 
 93.2   papers required, and preparing and transmitting to the state 
 93.3   registrar of vital statistics the reports of marriage required 
 93.4   by this section.  If the license should not be used within the 
 93.5   period of six months due to illness or other extenuating 
 93.6   circumstances, it may be surrendered to the court administrator 
 93.7   for cancellation, and in that case a new license shall issue 
 93.8   upon request of the parties of the original license without 
 93.9   fee.  A court administrator who knowingly issues or signs a 
 93.10  marriage license in any manner other than as provided in this 
 93.11  section shall pay to the parties aggrieved an amount not to 
 93.12  exceed $1,000. 
 93.13     (b) The marriage license fee for parties who have completed 
 93.14  at least 12 hours of premarital education is $20.  In order to 
 93.15  qualify for the reduced fee, the parties must submit a signed 
 93.16  and dated statement from the person who provided the premarital 
 93.17  education confirming that it was received.  The premarital 
 93.18  education must be provided by a licensed or ordained minister or 
 93.19  the minister's designee, a person authorized to solemnize 
 93.20  marriages under section 517.18, or a person authorized to 
 93.21  practice marriage and family therapy under section 148B.33.  The 
 93.22  education must include the use of a premarital inventory and the 
 93.23  teaching of communication and conflict management skills.  
 93.24     (c) The statement from the person who provided the 
 93.25  premarital education under paragraph (b) must be in the 
 93.26  following form:  
 93.27     "I, (name of educator), confirm that (names of both 
 93.28  parties) received at least 12 hours of premarital education that 
 93.29  included the use of a premarital inventory and the teaching of 
 93.30  communication and conflict management skills.  I am a licensed 
 93.31  or ordained minister, a person authorized to solemnize marriages 
 93.32  under Minnesota Statutes, section 517.18, or a person licensed 
 93.33  to practice marriage and family therapy under Minnesota 
 93.34  Statutes, section 148B.33." 
 93.35     The names of the parties in the educator's statement must 
 93.36  be identical to the legal names of the parties as they appear in 
 94.1   the marriage license application.  Notwithstanding section 
 94.2   138.17, the educator's statement must be retained for seven 
 94.3   years, after which time it may be destroyed.  
 94.4      (b) (d) If section 259.13 applies to the request for a 
 94.5   marriage license, the court administrator shall grant the 
 94.6   marriage license without the requested name change.  
 94.7   Alternatively, the court administrator may delay the granting of 
 94.8   the marriage license until the party with the conviction: 
 94.9      (1) certifies under oath that 30 days have passed since 
 94.10  service of the notice for a name change upon the prosecuting 
 94.11  authority and, if applicable, the attorney general and no 
 94.12  objection has been filed under section 259.13; or 
 94.13     (2) provides a certified copy of the court order granting 
 94.14  it.  The parties seeking the marriage license shall have the 
 94.15  right to choose to have the license granted without the name 
 94.16  change or to delay its granting pending further action on the 
 94.17  name change request. 
 94.18     Sec. 115.  Minnesota Statutes 2000, section 517.08, 
 94.19  subdivision 1c, is amended to read: 
 94.20     Subd. 1c.  [DISPOSITION OF LICENSE FEE.] (a) Of the 
 94.21  marriage license fee collected pursuant to subdivision 
 94.22  1b, paragraph (a), $15 must be retained by the county.  The 
 94.23  court administrator shall must pay $55 to the state treasurer to 
 94.24  be deposited as follows: 
 94.25     (1) $50 in the general fund; 
 94.26     (2) $3 in the special revenue fund to be appropriated to 
 94.27  the commissioner of children, families, and learning for 
 94.28  supervised parenting time facilities under section 119A.37; and 
 94.29     (3) $2 in the special revenue fund to be appropriated to 
 94.30  the commissioner of health for developing and implementing the 
 94.31  MN ENABL program under section 145.9255. 
 94.32     (b) Of the $20 fee under subdivision 1b, paragraph (b), $15 
 94.33  must be retained by the county.  The state court administrator 
 94.34  must pay $5 to the state treasurer to be distributed as provided 
 94.35  in paragraph (a), clauses (2) and (3). 
 94.36     Sec. 116.  Minnesota Statutes 2000, section 645.44, is 
 95.1   amended by adding a subdivision to read: 
 95.2      Subd. 15a.  [MUST.] "Must" is mandatory. 
 95.3      Sec. 117.  Laws 1998, chapter 366, section 80, is amended 
 95.4   to read: 
 95.5      Sec. 80.  [SETTLEMENT DIVISION; TRANSFER OF JUDGES.] 
 95.6      The office of administrative hearings shall establish a 
 95.7   settlement division.  The workers' compensation judges at the 
 95.8   department of labor and industry, together with their support 
 95.9   staff, offices, furnishings, equipment, and supplies, are 
 95.10  transferred to the settlement division of the office of 
 95.11  administrative hearings.  Minnesota Statutes, section 15.039, 
 95.12  applies to the transfer of employees.  The settlement division 
 95.13  of the office of administrative hearings shall maintain offices 
 95.14  in the cities of St. Paul, Duluth, and Detroit Lakes.  The 
 95.15  office of a judge in the settlement division of the office of 
 95.16  administrative hearings and the support staff of the judge may 
 95.17  be located in a building that contains offices of the department 
 95.18  of labor and industry.  The seniority of a workers' compensation 
 95.19  judge at the office of administrative hearings, after the 
 95.20  transfer, shall be based on the total length of service as a 
 95.21  judge at either agency.  For purposes of the commissioner's plan 
 95.22  under Minnesota Statutes, section 43A.18, subdivision 2, all 
 95.23  compensation judges at the office of administrative hearings 
 95.24  shall be considered to be in the same employment condition, the 
 95.25  same organizational unit and qualified for work in either 
 95.26  division. 
 95.27     Sec. 118.  Laws 1998, chapter 404, section 23, subdivision 
 95.28  6, is amended to read:  
 95.29  Subd. 6.  St. Paul RiverCentre
 95.30  Arena                                                65,000,000
 95.31  This appropriation is from the general 
 95.32  fund to the commissioner of finance for 
 95.33  a loan to the city of St. Paul to 
 95.34  demolish the existing St. Paul 
 95.35  RiverCentre Arena and to design, 
 95.36  construct, furnish, and equip a new 
 95.37  arena.  This appropriation is not 
 95.38  available until the lessee to whom the 
 95.39  city has leased the arena has agreed to 
 95.40  make rental or other payments to the 
 95.41  city under the terms set forth in this 
 95.42  subdivision.  The loan is repayable 
 96.1   solely from and secured by the payments 
 96.2   made to the city by the lessee.  The 
 96.3   loan is not a public debt and the full 
 96.4   faith, credit, and taxing powers of the 
 96.5   city are not pledged for its repayment. 
 96.6   (a) $48,000,000 of the loan must be 
 96.7   repaid to the commissioner, without 
 96.8   interest, within 20 years from the date 
 96.9   of substantial completion of the arena 
 96.10  in accordance with the following 
 96.11  schedule: 
 96.12  (1) no repayments are due in the first 
 96.13  two years from the date of substantial 
 96.14  completion; 
 96.15  (2) in each of the years three to five, 
 96.16  the lessee must pay $1,250,000; 
 96.17  (3) in each of the years six to ten, 
 96.18  the lessee must pay $1,500,000; 
 96.19  (4) in each of the years 11 to 13, the 
 96.20  lessee must pay $2,000,000; 
 96.21  (5) in year 14, the lessee must pay 
 96.22  $3,000,000; 
 96.23  (6) in year 15, the lessee must pay 
 96.24  $4,000,000; and 
 96.25  (7) in each of the years 16 to 20, the 
 96.26  lessee must pay $4,750,000. 
 96.27  (b) The commissioner must deposit the 
 96.28  repayments in the state treasury and 
 96.29  credit them to the youth activities 
 96.30  account, which is hereby created in the 
 96.31  special revenue fund.  Money in the 
 96.32  youth activities account is available 
 96.33  for expenditure as appropriated by 
 96.34  law general fund. 
 96.35  (c) The loan may not be made until the 
 96.36  commissioner has entered into an 
 96.37  agreement with the city of St. Paul 
 96.38  identifying the rental or other 
 96.39  payments that will be made and 
 96.40  establishing the dates on and the 
 96.41  amounts in which the payments will be 
 96.42  made to the city and by the city to the 
 96.43  commissioner.  The payments may include 
 96.44  operating revenues and additional 
 96.45  payments to be made by the lessee under 
 96.46  agreements to be negotiated between the 
 96.47  commissioner, the city, and the 
 96.48  lessee.  Those agreements may include, 
 96.49  but are not limited to, an agreement 
 96.50  whereby the lessee pledges to provide 
 96.51  each year a letter of credit sufficient 
 96.52  to guarantee the payment of the amount 
 96.53  due for the next succeeding year; an 
 96.54  agreement whereby the lessee agrees to 
 96.55  maintain a net worth, certified each 
 96.56  year by a financial institution or 
 96.57  accounting firm satisfactory to the 
 96.58  commissioner, that is greater than the 
 96.59  balance due under the payment schedule 
 96.60  in paragraph (a); and any other 
 96.61  agreements the commissioner may deem 
 97.1   necessary to ensure that the payments 
 97.2   are made as scheduled. 
 97.3   (d) The agreements must provide that 
 97.4   the failure of the lessee to make a 
 97.5   payment due to the city under the 
 97.6   agreement is an event of default under 
 97.7   the lease between the city and the 
 97.8   lessee and that the state is entitled 
 97.9   to enforce the remedies of the lessor 
 97.10  under the lease in the event of 
 97.11  default.  Those remedies must include, 
 97.12  but need not be limited to, the 
 97.13  obligation of the lessee to pay the 
 97.14  balance due for the remainder of the 
 97.15  payment schedule in the event the 
 97.16  lessee ceases to operate a National 
 97.17  Hockey League team in the arena. 
 97.18  (e) By January 1, 1999, the 
 97.19  commissioner shall report to the chair 
 97.20  of the senate committee on state 
 97.21  government finance and the chair of the 
 97.22  house committee on ways and means the 
 97.23  terms of an agreement between the 
 97.24  lessee and the amateur sports 
 97.25  commission whereby the lessee agrees to 
 97.26  make the facilities of the arena 
 97.27  available to the commission on terms 
 97.28  satisfactory to the commission for 
 97.29  amateur sports activities consistent 
 97.30  with the purposes of Minnesota 
 97.31  Statutes, chapter 240A, each year 
 97.32  during the time the loan is 
 97.33  outstanding.  The amateur sports 
 97.34  commission must negotiate in good faith 
 97.35  and may be required to pay no more than 
 97.36  actual out-of-pocket expenses for the 
 97.37  time it uses the arena.  The agreement 
 97.38  may not become effective before 
 97.39  February 1, 1999.  During any calendar 
 97.40  year after 1999 that an agreement under 
 97.41  this paragraph is not in effect and a 
 97.42  payment is due under the schedule, the 
 97.43  lessee must pay to the commissioner a 
 97.44  penalty of $750,000 for that year.  If 
 97.45  the amateur sports commission has not 
 97.46  negotiated in good faith, no penalty is 
 97.47  due. 
 97.48     Sec. 119.  Laws 1999, chapter 250, article 1, section 115, 
 97.49  is amended to read: 
 97.50     Sec. 115.  [REPEALER.] 
 97.51     (a) Minnesota Rules, part 8275.0045, subpart 2, is repealed.
 97.52     (b) Minnesota Statutes 1998, sections 15.90; 15.91; 15.92; 
 97.53  16A.103, subdivision 3; 16E.11; 16E.12; and 16E.13, are repealed.
 97.54     (c) Laws 1991, chapter 235, article 5, section 3, as 
 97.55  amended by Laws 1995, chapter 254, article 1, section 91, is 
 97.56  repealed. 
 97.57     (d) Minnesota Statutes 1998, section 16A.1285, subdivisions 
 97.58  4 and 5, are repealed. 
 98.1      (e) Minnesota Statutes 1998, sections 207A.01; 207A.02; 
 98.2   207A.03; 207A.04; 207A.06; 207A.07; 207A.08; 207A.09; and 
 98.3   207A.10, are repealed. 
 98.4      (f) S.F. No. 2223 of the 1999 regular session, if enacted, 
 98.5   is repealed. 
 98.6      (g) Minnesota Statutes 1998, sections 4A.08; 4A.09; and 
 98.7   4A.10, are repealed. 
 98.8      Sec. 120.  Laws 1999, chapter 250, article 1, section 116, 
 98.9   is amended to read: 
 98.10     Sec. 116.  [EFFECTIVE DATE.] 
 98.11     (a) Section 41 is effective January 1, 2001.  Section 43 is 
 98.12  effective July 1, 2000, with respect to preparation of the model 
 98.13  policies and procedures by the commissioner of administration, 
 98.14  and January 1, 2001, with respect to the other provisions of 
 98.15  section 43. 
 98.16     (b) Sections 62 to 64 and 93 are effective January 1, 2001. 
 98.17     (c) Sections 94 to 100 are effective the day following 
 98.18  final enactment. 
 98.19     (d) Sections 47, 49, 55, and 115, paragraphs 
 98.20  paragraph (d) and (g), are effective July 1, 2001. 
 98.21     (e) Section 61 is effective the day following final 
 98.22  enactment and applies only to contracts executed on or after 
 98.23  that date. 
 98.24     (f) The commissioner of employee relations may not 
 98.25  implement the long-term care insurance plan under section 78 
 98.26  until April 1, 2000. 
 98.27     Sec. 121.  [APPLICATION.] 
 98.28     Sections 111 and 113 apply in the counties of Anoka, 
 98.29  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.  
 98.30     Sec. 122.  [REQUEST FOR PROPOSAL; INTERTECHNOLOGIES 
 98.31  SERVICES.] 
 98.32     By January 1, 2002, the commissioner of administration must 
 98.33  issue one or more requests for proposals covering all services 
 98.34  currently provided by the intertechnologies group in the 
 98.35  department of administration.  Current state employees, as well 
 98.36  as outside vendors, may respond to the request for proposals.  
 99.1   Based on the requests, the commissioner must enter into a 
 99.2   contract to provide services covered by the requests for 
 99.3   proposals for the period beginning July 1, 2002. 
 99.4      Sec. 123.  [URBAN RIVERS GUIDELINES.] 
 99.5      The office of strategic and long-range planning, in 
 99.6   consultation with appropriate and affected parties, must prepare 
 99.7   guidelines for sustainable development along the central 
 99.8   business districts of rivers in urban areas of the state.  The 
 99.9   office must: 
 99.10     (1) evaluate existing state and municipal laws; 
 99.11     (2) review federal legislation affecting urban rivers; and 
 99.12     (3) identify the technical and administrative procedures to 
 99.13  guide urban river development. 
 99.14     The draft guidelines must be made available to the 
 99.15  environmental and economic development policy committees of the 
 99.16  legislature, and to interested parties, by January 15, 2002. 
 99.17     Sec. 124.  [INITIAL BOARD.] 
 99.18     The initial board of Northern Technology, Inc. consists of 
 99.19  the president of Pine Technical College and one member of each 
 99.20  of the governing bodies of Carlton, Chisago, Isanti, Kanabec, 
 99.21  and Pine counties, appointed by the governing bodies.  Members 
 99.22  of the initial board must be appointed within 30 days of the 
 99.23  effective date of this act and must adopt bylaws within 30 days 
 99.24  of the appointment of the last board member appointed under this 
 99.25  section.  Any additional board members required under the bylaws 
 99.26  or Minnesota Statutes, section 116T.02, subdivision 3, must take 
 99.27  office or be appointed within 30 days after the adoption of 
 99.28  bylaws under this section. 
 99.29     Sec. 125.  [CAPITOL CAFETERIA; WINE AND BEER LICENSE.] 
 99.30     Notwithstanding Minnesota Statutes, section 340A.412, 
 99.31  subdivision 4, paragraph (a), clause (2), the city of St. Paul 
 99.32  may issue an on-sale wine and beer license under Minnesota 
 99.33  Statutes, section 340A.404, subdivision 5, for the premises in 
 99.34  the state capitol building known as the capitol cafeteria.  All 
 99.35  provisions of Minnesota Statutes, chapter 340A, not inconsistent 
 99.36  herewith, apply to the licenses authorized under this section.  
100.1      <b>[EFFECTIVE DATE.]</b> This section is effective on approval by 
100.2   the St. Paul city council and compliance with Minnesota 
100.3   Statutes, section 645.021.  
100.4      Sec. 126.  [MINNEAPOLIS PARK AND RECREATION BOARD.] 
100.5      The Minneapolis park and recreation board may solicit bids 
100.6   for and may lease that portion of the property known as the Fuji 
100.7   Ya restaurant that was acquired but not used to construct the 
100.8   Great River Road project for the purpose of operating a 
100.9   commercial food or entertainment facility that is compatible and 
100.10  consistent with a location adjacent to the Mississippi river.  
100.11  If the park board leases the property for such purpose, the park 
100.12  board shall otherwise comply with the provisions of Minnesota 
100.13  Statutes, section 16A.695, and relevant orders of the 
100.14  commissioner of finance.  Any funds derived from the state 
100.15  through lease payments will be deposited in the appropriate fund.
100.16     Sec. 127.  [HIAWATHA AVENUE LIGHT RAIL TRANSIT COST 
100.17  CALCULATION.] 
100.18     (a) The office of the legislative auditor shall prepare a 
100.19  complete accounting of all federal, state, and local costs 
100.20  relating to the Hiawatha avenue light rail transit line.  The 
100.21  cost accounting must include: 
100.22     (1) planning, environmental studies, and preliminary and 
100.23  final design and engineering for the project; 
100.24     (2) construction and other capital costs of the light rail 
100.25  transit line when completed; 
100.26     (3) improvements and repairs to and reconstruction of state 
100.27  and local streets and highways incurred and anticipated as a 
100.28  result of the project; 
100.29     (4) all costs of utility relocation resulting from the 
100.30  project; 
100.31     (5) all costs incurred by the department of transportation 
100.32  with respect to public information and communications about the 
100.33  project; 
100.34     (6) construction, acquisition, or lease of park-and-ride 
100.35  facilities that would serve project riders, including costs of 
100.36  relocating other public facilities to make room for those 
101.1   park-and-ride facilities; 
101.2      (7) projected costs of connecting the Hiawatha avenue light 
101.3   rail transit line with commuter rail facilities; 
101.4      (8) any costs necessitated by the project and included in 
101.5   the project budget for the reconstruction of marked trunk 
101.6   highway No. 55, to the extent not included under clause (3); and 
101.7      (9) all public costs relating to the acquisition of real 
101.8   property for the line and for the purchase and development of 
101.9   real property adjacent to the project right-of-way. 
101.10     (b) The legislative auditor shall submit an interim report 
101.11  of the cost accounting to the legislature by March 1, 2002, and 
101.12  shall submit a final report to the legislature by March 1, 2003. 
101.13     Sec. 128.  [PAY EQUITY STUDY.] 
101.14     The commissioner of employee relations shall convene a work 
101.15  group to examine the practices and progress of the local 
101.16  government pay equity act.  The commissioner must report the 
101.17  findings of the group to the legislature by January 15, 2002.  
101.18     Sec. 129.  [SHALL/MUST.] 
101.19     The revisor of statutes, in consultation with the directors 
101.20  of house research and senate counsel and research, must report 
101.21  to the house of representatives and senate rules committees and 
101.22  the legislative coordinating commission by November 1, 2001, on 
101.23  a proposal to change "shall" to "must" in Minnesota Statutes.  
101.24     Sec. 130.  [LOCATING STATE AGENCIES.] 
101.25     It is the policy of the Minnesota legislature to ensure 
101.26  that state government services are available to all people of 
101.27  our state. 
101.28     Therefore, the office of strategic and long-range planning, 
101.29  in cooperation with the departments of administration and 
101.30  finance, shall develop criteria for the proper location of state 
101.31  agencies or parts of state agencies.  The purpose of these 
101.32  criteria will be to evaluate the advantages and disadvantages of 
101.33  proposals to relocate and decentralize state services and 
101.34  facilities. 
101.35     The office shall report its recommendations to the senate 
101.36  finance committee, senate capital investment committee, house 
102.1   ways and means committee, and house capital investment committee 
102.2   by January 15, 2002. 
102.3      Sec. 131.  [RENT ADJUSTMENTS.] 
102.4      General fund appropriations in this act to state agencies 
102.5   for increased rent costs must be reduced by a total of 
102.6   $2,864,000.  The commissioner of finance must allocate this 
102.7   reduction proportionately among agencies and reduce 
102.8   appropriations to the agencies accordingly. 
102.9      Sec. 132.  [RATIFICATIONS.] 
102.10     Subdivision 1.  [UNREPRESENTED MANAGERS; MINNESOTA STATE 
102.11  COLLEGES AND UNIVERSITIES.] The amendments to the plan for 
102.12  administrators of the Minnesota state colleges and universities, 
102.13  approved by the legislative coordinating commission subcommittee 
102.14  on employee relations on July 21, 2000, are ratified. 
102.15     Subd. 2.  [SALARIES FOR HEADS OF STATE AGENCIES.] The 
102.16  proposal to increase the salaries of certain heads of state 
102.17  agencies, approved by the legislative coordinating commission 
102.18  subcommittee on employee relations on July 21, 2000, is ratified.
102.19     Subd. 3.  [ENGINEERS.] The arbitration award and labor 
102.20  agreement between the state of Minnesota and the Minnesota 
102.21  government engineers council, approved by the legislative 
102.22  coordinating commission subcommittee on employee relations on 
102.23  September 8, 2000, are ratified. 
102.24     Subd. 4.  [SALARIES FOR CERTAIN HEADS OF STATE 
102.25  AGENCIES.] The proposals to increase the salaries of the 
102.26  directors of the state board of investment and the teachers 
102.27  retirement association, as approved by the legislative 
102.28  coordinating commission subcommittee on employee relations on 
102.29  September 8, 2000, are ratified. 
102.30     Sec. 133.  [REVISOR'S INSTRUCTION.] 
102.31     The revisor of statutes shall renumber Minnesota Statutes, 
102.32  section 16B.88, as Minnesota Statutes, section 4.50. 
102.33     Sec. 134.  [TRANSFERS.] 
102.34     The office of citizenship and volunteer services is 
102.35  transferred from the department of administration to the office 
102.36  of the governor according to Minnesota Statutes, section 15.039. 
103.1      Sec. 135.  [REPEALER.] 
103.2      (a) Minnesota Statutes 2000, sections 3.9222; 8.31, 
103.3   subdivision 2c; 13.606, subdivision 2; 16B.37; 16B.58, 
103.4   subdivision 7; 129D.06; 394.232; 473.1455; 572A.01; and 572A.03, 
103.5   subdivision 2, are repealed. 
103.6      (b) Minnesota Statutes 2000, sections 13.202, subdivision 
103.7   8; 465.795; 465.796; 465.797; 465.7971; 465.798; 465.799; 
103.8   465.801; 465.802; 465.803; 465.83; 465.87; and 465.88, are 
103.9   repealed. 
103.10     (c) Minnesota Statutes 2000, sections 4A.07, subdivision 3; 
103.11  462.352, subdivision 18; and 462.3535, subdivisions 5, 6, 7, 8, 
103.12  and 9, are repealed. 
103.13     (d) Minnesota Statutes 2000, sections 16A.67; 16A.6701; and 
103.14  246.18, subdivision 7, are repealed. 
103.15     (e) Minnesota Statutes 2000, section 43A.18, subdivision 5, 
103.16  is repealed. 
103.17     Sec. 136.  [EFFECTIVE DATE.] 
103.18     Sections 9 and 10 are effective January 1, 2002.  Sections 
103.19  27 to 31 are effective July 1, 2002.  Sections 35, 54, 81, 119, 
103.20  and 120 are effective June 30, 2001.  Sections 67 to 70 are 
103.21  effective the day following final enactment.  Section 68 is a 
103.22  clarification of the law in effect before the effective date of 
103.23  section 68.  Sections 13; 38; 39; 77; 78; 83; 132; and 135, 
103.24  paragraph (e), are effective the day following final enactment.  
103.25  Section 135, paragraph (d), is effective December 31, 2001.  
103.26                             ARTICLE 3
103.27                             ELECTIONS
103.28     Section 1.  Minnesota Statutes 2000, section 103C.311, 
103.29  subdivision 1, is amended to read: 
103.30     Subdivision 1.  [SUPERVISORS ELECTED AT LARGE.] (a) The 
103.31  district board, after the initial election has been held, shall, 
103.32  with the approval of the state board, divide a district into 
103.33  five supervisor districts for purposes of nomination for 
103.34  election.  At each election after the division, one or more 
103.35  supervisors shall be nominated from each supervisor district.  A 
103.36  supervisor must be a resident of the supervisor district to be 
104.1   elected. 
104.2      (b) If the boundary of a soil and water conservation 
104.3   district has been substantially changed by a division of the 
104.4   district, the district shall be divided into five supervisor 
104.5   districts for nomination purposes.  
104.6      (c) This subdivision does not disqualify a supervisor 
104.7   during the term for which the supervisor was elected or 
104.8   nominated for election.  Supervisors nominated from the 
104.9   supervisor districts shall be included on the ballot for 
104.10  election from the entire area included in the soil and water 
104.11  conservation district.  
104.12     (d) A certified copy of the minutes or the resolution of 
104.13  the supervisors establishing supervisor districts must be 
104.14  promptly filed by the chair of the district board with the 
104.15  county auditor of the counties where the district is located and 
104.16  with the state board. 
104.17     Sec. 2.  [200.039] [PETITION REQUIREMENTS FOR BALLOT 
104.18  QUESTIONS.] 
104.19     If a statute: 
104.20     (1) provides that a ballot question may or must be placed 
104.21  on the ballot when a specified number of individuals have signed 
104.22  a petition, and 
104.23     (2) specifies the number of individuals required under the 
104.24  statute as a percentage of the individuals who voted in a 
104.25  previous election, 
104.26  the statute must be construed to mean that the petition must be 
104.27  signed by a number of current voters equal to the required 
104.28  percentage specified in the statute.  The statute must not be 
104.29  construed to restrict the eligibility to sign the petition to 
104.30  only those individuals who were eligible to cast ballots or who 
104.31  did cast ballots in the previous election. 
104.32     Sec. 3.  Minnesota Statutes 2000, section 201.016, 
104.33  subdivision 1a, is amended to read: 
104.34     Subd. 1a.  [VIOLATIONS; PENALTY.] (a) The county auditor 
104.35  shall mail a violation notice to any voter who the county 
104.36  auditor can determine has voted in a precinct other than the 
105.1   precinct in which the voter maintains residence.  The notice 
105.2   must be in the form provided by the secretary of state.  The 
105.3   county auditor shall also change the status of the voter in the 
105.4   statewide registration system to "challenged" and the voter 
105.5   shall be required to provide proof of residence to either the 
105.6   county auditor or to the election judges in the voter's precinct 
105.7   before voting in the next election.  Any of the forms authorized 
105.8   by section 201.061 for registration at the polling place may be 
105.9   used for this purpose. 
105.10     (b) A voter who votes in a precinct other than the precinct 
105.11  in which the voter maintains residence after receiving an 
105.12  initial violation notice as provided in this subdivision is 
105.13  guilty of a petty misdemeanor.  Any subsequent violation 
105.14     (c) A voter who votes in a precinct other than the precinct 
105.15  in which the voter maintains residence after having been found 
105.16  to have committed a petty misdemeanor under paragraph (b) is 
105.17  guilty of a misdemeanor. 
105.18     (d) A voter who votes in a precinct other than the precinct 
105.19  in which the voter maintains residence after having been 
105.20  convicted of a misdemeanor under paragraph (c), is guilty of a 
105.21  gross misdemeanor. 
105.22     (e) Reliance by the voter on inaccurate information 
105.23  regarding the location of the voter's polling place provided by 
105.24  the state, a county, or municipality is an affirmative defense 
105.25  to a prosecution under this subdivision. 
105.26     Sec. 4.  Minnesota Statutes 2000, section 201.022, is 
105.27  amended to read: 
105.28     201.022 [STATEWIDE REGISTRATION SYSTEM.] 
105.29     Subdivision 1.  [ESTABLISHMENT.] The secretary of state 
105.30  shall develop and implement maintain a statewide voter 
105.31  registration system to facilitate voter registration and to 
105.32  provide a central database containing voter registration 
105.33  information from around the state.  The system must be 
105.34  accessible to the county auditor of each county in the state.  
105.35     Subd. 2.  [RULES.] The secretary of state shall make 
105.36  permanent rules necessary to administer the system required in 
106.1   subdivision 1.  The rules must at least:  
106.2      (1) provide for voters to submit their registration to any 
106.3   county auditor, the secretary of state, or the department of 
106.4   public safety; 
106.5      (2) provide for the establishment and maintenance of a 
106.6   central database for all voter registration information; 
106.7      (3) provide procedures for entering data into the statewide 
106.8   registration system; 
106.9      (4) provide for interaction with the computerized driver's 
106.10  license records of the department of public safety; 
106.11     (5) allow the offices of all county auditors and the 
106.12  secretary of state to add, modify, and delete information from 
106.13  the system to provide for accurate and up-to-date records; 
106.14     (6) allow the offices of all county auditors and the 
106.15  secretary of state's office to have access to the statewide 
106.16  registration system for review and search capabilities; 
106.17     (7) provide security and protection of all information in 
106.18  the statewide registration system and to ensure that 
106.19  unauthorized entry is not allowed; 
106.20     (8) provide a system for each county to identify the 
106.21  precinct to which a voter should be assigned for voting 
106.22  purposes; and 
106.23     (9) prescribe a procedure for phasing in or converting 
106.24  existing computerized records to the statewide registration 
106.25  system; 
106.26     (10) prescribe a procedure for the return of completed 
106.27  voter registration forms from the department of public safety to 
106.28  the secretary of state or the county auditor; and. 
106.29     (11) provide alternate procedures, effective until December 
106.30  31, 1990, for updating voter records and producing polling place 
106.31  rosters for counties.  The secretary of state shall determine no 
106.32  later than June 1, 1990, whether these alternate procedures will 
106.33  be required. 
106.34     Sec. 5.  Minnesota Statutes 2000, section 201.061, 
106.35  subdivision 3, is amended to read: 
106.36     Subd. 3.  [ELECTION DAY REGISTRATION.] (a) An individual 
107.1   who is eligible to vote may register on election day by 
107.2   appearing in person at the polling place for the precinct in 
107.3   which the individual maintains residence, by completing a 
107.4   registration card, making an oath in the form prescribed by the 
107.5   secretary of state and providing proof of identification and 
107.6   residence.  
107.7      (b) An individual may prove residence identity for purposes 
107.8   of registering by showing one of the following: 
107.9      (1) showing a driver's license or Minnesota identification 
107.10  card issued pursuant to section 171.07; 
107.11     (2) showing any document approved by the secretary of state 
107.12  as proper a United States passport or military identification; 
107.13     (3) showing one of the following: 
107.14     (i) a current valid student identification card from a 
107.15  post-secondary educational institution in Minnesota, if a list 
107.16  of students from that institution has been prepared under 
107.17  section 135A.17 and certified to the county auditor in the 
107.18  manner provided in rules of the secretary of state; or 
107.19     (ii) (4) a current valid employee photo identification card 
107.20  issued by the state or by a political subdivision; 
107.21     (5) a current valid photo identification card issued by the 
107.22  health department to recipients of medical assistance; or 
107.23     (6) an identification card issued by the tribal government 
107.24  of a tribe recognized by the Bureau of Indian Affairs, 
107.25  Department of the Interior, that contains the name, residence 
107.26  address, signature, date of birth, and picture of the individual.
107.27     (c) In addition, an individual may prove residence for 
107.28  purposes of registration if the document shown in compliance 
107.29  with paragraph (b) does not contain the individual's current 
107.30  residence address by providing one of the following: 
107.31     (1) an electric, water, natural gas, garbage, sewer, 
107.32  telephone, or cable television bill that is due within 30 days 
107.33  after election day; 
107.34     (2) a Minnesota driver's license, learner's permit, or 
107.35  identification card, or a receipt for one of these; 
107.36     (3) notice of late voter registration; 
108.1      (4) a student list prepared under section 135A.17 and 
108.2   certified to the county auditor in the manner provided in rules 
108.3   of the secretary of state; 
108.4      (5) an identification card issued by the tribal government 
108.5   of a tribe recognized by the Bureau of Indian Affairs, 
108.6   Department of the Interior, that contains the name, residence 
108.7   address, signature, date of birth, and picture of the 
108.8   individual; 
108.9      (6) a current student fee statement that contains the 
108.10  student's valid address in the precinct together with a picture 
108.11  identification card; or 
108.12     (4) (7) having a voter who is registered to vote in the 
108.13  precinct sign an oath in the presence of the election judge 
108.14  vouching that the voter personally knows that the individual is 
108.15  a resident of the precinct.  A voter who has been vouched for on 
108.16  election day may not sign a proof of residence oath vouching for 
108.17  any other individual on that election day. 
108.18     (d) A county, school district, or municipality may must 
108.19  require that an election judge responsible for election day 
108.20  registration initial each completed registration card.  
108.21     <b>[EFFECTIVE DATE.]</b> This section is effective April 1, 2002. 
108.22     Sec. 6.  Minnesota Statutes 2000, section 201.071, 
108.23  subdivision 1, is amended to read: 
108.24     Subdivision 1.  [FORM.] A registration card must be of 
108.25  suitable size and weight for mailing and contain spaces for the 
108.26  following required information:  voter's first name, middle 
108.27  name, and last name; voter's previous name, if any; voter's 
108.28  current address; voter's previous address, if any; voter's date 
108.29  of birth; voter's municipality and county of residence; voter's 
108.30  telephone number, if provided by the voter; the final four 
108.31  digits of the voter's social security number (or the statement 
108.32  "NONE" if the voter has no social security number); date of 
108.33  registration; and voter's signature.  The card must also contain 
108.34  a certification of voter eligibility. 
108.35     The form of the voter registration card and the 
108.36  certification of voter eligibility must be as provided in the 
109.1   rules of the secretary of state.  Voter registration forms 
109.2   authorized by the National Voter Registration Act may also be 
109.3   accepted as valid. 
109.4      <b>[EFFECTIVE DATE.]</b> This section is effective April 1, 2002. 
109.5      Sec. 7.  Minnesota Statutes 2000, section 201.071, 
109.6   subdivision 3, is amended to read: 
109.7      Subd. 3.  [DEFICIENT REGISTRATION.] No registration is 
109.8   deficient if it contains the voter's name, address, date of 
109.9   birth, the final four digits of the voter's social security 
109.10  number (or the statement "NONE" if the voter has no social 
109.11  security number), prior registration, if any, and signature.  
109.12  The absence of a zip code number does not cause the registration 
109.13  to be deficient.  The election judges shall request an 
109.14  individual to correct a registration card if it is deficient or 
109.15  illegible or if the name or number of the voter's school 
109.16  district is missing or obviously incorrect.  No eligible voter 
109.17  may be prevented from voting unless the voter's registration 
109.18  card is deficient or the voter is duly and successfully 
109.19  challenged in accordance with section 201.195 or 204C.12. 
109.20     A registration card accepted prior to August 1, 1983, is 
109.21  not deficient for lack of date of birth.  The county or 
109.22  municipality may attempt to obtain the date of birth for a 
109.23  registration card accepted prior to August 1, 1983, by a request 
109.24  to the voter at any time except at the polling place.  Failure 
109.25  by the voter to comply with this request does not make the 
109.26  registration deficient. 
109.27     A registration card accepted before April 1, 2002, is not 
109.28  deficient for lack of the final four digits of the voter's 
109.29  social security number.  A county or municipality may attempt to 
109.30  obtain this information for a registration card accepted before 
109.31  April 1, 2002, by a request to the voter at any time except at 
109.32  the polling place.  Failure by the voter to comply with this 
109.33  request does not make the registration deficient. 
109.34     <b>[EFFECTIVE DATE.]</b> This section is effective April 1, 2002. 
109.35     Sec. 8.  Minnesota Statutes 2000, section 201.071, is 
109.36  amended by adding a subdivision to read: 
110.1      Subd. 9.  [EXISTING CARDS.] Existing stocks of registration 
110.2   cards printed before April 1, 2002, that do not contain the 
110.3   social security information required under this section may 
110.4   continue to be used until the stock is exhausted.  All 
110.5   registration cards printed after March 31, 2002, must conform 
110.6   with this section. 
110.7      <b>[EFFECTIVE DATE.]</b> This section is effective April 1, 2002. 
110.8      Sec. 9.  Minnesota Statutes 2000, section 201.071, is 
110.9   amended by adding a subdivision to read: 
110.10     Subd. 10.  [RULES.] The secretary of state shall adopt 
110.11  rules to provide for registration cards that conform with this 
110.12  section. 
110.13     Sec. 10.  Minnesota Statutes 2000, section 201.091, 
110.14  subdivision 1, is amended to read: 
110.15     Subdivision 1.  [MASTER LIST.] Each county auditor shall 
110.16  prepare and maintain a current list of registered voters in each 
110.17  precinct in the county which is known as the master list.  The 
110.18  master list must be created by entering each completed voter 
110.19  registration card received by the county auditor into the 
110.20  statewide registration system.  It must show the name, residence 
110.21  address, and date of birth of each voter registered in the 
110.22  precinct.  The information contained in the master list may only 
110.23  be made available to public officials for purposes related to 
110.24  election administration, jury selection, and in response to a 
110.25  law enforcement inquiry concerning a violation of or failure to 
110.26  comply with any criminal statute or state or local tax statute.  
110.27  If a copy of the master list is provided to a public official 
110.28  for jury selection or in response to a law enforcement inquiry 
110.29  described in this subdivision, the list may not include the 
110.30  final four digits of the social security number of any voter. 
110.31     Sec. 11.  Minnesota Statutes 2000, section 201.091, is 
110.32  amended by adding a subdivision to read: 
110.33     Subd. 1a.  [POLLING PLACE ROSTER.] A polling place roster 
110.34  produced from data maintained in the statewide voter 
110.35  registration file may not include the final four digits of the 
110.36  social security number of any voter. 
111.1      Sec. 12.  Minnesota Statutes 2000, section 201.091, 
111.2   subdivision 4, is amended to read: 
111.3      Subd. 4.  [PUBLIC INFORMATION LISTS.] (a) The county 
111.4   auditor shall make available for inspection a public information 
111.5   list which must contain the name, address, year of birth, and 
111.6   voting history of each registered voter in the county.  The 
111.7   telephone number must be included on the list if provided by the 
111.8   voter.  The public information list may also include information 
111.9   on voting districts.  The list must not contain the final four 
111.10  digits of the social security number of any voter.  The county 
111.11  auditor may adopt reasonable rules governing access to the list. 
111.12     (b) No individual inspecting the public information list 
111.13  shall tamper with or alter it in any manner.  No individual who 
111.14  inspects the public information list or who acquires a list of 
111.15  registered voters prepared from the public information list may 
111.16  use any information contained in the list for purposes unrelated 
111.17  to elections, political activities, or law enforcement.  The 
111.18  secretary of state may provide copies of the public information 
111.19  lists and other information from the statewide registration 
111.20  system for uses related to elections, political activities, or 
111.21  in response to a law enforcement inquiry from a public official 
111.22  concerning a failure to comply with any criminal statute or any 
111.23  state or local tax statute. 
111.24     (c) Before inspecting the public information list or 
111.25  obtaining a list of voters or other information from the list, 
111.26  the individual shall provide identification to the public 
111.27  official having custody of the public information list and shall 
111.28  state in writing that any information obtained from the list 
111.29  will not be used for purposes unrelated to elections, political 
111.30  activities, or law enforcement.  Requests to examine or obtain 
111.31  information from the public information lists or the statewide 
111.32  registration system must be made and processed in the manner 
111.33  provided in the rules of the secretary of state. 
111.34     (d) Upon receipt of a written request and a copy of the 
111.35  court order, the secretary of state may withhold from the public 
111.36  information list the name of any registered voter placed under 
112.1   court-ordered protection. 
112.2      (e) The inspection and copying of a roster signed by voters 
112.3   at a precinct on election day must be conducted in the same 
112.4   manner as the inspection and copying of a public information 
112.5   list under this section. 
112.6      <b>[EFFECTIVE DATE.]</b> This section is effective April 1, 2002. 
112.7      Sec. 13.  Minnesota Statutes 2000, section 201.155, is 
112.8   amended to read: 
112.9      201.155 [REPORT ON FELONY CONVICTIONS.] 
112.10     The state court administrator shall report at least monthly 
112.11  to the secretary of state the name, address, final four digits 
112.12  of the voter's social security number (or the statement "NONE" 
112.13  if the voter has no social security number), date of birth, date 
112.14  of sentence, effective date of the sentence, and county in which 
112.15  the conviction occurred of each person who has been convicted of 
112.16  a felony.  The state court administrator shall also report the 
112.17  name, address, final four digits of the voter's social security 
112.18  number (or the statement "NONE" if the voter has no social 
112.19  security number), and date of birth of each person previously 
112.20  convicted of a felony whose civil rights have been restored.  
112.21  The secretary of state shall determine if any of the persons in 
112.22  the report is registered to vote and shall prepare forward a 
112.23  list of those registrants for individuals to each county 
112.24  auditor.  The county auditor shall determine if any person 
112.25  identified in the report as a resident of the county is 
112.26  registered to vote in the county and change the status of those 
112.27  registrants each such registrant in the appropriate manner in 
112.28  the statewide registration system. 
112.29     Sec. 14.  [201.163] [DUTIES OF LOCAL JURISDICTIONS.] 
112.30     (a) If a political subdivision conducts an election at 
112.31  which a vacant office is to be filled or a ballot question is to 
112.32  be voted upon by the voters of the political subdivision, the 
112.33  political subdivision shall file a written notice of the 
112.34  election with the county auditor of each county in which the 
112.35  election is to be conducted.  The notice must be filed at least 
112.36  49 days before the date of the election. 
113.1      (b) The county auditor must file a notice with the 
113.2   secretary of state immediately after the notice of the election 
113.3   is filed with the auditor under section 205.16, subdivision 4, 
113.4   or 205A.07, subdivision 3, or notice of the election is filed 
113.5   with the county auditor by any political subdivision other than 
113.6   a municipality or school district.  The notice must set forth 
113.7   the name of the political subdivision, the date of the election, 
113.8   the vacant offices to be filled, or the text of the ballot 
113.9   question as the question will appear on the ballot. 
113.10     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2001. 
113.11     Sec. 15.  Minnesota Statutes 2000, section 202A.19, 
113.12  subdivision 1, is amended to read: 
113.13     Subdivision 1.  [LIMITS ON LOCAL GOVERNMENT MEETINGS.] 
113.14  No special taxing district governing body, school board, county 
113.15  board of commissioners, township board, or city council may 
113.16  conduct a meeting after 6:00 p.m. on the day of a major 
113.17  political party precinct caucus.  As used in this subdivision, 
113.18  "special taxing district" has the meaning given in section 
113.19  275.066. 
113.20     Sec. 16.  Minnesota Statutes 2000, section 203B.04, 
113.21  subdivision 1, is amended to read: 
113.22     Subdivision 1.  [APPLICATION PROCEDURES.] Except as 
113.23  otherwise allowed by subdivision 2, an application for absentee 
113.24  ballots for any election may be submitted at any time not less 
113.25  than one day before the day of that election.  The county 
113.26  auditor shall prepare absentee ballot application forms in the 
113.27  format provided in the rules of the secretary of state and shall 
113.28  furnish them to any person on request.  An application submitted 
113.29  pursuant to this subdivision shall be in writing and shall be 
113.30  submitted to:  
113.31     (a) the county auditor of the county where the applicant 
113.32  maintains residence; or 
113.33     (b) the municipal clerk of the municipality, or school 
113.34  district if applicable, where the applicant maintains residence. 
113.35     An application shall be approved if it is timely received, 
113.36  signed and dated by the applicant, contains the applicant's name 
114.1   and residence and mailing addresses, and states that the 
114.2   applicant is eligible to vote by absentee ballot for one of the 
114.3   reasons specified in section 203B.02.  The application may 
114.4   contain a request for the voter's date of birth, which must not 
114.5   be made available for public inspection.  An application may be 
114.6   submitted to the county auditor or municipal clerk by an 
114.7   electronic facsimile device, at the discretion of the auditor or 
114.8   clerk.  An application mailed or returned in person to the 
114.9   county auditor or municipal clerk on behalf of a voter by a 
114.10  person other than the voter must be deposited in the mail or 
114.11  returned in person to the county auditor or municipal clerk 
114.12  within ten days after it has been dated by the voter and no 
114.13  later than six days before the election.  The absentee ballot 
114.14  applications or a list of persons applying for an absentee 
114.15  ballot may not be made available for public inspection until the 
114.16  close of voting on election day.  
114.17     An application under this subdivision may contain an 
114.18  application under subdivision 5 to automatically receive an 
114.19  absentee ballot application. 
114.20     Sec. 17.  Minnesota Statutes 2000, section 203B.04, 
114.21  subdivision 5, is amended to read: 
114.22     Subd. 5.  [PERMANENT ILLNESS OR DISABILITY.] (a) An 
114.23  eligible voter who reasonably expects to be permanently unable 
114.24  to go to the polling place on election day because of illness or 
114.25  disability may apply to a county auditor or municipal clerk 
114.26  under this section to automatically receive an absentee ballot 
114.27  application before each election, other than an election by mail 
114.28  conducted under section 204B.45, and to have the status as a 
114.29  permanent absentee voter indicated on the voter's registration 
114.30  record. 
114.31     (b) The secretary of state shall adopt rules governing 
114.32  procedures under this subdivision. 
114.33     Sec. 18.  Minnesota Statutes 2000, section 203B.06, is 
114.34  amended by adding a subdivision to read: 
114.35     Subd. 3a.  [UNOFFICIAL BALLOTS.] If no official ballots are 
114.36  ready at the time absentee balloting is scheduled to begin or 
115.1   the supply is exhausted before absentee balloting ends, the 
115.2   county auditor or municipal clerk shall prepare unofficial 
115.3   ballots, printed or written as nearly as practicable in the form 
115.4   of the official ballots.  These ballots may be used until the 
115.5   official ballots are available. 
115.6      Sec. 19.  Minnesota Statutes 2000, section 203B.07, 
115.7   subdivision 1, is amended to read: 
115.8      Subdivision 1.  [DELIVERY OF ENVELOPES, DIRECTIONS.] The 
115.9   county auditor or the municipal clerk shall prepare, print, and 
115.10  transmit a return envelope, a ballot envelope, and a copy of the 
115.11  directions for casting an absentee ballot to each applicant 
115.12  whose application for absentee ballots is accepted pursuant to 
115.13  section 203B.04.  The directions for casting an absentee ballot 
115.14  shall be printed in at least 14-point bold type with heavy 
115.15  leading and may be printed on the ballot envelope.  When a 
115.16  person requests the directions in Braille or on cassette tape, 
115.17  the county auditor or municipal clerk shall provide them in the 
115.18  form requested.  The secretary of state shall prepare Braille 
115.19  and cassette copies and make them available.  
115.20     When a voter registration card is sent to the applicant as 
115.21  provided in section 203B.06, subdivision 4, the directions or 
115.22  registration card shall include instructions for registering to 
115.23  vote.  
115.24     Sec. 20.  Minnesota Statutes 2000, section 203B.11, is 
115.25  amended by adding a subdivision to read: 
115.26     Subd. 5.  [STUDY REGARDING VOTER PRIVACY.] The secretary of 
115.27  state shall conduct a study regarding procedures to ensure the 
115.28  privacy of voters in health care facilities while voting.  No 
115.29  later than December 31, 2002, the secretary of state shall file 
115.30  a report with the legislature setting forth the findings and 
115.31  recommendations of the secretary. 
115.32     Sec. 21.  Minnesota Statutes 2000, section 203B.16, 
115.33  subdivision 1, is amended to read: 
115.34     Subdivision 1.  [MILITARY SERVICE; TEMPORARY RESIDENCE 
115.35  OUTSIDE UNITED STATES.] Sections 203B.16 to 203B.27 provide 
115.36  alternative voting procedures for eligible voters who are absent 
116.1   from the precinct where they maintain residence because they are:
116.2      (a) (1) either in the military or the spouses or dependents 
116.3   of individuals serving in the military; or 
116.4      (b) (2) temporarily outside the territorial limits of the 
116.5   United States. 
116.6      Sections 203B.16 to 203B.27 are intended to implement the 
116.7   federal Uniformed and Overseas Citizens Absentee Voting Act, 
116.8   United States Code, title 42, section 1973ff. 
116.9      Sec. 22.  Minnesota Statutes 2000, section 203B.17, 
116.10  subdivision 1, is amended to read: 
116.11     Subdivision 1.  [SUBMISSION OF APPLICATION.] (a) An 
116.12  application for absentee ballots for a voter described in 
116.13  section 203B.16 may be submitted in writing or by electronic 
116.14  facsimile device, or by electronic mail upon determination by 
116.15  the secretary of state that security concerns have been 
116.16  adequately addressed.  An application for absentee ballots for a 
116.17  voter described in section 203B.16 may be submitted by that 
116.18  voter or by that voter's parent, spouse, sister, brother, or 
116.19  child over the age of 18 years.  For purposes of an application 
116.20  under this subdivision, a person's social security number, no 
116.21  matter how it is designated, qualifies as the person's military 
116.22  identification number if the person is in the military. 
116.23     (b) An application for a voter described in section 
116.24  203B.16, subdivision 1, shall be submitted to the county auditor 
116.25  of the county where the voter maintains residence. 
116.26     (c) An application for a voter described in section 
116.27  203B.16, subdivision 2, shall be submitted to the county auditor 
116.28  of the county where the voter last maintained residence in 
116.29  Minnesota. 
116.30     (d) An application for absentee ballots for a primary shall 
116.31  also constitute an application for absentee ballots for the any 
116.32  ensuing general or special election conducted during the same 
116.33  calendar year in which the application is received. 
116.34     (e) There shall be no limitation of time for filing and 
116.35  receiving applications for ballots under sections 203B.16 to 
116.36  203B.27.  
117.1      Sec. 23.  Minnesota Statutes 2000, section 204B.06, 
117.2   subdivision 1, is amended to read: 
117.3      Subdivision 1.  [FORM OF AFFIDAVIT.] (a) An affidavit of 
117.4   candidacy shall state the name of the office sought and shall 
117.5   state that the candidate:  
117.6      (a) (1) is an eligible voter; 
117.7      (b) (2) has no other affidavit on file as a candidate for 
117.8   any office at the same primary or next ensuing general election, 
117.9   except that a candidate for soil and water conservation district 
117.10  supervisor in a district not located in whole or in part in 
117.11  Anoka, Hennepin, Ramsey, or Washington county, may also have on 
117.12  file an affidavit of candidacy for mayor or council member of a 
117.13  statutory or home rule charter city of not more than 2,500 
117.14  population contained in whole or in part in the soil and water 
117.15  conservation district or for town supervisor in a town of not 
117.16  more than 2,500 population contained in whole or in part in the 
117.17  soil and water conservation district; and 
117.18     (c) (3) is, or will be on assuming the office, 21 years of 
117.19  age or more, and will have maintained residence in the district 
117.20  from which the candidate seeks election for 30 days before the 
117.21  general election. 
117.22     An affidavit of candidacy must include a statement that the 
117.23  candidate's name as written on the affidavit for ballot 
117.24  designation is the candidate's true name or the name by which 
117.25  the candidate is commonly and generally known in the community. 
117.26     An affidavit of candidacy for partisan office shall also 
117.27  state the name of the candidate's political party or political 
117.28  principle, stated in three words or less.  
117.29     (b) This subdivision does not apply to a candidate for 
117.30  president or vice-president of the United States. 
117.31     Sec. 24.  Minnesota Statutes 2000, section 204B.07, 
117.32  subdivision 2, is amended to read: 
117.33     Subd. 2.  [PETITIONS FOR PRESIDENTIAL ELECTORS.] On 
117.34  petitions nominating presidential electors, the names of the 
117.35  candidates for president and vice-president shall be added to 
117.36  the political party or political principle stated on the 
118.1   petition.  One petition may be filed to nominate a slate of 
118.2   presidential electors equal in number to the number of electors 
118.3   to which the state is entitled.  This subdivision does not apply 
118.4   to candidates for presidential elector nominated by major 
118.5   political parties.  Major party candidates for presidential 
118.6   elector are certified under section 208.03. 
118.7      Sec. 25.  Minnesota Statutes 2000, section 204B.09, 
118.8   subdivision 1, is amended to read: 
118.9      Subdivision 1.  [CANDIDATES IN STATE AND COUNTY GENERAL 
118.10  ELECTIONS.] (a) Except as otherwise provided by this 
118.11  subdivision, affidavits of candidacy and nominating petitions 
118.12  for county, state, and federal offices filled at the state 
118.13  general election shall be filed not more than 70 days nor less 
118.14  than 56 days before the state primary.  The affidavit may be 
118.15  prepared and signed at any time between 60 days before the 
118.16  filing period opens and the last day of the filing period. 
118.17     (b) Notwithstanding other law to the contrary, the 
118.18  affidavit of candidacy must be signed in the presence of a 
118.19  notarial officer or an individual authorized to administer oaths 
118.20  under section 358.10. 
118.21     (c) This provision does not apply to candidates for 
118.22  presidential elector nominated by major political parties.  
118.23  Major party candidates for presidential elector are certified 
118.24  under section 208.03.  Other candidates for presidential 
118.25  electors may file petitions on or before the state primary day.  
118.26  Nominating petitions to fill vacancies in nominations shall be 
118.27  filed as provided in section 204B.13.  No affidavit or petition 
118.28  shall be accepted later than 5:00 p.m. on the last day for 
118.29  filing. 
118.30     (d) Affidavits and petitions for offices to be voted on in 
118.31  only one county shall be filed with the county auditor of that 
118.32  county.  Affidavits and petitions for offices to be voted on in 
118.33  more than one county shall be filed with the secretary of state. 
118.34     Sec. 26.  Minnesota Statutes 2000, section 204B.09, 
118.35  subdivision 3, is amended to read: 
118.36     Subd. 3.  [WRITE-IN CANDIDATES.] (a) A candidate for state 
119.1   or federal office who wants write-in votes for the candidate to 
119.2   be counted must file a written request with the filing office 
119.3   for the office sought no later than the day before the general 
119.4   election.  The filing officer shall provide copies of the form 
119.5   to make the request.  
119.6      (b) A candidate for president of the United States who 
119.7   files a request under this subdivision must include the name of 
119.8   a candidate for vice-president of the United States.  The 
119.9   request must also include the name of at least one candidate for 
119.10  presidential elector.  The total number of names of candidates 
119.11  for presidential elector on the request may not exceed the total 
119.12  number of electoral votes to be cast by Minnesota in the 
119.13  presidential election. 
119.14     (c) A candidate for governor who files a request under this 
119.15  subdivision must include the name of a candidate for lieutenant 
119.16  governor. 
119.17     Sec. 27.  Minnesota Statutes 2000, section 204B.20, is 
119.18  amended to read: 
119.19     204B.20 [ELECTION BOARD; CHAIR HEAD ELECTION JUDGE; 
119.20  DUTIES.] 
119.21     The election judges appointed to serve in an election 
119.22  precinct shall constitute the election board for that precinct.  
119.23  The appointing authority shall designate one of the election 
119.24  judges in each precinct to serve as the chair of the election 
119.25  board head election judge.  The chair head election judge shall 
119.26  assign specific duties to the election judges of that precinct 
119.27  as necessary or convenient to complete forms, obtain signatures, 
119.28  and perform all the other duties required of election judges.  
119.29     Sec. 28.  Minnesota Statutes 2000, section 204B.22, 
119.30  subdivision 1, is amended to read: 
119.31     Subdivision 1.  [MINIMUM NUMBER REQUIRED.] (a) A minimum of 
119.32  three election judges shall be appointed for each precinct.  In 
119.33  a combined polling place under section 204B.14, subdivision 2, 
119.34  at least one judge must be appointed from each municipality in 
119.35  the combined polling place, provided that not less than three 
119.36  judges shall be appointed for each combined polling place.  The 
120.1   appointing authorities may appoint election judges for any 
120.2   precinct in addition to the number required by this subdivision 
120.3   including additional election judges to count ballots after 
120.4   voting has ended. 
120.5      (b) An election judge may serve for all or part of election 
120.6   day, at the discretion of the appointing authority, as long as 
120.7   the minimum number of judges required is always present.  The 
120.8   head election judge designated under section 204B.20 must serve 
120.9   for all of election day and be present in the polling place 
120.10  unless another election judge has been designated by the head 
120.11  election judge to perform the functions of the head election 
120.12  judge during any absence. 
120.13     Sec. 29.  Minnesota Statutes 2000, section 204B.22, 
120.14  subdivision 3, is amended to read: 
120.15     Subd. 3.  [MINIMUM NUMBER REQUIRED IN CERTAIN PRECINCTS.] 
120.16  At each state primary or state general election in precincts 
120.17  using lever voting machines or an electronic voting system with 
120.18  marking devices and in which more than 400 votes were cast at 
120.19  the last similar election, the minimum number of election judges 
120.20  is three plus one judge to demonstrate the use of the voting 
120.21  machine or device. 
120.22     Sec. 30.  Minnesota Statutes 2000, section 204B.23, is 
120.23  amended to read: 
120.24     204B.23 [VACANCIES AMONG ELECTION JUDGES.] 
120.25     A vacancy on an election board occurs when any election 
120.26  judge who is a member of that board:  
120.27     (a) Fails to arrive at the polling place within 30 minutes 
120.28  after the time when the polling place is scheduled to open; 
120.29     (b) Becomes unable to perform the duties of the office 
120.30  after assuming those duties; or 
120.31     (c) For any reason fails or refuses to perform the duties 
120.32  of the office as assigned by the chair of the election board 
120.33  head election judge. 
120.34     When a vacancy occurs, the remaining election judges of the 
120.35  precinct shall elect an individual to fill the vacancy subject 
120.36  to the provisions of section 204B.19.  When possible the 
121.1   election judges shall elect individuals who have been trained as 
121.2   election judges pursuant to section 204B.25.  The oath signed by 
121.3   the new election judge shall indicate that the new election 
121.4   judge was elected to fill a vacancy.  The municipal clerk may 
121.5   assign election judges to fill vacancies as they occur. 
121.6      Sec. 31.  Minnesota Statutes 2000, section 204B.27, is 
121.7   amended by adding a subdivision to read: 
121.8      Subd. 11.  [TRANSLATION OF VOTING INSTRUCTIONS.] The 
121.9   secretary of state may develop voting instructions in languages 
121.10  other than English, to be posted and made available in polling 
121.11  places during elections.  The secretary of state shall determine 
121.12  which languages are so common in Minnesota that there is a need 
121.13  for translated voting instructions. 
121.14     Sec. 32.  Minnesota Statutes 2000, section 204B.28, 
121.15  subdivision 1, is amended to read: 
121.16     Subdivision 1.  [MEETING WITH ELECTION OFFICIALS.] At least 
121.17  12 weeks before each regularly scheduled general election, each 
121.18  county auditor shall conduct a meeting with local election 
121.19  officials to review the procedures for the election.  The county 
121.20  auditor may require the chairs of the election boards head 
121.21  election judges in the county to attend this meeting. 
121.22     Sec. 33.  Minnesota Statutes 2000, section 204B.45, 
121.23  subdivision 2, is amended to read: 
121.24     Subd. 2.  [PROCEDURE.] (a) The deadline established under 
121.25  section 204B.16, subdivision 3, for designating a new or 
121.26  different polling place applies to an election described by this 
121.27  subdivision.  
121.28     (b) Notice of the election and the special mail procedure 
121.29  must be given at least six weeks prior to the election.  No 
121.30  earlier than 20 days or later than 14 days prior to the 
121.31  election, the auditor shall mail ballots by nonforwardable mail 
121.32  to all voters registered in the town or unorganized territory.  
121.33     (c) Eligible voters not registered at the time the ballots 
121.34  are mailed may apply for ballots as provided in chapter 203B.  
121.35     (d) Ballot return envelopes, with return postage provided, 
121.36  must be preaddressed to the auditor or clerk and the voter may 
122.1   return the ballot by mail or in person to the office of the 
122.2   auditor or clerk.  The costs of the mailing shall be paid by the 
122.3   election jurisdiction in which the voter resides.  
122.4      (e) Any ballot received by 8:00 p.m. on the day of the 
122.5   election must be counted.  
122.6      Sec. 34.  Minnesota Statutes 2000, section 204B.46, is 
122.7   amended to read: 
122.8      204B.46 [MAIL ELECTIONS; QUESTIONS.] 
122.9      A county, municipality, or school district submitting 
122.10  questions to the voters at a special election may apply to the 
122.11  county auditor for approval of an election by mail with no 
122.12  polling place other than the office of the auditor or clerk.  No 
122.13  more than two questions may be submitted at a mail election and 
122.14  no offices may be voted on.  The deadline established under 
122.15  section 204B.16, subdivision 3, for designating a new or 
122.16  different polling place applies to an election described by this 
122.17  section.  Notice of the election and the special mail procedure 
122.18  must be given at least six weeks prior to the election.  No 
122.19  earlier than 20 or later than 14 days prior to the election, the 
122.20  auditor or clerk shall mail ballots by nonforwardable mail to 
122.21  all voters registered in the county, municipality, or school 
122.22  district.  Eligible voters not registered at the time the 
122.23  ballots are mailed may apply for ballots pursuant to chapter 
122.24  203B.  
122.25     Sec. 35.  [204B.48] [VOTING EQUIPMENT GRANT ACCOUNT.] 
122.26     A voting equipment grant fund is created to provide grants 
122.27  to political subdivisions for the purchase of ballot tabulation 
122.28  equipment.  Any funds disbursed by the federal government to the 
122.29  state for the improvement of election administration or 
122.30  equipment must be deposited in this account.  The secretary of 
122.31  state may make a grant from the fund to a political subdivision, 
122.32  after certifying to the commissioner of finance that: 
122.33     (1) the grant will be used only for purchase of ballot 
122.34  tabulation equipment, which may include equipment that makes it 
122.35  possible for individuals with disabilities to cast a secret 
122.36  ballot; 
123.1      (2) the political subdivision to receive the grant has 
123.2   insufficient resources available to purchase the equipment; and 
123.3      (3) the recipient of the grant will provide a 
123.4   dollar-for-dollar match, which may not come from state or 
123.5   federal funds. 
123.6      Sec. 36.  Minnesota Statutes 2000, section 204C.03, 
123.7   subdivision 1, is amended to read: 
123.8      Subdivision 1.  [SCHOOL DISTRICTS; COUNTIES; 
123.9   MUNICIPALITIES; SPECIAL TAXING DISTRICTS.] No special taxing 
123.10  district governing body, school board, county board of 
123.11  commissioners, city council, or town board of supervisors shall 
123.12  conduct a meeting between 6:00 p.m. and 8:00 p.m. on the day 
123.13  that an election is held within the boundaries of the special 
123.14  taxing district, school district, county, city, or town.  As 
123.15  used in this subdivision, "special taxing district" has the 
123.16  meaning given in section 275.066. 
123.17     Sec. 37.  Minnesota Statutes 2000, section 204C.10, is 
123.18  amended to read: 
123.19     204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 
123.20  REGISTRATION.] 
123.21     (a) An individual seeking to vote shall sign a polling 
123.22  place roster which states that the individual is at least 18 
123.23  years of age, a citizen of the United States, has resided in 
123.24  Minnesota for 20 days immediately preceding the election, 
123.25  certifies residence at the address shown, is not under 
123.26  guardianship of the person, has not been found by a court of law 
123.27  to be legally incompetent to vote or convicted of a felony 
123.28  without having civil rights restored, is registered and has not 
123.29  already voted in the election.  
123.30     (b) A judge may shall, before the applicant signs the 
123.31  roster, confirm the applicant's identity by requiring a picture 
123.32  identification card or document issued by the United States or 
123.33  Minnesota or an identification card issued by the tribal 
123.34  government of a tribe recognized by the Bureau of Indian 
123.35  Affairs, Department of the Interior, and may confirm the 
123.36  applicant's name, address, and date of birth.  If an applicant 
124.1   does not have a card or document described by this section, the 
124.2   applicant may sign the roster after executing an affidavit 
124.3   before the judge.  The affidavit must state: 
124.4      (1) the name of the applicant; 
124.5      (2) that the applicant does not have a picture 
124.6   identification card or document issued by the United States or 
124.7   Minnesota or an identification card issued by the tribal 
124.8   government of a tribe recognized by the Bureau of Indian 
124.9   Affairs, Department of the Interior, that contains the name, 
124.10  residence address, signature, date of birth, and picture of the 
124.11  applicant; and 
124.12     (3) that the applicant swears or affirms that the applicant 
124.13  is the same individual whose name is listed on the roster for 
124.14  this precinct. 
124.15     (c) After the applicant signs the roster, the judge shall 
124.16  give the applicant a voter's receipt.  The voter shall deliver 
124.17  the voter's receipt to the judge in charge of ballots as proof 
124.18  of the voter's right to vote, and thereupon the judge shall hand 
124.19  to the voter the ballot.  The voters' receipts must be 
124.20  maintained during the time for notice of filing an election 
124.21  contest. 
124.22     <b>[EFFECTIVE DATE.]</b> This section is effective April 1, 2002. 
124.23     Sec. 38.  Minnesota Statutes 2000, section 204C.35, is 
124.24  amended to read: 
124.25     204C.35 [LEGISLATIVE AND FEDERAL, STATE, AND JUDICIAL 
124.26  RACES.] 
124.27     Subdivision 1.  [AUTOMATIC RECOUNTS.] (a) In a state 
124.28  primary when the difference between the votes cast for the 
124.29  candidates for nomination to a statewide federal office, state 
124.30  constitutional office, statewide judicial office, congressional 
124.31  office, state legislative office, or to a district judicial 
124.32  office is 100 or less, the difference: 
124.33     (1) is less than ten one-half of one percent of the total 
124.34  number of votes counted for that nomination; or 
124.35     (2) is ten votes or less and the total number of votes cast 
124.36  for the nomination is 400 votes or less; 
125.1   and the difference determines the nomination, the canvassing 
125.2   board with responsibility for declaring the results for that 
125.3   office shall recount the vote.  
125.4      (b) In a state general election when the difference between 
125.5   the votes of a candidate who would otherwise be declared elected 
125.6   to a statewide federal office, state constitutional office, 
125.7   statewide judicial office, congressional office, state 
125.8   legislative office, or to a district judicial office and the 
125.9   votes of any other candidate for that office: 
125.10     (1) is 100 or less than one-half of one percent of the 
125.11  total number of votes counted for that office; or 
125.12     (2) is ten votes or less if the total number of votes cast 
125.13  for the office is 400 votes or less, 
125.14  the canvassing board shall recount the votes. 
125.15     (c) A recount shall must not delay any other part of the 
125.16  canvass.  The results of the recount shall must be certified by 
125.17  the canvassing board as soon as possible.  
125.18     (d) Time for notice of a contest for an office which is 
125.19  recounted pursuant to this section shall begin to run upon 
125.20  certification of the results of the recount by the canvassing 
125.21  board.  
125.22     (e) A losing candidate may waive a recount required 
125.23  pursuant to this section by filing a written notice of waiver 
125.24  with the canvassing board. 
125.25     Subd. 2.  [OPTIONAL RECOUNT.] (a) A losing candidate for 
125.26  nomination or election to a statewide federal office, state 
125.27  constitutional office, statewide judicial office, congressional 
125.28  office, state legislative office, or to a district court 
125.29  judicial office may request a recount in a manner provided in 
125.30  this section at the candidate's own expense when the vote 
125.31  difference is greater than the difference required by this 
125.32  section.  The votes shall be recounted as provided in this 
125.33  section if the candidate files a request during the time for 
125.34  filing notice of contest of the primary or election for which a 
125.35  recount is sought.  
125.36     (b) The requesting candidate shall file with the filing 
126.1   officer a bond, cash, or surety in an amount set by the filing 
126.2   officer for the payment of the recount expenses.  The requesting 
126.3   candidate is responsible for the following expenses:  the 
126.4   compensation of the secretary of state, or designees, and any 
126.5   election judge, municipal clerk, county auditor, administrator, 
126.6   or other personnel who participate in the recount; the costs of 
126.7   computer operation, preparation of ballot counting equipment, 
126.8   necessary supplies and travel related to the recount; the 
126.9   compensation of the appropriate canvassing board and costs of 
126.10  preparing for the canvass of recount results; and any attorney 
126.11  fees incurred in connection with the recount by the governing 
126.12  body responsible for the recount. 
126.13     Sec. 39.  Minnesota Statutes 2000, section 204C.36, 
126.14  subdivision 1, is amended to read: 
126.15     Subdivision 1.  [REQUIRED RECOUNTS.] (a) Except as provided 
126.16  in paragraph (b), a losing candidate for nomination or election 
126.17  to a county, municipal, or school district office may request a 
126.18  recount of the votes cast for the nomination or election to that 
126.19  office if the difference between the vote cast for that 
126.20  candidate and for a winning candidate for nomination or election 
126.21  is:  
126.22     (a) Five votes or less when the total vote cast for 
126.23  nomination or election to that office is 100 votes or less; 
126.24     (b) Ten votes or less when the total vote cast for 
126.25  nomination or election to that office is more than 100 but not 
126.26  more than 500 votes; 
126.27     (c) Twenty votes or less when the total vote cast for 
126.28  nomination or election to that office is more than 500 but not 
126.29  more than 2,000 votes; 
126.30     (d) One percent of the votes or less when the total vote 
126.31  cast for nomination or election to that office is more than 
126.32  2,000 but less than 10,000 votes; or 
126.33     (e) One hundred votes or less when the total vote cast for 
126.34  nomination or election to that office is 10,000 votes or 
126.35  more. less than one-half of one percent of the total votes 
126.36  counted for that office.  In case of offices where two or more 
127.1   seats are being filled from among all the candidates for the 
127.2   office, the one-half of one percent difference is between the 
127.3   elected candidate with the fewest votes and the candidate with 
127.4   the most votes from among the candidates who were not elected.  
127.5      (b) A losing candidate for nomination or election to a 
127.6   county, municipal, or school district office may request a 
127.7   recount of the votes cast for nomination or election to that 
127.8   office if the difference between the vote cast for that 
127.9   candidate and for a winning candidate for nomination or election 
127.10  is ten votes or less, and the total number of votes cast for the 
127.11  nomination or election of all candidates is no more than 400.  
127.12  In cases of offices where two or more seats are being filled 
127.13  from among all the candidates for the office, the ten vote 
127.14  difference is between the elected candidate with the fewest 
127.15  votes and the candidate with the most votes from among the 
127.16  candidates who were not elected. 
127.17     (c) Candidates for county offices shall file a written 
127.18  request for the recount with the county auditor.  Candidates for 
127.19  municipal or school district offices shall file a written 
127.20  request with the municipal or school district clerk as 
127.21  appropriate.  All requests shall be filed during the time for 
127.22  notice of contest of the primary or election for which a recount 
127.23  is sought.  
127.24     (d) Upon receipt of a request made pursuant to this 
127.25  section, the county auditor shall recount the votes for a county 
127.26  office at the expense of the county, the governing body of the 
127.27  municipality shall recount the votes for a municipal office at 
127.28  the expense of the municipality, and the school board of the 
127.29  school district shall recount the votes for a school district 
127.30  office at the expense of the school district.  
127.31     Sec. 40.  Minnesota Statutes 2000, section 204C.36, 
127.32  subdivision 3, is amended to read: 
127.33     Subd. 3.  [DISCRETIONARY BALLOT QUESTION RECOUNTS.] A 
127.34  recount may be conducted for a ballot question when the 
127.35  difference between the votes for and the votes against the 
127.36  question is less than or equal to the difference provided in 
128.1   subdivision 1, clauses (a) to (e).  A recount may be requested 
128.2   by any person eligible to vote on the ballot question.  A 
128.3   written request for a recount must be filed with the filing 
128.4   officer of the county, municipality, or school district placing 
128.5   the question on the ballot and must be accompanied by a petition 
128.6   containing the signatures of 25 voters eligible to vote on the 
128.7   question.  If the difference between the votes for and the votes 
128.8   against the question is greater than the difference provided in 
128.9   subdivision 1, clauses (a) to (e), the person requesting the 
128.10  recount shall also file with the filing officer of the county, 
128.11  municipality, or school district a bond, cash, or surety in an 
128.12  amount set by the appropriate governing body for the payment of 
128.13  recount expenses.  The written request, petition, and any bond, 
128.14  cash, or surety required must be filed during the time for 
128.15  notice of contest for the election for which the recount is 
128.16  requested.  
128.17     Sec. 41.  Minnesota Statutes 2000, section 204D.04, 
128.18  subdivision 2, is amended to read: 
128.19     Subd. 2.  [INSTRUCTIONS TO PRINTER; PRINTER'S BOND.] (a) 
128.20  The official charged with the preparation and distribution of 
128.21  the ballots shall prepare instructions to the printer for 
128.22  rotation of the names of candidates and for layout of the ballot.
128.23     (b) Except as provided in paragraph (c), the instructions 
128.24  shall be approved by the legal advisor of the official before 
128.25  delivery to the printer. 
128.26     (c) The legal advisor of a town official is only required 
128.27  to approve instructions regarding the rotation of the names of 
128.28  candidates on the ballot. 
128.29     (d) Before a contract exceeding $1,000 is awarded for 
128.30  printing ballots, the printer shall furnish a sufficient bond, 
128.31  letter of credit, or certified check, acceptable to the official 
128.32  responsible for printing the ballots, conditioned on printing 
128.33  the ballots in conformity with the Minnesota Election Law and 
128.34  the instructions delivered.  The official responsible for 
128.35  printing the ballots shall set the amount of the bond, letter of 
128.36  credit, or certified check in an amount equal to the value of 
129.1   the purchase.  
129.2      Sec. 42.  Minnesota Statutes 2000, section 204D.09, is 
129.3   amended to read: 
129.4      204D.09 [EXAMPLE BALLOTS; SAMPLE PRIMARY BALLOTS.] 
129.5      Subdivision 1.  (a) No later than June 1 of each year, the 
129.6   secretary of state shall supply each auditor with a copy of an 
129.7   example ballot.  The example ballot must illustrate the format 
129.8   required for the ballots used in the primary and general 
129.9   elections that year. 
129.10     (b) The county auditor shall distribute copies of the 
129.11  example ballot to municipal and school district clerks in 
129.12  municipalities and school districts holding elections that 
129.13  year.  The official ballot must conform in all respects to the 
129.14  example ballot. 
129.15     Subd. 2.  At least two weeks before the state primary the 
129.16  county auditor shall prepare a sample state partisan primary 
129.17  ballot and a sample state and county nonpartisan primary ballot 
129.18  for public inspection.  The names of all of the candidates to be 
129.19  voted for in the county shall be placed on the sample ballots, 
129.20  with the names of the candidates for each office arranged 
129.21  alphabetically according to the surname.  Only one sample state 
129.22  partisan primary ballot and one sample state and county 
129.23  nonpartisan ballot shall be prepared for any county.  The county 
129.24  auditor shall post the sample ballots in a conspicuous place in 
129.25  the auditor's office and shall cause them to be published at 
129.26  least one week before the state primary in at least one 
129.27  newspaper of general circulation in the county. 
129.28     Sec. 43.  Minnesota Statutes 2000, section 204D.11, 
129.29  subdivision 4, is amended to read: 
129.30     Subd. 4.  [SPECIAL FEDERAL WHITE BALLOT.] (a) The names of 
129.31  all candidates for the offices of president and vice-president 
129.32  of the United States and senator and representative in Congress 
129.33  shall be placed on a ballot printed on white paper which shall 
129.34  be known as the "special federal white ballot." 
129.35     (b) This ballot shall be prepared by the county auditor in 
129.36  the same manner as the white ballot and shall be subject to the 
130.1   rules adopted by the secretary of state pursuant to subdivision 
130.2   1.  This ballot must be prepared and furnished in accordance 
130.3   with the federal Uniformed and Overseas Citizens Absentee Voting 
130.4   Act, United States Code, title 42, section 1973ff. 
130.5      (c) The special federal white ballot shall be the only 
130.6   ballot sent to citizens of the United States who are eligible to 
130.7   vote by absentee ballot for federal candidates in Minnesota. 
130.8      Sec. 44.  Minnesota Statutes 2000, section 204D.24, 
130.9   subdivision 2, is amended to read: 
130.10     Subd. 2.  [VOTER REGISTRATION.] An individual may register 
130.11  to vote at a special primary or special election at any time 
130.12  before the day that the polling place rosters for the special 
130.13  primary or special election are prepared by the secretary of 
130.14  state.  The secretary of state shall provide the county auditors 
130.15  with notice of this date at least seven days before the printing 
130.16  of the rosters.  This subdivision does not apply to a special 
130.17  election held on the same day as the presidential primary, state 
130.18  primary, state general election, or the regularly scheduled 
130.19  primary or general election of a municipality, school district, 
130.20  or special district.  
130.21     Sec. 45.  Minnesota Statutes 2000, section 205.02, 
130.22  subdivision 1, is amended to read: 
130.23     Subdivision 1.  [MINNESOTA ELECTION LAW.] Except as 
130.24  provided in this chapter or otherwise expressly provided by law, 
130.25  the provisions of the Minnesota Election Law apply to municipal 
130.26  elections, so far as practicable. 
130.27     Sec. 46.  Minnesota Statutes 2000, section 205.13, 
130.28  subdivision 1a, is amended to read: 
130.29     Subd. 1a.  [FILING PERIOD.] An affidavit of candidacy for a 
130.30  town office to be elected in March must be filed not more than 
130.31  eight weeks nor less than six weeks before the town election.  
130.32  In municipalities nominating candidates at a municipal primary, 
130.33  an affidavit of candidacy for a city office or town office voted 
130.34  on in November must be filed not more than 70 days nor less than 
130.35  56 days before the first Tuesday after the second Monday in 
130.36  September preceding the municipal general election.  In all 
131.1   other municipalities, an affidavit of candidacy must be filed 
131.2   not more than 70 days and not less than 56 days before the 
131.3   municipal general election. 
131.4      Sec. 47.  Minnesota Statutes 2000, section 205.17, is 
131.5   amended by adding a subdivision to read: 
131.6      Subd. 7.  [EXAMPLE BALLOT.] No later than 30 days before 
131.7   absentee ballots must be prepared and delivered under section 
131.8   204B.35 for use in a town general election conducted in March, 
131.9   the secretary of state shall supply each town clerk in a town 
131.10  conducting a March general election with a copy of an example 
131.11  ballot.  The example ballot must illustrate the format required 
131.12  for the ballots used in the general election that year. 
131.13     Sec. 48.  Minnesota Statutes 2000, section 205.185, 
131.14  subdivision 2, is amended to read: 
131.15     Subd. 2.  [ELECTION, CONDUCT.] A municipal election shall 
131.16  be by secret ballot and shall be held and the returns made in 
131.17  the manner provided for the state general election, so far as 
131.18  practicable except as otherwise expressly provided by law. 
131.19     Sec. 49.  Minnesota Statutes 2000, section 205.185, 
131.20  subdivision 3, is amended to read: 
131.21     Subd. 3.  [CANVASS OF RETURNS, CERTIFICATE OF ELECTION, 
131.22  BALLOTS, DISPOSITION.] (a) Within seven days after an election, 
131.23  the governing body of a city conducting any election or the 
131.24  governing body of a town conducting the general election in 
131.25  November shall canvass the returns and declare the results of 
131.26  the election.  The governing body of a town conducting the 
131.27  general election in March shall canvass the returns and declare 
131.28  the results of the election within two days after an election.  
131.29     (b) After the time for contesting elections has passed, the 
131.30  municipal clerk shall issue a certificate of election to each 
131.31  successful candidate.  In case of a contest, the certificate 
131.32  shall not be issued until the outcome of the contest has been 
131.33  determined by the proper court.  
131.34     (c) In case of a tie vote, the governing body shall 
131.35  determine the result by lot. The clerk shall certify the results 
131.36  of the election to the county auditor, and the clerk shall be 
132.1   the final custodian of the ballots and the returns of the 
132.2   election. 
132.3      Sec. 50.  Minnesota Statutes 2000, section 205A.02, is 
132.4   amended to read: 
132.5      205A.02 [ELECTION LAW APPLICABLE.] 
132.6      Except as provided in this chapter or otherwise expressly 
132.7   provided by law, the Minnesota Election Law applies to school 
132.8   district elections, as far as practicable.  Elections in common 
132.9   school districts shall be governed by section 123B.94. 
132.10     Sec. 51.  Minnesota Statutes 2000, section 205A.11, 
132.11  subdivision 2, is amended to read: 
132.12     Subd. 2.  [COMBINED POLLING PLACE.] When no other election 
132.13  is being held in two or more precincts on the day of a school 
132.14  district election, the school board may designate one or more 
132.15  combined polling places at which the voters in those precincts 
132.16  may vote in the school district election.  The deadline 
132.17  established under section 204B.16, subdivision 3, for 
132.18  designating a new or different polling place applies to an 
132.19  election described by this subdivision. 
132.20     Sec. 52.  Minnesota Statutes 2000, section 206.81, is 
132.21  amended to read: 
132.22     206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 
132.23     (a) The secretary of state may license an electronic voting 
132.24  system for experimental use at an election prior to its approval 
132.25  for general use. 
132.26     (b) The secretary of state must license a touch-sensitive 
132.27  direct recording electronic voting system for experimental use 
132.28  at an election before its approval for general use, and may 
132.29  impose restrictions on its use.  A voting system used under this 
132.30  paragraph must permit a blind or visually impaired voter to cast 
132.31  a ballot independently and privately. 
132.32     (c) Experimental use must be observed by the secretary of 
132.33  state or the secretary's designee and the results observed must 
132.34  be considered at any subsequent proceedings for approval for 
132.35  general use. 
132.36     (d) The secretary of state may adopt rules consistent with 
133.1   sections 206.55 to 206.90 relating to experimental use.  The 
133.2   extent of experimental use must be determined by the secretary 
133.3   of state. 
133.4      Sec. 53.  [206.91] [VOTING EQUIPMENT DECENNIAL REPORT.] 
133.5      By December 31 in each year ending in one, the secretary of 
133.6   state shall file a report with the legislature regarding the 
133.7   voting equipment used in Minnesota.  This report must: 
133.8      (1) identify the voting equipment used in each precinct, as 
133.9   reported to the secretary of state by each county auditor; and 
133.10     (2) include any recommendations from the secretary 
133.11  regarding improvements in voting system technology that may 
133.12  require the modification or replacement of voting systems 
133.13  currently used in Minnesota. 
133.14     <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2002.
133.15     Sec. 54.  Minnesota Statutes 2000, section 208.06, is 
133.16  amended to read: 
133.17     208.06 [ELECTORS TO MEET AT CAPITOL; FILLING OF VACANCIES.] 
133.18     The presidential electors, before 12:00 M. at 9:00 a.m. on 
133.19  the day before that fixed by Congress for the electors to vote 
133.20  for president and vice-president of the United States, 
133.21  shall assemble in the location designated under section 208.08 
133.22  and notify the governor that they are at the state capitol and 
133.23  ready at the proper time to fulfill their duties as electors.  
133.24  The governor shall deliver to the electors present a certificate 
133.25  of the names of all the electors.  If any elector named therein 
133.26  fails to appear before by 9:00 a.m. on the day, and at the 
133.27  place, fixed for voting for president and vice-president of the 
133.28  United States, the electors present shall, in the presence of 
133.29  the governor, immediately elect by ballot a person to fill the 
133.30  vacancy.  If more than the number of persons required have the 
133.31  highest and an equal number of votes when the electors cast 
133.32  ballots to fill any vacancy, the governor, in the presence of 
133.33  the electors attending, shall decide by lot which of those 
133.34  persons shall be elected as a substituted presidential elector. 
133.35     Sec. 55.  Minnesota Statutes 2000, section 208.08, is 
133.36  amended to read: 
134.1      208.08 [ELECTORS TO MEET AT STATE CAPITOL.] 
134.2      (a) At least seven days before the date the presidential 
134.3   electors are required to assemble, the secretary of state shall 
134.4   designate the location within the state capitol where the 
134.5   assembly will be conducted and notify the governor and electors 
134.6   of this location. 
134.7      (b) The original and substituted presidential electors, at 
134.8   12:00 M., shall meet in the executive chamber at the state 
134.9   capitol and shall, immediately after filling any vacancy among 
134.10  the electors in accordance with section 208.06, perform all the 
134.11  duties imposed upon them as electors by the constitution and 
134.12  laws of the United States and this state.  The secretary of 
134.13  state, or an individual designated by the secretary of state, 
134.14  shall preside at this assembly.  
134.15     (c) The electors shall vote by secret ballot.  
134.16     (d) The secretary of state shall transmit all 
134.17  certifications by the electors to the individuals required to 
134.18  receive the certifications under the constitution and laws of 
134.19  the United States. 
134.20     Sec. 56.  Minnesota Statutes 2000, section 209.065, is 
134.21  amended to read: 
134.22     209.065 [PLEADINGS; PROCEDURE.] 
134.23     The notice of contest and any answer are the pleadings in 
134.24  the case and may be amended in the discretion of the court.  The 
134.25  contest proceedings must be brought on for trial by either the 
134.26  contestant or contestee as soon as practicable within 20 days 
134.27  after the filing of the notice of contest.  The court shall 
134.28  proceed to the extent possible in the manner provided in the 
134.29  rules for recounts adopted by the secretary of state under 
134.30  section 204C.361.  If a court finds that proceeding in 
134.31  accordance with all or part of the rules for recounts is not 
134.32  possible, the court shall proceed in the manner provided for the 
134.33  trial of civil actions so far as practicable. 
134.34     Sec. 57.  Minnesota Statutes 2000, section 211A.02, 
134.35  subdivision 1, is amended to read: 
134.36     Subdivision 1.  [WHEN AND WHERE FILED BY COMMITTEES.] (a) A 
135.1   committee or a candidate who receives contributions or makes 
135.2   disbursements of more than $750 in a calendar year shall submit 
135.3   an initial report to the filing officer within 14 days after the 
135.4   candidate or committee receives or makes disbursements of more 
135.5   than $750 and shall continue to make the reports listed 
135.6   in paragraph paragraphs (b) and (c) until a final report is 
135.7   filed.  
135.8      (b) The committee or candidate must file a report by 
135.9   January 31 of each year following the year when the initial 
135.10  report was filed and. 
135.11     (c) In a year when the candidate's name or a ballot 
135.12  question appears on the ballot, the candidate or committee shall 
135.13  file a report: 
135.14     (1) ten days before the primary or special primary; 
135.15     (2) ten days before the general election or special 
135.16  election; and 
135.17     (3) 30 days after a general or special election. 
135.18     Sec. 58.  Minnesota Statutes 2000, section 211A.02, 
135.19  subdivision 4, is amended to read: 
135.20     Subd. 4.  [CONGRESSIONAL CANDIDATES.] Candidates for 
135.21  election to the United States House of Representatives or Senate 
135.22  and any political committees raising money and making 
135.23  disbursements exclusively on behalf of any one of those 
135.24  candidates may file copies of their financial disclosures 
135.25  required by federal law in lieu of the financial statement 
135.26  required by this section.  A candidate or committee whose report 
135.27  is published on the Federal Election Commission Web site has 
135.28  complied with the filing requirements of this section. 
135.29     Sec. 59.  Minnesota Statutes 2000, section 211B.16, 
135.30  subdivision 1, is amended to read: 
135.31     Subdivision 1.  [COUNTY ATTORNEY INQUIRY.] A county 
135.32  attorney who is notified of an alleged violation of this chapter 
135.33  shall promptly investigate and within 14 days shall determine 
135.34  whether there is probable cause to institute a prosecution.  If 
135.35  the county attorney is unable to make this determination within 
135.36  14 days, the county attorney shall notify the individual who 
136.1   reported the alleged violation when a probable cause 
136.2   determination will be made.  If there is probable cause for 
136.3   instituting a prosecution, the county attorney shall proceed by 
136.4   complaint or present the charge, with whatever evidence has been 
136.5   found, to the grand jury.  A county attorney who refuses or 
136.6   intentionally fails to faithfully perform this or any other duty 
136.7   imposed by this chapter is guilty of a misdemeanor and upon 
136.8   conviction forfeits the office.  The county attorney, under the 
136.9   penalty of forfeiture of office, shall prosecute all violations 
136.10  of this chapter except violations of this section.  If, however, 
136.11  a complainant withdraws an allegation under this chapter, the 
136.12  county attorney is not required to proceed with prosecution. 
136.13     Sec. 60.  Minnesota Statutes 2000, section 358.10, is 
136.14  amended to read: 
136.15     358.10 [OFFICIALS MAY ADMINISTER, WHEN.] 
136.16     (a) All persons holding office under any law of this state, 
136.17  or under the charter or ordinances of any municipal corporation 
136.18  thereof, including judges and clerks of election, and all 
136.19  committee members, commissioners, trustees, referees, 
136.20  appraisers, assessors, and all others authorized or required by 
136.21  law to act or report upon any matter of fact, shall have the 
136.22  power to administer such oaths as they may deem necessary to the 
136.23  proper discharge of their respective duties.  
136.24     (b) Any employee of the secretary of state designated by 
136.25  the secretary of state has the power to administer oaths to an 
136.26  individual who wishes to file with the secretary of state an 
136.27  affidavit of candidacy, nominating petition, declaration of 
136.28  intent to be a write-in candidate, or any other document 
136.29  relating to the conduct of elections. 
136.30     Sec. 61.  Minnesota Statutes 2000, section 367.03, 
136.31  subdivision 6, is amended to read: 
136.32     Subd. 6.  [VACANCIES.] (a) When a vacancy occurs in a town 
136.33  office, the town board shall fill the vacancy by appointment.  
136.34  Except as provided in paragraph (b), the person appointed shall 
136.35  hold office until the next annual town election, when a 
136.36  successor shall be elected for the unexpired term.  
137.1      (b) When a vacancy occurs in a town office: 
137.2      (1) with more than one year remaining in the term; and 
137.3      (2) on or after the 14th day before the first day to file 
137.4   an affidavit of candidacy for the town election; 
137.5   the vacancy must be filled by appointment.  The person appointed 
137.6   serves until the next annual town election following the 
137.7   election for which affidavits of candidacy are to be filed, when 
137.8   a successor shall be elected for the unexpired term. 
137.9      (c) A vacancy in the office of supervisor shall must be 
137.10  filled by an appointment committee comprised of the remaining 
137.11  supervisors and the town clerk until the next annual town 
137.12  election, when a successor shall be elected for the unexpired 
137.13  term.  
137.14     (d) Any person appointed to fill the vacancy in the office 
137.15  of supervisor must, upon assuming the office, be an eligible 
137.16  voter, be 21 years of age, and have resided in the town for at 
137.17  least 30 days.  
137.18     (e) When, because of a vacancy, more than one supervisor is 
137.19  to be chosen at the same election, candidates for the offices of 
137.20  supervisor shall file for one of the specific terms being filled.
137.21     (f) Law enforcement vacancies shall must be filled by 
137.22  appointment by the town board. 
137.23     Sec. 62.  [REPEALER.] 
137.24     (a) Minnesota Statutes 2000, sections 204B.06, subdivision 
137.25  1a, and 204C.15, subdivision 2a, are repealed. 
137.26     (b) Minnesota Rules, part 8250.1400, is repealed.