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; modifying 
  1.6             election, retirement, and pension provisions; amending 
  1.7             Minnesota Statutes 2000, sections 3.012; 3.3005, 
  1.8             subdivisions 2, 3, 3a, 4, 5, by adding subdivisions; 
  1.9             3.305, by adding subdivisions; 3.85, subdivision 3; 
  1.10            3.855, subdivision 3; 3.97, subdivision 3a; 3.979, by 
  1.11            adding a subdivision; 3.98, subdivision 2; 3A.03, 
  1.12            subdivision 2; 4A.05, subdivision 1; 4A.07, 
  1.13            subdivisions 1, 2, 4, 5; 4A.08; 4A.09; 4A.10; 6.48; 
  1.14            6.56, subdivision 2; 6.58; 7.09, subdivision 1; 
  1.15            10A.01, subdivision 21; 11A.075; 11A.18, subdivision 
  1.16            7; 13D.01, subdivision 1; 15.0575, subdivision 3, as 
  1.17            amended; 15.059, subdivisions 3, as amended; 5a; 
  1.18            15.50, subdivision 2, by adding a subdivision; 
  1.19            15A.0815, subdivision 1, by adding a subdivision; 
  1.20            16A.06, by adding a subdivision; 16A.10, by adding a 
  1.21            subdivision; 16A.11, subdivision 6; 16A.152, 
  1.22            subdivisions 4, 7; 16B.58, by adding a subdivision; 
  1.23            16B.60, subdivision 3, by adding subdivisions; 16B.61, 
  1.24            subdivision 1; 16B.65; 16B.70, subdivision 2; 16B.76, 
  1.25            subdivision 1; 16B.88, subdivision 1; 16C.03, 
  1.26            subdivision 3; 16C.25; 43A.04, by adding subdivisions; 
  1.27            43A.17, subdivision 9; 43A.24, subdivision 1; 43A.38, 
  1.28            subdivisions 1, 6, 7; 69.011, subdivision 1; 103C.311, 
  1.29            subdivision 1; 136F.07; 136F.40, subdivision 2; 
  1.30            138.35, by adding a subdivision; 138.39; 161.1419, 
  1.31            subdivision 8; 161.32, subdivision 1b; 179A.15; 
  1.32            190.06, subdivision 1; 190.07; 192.501, subdivision 2; 
  1.33            193.144, subdivision 6; 193.145, subdivision 4; 
  1.34            193.148; 197.75, subdivisions 1, 2; 201.016, 
  1.35            subdivision 1a; 201.022; 201.061, subdivision 3; 
  1.36            201.071, subdivisions 1, 3, by adding subdivisions; 
  1.37            201.091, subdivisions 1, 4, by adding a subdivision; 
  1.38            201.155; 202A.19, subdivision 1; 203B.04, subdivisions 
  1.39            1, 5; 203B.06, by adding a subdivision; 203B.07, 
  1.40            subdivision 1; 203B.11, by adding a subdivision; 
  1.41            203B.16, subdivision 1; 203B.17, subdivision 1; 
  1.42            204B.06, subdivision 1; 204B.07, subdivision 2; 
  1.43            204B.09, subdivisions 1, 3; 204B.20; 204B.22, 
  1.44            subdivisions 1, 3; 204B.23; 204B.27, by adding a 
  1.45            subdivision; 204B.28, subdivision 1; 204B.45, 
  1.46            subdivision 2; 204B.46; 204C.03, subdivision 1; 
  2.1             204C.04, subdivision 1; 204C.10; 204C.35; 204C.36, 
  2.2             subdivisions 1, 3; 204D.04, subdivision 2; 204D.09; 
  2.3             204D.11, subdivision 4; 204D.24, subdivision 2; 
  2.4             205.02, subdivision 1; 205.13, subdivision 1a; 205.17, 
  2.5             by adding a subdivision; 205.185, subdivisions 2, 3; 
  2.6             205A.02; 205A.11, subdivision 2; 206.81; 208.06; 
  2.7             208.08; 209.065; 211A.02, subdivisions 1, 4; 211B.16, 
  2.8             subdivision 1; 214.09, subdivision 3, as amended; 
  2.9             240A.08; 317A.123, subdivision 1; 317A.827, 
  2.10            subdivision 2; 352.01, subdivisions 2a, 2b, 11; 
  2.11            352.113, subdivisions 4, 6; 352.22, subdivision 8; 
  2.12            352.87, subdivisions 4, 5; 352.95, subdivisions 4, 5, 
  2.13            7; 352B.01, subdivisions 2, 3, 11; 352B.10, 
  2.14            subdivision 3; 352B.101; 353.01, subdivisions 1, 2, 
  2.15            2a, 2b, 6, 7, 11b, 12, 12a, 16, by adding 
  2.16            subdivisions; 353.03, subdivision 1; 353.27, 
  2.17            subdivisions 2, 3, 4, 11; 353.86, subdivision 1; 
  2.18            354.05, subdivision 2; 354.41, subdivision 4; 354.52, 
  2.19            subdivision 4; 354.534, subdivision 1; 354.536, 
  2.20            subdivision 1; 354.539; 354A.011, subdivision 24; 
  2.21            354A.098, subdivision 1; 354A.101, subdivision 1; 
  2.22            354A.106; 354A.12, subdivision 5; 354A.31, subdivision 
  2.23            3; 354A.35, subdivision 4; 356.215, subdivision 4g; 
  2.24            356.55, subdivision 7; 356A.06, subdivision 5; 
  2.25            356A.08, subdivision 1; 358.10; 367.03, subdivision 6; 
  2.26            394.232, subdivisions 1, 2, 3, 4, 5, 7, by adding a 
  2.27            subdivision; 403.11, subdivision 1; 422A.155; 423B.01, 
  2.28            by adding a subdivision; 423B.05, by adding 
  2.29            subdivisions; 424A.04, by adding a subdivision; 
  2.30            462.351; 462.352, subdivisions 5, 6; 462.3535, 
  2.31            subdivisions 1, 2, 3, 4, 10; 473.13, by adding a 
  2.32            subdivision; 473.1455; 490.121, subdivision 4; 517.08, 
  2.33            subdivisions 1b, 1c; 645.44, by adding a subdivision; 
  2.34            Laws 1998, chapter 366, section 80; Laws 1998, chapter 
  2.35            404, section 23, subdivision 6; Laws 1999, chapter 
  2.36            250, article 1, section 115; Laws 1999, chapter 250, 
  2.37            article 1, section 116; proposing coding for new law 
  2.38            in Minnesota Statutes, chapters 3; 4A; 5; 6; 13; 16A; 
  2.39            16B; 16C; 16E; 43A; 200; 201; 204B; 206; 240A; 352F; 
  2.40            353F; 354; 354A; 354B; 356; 383D; 424A; 473; proposing 
  2.41            coding for new law as Minnesota Statutes, chapter 
  2.42            116T; repealing Minnesota Statutes 2000, sections 
  2.43            3.9222; 4A.07, subdivision 3; 8.31, subdivision 2c; 
  2.44            13.202, subdivision 8; 13.606, subdivision 2; 16A.67; 
  2.45            16A.6701; 16B.37; 16B.58, subdivision 7; 43A.18, 
  2.46            subdivision 5; 129D.06; 204B.06, subdivision 1a; 
  2.47            204C.15, subdivision 2a; 246.18, subdivision 7; 
  2.48            354.41, subdivision 9; 354A.026; 394.232; 462.352, 
  2.49            subdivision 18; 462.3535, subdivisions 5, 6, 7, 8, 9; 
  2.50            465.795; 465.796; 465.797; 465.7971; 465.798; 465.799; 
  2.51            465.801; 465.802; 465.803; 465.83; 465.87; 465.88; 
  2.52            473.1455; 572A.01; 572A.03, subdivision 2; Minnesota 
  2.53            Rules, part 8250.1400. 
  2.54  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.55                             ARTICLE 1 
  2.56                           APPROPRIATIONS 
  2.57  Section 1.  [STATE GOVERNMENT APPROPRIATIONS.] 
  2.58     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.59  appropriated from the general fund, or another fund named, to 
  2.60  the agencies and for the purposes specified in this act, to be 
  2.61  available for the fiscal years indicated for each purpose.  The 
  2.62  figures "2002" and "2003," where used in this act, mean that the 
  3.1   appropriation or appropriations listed under them are available 
  3.2   for the year ending June 30, 2002, or June 30, 2003, 
  3.3   respectively. 
  3.4                                              APPROPRIATIONS 
  3.5                                          Available for the Year 
  3.6                                              Ending June 30 
  3.7                                             2002         2003 
  3.8   Sec. 2.  LEGISLATURE
  3.9   Subdivision 1.  Total
  3.10  Appropriation                         57,938,000     60,602,000
  3.11                Summary by Fund
  3.12  General              57,788,000    60,452,000
  3.13  Health Care Access      150,000       150,000
  3.14  The amounts that may be spent from this 
  3.15  appropriation for each program are 
  3.16  specified in the following subdivisions.
  3.17  Subd. 2.  Senate
  3.18       14,102,000     14,102,000
  3.19  Subd. 3.  House of Representatives
  3.20       26,843,000     29,497,000 
  3.21  Of amounts previously appropriated to 
  3.22  the house and carried forward into the 
  3.23  biennium beginning July 1, 2001, 
  3.24  $1,000,000 is canceled to the general 
  3.25  fund. 
  3.26  Subd. 4.  Legislative
  3.27  Coordinating Commission
  3.28                Summary by Fund
  3.29  General              14,343,000    14,353,000
  3.30  Health Care Access      150,000       150,000
  3.31  Effective January 1, 2002, the house of 
  3.32  representatives public information 
  3.33  office and the senate publications 
  3.34  office are combined, under the 
  3.35  jurisdiction of the legislative 
  3.36  coordinating commission. 
  3.37  Effective January 1, 2002, the house of 
  3.38  representatives television services 
  3.39  office and the senate media services 
  3.40  offices are combined, under the 
  3.41  jurisdiction of the legislative 
  3.42  coordinating commission. 
  3.43  During the interim between the 2001 and 
  3.44  2002 legislative sessions, legislative 
  3.45  appointing authorities may work with 
  3.46  the department of employee relations to 
  3.47  place legislative staff on temporary 
  3.48  assignments in state agencies.  The 
  3.49  legislature is responsible for salary 
  3.50  and benefits of employees who choose 
  4.1   these temporary assignments.  Work 
  4.2   assignments and hours must be 
  4.3   negotiated by legislative appointing 
  4.4   authorities and the state agencies 
  4.5   getting interim use of legislative 
  4.6   staff.  Refusal of a commissioner to 
  4.7   find a suitable work assignment for 
  4.8   interested and qualified legislative 
  4.9   staff must be reported to the budget 
  4.10  committee chairs of the house and 
  4.11  senate that have jurisdiction over that 
  4.12  agency's budget. 
  4.13  Sec. 3.  GOVERNOR AND
  4.14  LIEUTENANT GOVERNOR                    4,508,000      4,519,000 
  4.15  $19,000 the first year and $19,000 the 
  4.16  second year are for necessary expenses 
  4.17  in the normal performance of the 
  4.18  governor's and lieutenant governor's 
  4.19  duties for which no other reimbursement 
  4.20  is provided. 
  4.21  By September 1 each year, the 
  4.22  commissioner of finance shall report to 
  4.23  the chairs of the senate governmental 
  4.24  operations budget division and the 
  4.25  house state government finance division 
  4.26  any personnel costs incurred by the 
  4.27  office of the governor and lieutenant 
  4.28  governor that were supported by 
  4.29  appropriations to other agencies during 
  4.30  the previous fiscal year.  The office 
  4.31  of the governor shall inform the chairs 
  4.32  of the divisions before initiating any 
  4.33  interagency agreements. 
  4.34  Sec. 4.  STATE AUDITOR                 9,777,000         -0-    
  4.35  Sec. 5.  STATE TREASURER               2,328,000      2,284,000 
  4.36  Sec. 6.  ATTORNEY GENERAL             28,680,000     29,368,000 
  4.37                Summary by Fund
  4.38  General              26,227,000    26,863,000
  4.39  State Government
  4.40  Special Revenue       1,834,000     1,876,000
  4.41  Environmental           142,000       145,000 
  4.42  Solid Waste             477,000       484,000
  4.43  Sec. 7.  SECRETARY OF STATE            9,578,000        821,000 
  4.44  $2,000,000 the first year is for 
  4.45  transfer to the voting equipment grant 
  4.46  account established in Minnesota 
  4.47  Statutes, section 204B.48. 
  4.48  Sec. 8.  CAMPAIGN FINANCE AND
  4.49  PUBLIC DISCLOSURE BOARD                  658,000        671,000 
  4.50  For 2001 - $35,000 
  4.51  $35,000 is appropriated in fiscal year 
  4.52  2001 and is effective immediately. 
  4.53  Sec. 9.  INVESTMENT BOARD              2,376,000      2,376,000 
  5.1   Sec. 10.  ADMINISTRATIVE HEARINGS      6,966,000      7,169,000 
  5.2   This appropriation is from the workers' 
  5.3   compensation fund. 
  5.4   Sec. 11.  OFFICE OF STRATEGIC
  5.5   AND LONG-RANGE PLANNING                4,693,000      4,378,000
  5.6   The base budget for the critical issues 
  5.7   activity is reduced by $810,000 each 
  5.8   year. 
  5.9   $250,000 each year is for one-time 
  5.10  grants of $50,000 each to regional 
  5.11  development commissions or, in regions 
  5.12  not served by regional development 
  5.13  commissions, to regional organizations 
  5.14  selected by the director, to support 
  5.15  planning work on behalf of local units 
  5.16  of government.  The planning work must 
  5.17  take into consideration any impacts on 
  5.18  private property rights and must 
  5.19  include at least one of the following:  
  5.20  (1) development of local zoning 
  5.21  ordinances; (2) land use plans; (3) 
  5.22  community or economic development 
  5.23  plans; (4) transportation and transit 
  5.24  plans; (5) solid waste management 
  5.25  plans; (6) wastewater management plans; 
  5.26  (7) workforce development plans; (8) 
  5.27  housing development plans and market 
  5.28  analyses; (9) rural health service and 
  5.29  senior nutrition plans; (10) natural 
  5.30  resources management plans; or (11) 
  5.31  development of a geographical 
  5.32  information systems database to serve a 
  5.33  region's needs, including hardware and 
  5.34  software purchases and related labor 
  5.35  costs.  State grant funds must be 
  5.36  matched on a dollar-for-dollar basis by 
  5.37  nonstate funds.  Copies of all planning 
  5.38  documents developed as a result of the 
  5.39  grants must be compiled by the office 
  5.40  of strategic and long-range planning 
  5.41  and made available for public 
  5.42  inspection.  Local planning work 
  5.43  supported by this appropriation must 
  5.44  adhere to the goals of sustainable land 
  5.45  use planning under Minnesota Statutes, 
  5.46  section 4A.08. 
  5.47  $25,000 the first year is for 
  5.48  preparation of urban river development 
  5.49  guidelines under article 2, section 130.
  5.50  $100,000 the first year is for a grant 
  5.51  to support subregional comprehensive 
  5.52  planning by the N.M. I-35W Corridor 
  5.53  Coalition.  The appropriation is 
  5.54  available until June 30, 2003.  The 
  5.55  subregional work must include the 
  5.56  following components leading to a 
  5.57  coordinated subregional comprehensive 
  5.58  plan submission to the metropolitan 
  5.59  council in 2003:  (1) coordinated land 
  5.60  use plans; (2) coordinated economic 
  5.61  development and redevelopment 
  5.62  strategies focused on redefining 
  5.63  metropolitan competitiveness with 
  5.64  linkage to creating local job 
  5.65  opportunities and integrated housing, 
  6.1   transportation, and transit systems; 
  6.2   (3) coordinated transportation and 
  6.3   transit plans; (4) coordinated 
  6.4   workforce development plans; (5) 
  6.5   coordinated subregional housing 
  6.6   development plans and market analyses 
  6.7   ensuring healthy neighborhoods and 
  6.8   increased choice in lifecycle housing; 
  6.9   (6) coordinated natural resources 
  6.10  management plans; (7) expanded GIS 
  6.11  database management system focused on 
  6.12  improving subregional decision making 
  6.13  through access to better data and tools 
  6.14  for analysis as well as being 
  6.15  exportable to other regional and 
  6.16  subregional collaborative efforts; and 
  6.17  (8) establishment of a coalition 
  6.18  institute structured to utilize livable 
  6.19  community principles to address issues 
  6.20  of growth and infill, to support 
  6.21  standards for quality development, and 
  6.22  to create direct benefit for learning 
  6.23  experience and sharing with other 
  6.24  regional and subregional organizations 
  6.25  and agencies.  State grant funds must 
  6.26  be matched on a dollar-for-dollar basis 
  6.27  from nonstate funds.  Local planning 
  6.28  work supported by this appropriation 
  6.29  must adhere to the goals of sustainable 
  6.30  land use planning under Minnesota 
  6.31  Statutes, section 4A.08. 
  6.32  The director must submit a plan to the 
  6.33  legislature by January 30, 2002, for 
  6.34  creation of a competition council.  The 
  6.35  competition council would make 
  6.36  recommendations to the executive and 
  6.37  legislative branches on opportunities, 
  6.38  strategies, and best practices for 
  6.39  competitive delivery of services or 
  6.40  goods currently delivered by 
  6.41  government.  The plan for creation of a 
  6.42  council must include the authority of 
  6.43  the commission, its mission and 
  6.44  objectives, and a proposed structure. 
  6.45  $200,000 the first year is for a grant 
  6.46  to the Northern Counties Land Use 
  6.47  Coordinating Board to initiate a pilot 
  6.48  project to promote cooperative efforts 
  6.49  among county, state, federal, and local 
  6.50  units of government regarding land use 
  6.51  management issues.  The board shall 
  6.52  also solicit cooperation with Canadian 
  6.53  officials who represent areas 
  6.54  contiguous to the region and with local 
  6.55  organizations representing 
  6.56  recreational, agricultural, mining, 
  6.57  forestry, and tourism interests.  The 
  6.58  objectives of the pilot project are to 
  6.59  document instances of incompatible or 
  6.60  conflicting land use policies and 
  6.61  regulations and to identify and promote 
  6.62  a means of resolving such differences 
  6.63  that may provide a national model for 
  6.64  management through intergovernmental 
  6.65  cooperation.  The board must report to 
  6.66  the legislature by January 15, 2003, on 
  6.67  the results of the pilot project.  
  6.68  State grant funds must be matched on a 
  6.69  dollar-for-dollar basis by nonstate 
  7.1   funds.  Local planning work supported 
  7.2   by this appropriation must adhere to 
  7.3   the goals of sustainable land use 
  7.4   planning under Minnesota Statutes, 
  7.5   section 4A.08. 
  7.6   $200,000 each year is for the director 
  7.7   to study matters relating to the 
  7.8   economic status of women in Minnesota, 
  7.9   including:  (1) economic security of 
  7.10  homemakers and women in the labor 
  7.11  force; (2) opportunities for education 
  7.12  and vocational training; (3) employment 
  7.13  opportunities; (4) the contributions of 
  7.14  women to the economy; (5) women's 
  7.15  access to benefits and services 
  7.16  provided to citizens of the state; (6) 
  7.17  laws and business practices 
  7.18  constituting barriers to the full 
  7.19  participation by women in the economy; 
  7.20  and (7) adequacy of programs and 
  7.21  services relating to families in 
  7.22  Minnesota, including single-parent 
  7.23  families and members beyond the nuclear 
  7.24  or immediate family.  The director may 
  7.25  appoint an advisory group to advise the 
  7.26  director on these matters.  Employees 
  7.27  of the legislative commission on the 
  7.28  economic status of women are 
  7.29  transferred to the office of strategic 
  7.30  and long-range planning.  
  7.31  Sec. 12.  ADMINISTRATION
  7.32  Subdivision 1.  Total
  7.33  Appropriation                         78,808,000     47,786,000
  7.34                Summary by Fund
  7.35  General              36,762,000    28,022,000
  7.36  Special Revenue      42,046,000    19,764,000
  7.37  The amounts that may be spent from this 
  7.38  appropriation for each program are 
  7.39  specified in the following subdivisions.
  7.40  Subd. 2.  Operations Management
  7.41       3,683,000      3,694,000 
  7.42  Subd. 3.  Intertechnologies Group
  7.43                Summary by Fund
  7.44  General                 859,000       859,000
  7.45  Special Revenue      20,327,000    19,764,000
  7.46  For 2001 $3,988,000
  7.47  The appropriation from the special 
  7.48  revenue fund is for recurring costs of 
  7.49  911 emergency telephone service. 
  7.50  Subd. 4.  Facilities Management
  7.51      15,577,000     16,009,000 
  7.52  The balance in the state building code 
  7.53  account in the state government special 
  8.1   revenue fund as of July 1, 2001, is 
  8.2   canceled to the general fund. 
  8.3   The senate must transfer control of the 
  8.4   G2 office suite in the capitol to the 
  8.5   governor's office.  The department of 
  8.6   administration must transfer control of 
  8.7   the B46 office suite to the senate. 
  8.8   Eighty covered spaces and 105 roof 
  8.9   spaces in the State Office Building 
  8.10  parking ramp must be assigned to house 
  8.11  of representatives staff.  To make the 
  8.12  required assignment of spaces to house 
  8.13  staff, the number of spaces assigned to 
  8.14  staff from other entities must be 
  8.15  reduced proportionately.  However, no 
  8.16  spaces in the ramp may be taken from 
  8.17  elected officials. 
  8.18  In lieu of receiving the rent 
  8.19  deficiency for ceremonial space, the 
  8.20  department of administration must 
  8.21  locate the State Bookstore in room 230 
  8.22  of the capitol. 
  8.23  Subd. 5.  Management Services
  8.24        4,057,000      3,868,000
  8.25  Subd. 6.  Fiscal Agent
  8.26           2,000          2,000 
  8.27  This appropriation is for the state 
  8.28  band. 
  8.29  Subd. 7.  Public Broadcasting
  8.30                Summary by Fund
  8.31  General                 848,000       848,000
  8.32  Special Revenue      20,860,000         -0- 
  8.33  $441,000 the first year and $441,000 
  8.34  the second year are for grants and for 
  8.35  contracts with the senate and house of 
  8.36  representatives for public information 
  8.37  television, Internet, Intranet, and 
  8.38  other transmission of legislative 
  8.39  activities.  At least one-half must go 
  8.40  for programming to be broadcast and 
  8.41  transmitted to rural Minnesota. 
  8.42  $20,860,000 the first year is 
  8.43  appropriated from the contingency 
  8.44  account in the special revenue fund for 
  8.45  grants to noncommercial television 
  8.46  stations to assist with conversion to a 
  8.47  digital broadcast signal as mandated by 
  8.48  the federal government.  In order to 
  8.49  qualify for these grants, a station 
  8.50  must meet the criteria established for 
  8.51  grants in Minnesota Statutes, section 
  8.52  129D.12, subdivision 2.  To avoid 
  8.53  duplication, a station using money from 
  8.54  this appropriation to construct a tower 
  8.55  must consult with public radio stations 
  8.56  in its area to determine if they have a 
  8.57  similar need.  If a public radio 
  9.1   station has a similar need, a cost 
  9.2   benefit analysis must be completed to 
  9.3   determine if it is more economically 
  9.4   feasible to jointly construct the new 
  9.5   tower.  All parties must share in the 
  9.6   cost of construction and maintenance of 
  9.7   the tower. 
  9.8   $407,000 the first year and $407,000 
  9.9   the second year are for grants to 
  9.10  public educational radio stations, 
  9.11  which must be allocated after 
  9.12  considering the recommendations of the 
  9.13  Association of Minnesota Public 
  9.14  Educational Radio Stations under 
  9.15  Minnesota Statutes, section 129D.14. 
  9.16  Subd. 8.  Office of Technology
  9.17      11,736,000      2,742,000 
  9.18  (a) The commissioner of administration 
  9.19  must contract with an entity outside of 
  9.20  state government to prepare a 
  9.21  supplemental evaluation, risk 
  9.22  assessment, and risk mitigation plan 
  9.23  for the CriMNet system.  The entity 
  9.24  performing this work must not have any 
  9.25  other direct or indirect financial 
  9.26  interest in the project. 
  9.27  (b) Before January 1, 2002, each 
  9.28  recipient of an appropriation for the 
  9.29  CriMNet system must, in consultation 
  9.30  with the commissioner of 
  9.31  administration, submit to the entity 
  9.32  selected under paragraph (a):  
  9.33  (1) a list of objectives the entity 
  9.34  expects to achieve with the money 
  9.35  appropriated to it; and 
  9.36  (2) a list of performance measures that 
  9.37  can be used to determine the extent to 
  9.38  which these objectives are being met. 
  9.39  (c) The evaluation, risk assessment, 
  9.40  and risk mitigation plan must 
  9.41  separately consider each component of 
  9.42  the project, including:  suspense 
  9.43  files, the integration backbone, the 
  9.44  Minnesota court information system, 
  9.45  photo imaging, livescan cardhandler, 
  9.46  predatory offender registration, CJDN 
  9.47  upgrade, statewide supervision, and 
  9.48  county planning and implementation 
  9.49  grants.  For each component, the 
  9.50  evaluation may also consider: 
  9.51  (1) the likelihood that each entity 
  9.52  will achieve its objectives within the 
  9.53  limits of the money appropriated; and 
  9.54  (2) the appropriateness of the 
  9.55  performance measures suggested by each 
  9.56  entity receiving an appropriation. 
  9.57  (d) Work on the evaluation, risk 
  9.58  assessment, and risk mitigation plan 
  9.59  must begin as soon as practicable but 
  9.60  no later than November 15, 2001.  The 
 10.1   results of the evaluation, risk 
 10.2   assessment, and risk mitigation plan 
 10.3   must be reported to the legislature, 
 10.4   the commissioner of administration, and 
 10.5   the chief justice of the supreme court 
 10.6   by March 15, 2002.  The final report 
 10.7   must include recommendations on changes 
 10.8   or improvements needed for each 
 10.9   component of the program and whether or 
 10.10  not a component should proceed.  A 
 10.11  recommendation not to proceed with a 
 10.12  component of the project is only 
 10.13  advisory.  Decisions regarding 
 10.14  proceeding with project components will 
 10.15  be made by the commissioner of public 
 10.16  safety in consultation with the policy 
 10.17  group. 
 10.18  (e) During the biennium ending June 30, 
 10.19  2003, Minnesota Statutes, section 
 10.20  16E.0465 does not apply to the CriMNet 
 10.21  system. 
 10.22  The office must establish the state 
 10.23  information architecture under 
 10.24  Minnesota Statutes, section 16E.04, 
 10.25  subdivision 2, by March 1, 2002. 
 10.26  $9,000,000 is for deposit in the 
 10.27  technology enterprise fund.  
 10.28  The commissioner may spend up to 
 10.29  $5,400,000 of the fund for the income 
 10.30  tax re-engineering project in revenue, 
 10.31  up to $1,000,000 for the North Star 
 10.32  enterprise portal, up to $1,500,000 for 
 10.33  small agency infrastructure, up to 
 10.34  $300,000 for statewide information 
 10.35  technology architecture, and up to 
 10.36  $300,000 for an unemployment insurance 
 10.37  management project. 
 10.38  Sec. 13.  EMPLOYEE RELATIONS          13,025,000     18,048,000
 10.39  For 2001 - $2,000,000 
 10.40  $5,000,000 the first year and 
 10.41  $10,000,000 the second year are to pay 
 10.42  costs of compensation and economic 
 10.43  benefit increases provided to employees 
 10.44  in the executive branch.  The 
 10.45  appropriation applies only to employees 
 10.46  funded from the general fund.  The 
 10.47  commissioner of finance must transfer 
 10.48  to the covered agencies amounts 
 10.49  certified as necessary by the chief 
 10.50  financial officer of the agency.  The 
 10.51  commissioner must make pro rata 
 10.52  distributions if the amount of this 
 10.53  appropriation is insufficient to pay 
 10.54  all costs. 
 10.55  $50,000 each year is for a grant to the 
 10.56  Government Training Service. 
 10.57  $2,000,000 in fiscal year 2001 is for 
 10.58  one-time funding to the department of 
 10.59  employee relations to be distributed 
 10.60  for back-pay liability costs associated 
 10.61  with compliance with the Fair Labor 
 10.62  Standards Act. 
 11.1   Sec. 14.  CAPITOL AREA ARCHITECTURAL
 11.2   AND PLANNING BOARD                       283,000        284,000 
 11.3   During the biennium ending June 30, 
 11.4   2003, money received by the board from 
 11.5   public agencies, as provided by 
 11.6   Minnesota Statutes, section 15.50, 
 11.7   subdivision 3, is appropriated to the 
 11.8   board. 
 11.9   Any unencumbered money appropriated for 
 11.10  the Hubert H. Humphrey memorial under 
 11.11  Laws 1999, chapter 250, article 1, 
 11.12  section 13, is canceled. 
 11.13  Sec. 15.  FINANCE 
 11.14  Subdivision 1.  Total
 11.15  Appropriation                         17,942,000     17,961,000
 11.16  The amounts that may be spent from this 
 11.17  appropriation for each program are 
 11.18  specified in the following subdivisions.
 11.19  Subd. 2.  State Financial Management
 11.20       7,993,000      7,993,000 
 11.21  Subd. 3.  Information and Management Services
 11.22       9,949,000      9,968,000 
 11.23  Subd. 4.  Technology Budget Book 
 11.24  The department shall prepare a separate 
 11.25  budget book for the biennium beginning 
 11.26  July 1, 2003, containing all of the 
 11.27  administration's technology 
 11.28  initiatives.  The book shall also 
 11.29  include a complete inventory of 
 11.30  state-owned and leased technology, 
 11.31  along with a projected replacement 
 11.32  schedule.  The inventory shall include 
 11.33  information on how the technology fits 
 11.34  into the state's master plan.  The book 
 11.35  must be in the same format as other 
 11.36  biennial budget books. 
 11.37  Sec. 16.  REVENUE
 11.38  Subdivision 1.  Total
 11.39  Appropriation                    90,687,000     90,387,000
 11.40                Summary by Fund
 11.41  General              86,458,000    86,076,000
 11.42  Health Care Access    1,731,000     1,764,000
 11.43  Highway User
 11.44  Tax Distribution      2,191,000     2,237,000
 11.45  Environmental           107,000       110,000 
 11.46  Solid Waste             200,000       200,000
 11.47  The amounts that may be spent from this 
 11.48  appropriation for each program are 
 11.49  specified in the following subdivisions.
 12.1   Subd. 2.  Tax System Management
 12.2       87,802,000     87,520,000
 12.3                 Summary by Fund
 12.4   General              83,626,000    83,262,000
 12.5   Health Care Access    1,678,000     1,711,000
 12.6   Highway User
 12.7   Tax Distribution      2,191,000     2,237,000
 12.8   Environmental           107,000       110,000 
 12.9   Solid Waste             200,000       200,000
 12.10  Subd. 3.  Accounts Receivable Management
 12.11                Summary by Fund
 12.12  General               2,832,000     2,814,000
 12.13  Health Care Access       53,000        53,000
 12.14  Sec. 17.  MILITARY AFFAIRS
 12.15  Subdivision 1.  Total
 12.16  Appropriation                         13,409,000     13,446,000
 12.17  The amounts that may be spent from this 
 12.18  appropriation for each program are 
 12.19  specified in the following subdivisions.
 12.20  In fiscal year 2001, $186,000 in 
 12.21  general funds is transferred from Laws 
 12.22  1999, chapter 250, article 1, section 
 12.23  28, to the department of military 
 12.24  affairs to pay for higher than 
 12.25  anticipated fuel costs of the 
 12.26  department's training and community 
 12.27  center facilities. 
 12.28  Subd. 2.  Maintenance of Training
 12.29  Facilities
 12.30       6,938,000      6,938,000 
 12.31  Subd. 3.  General Support
 12.32       1,791,000      1,828,000 
 12.33  $50,000 the first year and $50,000 the 
 12.34  second year are to assist in the 
 12.35  operation and staffing of the Minnesota 
 12.36  national guard youth camp at Camp 
 12.37  Ripley.  This appropriation is 
 12.38  contingent on its being matched by 
 12.39  money from other sources. 
 12.40  The department may not sell or lease 
 12.41  land in Ramsey county to the department 
 12.42  of transportation, nor may the 
 12.43  department locate a joint or shared 
 12.44  facility with the department of 
 12.45  transportation within the county. 
 12.46  Subd. 4.  Enlistment Incentives
 12.47       4,605,000      4,605,000 
 13.1   Subd. 5.  Emergency Services
 13.2           75,000         75,000 
 13.3   Sec. 18.  VETERANS AFFAIRS             4,515,000      4,374,000 
 13.4   $150,000 is for a grant to the St. 
 13.5   Louis county historical society in 
 13.6   Duluth, Minnesota, to be used to 
 13.7   complete the Veterans Memorial Hall 
 13.8   physical exhibit and displays.  This 
 13.9   appropriation is available until June 
 13.10  30, 2002. 
 13.11  Sec. 19.  VETERANS OF FOREIGN
 13.12  WARS                                      55,000         55,000 
 13.13  For carrying out the provisions of Laws 
 13.14  1945, chapter 455. 
 13.15  Sec. 20.  MILITARY ORDER OF
 13.16  THE PURPLE HEART                          20,000         20,000 
 13.17  Sec. 21.  DISABLED AMERICAN
 13.18  VETERANS                                  13,000         13,000 
 13.19  For carrying out the provisions of Laws 
 13.20  1941, chapter 425. 
 13.21  Sec. 22.  GAMBLING CONTROL             2,410,000      2,453,000 
 13.22  Sec. 23.  RACING COMMISSION              406,000        410,000 
 13.23  Sec. 24.  STATE LOTTERY                  750,000          -0-   
 13.24  $750,000 is from the lottery prize fund 
 13.25  to the commissioner of human services 
 13.26  for a grant to reconstruct Project 
 13.27  Turnabout in Granite Falls destroyed by 
 13.28  the Granite Falls tornado.  This 
 13.29  appropriation is available until June 
 13.30  30, 2003, and does not become part of 
 13.31  the base. 
 13.32  Sec. 25.  AMATEUR SPORTS
 13.33  COMMISSION                             2,866,000      1,394,000 
 13.34  The commission must develop a plan for 
 13.35  becoming self-sufficient.  The timeline 
 13.36  for self-sufficiency must not exceed 
 13.37  five years.  The commission must report 
 13.38  the plan to the chairs of the budget 
 13.39  committees in the house and the senate 
 13.40  by February 1, 2002. 
 13.41  $2,000,000 in fiscal year 2002 and 
 13.42  $750,000 in fiscal year 2003 are for 
 13.43  making matching grants for soccer field 
 13.44  development as provided under Minnesota 
 13.45  Statutes, section 240A.13.  
 13.46  $200,000 in fiscal year 2002 is for a 
 13.47  one-time grant to a nonprofit 
 13.48  corporation for operation of a shooting 
 13.49  sports program at a state-owned 
 13.50  facility.  The program funded through 
 13.51  this grant must be designed to train 
 13.52  participants and coaches in shooting 
 13.53  sports that are Olympic events.  This 
 13.54  appropriation is available until June 
 13.55  30, 2003. 
 14.1   $25,000 is for a grant to the Range 
 14.2   Recreation Civic Center for bleacher 
 14.3   purchase. 
 14.4   Sec. 26.  BOARD OF THE ARTS
 14.5   Subdivision 1.  Total
 14.6   Appropriation                         10,603,000     10,611,000
 14.7   The amounts that may be spent from this 
 14.8   appropriation for each program are 
 14.9   specified in the following subdivisions.
 14.10  Subd. 2.  Operations and Services
 14.11       1,028,000      1,036,000 
 14.12  By February 15, 2002, the board must 
 14.13  compile, report to the legislature, and 
 14.14  make readily available a listing of 
 14.15  grants awarded with funds appropriated 
 14.16  for fiscal years 2000 and 2001 by type 
 14.17  and dollar amount, along with a 
 14.18  measurement of impact for each grant.  
 14.19  Impact measurements include, but are 
 14.20  not limited to:  (1) the number of 
 14.21  patrons served; (2) a determination if 
 14.22  the grant allowed the grantee to go 
 14.23  forward; and (3) the extent the grantee 
 14.24  was able to expand or otherwise improve 
 14.25  the artistic experience offered the 
 14.26  public. 
 14.27  The board must also compile and make 
 14.28  available a historical record for every 
 14.29  grantee that has received funds from 
 14.30  the board.  The list must be by grantee 
 14.31  and identify all types of grants 
 14.32  received each year. 
 14.33  Subd. 3.  Grants Program
 14.34       3,540,000      3,540,000 
 14.35  The board must not grant more than 
 14.36  $100,000 per year to any grantee. 
 14.37  Subd. 4.  Regional Arts
 14.38  Councils
 14.39       3,535,000      3,535,000 
 14.40  Sec. 27.  MINNESOTA HUMANITIES
 14.41  COMMISSION                               909,000        909,000 
 14.42  The humanities commission must develop 
 14.43  a plan for the selection of a Minnesota 
 14.44  poet laureate.  The commission must 
 14.45  report the plan to the legislature by 
 14.46  February 1, 2002. 
 14.47  Sec. 28.  GENERAL CONTINGENT
 14.48  ACCOUNTS                                 600,000        600,000 
 14.49                Summary by Fund
 14.50  General                 100,000       100,000
 14.51  State Government
 14.52  Special Revenue         400,000       400,000
 15.1   Workers'     
 15.2   Compensation            100,000       100,000
 15.3   Sec. 29.  TORT CLAIMS                    275,000        275,000 
 15.4   To be spent by the commissioner of 
 15.5   finance. 
 15.6   If the appropriation for either year is 
 15.7   insufficient, the appropriation for the 
 15.8   other year is available for it. 
 15.9   Sec. 30.  MINNESOTA STATE   
 15.10  RETIREMENT SYSTEM                      9,299,000      9,856,000 
 15.11  The amounts estimated to be needed for 
 15.12  each program are as follows: 
 15.13  (a) Legislators
 15.14       6,821,000      7,230,000 
 15.15  Under Minnesota Statutes, sections 
 15.16  3A.03, subdivision 2; 3A.04, 
 15.17  subdivisions 3 and 4; and 3A.11. 
 15.18  (b) Constitutional Officers 
 15.19         355,000        376,000 
 15.20  Under Minnesota Statutes, sections 
 15.21  352C.031, subdivision 5; 352C.04, 
 15.22  subdivision 3; and 352C.09, subdivision 
 15.23  2. 
 15.24  (c) Judges
 15.25       2,123,000      2,250,000 
 15.26  If an appropriation in this section for 
 15.27  either year is insufficient, the 
 15.28  appropriation for the other year is 
 15.29  available for it. 
 15.30  Sec. 31.  MINNEAPOLIS EMPLOYEES
 15.31  RETIREMENT FUND                        3,232,000      3,232,000 
 15.32  Sec. 32.  POLICE AND FIRE   
 15.33  AMORTIZATION AID                       6,345,000      6,345,000 
 15.34  Sec. 33.  PERA                         8,938,500      8,938,500 
 15.35  This appropriation is for deposit in 
 15.36  the PERA general employees retirement 
 15.37  fund.  This is one-time funding.  The 
 15.38  executive director of PERA must report 
 15.39  to the legislature by January 15, 2002 
 15.40  and January 15, 2003 on the effect of 
 15.41  this appropriation on the funding 
 15.42  status of the general employee plan. 
 15.43  Sec. 34.  COMPENSATION COUNCIL 
 15.44  The compensation council recommendation 
 15.45  of 2001 may not take effect unless 
 15.46  approved by law. 
 15.47     Sec. 35.  [EFFECTIVE DATE.] 
 15.48     The appropriations for fiscal year 2001 are effective the 
 16.1   day following final enactment. 
 16.2                              ARTICLE 2
 16.3                     STATE GOVERNMENT OPERATIONS
 16.4      Section 1.  Minnesota Statutes 2000, section 3.012, is 
 16.5   amended to read: 
 16.6      3.012 [LEGISLATIVE DAY.] 
 16.7      A legislative day is a day when either house or a committee 
 16.8   of either house of the legislature is called to order.  A 
 16.9   legislative day begins at seven o'clock a.m. and continues until 
 16.10  seven o'clock a.m. of the following calendar day.  
 16.11     Sec. 2.  Minnesota Statutes 2000, section 3.3005, 
 16.12  subdivision 2, is amended to read: 
 16.13     Subd. 2.  [GOVERNOR'S REQUEST TO LEGISLATURE.] A state 
 16.14  agency shall not expend money received by it under federal law 
 16.15  for any purpose unless a request to spend federal money from 
 16.16  that source for that purpose in that fiscal year has been 
 16.17  submitted by the governor to the legislature as a part of a 
 16.18  budget request submitted during or within ten days before the 
 16.19  start of a regular legislative session, or unless specifically 
 16.20  authorized by law or as provided by this section.  A budget 
 16.21  request submitted to the legislature according to this 
 16.22  subdivision must be submitted at least 20 days before the 
 16.23  deadline set by the legislature for legislative budget 
 16.24  committees to act on finance bills.  
 16.25     Sec. 3.  Minnesota Statutes 2000, section 3.3005, 
 16.26  subdivision 3, is amended to read: 
 16.27     Subd. 3.  [STATE MATCH.] If a request to spend federal 
 16.28  money is included in the governor's budget or spending the money 
 16.29  is authorized by law but the amount of federal money received 
 16.30  requires a state match greater than that included in the budget 
 16.31  request or authorized by law, the amount that requires an 
 16.32  additional state match may be allotted for expenditure after the 
 16.33  requirements of subdivision 5 or 6 are met. 
 16.34     Sec. 4.  Minnesota Statutes 2000, section 3.3005, 
 16.35  subdivision 3a, is amended to read: 
 16.36     Subd. 3a.  [CHANGE IN PURPOSE.] If a request to spend 
 17.1   federal money is included in a governor's budget request and 
 17.2   approved according to subdivision 2a, but the purpose for which 
 17.3   the money is to be used changes from the time of the request and 
 17.4   approval, the amount may be allotted for expenditure after a 
 17.5   revised request is submitted according to subdivision 2 or the 
 17.6   requirements of subdivision 5 or 6 are met. 
 17.7      Sec. 5.  Minnesota Statutes 2000, section 3.3005, is 
 17.8   amended by adding a subdivision to read: 
 17.9      Subd. 3b.  [INCREASE IN AMOUNT.] If a request to spend 
 17.10  federal money is included in a governor's budget request and 
 17.11  approved according to subdivision 2 or subdivision 5 and the 
 17.12  amount of money available increases after the request is made 
 17.13  and authorized, the additional amount may be allotted for 
 17.14  expenditure after a revised request is submitted according to 
 17.15  subdivision 2, or the requirements of subdivision 5 or 6 are met.
 17.16     Sec. 6.  Minnesota Statutes 2000, section 3.3005, 
 17.17  subdivision 4, is amended to read: 
 17.18     Subd. 4.  [INTERIM PROCEDURES; URGENCIES.] If federal money 
 17.19  becomes available to the state for expenditure after the 
 17.20  deadline in subdivision 2 or while the legislature is not in 
 17.21  session, and the availability of money from that source or for 
 17.22  that purpose or in that fiscal year could not reasonably have 
 17.23  been anticipated and included in the governor's budget request, 
 17.24  and an urgency requires that all or part of the money be 
 17.25  allotted before the legislature reconvenes or prior to the end 
 17.26  of the 20 day period specified in subdivision 2, it may be 
 17.27  allotted to a state agency after the requirements of subdivision 
 17.28  5 are met. 
 17.29     Sec. 7.  Minnesota Statutes 2000, section 3.3005, 
 17.30  subdivision 5, is amended to read: 
 17.31     Subd. 5.  [LEGISLATIVE ADVISORY COMMISSION REVIEW.] Federal 
 17.32  money that becomes available under subdivisions 3 and, 3a, 3b, 
 17.33  or 4 may be allotted after the commissioner of finance has 
 17.34  submitted the request to the members of the legislative advisory 
 17.35  commission for their review and recommendation for further 
 17.36  review.  If a recommendation is not made within ten days, no 
 18.1   further review by the legislative advisory commission is 
 18.2   required, and the commissioner shall approve or disapprove the 
 18.3   request.  If a recommendation by any member is for further 
 18.4   review the governor shall submit the request to the legislative 
 18.5   advisory commission for its review and recommendation.  Failure 
 18.6   or refusal of the commission to make a recommendation promptly 
 18.7   is a negative recommendation.  
 18.8      Sec. 8.  Minnesota Statutes 2000, section 3.3005, is 
 18.9   amended by adding a subdivision to read: 
 18.10     Subd. 6.  [INTERIM PROCEDURES; NONURGENCIES.] If federal 
 18.11  money becomes available to the state for expenditure after the 
 18.12  deadline in subdivision 2 or while the legislature is not in 
 18.13  session, and subdivision 4 does not apply, a request to expend 
 18.14  the federal money may be submitted by the commissioner of 
 18.15  finance to members of the legislative advisory commission for 
 18.16  their review and recommendation.  This request must be submitted 
 18.17  by October 1 of any year.  If any member of the commission makes 
 18.18  a negative recommendation or a recommendation for further review 
 18.19  on a request by October 20 of the same year, the commissioner 
 18.20  shall not approve expenditure of that federal money.  If a 
 18.21  request to expend federal money submitted under this subdivision 
 18.22  receives a negative recommendation or a recommendation for 
 18.23  further review, the request may be submitted again under 
 18.24  subdivision 2.  If the members of the commission make a positive 
 18.25  recommendation or no recommendation, the commissioner shall 
 18.26  approve or disapprove the request and the federal money may be 
 18.27  allotted for expenditure.  
 18.28     Sec. 9.  Minnesota Statutes 2000, section 3.305, is amended 
 18.29  by adding a subdivision to read: 
 18.30     Subd. 9.  [PUBLIC INFORMATION.] The legislative 
 18.31  coordinating commission shall establish an office to provide 
 18.32  information to the public about the legislature, including 
 18.33  legislative process and legislative proceedings, and to perform 
 18.34  related duties as assigned by the commission. 
 18.35     Sec. 10.  Minnesota Statutes 2000, section 3.305, is 
 18.36  amended by adding a subdivision to read: 
 19.1      Subd. 10.  [TELEVISION.] The legislative coordinating 
 19.2   commission shall establish an office to provide for television 
 19.3   production and transmission of legislative proceedings, and to 
 19.4   perform related duties as assigned by the commission. 
 19.5      Sec. 11.  [3.306] [MEETING TIMES.] 
 19.6      The house of representatives and the senate must adopt 
 19.7   rules that set one time as the regular hour of convening daily 
 19.8   sessions in both houses. 
 19.9      Sec. 12.  [3.3061] [JOINT STANDING COMMITTEES.] 
 19.10     The house of representatives and the senate must adopt 
 19.11  rules that establish a system of joint standing committees to 
 19.12  consider and report on legislation and conduct other legislative 
 19.13  business, except that each house may establish separately a 
 19.14  committee on rules and administration and a committee on ethics. 
 19.15     Sec. 13.  Minnesota Statutes 2000, section 3.85, 
 19.16  subdivision 3, is amended to read: 
 19.17     Subd. 3.  [MEMBERSHIP.] The commission consists of five 
 19.18  members of the senate appointed by the subcommittee on 
 19.19  committees of the committee on rules and administration and five 
 19.20  members of the house of representatives appointed by the 
 19.21  speaker.  Members shall be appointed at the commencement of each 
 19.22  regular session of the legislature for a two-year term beginning 
 19.23  January 16 of the first year of the regular session.  Members 
 19.24  continue to serve until their successors are appointed.  
 19.25  Vacancies that occur while the legislature is in session shall 
 19.26  be filled like regular appointments.  If the legislature is not 
 19.27  in session, senate vacancies shall be filled by the last 
 19.28  subcommittee on committees of the senate committee on rules and 
 19.29  administration or other appointing authority designated by the 
 19.30  senate rules, and house vacancies shall be filled by the last 
 19.31  speaker of the house, or if the speaker is not available, by the 
 19.32  last chair of the house rules committee. 
 19.33     Sec. 14.  Minnesota Statutes 2000, section 3.855, 
 19.34  subdivision 3, is amended to read: 
 19.35     Subd. 3.  [OTHER SALARIES AND COMPENSATION PLANS.] The 
 19.36  commission shall also: 
 20.1      (1) review and approve, reject, or modify a plan for 
 20.2   compensation and terms and conditions of employment prepared and 
 20.3   submitted by the commissioner of employee relations under 
 20.4   section 43A.18, subdivision 2, covering all state employees who 
 20.5   are not represented by an exclusive bargaining representative 
 20.6   and whose compensation is not provided for by chapter 43A or 
 20.7   other law; 
 20.8      (2) review and approve, reject, or modify a plan for total 
 20.9   compensation and terms and conditions of employment for 
 20.10  employees in positions identified as being managerial under 
 20.11  section 43A.18, subdivision 3, whose salaries and benefits are 
 20.12  not otherwise provided for in law or other plans established 
 20.13  under chapter 43A; 
 20.14     (3) review and approve, reject, or modify recommendations 
 20.15  for salaries submitted by the governor or other appointing 
 20.16  authority under section 43A.18 15A.0815, subdivision 5, covering 
 20.17  agency head positions listed in section 15A.0815; 
 20.18     (4) review and approve, reject, or modify recommendations 
 20.19  for salaries of officials of higher education systems under 
 20.20  section 15A.081, subdivision subdivisions 7b and 7c; and 
 20.21     (5) review and approve, reject, or modify plans for 
 20.22  compensation, terms, and conditions of employment proposed under 
 20.23  section 43A.18, subdivisions 3a and 4. 
 20.24     Sec. 15.  Minnesota Statutes 2000, section 3.97, 
 20.25  subdivision 3a, is amended to read: 
 20.26     Subd. 3a.  [EVALUATION TOPICS.] (a) The commission shall 
 20.27  periodically select topics for the legislative auditor to 
 20.28  evaluate.  Topics may include any agency, program, or activity 
 20.29  established by law to achieve a state purpose, or any topic that 
 20.30  affects the operation of state government, but the commission 
 20.31  shall give primary consideration to topics that are likely, upon 
 20.32  examination, to produce recommendations for cost savings, 
 20.33  increased productivity, or the elimination of duplication among 
 20.34  public agencies.  Legislators and legislative committees may 
 20.35  suggest topics for evaluation, but the legislative auditor shall 
 20.36  only conduct evaluations approved by the commission. 
 21.1      (b) In selecting program evaluation topics for the auditor, 
 21.2   the commission must consider directing the auditor to conduct 
 21.3   limited topic scoping reviews at the request of individual 
 21.4   legislators.  Upon completion of the limited review, the 
 21.5   commission may direct the auditor to conduct a more complete 
 21.6   evaluation. 
 21.7      Sec. 16.  Minnesota Statutes 2000, section 3.979, is 
 21.8   amended by adding a subdivision to read: 
 21.9      Subd. 5.  [COMMISSIONER'S OPINION; LEGISLATIVE AUDITOR 
 21.10  ACCESS TO DATA.] If, after the commissioner of administration 
 21.11  issues an opinion under section 13.072 that a person requesting 
 21.12  access to data held by a state agency is entitled to that 
 21.13  access, the state agency continues to refuse to provide the data 
 21.14  or the person making the request is told that the data sought 
 21.15  does not exist, the legislative audit commission may instruct 
 21.16  the legislative auditor to review all state agency data related 
 21.17  to the request.  Following the review, the legislative auditor 
 21.18  shall provide all public data obtained, if any, to the 
 21.19  legislative audit commission. 
 21.20     <h>[EFFECTIVE DATE.]</h> This section is effective July 1, 2001, 
 21.21  and applies to commissioner's opinions issued after that date. 
 21.22     Sec. 17.  Minnesota Statutes 2000, section 3.98, 
 21.23  subdivision 2, is amended to read: 
 21.24     Subd. 2.  [CONTENTS.] (a) The fiscal note, where possible, 
 21.25  shall:  (1) cite the effect in dollar amounts; (2) cite the 
 21.26  statutory provisions affected; (3) estimate the increase or 
 21.27  decrease in revenues or expenditures; (4) include the costs 
 21.28  which may be absorbed without additional funds; and (5) include 
 21.29  the assumptions used in determining the cost estimates; and (6) 
 21.30  specify any long-range implication.  
 21.31     (b) The fiscal note may comment on technical or mechanical 
 21.32  defects in the bill but shall express no opinions concerning the 
 21.33  merits of the proposal. 
 21.34     Sec. 18.  [3.99] [LEGISLATIVE COMMISSION ON METROPOLITAN 
 21.35  GOVERNMENT.] 
 21.36     Subdivision 1.  [ESTABLISHED.] The legislative commission 
 22.1   on metropolitan government is established to oversee the 
 22.2   metropolitan council's operating and capital budgets, work 
 22.3   program, and capital improvement program. 
 22.4      Subd. 2.  [MEMBERSHIP.] The commission consists of four 
 22.5   senators appointed by the senate subcommittee on committees of 
 22.6   the committee on rules and administration, three senators 
 22.7   appointed by the senate minority leader, four state 
 22.8   representatives appointed by the speaker of the house, and three 
 22.9   state representatives appointed by the house minority leader. 
 22.10  All members must reside in or represent a portion of the 
 22.11  seven-county metropolitan area.  The appointing authorities must 
 22.12  insure balanced geographic representation.  Each appointing 
 22.13  authority must make appointments as soon as possible after the 
 22.14  opening of the next regular session of the legislature in each 
 22.15  odd-numbered year. 
 22.16     Subd. 3.  [TERMS; VACANCIES.] Members of the commission 
 22.17  serve for a two-year term beginning upon appointment and 
 22.18  expiring upon appointment of a successor after the opening of 
 22.19  the next regular session of the legislature in the odd-numbered 
 22.20  year.  A vacancy in the membership of the commission must be 
 22.21  filled for the unexpired term in a manner that will preserve the 
 22.22  representation established by this section. 
 22.23     Subd. 4.  [CHAIR.] The commission must meet as soon as 
 22.24  practicable after members are appointed in each odd-numbered 
 22.25  year to elect its chair and other officers as it may determine 
 22.26  necessary.  A chair serves a two-year term, expiring in the 
 22.27  odd-numbered year after a successor is elected.  The chair must 
 22.28  alternate biennially between the senate and the house. 
 22.29     Subd. 5.  [COMPENSATION.] Members serve without 
 22.30  compensation but may be reimbursed for their reasonable expenses 
 22.31  as members of the legislature. 
 22.32     Subd. 6.  [STAFF.] Legislative staff must provide 
 22.33  administrative and research assistance to the commission. 
 22.34     Subd. 7.  [MEETINGS; PROCEDURES.] The commission meets at 
 22.35  the call of the chair.  If there is a quorum, the commission may 
 22.36  take action by a simple majority vote of commission members 
 23.1   present. 
 23.2      Subd. 8.  [POWERS; DUTIES; METROPOLITAN COUNCIL LEVY, 
 23.3   BUDGET OVERSIGHT.] The commission must monitor, review, and make 
 23.4   recommendations to the metropolitan council and to the 
 23.5   legislature for the following calendar year on: 
 23.6      (1) the tax rate and dollar amount of the metropolitan 
 23.7   council's property tax levies and any proposed increases in the 
 23.8   rate or dollar amount of tax; 
 23.9      (2) any request for an increase in the debt of the 
 23.10  metropolitan council; 
 23.11     (3) the overall work and role of the metropolitan council; 
 23.12     (4) the metropolitan council's proposed operating and 
 23.13  capital budgets, work program, and capital improvement program; 
 23.14  and 
 23.15     (5) the metropolitan council's implementation of the 
 23.16  operating and capital budgets, work program, and capital 
 23.17  improvement program. 
 23.18     Subd. 9.  [POWERS; DUTIES; METROPOLITAN COUNCIL 
 23.19  APPOINTMENTS OVERSIGHT.] The commission must monitor 
 23.20  appointments to the metropolitan council and may make 
 23.21  recommendations on appointments to the nominating committee 
 23.22  under section 473.123, subdivision 3, or to the governor before 
 23.23  the governor makes the appointments.  The commission may also 
 23.24  make recommendations to the senate before appointments are 
 23.25  presented to the senate for its advice and consent. 
 23.26     Sec. 19.  Minnesota Statutes 2000, section 4A.05, 
 23.27  subdivision 1, is amended to read: 
 23.28     Subdivision 1.  [PURPOSE.] The purpose of the land 
 23.29  management information center is to foster integration of land 
 23.30  use and environmental information and provide services in 
 23.31  computer mapping and graphics, environmental analysis, and small 
 23.32  systems development.  The director, through the center, shall 
 23.33  periodically study land use and natural resources on the basis 
 23.34  of county, regional, and other political subdivisions. 
 23.35     Sec. 20.  Minnesota Statutes 2000, section 4A.07, 
 23.36  subdivision 1, is amended to read: 
 24.1      Subdivision 1.  [DEFINITIONS.] (a) "Local unit of 
 24.2   government" means a county, statutory or home rule charter city, 
 24.3   town, or watershed district.  
 24.4      (b) "Sustainable development" means development that 
 24.5   maintains or enhances economic opportunity and community 
 24.6   well-being promotes and enhances the dynamic and adaptive nature 
 24.7   of communities while protecting and restoring the natural 
 24.8   environment upon which people and economies depend.  Sustainable 
 24.9   development meets the needs of the present and recognizes that 
 24.10  adaptation in response to economic changes can be achieved 
 24.11  without compromising the ability of future generations to meet 
 24.12  their own needs.  
 24.13     Sec. 21.  Minnesota Statutes 2000, section 4A.07, 
 24.14  subdivision 2, is amended to read: 
 24.15     Subd. 2.  [PLANNING GUIDE.] The office of strategic and 
 24.16  long-range planning must develop and publish a planning guide 
 24.17  for local units of government to plan for sustainable 
 24.18  development, based on the principles of sustainable development 
 24.19  adopted by the environmental quality board with advice of the 
 24.20  governor's round table on sustainable development land use 
 24.21  planning as stated in this section.  The office must make the 
 24.22  planning guide available to members of the public and to local 
 24.23  units of government within the state. 
 24.24     Sec. 22.  Minnesota Statutes 2000, section 4A.07, 
 24.25  subdivision 4, is amended to read: 
 24.26     Subd. 4.  [SPECIFICITY AND DISTRIBUTION.] The model 
 24.27  ordinance planning guide must specify the technical and 
 24.28  administrative procedures to guide sustainable development.  
 24.29  When adopted by a local unit of government, the model ordinance 
 24.30  is the minimum regulation to guide sustainable development that 
 24.31  may be adopted local units may use when developing land use 
 24.32  ordinances and controls.  Upon completion, the office of 
 24.33  strategic and long-range planning must notify local units of 
 24.34  government that the model ordinance planning guide is available, 
 24.35  and must distribute it to interested local units.  The director 
 24.36  must also make an electronic version of the planning guide 
 25.1   available on the Internet free of charge through the North Star 
 25.2   information service. 
 25.3      Sec. 23.  Minnesota Statutes 2000, section 4A.07, 
 25.4   subdivision 5, is amended to read: 
 25.5      Subd. 5.  [PERIODIC REVIEW.] At least once every five 
 25.6   years, the planning office must review the model ordinance 
 25.7   planning guide and its use with local units of government to 
 25.8   ensure its continued applicability and relevance. 
 25.9      Sec. 24.  Minnesota Statutes 2000, section 4A.08, is 
 25.10  amended to read: 
 25.11     4A.08 [COMMUNITY-BASED SUSTAINABLE LAND USE PLANNING 
 25.12  GOALS.] 
 25.13     Subdivision 1.  [GOALS.] The goals of community-based 
 25.14  sustainable land use planning are: 
 25.15     (1)  [CITIZEN RESIDENT PARTICIPATION.] To develop a 
 25.16  community-based local planning process with broad citizen 
 25.17  participation in order to build local capacity to plan for 
 25.18  sustainable development and to benefit from the insights, 
 25.19  knowledge, and support of local residents built upon input from 
 25.20  members of the community.  The plans should ensure that land use 
 25.21  controls remain flexible in order to accommodate consumer-driven 
 25.22  changes in land use.  The process must should include at least 
 25.23  one citizen from local residents and area businesses, including 
 25.24  land development professionals, and representatives from each 
 25.25  affected unit of local government; 
 25.26     (2)  [COOPERATION.] To promote cooperation among 
 25.27  communities to work towards the most efficient, planned, and 
 25.28  cost-effective delivery of government services by, among other 
 25.29  means, facilitating cooperative agreements among adjacent 
 25.30  communities and to coordinate planning to ensure compatibility 
 25.31  of one community's development with development of neighboring 
 25.32  communities; 
 25.33     (3)  [ECONOMIC DEVELOPMENT.] To create sustainable economic 
 25.34  development strategies and provide economic opportunities 
 25.35  throughout the state that will achieve a balanced distribution 
 25.36  of growth statewide; 
 26.1      (4)  [CONSERVATION.] To protect, preserve, and enhance the 
 26.2   state's natural resources, including agricultural land, forests, 
 26.3   surface water and groundwater, recreation and open space, scenic 
 26.4   areas, and significant historic and archaeological sites; 
 26.5      (5)  [LIVABLE COMMUNITY DESIGN.] To strengthen communities 
 26.6   by following the principles of livable community design in 
 26.7   development and redevelopment, including integration of all 
 26.8   income and age groups, mixed land uses and compact development, 
 26.9   affordable and life-cycle housing, green spaces, access to 
 26.10  public transit, bicycle and pedestrian ways, and enhanced 
 26.11  aesthetics and beauty in public spaces; 
 26.12     (6)  [HOUSING.] To provide and preserve an adequate supply 
 26.13  of affordable and life-cycle housing throughout the state; 
 26.14     (7)  [TRANSPORTATION.] To focus on the movement of people 
 26.15  and goods, rather than on the movement of automobiles, in 
 26.16  transportation planning, and to maximize the efficient use of 
 26.17  the transportation infrastructure by increasing the availability 
 26.18  and use of appropriate public transit throughout the state 
 26.19  through land-use planning and design that makes public transit 
 26.20  economically viable and desirable; 
 26.21     (8)  [LAND-USE PLANNING.] To establish a community-based 
 26.22  framework as a basis for all decisions and actions related to 
 26.23  land use; 
 26.24     (9)  [PUBLIC INVESTMENTS.] To account for the full 
 26.25  environmental, social, and economic costs of new development, 
 26.26  including infrastructure costs such as transportation, sewers 
 26.27  and wastewater treatment, water, schools, recreation, and open 
 26.28  space, and plan the funding mechanisms necessary to cover the 
 26.29  costs of the infrastructure; 
 26.30     (10)  [PUBLIC EDUCATION.] To support research and public 
 26.31  education on a community's and the state's finite capacity to 
 26.32  accommodate growth, and the need for planning and resource 
 26.33  management that will sustain growth; and 
 26.34     (11)  [SUSTAINABLE DEVELOPMENT.] To provide a better 
 26.35  quality of life for all residents while maintaining nature's 
 26.36  ability to function over time by minimizing waste, preventing 
 27.1   pollution, promoting efficiency, and developing local resources 
 27.2   to revitalize the local economy. 
 27.3      (4)  [PRESERVE LOCAL AUTONOMY.] To avoid prescriptive, 
 27.4   centralized plans that attempt to determine the detailed outcome 
 27.5   of community form and function.  Such "comprehensive" plans 
 27.6   interfere with the dynamic and adaptive nature of communities; 
 27.7      (5)  [ACCOMMODATE RESIDENT CHOICES.] To allow population 
 27.8   densities and land uses that are community driven and avoid 
 27.9   inflexible, centrally directed land use decisions that may 
 27.10  result in unforeseen consequences; 
 27.11     (6)  [PRESERVE PROPERTY RIGHTS.] To incorporate private 
 27.12  property rights in local planning procedures as a fundamental 
 27.13  element of both economic development and environmental 
 27.14  protection.  Problems of incompatible or conflicting land uses 
 27.15  are better resolved through the common law principles of 
 27.16  nuisance than through zoning regulations which tend to be rigid 
 27.17  and inefficient; 
 27.18     (7)  [PAY AS YOU GROW.] To evaluate sustainable land use 
 27.19  plans and other local growth management policies according to 
 27.20  their cost of living and burden-shifting effects.  Urban growth 
 27.21  boundaries, minimum lot sizes, population density ratios, 
 27.22  restrictions on housing development, restrictions on commercial 
 27.23  development, and other limits on freely functioning land markets 
 27.24  increase burdens on lower income groups and should be avoided; 
 27.25  and 
 27.26     (8)  [DIVERSE PERSPECTIVES.] To develop sustainable land 
 27.27  use plans that are based on comprehensive research as well as 
 27.28  citizen preferences is crucial to the continued progress of 
 27.29  local communities. 
 27.30     Subd. 2.  [CONSISTENCY WITH GOALS.] State agencies must 
 27.31  ensure to the greatest extent possible that their objectives, 
 27.32  plans, and programs are not in conflict with the sustainable 
 27.33  land use planning goals in subdivision 1. 
 27.34     Sec. 25.  Minnesota Statutes 2000, section 4A.09, is 
 27.35  amended to read: 
 27.36     4A.09 [TECHNICAL ASSISTANCE.] 
 28.1      The office shall provide local governments technical and 
 28.2   financial assistance in preparing their comprehensive 
 28.3   sustainable land use plans to that meet the community-based 
 28.4   planning goals in section 4A.08.  
 28.5      Sec. 26.  Minnesota Statutes 2000, section 4A.10, is 
 28.6   amended to read: 
 28.7      4A.10 [PLAN REVIEW AND COMMENT.] 
 28.8      The office of strategic and long-range planning shall, over 
 28.9   time, compile and review and comment on community-based 
 28.10  comprehensive all local land use plans prepared by being 
 28.11  developed or currently in effect for counties, including the 
 28.12  community-based comprehensive plans of municipalities, and towns 
 28.13  that are incorporated into a county's plan, as required in 
 28.14  section 394.232, subdivision 3.  The purpose of this review is 
 28.15  to determine the extent to which local land use plans conform 
 28.16  with section 4A.08.  Local units must provide copies of their 
 28.17  completed plans or draft plans to the office as requested.  The 
 28.18  director must insure that this review does not interfere with 
 28.19  the office's responsibility to provide planning assistance. 
 28.20     Sec. 27.  [4A.11] [PLANNING ASSISTANCE.] 
 28.21     Subdivision 1.  [DEFINITION.] "Planning assistance" means 
 28.22  but is not limited to:  guidance documents to aid local units of 
 28.23  government in compiling agreements, ordinances, and 
 28.24  organizational structures for the planning process, capital 
 28.25  improvement planning, housing, economic development, and public 
 28.26  participation; coordination of state agency involvement in local 
 28.27  sustainable planning, including identification of regional areas 
 28.28  that are owned, leased or otherwise controlled by the state; 
 28.29  application of geographical information systems and other 
 28.30  technology; and population projections, estimates, and other 
 28.31  available data including soils, geology, natural areas, and 
 28.32  other physical data. 
 28.33     Subd. 2.  [MINNESOTA PLANNING TO PROVIDE ASSISTANCE.] The 
 28.34  office of strategic and long-range planning shall provide 
 28.35  planning assistance to local units of government, including 
 28.36  assistance to meet the planning goals in section 4A.08.  The 
 29.1   office shall provide technical assistance and review and comment 
 29.2   on land use plans prepared by counties, municipalities, and 
 29.3   towns, and it may not withhold assistance from local governments 
 29.4   that chose to deviate from recommendations offered by the 
 29.5   office.  The office shall place a priority on requests for 
 29.6   assistance from townships and small cities. 
 29.7      Sec. 28.  [5.075] [SECRETARY OF STATE REVOLVING FUND.] 
 29.8      Notwithstanding other law to the contrary, all fees and 
 29.9   other revenue received by the secretary of state, other than 
 29.10  fees related to election duties, must be deposited in a 
 29.11  secretary of state revolving fund.  Money in the fund is 
 29.12  continuously appropriated to the secretary of state. 
 29.13     Sec. 29.  [6.025] [STATE AUDITOR REVOLVING FUND.] 
 29.14     All revenue from billings and other fees received by the 
 29.15  state auditor must be deposited in a state auditor revolving 
 29.16  fund.  Money in the fund is continuously appropriated to the 
 29.17  state auditor. 
 29.18     Sec. 30.  Minnesota Statutes 2000, section 6.48, is amended 
 29.19  to read: 
 29.20     6.48 [EXAMINATION OF COUNTIES; COST, FEES.] 
 29.21     All the powers and duties conferred and imposed upon the 
 29.22  state auditor shall be exercised and performed by the state 
 29.23  auditor in respect to the offices, institutions, public 
 29.24  property, and improvements of several counties of the state.  At 
 29.25  least once in each year, if funds and personnel permit, the 
 29.26  state auditor shall visit, without previous notice, each county 
 29.27  and make a thorough examination of all accounts and records 
 29.28  relating to the receipt and disbursement of the public funds and 
 29.29  the custody of the public funds, including the game and fish 
 29.30  funds, and other property.  The state auditor shall prescribe 
 29.31  and install systems of accounts and financial reports that shall 
 29.32  be uniform, so far as practicable, for the same class of 
 29.33  offices.  A copy of the report of such examination shall be 
 29.34  filed and be subject to public inspection in the office of the 
 29.35  state auditor and another copy in the office of the auditor of 
 29.36  the county thus examined.  The state auditor may accept the 
 30.1   records and audit, or any part thereof, of the department of 
 30.2   human services in lieu of examination of the county social 
 30.3   welfare funds, if such audit has been made within any period 
 30.4   covered by the state auditor's audit of the other records of the 
 30.5   county.  If any such examination shall disclose malfeasance, 
 30.6   misfeasance, or nonfeasance in any office of such county, such 
 30.7   report shall be filed with the county attorney of the county, 
 30.8   and the county attorney shall institute such civil and criminal 
 30.9   proceedings as the law and the protection of the public 
 30.10  interests shall require.  
 30.11     The county receiving such examination, and the division of 
 30.12  game and fish of the department of natural resources of the 
 30.13  state of Minnesota, in the case of the examination of the game 
 30.14  and fish funds, shall pay to the state general auditor revolving 
 30.15  fund, notwithstanding the provisions of section 16A.125, the 
 30.16  total cost and expenses of such examinations, including the 
 30.17  salaries paid to the examiners while actually engaged in making 
 30.18  such examination.  The state auditor on deeming it advisable may 
 30.19  bill counties, having a population of 200,000 or over, monthly 
 30.20  for services rendered and the officials responsible for 
 30.21  approving and paying claims shall cause said bill to be promptly 
 30.22  paid.  The general state auditor revolving fund shall be 
 30.23  credited with all collections made for any such examinations.  
 30.24     Sec. 31.  Minnesota Statutes 2000, section 6.56, 
 30.25  subdivision 2, is amended to read: 
 30.26     Subd. 2.  [BILLINGS BY STATE AUDITOR.] Upon the examination 
 30.27  of the books, records, accounts, and affairs of any political 
 30.28  subdivision, as provided by law, such political subdivision 
 30.29  shall be liable to the state for the total cost and expenses of 
 30.30  such examination, including the salaries paid to the examiners 
 30.31  while actually engaged in making such examination.  The state 
 30.32  auditor may bill such political subdivision monthly for service 
 30.33  rendered and the officials responsible for approving and paying 
 30.34  claims are authorized to pay said bill promptly.  Said payments 
 30.35  shall be without prejudice to any defense against said claims 
 30.36  that may exist or be asserted.  The general state auditor 
 31.1   revolving fund shall be credited with all collections made for 
 31.2   any such examinations, including interest payments made pursuant 
 31.3   to subdivision 3.  
 31.4      Sec. 32.  Minnesota Statutes 2000, section 6.58, is amended 
 31.5   to read: 
 31.6      6.58 [GENERAL FUND.] 
 31.7      The general state auditor revolving fund shall be used to 
 31.8   provide personnel, pay other expenses, and for the acquisition 
 31.9   of equipment used in connection with reimbursable examinations 
 31.10  and other duties pursuant to law.  When full-time personnel are 
 31.11  not available, the state auditor may contract with private 
 31.12  persons, firms, or corporations for accounting and other 
 31.13  technical services.  Notwithstanding any law to the contrary, 
 31.14  the acquisition of equipment may include duplicating equipment 
 31.15  to be used in producing the reports issued by the department.  
 31.16  All receipts from such reimbursable examinations shall be 
 31.17  deposited in the general fund.  The state auditor is directed to 
 31.18  adjust the schedule of charges for such examinations to provide 
 31.19  that such charges shall be sufficient to cover all costs of such 
 31.20  examinations and that the aggregate charges collected shall be 
 31.21  sufficient to pay all salaries and other expenses including 
 31.22  charges for the use of the equipment used in connection with 
 31.23  such reimbursable examinations and including the cost of 
 31.24  contracting for accounting and other technical services.  The 
 31.25  schedule of charges shall be based upon an estimate of the cost 
 31.26  of performing reimbursable examinations including, but not 
 31.27  limited to, salaries, office overhead, equipment, authorized 
 31.28  contracts, and other expenses.  The state auditor may allocate a 
 31.29  proportionate part of the total costs to an hourly or daily 
 31.30  charge for each person or class of persons engaged in the 
 31.31  performance of an examination.  The schedule of charges shall 
 31.32  reflect an equitable charge for the expenses incurred in the 
 31.33  performance of any given examination.  The state auditor shall 
 31.34  review and adjust the schedule of charges for such examinations 
 31.35  at least annually and have all schedules of charges approved by 
 31.36  the commissioner of finance before they are adopted so as to 
 32.1   ensure that the amount collected shall be sufficient to pay all 
 32.2   the costs connected with such examinations during the fiscal 
 32.3   year. 
 32.4      Sec. 33.  Minnesota Statutes 2000, section 7.09, 
 32.5   subdivision 1, is amended to read: 
 32.6      Subdivision 1.  [PROCEDURE.] The state treasurer is 
 32.7   authorized to receive and accept, on behalf of the state, any 
 32.8   gift, bequest, devise, or endowment which may be made by any 
 32.9   person, by will, deed, gift, or otherwise, to or for the benefit 
 32.10  of the state, or any of its departments or agencies, or to or in 
 32.11  aid, or for the benefit, support, or maintenance of any 
 32.12  educational, charitable, or other institution maintained in 
 32.13  whole or in part by the state, or for the benefit of students, 
 32.14  employees, or inmates thereof, or for any proper state purpose 
 32.15  or function, and the money, property, or funds constituting such 
 32.16  gift, bequest, devise, or endowment.  No such gift, bequest, 
 32.17  devise, or endowment whose value is equal to or exceeds $10,000 
 32.18  shall be so accepted unless the commissioner of finance and the 
 32.19  state treasurer determine determines that it is for the interest 
 32.20  of the state to accept it, and approve of and direct the 
 32.21  acceptance.  If the value is less than $10,000, only the state 
 32.22  treasurer need determine that it is for the interest of the 
 32.23  state to accept it, and approve of and direct the 
 32.24  acceptance.  If a gift, bequest, devise, or endowment is money 
 32.25  or other negotiable instruments, then the deposit of it does not 
 32.26  constitute acceptance.  In the event that the money or other 
 32.27  negotiable instruments are deposited but not approved, the 
 32.28  amount deposited must be refunded.  When, in order to effect the 
 32.29  purpose for which any gift, bequest, devise, or endowment has 
 32.30  been accepted, it is necessary to sell property so received, the 
 32.31  state treasurer, upon request of the authority in charge of the 
 32.32  agency, department, or institution concerned, may sell it at a 
 32.33  price which shall be fixed by the state board of investment. 
 32.34     Sec. 34.  Minnesota Statutes 2000, section 10A.01, 
 32.35  subdivision 21, is amended to read: 
 32.36     Subd. 21.  [LOBBYIST.] (a) "Lobbyist" means an individual: 
 33.1      (1) engaged for pay or other consideration, or authorized 
 33.2   to spend money by another individual, association, political 
 33.3   subdivision, or public higher education system, who spends more 
 33.4   than five hours in any month or more than $250, not including 
 33.5   the individual's own travel expenses and membership dues, in any 
 33.6   year, for the purpose of attempting to influence legislative or 
 33.7   administrative action, or the official action of a metropolitan 
 33.8   governmental unit, by communicating or urging others to 
 33.9   communicate with public or local officials; or 
 33.10     (2) who spends more than $250, not including the 
 33.11  individual's own traveling expenses and membership dues, in any 
 33.12  year for the purpose of attempting to influence legislative or 
 33.13  administrative action, or the official action of a metropolitan 
 33.14  governmental unit, by communicating or urging others to 
 33.15  communicate with public or local officials. 
 33.16     (b) "Lobbyist" does not include: 
 33.17     (1) a public official; 
 33.18     (2) an employee of the state, including an employee of any 
 33.19  of the public higher education systems; 
 33.20     (3) an elected local official; 
 33.21     (4) a nonelected local official or an employee of a 
 33.22  political subdivision acting in an official capacity, unless the 
 33.23  nonelected official or employee of a political subdivision 
 33.24  spends more than 50 five hours in any month attempting to 
 33.25  influence legislative or administrative action, or the official 
 33.26  action of a metropolitan governmental unit other than the 
 33.27  political subdivision employing the official or employee, by 
 33.28  communicating or urging others to communicate with public or 
 33.29  local officials, including time spent monitoring legislative or 
 33.30  administrative action, or the official action of a metropolitan 
 33.31  governmental unit, and related research, analysis, and 
 33.32  compilation and dissemination of information relating to 
 33.33  legislative or administrative policy in this state, or to the 
 33.34  policies of metropolitan governmental units; 
 33.35     (5) a party or the party's representative appearing in a 
 33.36  proceeding before a state board, commission, or agency of the 
 34.1   executive branch unless the board, commission, or agency is 
 34.2   taking administrative action; 
 34.3      (6) an individual while engaged in selling goods or 
 34.4   services to be paid for by public funds; 
 34.5      (7) a news medium or its employees or agents while engaged 
 34.6   in the publishing or broadcasting of news items, editorial 
 34.7   comments, or paid advertisements which directly or indirectly 
 34.8   urge official action; 
 34.9      (8) a paid expert witness whose testimony is requested by 
 34.10  the body before which the witness is appearing, but only to the 
 34.11  extent of preparing or delivering testimony; or 
 34.12     (9) a party or the party's representative appearing to 
 34.13  present a claim to the legislature and communicating to 
 34.14  legislators only by the filing of a claim form and supporting 
 34.15  documents and by appearing at public hearings on the claim.  
 34.16     Sec. 35.  Minnesota Statutes 2000, section 11A.075, is 
 34.17  amended to read: 
 34.18     11A.075 [DISCLOSURE OF EXPENSE REIMBURSEMENT.] 
 34.19     (a) A member or employee of the state board must annually 
 34.20  disclose expenses paid for or reimbursed by:  (1) each 
 34.21  investment advisor, consultant, or outside money manager under 
 34.22  contract to the state board; (2) each investment advisor, 
 34.23  consultant, or outside money manager that has bid on a contract 
 34.24  offered by the state board during that year; and (3) each 
 34.25  business, including officers or employees of the business, in 
 34.26  which the state board has invested money under the board's 
 34.27  control during the annual reporting period.  The disclosure 
 34.28  requirement of this paragraph does not apply to expenses or 
 34.29  reimbursements from an investment advisor, consultant, money 
 34.30  manager or business if the board member or employee received 
 34.31  less than $50 during the annual reporting period from that 
 34.32  person or entity. 
 34.33     (b) For purposes of this section, expenses include payments 
 34.34  or reimbursements for meals, entertainment, transportation, 
 34.35  lodging, and seminars. 
 34.36     (c) A member of the state board must disclose any contract 
 35.1   or other arrangement under which the member will perform 
 35.2   services for compensation as a consultant, employee, or 
 35.3   independent contractor for a person or entity other than the 
 35.4   state.  The disclosure must include the person or entity for 
 35.5   whom services will be performed, the duration of the 
 35.6   arrangement, and the compensation that the member of the state 
 35.7   board will receive under the arrangement.  The disclosure must 
 35.8   be made to the campaign finance and public disclosure board on a 
 35.9   form provided by the board.  Disclosure must be made before the 
 35.10  member begins to perform the services, or within 30 days after 
 35.11  the member agrees to perform the services, whichever is sooner.  
 35.12     (d) The disclosure required by this section paragraph (a) 
 35.13  must be filed with the campaign finance and public disclosure 
 35.14  board by April 15 each year.  Each disclosure report must cover 
 35.15  the previous calendar year.  The statement must be on a form 
 35.16  provided by the campaign finance and public disclosure board.  
 35.17  An individual who fails to file the form required by this 
 35.18  section or who files false information, is subject to penalties 
 35.19  specified in sections 10A.09 and 10A.025, subdivision 2. 
 35.20     Sec. 36.  Minnesota Statutes 2000, section 15.0575, 
 35.21  subdivision 3, as amended by Laws 2001, chapter 61, section 1, 
 35.22  is amended to read: 
 35.23     Subd. 3.  [COMPENSATION.] (a) Members of the boards may be 
 35.24  compensated at the rate of $55 a day spent on board activities, 
 35.25  when authorized by the board, plus expenses in the same manner 
 35.26  and amount as authorized by the commissioner's plan adopted 
 35.27  under section 43A.18, subdivision 2.  Members who, as a result 
 35.28  of time spent attending board meetings, incur child care 
 35.29  expenses that would not otherwise have been incurred, may be 
 35.30  reimbursed for those expenses upon board authorization.  
 35.31     (b) Members who are state employees or employees of the 
 35.32  political subdivisions of the state must not receive the daily 
 35.33  payment for activities that occur during working hours for which 
 35.34  they are compensated by the state or political subdivision.  
 35.35  However, a state or political subdivision employee may receive 
 35.36  the daily payment if the employee uses vacation time or 
 36.1   compensatory time accumulated in accordance with a collective 
 36.2   bargaining agreement or compensation plan for board activities.  
 36.3   Members who are state employees or employees of the political 
 36.4   subdivisions of the state may receive the expenses provided for 
 36.5   in this subdivision unless the expenses are reimbursed by 
 36.6   another source.  Members who are state employees or employees of 
 36.7   political subdivisions of the state may be reimbursed for child 
 36.8   care expenses only for time spent on board activities that are 
 36.9   outside their working hours. 
 36.10     (c) Each board must adopt internal standards prescribing 
 36.11  what constitutes a day spent on board activities for purposes of 
 36.12  making daily payments under this subdivision. 
 36.13     <h>[EFFECTIVE DATE.]</h> This section is effective July 1, 2001, 
 36.14  and applies to service on or after that date. 
 36.15     Sec. 37.  Minnesota Statutes 2000, section 15.059, 
 36.16  subdivision 3, as amended by Laws 2001, chapter 61, section 2, 
 36.17  is amended to read: 
 36.18     Subd. 3.  [COMPENSATION.] (a) Members of the advisory 
 36.19  councils and committees may be compensated at the rate of $55 a 
 36.20  day spent on council or committee activities, when authorized by 
 36.21  the council or committee, plus expenses in the same manner and 
 36.22  amount as authorized by the commissioner's plan adopted under 
 36.23  section 43A.18, subdivision 2.  Members who, as a result of time 
 36.24  spent attending council or committee meetings, incur child care 
 36.25  expenses that would not otherwise have been incurred, may be 
 36.26  reimbursed for those expenses upon council or committee 
 36.27  authorization.  
 36.28     (b) Members who are state employees or employees of 
 36.29  political subdivisions must not receive the daily compensation 
 36.30  for activities that occur during working hours for which they 
 36.31  are compensated by the state or political subdivision.  However, 
 36.32  a state or political subdivision employee may receive the daily 
 36.33  payment if the employee uses vacation time or compensatory time 
 36.34  accumulated in accordance with a collective bargaining agreement 
 36.35  or compensation plan for council or committee activity.  Members 
 36.36  who are state employees or employees of the political 
 37.1   subdivisions of the state may receive the expenses provided for 
 37.2   in this section unless the expenses are reimbursed by another 
 37.3   source.  Members who are state employees or employees of 
 37.4   political subdivisions of the state may be reimbursed for child 
 37.5   care expenses only for time spent on board activities that are 
 37.6   outside their working hours. 
 37.7      (c) Each council and committee must adopt internal 
 37.8   standards prescribing what constitutes a day spent on council or 
 37.9   committee activities for purposes of making daily payments under 
 37.10  this subdivision. 
 37.11     <h>[EFFECTIVE DATE.]</h> This section is effective July 1, 2001, 
 37.12  and applies to service on or after that date. 
 37.13     Sec. 38.  Minnesota Statutes 2000, section 15.059, 
 37.14  subdivision 5a, is amended to read: 
 37.15     Subd. 5a.  [LATER EXPIRATION.] Notwithstanding subdivision 
 37.16  5, the advisory councils and committees listed in this 
 37.17  subdivision do not expire June 30, 1997.  These groups expire 
 37.18  June 30, 2001, unless the law creating the group or this 
 37.19  subdivision specifies an earlier expiration date. 
 37.20     Investment advisory council, created in section 11A.08; 
 37.21     Intergovernmental information systems advisory council, 
 37.22  created in section 16B.42, expires June 30, 1999; 
 37.23     Feedlot and manure management advisory committee, created 
 37.24  in section 17.136; 
 37.25     Aquaculture advisory committee, created in section 17.49; 
 37.26     Dairy producers board, created in section 17.76; 
 37.27     Pesticide applicator education and examination review 
 37.28  board, created in section 18B.305; 
 37.29     Advisory seed potato certification task force, created in 
 37.30  section 21.112; 
 37.31     Food safety advisory committee, created in section 28A.20; 
 37.32     Minnesota organic advisory task force, created in section 
 37.33  31.95; 
 37.34     Public programs risk adjustment work group, created in 
 37.35  section 62Q.03; 
 37.36     Workers' compensation self-insurers' advisory committee, 
 38.1   created in section 79A.02; 
 38.2      Youth corps advisory committee, created in section 84.0887; 
 38.3      Iron range off-highway vehicle advisory committee, created 
 38.4   in section 85.013; 
 38.5      Mineral coordinating committee, created in section 93.002; 
 38.6      Game and fish fund citizen advisory committees, created in 
 38.7   section 97A.055; 
 38.8      Wetland heritage advisory committee, created in section 
 38.9   103G.2242; 
 38.10     Wastewater treatment technical advisory committee, created 
 38.11  in section 115.54; 
 38.12     Solid waste management advisory council, created in section 
 38.13  115A.12; 
 38.14     Nuclear waste council, created in section 116C.711; 
 38.15     Genetically engineered organism advisory committee, created 
 38.16  in section 116C.93; 
 38.17     Environment and natural resources trust fund advisory 
 38.18  committee, created in section 116P.06; 
 38.19     Child abuse prevention advisory council, created in section 
 38.20  119A.13; 
 38.21     Chemical abuse and violence prevention council, created in 
 38.22  section 119A.293; 
 38.23     Youth neighborhood centers advisory board, created in 
 38.24  section 119A.295; 
 38.25     Interagency coordinating council, created in section 
 38.26  125A.28, expires June 30, 1999; 
 38.27     Desegregation/integration advisory board, created in 
 38.28  section 124D.892; 
 38.29     Nonpublic education council, created in section 123B.445; 
 38.30     Permanent school fund advisory committee, created in 
 38.31  section 127A.30; 
 38.32     Indian scholarship committee, created in section 124D.84, 
 38.33  subdivision 2; 
 38.34     American Indian education committees, created in section 
 38.35  124D.80; 
 38.36     Summer scholarship advisory committee, created in section 
 39.1   124D.95; 
 39.2      Multicultural education advisory committee, created in 
 39.3   section 124D.894; 
 39.4      Male responsibility and fathering grants review committee, 
 39.5   created in section 124D.33; 
 39.6      Library for the blind and physically handicapped advisory 
 39.7   committee, created in section 134.31; 
 39.8      Higher education advisory council, created in section 
 39.9   136A.031; 
 39.10     Student advisory council, created in section 136A.031; 
 39.11     Cancer surveillance advisory committee, created in section 
 39.12  144.672; 
 39.13     Maternal and child health task force, created in section 
 39.14  145.881; 
 39.15     State community health advisory committee, created in 
 39.16  section 145A.10; 
 39.17     Mississippi River Parkway commission, created in section 
 39.18  161.1419; 
 39.19     School bus safety advisory committee, created in section 
 39.20  169.435; 
 39.21     Advisory council on workers' compensation, created in 
 39.22  section 175.007; 
 39.23     Code enforcement advisory council, created in section 
 39.24  175.008; 
 39.25     Medical services review board, created in section 176.103; 
 39.26     Apprenticeship advisory council, created in section 178.02; 
 39.27     OSHA advisory council, created in section 182.656; 
 39.28     Health professionals services program advisory committee, 
 39.29  created in section 214.32; 
 39.30     Rehabilitation advisory council for the blind, created in 
 39.31  section 248.10; 
 39.32     American Indian advisory council, created in section 
 39.33  254A.035; 
 39.34     Alcohol and other drug abuse advisory council, created in 
 39.35  section 254A.04; 
 39.36     Medical assistance drug formulary committee, created in 
 40.1   section 256B.0625; 
 40.2      Home care advisory committee, created in section 256B.071; 
 40.3      Preadmission screening, alternative care, and home and 
 40.4   community-based services advisory committee, created in section 
 40.5   256B.0911; 
 40.6      Traumatic brain injury advisory committee, created in 
 40.7   section 256B.093; 
 40.8      Minnesota commission serving deaf and hard-of-hearing 
 40.9   people, created in section 256C.28; 
 40.10     American Indian child welfare advisory council, created in 
 40.11  section 260.835; 
 40.12     Juvenile justice advisory committee, created in section 
 40.13  268.29; 
 40.14     Northeast Minnesota economic development fund technical 
 40.15  advisory committees, created in section 298.2213; 
 40.16     Iron range higher education committee, created in section 
 40.17  298.2214; 
 40.18     Northeast Minnesota economic protection trust fund 
 40.19  technical advisory committee, created in section 298.297; 
 40.20     Advisory council on battered women and domestic abuse, 
 40.21  created in section 611A.34. 
 40.22     Sec. 39.  Minnesota Statutes 2000, section 15.50, 
 40.23  subdivision 2, is amended to read: 
 40.24     Subd. 2.  [CAPITOL AREA PLAN.] (a) The board shall prepare, 
 40.25  prescribe, and from time to time, after a public hearing, amend 
 40.26  a comprehensive use plan for the capitol area, called the area 
 40.27  in this subdivision, which consists of that portion of the city 
 40.28  of Saint Paul comprehended within the following boundaries:  
 40.29  Beginning at the point of intersection of the center line of the 
 40.30  Arch-Pennsylvania freeway and the center line of Marion Street, 
 40.31  thence southerly along the center line of Marion Street extended 
 40.32  to a point 50 feet south of the south line of Concordia Avenue, 
 40.33  thence southeasterly along a line extending 50 feet from the 
 40.34  south line of Concordia Avenue to a point 125 feet from the west 
 40.35  line of John Ireland Boulevard, thence southwesterly along a 
 40.36  line extending 125 feet from the west line of John Ireland 
 41.1   Boulevard to the south line of Dayton Avenue, thence 
 41.2   northeasterly from the south line of Dayton Avenue to the west 
 41.3   line of John Ireland Boulevard, thence northeasterly to the 
 41.4   center line of the intersection of Old Kellogg Boulevard and 
 41.5   Summit Avenue, thence northeasterly along the center line of 
 41.6   Summit Avenue to the center line of the new West Kellogg 
 41.7   Boulevard, thence southerly along the east line of the new West 
 41.8   Kellogg Boulevard, to the center line of West Seventh Street, 
 41.9   thence northeasterly along the center line of West Seventh 
 41.10  Street to the center line of the Fifth Street ramp, thence 
 41.11  northwesterly along the center line of the Fifth Street ramp to 
 41.12  the east line of the right-of-way of Interstate Highway 35-E, 
 41.13  thence northeasterly along the east line of the right-of-way of 
 41.14  Interstate Highway 35-E to the south line of the right-of-way of 
 41.15  Interstate Highway 94, thence easterly along the south line of 
 41.16  the right-of-way of Interstate Highway 94 to the west line of 
 41.17  St. Peter Street, thence southerly to the south line of Exchange 
 41.18  Street, thence easterly along the south line of Exchange Street 
 41.19  to the west line of Cedar Street, thence northerly along the 
 41.20  west line of Cedar Street to the center line of Tenth Street, 
 41.21  thence northeasterly along the center line of Tenth Street to 
 41.22  the center line of Minnesota Street, thence northwesterly along 
 41.23  the center line of Minnesota Street to the center line of 
 41.24  Eleventh Street, thence northeasterly along the center line of 
 41.25  Eleventh Street to the center line of Jackson Street, thence 
 41.26  northwesterly along the center line of Jackson Street to the 
 41.27  center line of the Arch-Pennsylvania freeway extended, thence 
 41.28  westerly along the center line of the Arch-Pennsylvania freeway 
 41.29  extended and Marion Street to the point of origin.  
 41.30     Under the comprehensive plan, or a portion of it, the board 
 41.31  may regulate, by means of zoning rules adopted under the 
 41.32  Administrative Procedure Act, the kind, character, height, and 
 41.33  location, of buildings and other structures constructed or used, 
 41.34  the size of yards and open spaces, the percentage of lots that 
 41.35  may be occupied, and the uses of land, buildings and other 
 41.36  structures, within the area.  To protect and enhance the 
 42.1   dignity, beauty, and architectural integrity of the capitol 
 42.2   area, the board is further empowered to include in its zoning 
 42.3   rules design review procedures and standards with respect to any 
 42.4   proposed construction activities in the capitol area 
 42.5   significantly affecting the dignity, beauty, and architectural 
 42.6   integrity of the area.  No person may undertake these 
 42.7   construction activities as defined in the board's rules in the 
 42.8   capitol area without first submitting construction plans to the 
 42.9   board, obtaining a zoning permit from the board, and receiving a 
 42.10  written certification from the board specifying that the person 
 42.11  has complied with all design review procedures and standards.  
 42.12  Violation of the zoning rules is a misdemeanor.  The board may, 
 42.13  at its option, proceed to abate any violation by injunction.  
 42.14  The board and the city of Saint Paul shall cooperate in assuring 
 42.15  that the area adjacent to the capitol area is developed in a 
 42.16  manner that is in keeping with the purpose of the board and the 
 42.17  provisions of the comprehensive plan.  
 42.18     (b) The commissioner of administration shall act as a 
 42.19  consultant to the board with regard to the physical structural 
 42.20  needs of the state.  The commissioner shall make studies and 
 42.21  report the results to the board when it requests reports for its 
 42.22  planning purpose.  
 42.23     (c) No public building, street, parking lot, or monument, 
 42.24  or other construction may be built or altered on any public 
 42.25  lands within the area unless the plans for the project conform 
 42.26  to the comprehensive use plan as specified in paragraph (d) and 
 42.27  to the requirement for competitive plans as specified in 
 42.28  paragraph (e).  No alteration substantially changing the 
 42.29  external appearance of any existing public building approved in 
 42.30  the comprehensive plan or the exterior or interior design of any 
 42.31  proposed new public building the plans for which were secured by 
 42.32  competition under paragraph (e) may be made without the prior 
 42.33  consent of the board.  The commissioner of administration shall 
 42.34  consult with the board regarding internal changes having the 
 42.35  effect of substantially altering the architecture of the 
 42.36  interior of any proposed building.  
 43.1      (d) The comprehensive plan must show the existing land uses 
 43.2   and recommend future uses including:  areas for public taking 
 43.3   and use; zoning for private land and criteria for development of 
 43.4   public land, including building areas, open spaces, monuments, 
 43.5   and other memorials; vehicular and pedestrian circulation; 
 43.6   utilities systems; vehicular storage; elements of landscape 
 43.7   architecture.  No substantial alteration or improvement may be 
 43.8   made to public lands or buildings in the area without the 
 43.9   written approval of the board.  
 43.10     (e) The board shall secure by competitions plans for any 
 43.11  new public building.  Plans for any comprehensive plan, 
 43.12  landscaping scheme, street plan, or property acquisition that 
 43.13  may be proposed, or for any proposed alteration of any existing 
 43.14  public building, landscaping scheme or street plan may be 
 43.15  secured by a similar competition.  A competition must be 
 43.16  conducted under rules prescribed by the board and may be of any 
 43.17  type which meets the competition standards of the American 
 43.18  Institute of Architects.  Designs selected become the property 
 43.19  of the state of Minnesota, and the board may award one or more 
 43.20  premiums in each competition and may pay the costs and fees that 
 43.21  may be required for its conduct.  At the option of the board, 
 43.22  plans for projects estimated to cost less than $1,000,000 may be 
 43.23  approved without competition provided the plans have been 
 43.24  considered by the advisory committee described in paragraph 
 43.25  (h).  Plans for projects estimated to cost less than $400,000 
 43.26  and for construction of streets need not be considered by the 
 43.27  advisory committee if in conformity with the comprehensive plan. 
 43.28     (f) Notwithstanding paragraph (e), an architectural 
 43.29  competition is not required for the design of any light rail 
 43.30  transit station and alignment within the capitol area.  The 
 43.31  board and its advisory committee shall select a preliminary 
 43.32  design for any transit station in the capitol area.  Each stage 
 43.33  of any station's design through working drawings must be 
 43.34  reviewed by the board's advisory committee and approved by the 
 43.35  board to ensure that the station's design is compatible with the 
 43.36  comprehensive plan for the capitol area and the board's design 
 44.1   criteria.  The guideway and track design of any light rail 
 44.2   transit alignment within the capitol area must also be reviewed 
 44.3   by the board's advisory committee and approved by the board. 
 44.4      (g) Of the amount available for the light rail transit 
 44.5   design, adequate funds must be available to the board for design 
 44.6   framework studies and review of preliminary plans for light rail 
 44.7   transit alignment and stations in the capitol area. 
 44.8      (h) The board may not adopt any plan under paragraph (e) 
 44.9   unless it first receives the comments and criticism of an 
 44.10  advisory committee of three persons, each of whom is either an 
 44.11  architect or a planner, who have been selected and appointed as 
 44.12  follows:  one by the board of the arts, one by the board, and 
 44.13  one by the Minnesota Society of the American Institute of 
 44.14  Architects.  Members of the committee may not be contestants 
 44.15  under paragraph (e).  The comments and criticism must be a 
 44.16  matter of public information.  The committee shall advise the 
 44.17  board on all architectural and planning matters.  For that 
 44.18  purpose, the committee must be kept currently informed 
 44.19  concerning, and have access to, all data, including all plans, 
 44.20  studies, reports and proposals, relating to the area as the data 
 44.21  are developed or in the process of preparation, whether by the 
 44.22  commissioner of administration, the commissioner of trade and 
 44.23  economic development, the metropolitan council, the city of 
 44.24  Saint Paul, or by any architect, planner, agency or 
 44.25  organization, public or private, retained by the board or not 
 44.26  retained and engaged in any work or planning relating to the 
 44.27  area, and a copy of any data prepared by any public employee or 
 44.28  agency must be filed with the board promptly upon completion.  
 44.29     The board may employ stenographic or technical help that 
 44.30  may be reasonable to assist the committee to perform its duties. 
 44.31     When so directed by the board, the committee may serve as, 
 44.32  and any member or members of the committee may serve on, the 
 44.33  jury or as professional advisor for any architectural 
 44.34  competition, and the board shall select the architectural 
 44.35  advisor and jurors for any competition with the advice of the 
 44.36  committee.  
 45.1      The city of Saint Paul shall advise the board.  
 45.2      (i) The comprehensive plan for the area must be developed 
 45.3   and maintained in close cooperation with the commissioner of 
 45.4   trade and economic development, the planning department and the 
 45.5   council for the city of Saint Paul, and the board of the arts, 
 45.6   and no plan or amendment of a plan may be effective without 90 
 45.7   days' notice to the planning department of the city of Saint 
 45.8   Paul and the board of the arts and without a public hearing with 
 45.9   opportunity for public testimony.  
 45.10     (j) The board and the commissioner of administration, 
 45.11  jointly, shall prepare, prescribe, and from time to time revise 
 45.12  standards and policies governing the repair, alteration, 
 45.13  furnishing, appearance, and cleanliness of the public and 
 45.14  ceremonial areas of the state capitol building.  The board shall 
 45.15  consult with and receive advice from the director of the 
 45.16  Minnesota state historical society regarding the historic 
 45.17  fidelity of plans for the capitol building.  The standards and 
 45.18  policies developed under this paragraph are binding upon the 
 45.19  commissioner of administration.  The provisions of chapter 14, 
 45.20  including section 14.386, do not apply to this paragraph.  
 45.21     (k) The board in consultation with the commissioner of 
 45.22  administration shall prepare and submit to the legislature and 
 45.23  the governor no later than October 1 of each even-numbered year 
 45.24  a report on the status of implementation of the comprehensive 
 45.25  plan together with a program for capital improvements and site 
 45.26  development, and the commissioner of administration shall 
 45.27  provide the necessary cost estimates for the program.  The board 
 45.28  shall report any changes to the comprehensive plan adopted by 
 45.29  the board to the committee on governmental operations and 
 45.30  gambling of the house of representatives and the committee on 
 45.31  governmental operations and reform of the senate and upon 
 45.32  request shall provide testimony concerning the changes.  The 
 45.33  board shall also provide testimony to the legislature on 
 45.34  proposals for memorials in the capitol area as to their 
 45.35  compatibility with the standards, policies, and objectives of 
 45.36  the comprehensive plan. 
 46.1      (l) The state shall, by the attorney general upon the 
 46.2   recommendation of the board and within appropriations available 
 46.3   for that purpose, acquire by gift, purchase, or eminent domain 
 46.4   proceedings any real property situated in the area described in 
 46.5   this section, and it may also acquire an interest less than a 
 46.6   fee simple interest in the property, if it finds that the 
 46.7   property is needed for future expansion or beautification of the 
 46.8   area.  
 46.9      (m) The board is the successor of the state veterans 
 46.10  service building commission, and as such may adopt rules and may 
 46.11  reenact the rules adopted by its predecessor under Laws 1945, 
 46.12  chapter 315, and amendments to it.  
 46.13     (n) The board shall meet at the call of the chair and at 
 46.14  such other times as it may prescribe.  
 46.15     (o) The commissioner of administration shall assign 
 46.16  quarters in the state veterans service building to (1) the 
 46.17  department of veterans affairs, of which a part that the 
 46.18  commissioner of administration and commissioner of veterans 
 46.19  affairs may mutually determine must be on the first floor above 
 46.20  the ground, and (2) the American Legion, Veterans of Foreign 
 46.21  Wars, Disabled American Veterans, Military Order of the Purple 
 46.22  Heart, United Spanish War Veterans, and Veterans of World War I, 
 46.23  and their auxiliaries, incorporated, or when incorporated, under 
 46.24  the laws of the state, and (3) as space becomes available, to 
 46.25  other state departments and agencies as the commissioner may 
 46.26  deem desirable. 
 46.27     Sec. 40.  Minnesota Statutes 2000, section 15.50, is 
 46.28  amended by adding a subdivision to read: 
 46.29     Subd. 2b.  [COMPUTER SYSTEMS.] The commissioner of 
 46.30  administration must provide, at no charge, the board's 
 46.31  connections to state computer networks and other support for the 
 46.32  board's computer systems. 
 46.33     Sec. 41.  Minnesota Statutes 2000, section 15A.0815, 
 46.34  subdivision 1, is amended to read: 
 46.35     Subdivision 1.  [SALARY LIMITS.] The governor or other 
 46.36  appropriate appointing authority shall set the salary rates for 
 47.1   positions listed in this section within the salary limits listed 
 47.2   in subdivisions 2 to 4, subject to approval of the legislative 
 47.3   coordinating commission and the legislature as provided 
 47.4   by subdivision 5 and sections 3.855, and 15A.081, subdivision 7b 
 47.5   , and 43A.18, subdivision 5. 
 47.6      Sec. 42.  Minnesota Statutes 2000, section 15A.0815, is 
 47.7   amended by adding a subdivision to read: 
 47.8      Subd. 5.  [APPOINTING AUTHORITIES TO RECOMMEND CERTAIN 
 47.9   SALARIES.] (a) The governor, or other appropriate appointing 
 47.10  authority, may submit to the legislative coordinating commission 
 47.11  recommendations for salaries within the salary limits for the 
 47.12  positions listed in subdivisions 2 to 4.  An appointing 
 47.13  authority may also propose additions or deletions of positions 
 47.14  from those listed. 
 47.15     (b) Before submitting the recommendations, the appointing 
 47.16  authority shall consult with the commissioner of employee 
 47.17  relations concerning the recommendations.  
 47.18     (c) In making recommendations, the appointing authority 
 47.19  shall consider the criteria established in section 43A.18, 
 47.20  subdivision 8, and the performance of individual incumbents.  
 47.21  The performance evaluation must include a review of an 
 47.22  incumbent's progress toward attainment of affirmative action 
 47.23  goals.  The appointing authority shall establish an objective 
 47.24  system for quantifying knowledge, abilities, duties, 
 47.25  responsibilities, and accountabilities, and in determining 
 47.26  recommendations, rate each position by this system. 
 47.27     (d) Before the appointing authority's recommended salaries 
 47.28  take effect, the recommendations must be reviewed and approved, 
 47.29  rejected, or modified by the legislative coordinating commission 
 47.30  and the legislature under section 3.855, subdivisions 2 and 3.  
 47.31  If, when the legislature is not in session, the commission fails 
 47.32  to reject or modify salary recommendations of the governor 
 47.33  within 30 calendar days of their receipt, the recommendations 
 47.34  are deemed to be approved. 
 47.35     (e) The appointing authority shall set the initial salary 
 47.36  of a head of a new agency or a chair of a new metropolitan board 
 48.1   or commission whose salary is not specifically prescribed by law 
 48.2   after consultation with the commissioner, whose recommendation 
 48.3   is advisory only.  The amount of the new salary must be 
 48.4   comparable to the salary of an agency head or commission chair 
 48.5   having similar duties and responsibilities. 
 48.6      (f) The salary of a newly appointed head of an agency or 
 48.7   chair of a metropolitan agency listed in subdivisions 2 to 4, 
 48.8   may be increased or decreased by the appointing authority from 
 48.9   the salary previously set for that position within 30 days of 
 48.10  the new appointment after consultation with the commissioner.  
 48.11  If the appointing authority increases a salary under this 
 48.12  paragraph, the appointing authority shall submit the new salary 
 48.13  to the legislative coordinating commission and the full 
 48.14  legislature for approval, modification, or rejection under 
 48.15  section 3.855, subdivisions 2 and 3.  If, when the legislature 
 48.16  is not in session, the commission fails to reject or modify 
 48.17  salary recommendations of the governor within 30 calendar days 
 48.18  of their receipt, the recommendations are deemed to be approved. 
 48.19     Sec. 43.  Minnesota Statutes 2000, section 16A.06, is 
 48.20  amended by adding a subdivision to read: 
 48.21     Subd. 10.  [TECHNOLOGY BUDGET BOOK.] The department shall 
 48.22  prepare a separate budget book for each biennium beginning July 
 48.23  1, 2003, containing all of the administration's technology 
 48.24  initiatives.  The book shall also include a complete inventory 
 48.25  of state-owned and leased technology, along with a projected 
 48.26  replacement schedule.  The inventory shall include information 
 48.27  on how the technology fits into the state's master plan. 
 48.28     Sec. 44.  Minnesota Statutes 2000, section 16A.10, is 
 48.29  amended by adding a subdivision to read: 
 48.30     Subd. 1c.  [PERFORMANCE MEASURES FOR CHANGE ITEMS.] For 
 48.31  each change item in the budget proposal requesting new or 
 48.32  increased funding, the budget document must present proposed 
 48.33  performance measures that can be used to determine if the new or 
 48.34  increased funding is accomplishing its goals. 
 48.35     Sec. 45.  Minnesota Statutes 2000, section 16A.11, 
 48.36  subdivision 6, is amended to read: 
 49.1      Subd. 6.  [BUILDING MAINTENANCE.] The detailed operating 
 49.2   budget must include amounts necessary to maintain state 
 49.3   buildings.  The commissioner of finance, in consultation with 
 49.4   the commissioner of administration, the board of trustees of the 
 49.5   Minnesota state colleges and universities, and the regents of 
 49.6   the University of Minnesota, shall establish budget guidelines 
 49.7   for building maintenance appropriations.  Unless otherwise 
 49.8   provided by the commissioner of finance, the amount to be 
 49.9   budgeted each year for building maintenance is two percent of 
 49.10  the cost of the building, adjusted up or down depending on the 
 49.11  age and condition of the building. 
 49.12     Sec. 46.  [16A.1286] [STATEWIDE SYSTEMS ACCOUNT.] 
 49.13     Subdivision 1.  [CONTINUATION.] The statewide systems 
 49.14  account is a separate account in the general fund.  All money 
 49.15  resulting from billings for statewide systems services must be 
 49.16  deposited in the account.  For the purposes of this section, 
 49.17  statewide systems includes the state accounting system, payroll 
 49.18  system, human resources systems, procurement system, and related 
 49.19  information access systems. 
 49.20     Subd. 2.  [BILLING PROCEDURES.] The commissioner may bill 
 49.21  up to $7,520,000 in each fiscal year for statewide systems 
 49.22  services provided to state agencies, judicial branch agencies, 
 49.23  the University of Minnesota, the Minnesota state colleges and 
 49.24  universities, and other entities.  Billing must be based only on 
 49.25  usage of services relating to statewide systems provided by the 
 49.26  intertechnologies division.  Each agency shall transfer from 
 49.27  agency operating appropriations to the statewide systems account 
 49.28  the amount billed by the commissioner.  Billing policies and 
 49.29  procedures related to statewide systems services must be 
 49.30  developed by the commissioner in consultation with the 
 49.31  commissioners of employee relations and administration, the 
 49.32  University of Minnesota, and the Minnesota state colleges and 
 49.33  universities. 
 49.34     Subd. 3.  [APPROPRIATION.] Money transferred into the 
 49.35  account is appropriated to the commissioner to pay for statewide 
 49.36  systems services during the biennium in which it is appropriated.
 50.1      Sec. 47.  [16A.151] [PROCEEDS OF LITIGATION OR SETTLEMENT.] 
 50.2      Subdivision 1.  [STATE FUNDS; GENERAL FUND.] (a) This 
 50.3   subdivision applies, notwithstanding any law to the contrary, 
 50.4   except as provided in subdivision 2. 
 50.5      (b) A state official may not commence, pursue, or settle 
 50.6   litigation, or settle a matter that could have resulted in 
 50.7   litigation, in a manner that would result in money being 
 50.8   distributed to a person or entity other than the state. 
 50.9      (c) Money recovered by a state official in litigation or in 
 50.10  settlement of a matter that could have resulted in litigation is 
 50.11  state money and must be deposited in the general fund. 
 50.12     Subd. 2.  [EXCEPTIONS.] (a) If a state official litigates 
 50.13  or settles a matter on behalf of specific injured persons or 
 50.14  entities, this section does not prohibit distribution of money 
 50.15  to the specific injured persons or entities on whose behalf the 
 50.16  litigation or settlement efforts were initiated.  If money 
 50.17  recovered on behalf of injured persons or entities cannot 
 50.18  reasonably be distributed to those persons or entities because 
 50.19  they cannot readily be located or identified or because the cost 
 50.20  of distributing the money would outweigh the benefit to the 
 50.21  persons or entities, the money must be paid into the general 
 50.22  fund.  
 50.23     (b) Money recovered on behalf of a fund in the state 
 50.24  treasury other than the general fund may be deposited in that 
 50.25  fund. 
 50.26     (c) This section does not prohibit a state official from 
 50.27  distributing money to a person or entity other than the state in 
 50.28  litigation or potential litigation in which the state is a 
 50.29  defendant or potential defendant. 
 50.30     Subd. 3.  [DEFINITIONS.] For purposes of this section: 
 50.31     (1) "litigation" includes civil, criminal, and 
 50.32  administrative actions; 
 50.33     (2) "money recovered" includes actual damages, punitive or 
 50.34  exemplary damages, statutory damages, and civil and criminal 
 50.35  penalties; and 
 50.36     (3) "state official" means the attorney general, another 
 51.1   constitutional officer, an agency, or an agency employee, acting 
 51.2   in official capacity.  
 51.3      Sec. 48.  Minnesota Statutes 2000, section 16A.152, 
 51.4   subdivision 4, is amended to read: 
 51.5      Subd. 4.  [REDUCTION DEFICIT REMEDIES.] (a) If the 
 51.6   commissioner determines that probable receipts for the general 
 51.7   fund will be less than anticipated, and that the amount 
 51.8   available for the remainder of the biennium will be less than 
 51.9   needed, the commissioner shall, with the approval of the 
 51.10  governor, and after consulting the legislative advisory 
 51.11  commission, reduce the amount in the budget reserve account as 
 51.12  needed to balance expenditures with revenue. 
 51.13     (b) An additional deficit shall, with the approval of the 
 51.14  governor, and after consulting the legislative advisory 
 51.15  commission, be made up by reducing unexpended allotments of any 
 51.16  prior appropriation or transfer.  Notwithstanding any other law 
 51.17  to the contrary, the commissioner is empowered to defer or 
 51.18  suspend prior statutorily created obligations which would 
 51.19  prevent effecting such reductions.  
 51.20     (c) If the commissioner determines that probable receipts 
 51.21  for any other fund, appropriation, or item will be less than 
 51.22  anticipated, and that the amount available for the remainder of 
 51.23  the term of the appropriation or for any allotment period will 
 51.24  be less than needed, the commissioner shall notify the agency 
 51.25  concerned and then reduce the amount allotted or to be allotted 
 51.26  so as to prevent a deficit. 
 51.27     (d) In reducing allotments, the commissioner may consider 
 51.28  other sources of revenue available to recipients of state 
 51.29  appropriations and may apply allotment reductions based on all 
 51.30  sources of revenue available.  
 51.31     (e) In like manner, the commissioner shall reduce 
 51.32  allotments to an agency by the amount of any saving that can be 
 51.33  made over previous spending plans through a reduction in prices 
 51.34  or other cause proceed, in alphabetical order to the extent 
 51.35  necessary, with the remedies in the paragraphs in this 
 51.36  subdivision. 
 52.1      (a)  [USE SAVINGS.] The commissioner shall first reduce 
 52.2   allotments to an agency by the amount of any savings that can be 
 52.3   made over previous spending plans through a reduction in prices 
 52.4   or other cause. 
 52.5      (b)  [USE OTHER SOURCES.] The commissioner shall next 
 52.6   consider other sources of revenue available to recipients of 
 52.7   state appropriations and may apply allotment reductions based on 
 52.8   all sources of revenue available. 
 52.9      (c)  [REDUCE BUDGET RESERVE ACCOUNT; GENERAL FUND.] With 
 52.10  the approval of the governor, and after consulting with the 
 52.11  legislative advisory commission, the commissioner may reduce the 
 52.12  amount in the budget reserve account as needed to balance 
 52.13  expenditures with revenue. 
 52.14     (d)  [TEN PERCENT ALLOTMENT REDUCTION.] The commissioner 
 52.15  shall, with the approval of the governor, reduce state agencies' 
 52.16  allotments for unencumbered, unobligated operating expenditures 
 52.17  and discretionary grants up to ten percent of total authorized 
 52.18  spending for the biennium. 
 52.19     (e)  [NEW, EXPANDED, OR FUTURE PROGRAMS.] The commissioner 
 52.20  may, with the approval of the governor, reduce or delay 
 52.21  unencumbered and unobligated allotments for appropriations for 
 52.22  spending authorizations that represent new or expanded programs 
 52.23  or program eligibility that have future implementation dates. 
 52.24     (f)  [REDUCE UNEXPENDED ALLOTMENTS; OTHER FUNDS.] If the 
 52.25  commissioner determines that probable receipts for any other 
 52.26  fund, appropriation, or item will be less than anticipated, and 
 52.27  that the amount available for the remainder of the term of the 
 52.28  appropriation or for any allotment period will be less than 
 52.29  needed, the commissioner shall notify the agency concerned and 
 52.30  then reduce the amount allotted or to be allotted so as to 
 52.31  prevent a deficit. 
 52.32     Sec. 49.  Minnesota Statutes 2000, section 16A.152, 
 52.33  subdivision 7, is amended to read: 
 52.34     Subd. 7.  [DELAY; REDUCTION.] The commissioner may delay 
 52.35  paying up to 15 percent of an appropriation to a special taxing 
 52.36  district or a system of higher education in that entity's fiscal 
 53.1   year for up to 60 days after the start of its next fiscal year.  
 53.2   The delayed amount is subject to allotment reduction under 
 53.3   subdivision 1 4. 
 53.4      Sec. 50.  Minnesota Statutes 2000, section 16B.58, is 
 53.5   amended by adding a subdivision to read: 
 53.6      Subd. 6a.  [PARKING RESTRICTIONS.] Notwithstanding 
 53.7   subdivision 6: 
 53.8      (1) parking is prohibited on the terraces adjacent to the 
 53.9   carriage entrance on the south side of the capitol building; 
 53.10     (2) the ten parking spaces on Aurora Avenue closest to the 
 53.11  main entrance of the capitol building must be reserved for 
 53.12  parking by physically disabled persons displaying a certificate 
 53.13  issued under section 169.345; and 
 53.14     (3) the remainder of the parking spaces on Aurora Avenue 
 53.15  must be reserved for the general public during legislative 
 53.16  sessions. 
 53.17     Sec. 51.  Minnesota Statutes 2000, section 16B.60, 
 53.18  subdivision 3, is amended to read: 
 53.19     Subd. 3.  [MUNICIPALITY.] "Municipality" means a city, 
 53.20  county, or town meeting the requirements of section 368.01, 
 53.21  subdivision 1, the University of Minnesota, or the state for 
 53.22  public buildings and state licensed facilities.  
 53.23     Sec. 52.  Minnesota Statutes 2000, section 16B.60, is 
 53.24  amended by adding a subdivision to read: 
 53.25     Subd. 12.  [DESIGNATE.] "Designate" means the formal 
 53.26  designation by a municipality's administrative authority of a 
 53.27  certified building official accepting responsibility for code 
 53.28  administration. 
 53.29     Sec. 53.  Minnesota Statutes 2000, section 16B.60, is 
 53.30  amended by adding a subdivision to read: 
 53.31     Subd. 13.  [ADMINISTRATIVE AUTHORITY.] "Administrative 
 53.32  authority" means a municipality's governing body or their 
 53.33  assigned administrative authority. 
 53.34     Sec. 54.  Minnesota Statutes 2000, section 16B.61, 
 53.35  subdivision 1, is amended to read: 
 53.36     Subdivision 1.  [ADOPTION OF CODE.] Subject to sections 
 54.1   16B.59 to 16B.75, the commissioner shall by rule establish a 
 54.2   code of standards for the construction, reconstruction, 
 54.3   alteration, and repair of buildings, governing matters of 
 54.4   structural materials, design and construction, fire protection, 
 54.5   health, sanitation, and safety, including design and 
 54.6   construction standards regarding heat loss control, 
 54.7   illumination, and climate control.  The code must also include 
 54.8   duties and responsibilities for code administration, including 
 54.9   procedures for administrative action, penalties, and suspension 
 54.10  and revocation of certification.  The code must conform insofar 
 54.11  as practicable to model building codes generally accepted and in 
 54.12  use throughout the United States, including a code for building 
 54.13  conservation.  In the preparation of the code, consideration 
 54.14  must be given to the existing statewide specialty codes 
 54.15  presently in use in the state.  Model codes with necessary 
 54.16  modifications and statewide specialty codes may be adopted by 
 54.17  reference.  The code must be based on the application of 
 54.18  scientific principles, approved tests, and professional 
 54.19  judgment.  To the extent possible, the code must be adopted in 
 54.20  terms of desired results instead of the means of achieving those 
 54.21  results, avoiding wherever possible the incorporation of 
 54.22  specifications of particular methods or materials.  To that end 
 54.23  the code must encourage the use of new methods and new 
 54.24  materials.  Except as otherwise provided in sections 16B.59 to 
 54.25  16B.75, the commissioner shall administer and enforce the 
 54.26  provisions of those sections.  
 54.27     Sec. 55.  Minnesota Statutes 2000, section 16B.65, is 
 54.28  amended to read: 
 54.29     16B.65 [BUILDING OFFICIALS.] 
 54.30     Subdivision 1.  [APPOINTMENTS DESIGNATION.] The governing 
 54.31  body of By January 1, 2002, each municipality shall, unless 
 54.32  other means are already provided, appoint designate a building 
 54.33  official to administer the code.  A municipality may designate 
 54.34  no more than one building official responsible for code 
 54.35  administration defined by each certification category 
 54.36  established in rule.  Two or more municipalities may combine in 
 55.1   the appointment designation of a single building official for 
 55.2   the purpose of administering the provisions of the code within 
 55.3   their communities.  In those municipalities for which no 
 55.4   building officials have been appointed designated, the state 
 55.5   building official, with the approval of the commissioner, may 
 55.6   appoint building officials to serve until the municipalities 
 55.7   have made an appointment.  If unable to make an appointment, the 
 55.8   state building official may use whichever state employees or 
 55.9   state agencies are necessary to perform the duties of the 
 55.10  building official until the municipality makes a temporary or 
 55.11  permanent designation.  All costs incurred by virtue of an 
 55.12  appointment by the state building official or these services 
 55.13  rendered by state employees must be borne by the involved 
 55.14  municipality. and receipts arising from the appointment these 
 55.15  services must be paid into the state treasury and credited to 
 55.16  the special revenue general fund.  
 55.17     Subd. 2.  [QUALIFICATIONS.] A building official, to be 
 55.18  eligible for appointment designation, must be certified and have 
 55.19  the experience in design, construction, and supervision which 
 55.20  the commissioner deems necessary and must be generally informed 
 55.21  on the quality and strength of building materials, accepted 
 55.22  building construction requirements, and the nature of equipment 
 55.23  and needs conducive to the safety, comfort, and convenience of 
 55.24  building occupants.  Each building official must be certified 
 55.25  under this section, except that the qualifications outlined in 
 55.26  this section are not mandatory regarding any building official 
 55.27  in any municipality engaged in the administration of a building 
 55.28  code on May 27, 1971, and continuing that function through July 
 55.29  1, 1972 No person may be designated as a building official for a 
 55.30  municipality unless the commissioner determines that the 
 55.31  official is qualified as provided in subdivision 3.  
 55.32     Subd. 3.  [CERTIFICATION.] The commissioner shall:  
 55.33     (1) prepare and conduct written and practical examinations 
 55.34  to determine if a person is qualified pursuant to subdivision 2 
 55.35  to be a building official; 
 55.36     (2) accept documentation of successful completion of 
 56.1   testing programs developed by nationally recognized testing 
 56.2   agencies, as proof of qualification pursuant to subdivision 2; 
 56.3   or 
 56.4      (3) determine qualifications by both clauses (1) and (2).  
 56.5      Upon a determination of qualification under clause (1), 
 56.6   (2), or both of them, the commissioner shall issue a certificate 
 56.7   to the building official stating that the official is 
 56.8   certified.  Each person applying for examination and 
 56.9   certification pursuant to this section shall pay a nonrefundable 
 56.10  fee of $70.  The commissioner or a designee may establish 
 56.11  classes categories of certification that will recognize the 
 56.12  varying complexities of code enforcement in the municipalities 
 56.13  within the state.  Except as provided by subdivision 2, no 
 56.14  person may act as a building official for a municipality unless 
 56.15  the commissioner determines that the official is qualified.  The 
 56.16  commissioner shall provide educational programs designed to 
 56.17  train and assist building officials in carrying out their 
 56.18  responsibilities. 
 56.19     The department of employee relations may, at the request of 
 56.20  the commissioner, provide statewide testing services. 
 56.21     Subd. 4.  [DUTIES.] Building officials shall, in the 
 56.22  municipality for which they are appointed designated, attend to 
 56.23  be responsible for all aspects of code administration for which 
 56.24  they are certified, including the issuance of all building 
 56.25  permits and the inspection of all manufactured home 
 56.26  installations.  The commissioner may direct a municipality with 
 56.27  a building official to perform services for another 
 56.28  municipality, and in that event the municipality being served 
 56.29  shall pay the municipality rendering the services the reasonable 
 56.30  costs of the services.  The costs may be subject to approval by 
 56.31  the commissioner.  
 56.32     Subd. 5.  [REMOVAL FROM OFFICE OVERSIGHT COMMITTEE.] Except 
 56.33  as otherwise provided for by law the commissioner may, upon 
 56.34  notice and hearing, direct the dismissal of a building official 
 56.35  when it appears to the commissioner by competent evidence that 
 56.36  the building official has consistently failed to act in the 
 57.1   public interest in the performance of duties.  Notice must be 
 57.2   provided and the hearing conducted in accordance with the 
 57.3   provisions of chapter 14 governing contested case proceedings.  
 57.4   Nothing in this subdivision limits or otherwise affects the 
 57.5   authority of a municipality to dismiss or suspend a building 
 57.6   official at its discretion, except as otherwise provided for by 
 57.7   law.  (a) The commissioner shall establish a code administration 
 57.8   oversight committee to evaluate, mediate, and recommend to the 
 57.9   commissioner any administrative action, penalty, suspension, or 
 57.10  revocation with respect to complaints filed with or information 
 57.11  received by the commissioner alleging or indicating the 
 57.12  unauthorized performance of official duties or unauthorized use 
 57.13  of the title certified building official, or a violation of 
 57.14  statute, rule, or order that the commissioner has issued or is 
 57.15  empowered to enforce.  The committee consists of five certified 
 57.16  building officials, at least two of whom must be from 
 57.17  nonmetropolitan counties.  Committee members must be compensated 
 57.18  according to section 15.059, subdivision 3.  The commissioner's 
 57.19  designee shall act as an ex-officio member of the oversight 
 57.20  committee.  
 57.21     (b) If the commissioner has a reasonable basis to believe 
 57.22  that a person has engaged in an act or practice constituting the 
 57.23  unauthorized performance of official duties, the unauthorized 
 57.24  use of the title certified building official, or a violation of 
 57.25  a statute, rule, or order that the commissioner has issued or is 
 57.26  empowered to enforce, the commissioner may proceed with 
 57.27  administrative actions or penalties as described in subdivision 
 57.28  6 or suspension or revocation as described in subdivision 7.  
 57.29     Subd. 6.  [ADMINISTRATIVE ACTION AND PENALTIES.] The 
 57.30  commissioner shall, by rule, establish a graduated schedule of 
 57.31  administrative actions for violations of sections 16B.59 to 
 57.32  16B.75 and rules adopted under those sections.  The schedule 
 57.33  must be based on and reflect the culpability, frequency, and 
 57.34  severity of the violator's actions.  The commissioner may impose 
 57.35  a penalty from the schedule on a certification holder for a 
 57.36  violation of sections 16B.59 to 16B.75 and rules adopted under 
 58.1   those sections.  The penalty is in addition to any criminal 
 58.2   penalty imposed for the same violation.  Administrative monetary 
 58.3   penalties imposed by the commissioner must be paid to the 
 58.4   general fund.  
 58.5      Subd. 7.  [SUSPENSION; REVOCATION.] Except as otherwise 
 58.6   provided for by law, the commissioner may, upon notice and 
 58.7   hearing, revoke or suspend or refuse to issue or reissue a 
 58.8   building official certification if the applicant, building 
 58.9   official, or certification holder: 
 58.10     (a) violates a provision of sections 16B.59 to 16B.75 or a 
 58.11  rule adopted under those sections; 
 58.12     (b) engages in fraud, deceit, or misrepresentation while 
 58.13  performing the duties of a certified building official; 
 58.14     (c) makes a false statement in an application submitted to 
 58.15  the commissioner or in a document required to be submitted to 
 58.16  the commissioner; or 
 58.17     (d) violates an order of the commissioner.  
 58.18     Notice must be provided and the hearing conducted in 
 58.19  accordance with the provisions of chapter 14 governing contested 
 58.20  case proceedings.  Nothing in this subdivision limits or 
 58.21  otherwise affects the authority of a municipality to dismiss or 
 58.22  suspend a building official at its discretion, except as 
 58.23  otherwise provided for by law. 
 58.24     Subd. 6 8.  [VACANCIES.] In the event that a certified 
 58.25  designated building official vacates that position is vacant 
 58.26  within a municipality, that municipality shall appoint designate 
 58.27  a certified building official to fill the vacancy as soon as 
 58.28  possible.  The commissioner must be notified of any vacancy or 
 58.29  designation in writing within 15 days.  If the municipality 
 58.30  fails to appoint designate a certified building official within 
 58.31  90 15 days of the occurrence of the vacancy, the state building 
 58.32  official may make the appointment or provide state employees to 
 58.33  serve that function as provided in subdivision 1 until the 
 58.34  municipality makes a temporary or permanent designation.  
 58.35  Municipalities must not issue permits without a designated 
 58.36  certified building official.  
 59.1      Subd. 7 9.  [CONTINUING EDUCATION.] Subject to sections 
 59.2   16B.59 to 16B.75, the commissioner may by rule establish or 
 59.3   approve continuing education programs for municipal building 
 59.4   officials dealing with matters of building code administration, 
 59.5   inspection, and enforcement.  
 59.6      Effective January 1, 1985, Each person certified as a 
 59.7   building official for the state must satisfactorily complete 
 59.8   applicable educational programs established or approved by the 
 59.9   commissioner every three calendar years to retain certification. 
 59.10     Each person certified as a building official must submit in 
 59.11  writing to the commissioner an application for renewal of 
 59.12  certification within 60 days of the last day of the third 
 59.13  calendar year following the last certificate issued.  Each 
 59.14  application for renewal must be accompanied by proof of 
 59.15  satisfactory completion of minimum continuing education 
 59.16  requirements and the certification renewal fee established by 
 59.17  the commissioner.  
 59.18     For persons certified prior to January 1, 1985, the first 
 59.19  three-year period commences January 1, 1985. 
 59.20     Sec. 56.  Minnesota Statutes 2000, section 16B.70, 
 59.21  subdivision 2, is amended to read: 
 59.22     Subd. 2.  [COLLECTION AND REPORTS.] All permit surcharges 
 59.23  must be collected by each municipality and a portion of them 
 59.24  remitted to the state.  Each municipality having a population 
 59.25  greater than 20,000 people shall prepare and submit to the 
 59.26  commissioner once a month a report of fees and surcharges on 
 59.27  fees collected during the previous month but shall retain the 
 59.28  greater of two percent or that amount collected up to $25 to 
 59.29  apply against the administrative expenses the municipality 
 59.30  incurs in collecting the surcharges.  All other municipalities 
 59.31  shall submit the report and surcharges on fees once a quarter 
 59.32  but shall retain the greater of four percent or that amount 
 59.33  collected up to $25 to apply against the administrative expenses 
 59.34  the municipalities incur in collecting the surcharges.  The 
 59.35  report, which must be in a form prescribed by the commissioner, 
 59.36  must be submitted together with a remittance covering the 
 60.1   surcharges collected by the 15th day following the month or 
 60.2   quarter in which the surcharges are collected.  All money 
 60.3   collected by the commissioner through surcharges and other fees 
 60.4   prescribed by sections 16B.59 to 16B.75 shall be deposited in 
 60.5   the state government special revenue fund and is appropriated to 
 60.6   the commissioner for the purpose of administering and enforcing 
 60.7   the State Building Code under sections 16B.59 to 16B.75 general 
 60.8   fund. 
 60.9      Sec. 57.  Minnesota Statutes 2000, section 16B.76, 
 60.10  subdivision 1, is amended to read: 
 60.11     Subdivision 1.  [MEMBERSHIP.] (a) The construction codes 
 60.12  advisory council consists of the following members: 
 60.13     (1) the commissioner of administration or the 
 60.14  commissioner's designee representing the department's building 
 60.15  codes and standards division; 
 60.16     (2) the commissioner of health or the commissioner's 
 60.17  designee representing an environmental health section of the 
 60.18  department; 
 60.19     (3) the commissioner of public safety or the commissioner's 
 60.20  designee representing the department's state fire marshal 
 60.21  division; 
 60.22     (4) the commissioner of public service or the 
 60.23  commissioner's designee representing the department's energy 
 60.24  regulation and resource management division; and 
 60.25     (5) one member representing each of the following 
 60.26  occupations or entities, appointed by the commissioner of 
 60.27  administration: 
 60.28     (i) a certified building official; 
 60.29     (ii) a fire service representative; 
 60.30     (iii) a licensed architect; 
 60.31     (iv) a licensed engineer; 
 60.32     (v) a building owners and managers representative; 
 60.33     (vi) a licensed residential building contractor; 
 60.34     (vii) a commercial building contractor; 
 60.35     (viii) a heating and ventilation contractor; 
 60.36     (ix) a plumbing contractor; 
 61.1      (x) a representative of a construction and building trades 
 61.2   union; and 
 61.3      (xi) a local unit of government representative. 
 61.4      (b) For members who are not state officials or employees, 
 61.5   terms, compensation, removal, and the filling of vacancies are 
 61.6   governed by section 15.059.  The council shall select one of its 
 61.7   members to serve as chair. 
 61.8      (c) The council expires June 30, 2001 2003. 
 61.9      Sec. 58.  Minnesota Statutes 2000, section 16B.88, 
 61.10  subdivision 1, is amended to read: 
 61.11     Subdivision 1.  [INFORMATION CENTER FOR VOLUNTEER 
 61.12  PROGRAMS.] (a) The office of citizenship and volunteer services 
 61.13  is under the supervision and administration of a director 
 61.14  appointed by the commissioner governor.  The office shall:  (1) 
 61.15  operate as a state information, technical assistance, and 
 61.16  promotion center for volunteer programs; and (2) promote and 
 61.17  facilitate citizen participation in local governance and public 
 61.18  problem solving. 
 61.19     (b) In furtherance of the mission in paragraph (a), clause 
 61.20  (2), the office shall: 
 61.21     (1) engage in education and other activities designed to 
 61.22  enhance the capacity of citizens to solve problems affecting 
 61.23  their communities; 
 61.24     (2) promote and support efforts by citizens, 
 61.25  community-based organizations, nonprofits, churches, and local 
 61.26  governments to collaborate in solving community problems; 
 61.27     (3) encourage local governments to provide increased 
 61.28  opportunities for citizen involvement in public decision making 
 61.29  and public problem solving; 
 61.30     (4) refer innovative approaches to encourage greater public 
 61.31  access to and involvement in state and local government 
 61.32  decisions to appropriate state and local government officials; 
 61.33     (5) encourage units of state and local government to 
 61.34  respond to citizen initiatives and ideas; 
 61.35     (6) promote processes for involving citizens in government 
 61.36  decisions; and 
 62.1      (7) recognize and publicize models of effective public 
 62.2   problem solving by citizens. 
 62.3      Sec. 59.  [16B.9701] [PURCHASES OF MATERIALS MADE WITH 
 62.4   AMERICAN-MADE STEEL.] 
 62.5      Subdivision 1.  [DEFINITIONS.] For purposes of this 
 62.6   section, the terms defined in paragraphs (a) to (c) have the 
 62.7   meanings given them: 
 62.8      (a) "materials" means goods, supplies, equipment, or other 
 62.9   tangible products or materials; 
 62.10     (b) "public agency" includes all state agencies, the state 
 62.11  legislative and judicial branches, any governmental unit as 
 62.12  defined in section 471.59, state colleges and universities, and 
 62.13  any contractor under a contract with a public agency; and 
 62.14     (c) "purchase" means acquire by purchase or lease. 
 62.15     Subd. 2.  [REQUIREMENT.] Notwithstanding the provisions of 
 62.16  any other law to the contrary, no materials containing steel may 
 62.17  be purchased by a public agency for use for governmental 
 62.18  purposes unless the public agency gives first priority to 
 62.19  products containing steel produced in the United States.  This 
 62.20  provision does not apply if the product containing steel 
 62.21  produced in the United States costs in excess of five percent 
 62.22  more than other products.  To the extent possible, bid 
 62.23  specifications for the purchase of materials must be written so 
 62.24  as to permit the public agency to purchase materials in 
 62.25  compliance with this section. 
 62.26     Subd. 3.  [EXEMPTION.] Subdivision 2 does not apply if the 
 62.27  person having contracting authority in respect to the purchase 
 62.28  determines that the materials containing steel are not 
 62.29  manufactured in the United States in sufficient or reasonably 
 62.30  available quantities. 
 62.31     Sec. 60.  Minnesota Statutes 2000, section 16C.03, 
 62.32  subdivision 3, is amended to read: 
 62.33     Subd. 3.  [ACQUISITION AUTHORITY.] The commissioner shall 
 62.34  acquire all goods, services, and utilities needed by agencies.  
 62.35  The commissioner shall acquire goods, services, and utilities by 
 62.36  requests for bids, requests for proposals, reverse auctions as 
 63.1   provided in section 16C.10, subdivision 7, or other methods 
 63.2   provided by law, unless a section of law requires a particular 
 63.3   method of acquisition to be used.  The commissioner shall make 
 63.4   all decisions regarding acquisition activities.  The 
 63.5   determination of the acquisition method and all decisions 
 63.6   involved in the acquisition process, unless otherwise provided 
 63.7   for by law, shall be based on best value which includes an 
 63.8   evaluation of price and may include other considerations 
 63.9   including, but not limited to, environmental considerations, 
 63.10  quality, and vendor performance.  A best value determination 
 63.11  must be based on the evaluation criteria detailed in the 
 63.12  solicitation document.  If criteria other than price are used, 
 63.13  the solicitation document must state the relative importance of 
 63.14  price and other factors.  Unless it is determined by the 
 63.15  commissioner that an alternative solicitation method provided by 
 63.16  law should be used to determine best value, a request for bid 
 63.17  must be used to solicit formal responses for all building and 
 63.18  construction contracts.  Any or all responses may be rejected.  
 63.19  When using the request for bid process, the bid must be awarded 
 63.20  to the lowest responsive and responsible bidder, taking into 
 63.21  consideration conformity with the specifications, terms of 
 63.22  delivery, the purpose for which the contract or purchase is 
 63.23  intended, the status and capability of the vendor, and other 
 63.24  considerations imposed in the request for bids.  The 
 63.25  commissioner may decide which is the lowest responsible bidder 
 63.26  for all purchases and may must use the principles of life-cycle 
 63.27  costing, where appropriate, in determining the lowest overall 
 63.28  bid.  The duties set forth in this subdivision are subject to 
 63.29  delegation pursuant to this section.  
 63.30     Sec. 61.  [16C.055] [BARTER ARRANGEMENTS PROHIBITED.] 
 63.31     An agency may not contract or otherwise agree with a person 
 63.32  or entity outside of state government to receive nonmonetary 
 63.33  consideration in exchange for the agency providing nonmonetary 
 63.34  consideration, unless such an agreement is specifically 
 63.35  authorized by law.  This section shall not apply to contracts or 
 63.36  agreements entered into by the Minnesota zoological board under 
 64.1   chapter 85A or the director of the state lottery under chapter 
 64.2   349A. 
 64.3      Sec. 62.  [16C.066] [COST-BENEFIT ANALYSIS.] 
 64.4      (a) The commissioner or an agency official to whom the 
 64.5   commissioner has delegated duties under section 16C.03, 
 64.6   subdivision 16, may not approve a contract or purchase of goods 
 64.7   or services for transit or other transportation purposes in an 
 64.8   amount greater than $5,000,000 unless a cost-benefit analysis 
 64.9   has been completed and shows a positive benefit to the public.  
 64.10  The management analysis division must perform or direct the 
 64.11  performance of the analysis.  A cost-benefit analysis must be 
 64.12  performed for a project if an aggregation of contracts or 
 64.13  purchases for a project exceeds $5,000,000. 
 64.14     (b) All cost-benefit analysis documents under this section, 
 64.15  including preliminary drafts and notes, are public data. 
 64.16     (c) If a cost-benefit analysis does not show a positive 
 64.17  benefit to the public, the governor may approve a contract or 
 64.18  purchase of goods or services if a cost-effectiveness study had 
 64.19  been done that shows the proposed project is the most effective 
 64.20  way to provide a necessary public good. 
 64.21     (d) This section applies to contracts for goods or services 
 64.22  that are expected to have a useful life of more than three 
 64.23  years.  This section does not apply for purchase of goods or 
 64.24  services for response to a natural disaster if an emergency has 
 64.25  been declared by the governor. 
 64.26     (e) This section expires June 30, 2003. 
 64.27     Sec. 63.  Minnesota Statutes 2000, section 16C.25, is 
 64.28  amended to read: 
 64.29     16C.25 [BUILDING AND CONSTRUCTION CONTRACTS.] 
 64.30     (a) Notwithstanding any contrary law, and except as 
 64.31  provided in paragraph (b), the provisions of Minnesota Statutes 
 64.32  1996, section 16B.07, 16B.08, 16B.09, and all other laws 
 64.33  applicable to competitive bidding for building and construction 
 64.34  contracts on June 30, 1998, apply to building and construction 
 64.35  contracts entered into on or after July 1, 1998. 
 64.36     (b) Notwithstanding Minnesota Statutes 1996, section 
 65.1   16C.28, the commissioner must use the principles of life-cycle 
 65.2   costing, where appropriate, in determining the lowest overall 
 65.3   bid.  
 65.4      Sec. 64.  [16E.0465] [TECHNOLOGY APPROVAL.] 
 65.5      Subdivision 1.  [APPLICATION.] This section applies to an 
 65.6   appropriation of more than $1,000,000 of state or federal funds 
 65.7   to a state agency for any information and communications 
 65.8   technology project or data processing device or system or for 
 65.9   any phase of such a project, device, or system.  For purposes of 
 65.10  this section, an appropriation of state or federal funds to a 
 65.11  state agency includes an appropriation:  (1) to the Minnesota 
 65.12  state colleges and universities; (2) to a constitutional 
 65.13  officer; (3) for a project that includes both a state agency and 
 65.14  units of local government; and (4) to a state agency for grants 
 65.15  to be made to other entities. 
 65.16     Subd. 2.  [REQUIRED REVIEW AND APPROVAL.] (a) A state 
 65.17  agency receiving an appropriation for an information and 
 65.18  communications technology project or data processing device or 
 65.19  system subject to this section must divide the project into 
 65.20  phases. 
 65.21     (b) The commissioner of finance may not authorize the 
 65.22  encumbrance or expenditure of an appropriation of state funds to 
 65.23  a state agency for any phase of a project, device, or system 
 65.24  subject to this section unless the office of technology has 
 65.25  reviewed each phase of the project, device, or system, and based 
 65.26  on this review, the commissioner of administration has 
 65.27  determined for each phase that: 
 65.28     (1) the project is compatible with the state information 
 65.29  architecture and other policies and standards established by the 
 65.30  commissioner of administration; and 
 65.31     (2) the agency is able to accomplish the goals of the 
 65.32  project with the funds appropriated. 
 65.33     Subd. 3.  [ROLE OF COMMISSIONER.] Unless money is 
 65.34  appropriated directly to the commissioner of administration, the 
 65.35  role of the commissioner and the office of technology is to 
 65.36  review and approve projects under this section, and not to 
 66.1   design or implement the projects. 
 66.2      Sec. 65.  [16E.055] [COMMON WEB FORMAT.] 
 66.3      A state agency that implements electronic government 
 66.4   services for fees, licenses, sales, or other purposes must use a 
 66.5   common Web page format approved by the commissioner of 
 66.6   administration for those electronic government services.  The 
 66.7   commissioner may create a single entry site for all agencies to 
 66.8   use for electronic government services. 
 66.9      Sec. 66.  [16E.075] [SALARY WEB ACCESS.] 
 66.10     A government unit, as defined under section 16E.07, that 
 66.11  receives state funds, including those through the department of 
 66.12  revenue or finance, must post on its Web site, if any, the 
 66.13  individual salaries and benefits of all the employees of the 
 66.14  government unit. 
 66.15     Sec. 67.  [16E.09] [TECHNOLOGY ENTERPRISE FUND.] 
 66.16     Subdivision 1.  [TECHNOLOGY ENTERPRISE FUND.] A technology 
 66.17  enterprise fund is established.  Money deposited in the fund is 
 66.18  appropriated to the commissioner of administration for the 
 66.19  purpose of funding technology projects among government entities 
 66.20  that promote cooperation, innovation, and shared use of 
 66.21  technology and technology standards, and electronic government 
 66.22  services.  A portion of revenues from the sale of information 
 66.23  technology surplus equipment or data, a portion of funds 
 66.24  collected from rental of communication tower space, and a 
 66.25  portion of refunds from information technology services or 
 66.26  purchases and from savings generated by information technology 
 66.27  and telecommunications projects may be deposited into the fund 
 66.28  upon agreement by the commissioner of administration and the 
 66.29  executive of the government entity generating those funds.  The 
 66.30  commissioner of administration may accept contributions from 
 66.31  other entities or other gifts and grants into the fund.  The 
 66.32  transfer of funds between state agencies is subject to the 
 66.33  approval of the commissioner of finance.  The commissioner of 
 66.34  finance shall notify the chairs of the committees funding the 
 66.35  affected state agencies of such transfers.  Funds are available 
 66.36  until June 30, 2005. 
 67.1      Subd. 2.  [TECHNOLOGY ENTERPRISE BOARD.] A technology 
 67.2   enterprise board is established to advise the state chief 
 67.3   information officer, the office of technology, the governor, the 
 67.4   executive branch, and the legislature regarding information 
 67.5   technology funding and expenditures from the technology 
 67.6   enterprise fund.  The board shall consist of up to 18 members 
 67.7   representing public and private entities with general expertise 
 67.8   in information technology and telecommunications initiatives and 
 67.9   planning.  The state chief information officer shall act as 
 67.10  chair and the office of technology shall provide necessary staff 
 67.11  support.  Nonlegislator members shall be appointed by the 
 67.12  governor, including one nominee representing the state executive 
 67.13  council, one nominee representing the supreme court, and one 
 67.14  nominee representing the higher education advisory council; and 
 67.15  seven at-large members representing the private sector with 
 67.16  experience in business.  The speaker of the house of 
 67.17  representatives and the senate subcommittee on committees shall 
 67.18  each appoint two legislators to the board.  Legislator members 
 67.19  serve at the pleasure of the appointing authority.  Membership 
 67.20  terms, compensation, and removal of nonlegislator board members 
 67.21  are governed by section 15.059, except that terms are three 
 67.22  years and the board expires on June 30, 2005. 
 67.23     Subd. 3.  [REPORT TO LEGISLATURE.] By February 1 each year, 
 67.24  the commissioner of administration shall report to the chairs of 
 67.25  the finance committees in the senate and house of 
 67.26  representatives with jurisdiction over governmental operations 
 67.27  on expenditures and activities under this section. 
 67.28     Subd. 4.  [EXPIRATION.] This section expires June 30, 2005. 
 67.29     Sec. 68.  Minnesota Statutes 2000, section 43A.04, is 
 67.30  amended by adding a subdivision to read: 
 67.31     Subd. 12.  [TOTAL COMPENSATION REPORTING.] (a) The 
 67.32  commissioner, in consultation with the commissioner of finance, 
 67.33  shall report to the governor and the legislature by January 15 
 67.34  each year on executive branch employee salary and benefits.  The 
 67.35  purpose of the report is to assist in effective long-range 
 67.36  planning and to provide data necessary to compute annual and 
 68.1   biennial costs related to the state workforce.  The report must 
 68.2   use data available in the biennial budget system and other 
 68.3   necessary sources.  The report also must be made available to 
 68.4   the public in an electronic format. 
 68.5      (b) The report must be organized by agency.  For each 
 68.6   employee during the previous fiscal year the report must: 
 68.7      (1) list each employee by position number, but not by name; 
 68.8      (2) list the total amount the state spent, by fund, for the 
 68.9   employee's salary and total compensation, including social 
 68.10  security contributions, insurance, and all other benefits and 
 68.11  related costs; 
 68.12     (3) list the employee's length of state service; and 
 68.13     (4) list the total estimated compensation for the 
 68.14  employee's career, assuming the employee works until the normal 
 68.15  retirement age.  
 68.16     Sec. 69.  Minnesota Statutes 2000, section 43A.04, is 
 68.17  amended by adding a subdivision to read: 
 68.18     Subd. 13.  [COMBINED CHARITIES CAMPAIGN.] (a) The 
 68.19  commissioner shall administer the state employee combined 
 68.20  charities campaign.  This duty includes registration of combined 
 68.21  charitable organizations under section 309.501, and coordination 
 68.22  and administration of the process under which state employees 
 68.23  contribute to combined charitable organizations. 
 68.24     (b) The commissioner, in consultation with other 
 68.25  commissioners, shall appoint a voluntary board of state 
 68.26  employees to oversee the conduct of an annual combined charities 
 68.27  campaign.  The board must, to the extent possible, represent a 
 68.28  cross-section of state employee groups and geographic areas 
 68.29  where state employees are located.  The board shall provide 
 68.30  direction to the commissioner's employee assigned to administer 
 68.31  the annual campaign and shall approve any expenditure of state 
 68.32  funds appropriated for purposes of this subdivision. 
 68.33     Sec. 70.  Minnesota Statutes 2000, section 43A.17, 
 68.34  subdivision 9, is amended to read: 
 68.35     Subd. 9.  [POLITICAL SUBDIVISION COMPENSATION LIMIT.] The 
 68.36  salary and the value of all other forms of compensation of a 
 69.1   person employed by a statutory or home rule charter city, 
 69.2   county, town, metropolitan or regional agency, or other 
 69.3   political subdivision of this state excluding a school district, 
 69.4   or employed under section 422A.03, may not exceed 95 percent of 
 69.5   the salary of the governor as set under section 15A.082, except 
 69.6   as provided in this subdivision.  Deferred compensation and 
 69.7   payroll allocations to purchase an individual annuity contract 
 69.8   for an employee are included in determining the employee's 
 69.9   salary.  Other forms of compensation which shall be included to 
 69.10  determine an employee's total compensation are all other direct 
 69.11  and indirect items of compensation which are not specifically 
 69.12  excluded by this subdivision.  Other forms of compensation which 
 69.13  shall not be included in a determination of an employee's total 
 69.14  compensation for the purposes of this subdivision are: 
 69.15     (1) employee benefits that are also provided for the 
 69.16  majority of all other full-time employees of the political 
 69.17  subdivision, vacation and sick leave allowances, health and 
 69.18  dental insurance, disability insurance, term life insurance, and 
 69.19  pension benefits or like benefits the cost of which is borne by 
 69.20  the employee or which is not subject to tax as income under the 
 69.21  Internal Revenue Code of 1986; 
 69.22     (2) dues paid to organizations that are of a civic, 
 69.23  professional, educational, or governmental nature; and 
 69.24     (3) reimbursement for actual expenses incurred by the 
 69.25  employee which the governing body determines to be directly 
 69.26  related to the performance of job responsibilities, including 
 69.27  any relocation expenses paid during the initial year of 
 69.28  employment. 
 69.29     The value of other forms of compensation shall be the 
 69.30  annual cost to the political subdivision for the provision of 
 69.31  the compensation.  The salary of a medical doctor or doctor of 
 69.32  osteopathy occupying a position that the governing body of the 
 69.33  political subdivision has determined requires an M.D. or D.O. 
 69.34  degree is excluded from the limitation in this subdivision.  The 
 69.35  commissioner may increase the limitation in this subdivision for 
 69.36  a position or class of positions that the commissioner has 
 70.1   determined requires special expertise necessitating a higher 
 70.2   salary to attract or retain a qualified person.  In making 
 70.3   determinations on the appropriate salary, the commissioner may 
 70.4   consider evidence of actual or anticipated difficulties in 
 70.5   attracting or retaining a qualified person or persons.  The 
 70.6   commissioner shall review each proposed increase giving due 
 70.7   consideration to salary rates paid to other persons with similar 
 70.8   responsibilities in the state and nation.  The commissioner may 
 70.9   not increase the limitation until the commissioner has presented 
 70.10  the proposed increase to the legislative coordinating commission 
 70.11  and received the commission's recommendation on it.  The 
 70.12  recommendation is advisory only.  If the commission does not 
 70.13  give its recommendation on a proposed increase within 30 days 
 70.14  from its receipt of the proposal, the commission is deemed to 
 70.15  have recommended approval. 
 70.16     Sec. 71.  [43A.235] [CO-PAYMENT REQUIRED.] 
 70.17     A collective bargaining agreement or compensation plan 
 70.18  providing state employee medical and dental insurance or 
 70.19  benefits must require a system of co-payments, including, but 
 70.20  not limited to, office visits and emergency or urgent care 
 70.21  visits, by the employee or a covered dependent. 
 70.22     Sec. 72.  Minnesota Statutes 2000, section 43A.24, 
 70.23  subdivision 1, is amended to read: 
 70.24     Subdivision 1.  [GENERAL.] Employees, including persons on 
 70.25  layoff from a civil service position, and employees who are 
 70.26  employed less than full time, shall be eligible for state paid 
 70.27  life insurance and hospital, medical and dental benefits as 
 70.28  provided in collective bargaining agreements or plans 
 70.29  established pursuant to section 43A.18. 
 70.30     A collective bargaining agreement or plan may provide 
 70.31  state-paid benefits only to an employee or the spouse or 
 70.32  dependent child or dependent grandchild of an employee.  A 
 70.33  collective bargaining agreement or compensation plan may define 
 70.34  a dependent child to include a biological child, a child legally 
 70.35  adopted or placed for adoption with the employee, a foster 
 70.36  child, or a step-child.  A collective bargaining agreement or 
 71.1   compensation plan may provide conditions and limitations on 
 71.2   coverage for employees, spouses, and dependent children or 
 71.3   grandchildren. 
 71.4      Sec. 73.  Minnesota Statutes 2000, section 43A.38, 
 71.5   subdivision 1, is amended to read: 
 71.6      Subdivision 1.  [DEFINITIONS.] For the purpose of this 
 71.7   section the following definitions shall apply: 
 71.8      (a) "Business" means any corporation, partnership, 
 71.9   proprietorship, firm, enterprise, franchise, association, 
 71.10  organization, self-employed individual or any other legal entity 
 71.11  which engages either in nonprofit or profit making activities. 
 71.12     (b) "Confidential information" means any information 
 71.13  obtained under government authority which has not become part of 
 71.14  the body of public information and which, if released 
 71.15  prematurely or in nonsummary form, may provide unfair economic 
 71.16  advantage or adversely affect the competitive position of an 
 71.17  individual or a business. 
 71.18     (c) "Employee" has the meaning given in section 43A.02, 
 71.19  subdivision 21, and includes an executive officer listed in 
 71.20  Minnesota Constitution, article V, section 1. 
 71.21     (d) "Private interest" means any interest, including but 
 71.22  not limited to a financial interest, which pertains to a person 
 71.23  or business whereby the person or business would gain a benefit, 
 71.24  privilege, exemption or advantage from the action of a state 
 71.25  agency or employee that is not available to the general public. 
 71.26     Sec. 74.  Minnesota Statutes 2000, section 43A.38, 
 71.27  subdivision 6, is amended to read: 
 71.28     Subd. 6.  [DETERMINATION OF CONFLICTS OF INTEREST.] (a) 
 71.29  When an employee believes the potential for a conflict of 
 71.30  interest exists, it is the employee's duty to avoid the 
 71.31  situation.  A conflict of interest shall be deemed to exist when 
 71.32  a review of the situation by the employee, the appointing 
 71.33  authority or the commissioner determines any one of the 
 71.34  following conditions to be present: 
 71.35     (a) (1) the use for private gain or advantage of state 
 71.36  time, facilities, equipment or supplies or badge, uniform, 
 72.1   prestige or influence of state office or employment; 
 72.2      (b) (2) receipt or acceptance by the employee of any money 
 72.3   or other thing of value from anyone other than the state for the 
 72.4   performance of an act which the employee would be required or 
 72.5   expected to perform in the regular course or hours of state 
 72.6   employment or as part of the duties as an employee; 
 72.7      (c) (3) employment by a business which is subject to the 
 72.8   direct or indirect control, inspection, review, audit or 
 72.9   enforcement by the employee; or 
 72.10     (d) (4) the performance of an act in other than the 
 72.11  employee's official capacity which may later be subject directly 
 72.12  or indirectly to the control, inspection, review, audit or 
 72.13  enforcement by the employee.  
 72.14     (b) The chief administrative law judge, appointed under 
 72.15  section 14.48, instead of the commissioner, shall make 
 72.16  determinations concerning potential conflicts of interest for an 
 72.17  executive officer listed in Minnesota Constitution, article V, 
 72.18  section 1.  If the chief administrative law judge has a conflict 
 72.19  of interest in a determination under this section, the chief may 
 72.20  assign another administrative law judge to make the 
 72.21  determination. 
 72.22     Sec. 75.  Minnesota Statutes 2000, section 43A.38, 
 72.23  subdivision 7, is amended to read: 
 72.24     Subd. 7.  [RESOLUTION OF CONFLICT OF INTEREST.] (a) This 
 72.25  paragraph applies to an employee other than an executive officer 
 72.26  listed in Minnesota Constitution, article V, section 1.  If the 
 72.27  employee, appointing authority or commissioner determine that a 
 72.28  conflict of interest exists, the matter shall be assigned to 
 72.29  another employee who does not have a conflict of interest.  If 
 72.30  it is not possible to assign the matter to an employee who does 
 72.31  not have a conflict of interest, interested persons shall be 
 72.32  notified of the conflict and the employee may proceed with the 
 72.33  assignment. 
 72.34     (b) An executive officer listed in Minnesota Constitution, 
 72.35  article V, section 1, must attempt to avoid or mitigate a 
 72.36  potential conflict of interest to the greatest extent 
 73.1   practicable.  Any person may request the chief administrative 
 73.2   law judge to determine if a conflict of interest exists for an 
 73.3   executive officer listed in Minnesota Constitution, article V, 
 73.4   section 1.  If the chief administrative law judge determines 
 73.5   that a conflict of interest exists, any person may bring an 
 73.6   action in the district court in Ramsey county to enjoin an 
 73.7   executive officer listed in Minnesota Constitution, article V, 
 73.8   section 1, from engaging in activity that the chief 
 73.9   administrative law judge has determined to constitute a conflict 
 73.10  of interest under this section.  
 73.11     Sec. 76.  [116T.01] [DEFINITIONS.] 
 73.12     For purposes of this chapter: 
 73.13     (1) "board" means the board of directors of Northern 
 73.14  Technology Initiative, Inc.; and 
 73.15     (2) "corporation" means Northern Technology Initiative, Inc.
 73.16     Sec. 77.  [116T.02] [CORPORATION; MEMBERS; BOARD OF 
 73.17  DIRECTORS; POWERS.] 
 73.18     Subdivision 1.  [PUBLIC CORPORATION.] Northern Technology 
 73.19  Initiative, Inc. is a public corporation of the state and is not 
 73.20  subject to the laws governing a state agency except as provided 
 73.21  in this chapter.  The business of the corporation must be 
 73.22  conducted under the name "Northern Technology Initiative, Inc." 
 73.23     Subd. 2.  [PURPOSE.] Northern Technology Initiative, Inc. 
 73.24  is a regional economic initiative of Minnesota counties, 
 73.25  townships, home rule charter or statutory cities within 
 73.26  participating counties, economic development groups, state and 
 73.27  federal agencies, public and private post-secondary 
 73.28  institutions, and businesses.  The project area includes, at a 
 73.29  minimum, the counties of Carlton, Chisago, Isanti, Kanabec, and 
 73.30  Pine, but may be expanded as other contiguous counties elect to 
 73.31  participate.  The purpose of the corporation is to engage in an 
 73.32  integrated, jointly planned economic development effort with a 
 73.33  focus on encouraging growth among existing businesses and 
 73.34  attracting technology companies to the region served by the 
 73.35  corporation.  A home rule charter city, statutory city, county, 
 73.36  township, or other public entity participating in the initiative 
 74.1   may budget public funds for the initiative.  
 74.2      Subd. 3.  [BOARD OF DIRECTORS.] The corporation is governed 
 74.3   by a board of directors consisting of: 
 74.4      (1) a member of the governing body of each participating 
 74.5   county, appointed by the governing body; 
 74.6      (2) a member of the governing body of each participating 
 74.7   home rule charter or statutory city, appointed by the governing 
 74.8   body; 
 74.9      (3) the president of each participating post-secondary 
 74.10  institution; 
 74.11     (4) the commissioner of the department of trade and 
 74.12  economic development or an employee of the department designated 
 74.13  by the commissioner; and 
 74.14     (5) other members as may be provided by the bylaws adopted 
 74.15  and amended in accordance with subdivision 4. 
 74.16  The membership terms, compensation, removal, and filling of 
 74.17  vacancies of members of the board are governed by the bylaws of 
 74.18  the corporation. 
 74.19     Subd. 4.  [BYLAWS.] The board of directors shall adopt 
 74.20  bylaws and publish the bylaws and amendments to the bylaws in 
 74.21  the State Register.  The bylaws must provide for financial and 
 74.22  other contributions by participating entities to cover the 
 74.23  operation of the corporation. 
 74.24     Subd. 5.  [PLACES OF BUSINESS.] The board shall locate and 
 74.25  maintain the corporation's places of business within Carlton, 
 74.26  Chisago, Isanti, Kanabec, or Pine county. 
 74.27     Subd. 6.  [MEETINGS AND ACTIONS OF BOARD.] (a) The board 
 74.28  must meet at least twice a year and may hold additional meetings 
 74.29  upon giving notice in accordance with the bylaws of the 
 74.30  corporation.  Except as provided in subdivision 7, board 
 74.31  meetings are subject to chapter 13D. 
 74.32     (b) A conference among directors by any means of 
 74.33  communication through which the directors may simultaneously 
 74.34  hear each other during the conference constitutes a board 
 74.35  meeting if the number of directors participating in the 
 74.36  conference is sufficient to constitute a quorum for the 
 75.1   meeting.  Participation in a meeting by that means constitutes 
 75.2   presence in person at the meeting. 
 75.3      Subd. 7.  [CLOSED MEETINGS; RECORDING.] The board of 
 75.4   directors may, by a majority vote in a public meeting, decide to 
 75.5   hold a closed meeting for purposes of discussing data described 
 75.6   in subdivision 8 or security information, trade secret 
 75.7   information, or labor relations information, as defined in 
 75.8   section 13.37, subdivision 1.  The time and place of the closed 
 75.9   meeting must be announced at the public meeting.  A written roll 
 75.10  of members present at the closed meeting must be made available 
 75.11  to the public after the closed meeting.  The proceedings of a 
 75.12  closed meeting must be tape recorded.  The data on the tape are 
 75.13  nonpublic data or private data on individuals as defined in 
 75.14  section 13.02, subdivision 9 or 12, whichever is applicable. 
 75.15     Subd. 8.  [APPLICATION AND INVESTIGATIVE DATA.] Financial 
 75.16  data, statistics, and information furnished to the corporation 
 75.17  in connection with assistance or proposed assistance, including 
 75.18  credit reports; financial statements; statements of net worth; 
 75.19  income tax returns, either personal or corporate; and any other 
 75.20  business and personal financial records, are private data with 
 75.21  regard to data on individuals under section 13.02, subdivision 
 75.22  12, or nonpublic data with regard to data not on individuals 
 75.23  under section 13.02, subdivision 9. 
 75.24     Subd. 9.  [CONFLICT OF INTEREST.] A director, employee, or 
 75.25  officer of the corporation may not participate in or vote on a 
 75.26  decision of the board relating to an organization in which the 
 75.27  director has either a direct or indirect financial interest or a 
 75.28  conflict of interest as described in section 10A.07. 
 75.29     Subd. 10.  [TORT CLAIMS.] The corporation is a state agency 
 75.30  for purposes of section 3.736, except the corporation, not the 
 75.31  state, is responsible for paying for any tort liability. 
 75.32     Subd. 11.  [DATA PRACTICES AND RECORDS MANAGEMENT.] The 
 75.33  corporation is subject to chapter 13 and sections 15.17 and 
 75.34  138.163 to 138.226. 
 75.35     Sec. 78.  [116T.03] [CORPORATE PERSONNEL.] 
 75.36     Subdivision 1.  [GENERALLY.] The board shall appoint and 
 76.1   set the compensation for the executive director who serves as 
 76.2   chief executive officer of the corporation.  The compensation of 
 76.3   the executive director may not exceed 85 percent of the 
 76.4   governor's salary.  The board may designate the executive 
 76.5   director as its general agent.  Subject to the approval of the 
 76.6   board, the executive director shall employ staff consultants and 
 76.7   other agents necessary to carry out the mission of the 
 76.8   corporation. 
 76.9      Subd. 2.  [STATUS OF EMPLOYEES.] Employees, officers, and 
 76.10  directors of the corporation are not state employees, but are 
 76.11  covered by section 3.736 and, at the option of the board, 
 76.12  employees may participate in the state retirement plan for 
 76.13  employees in the unclassified service, the state deferred 
 76.14  compensation plan, and an insurance plan administered by the 
 76.15  commissioner of employee relations. 
 76.16     Sec. 79.  [116T.04] [POWERS AND DUTIES OF CORPORATION.] 
 76.17     Subdivision 1.  [GENERAL POWERS AND DUTIES.] (a) The 
 76.18  corporation has the powers granted to a nonprofit corporation by 
 76.19  section 317A.161, except as otherwise provided in this chapter. 
 76.20     (b) Except as specified in section 116T.02, subdivision 10, 
 76.21  the state is not liable for the obligations of the corporation. 
 76.22     (c) Section 317A.161 applies to this chapter and the 
 76.23  corporation in the same manner that it applies to business 
 76.24  corporations established under chapter 317A. 
 76.25     Subd. 2.  [RULES.] The corporation must publish in the 
 76.26  State Register any guidelines, policies, or eligibility criteria 
 76.27  prepared or adopted by the corporation for its programs. 
 76.28     Sec. 80.  [116T.05] [AUDITS.] 
 76.29     The corporation is subject to the auditing requirements of 
 76.30  sections 3.971 and 3.972. 
 76.31     Sec. 81.  [116T.06] [DISSOLUTION.] 
 76.32     In the event of dissolution of the corporation for any 
 76.33  reason, the bylaws must provide for return of the proceeds of 
 76.34  that liquidation and any wholly owned assets of the corporation 
 76.35  to the entities participating in Northern Technology Initiative, 
 76.36  Inc. in exchange for the assumption of all outstanding 
 77.1   obligations of the corporation. 
 77.2      Sec. 82.  Minnesota Statutes 2000, section 136F.07, is 
 77.3   amended to read: 
 77.4      136F.07 [CHANCELLOR.] 
 77.5      The board shall appoint a chancellor who shall serve in the 
 77.6   unclassified service.  The chancellor shall possess powers and 
 77.7   perform duties as delegated by the board.  The board shall set 
 77.8   the salary of the chancellor according to section 15A.0815 
 77.9   15A.081, subdivision 7c. 
 77.10     Sec. 83.  Minnesota Statutes 2000, section 136F.40, 
 77.11  subdivision 2, is amended to read: 
 77.12     Subd. 2.  [COMPENSATION CONTRACTS.] Notwithstanding any 
 77.13  other provision to the contrary, when establishing compensation 
 77.14  the board may provide, through a contract, a liquidated salary 
 77.15  amount or other compensation if a contract with a chancellor or 
 77.16  president is terminated by the board prior to its expiration. 
 77.17     Any benefits shall be excluded in computation of 
 77.18  retirement, insurance, and other benefits available through or 
 77.19  from the state.  Any benefits or additional compensation must be 
 77.20  as provided under the plan approved under section 43A.18, 
 77.21  subdivision 3a. (a) The board may enter into a contract with the 
 77.22  chancellor, a vice-chancellor, or a president, containing terms 
 77.23  and conditions of employment.  The terms of the contract must be 
 77.24  authorized under a plan approved under section 43A.18, 
 77.25  subdivision 3a. 
 77.26     (b) Notwithstanding section 43A.17, subdivision 11, or 
 77.27  other law to the contrary, a contract under this section may 
 77.28  provide a liquidated salary amount or other compensation if a 
 77.29  contract is terminated by the board prior to its expiration. 
 77.30     Sec. 84.  Minnesota Statutes 2000, section 138.35, is 
 77.31  amended by adding a subdivision to read: 
 77.32     Subd. 3.  [FEE.] The commissioner of administration may 
 77.33  charge state agencies, political subdivisions, and businesses a 
 77.34  fee for the cost of providing archaeological services as 
 77.35  prescribed in sections 138.31 to 138.41 and 307.08.  Fees 
 77.36  collected by the commissioner of administration must be 
 78.1   deposited in the state treasury and are appropriated to the 
 78.2   commissioner of administration to pay the cost of operating the 
 78.3   office of the state archaeologist.  The proposed fee rate must 
 78.4   be submitted to the commissioner of finance by August 1 of each 
 78.5   even-numbered year.  The commissioner of finance must approve 
 78.6   the fee rate. 
 78.7      Sec. 85.  Minnesota Statutes 2000, section 138.39, is 
 78.8   amended to read: 
 78.9      138.39 [RULES.] 
 78.10     The director of the historical society commissioner of 
 78.11  administration, in consultation with the state archaeologist, 
 78.12  may make and issue such adopt rules, not inconsistent with law, 
 78.13  as may be required to carry out the provisions of sections 
 78.14  138.31 to 138.42, and to carry out the state archaeologist's 
 78.15  duties under chapter 307.  In making such rules, they shall the 
 78.16  commissioner must consult with other agencies of the state whose 
 78.17  activities may be affected thereby. 
 78.18     Sec. 86.  Minnesota Statutes 2000, section 161.1419, 
 78.19  subdivision 8, is amended to read: 
 78.20     Subd. 8.  [EXPIRATION.] Notwithstanding section 15.059, the 
 78.21  commission shall expire on June 30, 2001 2005. 
 78.22     Sec. 87.  Minnesota Statutes 2000, section 161.32, 
 78.23  subdivision 1b, is amended to read: 
 78.24     Subd. 1b.  [LOWEST RESPONSIBLE BIDDER.] Trunk highway 
 78.25  construction contracts, including design-build contracts, must 
 78.26  be awarded to the lowest responsible bidder, taking into 
 78.27  consideration conformity with the specifications, the purpose 
 78.28  for which the contract or purchase is intended, the status and 
 78.29  capability of the vendor, and other considerations imposed in 
 78.30  the call for bids.  The commissioner may decide which is the 
 78.31  lowest responsible bidder for all contracts and may must use the 
 78.32  principles of life-cycle costing, where appropriate, in 
 78.33  determining the lowest overall bid.  Any or all bids may be 
 78.34  rejected.  In a case where competitive bids are required and 
 78.35  where all bids are rejected, new bids, if solicited, must be 
 78.36  called for as in the first instance, unless otherwise provided 
 79.1   by law. 
 79.2      Sec. 88.  Minnesota Statutes 2000, section 179A.15, is 
 79.3   amended to read: 
 79.4      179A.15 [MEDIATION.] 
 79.5      Once notice has been given under section 179A.14, the 
 79.6   employer or the exclusive representative may petition the 
 79.7   commissioner for mediation services.  
 79.8      A petition by an employer shall be signed by the employer 
 79.9   or an authorized officer or agent.  A petition by an exclusive 
 79.10  representative shall be signed by its authorized officer.  All 
 79.11  petitions shall be delivered to served on the commissioner in 
 79.12  person or sent by certified mail writing.  The petition shall 
 79.13  state briefly the nature of the disagreement of the parties.  
 79.14  Upon receipt of a petition and upon concluding that mediation 
 79.15  would be useful, the commissioner shall fix a time and place for 
 79.16  a conference with the parties to negotiate the issues not agreed 
 79.17  upon, and shall then take the most expedient steps to bring 
 79.18  about a settlement, including assisting in negotiating and 
 79.19  drafting an agreement.  
 79.20     If the commissioner determines that mediation would be 
 79.21  useful in resolving a dispute, the commissioner may mediate the 
 79.22  dispute even if neither party has filed a petition for 
 79.23  mediation.  In these cases, the commissioner shall proceed as if 
 79.24  a petition had been filed.  
 79.25     The commissioner shall not furnish mediation services to 
 79.26  any employee or employee representative who is not certified as 
 79.27  an exclusive representative.  
 79.28     All parties shall respond to the summons of the 
 79.29  commissioner for conferences and shall continue in conference 
 79.30  until excused by the commissioner. 
 79.31     Sec. 89.  Minnesota Statutes 2000, section 190.06, 
 79.32  subdivision 1, is amended to read: 
 79.33     Subdivision 1.  [COMPOSITION.] The militia shall consist of:
 79.34     (1) all able-bodied citizens of the state and other 
 79.35  able-bodied persons, residing in the state who have or shall 
 79.36  have declared their intention to become citizens of the United 
 80.1   States, when so authorized by federal law, who comply with the 
 80.2   minimum age requirements for federal regular military service 
 80.3   under United States Code, title 10, section 505, and who are not 
 80.4   more than 45 years of age; provided, that the governor may, when 
 80.5   the governor deems it necessary for the defense of the state, 
 80.6   extend the maximum age for militia service to not more than 64 
 80.7   years; and 
 80.8      (2) persons who enlist in, are commissioned in, or are 
 80.9   otherwise appointed to the Minnesota national guard in 
 80.10  accordance with applicable federal law and regulation, including 
 80.11  enlisted members, warrant officers, and commissioned officers. 
 80.12     Sec. 90.  Minnesota Statutes 2000, section 190.07, is 
 80.13  amended to read: 
 80.14     190.07 [APPOINTMENT; QUALIFICATIONS; RANK.] 
 80.15     There shall be an adjutant general of the state who shall 
 80.16  be appointed by the governor.  The adjutant general shall be a 
 80.17  staff officer, who at the time of appointment shall be a 
 80.18  commissioned officer of the national guard of this state, with 
 80.19  not less than ten years military service in the armed forces 
 80.20  national guard of this state or the armed forces of the United 
 80.21  States, at least three of which shall have been commissioned and 
 80.22  who shall have reached the grade of a field officer.  
 80.23     The adjutant general shall hold at least the rank of major 
 80.24  general and may be promoted to and including the highest rank 
 80.25  authorized under federal law.  However, the adjutant 
 80.26  general shall may not be appointed promoted to the rank of major 
 80.27  general without having at least 20 years service in the 
 80.28  Minnesota national guard, at least one of which one year has 
 80.29  been in the rank of brigadier general.  
 80.30     The term of the adjutant general is seven years from the 
 80.31  date of appointment.  Section 15.06, subdivisions 3, 4, and 5, 
 80.32  governs filling of vacancies in the office of adjutant general.  
 80.33  The adjutant general shall not be removed from office during a 
 80.34  term except upon withdrawal of federal recognition or as 
 80.35  otherwise provided by the military laws of this state. 
 80.36     Sec. 91.  Minnesota Statutes 2000, section 192.501, 
 81.1   subdivision 2, is amended to read: 
 81.2      Subd. 2.  [TUITION AND TEXTBOOK REIMBURSEMENT GRANT 
 81.3   PROGRAM.] (a) The adjutant general shall establish a program to 
 81.4   provide tuition and textbook reimbursement grants to eligible 
 81.5   members of the Minnesota national guard within the limitations 
 81.6   of this subdivision. 
 81.7      (b) Eligibility is limited to a member of the national 
 81.8   guard who: 
 81.9      (1) is serving satisfactorily as defined by the adjutant 
 81.10  general; 
 81.11     (2) is attending a post-secondary educational institution, 
 81.12  as defined by section 136A.15, subdivision 6, including a 
 81.13  vocational or technical school operated or regulated by this 
 81.14  state or another state or province; and 
 81.15     (3) provides proof of satisfactory completion of 
 81.16  coursework, as defined by the adjutant general. 
 81.17     In addition, if a member of the Minnesota national guard is 
 81.18  killed in the line of state active service or federally funded 
 81.19  state active service, as defined in section 190.05, subdivisions 
 81.20  5a and 5b, the member's surviving spouse, and any surviving 
 81.21  dependent who has not yet reached 24 years of age, is eligible 
 81.22  for a tuition and textbook reimbursement grant. 
 81.23     The adjutant general may, within the limitations of this 
 81.24  paragraph and other applicable laws, determine additional 
 81.25  eligibility criteria for the grant, and must specify the 
 81.26  criteria in department regulations and publish changes as 
 81.27  necessary. 
 81.28     (c) The amount of a tuition and textbook reimbursement 
 81.29  grant must be specified on a schedule as determined and 
 81.30  published in department regulations by the adjutant general, but 
 81.31  is limited to a maximum of an amount equal to the greater of: 
 81.32     (1) 75 100 percent of the cost of tuition for lower 
 81.33  division programs in the college of liberal arts at the twin 
 81.34  cities campus of the University of Minnesota in the most recent 
 81.35  academic year; or 
 81.36     (2) 50 100 percent of the cost of tuition for the program 
 82.1   in which the person is enrolled at that Minnesota public 
 82.2   institution, or if that public institution is outside the state 
 82.3   of Minnesota, for the cost of a comparable program at the 
 82.4   University of Minnesota, except that in the case of a survivor 
 82.5   as defined in paragraph (b), the amount of the tuition and 
 82.6   textbook reimbursement grant for coursework satisfactorily 
 82.7   completed by the person is limited to 100 percent of the cost of 
 82.8   tuition for post-secondary courses at a Minnesota public 
 82.9   educational institution. 
 82.10     Paragraph (b) notwithstanding, a person is no longer 
 82.11  eligible for a grant under this subdivision once the person has 
 82.12  received grants under this subdivision for the equivalent of 208 
 82.13  quarter credits or 144 semester credits of coursework. 
 82.14     (d) Tuition and textbook reimbursement grants received 
 82.15  under this subdivision may not be considered by the Minnesota 
 82.16  higher education services office or by any other state board, 
 82.17  commission, or entity in determining a person's eligibility for 
 82.18  a scholarship or grant-in-aid under sections 136A.095 to 
 82.19  136A.1311. 
 82.20     (e) If a member fails to complete a term of enlistment 
 82.21  during which a tuition and textbook reimbursement grant was 
 82.22  paid, the adjutant general may seek to recoup a prorated amount 
 82.23  as determined by the adjutant general. 
 82.24     (f) The adjutant general shall maintain records and report 
 82.25  any findings to the legislature by March 1, 2003, on the impact 
 82.26  of increasing the reimbursement amounts under paragraph (c) 
 82.27  during the period July 1, 2001, through December 31, 2002. 
 82.28     (g) This paragraph, paragraph (f), and the amendments made 
 82.29  by this act to paragraph (c) expire June 30, 2003. 
 82.30     Sec. 92.  Minnesota Statutes 2000, section 193.144, 
 82.31  subdivision 6, is amended to read: 
 82.32     Subd. 6.  [DISPOSAL OF UNUSED SITE.] In case any land 
 82.33  acquired for armory site purposes hereunder has been donated to 
 82.34  such corporation or to the state of Minnesota by such county or 
 82.35  municipality or by other governmental agency except the state, 
 82.36  and in case such land or any part thereof shall thereafter not 
 83.1   be used for armory purposes for a continuous period of more than 
 83.2   ten years, not including the period of any war or other 
 83.3   emergency in which the armed forces of the state may be engaged, 
 83.4   the county or municipality may provide written notice to the 
 83.5   adjutant general and, if the property is not used for armory 
 83.6   purposes within one year from the notice, the adjutant general 
 83.7   shall reconvey the property to the donor county or 
 83.8   municipality.  The adjutant general may reconvey the property in 
 83.9   less than ten years, if the adjutant general determines that the 
 83.10  corporation or the state has no further interest in the property.
 83.11     Sec. 93.  Minnesota Statutes 2000, section 193.145, 
 83.12  subdivision 4, is amended to read: 
 83.13     Subd. 4.  [PAYMENTS BY ADJUTANT GENERAL.] Whether or not 
 83.14  bonds are issued, the adjutant general is hereby authorized to 
 83.15  pay to such corporation, out of any moneys which may from time 
 83.16  to time be appropriated to and for the military department and 
 83.17  not appropriated or set apart for any other specific purpose, 
 83.18  the sum of not less than $3,000 per year for each unit of the 
 83.19  national guard quartered in such armory when only one such unit 
 83.20  is so quartered, and the sum of not less than $2,000 per year 
 83.21  for each additional unit when more than one such unit is so 
 83.22  quartered, and may bind the office of the adjutant general, both 
 83.23  currently and in the future, by agreement to such corporation to 
 83.24  make such payments in a specific amount or amounts out of such 
 83.25  appropriations for a period of not more than 40 years. 
 83.26     Sec. 94.  Minnesota Statutes 2000, section 193.148, is 
 83.27  amended to read: 
 83.28     193.148 [CONVEYANCE TO STATE.] 
 83.29     When payment has been made of all indebtedness incurred by 
 83.30  such corporation or of all funds spent by the corporation 
 83.31  incident to the procurement, erection, equipment, and operation 
 83.32  of any armory built under the provisions of sections 193.141 to 
 83.33  193.149, including the payment in full of the principal and 
 83.34  interest of all bonds issued by such corporation to cover the 
 83.35  cost of such armory or the full repayment of any commission 
 83.36  funds expended for the construction of such armory, such 
 84.1   corporation shall transfer and convey such armory building and 
 84.2   the site thereof to the state of Minnesota, for military 
 84.3   purposes, to be administered as are other state-owned armories.  
 84.4      Any unencumbered balance then held by the commission 
 84.5   accruing to such armory shall be retained to be applied to the 
 84.6   future maintenance, repair, and equipment of armories. 
 84.7      Sec. 95.  Minnesota Statutes 2000, section 197.75, 
 84.8   subdivision 1, is amended to read: 
 84.9      Subdivision 1.  [BENEFITS; ELIGIBILITY.] The commissioner 
 84.10  of veterans affairs shall spend a biennial appropriation for 
 84.11  tuition of veterans, and for tuition, fees, board, room, books 
 84.12  and supplies of the children of veterans who have died as a 
 84.13  result of their service in the armed forces of the United States 
 84.14  as determined by the United States Veterans Administration or 
 84.15  other instrumentality of the United States, in the University of 
 84.16  Minnesota, a state university, a community college, a technical 
 84.17  college, or any other university of higher learning within the 
 84.18  state accredited by the North Central Association of Colleges 
 84.19  and Secondary Schools, a law college approved by the supreme 
 84.20  court, a nursing school approved by the state board of nursing, 
 84.21  or in a trade, business, or vocational school in the state 
 84.22  approved by the state department of children, families, and 
 84.23  learning, or in a theological seminary, for any course which 
 84.24  such veteran or child may elect.  Not more than $350 $750 shall 
 84.25  be expended for the benefit of any individual veteran, and not 
 84.26  more than $350 $750 in any fiscal year shall be expended for the 
 84.27  benefit of any child under this section, and the need for the 
 84.28  benefit shall be established and determined by the commissioner 
 84.29  of veterans affairs.  No child of any veteran shall make 
 84.30  application for the benefits provided in this section unless the 
 84.31  child resided in Minnesota for at least two years immediately 
 84.32  prior to the date of the application.  Children of veterans 
 84.33  eligible for benefits according to this section shall be 
 84.34  admitted to state institutions of university grade free of 
 84.35  tuition until they receive a bachelors or equivalent degree.  
 84.36  Payments of benefits shall be made directly to the institution 
 85.1   in which the course of instruction is given or to the individual 
 85.2   on forms prescribed by the commissioner. 
 85.3      Sec. 96.  Minnesota Statutes 2000, section 197.75, 
 85.4   subdivision 2, is amended to read: 
 85.5      Subd. 2.  [LIMITATIONS.] The benefits in subdivision 1 are 
 85.6   not available to a veteran who is entitled to the same or 
 85.7   similar benefits under a law or regulation of the United States, 
 85.8   with the exceptions in paragraphs (a) and (b). 
 85.9      (a) except that a veteran who has been eligible for and has 
 85.10  used up the benefits the veteran is entitled to under the laws 
 85.11  of the United States is entitled to the benefits provided for by 
 85.12  subdivision 1. 
 85.13     (b) A veteran who has had less than ten years of 
 85.14  eligibility for educational assistance under federal law because 
 85.15  of the December 31, 1989, delimiting date and who has lost more 
 85.16  than four months of that eligibility is entitled to the benefits 
 85.17  provided for by subdivision 1. 
 85.18     Sec. 97.  Minnesota Statutes 2000, section 214.09, 
 85.19  subdivision 3, as amended by Laws 2001, chapter 61, section 3, 
 85.20  is amended to read: 
 85.21     Subd. 3.  [COMPENSATION.] (a) Members of the boards may be 
 85.22  compensated at the rate of $55 a day spent on board activities, 
 85.23  when authorized by the board, plus expenses in the same manner 
 85.24  and amount as authorized by the commissioner's plan adopted 
 85.25  under section 43A.18, subdivision 2.  Members who, as a result 
 85.26  of time spent attending board meetings, incur child care 
 85.27  expenses that would not otherwise have been incurred, may be 
 85.28  reimbursed for those expenses upon board authorization.  
 85.29     (b) Members who are state employees or employees of the 
 85.30  political subdivisions of the state must not receive the daily 
 85.31  payment for activities that occur during working hours for which 
 85.32  they are also compensated by the state or political subdivision. 
 85.33  However, a state or political subdivision employee may receive 
 85.34  the daily payment if the employee uses vacation time or 
 85.35  compensatory time accumulated in accordance with a collective 
 85.36  bargaining agreement or compensation plan for board activity.  
 86.1   Members who are state employees or employees of the political 
 86.2   subdivisions of the state may receive the expenses provided for 
 86.3   in this subdivision unless the expenses are reimbursed by 
 86.4   another source.  Members who are state employees or employees of 
 86.5   political subdivisions of the state may be reimbursed for child 
 86.6   care expenses only for time spent on board activities that are 
 86.7   outside their working hours. 
 86.8      (c) Each board must adopt internal standards prescribing 
 86.9   what constitutes a day spent on board activities for purposes of 
 86.10  making daily payments under this subdivision. 
 86.11     <h>[EFFECTIVE DATE.]</h> This section is effective July 1, 2001, 
 86.12  and applies to service on or after that date. 
 86.13     Sec. 98.  Minnesota Statutes 2000, section 240A.08, is 
 86.14  amended to read: 
 86.15     240A.08 [APPROPRIATION.] 
 86.16     (a) $750,000 is appropriated annually from the general fund 
 86.17  to the Minnesota amateur sports commission for the purpose of 
 86.18  entering into long-term leases, use, or other agreements with 
 86.19  the metropolitan sports facilities commission for the conduct of 
 86.20  amateur sports activities at the basketball and hockey arena, 
 86.21  consistent with the purposes set forth in this chapter, 
 86.22  including (1) stimulating and promoting amateur sports, (2) 
 86.23  promoting physical fitness by promoting participation in sports, 
 86.24  (3) promoting the development of recreational amateur sport 
 86.25  opportunities and activities, and (4) promoting local, regional, 
 86.26  national, and international amateur sport competitions and 
 86.27  events.  The amateur sports commission shall determine what 
 86.28  constitutes amateur sports activities as provided in this 
 86.29  chapter as of March 1, 1995.  The metropolitan sports facilities 
 86.30  commission may allocate at least 25 but no more than 50 dates a 
 86.31  year for the conduct of amateur sports activities at the 
 86.32  basketball and hockey arena by the amateur sports commission.  
 86.33  At least 12 of the dates must be on a Friday, Saturday, or 
 86.34  Sunday.  The amateur sports commission may sell a date at the 
 86.35  arena to another group for any purpose.  Revenue from sale of 
 86.36  these dates is appropriated to the amateur sports commission for 
 87.1   purposes listed in section 240A.04.  If any amateur sports 
 87.2   activities conducted by the amateur sports commission at the 
 87.3   basketball and hockey arena are restricted to participants of 
 87.4   one gender, an equal number of activities on comparable days of 
 87.5   the week must be conducted for participants of the other gender, 
 87.6   but not necessarily in the same year.  The legislature reserves 
 87.7   the right to repeal or amend this appropriation, and does not 
 87.8   intend this appropriation to create public debt. 
 87.9      (b) The amateur sports commission shall not transmit to the 
 87.10  operator of the basketball and hockey arena payment of any 
 87.11  event-related costs or expenses, including, but not limited to, 
 87.12  personnel, labor, services, equipment, utilities, or supplies 
 87.13  attributable to the events unless and until the operator has 
 87.14  demonstrated, to the satisfaction of the amateur sports 
 87.15  commission, the basis for each specific cost or expense and the 
 87.16  means by which the costs and expenses were determined. 
 87.17     (c) The amateur sports commission may use any ticket system 
 87.18  as may be in place from time to time at the basketball and 
 87.19  hockey arena, provided that any royalty or rebate fees or 
 87.20  charges or surcharges on tickets received by the operator of the 
 87.21  arena from third parties must be credited against event-related 
 87.22  costs or expenses. 
 87.23     (d) In the establishment of event-related costs to be 
 87.24  imposed upon the amateur sports commission, the operator of the 
 87.25  basketball and hockey arena shall provide the amateur sports 
 87.26  commission with the maximum discount that the operator has 
 87.27  supplied to any other sponsor of a similar amateur sports event 
 87.28  in the arena within the 180-day period immediately preceding the 
 87.29  date of the amateur sports commission event. 
 87.30     (e) The amateur sports commission must report by August 1 
 87.31  each year to the chairs of the house and senate state government 
 87.32  finance divisions on compliance with this section and on the 
 87.33  total value of dates and ancillary services, and revenue derived 
 87.34  from resale of dates, during the previous state fiscal year. 
 87.35     (f) The attorney general, on behalf of the amateur sports 
 87.36  commission, must pursue collection of monetary damages from the 
 88.1   operator of the arena if the operator fails to comply with the 
 88.2   requirements of this section. 
 88.3      (g) The books, records, documents, accounting procedures, 
 88.4   and practices of the metropolitan sports facilities commission, 
 88.5   the Minneapolis community development agency, and any 
 88.6   corporation with which the Minnesota amateur sports commission 
 88.7   may contract for use of the basketball and hockey arena are 
 88.8   available for review by the Minnesota amateur sports commission, 
 88.9   the legislative auditor, and the chairs of the state government 
 88.10  finance divisions of the senate and the house of 
 88.11  representatives, subject to chapter 13 and section 473.598, 
 88.12  subdivision 4 to provide grants for soccer field development 
 88.13  under section 240A.13.  This section expires July 1, 2003. 
 88.14     Sec. 99.  [240A.13] [SOCCER FIELD DEVELOPMENT.] 
 88.15     Subdivision 1.  [GRANTS.] The commission may make matching 
 88.16  grants to political subdivisions of the state to develop new 
 88.17  soccer fields for amateur athletics.  In awarding grants, the 
 88.18  commission shall give priority to proposals from multiple 
 88.19  applicants.  To the extent possible, over time, the commission 
 88.20  shall disperse grants equally among the state's congressional 
 88.21  districts. 
 88.22     Subd. 2.  [MATCHING CRITERIA.] Each grant for soccer field 
 88.23  development under this section must be matched by recipient 
 88.24  communities or institutions in accordance with this 
 88.25  subdivision.  A matching contribution may include an in-kind 
 88.26  contribution of land; access roadways and access roadway 
 88.27  improvements; and necessary utility services, landscaping, and 
 88.28  parking.  The first $20,000 of a grant must be matched equally 
 88.29  by the recipient.  The portion of a grant that is more than 
 88.30  $20,000 but not more than $75,000 must be matched by the 
 88.31  recipient at a rate double the amount of that portion of the 
 88.32  grant.  The portion of a grant that is more than $75,000 must be 
 88.33  matched by the recipient at a rate of three times the amount of 
 88.34  that portion of the grant. 
 88.35     Sec. 100.  Minnesota Statutes 2000, section 317A.123, 
 88.36  subdivision 1, is amended to read: 
 89.1      Subdivision 1.  [STATEMENT.] A corporation may change its 
 89.2   registered office, designate or change its registered agent, or 
 89.3   state a change in the name of its registered agent, by filing 
 89.4   with the secretary of state a statement containing:  
 89.5      (1) the name of the corporation; 
 89.6      (2) if the address of its registered office is to be 
 89.7   changed, the new address of its registered office; 
 89.8      (3) if its registered agent is to be designated or changed, 
 89.9   the name of its new registered agent; 
 89.10     (4) if the name of its registered agent is to be changed, 
 89.11  the name of its registered agent as changed; 
 89.12     (5) a statement that the address of its registered office 
 89.13  and the address of the office of its registered agent, as 
 89.14  changed, will be identical; and 
 89.15     (6) a statement that the change of registered office or 
 89.16  registered agent was authorized by resolution approved by the 
 89.17  board. 
 89.18     The statement need not be accompanied by a filing fee if 
 89.19  the statement is being filed only to change the address of the 
 89.20  registered office. 
 89.21     <h>[EFFECTIVE DATE.]</h> This section is effective July 1, 2002. 
 89.22     Sec. 101.  Minnesota Statutes 2000, section 317A.827, 
 89.23  subdivision 2, is amended to read: 
 89.24     Subd. 2.  [REINSTATEMENT.] A corporation dissolved under 
 89.25  section 317A.823 may retroactively reinstate its corporate 
 89.26  existence by filing a single annual registration and paying a 
 89.27  $25 fee.  Filing the annual registration with the secretary of 
 89.28  state:  
 89.29     (1) returns the corporation to active status as of the date 
 89.30  of the dissolution; 
 89.31     (2) validates contracts or other acts within the authority 
 89.32  of the articles, and the corporation is liable for those 
 89.33  contracts or acts; and 
 89.34     (3) restores to the corporation all assets and rights of 
 89.35  the corporation and its members to the extent they were held by 
 89.36  the corporation and its members before the dissolution occurred, 
 90.1   except to the extent that assets or rights were affected by acts 
 90.2   occurring after the dissolution or sold or otherwise distributed 
 90.3   after that time. 
 90.4      <h>[EFFECTIVE DATE.]</h> This section is effective the day 
 90.5   following final enactment. 
 90.6      Sec. 102.  Minnesota Statutes 2000, section 394.232, 
 90.7   subdivision 1, is amended to read: 
 90.8      Subdivision 1.  [GENERAL.] Each county is encouraged to 
 90.9   prepare and implement a community-based comprehensive 
 90.10  sustainable land use plan.  A community-based comprehensive plan 
 90.11  is a comprehensive plan that is consistent with the goals 
 90.12  of community-based sustainable land use planning in section 
 90.13  4A.08. 
 90.14     Sec. 103.  Minnesota Statutes 2000, section 394.232, is 
 90.15  amended by adding a subdivision to read: 
 90.16     Subd. 1a.  [RESIDENT PARTICIPATION.] Each county is 
 90.17  encouraged to develop a planning process with broad resident 
 90.18  participation that is early and continuous in order to build 
 90.19  local capacity to plan for sustainable development and to 
 90.20  benefit from the insights, knowledge, and support of local 
 90.21  residents. 
 90.22     Sec. 104.  Minnesota Statutes 2000, section 394.232, 
 90.23  subdivision 2, is amended to read: 
 90.24     Subd. 2.  [NOTICE AND PARTICIPATION.] Notice must be given 
 90.25  at the beginning of the community-based comprehensive 
 90.26  sustainable planning process to the office of strategic and 
 90.27  long-range planning, the department of natural resources, the 
 90.28  department of agriculture, the department of trade and economic 
 90.29  development, the board of water and soil resources, the 
 90.30  pollution control agency, the department of transportation, 
 90.31  local government units, and local citizens to actively 
 90.32  participate in the development of the plan.  An agency that is 
 90.33  invited to participate in the development of a local plan but 
 90.34  declines to do so and fails to participate or to provide written 
 90.35  comments during the plan development process waives the right 
 90.36  during the office's review and comment period to submit 
 91.1   comments, except for comments concerning consistency of the plan 
 91.2   with laws and rules administered by the agency.  In determining 
 91.3   the merit of the agency comment, the office shall consider the 
 91.4   involvement of the agency in the development of the plan.  The 
 91.5   office of strategic and long-range planning, after consulting 
 91.6   with the county, shall notify other state agencies about the 
 91.7   county's planning process and coordinate their participation.  
 91.8   Agencies are not required to participate but are expected to 
 91.9   provide information as requested by local officials and the 
 91.10  office of strategic and long-range planning.  Agencies may also 
 91.11  comment on the plan as it is being developed. 
 91.12     Sec. 105.  Minnesota Statutes 2000, section 394.232, 
 91.13  subdivision 3, is amended to read: 
 91.14     Subd. 3.  [COORDINATION.] A county that prepares a 
 91.15  community-based comprehensive sustainable plan shall coordinate 
 91.16  should ensure that its plan is developed in coordination with 
 91.17  the plans of its neighbors and its constituent municipalities 
 91.18  and towns in order both to prevent its plan from having an 
 91.19  adverse impact on other jurisdictions and to complement plans of 
 91.20  other jurisdictions.  The county's community-based comprehensive 
 91.21  plan must should incorporate the community-based comprehensive 
 91.22  plan of any municipality or town in the county prepared in 
 91.23  accordance with section 462.3535.  A county may incorporate a 
 91.24  municipal or town community-based comprehensive plan by 
 91.25  reference.  
 91.26     Sec. 106.  Minnesota Statutes 2000, section 394.232, 
 91.27  subdivision 4, is amended to read: 
 91.28     Subd. 4.  [LIMITED JOINT PLANNING.] Under the joint 
 91.29  exercise of powers provisions in section 471.59, a county may 
 91.30  establish a joint planning district with other counties, 
 91.31  municipalities, and towns, that are geographically 
 91.32  contiguous, to adopt a single community-based comprehensive plan 
 91.33  for the purpose of developing and implementing multiple 
 91.34  sustainable land use plans for the district.  The county may not 
 91.35  delegate its authority to adopt official controls under this 
 91.36  chapter to the board of the joint planning district. 
 92.1      Sec. 107.  Minnesota Statutes 2000, section 394.232, 
 92.2   subdivision 5, is amended to read: 
 92.3      Subd. 5.  [REVIEW AND COMMENT.] (a) For the purpose of 
 92.4   determining whether the plan conflicts with state laws and 
 92.5   rules, the county or joint planning district shall submit 
 92.6   its community-based comprehensive sustainable land use plan to 
 92.7   the office of strategic and long-range planning for review of 
 92.8   the extent to which the plan promotes local citizen 
 92.9   participation, promotes cooperation among adjacent communities, 
 92.10  and and comment.  The office shall also comment on the extent to 
 92.11  which the plan demonstrates consideration of the community-based 
 92.12  planning goals in section 4A.08.  The office has 60 days after 
 92.13  submittal to comment on the plan. 
 92.14     (b) The office may not disapprove a community-based 
 92.15  comprehensive plan if the office determines that the plan 
 92.16  promotes local citizen participation, promotes cooperation among 
 92.17  adjacent communities, and demonstrates consideration of the 
 92.18  community-based planning goals in section 4A.08.  
 92.19     (c) If the office disagrees with a community-based 
 92.20  comprehensive finds that the plan or any elements of the 
 92.21  plan are in conflict with state laws or rules or the goals in 
 92.22  section 4A.08, the office shall notify the county or district of 
 92.23  these findings in writing of how the plan specifically fails to 
 92.24  address the goals of community-based planning.  The findings are 
 92.25  advisory only and must not be used as a basis for providing or 
 92.26  refusing to provide any state aids.  Upon receipt of the 
 92.27  office's written comments, the county or district has 120 days 
 92.28  to revise amend the community-based comprehensive plan and 
 92.29  resubmit it to the office for reconsideration.  The county may 
 92.30  state in writing any disagreements with the findings.  
 92.31     (d) If the county or district refuses to revise the plan or 
 92.32  the office disagrees with the revised plan, the office shall 
 92.33  within 60 days notify the county or district that it wishes to 
 92.34  initiate the dispute resolution process in chapter 572A. 
 92.35     (e) Within 60 days of notice from the office, the county or 
 92.36  joint planning district shall notify the office of its intent to 
 93.1   enter the dispute resolution process.  If the county or district 
 93.2   refuses to enter the dispute resolution process, the county or 
 93.3   district is ineligible for any future grant disbursements 
 93.4   related to community-based planning activities through the 
 93.5   office. 
 93.6      (f) Priority for other state grants, loans, and other 
 93.7   discretionary spending must not be given to local units of 
 93.8   government based on their participation in community-based 
 93.9   planning. 
 93.10     Sec. 108.  Minnesota Statutes 2000, section 394.232, 
 93.11  subdivision 7, is amended to read: 
 93.12     Subd. 7.  [NO MANDAMUS PROCEEDING.] A mandamus proceeding 
 93.13  may not be instituted against a county under this section to 
 93.14  require the county to conform its community-based 
 93.15  comprehensive land use plan to be consistent with the 
 93.16  community-based planning goals in section 4A.08. 
 93.17     Sec. 109.  Minnesota Statutes 2000, section 403.11, 
 93.18  subdivision 1, is amended to read: 
 93.19     Subdivision 1.  [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each 
 93.20  customer of a telephone company or communications carrier that 
 93.21  provides service capable of originating a 911 emergency 
 93.22  telephone call is assessed a fee to cover the costs of ongoing 
 93.23  maintenance and related improvements for trunking and central 
 93.24  office switching equipment for minimum 911 emergency telephone 
 93.25  service, plus administrative and staffing costs of the 
 93.26  department of administration related to managing the 911 
 93.27  emergency telephone service program.  Recurring charges by a 
 93.28  public utility providing telephone service for updating the 
 93.29  information required by section 403.07, subdivision 3, must be 
 93.30  paid by the commissioner of administration if the utility is 
 93.31  included in an approved 911 plan and the charges have been 
 93.32  certified and approved under subdivision 3.  The commissioner of 
 93.33  administration shall transfer an amount equal to two cents a 
 93.34  month from the fee assessed under this section on cellular and 
 93.35  other nonwire access services to the commissioner of public 
 93.36  safety for the purpose of offsetting the costs, including 
 94.1   administrative and staffing costs, incurred by the state patrol 
 94.2   division of the department of public safety in handling 911 
 94.3   emergency calls made from cellular phones.  Money remaining in 
 94.4   the 911 emergency telephone service account after all other 
 94.5   obligations are paid must not cancel and is carried forward to 
 94.6   subsequent years and may be appropriated from time to time to 
 94.7   the commissioner of administration to provide financial 
 94.8   assistance to counties for the improvement of local emergency 
 94.9   telephone services.  The improvements may include providing 
 94.10  access to minimum 911 service for telephone service subscribers 
 94.11  currently without access and upgrading existing 911 service to 
 94.12  include automatic number identification, local location 
 94.13  identification, automatic location identification, and other 
 94.14  improvements specified in revised county 911 plans approved by 
 94.15  the department. 
 94.16     (b) The fee may not be less than eight cents nor more than 
 94.17  30 is 27 cents a month for each customer access line or other 
 94.18  basic access service, including trunk equivalents as designated 
 94.19  by the public utilities commission for access charge purposes 
 94.20  and including cellular and other nonwire access services.  The 
 94.21  fee must be the same for all customers.  
 94.22     (c) The fee must be collected by each company or carrier 
 94.23  providing service subject to the fee.  Fees are payable to and 
 94.24  must be submitted to the commissioner of administration monthly 
 94.25  before the 25th of each month following the month of collection, 
 94.26  except that fees may be submitted quarterly if less than $250 a 
 94.27  month is due, or annually if less than $25 a month is due.  
 94.28  Receipts must be deposited in the state treasury and credited to 
 94.29  a 911 emergency telephone service account in the special revenue 
 94.30  fund.  The money in the account may only be used for 911 
 94.31  telephone services as provided in paragraph (a).  
 94.32     (d) The commissioner of administration, with the approval 
 94.33  of the commissioner of finance, shall establish the amount of 
 94.34  the fee within the limits specified and inform the companies and 
 94.35  carriers of the amount to be collected.  Companies and carriers 
 94.36  must be given a minimum of 45 days' notice of fee changes. 
 95.1      (e) This subdivision does not apply to customers of a 
 95.2   telecommunications carrier as defined in section 237.01, 
 95.3   subdivision 6. 
 95.4      Sec. 110.  Minnesota Statutes 2000, section 462.351, is 
 95.5   amended to read: 
 95.6      462.351 [MUNICIPAL PLANNING AND DEVELOPMENT; STATEMENT OF 
 95.7   POLICY.] 
 95.8      The legislature finds that municipalities are faced with 
 95.9   mounting problems in providing means of guiding future 
 95.10  development of land so as to insure a safer, more pleasant and 
 95.11  more economical environment for residential, commercial, 
 95.12  industrial and public activities, to preserve are best served 
 95.13  when land uses decisions are locally controlled, and when such 
 95.14  plans avoid inflexible, centrally directed land use restrictions 
 95.15  and mandates that may result in unforeseen consequences.  The 
 95.16  preservation of agricultural and other open lands, and to 
 95.17  promote the is best accomplished by private means.  Government 
 95.18  ownership should, to the greatest extent possible, be limited to 
 95.19  the protection of public health, safety, and general 
 95.20  welfare.  Municipalities can prepare for anticipated changes and 
 95.21  by such preparations bring about significant savings in both 
 95.22  private and public expenditures.  Municipal planning, by 
 95.23  providing public guides to future municipal action, enables 
 95.24  other public and private agencies to plan their activities in 
 95.25  harmony with the municipality's plans.  Municipal planning will 
 95.26  assist in developing lands more wisely to serve citizens more 
 95.27  effectively, remaining flexible and adaptable to freely 
 95.28  functioning land markets, will make the provision of public 
 95.29  services less costly, and will achieve a more secure tax base.  
 95.30  It is the purpose of sections 462.351 to 462.364 to provide 
 95.31  municipalities, in a single body of law, with the necessary 
 95.32  powers and a uniform procedure for adequately conducting and 
 95.33  implementing municipal planning. 
 95.34     Sec. 111.  Minnesota Statutes 2000, section 462.352, 
 95.35  subdivision 5, is amended to read: 
 95.36     Subd. 5.  [COMPREHENSIVE MUNICIPAL PLAN.] "Comprehensive 
 96.1   municipal plan" means a compilation of policy statements, goals, 
 96.2   standards, and maps for guiding the physical, social and 
 96.3   economic development, both private and public, of the 
 96.4   municipality and its environs, including air space and 
 96.5   subsurface areas necessary for mined underground space 
 96.6   development pursuant to sections 469.135 to 469.141, and.  
 96.7   Comprehensive municipal plans may include, but is not limited 
 96.8   to, the following:  statements of policies, goals, standards, a 
 96.9   land use plan, including proposed densities for development, a 
 96.10  community facilities plan, a transportation plan, and 
 96.11  recommendations for plan execution.  A comprehensive plan 
 96.12  represents the planning agency's recommendations for the future 
 96.13  development of the community.  
 96.14     Sec. 112.  Minnesota Statutes 2000, section 462.352, 
 96.15  subdivision 6, is amended to read: 
 96.16     Subd. 6.  [LAND USE PLAN.] "Land use plan" means a 
 96.17  compilation of policy statements, goals, standards, and maps, 
 96.18  and action programs for guiding the future development of 
 96.19  private and public property.  The term includes plan must 
 96.20  include clear procedures to allow members of the public to 
 96.21  initiate a procedure to amend the plan, a plan designating types 
 96.22  of uses for the entire municipality as well as a specialized 
 96.23  plan showing specific areas or specific types of land uses, such 
 96.24  as residential, commercial, industrial, public or semipublic 
 96.25  uses or any combination of such uses.  A land use plan may also 
 96.26  include the proposed densities for development. 
 96.27     Sec. 113.  Minnesota Statutes 2000, section 462.3535, 
 96.28  subdivision 1, is amended to read: 
 96.29     Subdivision 1.  [GENERAL.] Each municipality is encouraged 
 96.30  to prepare and implement a community-based comprehensive 
 96.31  municipal plan.  A community-based comprehensive municipal plan 
 96.32  is a comprehensive plan that is consistent with the goals of 
 96.33  community-based planning in section 4A.08. 
 96.34     Sec. 114.  Minnesota Statutes 2000, section 462.3535, 
 96.35  subdivision 2, is amended to read: 
 96.36     Subd. 2.  [COORDINATION.] A municipality that prepares 
 97.1   a community-based comprehensive municipal plan that is 
 97.2   consistent with the goals in section 4A.08 shall coordinate its 
 97.3   plan with the plans, if any, of provide a copy of its plan to 
 97.4   the county and the municipality's neighbors both in order to 
 97.5   prevent the plan from having an determine if implementation of 
 97.6   the plan will result in any clear adverse impact impacts on 
 97.7   other jurisdictions and to complement the plans of other 
 97.8   jurisdictions.  The municipality shall prepare its plan to be 
 97.9   incorporated into the county's community-based comprehensive 
 97.10  plan, if the county is preparing or has prepared one, and shall 
 97.11  otherwise assist and cooperate with the county in its 
 97.12  community-based planning. 
 97.13     Sec. 115.  Minnesota Statutes 2000, section 462.3535, 
 97.14  subdivision 3, is amended to read: 
 97.15     Subd. 3.  [LIMITED JOINT PLANNING.] Under the joint 
 97.16  exercise of powers provisions in section 471.59, a municipality 
 97.17  may establish a joint planning district with other 
 97.18  municipalities or counties that are geographically contiguous, 
 97.19  to adopt a single community-based comprehensive plan for the 
 97.20  district for the purpose of jointly developing complementary 
 97.21  land use plans that are consistent with section 4A.08.  The 
 97.22  purpose of joint planning is to develop separate plans that are 
 97.23  unique to each municipality, but are not substantially in 
 97.24  conflict.  A municipality may not delegate its authority to 
 97.25  adopt official controls under sections 462.351 to 462.364, to 
 97.26  the board of the joint planning district. 
 97.27     Sec. 116.  Minnesota Statutes 2000, section 462.3535, 
 97.28  subdivision 4, is amended to read: 
 97.29     Subd. 4.  [CITIES; URBAN GROWTH AREAS.] (a) The 
 97.30  community-based comprehensive municipal plan for a statutory or 
 97.31  home rule charter city, and official controls to implement the 
 97.32  plan, must at a minimum, address any urban growth area 
 97.33  identified in a county plan and may establish an urban growth 
 97.34  area for the urbanized and urbanizing area.  The city plan must 
 97.35  establish a staged process for boundary adjustment to include 
 97.36  the urbanized or urbanizing area within corporate limits as the 
 98.1   urban growth area is developed and provided extending municipal 
 98.2   services to surrounding areas. 
 98.3      (b) Within the urban growth area, the plan must provide for 
 98.4   the staged provision of urban services, including, Such services 
 98.5   include, but are not limited to, water, wastewater collection 
 98.6   and treatment, and transportation.  
 98.7      Sec. 117.  Minnesota Statutes 2000, section 462.3535, 
 98.8   subdivision 10, is amended to read: 
 98.9      Subd. 10.  [NO MANDAMUS PROCEEDING.] A mandamus proceeding 
 98.10  may not be instituted against a municipality under this section 
 98.11  to require the municipality to conform its community-based 
 98.12  comprehensive land use plan to be consistent with the 
 98.13  community-based planning goals in section 4A.08. 
 98.14     Sec. 118.  Minnesota Statutes 2000, section 473.13, is 
 98.15  amended by adding a subdivision to read: 
 98.16     Subd. 1b.  [REPORT ON CONSULTANTS.] The annual budget must 
 98.17  list by contract or project, expenditures for consultants and 
 98.18  professional, technical, and other similar services for the 
 98.19  preceding fiscal year and those proposed or anticipated in the 
 98.20  next year.  The council shall consult with the state auditor and 
 98.21  the legislative auditor on how to coherently and effectively 
 98.22  communicate in the budget information on professional services 
 98.23  contracts, including a detailed description of the (1) methods 
 98.24  the council used to obtain consultant services, (2) criteria 
 98.25  used by the council to award the contract, (3) number of 
 98.26  consultants who sought the contract, (4) total cost of the 
 98.27  contract, (5) duration of the contract, (6) source of the funds 
 98.28  used to pay for the contract. 
 98.29     Sec. 119.  Minnesota Statutes 2000, section 473.1455, is 
 98.30  amended to read: 
 98.31     473.1455 [METROPOLITAN DEVELOPMENT GUIDE GOALS.] 
 98.32     The metropolitan council shall amend the metropolitan 
 98.33  development guide, as necessary, to reflect and implement the 
 98.34  community-based planning goals in section 4A.08.  The office of 
 98.35  strategic and long-range planning shall review and comment on 
 98.36  the metropolitan development guide.  The council may not approve 
 99.1   local comprehensive plans or plan amendments after July 1, 1999, 
 99.2   until the metropolitan council has received and considered 
 99.3   responded in writing to the comments of the office of strategic 
 99.4   and long-range planning. 
 99.5      Sec. 120.  [473.246] [LEGISLATIVE COMMISSION ON 
 99.6   METROPOLITAN GOVERNMENT; REVIEW.] 
 99.7      The metropolitan council shall submit to the legislative 
 99.8   commission on metropolitan government information on the 
 99.9   council's tax rates and dollar amounts levied for the current 
 99.10  year, proposed property tax rates and levies, operating and 
 99.11  capital budgets, work program, capital improvement program, and 
 99.12  any other information requested by the commission, for review by 
 99.13  the legislative commission, as provided in section 3.99. 
 99.14     Sec. 121.  Minnesota Statutes 2000, section 517.08, 
 99.15  subdivision 1b, is amended to read: 
 99.16     Subd. 1b.  [TERM OF LICENSE; FEE; PREMARITAL EDUCATION.] 
 99.17  (a) The court administrator shall examine upon oath the party 
 99.18  applying for a license relative to the legality of the 
 99.19  contemplated marriage.  If at the expiration of a five-day 
 99.20  period, on being satisfied that there is no legal impediment to 
 99.21  it, including the restriction contained in section 259.13, the 
 99.22  court administrator shall issue the license, containing the full 
 99.23  names of the parties before and after marriage, and county and 
 99.24  state of residence, with the district court seal attached, and 
 99.25  make a record of the date of issuance.  The license shall be 
 99.26  valid for a period of six months.  In case of emergency or 
 99.27  extraordinary circumstances, a judge of the district court of 
 99.28  the county in which the application is made, may authorize the 
 99.29  license to be issued at any time before the expiration of the 
 99.30  five days.  Except as provided in paragraph (b), the court 
 99.31  administrator shall collect from the applicant a fee of $70 for 
 99.32  administering the oath, issuing, recording, and filing all 
 99.33  papers required, and preparing and transmitting to the state 
 99.34  registrar of vital statistics the reports of marriage required 
 99.35  by this section.  If the license should not be used within the 
 99.36  period of six months due to illness or other extenuating 
100.1   circumstances, it may be surrendered to the court administrator 
100.2   for cancellation, and in that case a new license shall issue 
100.3   upon request of the parties of the original license without 
100.4   fee.  A court administrator who knowingly issues or signs a 
100.5   marriage license in any manner other than as provided in this 
100.6   section shall pay to the parties aggrieved an amount not to 
100.7   exceed $1,000. 
100.8      (b) The marriage license fee for parties who have completed 
100.9   at least 12 hours of premarital education is $20.  In order to 
100.10  qualify for the reduced fee, the parties must submit a signed 
100.11  and dated statement from the person who provided the premarital 
100.12  education confirming that it was received.  The premarital 
100.13  education must be provided by a licensed or ordained minister or 
100.14  the minister's designee, a person authorized to solemnize 
100.15  marriages under section 517.18, or a person authorized to 
100.16  practice marriage and family therapy under section 148B.33.  The 
100.17  education must include the use of a premarital inventory and the 
100.18  teaching of communication and conflict management skills.  
100.19     (c) The statement from the person who provided the 
100.20  premarital education under paragraph (b) must be in the 
100.21  following form:  
100.22     "I, (name of educator), confirm that (names of both 
100.23  parties) received at least 12 hours of premarital education that 
100.24  included the use of a premarital inventory and the teaching of 
100.25  communication and conflict management skills.  I am a licensed 
100.26  or ordained minister, a person authorized to solemnize marriages 
100.27  under Minnesota Statutes, section 517.18, or a person licensed 
100.28  to practice marriage and family therapy under Minnesota 
100.29  Statutes, section 148B.33." 
100.30     The names of the parties in the educator's statement must 
100.31  be identical to the legal names of the parties as they appear in 
100.32  the marriage license application.  Notwithstanding section 
100.33  138.17, the educator's statement must be retained for seven 
100.34  years, after which time it may be destroyed.  
100.35     (b) (d) If section 259.13 applies to the request for a 
100.36  marriage license, the court administrator shall grant the 
101.1   marriage license without the requested name change.  
101.2   Alternatively, the court administrator may delay the granting of 
101.3   the marriage license until the party with the conviction: 
101.4      (1) certifies under oath that 30 days have passed since 
101.5   service of the notice for a name change upon the prosecuting 
101.6   authority and, if applicable, the attorney general and no 
101.7   objection has been filed under section 259.13; or 
101.8      (2) provides a certified copy of the court order granting 
101.9   it.  The parties seeking the marriage license shall have the 
101.10  right to choose to have the license granted without the name 
101.11  change or to delay its granting pending further action on the 
101.12  name change request. 
101.13     Sec. 122.  Minnesota Statutes 2000, section 517.08, 
101.14  subdivision 1c, is amended to read: 
101.15     Subd. 1c.  [DISPOSITION OF LICENSE FEE.] (a) Of the 
101.16  marriage license fee collected pursuant to subdivision 
101.17  1b, paragraph (a), $15 must be retained by the county.  The 
101.18  court administrator shall must pay $55 to the state treasurer to 
101.19  be deposited as follows: 
101.20     (1) $50 in the general fund; 
101.21     (2) $3 in the special revenue fund to be appropriated to 
101.22  the commissioner of children, families, and learning for 
101.23  supervised parenting time facilities under section 119A.37; and 
101.24     (3) $2 in the special revenue fund to be appropriated to 
101.25  the commissioner of health for developing and implementing the 
101.26  MN ENABL program under section 145.9255. 
101.27     (b) Of the $20 fee under subdivision 1b, paragraph (b), $15 
101.28  must be retained by the county.  The state court administrator 
101.29  must pay $5 to the state treasurer to be distributed as provided 
101.30  in paragraph (a), clauses (2) and (3). 
101.31     Sec. 123.  Minnesota Statutes 2000, section 645.44, is 
101.32  amended by adding a subdivision to read: 
101.33     Subd. 15a.  [MUST.] "Must" is mandatory. 
101.34     Sec. 124.  Laws 1998, chapter 366, section 80, is amended 
101.35  to read: 
101.36     Sec. 80.  [SETTLEMENT DIVISION; TRANSFER OF JUDGES.] 
102.1      The office of administrative hearings shall establish a 
102.2   settlement division.  The workers' compensation judges at the 
102.3   department of labor and industry, together with their support 
102.4   staff, offices, furnishings, equipment, and supplies, are 
102.5   transferred to the settlement division of the office of 
102.6   administrative hearings.  Minnesota Statutes, section 15.039, 
102.7   applies to the transfer of employees.  The settlement division 
102.8   of the office of administrative hearings shall maintain offices 
102.9   in the cities of St. Paul, Duluth, and Detroit Lakes.  The 
102.10  office of a judge in the settlement division of the office of 
102.11  administrative hearings and the support staff of the judge may 
102.12  be located in a building that contains offices of the department 
102.13  of labor and industry.  The seniority of a workers' compensation 
102.14  judge at the office of administrative hearings, after the 
102.15  transfer, shall be based on the total length of service as a 
102.16  judge at either agency.  For purposes of the commissioner's plan 
102.17  under Minnesota Statutes, section 43A.18, subdivision 2, all 
102.18  compensation judges at the office of administrative hearings 
102.19  shall be considered to be in the same employment condition, the 
102.20  same organizational unit and qualified for work in either 
102.21  division. 
102.22     Sec. 125.  Laws 1998, chapter 404, section 23, subdivision 
102.23  6, is amended to read:  
102.24  Subd. 6.  St. Paul RiverCentre
102.25  Arena                                                65,000,000
102.26  This appropriation is from the general 
102.27  fund to the commissioner of finance for 
102.28  a loan to the city of St. Paul to 
102.29  demolish the existing St. Paul 
102.30  RiverCentre Arena and to design, 
102.31  construct, furnish, and equip a new 
102.32  arena.  This appropriation is not 
102.33  available until the lessee to whom the 
102.34  city has leased the arena has agreed to 
102.35  make rental or other payments to the 
102.36  city under the terms set forth in this 
102.37  subdivision.  The loan is repayable 
102.38  solely from and secured by the payments 
102.39  made to the city by the lessee.  The 
102.40  loan is not a public debt and the full 
102.41  faith, credit, and taxing powers of the 
102.42  city are not pledged for its repayment. 
102.43  (a) $48,000,000 of the loan must be 
102.44  repaid to the commissioner, without 
102.45  interest, within 20 years from the date 
102.46  of substantial completion of the arena 
103.1   in accordance with the following 
103.2   schedule: 
103.3   (1) no repayments are due in the first 
103.4   two years from the date of substantial 
103.5   completion; 
103.6   (2) in each of the years three to five, 
103.7   the lessee must pay $1,250,000; 
103.8   (3) in each of the years six to ten, 
103.9   the lessee must pay $1,500,000; 
103.10  (4) in each of the years 11 to 13, the 
103.11  lessee must pay $2,000,000; 
103.12  (5) in year 14, the lessee must pay 
103.13  $3,000,000; 
103.14  (6) in year 15, the lessee must pay 
103.15  $4,000,000; and 
103.16  (7) in each of the years 16 to 20, the 
103.17  lessee must pay $4,750,000. 
103.18  (b) The commissioner must deposit the 
103.19  repayments in the state treasury and 
103.20  credit them to the youth activities 
103.21  account, which is hereby created in the 
103.22  special revenue fund.  Money in the 
103.23  youth activities account is available 
103.24  for expenditure as appropriated by 
103.25  law general fund. 
103.26  (c) The loan may not be made until the 
103.27  commissioner has entered into an 
103.28  agreement with the city of St. Paul 
103.29  identifying the rental or other 
103.30  payments that will be made and 
103.31  establishing the dates on and the 
103.32  amounts in which the payments will be 
103.33  made to the city and by the city to the 
103.34  commissioner.  The payments may include 
103.35  operating revenues and additional 
103.36  payments to be made by the lessee under 
103.37  agreements to be negotiated between the 
103.38  commissioner, the city, and the 
103.39  lessee.  Those agreements may include, 
103.40  but are not limited to, an agreement 
103.41  whereby the lessee pledges to provide 
103.42  each year a letter of credit sufficient 
103.43  to guarantee the payment of the amount 
103.44  due for the next succeeding year; an 
103.45  agreement whereby the lessee agrees to 
103.46  maintain a net worth, certified each 
103.47  year by a financial institution or 
103.48  accounting firm satisfactory to the 
103.49  commissioner, that is greater than the 
103.50  balance due under the payment schedule 
103.51  in paragraph (a); and any other 
103.52  agreements the commissioner may deem 
103.53  necessary to ensure that the payments 
103.54  are made as scheduled. 
103.55  (d) The agreements must provide that 
103.56  the failure of the lessee to make a 
103.57  payment due to the city under the 
103.58  agreement is an event of default under 
103.59  the lease between the city and the 
103.60  lessee and that the state is entitled 
103.61  to enforce the remedies of the lessor 
104.1   under the lease in the event of 
104.2   default.  Those remedies must include, 
104.3   but need not be limited to, the 
104.4   obligation of the lessee to pay the 
104.5   balance due for the remainder of the 
104.6   payment schedule in the event the 
104.7   lessee ceases to operate a National 
104.8   Hockey League team in the arena. 
104.9   (e) By January 1, 1999, the 
104.10  commissioner shall report to the chair 
104.11  of the senate committee on state 
104.12  government finance and the chair of the 
104.13  house committee on ways and means the 
104.14  terms of an agreement between the 
104.15  lessee and the amateur sports 
104.16  commission whereby the lessee agrees to 
104.17  make the facilities of the arena 
104.18  available to the commission on terms 
104.19  satisfactory to the commission for 
104.20  amateur sports activities consistent 
104.21  with the purposes of Minnesota 
104.22  Statutes, chapter 240A, each year 
104.23  during the time the loan is 
104.24  outstanding.  The amateur sports 
104.25  commission must negotiate in good faith 
104.26  and may be required to pay no more than 
104.27  actual out-of-pocket expenses for the 
104.28  time it uses the arena.  The agreement 
104.29  may not become effective before 
104.30  February 1, 1999.  During any calendar 
104.31  year after 1999 that an agreement under 
104.32  this paragraph is not in effect and a 
104.33  payment is due under the schedule, the 
104.34  lessee must pay to the commissioner a 
104.35  penalty of $750,000 for that year.  If 
104.36  the amateur sports commission has not 
104.37  negotiated in good faith, no penalty is 
104.38  due. 
104.39     Sec. 126.  Laws 1999, chapter 250, article 1, section 115, 
104.40  is amended to read: 
104.41     Sec. 115.  [REPEALER.] 
104.42     (a) Minnesota Rules, part 8275.0045, subpart 2, is repealed.
104.43     (b) Minnesota Statutes 1998, sections 15.90; 15.91; 15.92; 
104.44  16A.103, subdivision 3; 16E.11; 16E.12; and 16E.13, are repealed.
104.45     (c) Laws 1991, chapter 235, article 5, section 3, as 
104.46  amended by Laws 1995, chapter 254, article 1, section 91, is 
104.47  repealed. 
104.48     (d) Minnesota Statutes 1998, section 16A.1285, subdivisions 
104.49  4 and 5, are repealed. 
104.50     (e) Minnesota Statutes 1998, sections 207A.01; 207A.02; 
104.51  207A.03; 207A.04; 207A.06; 207A.07; 207A.08; 207A.09; and 
104.52  207A.10, are repealed. 
104.53     (f) S.F. No. 2223 of the 1999 regular session, if enacted, 
104.54  is repealed. 
105.1      (g) Minnesota Statutes 1998, sections 4A.08; 4A.09; and 
105.2   4A.10, are repealed. 
105.3      Sec. 127.  Laws 1999, chapter 250, article 1, section 116, 
105.4   is amended to read: 
105.5      Sec. 116.  [EFFECTIVE DATE.] 
105.6      (a) Section 41 is effective January 1, 2001.  Section 43 is 
105.7   effective July 1, 2000, with respect to preparation of the model 
105.8   policies and procedures by the commissioner of administration, 
105.9   and January 1, 2001, with respect to the other provisions of 
105.10  section 43. 
105.11     (b) Sections 62 to 64 and 93 are effective January 1, 2001. 
105.12     (c) Sections 94 to 100 are effective the day following 
105.13  final enactment. 
105.14     (d) Sections 47, 49, 55, and 115, paragraphs 
105.15  paragraph (d) and (g), are effective July 1, 2001. 
105.16     (e) Section 61 is effective the day following final 
105.17  enactment and applies only to contracts executed on or after 
105.18  that date. 
105.19     (f) The commissioner of employee relations may not 
105.20  implement the long-term care insurance plan under section 78 
105.21  until April 1, 2000. 
105.22     Sec. 128.  [APPLICATION.] 
105.23     Sections 118 and 120 apply in the counties of Anoka, 
105.24  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.  
105.25     Sec. 129.  [REQUEST FOR PROPOSAL; INTERTECHNOLOGIES 
105.26  SERVICES.] 
105.27     By January 1, 2002, the commissioner of administration must 
105.28  issue one or more requests for proposals covering all services 
105.29  currently provided by the intertechnologies group in the 
105.30  department of administration.  Current state employees, as well 
105.31  as outside vendors, may respond to the request for proposals.  
105.32  Based on the requests, the commissioner must enter into a 
105.33  contract to provide services covered by the requests for 
105.34  proposals for the period beginning July 1, 2002. 
105.35     Sec. 130.  [URBAN RIVERS GUIDELINES.] 
105.36     The office of strategic and long-range planning, in 
106.1   consultation with appropriate and affected parties, must prepare 
106.2   guidelines for sustainable development along the central 
106.3   business districts of rivers in urban areas of the state.  The 
106.4   office must: 
106.5      (1) evaluate existing state and municipal laws; 
106.6      (2) review federal legislation affecting urban rivers; and 
106.7      (3) identify the technical and administrative procedures to 
106.8   guide urban river development. 
106.9      The draft guidelines must be made available to the 
106.10  environmental and economic development policy committees of the 
106.11  legislature, and to interested parties, by January 15, 2002. 
106.12     Sec. 131.  [INITIAL BOARD.] 
106.13     The initial board of Northern Technology, Inc. consists of 
106.14  the president of Pine Technical College and one member of each 
106.15  of the governing bodies of Carlton, Chisago, Isanti, Kanabec, 
106.16  and Pine counties, appointed by the governing bodies.  Members 
106.17  of the initial board must be appointed within 30 days of the 
106.18  effective date of this act and must adopt bylaws within 30 days 
106.19  of the appointment of the last board member appointed under this 
106.20  section.  Any additional board members required under the bylaws 
106.21  or Minnesota Statutes, section 116T.02, subdivision 3, must take 
106.22  office or be appointed within 30 days after the adoption of 
106.23  bylaws under this section. 
106.24     Sec. 132.  [HIAWATHA AVENUE LIGHT RAIL TRANSIT COST 
106.25  CALCULATION.] 
106.26     (a) The office of the legislative auditor shall prepare a 
106.27  complete accounting of all federal, state, and local costs 
106.28  relating to the Hiawatha avenue light rail transit line.  The 
106.29  cost accounting must include: 
106.30     (1) planning, environmental studies, and preliminary and 
106.31  final design and engineering for the project; 
106.32     (2) construction and other capital costs of the light rail 
106.33  transit line when completed; 
106.34     (3) improvements and repairs to and reconstruction of state 
106.35  and local streets and highways incurred and anticipated as a 
106.36  result of the project; 
107.1      (4) all costs of utility relocation resulting from the 
107.2   project; 
107.3      (5) all costs incurred by the department of transportation 
107.4   with respect to public information and communications about the 
107.5   project; 
107.6      (6) construction, acquisition, or lease of park-and-ride 
107.7   facilities that would serve project riders, including costs of 
107.8   relocating other public facilities to make room for those 
107.9   park-and-ride facilities; 
107.10     (7) projected costs of connecting the Hiawatha avenue light 
107.11  rail transit line with commuter rail facilities; 
107.12     (8) any costs necessitated by the project and included in 
107.13  the project budget for the reconstruction of marked trunk 
107.14  highway No. 55, to the extent not included under clause (3); and 
107.15     (9) all public costs relating to the acquisition of real 
107.16  property for the line and for the purchase and development of 
107.17  real property adjacent to the project right-of-way. 
107.18     (b) The legislative auditor shall submit an interim report 
107.19  of the cost accounting to the legislature by March 1, 2002, and 
107.20  shall submit a final report to the legislature by March 1, 2003. 
107.21     Sec. 133.  [PAY EQUITY STUDY.] 
107.22     The commissioner of employee relations shall convene a work 
107.23  group to examine the practices and progress of the local 
107.24  government pay equity act.  The commissioner must report the 
107.25  findings of the group to the legislature by January 15, 2002.  
107.26     Sec. 134.  [SHALL/MUST.] 
107.27     The revisor of statutes, in consultation with the directors 
107.28  of house research and senate counsel and research, must report 
107.29  to the house of representatives and senate rules committees and 
107.30  the legislative coordinating commission by November 1, 2001, on 
107.31  a proposal to change "shall" to "must" in Minnesota Statutes.  
107.32     Sec. 135.  [HOUSE CHAMBER POLICY.] 
107.33     The Sergeant-at-Arms of the House of Representatives must 
107.34  not allow a male member of the Minnesota Senate to be admitted 
107.35  within the House Chamber while the person is wearing a neck tie, 
107.36  bow tie, or other cravat.  The Sergeant-at-Arms must strictly 
108.1   enforce this section. 
108.2      Sec. 136.  [LOCATING STATE AGENCIES.] 
108.3      It is the policy of the Minnesota legislature to ensure 
108.4   that state government services are available to all people of 
108.5   our state. 
108.6      Therefore, the office of strategic and long-range planning, 
108.7   in cooperation with the departments of administration and 
108.8   finance, shall develop criteria for the proper location of state 
108.9   agencies or parts of state agencies.  The purpose of these 
108.10  criteria will be to evaluate the advantages and disadvantages of 
108.11  proposals to relocate and decentralize state services and 
108.12  facilities. 
108.13     The office shall report its recommendations to the senate 
108.14  finance committee, senate capital investment committee, house 
108.15  ways and means committee, and house capital investment committee 
108.16  by January 15, 2002. 
108.17     Sec. 137.  [RENT ADJUSTMENTS.] 
108.18     General fund appropriations in this act to state agencies 
108.19  for increased rent costs must be reduced by a total of 
108.20  $2,864,000.  The commissioner of finance must allocate this 
108.21  reduction proportionately among agencies and reduce 
108.22  appropriations to the agencies accordingly. 
108.23     Sec. 138.  [RATIFICATIONS.] 
108.24     Subdivision 1.  [UNREPRESENTED MANAGERS; MINNESOTA STATE 
108.25  COLLEGES AND UNIVERSITIES.] The amendments to the plan for 
108.26  administrators of the Minnesota state colleges and universities, 
108.27  approved by the legislative coordinating commission subcommittee 
108.28  on employee relations on July 21, 2000, are ratified. 
108.29     Subd. 2.  [SALARIES FOR HEADS OF STATE AGENCIES.] The 
108.30  proposal to increase the salaries of certain heads of state 
108.31  agencies, approved by the legislative coordinating commission 
108.32  subcommittee on employee relations on July 21, 2000, is ratified.
108.33     Subd. 3.  [ENGINEERS.] The arbitration award and labor 
108.34  agreement between the state of Minnesota and the Minnesota 
108.35  government engineers council, approved by the legislative 
108.36  coordinating commission subcommittee on employee relations on 
109.1   September 8, 2000, are ratified. 
109.2      Subd. 4.  [SALARIES FOR CERTAIN HEADS OF STATE 
109.3   AGENCIES.] The proposals to increase the salaries of the 
109.4   directors of the state board of investment and the teachers 
109.5   retirement association, as approved by the legislative 
109.6   coordinating commission subcommittee on employee relations on 
109.7   September 8, 2000, are ratified. 
109.8      Sec. 139.  [REVISOR'S INSTRUCTION.] 
109.9      The revisor of statutes shall renumber Minnesota Statutes, 
109.10  section 16B.88, as Minnesota Statutes, section 4.50. 
109.11     Sec. 140.  [TRANSFERS.] 
109.12     The office of citizenship and volunteer services is 
109.13  transferred from the department of administration to the office 
109.14  of the governor according to Minnesota Statutes, section 15.039. 
109.15     Sec. 141.  [REPEALER.] 
109.16     (a) Minnesota Statutes 2000, sections 3.9222; 8.31, 
109.17  subdivision 2c; 13.606, subdivision 2; 16B.37; 16B.58, 
109.18  subdivision 7; 129D.06; 394.232; 473.1455; 572A.01; and 572A.03, 
109.19  subdivision 2, are repealed. 
109.20     (b) Minnesota Statutes 2000, sections 13.202, subdivision 
109.21  8; 465.795; 465.796; 465.797; 465.7971; 465.798; 465.799; 
109.22  465.801; 465.802; 465.803; 465.83; 465.87; and 465.88, are 
109.23  repealed. 
109.24     (c) Minnesota Statutes 2000, sections 4A.07, subdivision 3; 
109.25  462.352, subdivision 18; and 462.3535, subdivisions 5, 6, 7, 8, 
109.26  and 9, are repealed. 
109.27     (d) Minnesota Statutes 2000, sections 16A.67; 16A.6701; and 
109.28  246.18, subdivision 7, are repealed. 
109.29     (e) Minnesota Statutes 2000, section 43A.18, subdivision 5, 
109.30  is repealed. 
109.31     Sec. 142.  [EFFECTIVE DATE.] 
109.32     Sections 9 and 10 are effective January 1, 2002.  Sections 
109.33  28 to 32 are effective July 1, 2002.  Sections 38, 57, 86, 126, 
109.34  and 127 are effective June 30, 2001.  Sections 71 and 73 to 75 
109.35  are effective the day following final enactment.  Section 73 is 
109.36  a clarification of the law in effect before the effective date 
110.1   of section 73.  Sections 14; 41; 42; 82; 83; 88; 138; and 141, 
110.2   paragraph (e), are effective the day following final enactment.  
110.3   Section 141, paragraph (d), is effective December 31, 2001.  
110.4                              ARTICLE 3
110.5                              ELECTIONS
110.6      Section 1.  Minnesota Statutes 2000, section 103C.311, 
110.7   subdivision 1, is amended to read: 
110.8      Subdivision 1.  [SUPERVISORS ELECTED AT LARGE.] (a) The 
110.9   district board, after the initial election has been held, shall, 
110.10  with the approval of the state board, divide a district into 
110.11  five supervisor districts for purposes of nomination for 
110.12  election.  At each election after the division, one or more 
110.13  supervisors shall be nominated from each supervisor district.  A 
110.14  supervisor must be a resident of the supervisor district to be 
110.15  elected. 
110.16     (b) If the boundary of a soil and water conservation 
110.17  district has been substantially changed by a division of the 
110.18  district, the district shall be divided into five supervisor 
110.19  districts for nomination purposes.  
110.20     (c) This subdivision does not disqualify a supervisor 
110.21  during the term for which the supervisor was elected or 
110.22  nominated for election.  Supervisors nominated from the 
110.23  supervisor districts shall be included on the ballot for 
110.24  election from the entire area included in the soil and water 
110.25  conservation district.  
110.26     (d) A certified copy of the minutes or the resolution of 
110.27  the supervisors establishing supervisor districts must be 
110.28  promptly filed by the chair of the district board with the 
110.29  county auditor of the counties where the district is located and 
110.30  with the state board. 
110.31     Sec. 2.  [200.039] [PETITION REQUIREMENTS FOR BALLOT 
110.32  QUESTIONS.] 
110.33     If a statute: 
110.34     (1) provides that a ballot question may or must be placed 
110.35  on the ballot when a specified number of individuals have signed 
110.36  a petition, and 
111.1      (2) specifies the number of individuals required under the 
111.2   statute as a percentage of the individuals who voted in a 
111.3   previous election, 
111.4   the statute must be construed to mean that the petition must be 
111.5   signed by a number of current voters equal to the required 
111.6   percentage specified in the statute.  The statute must not be 
111.7   construed to restrict the eligibility to sign the petition to 
111.8   only those individuals who were eligible to cast ballots or who 
111.9   did cast ballots in the previous election. 
111.10     Sec. 3.  Minnesota Statutes 2000, section 201.016, 
111.11  subdivision 1a, is amended to read: 
111.12     Subd. 1a.  [VIOLATIONS; PENALTY.] (a) The county auditor 
111.13  shall mail a violation notice to any voter who the county 
111.14  auditor can determine has voted in a precinct other than the 
111.15  precinct in which the voter maintains residence.  The notice 
111.16  must be in the form provided by the secretary of state.  The 
111.17  county auditor shall also change the status of the voter in the 
111.18  statewide registration system to "challenged" and the voter 
111.19  shall be required to provide proof of residence to either the 
111.20  county auditor or to the election judges in the voter's precinct 
111.21  before voting in the next election.  Any of the forms authorized 
111.22  by section 201.061 for registration at the polling place may be 
111.23  used for this purpose. 
111.24     (b) A voter who votes in a precinct other than the precinct 
111.25  in which the voter maintains residence after receiving an 
111.26  initial violation notice as provided in this subdivision is 
111.27  guilty of a petty misdemeanor.  Any subsequent violation 
111.28     (c) A voter who votes in a precinct other than the precinct 
111.29  in which the voter maintains residence after having been found 
111.30  to have committed a petty misdemeanor under paragraph (b) is 
111.31  guilty of a misdemeanor. 
111.32     (d) A voter who votes in a precinct other than the precinct 
111.33  in which the voter maintains residence after having been 
111.34  convicted of a misdemeanor under paragraph (c), is guilty of a 
111.35  gross misdemeanor. 
111.36     (e) Reliance by the voter on inaccurate information 
112.1   regarding the location of the voter's polling place provided by 
112.2   the state, a county, or municipality is an affirmative defense 
112.3   to a prosecution under this subdivision. 
112.4      Sec. 4.  Minnesota Statutes 2000, section 201.022, is 
112.5   amended to read: 
112.6      201.022 [STATEWIDE REGISTRATION SYSTEM.] 
112.7      Subdivision 1.  [ESTABLISHMENT.] The secretary of state 
112.8   shall develop and implement maintain a statewide voter 
112.9   registration system to facilitate voter registration and to 
112.10  provide a central database containing voter registration 
112.11  information from around the state.  The system must be 
112.12  accessible to the county auditor of each county in the state.  
112.13     Subd. 2.  [RULES.] The secretary of state shall make 
112.14  permanent rules necessary to administer the system required in 
112.15  subdivision 1.  The rules must at least:  
112.16     (1) provide for voters to submit their registration to any 
112.17  county auditor, the secretary of state, or the department of 
112.18  public safety; 
112.19     (2) provide for the establishment and maintenance of a 
112.20  central database for all voter registration information; 
112.21     (3) provide procedures for entering data into the statewide 
112.22  registration system; 
112.23     (4) provide for interaction with the computerized driver's 
112.24  license records of the department of public safety; 
112.25     (5) allow the offices of all county auditors and the 
112.26  secretary of state to add, modify, and delete information from 
112.27  the system to provide for accurate and up-to-date records; 
112.28     (6) allow the offices of all county auditors and the 
112.29  secretary of state's office to have access to the statewide 
112.30  registration system for review and search capabilities; 
112.31     (7) provide security and protection of all information in 
112.32  the statewide registration system and to ensure that 
112.33  unauthorized entry is not allowed; 
112.34     (8) provide a system for each county to identify the 
112.35  precinct to which a voter should be assigned for voting 
112.36  purposes; and 
113.1      (9) prescribe a procedure for phasing in or converting 
113.2   existing computerized records to the statewide registration 
113.3   system; 
113.4      (10) prescribe a procedure for the return of completed 
113.5   voter registration forms from the department of public safety to 
113.6   the secretary of state or the county auditor; and. 
113.7      (11) provide alternate procedures, effective until December 
113.8   31, 1990, for updating voter records and producing polling place 
113.9   rosters for counties.  The secretary of state shall determine no 
113.10  later than June 1, 1990, whether these alternate procedures will 
113.11  be required. 
113.12     Sec. 5.  Minnesota Statutes 2000, section 201.061, 
113.13  subdivision 3, is amended to read: 
113.14     Subd. 3.  [ELECTION DAY REGISTRATION.] (a) An individual 
113.15  who is eligible to vote may register on election day by 
113.16  appearing in person at the polling place for the precinct in 
113.17  which the individual maintains residence, by completing a 
113.18  registration card, making an oath in the form prescribed by the 
113.19  secretary of state and providing proof of identification and 
113.20  residence.  
113.21     (b) An individual may prove residence identity for purposes 
113.22  of registering by showing one of the following: 
113.23     (1) showing a driver's license or Minnesota identification 
113.24  card issued pursuant to section 171.07; 
113.25     (2) showing any document approved by the secretary of state 
113.26  as proper a United States passport or military identification; 
113.27     (3) showing one of the following: 
113.28     (i) a current valid student identification card from a 
113.29  post-secondary educational institution in Minnesota, if a list 
113.30  of students from that institution has been prepared under 
113.31  section 135A.17 and certified to the county auditor in the 
113.32  manner provided in rules of the secretary of state; or 
113.33     (ii) (4) a current valid employee photo identification card 
113.34  issued by the state or by a political subdivision; 
113.35     (5) a current valid photo identification card issued by the 
113.36  health department to recipients of medical assistance; or 
114.1      (6) an identification card issued by the tribal government 
114.2   of a tribe recognized by the Bureau of Indian Affairs, 
114.3   Department of the Interior, that contains the name, residence 
114.4   address, signature, date of birth, and picture of the individual.
114.5      (c) In addition, an individual may prove residence for 
114.6   purposes of registration if the document shown in compliance 
114.7   with paragraph (b) does not contain the individual's current 
114.8   residence address by providing one of the following: 
114.9      (1) an electric, water, natural gas, garbage, sewer, 
114.10  telephone, or cable television bill that is due within 30 days 
114.11  after election day; 
114.12     (2) a Minnesota driver's license, learner's permit, or 
114.13  identification card, or a receipt for one of these; 
114.14     (3) notice of late voter registration; 
114.15     (4) a student list prepared under section 135A.17 and 
114.16  certified to the county auditor in the manner provided in rules 
114.17  of the secretary of state; 
114.18     (5) an identification card issued by the tribal government 
114.19  of a tribe recognized by the Bureau of Indian Affairs, 
114.20  Department of the Interior, that contains the name, residence 
114.21  address, signature, date of birth, and picture of the 
114.22  individual; 
114.23     (6) a current student fee statement that contains the 
114.24  student's valid address in the precinct together with a picture 
114.25  identification card; or 
114.26     (4) (7) having a voter who is registered to vote in the 
114.27  precinct sign an oath in the presence of the election judge 
114.28  vouching that the voter personally knows that the individual is 
114.29  a resident of the precinct.  A voter who has been vouched for on 
114.30  election day may not sign a proof of residence oath vouching for 
114.31  any other individual on that election day. 
114.32     (d) A county, school district, or municipality may must 
114.33  require that an election judge responsible for election day 
114.34  registration initial each completed registration card.  
114.35     <h>[EFFECTIVE DATE.]</h> This section is effective April 1, 2002. 
114.36     Sec. 6.  Minnesota Statutes 2000, section 201.071, 
115.1   subdivision 1, is amended to read: 
115.2      Subdivision 1.  [FORM.] A registration card must be of 
115.3   suitable size and weight for mailing and contain spaces for the 
115.4   following required information:  voter's first name, middle 
115.5   name, and last name; voter's previous name, if any; voter's 
115.6   current address; voter's previous address, if any; voter's date 
115.7   of birth; voter's municipality and county of residence; voter's 
115.8   telephone number, if provided by the voter; the final four 
115.9   digits of the voter's social security number (or the statement 
115.10  "NONE" if the voter has no social security number); date of 
115.11  registration; and voter's signature.  The card must also contain 
115.12  a certification of voter eligibility. 
115.13     The form of the voter registration card and the 
115.14  certification of voter eligibility must be as provided in the 
115.15  rules of the secretary of state.  Voter registration forms 
115.16  authorized by the National Voter Registration Act may also be 
115.17  accepted as valid. 
115.18     <h>[EFFECTIVE DATE.]</h> This section is effective April 1, 2002. 
115.19     Sec. 7.  Minnesota Statutes 2000, section 201.071, 
115.20  subdivision 3, is amended to read: 
115.21     Subd. 3.  [DEFICIENT REGISTRATION.] No registration is 
115.22  deficient if it contains the voter's name, address, date of 
115.23  birth, the final four digits of the voter's social security 
115.24  number (or the statement "NONE" if the voter has no social 
115.25  security number), prior registration, if any, and signature.  
115.26  The absence of a zip code number does not cause the registration 
115.27  to be deficient.  The election judges shall request an 
115.28  individual to correct a registration card if it is deficient or 
115.29  illegible or if the name or number of the voter's school 
115.30  district is missing or obviously incorrect.  No eligible voter 
115.31  may be prevented from voting unless the voter's registration 
115.32  card is deficient or the voter is duly and successfully 
115.33  challenged in accordance with section 201.195 or 204C.12. 
115.34     A registration card accepted prior to August 1, 1983, is 
115.35  not deficient for lack of date of birth.  The county or 
115.36  municipality may attempt to obtain the date of birth for a 
116.1   registration card accepted prior to August 1, 1983, by a request 
116.2   to the voter at any time except at the polling place.  Failure 
116.3   by the voter to comply with this request does not make the 
116.4   registration deficient. 
116.5      A registration card accepted before April 1, 2002, is not 
116.6   deficient for lack of the final four digits of the voter's 
116.7   social security number.  A county or municipality may attempt to 
116.8   obtain this information for a registration card accepted before 
116.9   April 1, 2002, by a request to the voter at any time except at 
116.10  the polling place.  Failure by the voter to comply with this 
116.11  request does not make the registration deficient. 
116.12     <h>[EFFECTIVE DATE.]</h> This section is effective April 1, 2002. 
116.13     Sec. 8.  Minnesota Statutes 2000, section 201.071, is 
116.14  amended by adding a subdivision to read: 
116.15     Subd. 9.  [EXISTING CARDS.] Existing stocks of registration 
116.16  cards printed before April 1, 2002, that do not contain the 
116.17  social security information required under this section may 
116.18  continue to be used until the stock is exhausted.  All 
116.19  registration cards printed after March 31, 2002, must conform 
116.20  with this section. 
116.21     <h>[EFFECTIVE DATE.]</h> This section is effective April 1, 2002. 
116.22     Sec. 9.  Minnesota Statutes 2000, section 201.071, is 
116.23  amended by adding a subdivision to read: 
116.24     Subd. 10.  [RULES.] The secretary of state shall adopt 
116.25  rules to provide for registration cards that conform with this 
116.26  section. 
116.27     Sec. 10.  Minnesota Statutes 2000, section 201.091, 
116.28  subdivision 1, is amended to read: 
116.29     Subdivision 1.  [MASTER LIST.] Each county auditor shall 
116.30  prepare and maintain a current list of registered voters in each 
116.31  precinct in the county which is known as the master list.  The 
116.32  master list must be created by entering each completed voter 
116.33  registration card received by the county auditor into the 
116.34  statewide registration system.  It must show the name, residence 
116.35  address, and date of birth of each voter registered in the 
116.36  precinct.  The information contained in the master list may only 
117.1   be made available to public officials for purposes related to 
117.2   election administration, jury selection, and in response to a 
117.3   law enforcement inquiry concerning a violation of or failure to 
117.4   comply with any criminal statute or state or local tax statute.  
117.5   If a copy of the master list is provided to a public official 
117.6   for jury selection or in response to a law enforcement inquiry 
117.7   described in this subdivision, the list may not include the 
117.8   final four digits of the social security number of any voter. 
117.9      Sec. 11.  Minnesota Statutes 2000, section 201.091, is 
117.10  amended by adding a subdivision to read: 
117.11     Subd. 1a.  [POLLING PLACE ROSTER.] A polling place roster 
117.12  produced from data maintained in the statewide voter 
117.13  registration file may not include the final four digits of the 
117.14  social security number of any voter. 
117.15     Sec. 12.  Minnesota Statutes 2000, section 201.091, 
117.16  subdivision 4, is amended to read: 
117.17     Subd. 4.  [PUBLIC INFORMATION LISTS.] (a) The county 
117.18  auditor shall make available for inspection a public information 
117.19  list which must contain the name, address, year of birth, and 
117.20  voting history of each registered voter in the county.  The 
117.21  telephone number must be included on the list if provided by the 
117.22  voter.  The public information list may also include information 
117.23  on voting districts.  The list must not contain the final four 
117.24  digits of the social security number of any voter.  The county 
117.25  auditor may adopt reasonable rules governing access to the list. 
117.26     (b) No individual inspecting the public information list 
117.27  shall tamper with or alter it in any manner.  No individual who 
117.28  inspects the public information list or who acquires a list of 
117.29  registered voters prepared from the public information list may 
117.30  use any information contained in the list for purposes unrelated 
117.31  to elections, political activities, or law enforcement.  The 
117.32  secretary of state may provide copies of the public information 
117.33  lists and other information from the statewide registration 
117.34  system for uses related to elections, political activities, or 
117.35  in response to a law enforcement inquiry from a public official 
117.36  concerning a failure to comply with any criminal statute or any 
118.1   state or local tax statute. 
118.2      (c) Before inspecting the public information list or 
118.3   obtaining a list of voters or other information from the list, 
118.4   the individual shall provide identification to the public 
118.5   official having custody of the public information list and shall 
118.6   state in writing that any information obtained from the list 
118.7   will not be used for purposes unrelated to elections, political 
118.8   activities, or law enforcement.  Requests to examine or obtain 
118.9   information from the public information lists or the statewide 
118.10  registration system must be made and processed in the manner 
118.11  provided in the rules of the secretary of state. 
118.12     (d) Upon receipt of a written request and a copy of the 
118.13  court order, the secretary of state may withhold from the public 
118.14  information list the name of any registered voter placed under 
118.15  court-ordered protection. 
118.16     (e) The inspection and copying of a roster signed by voters 
118.17  at a precinct on election day must be conducted in the same 
118.18  manner as the inspection and copying of a public information 
118.19  list under this section. 
118.20     <h>[EFFECTIVE DATE.]</h> This section is effective April 1, 2002. 
118.21     Sec. 13.  Minnesota Statutes 2000, section 201.155, is 
118.22  amended to read: 
118.23     201.155 [REPORT ON FELONY CONVICTIONS.] 
118.24     The state court administrator shall report at least monthly 
118.25  to the secretary of state the name, address, final four digits 
118.26  of the voter's social security number (or the statement "NONE" 
118.27  if the voter has no social security number), date of birth, date 
118.28  of sentence, effective date of the sentence, and county in which 
118.29  the conviction occurred of each person who has been convicted of 
118.30  a felony.  The state court administrator shall also report the 
118.31  name, address, final four digits of the voter's social security 
118.32  number (or the statement "NONE" if the voter has no social 
118.33  security number), and date of birth of each person previously 
118.34  convicted of a felony whose civil rights have been restored.  
118.35  The secretary of state shall determine if any of the persons in 
118.36  the report is registered to vote and shall prepare forward a 
119.1   list of those registrants for individuals to each county 
119.2   auditor.  The county auditor shall determine if any person 
119.3   identified in the report as a resident of the county is 
119.4   registered to vote in the county and change the status of those 
119.5   registrants each such registrant in the appropriate manner in 
119.6   the statewide registration system. 
119.7      Sec. 14.  [201.163] [DUTIES OF LOCAL JURISDICTIONS.] 
119.8      (a) If a political subdivision conducts an election at 
119.9   which a vacant office is to be filled or a ballot question is to 
119.10  be voted upon by the voters of the political subdivision, the 
119.11  political subdivision shall file a written notice of the 
119.12  election with the county auditor of each county in which the 
119.13  election is to be conducted.  The notice must be filed at least 
119.14  49 days before the date of the election. 
119.15     (b) The county auditor must file a notice with the 
119.16  secretary of state immediately after the notice of the election 
119.17  is filed with the auditor under section 205.16, subdivision 4, 
119.18  or 205A.07, subdivision 3, or notice of the election is filed 
119.19  with the county auditor by any political subdivision other than 
119.20  a municipality or school district.  The notice must set forth 
119.21  the name of the political subdivision, the date of the election, 
119.22  the vacant offices to be filled, or the text of the ballot 
119.23  question as the question will appear on the ballot. 
119.24     <h>[EFFECTIVE DATE.]</h> This section is effective July 1, 2001. 
119.25     Sec. 15.  Minnesota Statutes 2000, section 202A.19, 
119.26  subdivision 1, is amended to read: 
119.27     Subdivision 1.  [LIMITS ON LOCAL GOVERNMENT MEETINGS.] 
119.28  No special taxing district governing body, school board, county 
119.29  board of commissioners, township board, or city council may 
119.30  conduct a meeting after 6:00 p.m. on the day of a major 
119.31  political party precinct caucus.  As used in this subdivision, 
119.32  "special taxing district" has the meaning given in section 
119.33  275.066. 
119.34     Sec. 16.  Minnesota Statutes 2000, section 203B.04, 
119.35  subdivision 1, is amended to read: 
119.36     Subdivision 1.  [APPLICATION PROCEDURES.] Except as 
120.1   otherwise allowed by subdivision 2, an application for absentee 
120.2   ballots for any election may be submitted at any time not less 
120.3   than one day before the day of that election.  The county 
120.4   auditor shall prepare absentee ballot application forms in the 
120.5   format provided in the rules of the secretary of state and shall 
120.6   furnish them to any person on request.  An application submitted 
120.7   pursuant to this subdivision shall be in writing and shall be 
120.8   submitted to:  
120.9      (a) the county auditor of the county where the applicant 
120.10  maintains residence; or 
120.11     (b) the municipal clerk of the municipality, or school 
120.12  district if applicable, where the applicant maintains residence. 
120.13     An application shall be approved if it is timely received, 
120.14  signed and dated by the applicant, contains the applicant's name 
120.15  and residence and mailing addresses, and states that the 
120.16  applicant is eligible to vote by absentee ballot for one of the 
120.17  reasons specified in section 203B.02.  The application may 
120.18  contain a request for the voter's date of birth, which must not 
120.19  be made available for public inspection.  An application may be 
120.20  submitted to the county auditor or municipal clerk by an 
120.21  electronic facsimile device, at the discretion of the auditor or 
120.22  clerk.  An application mailed or returned in person to the 
120.23  county auditor or municipal clerk on behalf of a voter by a 
120.24  person other than the voter must be deposited in the mail or 
120.25  returned in person to the county auditor or municipal clerk 
120.26  within ten days after it has been dated by the voter and no 
120.27  later than six days before the election.  The absentee ballot 
120.28  applications or a list of persons applying for an absentee 
120.29  ballot may not be made available for public inspection until the 
120.30  close of voting on election day.  
120.31     An application under this subdivision may contain an 
120.32  application under subdivision 5 to automatically receive an 
120.33  absentee ballot application. 
120.34     Sec. 17.  Minnesota Statutes 2000, section 203B.04, 
120.35  subdivision 5, is amended to read: 
120.36     Subd. 5.  [PERMANENT ILLNESS OR DISABILITY.] (a) An 
121.1   eligible voter who reasonably expects to be permanently unable 
121.2   to go to the polling place on election day because of illness or 
121.3   disability may apply to a county auditor or municipal clerk 
121.4   under this section to automatically receive an absentee ballot 
121.5   application before each election, other than an election by mail 
121.6   conducted under section 204B.45, and to have the status as a 
121.7   permanent absentee voter indicated on the voter's registration 
121.8   record. 
121.9      (b) The secretary of state shall adopt rules governing 
121.10  procedures under this subdivision. 
121.11     Sec. 18.  Minnesota Statutes 2000, section 203B.06, is 
121.12  amended by adding a subdivision to read: 
121.13     Subd. 3a.  [UNOFFICIAL BALLOTS.] If no official ballots are 
121.14  ready at the time absentee balloting is scheduled to begin or 
121.15  the supply is exhausted before absentee balloting ends, the 
121.16  county auditor or municipal clerk shall prepare unofficial 
121.17  ballots, printed or written as nearly as practicable in the form 
121.18  of the official ballots.  These ballots may be used until the 
121.19  official ballots are available. 
121.20     Sec. 19.  Minnesota Statutes 2000, section 203B.07, 
121.21  subdivision 1, is amended to read: 
121.22     Subdivision 1.  [DELIVERY OF ENVELOPES, DIRECTIONS.] The 
121.23  county auditor or the municipal clerk shall prepare, print, and 
121.24  transmit a return envelope, a ballot envelope, and a copy of the 
121.25  directions for casting an absentee ballot to each applicant 
121.26  whose application for absentee ballots is accepted pursuant to 
121.27  section 203B.04.  The directions for casting an absentee ballot 
121.28  shall be printed in at least 14-point bold type with heavy 
121.29  leading and may be printed on the ballot envelope.  When a 
121.30  person requests the directions in Braille or on cassette tape, 
121.31  the county auditor or municipal clerk shall provide them in the 
121.32  form requested.  The secretary of state shall prepare Braille 
121.33  and cassette copies and make them available.  
121.34     When a voter registration card is sent to the applicant as 
121.35  provided in section 203B.06, subdivision 4, the directions or 
121.36  registration card shall include instructions for registering to 
122.1   vote.  
122.2      Sec. 20.  Minnesota Statutes 2000, section 203B.11, is 
122.3   amended by adding a subdivision to read: 
122.4      Subd. 5.  [STUDY REGARDING VOTER PRIVACY.] The secretary of 
122.5   state shall conduct a study regarding procedures to ensure the 
122.6   privacy of voters in health care facilities while voting.  No 
122.7   later than December 31, 2002, the secretary of state shall file 
122.8   a report with the legislature setting forth the findings and 
122.9   recommendations of the secretary. 
122.10     Sec. 21.  Minnesota Statutes 2000, section 203B.16, 
122.11  subdivision 1, is amended to read: 
122.12     Subdivision 1.  [MILITARY SERVICE; TEMPORARY RESIDENCE 
122.13  OUTSIDE UNITED STATES.] Sections 203B.16 to 203B.27 provide 
122.14  alternative voting procedures for eligible voters who are absent 
122.15  from the precinct where they maintain residence because they are:
122.16     (a) (1) either in the military or the spouses or dependents 
122.17  of individuals serving in the military; or 
122.18     (b) (2) temporarily outside the territorial limits of the 
122.19  United States. 
122.20     Sections 203B.16 to 203B.27 are intended to implement the 
122.21  federal Uniformed and Overseas Citizens Absentee Voting Act, 
122.22  United States Code, title 42, section 1973ff. 
122.23     Sec. 22.  Minnesota Statutes 2000, section 203B.17, 
122.24  subdivision 1, is amended to read: 
122.25     Subdivision 1.  [SUBMISSION OF APPLICATION.] (a) An 
122.26  application for absentee ballots for a voter described in 
122.27  section 203B.16 may be submitted in writing or by electronic 
122.28  facsimile device, or by electronic mail upon determination by 
122.29  the secretary of state that security concerns have been 
122.30  adequately addressed.  An application for absentee ballots for a 
122.31  voter described in section 203B.16 may be submitted by that 
122.32  voter or by that voter's parent, spouse, sister, brother, or 
122.33  child over the age of 18 years.  For purposes of an application 
122.34  under this subdivision, a person's social security number, no 
122.35  matter how it is designated, qualifies as the person's military 
122.36  identification number if the person is in the military. 
123.1      (b) An application for a voter described in section 
123.2   203B.16, subdivision 1, shall be submitted to the county auditor 
123.3   of the county where the voter maintains residence. 
123.4      (c) An application for a voter described in section 
123.5   203B.16, subdivision 2, shall be submitted to the county auditor 
123.6   of the county where the voter last maintained residence in 
123.7   Minnesota. 
123.8      (d) An application for absentee ballots for a primary shall 
123.9   also constitute an application for absentee ballots for the any 
123.10  ensuing general or special election conducted during the same 
123.11  calendar year in which the application is received. 
123.12     (e) There shall be no limitation of time for filing and 
123.13  receiving applications for ballots under sections 203B.16 to 
123.14  203B.27.  
123.15     Sec. 23.  Minnesota Statutes 2000, section 204B.06, 
123.16  subdivision 1, is amended to read: 
123.17     Subdivision 1.  [FORM OF AFFIDAVIT.] (a) An affidavit of 
123.18  candidacy shall state the name of the office sought and shall 
123.19  state that the candidate:  
123.20     (a) (1) is an eligible voter; 
123.21     (b) (2) has no other affidavit on file as a candidate for 
123.22  any office at the same primary or next ensuing general election, 
123.23  except that a candidate for soil and water conservation district 
123.24  supervisor in a district not located in whole or in part in 
123.25  Anoka, Hennepin, Ramsey, or Washington county, may also have on 
123.26  file an affidavit of candidacy for mayor or council member of a 
123.27  statutory or home rule charter city of not more than 2,500 
123.28  population contained in whole or in part in the soil and water 
123.29  conservation district or for town supervisor in a town of not 
123.30  more than 2,500 population contained in whole or in part in the 
123.31  soil and water conservation district; and 
123.32     (c) (3) is, or will be on assuming the office, 21 years of 
123.33  age or more, and will have maintained residence in the district 
123.34  from which the candidate seeks election for 30 days before the 
123.35  general election. 
123.36     An affidavit of candidacy must include a statement that the 
124.1   candidate's name as written on the affidavit for ballot 
124.2   designation is the candidate's true name or the name by which 
124.3   the candidate is commonly and generally known in the community. 
124.4      An affidavit of candidacy for partisan office shall also 
124.5   state the name of the candidate's political party or political 
124.6   principle, stated in three words or less.  
124.7      (b) This subdivision does not apply to a candidate for 
124.8   president or vice-president of the United States. 
124.9      Sec. 24.  Minnesota Statutes 2000, section 204B.07, 
124.10  subdivision 2, is amended to read: 
124.11     Subd. 2.  [PETITIONS FOR PRESIDENTIAL ELECTORS.] On 
124.12  petitions nominating presidential electors, the names of the 
124.13  candidates for president and vice-president shall be added to 
124.14  the political party or political principle stated on the 
124.15  petition.  One petition may be filed to nominate a slate of 
124.16  presidential electors equal in number to the number of electors 
124.17  to which the state is entitled.  This subdivision does not apply 
124.18  to candidates for presidential elector nominated by major 
124.19  political parties.  Major party candidates for presidential 
124.20  elector are certified under section 208.03. 
124.21     Sec. 25.  Minnesota Statutes 2000, section 204B.09, 
124.22  subdivision 1, is amended to read: 
124.23     Subdivision 1.  [CANDIDATES IN STATE AND COUNTY GENERAL 
124.24  ELECTIONS.] (a) Except as otherwise provided by this 
124.25  subdivision, affidavits of candidacy and nominating petitions 
124.26  for county, state, and federal offices filled at the state 
124.27  general election shall be filed not more than 70 days nor less 
124.28  than 56 days before the state primary.  The affidavit may be 
124.29  prepared and signed at any time between 60 days before the 
124.30  filing period opens and the last day of the filing period. 
124.31     (b) Notwithstanding other law to the contrary, the 
124.32  affidavit of candidacy must be signed in the presence of a 
124.33  notarial officer or an individual authorized to administer oaths 
124.34  under section 358.10. 
124.35     (c) This provision does not apply to candidates for 
124.36  presidential elector nominated by major political parties.  
125.1   Major party candidates for presidential elector are certified 
125.2   under section 208.03.  Other candidates for presidential 
125.3   electors may file petitions on or before the state primary day.  
125.4   Nominating petitions to fill vacancies in nominations shall be 
125.5   filed as provided in section 204B.13.  No affidavit or petition 
125.6   shall be accepted later than 5:00 p.m. on the last day for 
125.7   filing. 
125.8      (d) Affidavits and petitions for offices to be voted on in 
125.9   only one county shall be filed with the county auditor of that 
125.10  county.  Affidavits and petitions for offices to be voted on in 
125.11  more than one county shall be filed with the secretary of state. 
125.12     Sec. 26.  Minnesota Statutes 2000, section 204B.09, 
125.13  subdivision 3, is amended to read: 
125.14     Subd. 3.  [WRITE-IN CANDIDATES.] (a) A candidate for state 
125.15  or federal office who wants write-in votes for the candidate to 
125.16  be counted must file a written request with the filing office 
125.17  for the office sought no later than the day before the general 
125.18  election.  The filing officer shall provide copies of the form 
125.19  to make the request.  
125.20     (b) A candidate for president of the United States who 
125.21  files a request under this subdivision must include the name of 
125.22  a candidate for vice-president of the United States.  The 
125.23  request must also include the name of at least one candidate for 
125.24  presidential elector.  The total number of names of candidates 
125.25  for presidential elector on the request may not exceed the total 
125.26  number of electoral votes to be cast by Minnesota in the 
125.27  presidential election. 
125.28     (c) A candidate for governor who files a request under this 
125.29  subdivision must include the name of a candidate for lieutenant 
125.30  governor. 
125.31     Sec. 27.  Minnesota Statutes 2000, section 204B.20, is 
125.32  amended to read: 
125.33     204B.20 [ELECTION BOARD; CHAIR HEAD ELECTION JUDGE; 
125.34  DUTIES.] 
125.35     The election judges appointed to serve in an election 
125.36  precinct shall constitute the election board for that precinct.  
126.1   The appointing authority shall designate one of the election 
126.2   judges in each precinct to serve as the chair of the election 
126.3   board head election judge.  The chair head election judge shall 
126.4   assign specific duties to the election judges of that precinct 
126.5   as necessary or convenient to complete forms, obtain signatures, 
126.6   and perform all the other duties required of election judges.  
126.7      Sec. 28.  Minnesota Statutes 2000, section 204B.22, 
126.8   subdivision 1, is amended to read: 
126.9      Subdivision 1.  [MINIMUM NUMBER REQUIRED.] (a) A minimum of 
126.10  three election judges shall be appointed for each precinct.  In 
126.11  a combined polling place under section 204B.14, subdivision 2, 
126.12  at least one judge must be appointed from each municipality in 
126.13  the combined polling place, provided that not less than three 
126.14  judges shall be appointed for each combined polling place.  The 
126.15  appointing authorities may appoint election judges for any 
126.16  precinct in addition to the number required by this subdivision 
126.17  including additional election judges to count ballots after 
126.18  voting has ended. 
126.19     (b) An election judge may serve for all or part of election 
126.20  day, at the discretion of the appointing authority, as long as 
126.21  the minimum number of judges required is always present.  The 
126.22  head election judge designated under section 204B.20 must serve 
126.23  for all of election day and be present in the polling place 
126.24  unless another election judge has been designated by the head 
126.25  election judge to perform the functions of the head election 
126.26  judge during any absence. 
126.27     Sec. 29.  Minnesota Statutes 2000, section 204B.22, 
126.28  subdivision 3, is amended to read: 
126.29     Subd. 3.  [MINIMUM NUMBER REQUIRED IN CERTAIN PRECINCTS.] 
126.30  At each state primary or state general election in precincts 
126.31  using lever voting machines or an electronic voting system with 
126.32  marking devices and in which more than 400 votes were cast at 
126.33  the last similar election, the minimum number of election judges 
126.34  is three plus one judge to demonstrate the use of the voting 
126.35  machine or device. 
126.36     Sec. 30.  Minnesota Statutes 2000, section 204B.23, is 
127.1   amended to read: 
127.2      204B.23 [VACANCIES AMONG ELECTION JUDGES.] 
127.3      A vacancy on an election board occurs when any election 
127.4   judge who is a member of that board:  
127.5      (a) Fails to arrive at the polling place within 30 minutes 
127.6   after the time when the polling place is scheduled to open; 
127.7      (b) Becomes unable to perform the duties of the office 
127.8   after assuming those duties; or 
127.9      (c) For any reason fails or refuses to perform the duties 
127.10  of the office as assigned by the chair of the election board 
127.11  head election judge. 
127.12     When a vacancy occurs, the remaining election judges of the 
127.13  precinct shall elect an individual to fill the vacancy subject 
127.14  to the provisions of section 204B.19.  When possible the 
127.15  election judges shall elect individuals who have been trained as 
127.16  election judges pursuant to section 204B.25.  The oath signed by 
127.17  the new election judge shall indicate that the new election 
127.18  judge was elected to fill a vacancy.  The municipal clerk may 
127.19  assign election judges to fill vacancies as they occur. 
127.20     Sec. 31.  Minnesota Statutes 2000, section 204B.27, is 
127.21  amended by adding a subdivision to read: 
127.22     Subd. 11.  [TRANSLATION OF VOTING INSTRUCTIONS.] The 
127.23  secretary of state may develop voting instructions in languages 
127.24  other than English, to be posted and made available in polling 
127.25  places during elections.  The secretary of state shall determine 
127.26  which languages are so common in Minnesota that there is a need 
127.27  for translated voting instructions. 
127.28     Sec. 32.  Minnesota Statutes 2000, section 204B.28, 
127.29  subdivision 1, is amended to read: 
127.30     Subdivision 1.  [MEETING WITH ELECTION OFFICIALS.] At least 
127.31  12 weeks before each regularly scheduled general election, each 
127.32  county auditor shall conduct a meeting with local election 
127.33  officials to review the procedures for the election.  The county 
127.34  auditor may require the chairs of the election boards head 
127.35  election judges in the county to attend this meeting. 
127.36     Sec. 33.  Minnesota Statutes 2000, section 204B.45, 
128.1   subdivision 2, is amended to read: 
128.2      Subd. 2.  [PROCEDURE.] (a) The deadline established under 
128.3   section 204B.16, subdivision 3, for designating a new or 
128.4   different polling place applies to an election described by this 
128.5   subdivision.  
128.6      (b) Notice of the election and the special mail procedure 
128.7   must be given at least six weeks prior to the election.  No 
128.8   earlier than 20 days or later than 14 days prior to the 
128.9   election, the auditor shall mail ballots by nonforwardable mail 
128.10  to all voters registered in the town or unorganized territory.  
128.11     (c) Eligible voters not registered at the time the ballots 
128.12  are mailed may apply for ballots as provided in chapter 203B.  
128.13     (d) Ballot return envelopes, with return postage provided, 
128.14  must be preaddressed to the auditor or clerk and the voter may 
128.15  return the ballot by mail or in person to the office of the 
128.16  auditor or clerk.  The costs of the mailing shall be paid by the 
128.17  election jurisdiction in which the voter resides.  
128.18     (e) Any ballot received by 8:00 p.m. on the day of the 
128.19  election must be counted.  
128.20     Sec. 34.  Minnesota Statutes 2000, section 204B.46, is 
128.21  amended to read: 
128.22     204B.46 [MAIL ELECTIONS; QUESTIONS.] 
128.23     A county, municipality, or school district submitting 
128.24  questions to the voters at a special election may apply to the 
128.25  county auditor for approval of an election by mail with no 
128.26  polling place other than the office of the auditor or clerk.  No 
128.27  more than two questions may be submitted at a mail election and 
128.28  no offices may be voted on.  The deadline established under 
128.29  section 204B.16, subdivision 3, for designating a new or 
128.30  different polling place applies to an election described by this 
128.31  section.  Notice of the election and the special mail procedure 
128.32  must be given at least six weeks prior to the election.  No 
128.33  earlier than 20 or later than 14 days prior to the election, the 
128.34  auditor or clerk shall mail ballots by nonforwardable mail to 
128.35  all voters registered in the county, municipality, or school 
128.36  district.  Eligible voters not registered at the time the 
129.1   ballots are mailed may apply for ballots pursuant to chapter 
129.2   203B.  
129.3      Sec. 35.  [204B.48] [VOTING EQUIPMENT GRANT ACCOUNT.] 
129.4      A voting equipment grant fund is created to provide grants 
129.5   to political subdivisions for the purchase of ballot tabulation 
129.6   equipment.  Any funds disbursed by the federal government to the 
129.7   state for the improvement of election administration or 
129.8   equipment must be deposited in this account.  The secretary of 
129.9   state may make a grant from the fund to a political subdivision, 
129.10  after certifying to the commissioner of finance that: 
129.11     (1) the grant will be used only for purchase of ballot 
129.12  tabulation equipment, which may include equipment that makes it 
129.13  possible for individuals with disabilities to cast a secret 
129.14  ballot; 
129.15     (2) the political subdivision to receive the grant has 
129.16  insufficient resources available to purchase the equipment; and 
129.17     (3) the recipient of the grant will provide a 
129.18  dollar-for-dollar match, which may not come from state or 
129.19  federal funds. 
129.20     Sec. 36.  Minnesota Statutes 2000, section 204C.03, 
129.21  subdivision 1, is amended to read: 
129.22     Subdivision 1.  [SCHOOL DISTRICTS; COUNTIES; 
129.23  MUNICIPALITIES; SPECIAL TAXING DISTRICTS.] No special taxing 
129.24  district governing body, school board, county board of 
129.25  commissioners, city council, or town board of supervisors shall 
129.26  conduct a meeting between 6:00 p.m. and 8:00 p.m. on the day 
129.27  that an election is held within the boundaries of the special 
129.28  taxing district, school district, county, city, or town.  As 
129.29  used in this subdivision, "special taxing district" has the 
129.30  meaning given in section 275.066. 
129.31     Sec. 37.  Minnesota Statutes 2000, section 204C.04, 
129.32  subdivision 1, is amended to read: 
129.33     Subdivision 1.  [RIGHT TO BE ABSENT.] Every employee and 
129.34  student who is eligible to vote in an election has the right to 
129.35  be absent from work or school for the purpose of voting during 
129.36  the morning of the day of that election, without penalty or 
130.1   deduction from salary or wages because of the absence; or in the 
130.2   case of a student, without the absence being considered 
130.3   truancy.  An employer or other person may not directly or 
130.4   indirectly refuse, abridge, or interfere with this right or any 
130.5   other election right of an employee or student. 
130.6      Sec. 38.  Minnesota Statutes 2000, section 204C.10, is 
130.7   amended to read: 
130.8      204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 
130.9   REGISTRATION.] 
130.10     (a) An individual seeking to vote shall sign a polling 
130.11  place roster which states that the individual is at least 18 
130.12  years of age, a citizen of the United States, has resided in 
130.13  Minnesota for 20 days immediately preceding the election, 
130.14  certifies residence at the address shown, is not under 
130.15  guardianship of the person, has not been found by a court of law 
130.16  to be legally incompetent to vote or convicted of a felony 
130.17  without having civil rights restored, is registered and has not 
130.18  already voted in the election.  
130.19     (b) A judge may shall, before the applicant signs the 
130.20  roster, confirm the applicant's identity by requiring a picture 
130.21  identification card or document issued by the United States or 
130.22  Minnesota or an identification card issued by the tribal 
130.23  government of a tribe recognized by the Bureau of Indian 
130.24  Affairs, Department of the Interior, and may confirm the 
130.25  applicant's name, address, and date of birth.  If an applicant 
130.26  does not have a card or document described by this section, the 
130.27  applicant may sign the roster after executing an affidavit 
130.28  before the judge.  The affidavit must state: 
130.29     (1) the name of the applicant; 
130.30     (2) that the applicant does not have a picture 
130.31  identification card or document issued by the United States or 
130.32  Minnesota or an identification card issued by the tribal 
130.33  government of a tribe recognized by the Bureau of Indian 
130.34  Affairs, Department of the Interior, that contains the name, 
130.35  residence address, signature, date of birth, and picture of the 
130.36  applicant; and 
131.1      (3) that the applicant swears or affirms that the applicant 
131.2   is the same individual whose name is listed on the roster for 
131.3   this precinct. 
131.4      (c) After the applicant signs the roster, the judge shall 
131.5   give the applicant a voter's receipt.  The voter shall deliver 
131.6   the voter's receipt to the judge in charge of ballots as proof 
131.7   of the voter's right to vote, and thereupon the judge shall hand 
131.8   to the voter the ballot.  The voters' receipts must be 
131.9   maintained during the time for notice of filing an election 
131.10  contest. 
131.11     <h>[EFFECTIVE DATE.]</h> This section is effective April 1, 2002. 
131.12     Sec. 39.  Minnesota Statutes 2000, section 204C.35, is 
131.13  amended to read: 
131.14     204C.35 [LEGISLATIVE AND FEDERAL, STATE, AND JUDICIAL 
131.15  RACES.] 
131.16     Subdivision 1.  [AUTOMATIC RECOUNTS.] (a) In a state 
131.17  primary when the difference between the votes cast for the 
131.18  candidates for nomination to a statewide federal office, state 
131.19  constitutional office, statewide judicial office, congressional 
131.20  office, state legislative office, or to a district judicial 
131.21  office is 100 or less, the difference: 
131.22     (1) is less than ten one-half of one percent of the total 
131.23  number of votes counted for that nomination; or 
131.24     (2) is ten votes or less and the total number of votes cast 
131.25  for the nomination is 400 votes or less; 
131.26  and the difference determines the nomination, the canvassing 
131.27  board with responsibility for declaring the results for that 
131.28  office shall recount the vote.  
131.29     (b) In a state general election when the difference between 
131.30  the votes of a candidate who would otherwise be declared elected 
131.31  to a statewide federal office, state constitutional office, 
131.32  statewide judicial office, congressional office, state 
131.33  legislative office, or to a district judicial office and the 
131.34  votes of any other candidate for that office: 
131.35     (1) is 100 or less than one-half of one percent of the 
131.36  total number of votes counted for that office; or 
132.1      (2) is ten votes or less if the total number of votes cast 
132.2   for the office is 400 votes or less, 
132.3   the canvassing board shall recount the votes. 
132.4      (c) A recount shall must not delay any other part of the 
132.5   canvass.  The results of the recount shall must be certified by 
132.6   the canvassing board as soon as possible.  
132.7      (d) Time for notice of a contest for an office which is 
132.8   recounted pursuant to this section shall begin to run upon 
132.9   certification of the results of the recount by the canvassing 
132.10  board.  
132.11     (e) A losing candidate may waive a recount required 
132.12  pursuant to this section by filing a written notice of waiver 
132.13  with the canvassing board. 
132.14     Subd. 2.  [OPTIONAL RECOUNT.] (a) A losing candidate for 
132.15  nomination or election to a statewide federal office, state 
132.16  constitutional office, statewide judicial office, congressional 
132.17  office, state legislative office, or to a district court 
132.18  judicial office may request a recount in a manner provided in 
132.19  this section at the candidate's own expense when the vote 
132.20  difference is greater than the difference required by this 
132.21  section.  The votes shall be recounted as provided in this 
132.22  section if the candidate files a request during the time for 
132.23  filing notice of contest of the primary or election for which a 
132.24  recount is sought.  
132.25     (b) The requesting candidate shall file with the filing 
132.26  officer a bond, cash, or surety in an amount set by the filing 
132.27  officer for the payment of the recount expenses.  The requesting 
132.28  candidate is responsible for the following expenses:  the 
132.29  compensation of the secretary of state, or designees, and any 
132.30  election judge, municipal clerk, county auditor, administrator, 
132.31  or other personnel who participate in the recount; the costs of 
132.32  computer operation, preparation of ballot counting equipment, 
132.33  necessary supplies and travel related to the recount; the 
132.34  compensation of the appropriate canvassing board and costs of 
132.35  preparing for the canvass of recount results; and any attorney 
132.36  fees incurred in connection with the recount by the governing 
133.1   body responsible for the recount. 
133.2      Sec. 40.  Minnesota Statutes 2000, section 204C.36, 
133.3   subdivision 1, is amended to read: 
133.4      Subdivision 1.  [REQUIRED RECOUNTS.] (a) Except as provided 
133.5   in paragraph (b), a losing candidate for nomination or election 
133.6   to a county, municipal, or school district office may request a 
133.7   recount of the votes cast for the nomination or election to that 
133.8   office if the difference between the vote cast for that 
133.9   candidate and for a winning candidate for nomination or election 
133.10  is:  
133.11     (a) Five votes or less when the total vote cast for 
133.12  nomination or election to that office is 100 votes or less; 
133.13     (b) Ten votes or less when the total vote cast for 
133.14  nomination or election to that office is more than 100 but not 
133.15  more than 500 votes; 
133.16     (c) Twenty votes or less when the total vote cast for 
133.17  nomination or election to that office is more than 500 but not 
133.18  more than 2,000 votes; 
133.19     (d) One percent of the votes or less when the total vote 
133.20  cast for nomination or election to that office is more than 
133.21  2,000 but less than 10,000 votes; or 
133.22     (e) One hundred votes or less when the total vote cast for 
133.23  nomination or election to that office is 10,000 votes or 
133.24  more. less than one-half of one percent of the total votes 
133.25  counted for that office.  In case of offices where two or more 
133.26  seats are being filled from among all the candidates for the 
133.27  office, the one-half of one percent difference is between the 
133.28  elected candidate with the fewest votes and the candidate with 
133.29  the most votes from among the candidates who were not elected.  
133.30     (b) A losing candidate for nomination or election to a 
133.31  county, municipal, or school district office may request a 
133.32  recount of the votes cast for nomination or election to that 
133.33  office if the difference between the vote cast for that 
133.34  candidate and for a winning candidate for nomination or election 
133.35  is ten votes or less, and the total number of votes cast for the 
133.36  nomination or election of all candidates is no more than 400.  
134.1   In cases of offices where two or more seats are being filled 
134.2   from among all the candidates for the office, the ten vote 
134.3   difference is between the elected candidate with the fewest 
134.4   votes and the candidate with the most votes from among the 
134.5   candidates who were not elected. 
134.6      (c) Candidates for county offices shall file a written 
134.7   request for the recount with the county auditor.  Candidates for 
134.8   municipal or school district offices shall file a written 
134.9   request with the municipal or school district clerk as 
134.10  appropriate.  All requests shall be filed during the time for 
134.11  notice of contest of the primary or election for which a recount 
134.12  is sought.  
134.13     (d) Upon receipt of a request made pursuant to this 
134.14  section, the county auditor shall recount the votes for a county 
134.15  office at the expense of the county, the governing body of the 
134.16  municipality shall recount the votes for a municipal office at 
134.17  the expense of the municipality, and the school board of the 
134.18  school district shall recount the votes for a school district 
134.19  office at the expense of the school district.  
134.20     Sec. 41.  Minnesota Statutes 2000, section 204C.36, 
134.21  subdivision 3, is amended to read: 
134.22     Subd. 3.  [DISCRETIONARY BALLOT QUESTION RECOUNTS.] A 
134.23  recount may be conducted for a ballot question when the 
134.24  difference between the votes for and the votes against the 
134.25  question is less than or equal to the difference provided in 
134.26  subdivision 1, clauses (a) to (e).  A recount may be requested 
134.27  by any person eligible to vote on the ballot question.  A 
134.28  written request for a recount must be filed with the filing 
134.29  officer of the county, municipality, or school district placing 
134.30  the question on the ballot and must be accompanied by a petition 
134.31  containing the signatures of 25 voters eligible to vote on the 
134.32  question.  If the difference between the votes for and the votes 
134.33  against the question is greater than the difference provided in 
134.34  subdivision 1, clauses (a) to (e), the person requesting the 
134.35  recount shall also file with the filing officer of the county, 
134.36  municipality, or school district a bond, cash, or surety in an 
135.1   amount set by the appropriate governing body for the payment of 
135.2   recount expenses.  The written request, petition, and any bond, 
135.3   cash, or surety required must be filed during the time for 
135.4   notice of contest for the election for which the recount is 
135.5   requested.  
135.6      Sec. 42.  Minnesota Statutes 2000, section 204D.04, 
135.7   subdivision 2, is amended to read: 
135.8      Subd. 2.  [INSTRUCTIONS TO PRINTER; PRINTER'S BOND.] (a) 
135.9   The official charged with the preparation and distribution of 
135.10  the ballots shall prepare instructions to the printer for 
135.11  rotation of the names of candidates and for layout of the ballot.
135.12     (b) Except as provided in paragraph (c), the instructions 
135.13  shall be approved by the legal advisor of the official before 
135.14  delivery to the printer. 
135.15     (c) The legal advisor of a town official is only required 
135.16  to approve instructions regarding the rotation of the names of 
135.17  candidates on the ballot. 
135.18     (d) Before a contract exceeding $1,000 is awarded for 
135.19  printing ballots, the printer shall furnish a sufficient bond, 
135.20  letter of credit, or certified check, acceptable to the official 
135.21  responsible for printing the ballots, conditioned on printing 
135.22  the ballots in conformity with the Minnesota Election Law and 
135.23  the instructions delivered.  The official responsible for 
135.24  printing the ballots shall set the amount of the bond, letter of 
135.25  credit, or certified check in an amount equal to the value of 
135.26  the purchase.  
135.27     Sec. 43.  Minnesota Statutes 2000, section 204D.09, is 
135.28  amended to read: 
135.29     204D.09 [EXAMPLE BALLOTS; SAMPLE PRIMARY BALLOTS.] 
135.30     Subdivision 1.  (a) No later than June 1 of each year, the 
135.31  secretary of state shall supply each auditor with a copy of an 
135.32  example ballot.  The example ballot must illustrate the format 
135.33  required for the ballots used in the primary and general 
135.34  elections that year. 
135.35     (b) The county auditor shall distribute copies of the 
135.36  example ballot to municipal and school district clerks in 
136.1   municipalities and school districts holding elections that 
136.2   year.  The official ballot must conform in all respects to the 
136.3   example ballot. 
136.4      Subd. 2.  At least two weeks before the state primary the 
136.5   county auditor shall prepare a sample state partisan primary 
136.6   ballot and a sample state and county nonpartisan primary ballot 
136.7   for public inspection.  The names of all of the candidates to be 
136.8   voted for in the county shall be placed on the sample ballots, 
136.9   with the names of the candidates for each office arranged 
136.10  alphabetically according to the surname.  Only one sample state 
136.11  partisan primary ballot and one sample state and county 
136.12  nonpartisan ballot shall be prepared for any county.  The county 
136.13  auditor shall post the sample ballots in a conspicuous place in 
136.14  the auditor's office and shall cause them to be published at 
136.15  least one week before the state primary in at least one 
136.16  newspaper of general circulation in the county. 
136.17     Sec. 44.  Minnesota Statutes 2000, section 204D.11, 
136.18  subdivision 4, is amended to read: 
136.19     Subd. 4.  [SPECIAL FEDERAL WHITE BALLOT.] (a) The names of 
136.20  all candidates for the offices of president and vice-president 
136.21  of the United States and senator and representative in Congress 
136.22  shall be placed on a ballot printed on white paper which shall 
136.23  be known as the "special federal white ballot." 
136.24     (b) This ballot shall be prepared by the county auditor in 
136.25  the same manner as the white ballot and shall be subject to the 
136.26  rules adopted by the secretary of state pursuant to subdivision 
136.27  1.  This ballot must be prepared and furnished in accordance 
136.28  with the federal Uniformed and Overseas Citizens Absentee Voting 
136.29  Act, United States Code, title 42, section 1973ff. 
136.30     (c) The special federal white ballot shall be the only 
136.31  ballot sent to citizens of the United States who are eligible to 
136.32  vote by absentee ballot for federal candidates in Minnesota. 
136.33     Sec. 45.  Minnesota Statutes 2000, section 204D.24, 
136.34  subdivision 2, is amended to read: 
136.35     Subd. 2.  [VOTER REGISTRATION.] An individual may register 
136.36  to vote at a special primary or special election at any time 
137.1   before the day that the polling place rosters for the special 
137.2   primary or special election are prepared by the secretary of 
137.3   state.  The secretary of state shall provide the county auditors 
137.4   with notice of this date at least seven days before the printing 
137.5   of the rosters.  This subdivision does not apply to a special 
137.6   election held on the same day as the presidential primary, state 
137.7   primary, state general election, or the regularly scheduled 
137.8   primary or general election of a municipality, school district, 
137.9   or special district.  
137.10     Sec. 46.  Minnesota Statutes 2000, section 205.02, 
137.11  subdivision 1, is amended to read: 
137.12     Subdivision 1.  [MINNESOTA ELECTION LAW.] Except as 
137.13  provided in this chapter or otherwise expressly provided by law, 
137.14  the provisions of the Minnesota Election Law apply to municipal 
137.15  elections, so far as practicable. 
137.16     Sec. 47.  Minnesota Statutes 2000, section 205.13, 
137.17  subdivision 1a, is amended to read: 
137.18     Subd. 1a.  [FILING PERIOD.] An affidavit of candidacy for a 
137.19  town office to be elected in March must be filed not more than 
137.20  eight weeks nor less than six weeks before the town election.  
137.21  In municipalities nominating candidates at a municipal primary, 
137.22  an affidavit of candidacy for a city office or town office voted 
137.23  on in November must be filed not more than 70 days nor less than 
137.24  56 days before the first Tuesday after the second Monday in 
137.25  September preceding the municipal general election.  In all 
137.26  other municipalities, an affidavit of candidacy must be filed 
137.27  not more than 70 days and not less than 56 days before the 
137.28  municipal general election. 
137.29     Sec. 48.  Minnesota Statutes 2000, section 205.17, is 
137.30  amended by adding a subdivision to read: 
137.31     Subd. 7.  [EXAMPLE BALLOT.] No later than 30 days before 
137.32  absentee ballots must be prepared and delivered under section 
137.33  204B.35 for use in a town general election conducted in March, 
137.34  the secretary of state shall supply each town clerk in a town 
137.35  conducting a March general election with a copy of an example 
137.36  ballot.  The example ballot must illustrate the format required 
138.1   for the ballots used in the general election that year. 
138.2      Sec. 49.  Minnesota Statutes 2000, section 205.185, 
138.3   subdivision 2, is amended to read: 
138.4      Subd. 2.  [ELECTION, CONDUCT.] A municipal election shall 
138.5   be by secret ballot and shall be held and the returns made in 
138.6   the manner provided for the state general election, so far as 
138.7   practicable except as otherwise expressly provided by law. 
138.8      Sec. 50.  Minnesota Statutes 2000, section 205.185, 
138.9   subdivision 3, is amended to read: 
138.10     Subd. 3.  [CANVASS OF RETURNS, CERTIFICATE OF ELECTION, 
138.11  BALLOTS, DISPOSITION.] (a) Within seven days after an election, 
138.12  the governing body of a city conducting any election or the 
138.13  governing body of a town conducting the general election in 
138.14  November shall canvass the returns and declare the results of 
138.15  the election.  The governing body of a town conducting the 
138.16  general election in March shall canvass the returns and declare 
138.17  the results of the election within two days after an election.  
138.18     (b) After the time for contesting elections has passed, the 
138.19  municipal clerk shall issue a certificate of election to each 
138.20  successful candidate.  In case of a contest, the certificate 
138.21  shall not be issued until the outcome of the contest has been 
138.22  determined by the proper court.  
138.23     (c) In case of a tie vote, the governing body shall 
138.24  determine the result by lot. The clerk shall certify the results 
138.25  of the election to the county auditor, and the clerk shall be 
138.26  the final custodian of the ballots and the returns of the 
138.27  election. 
138.28     Sec. 51.  Minnesota Statutes 2000, section 205A.02, is 
138.29  amended to read: 
138.30     205A.02 [ELECTION LAW APPLICABLE.] 
138.31     Except as provided in this chapter or otherwise expressly 
138.32  provided by law, the Minnesota Election Law applies to school 
138.33  district elections, as far as practicable.  Elections in common 
138.34  school districts shall be governed by section 123B.94. 
138.35     Sec. 52.  Minnesota Statutes 2000, section 205A.11, 
138.36  subdivision 2, is amended to read: 
139.1      Subd. 2.  [COMBINED POLLING PLACE.] When no other election 
139.2   is being held in two or more precincts on the day of a school 
139.3   district election, the school board may designate one or more 
139.4   combined polling places at which the voters in those precincts 
139.5   may vote in the school district election.  The deadline 
139.6   established under section 204B.16, subdivision 3, for 
139.7   designating a new or different polling place applies to an 
139.8   election described by this subdivision. 
139.9      Sec. 53.  Minnesota Statutes 2000, section 206.81, is 
139.10  amended to read: 
139.11     206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 
139.12     (a) The secretary of state may license an electronic voting 
139.13  system for experimental use at an election prior to its approval 
139.14  for general use. 
139.15     (b) The secretary of state must license a touch-sensitive 
139.16  direct recording electronic voting system for experimental use 
139.17  at an election before its approval for general use, and may 
139.18  impose restrictions on its use.  A voting system used under this 
139.19  paragraph must permit a blind or visually impaired voter to cast 
139.20  a ballot independently and privately. 
139.21     (c) Experimental use must be observed by the secretary of 
139.22  state or the secretary's designee and the results observed must 
139.23  be considered at any subsequent proceedings for approval for 
139.24  general use. 
139.25     (d) The secretary of state may adopt rules consistent with 
139.26  sections 206.55 to 206.90 relating to experimental use.  The 
139.27  extent of experimental use must be determined by the secretary 
139.28  of state. 
139.29     Sec. 54.  [206.91] [VOTING EQUIPMENT DECENNIAL REPORT.] 
139.30     By December 31 in each year ending in one, the secretary of 
139.31  state shall file a report with the legislature regarding the 
139.32  voting equipment used in Minnesota.  This report must: 
139.33     (1) identify the voting equipment used in each precinct, as 
139.34  reported to the secretary of state by each county auditor; and 
139.35     (2) include any recommendations from the secretary 
139.36  regarding improvements in voting system technology that may 
140.1   require the modification or replacement of voting systems 
140.2   currently used in Minnesota. 
140.3      <h>[EFFECTIVE DATE.]</h> This section is effective January 1, 2002.
140.4      Sec. 55.  Minnesota Statutes 2000, section 208.06, is 
140.5   amended to read: 
140.6      208.06 [ELECTORS TO MEET AT CAPITOL; FILLING OF VACANCIES.] 
140.7      The presidential electors, before 12:00 M. at 9:00 a.m. on 
140.8   the day before that fixed by Congress for the electors to vote 
140.9   for president and vice-president of the United States, 
140.10  shall assemble in the location designated under section 208.08 
140.11  and notify the governor that they are at the state capitol and 
140.12  ready at the proper time to fulfill their duties as electors.  
140.13  The governor shall deliver to the electors present a certificate 
140.14  of the names of all the electors.  If any elector named therein 
140.15  fails to appear before by 9:00 a.m. on the day, and at the 
140.16  place, fixed for voting for president and vice-president of the 
140.17  United States, the electors present shall, in the presence of 
140.18  the governor, immediately elect by ballot a person to fill the 
140.19  vacancy.  If more than the number of persons required have the 
140.20  highest and an equal number of votes when the electors cast 
140.21  ballots to fill any vacancy, the governor, in the presence of 
140.22  the electors attending, shall decide by lot which of those 
140.23  persons shall be elected as a substituted presidential elector. 
140.24     Sec. 56.  Minnesota Statutes 2000, section 208.08, is 
140.25  amended to read: 
140.26     208.08 [ELECTORS TO MEET AT STATE CAPITOL.] 
140.27     (a) At least seven days before the date the presidential 
140.28  electors are required to assemble, the secretary of state shall 
140.29  designate the location within the state capitol where the 
140.30  assembly will be conducted and notify the governor and electors 
140.31  of this location. 
140.32     (b) The original and substituted presidential electors, at 
140.33  12:00 M., shall meet in the executive chamber at the state 
140.34  capitol and shall, immediately after filling any vacancy among 
140.35  the electors in accordance with section 208.06, perform all the 
140.36  duties imposed upon them as electors by the constitution and 
141.1   laws of the United States and this state.  The secretary of 
141.2   state, or an individual designated by the secretary of state, 
141.3   shall preside at this assembly.  
141.4      (c) The electors shall vote by secret ballot.  
141.5      (d) The secretary of state shall transmit all 
141.6   certifications by the electors to the individuals required to 
141.7   receive the certifications under the constitution and laws of 
141.8   the United States. 
141.9      Sec. 57.  Minnesota Statutes 2000, section 209.065, is 
141.10  amended to read: 
141.11     209.065 [PLEADINGS; PROCEDURE.] 
141.12     The notice of contest and any answer are the pleadings in 
141.13  the case and may be amended in the discretion of the court.  The 
141.14  contest proceedings must be brought on for trial by either the 
141.15  contestant or contestee as soon as practicable within 20 days 
141.16  after the filing of the notice of contest.  The court shall 
141.17  proceed to the extent possible in the manner provided in the 
141.18  rules for recounts adopted by the secretary of state under 
141.19  section 204C.361.  If a court finds that proceeding in 
141.20  accordance with all or part of the rules for recounts is not 
141.21  possible, the court shall proceed in the manner provided for the 
141.22  trial of civil actions so far as practicable. 
141.23     Sec. 58.  Minnesota Statutes 2000, section 211A.02, 
141.24  subdivision 1, is amended to read: 
141.25     Subdivision 1.  [WHEN AND WHERE FILED BY COMMITTEES.] (a) A 
141.26  committee or a candidate who receives contributions or makes 
141.27  disbursements of more than $750 in a calendar year shall submit 
141.28  an initial report to the filing officer within 14 days after the 
141.29  candidate or committee receives or makes disbursements of more 
141.30  than $750 and shall continue to make the reports listed 
141.31  in paragraph paragraphs (b) and (c) until a final report is 
141.32  filed.  
141.33     (b) The committee or candidate must file a report by 
141.34  January 31 of each year following the year when the initial 
141.35  report was filed and. 
141.36     (c) In a year when the candidate's name or a ballot 
142.1   question appears on the ballot, the candidate or committee shall 
142.2   file a report: 
142.3      (1) ten days before the primary or special primary; 
142.4      (2) ten days before the general election or special 
142.5   election; and 
142.6      (3) 30 days after a general or special election. 
142.7      Sec. 59.  Minnesota Statutes 2000, section 211A.02, 
142.8   subdivision 4, is amended to read: 
142.9      Subd. 4.  [CONGRESSIONAL CANDIDATES.] Candidates for 
142.10  election to the United States House of Representatives or Senate 
142.11  and any political committees raising money and making 
142.12  disbursements exclusively on behalf of any one of those 
142.13  candidates may file copies of their financial disclosures 
142.14  required by federal law in lieu of the financial statement 
142.15  required by this section.  A candidate or committee whose report 
142.16  is published on the Federal Election Commission Web site has 
142.17  complied with the filing requirements of this section. 
142.18     Sec. 60.  Minnesota Statutes 2000, section 211B.16, 
142.19  subdivision 1, is amended to read: 
142.20     Subdivision 1.  [COUNTY ATTORNEY INQUIRY.] A county 
142.21  attorney who is notified of an alleged violation of this chapter 
142.22  shall promptly investigate and within 14 days shall determine 
142.23  whether there is probable cause to institute a prosecution.  If 
142.24  the county attorney is unable to make this determination within 
142.25  14 days, the county attorney shall notify the individual who 
142.26  reported the alleged violation when a probable cause 
142.27  determination will be made.  If there is probable cause for 
142.28  instituting a prosecution, the county attorney shall proceed by 
142.29  complaint or present the charge, with whatever evidence has been 
142.30  found, to the grand jury.  A county attorney who refuses or 
142.31  intentionally fails to faithfully perform this or any other duty 
142.32  imposed by this chapter is guilty of a misdemeanor and upon 
142.33  conviction forfeits the office.  The county attorney, under the 
142.34  penalty of forfeiture of office, shall prosecute all violations 
142.35  of this chapter except violations of this section.  If, however, 
142.36  a complainant withdraws an allegation under this chapter, the 
143.1   county attorney is not required to proceed with prosecution. 
143.2      Sec. 61.  Minnesota Statutes 2000, section 358.10, is 
143.3   amended to read: 
143.4      358.10 [OFFICIALS MAY ADMINISTER, WHEN.] 
143.5      (a) All persons holding office under any law of this state, 
143.6   or under the charter or ordinances of any municipal corporation 
143.7   thereof, including judges and clerks of election, and all 
143.8   committee members, commissioners, trustees, referees, 
143.9   appraisers, assessors, and all others authorized or required by 
143.10  law to act or report upon any matter of fact, shall have the 
143.11  power to administer such oaths as they may deem necessary to the 
143.12  proper discharge of their respective duties.  
143.13     (b) Any employee of the secretary of state designated by 
143.14  the secretary of state has the power to administer oaths to an 
143.15  individual who wishes to file with the secretary of state an 
143.16  affidavit of candidacy, nominating petition, declaration of 
143.17  intent to be a write-in candidate, or any other document 
143.18  relating to the conduct of elections. 
143.19     Sec. 62.  Minnesota Statutes 2000, section 367.03, 
143.20  subdivision 6, is amended to read: 
143.21     Subd. 6.  [VACANCIES.] (a) When a vacancy occurs in a town 
143.22  office, the town board shall fill the vacancy by appointment.  
143.23  Except as provided in paragraph (b), the person appointed shall 
143.24  hold office until the next annual town election, when a 
143.25  successor shall be elected for the unexpired term.  
143.26     (b) When a vacancy occurs in a town office: 
143.27     (1) with more than one year remaining in the term; and 
143.28     (2) on or after the 14th day before the first day to file 
143.29  an affidavit of candidacy for the town election; 
143.30  the vacancy must be filled by appointment.  The person appointed 
143.31  serves until the next annual town election following the 
143.32  election for which affidavits of candidacy are to be filed, when 
143.33  a successor shall be elected for the unexpired term. 
143.34     (c) A vacancy in the office of supervisor shall must be 
143.35  filled by an appointment committee comprised of the remaining 
143.36  supervisors and the town clerk until the next annual town 
144.1   election, when a successor shall be elected for the unexpired 
144.2   term.  
144.3      (d) Any person appointed to fill the vacancy in the office 
144.4   of supervisor must, upon assuming the office, be an eligible 
144.5   voter, be 21 years of age, and have resided in the town for at 
144.6   least 30 days.  
144.7      (e) When, because of a vacancy, more than one supervisor is 
144.8   to be chosen at the same election, candidates for the offices of 
144.9   supervisor shall file for one of the specific terms being filled.
144.10     (f) Law enforcement vacancies shall must be filled by 
144.11  appointment by the town board. 
144.12     Sec. 63.  [REPEALER.] 
144.13     (a) Minnesota Statutes 2000, sections 204B.06, subdivision 
144.14  1a, and 204C.15, subdivision 2a, are repealed. 
144.15     (b) Minnesota Rules, part 8250.1400, is repealed. 
144.16                             ARTICLE 4
144.17                 VARIOUS ADMINISTRATIVE PROVISIONS
144.18     Section 1.  Minnesota Statutes 2000, section 3A.03, 
144.19  subdivision 2, is amended to read: 
144.20     Subd. 2.  [REFUND.] (1) (a) Any person former member who 
144.21  has made contributions pursuant to under subdivision 1 and who 
144.22  is no longer a member of the legislature is entitled to receive, 
144.23  upon application to the director, a refund of all contributions 
144.24  credited to the member's account with interest at an annual rate 
144.25  of six percent compounded annually.  
144.26     (2) (b) The refund of contributions as provided in clause 
144.27  (1) terminates all rights of a former member of the legislature 
144.28  or the survivors of the former member under this 
144.29  chapter.  Should If the former member of the legislature 
144.30  again be becomes a member of the legislature after having taken 
144.31  a refund as provided above in paragraph (a), the member shall 
144.32  must be considered a new member.  However, a new member may 
144.33  reinstate the rights and credit for service forfeited, 
144.34  provided if the new member repays all refunds taken plus 
144.35  interest at an annual rate of 8.5 percent compounded annually.  
144.36     (3) (c) No person shall may be required to apply for or 
145.1   to accept a refund. 
145.2      Sec. 2.  Minnesota Statutes 2000, section 11A.18, 
145.3   subdivision 7, is amended to read: 
145.4      Subd. 7.  [PARTICIPATION AND FINANCIAL REPORTING IN FUND.] 
145.5   (a) Each participating public retirement fund or plan which has 
145.6   transferred money to the state board for investment in the 
145.7   postretirement investment fund shall have an undivided 
145.8   participation in the fund.  The participation on any valuation 
145.9   date shall must be determined by adding to the participation on 
145.10  the prior valuation date:  (a) (1) funds transferred in 
145.11  accordance with subdivision 6, (b); (2) the amount of required 
145.12  investment income on its participation as defined in subdivision 
145.13  9, clause (1)(c) paragraph (c), clause (1); and (c) (3) the 
145.14  reserves for any benefit adjustment made as of the current 
145.15  valuation date with the result adjusted for any mortality gains 
145.16  or losses determined pursuant to under subdivision 11.  
145.17     (b) The total fair market value of the postretirement fund 
145.18  as of June 30 must be calculated in accordance with generally 
145.19  accepted accounting principles.  The fair market value share of 
145.20  each fund participating in the postretirement investment fund 
145.21  must be allocated by adding to the fair market value at the 
145.22  beginning of the fiscal year:  (1) 100 percent of the funds 
145.23  transferred in accordance with subdivision 6; and (2) a pro rata 
145.24  distribution of unrealized gains or losses, based on a weighted 
145.25  percentage of participation at the end of each month of the 
145.26  fiscal year. 
145.27     Sec. 3.  [13.632] [TEACHERS RETIREMENT FUND ASSOCIATION 
145.28  DATA; CERTAIN CITIES.] 
145.29     Subdivision 1.  [BENEFICIARY AND SURVIVOR DATA.] The 
145.30  following data on beneficiaries and survivors of the Minneapolis 
145.31  teachers retirement fund association, the St. Paul teachers 
145.32  retirement fund association, and the Duluth teachers retirement 
145.33  fund association members are private data on individuals:  home 
145.34  address, date of birth, direct deposit number, and tax 
145.35  withholding data. 
145.36     Subd. 2.  [LIMITS ON DISCLOSURE.] Required disclosure of 
146.1   data about members, survivors, and beneficiaries is limited to 
146.2   name, gross annuity or benefit amount, and type of annuity or 
146.3   benefit awarded. 
146.4      Sec. 4.  Minnesota Statutes 2000, section 352.01, 
146.5   subdivision 2a, is amended to read: 
146.6      Subd. 2a.  [INCLUDED EMPLOYEES.] (a) "State employee" 
146.7   includes: 
146.8      (1) employees of the Minnesota historical society; 
146.9      (2) employees of the state horticultural society; 
146.10     (3) employees of the Disabled American Veterans, Department 
146.11  of Minnesota, Veterans of Foreign Wars, Department of Minnesota, 
146.12  if employed before July 1, 1963; 
146.13     (4) employees of the Minnesota crop improvement 
146.14  association; 
146.15     (5) employees of the adjutant general who are paid from 
146.16  federal funds and who are not covered by any federal civilian 
146.17  employees retirement system; 
146.18     (6) employees of the Minnesota state colleges and 
146.19  universities employed under the university or college activities 
146.20  program; 
146.21     (7) currently contributing employees covered by the system 
146.22  who are temporarily employed by the legislature during a 
146.23  legislative session or any currently contributing employee 
146.24  employed for any special service as defined in subdivision 2b, 
146.25  clause (8); 
146.26     (8) employees of the armory building commission; 
146.27     (9) employees of the legislature appointed without a limit 
146.28  on the duration of their employment and persons employed or 
146.29  designated by the legislature or by a legislative committee or 
146.30  commission or other competent authority to conduct a special 
146.31  inquiry, investigation, examination, or installation; 
146.32     (10) trainees who are employed on a full-time established 
146.33  training program performing the duties of the classified 
146.34  position for which they will be eligible to receive immediate 
146.35  appointment at the completion of the training period; 
146.36     (11) employees of the Minnesota safety council; 
147.1      (12) any employees on authorized leave of absence from the 
147.2   transit operating division of the former metropolitan transit 
147.3   commission who are employed by the labor organization which is 
147.4   the exclusive bargaining agent representing employees of the 
147.5   transit operating division; 
147.6      (13) employees of the metropolitan council, metropolitan 
147.7   parks and open space commission, metropolitan sports facilities 
147.8   commission, metropolitan mosquito control commission, or 
147.9   metropolitan radio board unless excluded or covered by another 
147.10  public pension fund or plan under section 473.415, subdivision 
147.11  3; 
147.12     (14) judges of the tax court; 
147.13     (15) personnel employed on June 30, 1992, by the University 
147.14  of Minnesota in the management, operation, or maintenance of its 
147.15  heating plant facilities, whose employment transfers to an 
147.16  employer assuming operation of the heating plant facilities, so 
147.17  long as the person is employed at the University of Minnesota 
147.18  heating plant by that employer or by its successor organization; 
147.19  and 
147.20     (16) seasonal help in the classified service employed by 
147.21  the department of revenue; and 
147.22     (17) a person who renders teaching or other service for the 
147.23  Minnesota state colleges and universities system and who also 
147.24  renders service on a part-time basis for an employer with 
147.25  employees covered by the general state employees retirement plan 
147.26  of the Minnesota state retirement system, for all service with 
147.27  the Minnesota state colleges and universities system, if the 
147.28  person's nonteaching service comprises at least 50 percent of 
147.29  the combined total salary received by the person as determined 
147.30  by the chancellor of the Minnesota state colleges and 
147.31  universities system or if the person is certified for general 
147.32  state employees retirement plan coverage by the chancellor of 
147.33  the Minnesota state colleges and universities system. 
147.34     (b) Employees specified in paragraph (a), clause (15), are 
147.35  included employees under paragraph (a) if employer and employee 
147.36  contributions are made in a timely manner in the amounts 
148.1   required by section 352.04.  Employee contributions must be 
148.2   deducted from salary.  Employer contributions are the sole 
148.3   obligation of the employer assuming operation of the University 
148.4   of Minnesota heating plant facilities or any successor 
148.5   organizations to that employer. 
148.6      Sec. 5.  Minnesota Statutes 2000, section 352.01, 
148.7   subdivision 2b, is amended to read: 
148.8      Subd. 2b.  [EXCLUDED EMPLOYEES.] "State employee" does not 
148.9   include: 
148.10     (1) elective state officers; 
148.11     (2) students employed by the University of Minnesota, or 
148.12  the state colleges and universities, and community colleges 
148.13  unless approved for coverage by the board of regents or the 
148.14  board of trustees of the Minnesota state colleges and 
148.15  universities, as the case may be; 
148.16     (3) (2) employees who are eligible for membership in the 
148.17  state teachers retirement association, except employees of the 
148.18  department of children, families, and learning who have chosen 
148.19  or may choose to be covered by the general state employees 
148.20  retirement plan of the Minnesota state retirement system instead 
148.21  of the teachers retirement association; 
148.22     (4) (3) employees of the University of Minnesota who are 
148.23  excluded from coverage by action of the board of regents; 
148.24     (5) (4) officers and enlisted personnel in the national 
148.25  guard and the naval militia who are assigned to permanent 
148.26  peacetime duty and who under federal law are or are required to 
148.27  be members of a federal retirement system; 
148.28     (6) (5) election officers; 
148.29     (7) (6) persons who are engaged in public work for the 
148.30  state but who are employed by contractors when the performance 
148.31  of the contract is authorized by the legislature or other 
148.32  competent authority; 
148.33     (8) (7) officers and employees of the senate and, or of the 
148.34  house of representatives, or of a legislative committee or 
148.35  commission who are temporarily employed; 
148.36     (9) (8) receivers, jurors, notaries public, and court 
149.1   employees who are not in the judicial branch as defined in 
149.2   section 43A.02, subdivision 25, except referees and adjusters 
149.3   employed by the department of labor and industry; 
149.4      (10) (9) patient and inmate help in state charitable, 
149.5   penal, and correctional institutions including the Minnesota 
149.6   veterans home; 
149.7      (11) (10) persons who are employed for professional 
149.8   services where the service is incidental to their regular 
149.9   professional duties and whose compensation is paid on a per diem 
149.10  basis; 
149.11     (12) (11) employees of the Sibley House Association; 
149.12     (13) (12) the members of any state board or commission who 
149.13  serve the state intermittently and are paid on a per diem basis; 
149.14  the secretary, secretary-treasurer, and treasurer of those 
149.15  boards if their compensation is $5,000 or less per year, or, if 
149.16  they are legally prohibited from serving more than three years; 
149.17  and the board of managers of the state agricultural society and 
149.18  its treasurer unless the treasurer is also its full-time 
149.19  secretary; 
149.20     (14) (13) state troopers; 
149.21     (15) (14) temporary employees of the Minnesota state fair 
149.22  who are employed on or after July 1 for a period not to extend 
149.23  beyond October 15 of that year; and persons who are employed at 
149.24  any time by the state fair administration for special events 
149.25  held on the fairgrounds; 
149.26     (16) (15) emergency employees who are in the classified 
149.27  service; except that if an emergency employee, within the same 
149.28  pay period, becomes a provisional or probationary employee on 
149.29  other than a temporary basis, the employee shall be considered a 
149.30  "state employee" retroactively to the beginning of the pay 
149.31  period; 
149.32     (17) (16) persons who are described in section 352B.01, 
149.33  subdivision 2, clauses (2) to (5); 
149.34     (18) (17) temporary employees in the classified service, 
149.35  and temporary employees in the unclassified service who are 
149.36  appointed for a definite period of not more than six months 
150.1   and who are employed less than six months in any one-year 
150.2   period; 
150.3      (19) (18) trainee employees, except those listed in 
150.4   subdivision 2a, clause (10); 
150.5      (20) (19) persons whose compensation is paid on a fee 
150.6   basis; 
150.7      (21) (20) state employees who are employed by the board of 
150.8   trustees of the Minnesota state colleges and universities in 
150.9   unclassified positions enumerated in section 43A.08, subdivision 
150.10  1, clause (9); 
150.11     (21) state employees who in any year have credit for 12 
150.12  months service as teachers in the public schools of the state 
150.13  and as teachers are members of the teachers retirement 
150.14  association or a retirement system in St. Paul, Minneapolis, or 
150.15  Duluth; 
150.16     (22) employees of the adjutant general who are employed on 
150.17  an unlimited intermittent or temporary basis in the 
150.18  classified and or unclassified service for the support of army 
150.19  and air national guard training facilities; 
150.20     (23) chaplains and nuns who are excluded from coverage 
150.21  under the federal Old Age, Survivors, Disability, and Health 
150.22  Insurance Program for the performance of service as specified in 
150.23  United States Code, title 42, section 410(a)(8)(A), as amended, 
150.24  if no irrevocable election of coverage has been made under 
150.25  section 3121(r) of the Internal Revenue Code of 1986, as amended 
150.26  through December 31, 1992; 
150.27     (24) examination monitors who are employed by departments, 
150.28  agencies, commissions, and boards to conduct examinations 
150.29  required by law; 
150.30     (25) persons who are appointed to serve as members of 
150.31  fact-finding commissions or adjustment panels, arbitrators, or 
150.32  labor referees under chapter 179; 
150.33     (26) temporary employees who are employed for limited 
150.34  periods under any state or federal program for training or 
150.35  rehabilitation, including persons who are employed for limited 
150.36  periods from areas of economic distress except, but not 
151.1   including skilled and supervisory personnel and persons having 
151.2   civil service status covered by the system; 
151.3      (27) full-time students who are employed by the Minnesota 
151.4   historical society intermittently during part of the year and 
151.5   full-time during the summer months; 
151.6      (28) temporary employees, who are appointed for not more 
151.7   than six months, of the metropolitan council and of any of its 
151.8   statutory boards, if the board members are appointed by the 
151.9   metropolitan council; 
151.10     (29) persons who are employed in positions designated by 
151.11  the department of employee relations as student workers; 
151.12     (30) members of trades who are employed by the successor to 
151.13  the metropolitan waste control commission with, who have trade 
151.14  union pension plan coverage under a collective bargaining 
151.15  agreement, and who are first employed after June 1, 1977; 
151.16     (31) persons who are employed in subsidized on-the-job 
151.17  training, work experience, or public service employment as 
151.18  enrollees under the federal Comprehensive Employment and 
151.19  Training Act after March 30, 1978, unless the person has as of 
151.20  the later of March 30, 1978, or the date of employment 
151.21  sufficient service credit in the retirement system to meet the 
151.22  minimum vesting requirements for a deferred annuity, or the 
151.23  employer agrees in writing on forms prescribed by the director 
151.24  to make the required employer contributions, including any 
151.25  employer additional contributions, on account of that person 
151.26  from revenue sources other than funds provided under the federal 
151.27  Comprehensive Employment and Training Act, or the person agrees 
151.28  in writing on forms prescribed by the director to make the 
151.29  required employer contribution in addition to the required 
151.30  employee contribution; 
151.31     (32) off-duty peace officers while employed by the 
151.32  metropolitan council; 
151.33     (33) persons who are employed as full-time police officers 
151.34  by the metropolitan council and as police officers are members 
151.35  of the public employees police and fire fund; 
151.36     (34) persons who are employed as full-time firefighters by 
152.1   the department of military affairs and as firefighters are 
152.2   members of the public employees police and fire fund; 
152.3      (35) foreign citizens with a work permit of less than three 
152.4   years, or an H-1b/JV visa valid for less than three years of 
152.5   employment, unless notice of extension is supplied which allows 
152.6   them to work for three or more years as of the date the 
152.7   extension is granted, in which case they are eligible for 
152.8   coverage from the date extended; and 
152.9      (36) persons who are employed by the board of trustees of 
152.10  the Minnesota state colleges and universities and who elect to 
152.11  remain members of the public employees retirement association or 
152.12  the Minneapolis employees retirement fund, whichever applies, 
152.13  under section 136C.75.  
152.14     Sec. 6.  Minnesota Statutes 2000, section 352.113, 
152.15  subdivision 4, is amended to read: 
152.16     Subd. 4.  [MEDICAL OR PSYCHOLOGICAL EXAMINATIONS; 
152.17  AUTHORIZATION FOR PAYMENT OF BENEFIT.] An applicant shall 
152.18  provide medical or psychological evidence to support an 
152.19  application for total and permanent disability.  The director 
152.20  shall have the employee examined by at least one additional 
152.21  licensed chiropractor, physician, or psychologist designated by 
152.22  the medical adviser.  The chiropractors, physicians, or 
152.23  psychologists shall make written reports to the director 
152.24  concerning the employee's disability including medical opinions 
152.25  as to whether the employee is permanently and totally disabled 
152.26  within the meaning of section 352.01, subdivision 17.  The 
152.27  director shall also obtain written certification from the 
152.28  employer stating whether the employment has ceased or whether 
152.29  the employee is on sick leave of absence because of a disability 
152.30  that will prevent further service to the employer and as a 
152.31  consequence the employee is not entitled to compensation from 
152.32  the employer.  The medical adviser shall consider the reports of 
152.33  the physicians, psychologists, and chiropractors and any other 
152.34  evidence supplied by the employee or other interested parties.  
152.35  If the medical adviser finds the employee totally and 
152.36  permanently disabled, the adviser shall make appropriate 
153.1   recommendation to the director in writing together with the date 
153.2   from which the employee has been totally disabled.  The director 
153.3   shall then determine if the disability occurred within 180 days 
153.4   of filing the application, while still in the employment of the 
153.5   state, and the propriety of authorizing payment of a disability 
153.6   benefit as provided in this section.  A terminated employee may 
153.7   apply for a disability benefit within 180 days of termination as 
153.8   long as the disability occurred while in the employment of the 
153.9   state.  The fact that an employee is placed on leave of absence 
153.10  without compensation because of disability does not bar that 
153.11  employee from receiving a disability benefit.  Unless payment of 
153.12  a disability benefit has terminated because the employee is no 
153.13  longer totally disabled, or because the employee has reached 
153.14  normal retirement age as provided in this section, the 
153.15  disability benefit shall cease with the last payment received by 
153.16  the disabled employee or which had accrued during the lifetime 
153.17  of the employee unless there is a spouse surviving; in that 
153.18  event the surviving spouse is entitled to the disability benefit 
153.19  for the calendar month in which the disabled employee died. 
153.20     Sec. 7.  Minnesota Statutes 2000, section 352.113, 
153.21  subdivision 6, is amended to read: 
153.22     Subd. 6.  [REGULAR MEDICAL OR PSYCHOLOGICAL EXAMINATIONS.] 
153.23  At least once each year during the first five years following 
153.24  the allowance of a disability benefit to any employee, and at 
153.25  least once in every three-year period thereafter, the director 
153.26  may require any disabled employee to undergo a medical or 
153.27  psychological examination.  The examination must be made at the 
153.28  place of residence of the employee, or at any place mutually 
153.29  agreed upon, by a physician or physicians designated by the 
153.30  medical adviser and engaged by the director.  If any examination 
153.31  indicates to the medical adviser that the employee is no longer 
153.32  permanently and totally disabled, or is engaged in or can engage 
153.33  in a gainful occupation, payments of the disability benefit by 
153.34  the fund must be discontinued.  The payments shall discontinue 
153.35  as soon as the employee is reinstated to the payroll following 
153.36  sick leave, but in no case shall payment be made for more than 
154.1   60 days after the medical adviser finds that the employee is no 
154.2   longer permanently and totally disabled. 
154.3      Sec. 8.  Minnesota Statutes 2000, section 352.22, 
154.4   subdivision 8, is amended to read: 
154.5      Subd. 8.  [REFUND SPECIFICALLY LIMITED.] If a former 
154.6   employee covered by the system does not apply for refund within 
154.7   five years after the last deduction was taken from salary for 
154.8   the retirement fund, and does not have enough service to qualify 
154.9   for a deferred annuity, accumulated contributions must be 
154.10  credited to and become a part of the retirement fund.  If the 
154.11  former employee returns to state service and becomes a state 
154.12  employee covered by the system, the amount credited to the 
154.13  retirement fund, if more than $2 $25, shall must be restored to 
154.14  the individual account.  If the amount credited to the fund is 
154.15  over $2 $25 and the former employee applies for refund or an 
154.16  annuity under section 352.72, the amount must be restored to the 
154.17  former employee's individual account and a refund made or an 
154.18  annuity paid, whichever applies. 
154.19     Sec. 9.  Minnesota Statutes 2000, section 352.87, 
154.20  subdivision 4, is amended to read: 
154.21     Subd. 4.  [NON-JOB-RELATED DISABILITY BENEFITS.] An 
154.22  eligible member described in subdivision 1, who is less than 55 
154.23  years of age and who becomes disabled and physically or mentally 
154.24  unfit to perform the duties of the position because of sickness 
154.25  or injury while not engaged in covered employment, is entitled 
154.26  to a disability benefit amount equivalent to an annuity computed 
154.27  under subdivision 3 assuming the member has 15 years of service 
154.28  qualifying under this section and waiving the minimum age 
154.29  requirement.  If the eligible member becomes disabled under this 
154.30  subdivision with more than 15 years of service covered under 
154.31  this section, the eligible member is entitled to a disability 
154.32  benefit amount equivalent to an annuity computed under 
154.33  subdivision 3 based on all years of service credited under this 
154.34  section and waiving the minimum age requirement. 
154.35     Sec. 10.  Minnesota Statutes 2000, section 352.87, 
154.36  subdivision 5, is amended to read: 
155.1      Subd. 5.  [JOB-RELATED DISABILITY BENEFITS.] An eligible 
155.2   member defined in subdivision 1, who is less than 55 years of 
155.3   age and who becomes disabled and physically or mentally unfit to 
155.4   perform the duties of the position because of sickness or injury 
155.5   while engaged in covered employment, is entitled to a disability 
155.6   benefit amount equivalent to an annuity computed under 
155.7   subdivision 3 assuming the member has 20 years of service 
155.8   qualifying under this section and waiving the minimum age 
155.9   requirement.  An eligible member who becomes disabled under this 
155.10  subdivision with more than 20 years of service credited under 
155.11  this section is entitled to a disability benefit amount 
155.12  equivalent to an annuity computed under subdivision 3 based on 
155.13  all years of service credited under this section and waiving the 
155.14  age requirement. 
155.15     Sec. 11.  Minnesota Statutes 2000, section 352.95, 
155.16  subdivision 4, is amended to read: 
155.17     Subd. 4.  [MEDICAL OR PSYCHOLOGICAL EVIDENCE.] (a) An 
155.18  applicant shall provide medical or psychological evidence to 
155.19  support an application for disability benefits.  The director 
155.20  shall have the employee examined by at least one additional 
155.21  licensed physician or psychologist designated by the medical 
155.22  adviser.  The physicians shall make written reports to the 
155.23  director concerning the employee's disability, including medical 
155.24  opinions as to whether the employee is disabled within the 
155.25  meaning of this section.  The director shall also obtain written 
155.26  certification from the employer stating whether the employee is 
155.27  on sick leave of absence because of a disability that will 
155.28  prevent further service to the employer, and as a consequence 
155.29  the employee is not entitled to compensation from the employer.  
155.30     (b) If on considering the physicians' reports and any other 
155.31  evidence supplied by the employee or others, the medical adviser 
155.32  finds the employee disabled within the meaning of this section, 
155.33  the advisor shall make appropriate recommendation to the 
155.34  director in writing, together with the date from which the 
155.35  employee has been disabled.  The director shall then determine 
155.36  the propriety of authorizing payment of a disability benefit as 
156.1   provided in this section.  
156.2      (c) Unless payment of a disability benefit has terminated 
156.3   because the employee is no longer disabled, or because the 
156.4   employee has reached age 62 65 or the five-year anniversary of 
156.5   the effective date of the disability benefit, whichever is 
156.6   later, the disability benefit shall cease with the last payment 
156.7   received by the disabled employee or which had accrued during 
156.8   the employee's lifetime.  While disability benefits are paid, 
156.9   the director has the right at reasonable times to require the 
156.10  disabled employee to submit proof of the continuance of the 
156.11  disability claimed.  If any examination indicates to the medical 
156.12  adviser that the employee is no longer disabled, the disability 
156.13  payment must be discontinued upon reinstatement to state service 
156.14  or within 60 days of the finding, whichever is sooner.  
156.15     Sec. 12.  Minnesota Statutes 2000, section 352.95, 
156.16  subdivision 5, is amended to read: 
156.17     Subd. 5.  [RETIREMENT STATUS AT NORMAL RETIREMENT AGE.] The 
156.18  disability benefit paid to a disabled correctional employee 
156.19  under this section shall terminate at the end of the month in 
156.20  which the employee reaches age 62 65, or the five-year 
156.21  anniversary of the effective date of the disability benefit, 
156.22  whichever is later.  If the disabled correctional employee is 
156.23  still disabled when the employee reaches age 62 65, or the 
156.24  five-year anniversary of the effective date of the disability 
156.25  benefit, whichever is later, the employee shall be deemed to be 
156.26  a retired employee.  If the employee had elected an optional 
156.27  annuity under subdivision 1a, the employee shall receive an 
156.28  annuity in accordance with the terms of the optional annuity 
156.29  previously elected.  If the employee had not elected an optional 
156.30  annuity under subdivision 1a, the employee may within 90 days of 
156.31  attaining age 65 or reaching the five-year anniversary of the 
156.32  effective date of the disability benefit, whichever is later, 
156.33  either elect to receive a normal retirement annuity computed in 
156.34  the manner provided in section 352.93 or elect to receive an 
156.35  optional annuity as provided in section 352.116, subdivision 3, 
156.36  based on the same length of service as used in the calculation 
157.1   of the disability benefit.  Election of an optional annuity must 
157.2   be made within 90 days before attaining age 65 or reaching the 
157.3   five-year anniversary of the effective date of the disability 
157.4   benefit, whichever is later.  If an optional annuity is elected, 
157.5   the optional annuity shall begin to accrue on the first of the 
157.6   month following the month in which the employee reaches age 65 
157.7   or the five-year anniversary of the effective date of the 
157.8   disability benefit, whichever is later. 
157.9      Sec. 13.  Minnesota Statutes 2000, section 352.95, 
157.10  subdivision 7, is amended to read: 
157.11     Subd. 7.  [RESUMPTION OF EMPLOYMENT.] If the disabled 
157.12  employee resumes a gainful occupation from which earnings are 
157.13  less than the salary received at the date of disability or the 
157.14  salary currently paid for similar positions, or if the employee 
157.15  is entitled to receive workers' compensation benefits work, the 
157.16  disability benefit must be continued in an amount which when 
157.17  added to current earnings and workers' compensation benefits 
157.18  does not exceed the salary received at the date of disability or 
157.19  the salary currently paid for similar positions, whichever is 
157.20  higher, if the disability benefit in that case does not exceed 
157.21  the disability benefit originally authorized and in effect rate 
157.22  of the disabled employee at the date of disability as adjusted 
157.23  by the same percentage increase in United States average wages 
157.24  used by social security in calculating average indexed monthly 
157.25  earnings for the same period. 
157.26     Sec. 14.  Minnesota Statutes 2000, section 352B.01, 
157.27  subdivision 11, is amended to read: 
157.28     Subd. 11.  [AVERAGE MONTHLY SALARY.] "Average monthly 
157.29  salary" means the average of the highest monthly salaries for 
157.30  five years of service as a member.  Average monthly salary must 
157.31  be based upon all allowable service if this service is less than 
157.32  five years.  It does not include any lump sum annual leave 
157.33  payments and overtime payments made at the time of separation 
157.34  from state service, any amounts of severance pay, or any reduced 
157.35  salary paid during the period the person is entitled to workers' 
157.36  compensation benefit payments for temporary disability.  A 
158.1   member on leave of absence receiving temporary workers' 
158.2   compensation payments and a reduced salary or no salary from the 
158.3   employer who is entitled to allowable service credit for the 
158.4   period of absence may make payment to the fund for the 
158.5   difference between salary received, if any, and the salary the 
158.6   member would normally receive if not on leave of absence during 
158.7   the period.  The member shall pay an amount equal to the member 
158.8   and employer contribution rate under section 352B.02, 
158.9   subdivisions 1b and 1c, on the differential salary amount for 
158.10  the period of the leave of absence.  The employing department, 
158.11  at its option, may pay the employer amount on behalf of the 
158.12  member.  Payment made under this subdivision must include 
158.13  interest at the rate of 8.5 percent per year, and must be 
158.14  completed within one year of the return from the leave of 
158.15  absence. 
158.16     Sec. 15.  Minnesota Statutes 2000, section 352B.10, 
158.17  subdivision 3, is amended to read: 
158.18     Subd. 3.  [ANNUAL AND SICK LEAVE; WORK AT LOWER PAY.] No 
158.19  member shall receive any disability benefit payment when the 
158.20  member has unused annual leave or sick leave or under any other 
158.21  circumstances, when during the period of disability there has 
158.22  been no impairment of salary.  Should the member or former 
158.23  member resume gainful work and earn less than the salary 
158.24  received at the date of disability or the salary currently paid 
158.25  for similar positions, the disability benefit must be continued 
158.26  in an amount which when added to current earnings does not 
158.27  exceed the salary rate received of the person at the date of 
158.28  disability or the salary currently paid for similar positions, 
158.29  whichever is higher.  The disability benefit must not exceed the 
158.30  disability benefit originally allowed as adjusted by the same 
158.31  percentage increase in United States average wages used by 
158.32  social security in calculating average indexed monthly earnings 
158.33  for the same period. 
158.34     Sec. 16.  Minnesota Statutes 2000, section 352B.101, is 
158.35  amended to read: 
158.36     352B.101 [APPLICATION FOR DISABILITY BENEFIT.] 
159.1      A member claiming a disability benefit must file a written 
159.2   application for benefits in the office of the system in a form 
159.3   and manner prescribed by the executive director.  The member 
159.4   shall provide medical or psychological evidence to support the 
159.5   application.  The benefit begins to accrue the day following the 
159.6   start of disability or the day following the last day for which 
159.7   the member was paid, whichever is later, but not earlier than 
159.8   180 days before the date the application is filed with the 
159.9   executive director. 
159.10     Sec. 17.  Minnesota Statutes 2000, section 354.05, 
159.11  subdivision 2, is amended to read: 
159.12     Subd. 2.  [TEACHER.] (a) "Teacher" means: 
159.13     (1) a person who renders service as a teacher, supervisor, 
159.14  principal, superintendent, librarian, nurse, counselor, social 
159.15  worker, therapist, or psychologist in the public schools of the 
159.16  state located outside of the corporate limits of the cities of 
159.17  the first class or in the Minnesota state colleges and 
159.18  universities system, or in any charitable, penal, or 
159.19  correctional institutions of a governmental subdivision, or who 
159.20  is engaged in educational administration in connection with the 
159.21  state public school system, including the Minnesota state 
159.22  colleges and universities system, but excluding the University 
159.23  of Minnesota, whether the position be a public office or an 
159.24  employment, not including members or officers of any general 
159.25  governing or managing board or body; 
159.26     (2) an employee of the teachers retirement association 
159.27  unless the employee is covered by the Minnesota state retirement 
159.28  system due to prior employment by that system; 
159.29     (3) a person who renders teaching service on a part-time 
159.30  basis and who also renders other services for a single employing 
159.31  unit.  A person whose teaching service comprises at least 50 
159.32  percent of the combined employment salary is a member of the 
159.33  association for all services with the single employing unit.  If 
159.34  the person's teaching service comprises less than 50 percent of 
159.35  the combined employment salary, the executive director must 
159.36  determine whether all or none of the combined service is covered 
160.1   by the association.; or 
160.2      (4) a person who is not covered by the plans established 
160.3   under chapter 352D, 354A, or 354B and who is employed by the 
160.4   board of trustees of the Minnesota state colleges and 
160.5   universities system in an unclassified position as: 
160.6      (i) a president, vice-president, or dean; 
160.7      (ii) a manager or a professional in an academic or an 
160.8   academic support program other than specified in subclause (i); 
160.9      (iii) an administrative or a service support faculty 
160.10  position; or 
160.11     (iv) a teacher or a research assistant. 
160.12     (b) Teacher does not mean: 
160.13     (1) a person who works for a school or institution as an 
160.14  independent contractor as defined by the Internal Revenue 
160.15  Service; 
160.16     (2) a person employed in subsidized on-the-job training, 
160.17  work experience or public service employment as an enrollee 
160.18  under the federal Comprehensive Employment and Training Act from 
160.19  and after March 30, 1978, unless the person has, as of the later 
160.20  of March 30, 1978, or the date of employment, sufficient service 
160.21  credit in the retirement association to meet the minimum vesting 
160.22  requirements for a deferred retirement annuity, or the employer 
160.23  agrees in writing on forms prescribed by the executive director 
160.24  to make the required employer contributions, including any 
160.25  employer additional contributions, on account of that person 
160.26  from revenue sources other than funds provided under the federal 
160.27  Comprehensive Training and Employment Act, or the person agrees 
160.28  in writing on forms prescribed by the executive director to make 
160.29  the required employer contribution in addition to the required 
160.30  employee contribution; 
160.31     (3) a person holding a part-time adult supplementary 
160.32  technical college license who renders part-time teaching service 
160.33  or a customized trainer as defined by the Minnesota state 
160.34  colleges and universities system in a technical college if (i) 
160.35  the service is incidental to the regular nonteaching occupation 
160.36  of the person; and (ii) the applicable technical college 
161.1   stipulates annually in advance that the part-time teaching 
161.2   service or customized training service will not exceed 300 hours 
161.3   in a fiscal year and retains the stipulation in its records; and 
161.4   (iii) the part-time teaching service or customized training 
161.5   service actually does not exceed 300 hours in a fiscal year; or 
161.6      (4) a person exempt from licensure under section 122A.30. 
161.7      Sec. 18.  Minnesota Statutes 2000, section 354.52, 
161.8   subdivision 4, is amended to read: 
161.9      Subd. 4.  [REPORTING AND REMITTANCE REQUIREMENTS.] An 
161.10  employer shall remit all amounts due to the association and 
161.11  furnish a statement indicating the amount due and transmitted 
161.12  with any other information required by the executive director.  
161.13  If an amount due is not received by the association within seven 
161.14  14 calendar days of the payroll warrant, the amount accrues 
161.15  interest at an annual rate of 8.5 percent compounded annually 
161.16  from the due date until the amount is received by the 
161.17  association.  All amounts due and other employer obligations not 
161.18  remitted within 60 days of notification by the association must 
161.19  be certified to the commissioner of finance who shall deduct the 
161.20  amount from any state aid or appropriation amount applicable to 
161.21  the employing unit. 
161.22     Sec. 19.  Minnesota Statutes 2000, section 354A.011, 
161.23  subdivision 24, is amended to read: 
161.24     Subd. 24.  [SALARY; COVERED SALARY.] (a) "Salary" or 
161.25  "covered salary" means the entire compensation, upon which 
161.26  member contributions are required and made, that is paid to a 
161.27  teacher before any allowable reductions permitted under the 
161.28  federal Internal Revenue Code of 1986, as amended, for employee 
161.29  selected fringe benefits, tax sheltered annuities, deferred 
161.30  compensation, or any combination of these items deductions for 
161.31  deferred compensation, supplemental retirement plans, or other 
161.32  voluntary salary reduction programs. 
161.33     (b) "Salary" does not mean: 
161.34     (1) lump sum annual leave payments; 
161.35     (2) lump sum wellness and sick leave payments; 
161.36     (3) payments in lieu of any employer-paid group insurance 
162.1   coverage employer-paid amounts used by an employee toward the 
162.2   cost of insurance coverage, employer-paid fringe benefits, 
162.3   flexible spending accounts, cafeteria plans, health care expense 
162.4   accounts, day care expenses, or any payments in lieu of any 
162.5   employer-paid group insurance coverage, including the difference 
162.6   between single and family rates that may be paid to a member 
162.7   with single coverage, and certain amounts determined by the 
162.8   executive secretary or director to be ineligible; 
162.9      (4) payments for the difference between single and family 
162.10  premium rates that may be paid to a member with single 
162.11  coverage any form of payment made in lieu of any other 
162.12  employer-paid fringe benefit or expense; 
162.13     (5) employer-paid fringe benefits including, but not 
162.14  limited to, flexible spending accounts, cafeteria plans, health 
162.15  care expense accounts, day care expenses, or automobile 
162.16  allowances and expenses any form of severance payments; 
162.17     (6) workers' compensation payments; 
162.18     (7) disability insurance payments, including self-insured 
162.19  disability payments; 
162.20     (6) (8) payments to school principals and all other 
162.21  administrators for services in addition to the normal work year 
162.22  contract if these additional services are performed on an 
162.23  extended duty day, Saturday, Sunday, holiday, annual leave day, 
162.24  sick leave day, or any other nonduty day; 
162.25     (7) (9) payments under section 356.24, subdivision 1, 
162.26  clause (4)(ii); and 
162.27     (8) (10) payments made under section 122A.40, subdivision 
162.28  12, except for payments for sick leave accumulated under the 
162.29  provisions of a uniform school district policy that applies 
162.30  equally to all similarly situated persons in the district. 
162.31     Sec. 20.  [354A.107] [PAYMENT ACCEPTANCE ALLOWED.] 
162.32     The payment for the purchase of allowable service credit, 
162.33  or the repayment of a prior refund, or the payment of equivalent 
162.34  contributions for an eligible leave of absence, as permitted by 
162.35  law, by a member of the Minneapolis teachers retirement fund 
162.36  association, the St. Paul teachers retirement fund association, 
163.1   or the Duluth teachers retirement fund association, may be made 
163.2   with amounts transferred from a plan qualified under section 
163.3   401(a), 401(k), 403(a), 403(b), or 457(b) of the federal 
163.4   Internal Revenue Code of 1986, as amended from time to time, or 
163.5   amounts transferred from an individual retirement account if 
163.6   done solely in a manner that is eligible for treatment as a 
163.7   nontaxable rollover under the applicable federal law.  The 
163.8   rollover must be separately accounted for as member 
163.9   contributions that were not previously taxed.  Before accepting 
163.10  any transfers to which this section applies, the executive 
163.11  secretary or director must require the member to provide written 
163.12  documentation that the amounts to be transferred are eligible 
163.13  for tax free rollover and qualify for that treatment under the 
163.14  federal Internal Revenue Code of 1986, as amended. 
163.15     Sec. 21.  [354A.108] [PAYMENT BY TEACHERS COLLECTING 
163.16  WORKERS' COMPENSATION.] 
163.17     (a) A member of the Duluth teachers retirement fund 
163.18  association who is receiving temporary workers' compensation 
163.19  payments related to the member's teaching service and who either 
163.20  is receiving a reduced salary from the employer or is receiving 
163.21  no salary from the employer is entitled to receive allowable 
163.22  service credit for the period of time that the member is 
163.23  receiving the workers' compensation payments upon making the 
163.24  required payment amount.  
163.25     (b) The required amount payable by the member must be 
163.26  calculated first by determining the differential salary amount, 
163.27  which is the difference between the salary received, if any, 
163.28  during the period of time that the member is collecting workers' 
163.29  compensation payments, and the salary that the member received 
163.30  for an identical length period immediately before collecting the 
163.31  workers' compensation payments.  The member shall pay an amount 
163.32  equal to the employee contribution rate under section 354A.12, 
163.33  subdivision 1, multiplied by the differential salary amount.  
163.34     (c) If the member makes the employee payment under this 
163.35  section, the employing unit shall make an employer payment to 
163.36  the Duluth teachers retirement fund association equal to the 
164.1   employer contribution rate under section 354A.12, subdivision 
164.2   2a, multiplied by the differential salary amount.  
164.3      (d) Payments made under this subdivision are payable 
164.4   without interest if paid by June 30 of the year during which the 
164.5   workers' compensation payments are received by the member.  If 
164.6   paid after June 30, payments made under this subdivision must 
164.7   include interest at the rate of 8.5 percent per year.  Payment 
164.8   under this section must be completed within one year of the 
164.9   termination of the workers' compensation payments to the member. 
164.10     Sec. 22.  Minnesota Statutes 2000, section 354A.12, 
164.11  subdivision 5, is amended to read: 
164.12     Subd. 5.  [EMPLOYEE REPORTING AND REMITTANCE REQUIREMENTS.] 
164.13  (a) Each school district employing unit shall provide to the 
164.14  appropriate teachers retirement fund association information the 
164.15  following member data regarding all new or returning 
164.16  employees on a form provided by the executive secretary or 
164.17  director before the employee's first payroll date. in a format 
164.18  approved by the executive secretary or director.  Data changes 
164.19  and the dates of those changes must be reported to the 
164.20  association on an ongoing basis for the payroll cycle in which 
164.21  they occur.  Data on the member includes: 
164.22     (1) legal name, address, date of birth, association member 
164.23  number, employer-assigned employee number, and social security 
164.24  number; 
164.25     (2) association status, including, but not limited to, 
164.26  basic, coordinated, exempt annuitant, exempt technical college 
164.27  teacher, or exempt independent contractor or consultant; 
164.28     (3) employment status, including, but not limited to, full 
164.29  time, part time, intermittent, substitute, or part-time 
164.30  mobility; 
164.31     (4) employment position, including, but not limited to, 
164.32  teacher, superintendent, principal, administrator, or other; 
164.33     (5) employment activity, including, but not limited to, 
164.34  hire, termination, resumption of employment, disability, or 
164.35  death; 
164.36     (6) leaves of absence; and 
165.1      (7) other information as may be required by the association.
165.2      (b) Each employing unit shall provide the following data to 
165.3   the appropriate association for each payroll cycle in a format 
165.4   approved by the executive secretary or director: 
165.5      (1) an association member number; 
165.6      (2) employer-assigned employee number; 
165.7      (3) social security number; 
165.8      (4) amount of each salary deduction; 
165.9      (5) amount of salary as defined in section 354A.011, 
165.10  subdivision 24, from which each deduction was made; 
165.11     (6) reason for payment; 
165.12     (7) service credit; 
165.13     (8) the beginning and ending dates of the payroll period 
165.14  covered and the date of actual payment; 
165.15     (9) fiscal year of salary earnings; 
165.16     (10) total remittance amount including employee, employer, 
165.17  and employer additional contributions; and 
165.18     (11) other information as may be required by the 
165.19  association. 
165.20     (c) On or before August 1 each year, each employing unit 
165.21  must report to the appropriate association giving an itemized 
165.22  summary for the preceding 12 months of the total amount that was 
165.23  withheld from the salaries of teachers for deductions and all 
165.24  other information required by the association. 
165.25     (d) An employing unit that does not comply with the 
165.26  reporting requirements under this section shall pay a fine of $5 
165.27  per calendar day until the association receives the required 
165.28  member data. 
165.29     (e) An employing unit shall remit all amounts that are due 
165.30  to the association and shall furnish for each pay period an 
165.31  itemized statement indicating the total amount that is due and 
165.32  is transmitted with any other information required by the 
165.33  association.  All amounts due and other employer obligations 
165.34  that are not remitted within 30 days of notification by the 
165.35  association must be certified by the director or secretary to 
165.36  the commissioner of finance, who shall deduct the amount from 
166.1   any state aid or appropriation amount applicable to the 
166.2   employing unit and shall transmit the deducted amount to the 
166.3   applicable association. 
166.4      Sec. 23.  Minnesota Statutes 2000, section 354A.31, 
166.5   subdivision 3, is amended to read: 
166.6      Subd. 3.  [RESUMPTION OF TEACHING AFTER COMMENCEMENT OF A 
166.7   RETIREMENT ANNUITY.] (a) Any person who retired and is receiving 
166.8   a coordinated program retirement annuity under the provisions of 
166.9   sections 354A.31 to 354A.41 or any person receiving a basic 
166.10  program retirement annuity under the governing sections in the 
166.11  articles of incorporation or bylaws and who has resumed teaching 
166.12  service for the school district in which the teachers retirement 
166.13  fund association exists is entitled to continue to receive 
166.14  retirement annuity payments, except that annuity payments must 
166.15  be reduced during the calendar year immediately following the 
166.16  calendar year in which the person's income from the teaching 
166.17  service is in an amount greater than the annual maximum earnings 
166.18  allowable for that age for the continued receipt of full benefit 
166.19  amounts monthly under the federal old age, survivors, and 
166.20  disability insurance program as set by the secretary of health 
166.21  and human services under United States Code, title 42, section 
166.22  403.  The amount of the reduction must be one-third the amount 
166.23  in excess of the applicable reemployment income maximum 
166.24  specified in this subdivision and must be deducted from the 
166.25  annuity payable for the calendar year immediately following the 
166.26  calendar year in which the excess amount was earned.  If the 
166.27  person has not yet reached the minimum age for the receipt of 
166.28  social security benefits, the maximum earnings for the person 
166.29  must be equal to the annual maximum earnings allowable for the 
166.30  minimum age for the receipt of social security benefits. 
166.31     (b) If the person is retired for only a fractional part of 
166.32  the calendar year during the initial year of retirement, the 
166.33  maximum reemployment income specified in this subdivision must 
166.34  be prorated for that calendar year. 
166.35     (c) After a person has reached the age of 70, no 
166.36  reemployment income maximum is applicable regardless of the 
167.1   amount of any compensation received for teaching service for the 
167.2   school district in which the teachers retirement fund 
167.3   association exists.  
167.4      (d) The amount of the retirement annuity reduction must be 
167.5   handled or disposed of as provided in section 356.58. 
167.6      (e) For the purpose of this subdivision, income from 
167.7   teaching service includes:  (i) all income for services 
167.8   performed as a consultant or independent contractor; or income 
167.9   resulting from working with the school district in any capacity; 
167.10  and (ii) the greater of either the income received or an amount 
167.11  based on the rate paid with respect to an administrative 
167.12  position, consultant, or independent contractor in the school 
167.13  district in which the teachers retirement fund association 
167.14  exists and at the same level as the position occupied by the 
167.15  person who resumes teaching service. 
167.16     (f) On or before February 15 of each year, each applicable 
167.17  employing unit shall report to the teachers retirement fund 
167.18  association the amount of postretirement income as defined in 
167.19  this subdivision, earned as a teacher, consultant, or 
167.20  independent contractor during the previous calendar year by each 
167.21  retiree of the teachers retirement fund association for teaching 
167.22  service performed after retirement.  The report must be in a 
167.23  format approved by the executive secretary or director. 
167.24     Sec. 24.  Minnesota Statutes 2000, section 354A.35, 
167.25  subdivision 4, is amended to read: 
167.26     Subd. 4.  [PAYMENT OF MINIMAL REFUND AND BENEFIT AMOUNTS.] 
167.27  If a coordinated member or former coordinated member dies 
167.28  without having designated a beneficiary or if the designated 
167.29  beneficiary dies without there existing any other designated 
167.30  beneficiary and prior to making application for the refund 
167.31  credited to the deceased coordinated member or coordinated 
167.32  former member, and if the amount of the refund does not 
167.33  exceed $500 $1,500, the board in its discretion may, in absence 
167.34  of probate proceedings, make payment 90 days after the date of 
167.35  death of the coordinated member or former coordinated member to 
167.36  the surviving spouse of the deceased coordinated member or 
168.1   former coordinated member, or if none, to the next of kin as 
168.2   determined under the laws of descent of the state.  A payment 
168.3   under this subdivision shall be a bar to recovery by any other 
168.4   person or persons.  Any retirement annuity in any amount which 
168.5   has accrued at the time of the death of a coordinated retiree 
168.6   may be paid by the board in its discretion using the procedure 
168.7   set forth in this subdivision.  
168.8      Sec. 25.  Minnesota Statutes 2000, section 356A.06, 
168.9   subdivision 5, is amended to read: 
168.10     Subd. 5.  [INVESTMENT BUSINESS RECIPIENT DISCLOSURE.] The 
168.11  chief administrative officer of a covered pension plan, with 
168.12  respect to investments made by the plan, and the executive 
168.13  director of the state board of investment, with respect to 
168.14  investments of plan assets made by the board, shall annually 
168.15  disclose in writing the recipients of investment business placed 
168.16  with or investment commissions allocated among commercial banks, 
168.17  investment bankers, brokerage organizations, or other investment 
168.18  managers.  The disclosure document must be prepared within 60 
168.19  days after the close of the fiscal year of the plan and must be 
168.20  available for public inspection during regular office hours at 
168.21  the office of the plan.  The disclosure document must also be 
168.22  filed with the executive director of the legislative commission 
168.23  on pensions and retirement within 90 days after the close of the 
168.24  fiscal year of the plan.  For the state board of investment and 
168.25  a first class city teacher retirement fund association, a 
168.26  disclosure document included as part of a regular annual report 
168.27  of the board or of the first class city teacher retirement fund 
168.28  association when filed with the executive director of the 
168.29  legislative commission on pensions and retirement is considered 
168.30  to have been filed on a timely basis. 
168.31     Sec. 26.  Minnesota Statutes 2000, section 490.121, 
168.32  subdivision 4, is amended to read: 
168.33     Subd. 4.  [ALLOWABLE SERVICE.] "Allowable service" means a 
168.34  whole year, or any fraction thereof any calendar month, subject 
168.35  to the service credit limit in subdivision 22, served as a judge 
168.36  at any time, or served as a referee in probate for all referees 
169.1   in probate who were in office prior to January 1, 1974. 
169.2      Sec. 27.  [REPEALER.] 
169.3      Minnesota Statutes 2000, section 354A.026, is repealed. 
169.4      Sec. 28.  [EFFECTIVE DATE.] 
169.5      (a) Sections 1 to 20, 22 to 27 are effective on July 1, 
169.6   2001. 
169.7      (b) Section 21 is effective on May 1, 2001. 
169.8                              ARTICLE 5
169.9       OPEN MEETING REQUIREMENT FOR LOCAL PUBLIC PENSION PLANS
169.10     Section 1.  Minnesota Statutes 2000, section 13D.01, 
169.11  subdivision 1, is amended to read: 
169.12     Subdivision 1.  [IN EXECUTIVE BRANCH, LOCAL GOVERNMENT.] 
169.13  All meetings, including executive sessions, must be open to the 
169.14  public 
169.15     (a) of a state 
169.16     (1) agency, 
169.17     (2) board, 
169.18     (3) commission, or 
169.19     (4) department, 
169.20  when required or permitted by law to transact public business in 
169.21  a meeting; and 
169.22     (b) of the governing body of a 
169.23     (1) school district however organized, 
169.24     (2) unorganized territory, 
169.25     (3) county, 
169.26     (4) statutory or home rule charter city, 
169.27     (5) town, or 
169.28     (6) other public body; and 
169.29     (c) of any 
169.30     (1) committee, 
169.31     (2) subcommittee, 
169.32     (3) board, 
169.33     (4) department, or 
169.34     (5) commission, 
169.35  of a public body; and 
169.36     (d) of the governing body or a committee of: 
170.1      (1) a statewide public pension plan defined in section 
170.2   356A.01, subdivision 24; or 
170.3      (2) a local public pension plan governed by section 69.77, 
170.4   sections 69.771 to 69.775, or chapter 354A, 422A, or 423B. 
170.5      Sec. 2.  Minnesota Statutes 2000, section 356A.08, 
170.6   subdivision 1, is amended to read: 
170.7      Subdivision 1.  [PUBLIC MEETINGS.] A meeting of the 
170.8   governing board of a covered statewide pension plan or of a 
170.9   committee of the governing board of the statewide covered 
170.10  pension plan is governed by chapter 13D. 
170.11     Sec. 3.  [EFFECTIVE DATE.] 
170.12     Sections 1 and 2 are effective the day following final 
170.13  enactment. 
170.14                             ARTICLE 6
170.15                    POLICE STATE AID AMENDMENTS
170.16     Section 1.  Minnesota Statutes 2000, section 69.011, 
170.17  subdivision 1, is amended to read: 
170.18     Subdivision 1.  [DEFINITIONS.] Unless the language or 
170.19  context clearly indicates that a different meaning is intended, 
170.20  the following words and terms shall for the purposes of this 
170.21  chapter and chapters 423, 423A, 424 and 424A have the meanings 
170.22  ascribed to them: 
170.23     (a) "Commissioner" means the commissioner of revenue. 
170.24     (b) "Municipality" means any: 
170.25     (1) a home rule charter or statutory city,; 
170.26     (2) an organized town or; 
170.27     (3) a park district subject to chapter 398,; 
170.28     (4) the University of Minnesota, and,; 
170.29     (5) for purposes of the fire state aid program only, an 
170.30  American Indian tribal government entity located within a 
170.31  federally recognized American Indian reservation, and,; 
170.32     (6) for purposes of the police state aid program only, an 
170.33  American Indian tribal government with a tribal police 
170.34  department which exercises state arrest powers under section 
170.35  626.90, 626.91, 626.92, or 626.93; 
170.36     (7) for purposes of the police state aid program only, the 
171.1   metropolitan airports commission, with respect to peace officers 
171.2   covered under chapter 422A, or; and 
171.3      (8) for purposes of the police state aid program only, the 
171.4   department of natural resources and the department of public 
171.5   safety with respect to peace officers covered under chapter 352B.
171.6      (c) "Minnesota Firetown Premium Report" means a form 
171.7   prescribed by the commissioner containing space for reporting by 
171.8   insurers of fire, lightning, sprinkler leakage and extended 
171.9   coverage premiums received upon risks located or to be performed 
171.10  in this state less return premiums and dividends. 
171.11     (d) "Firetown" means the area serviced by any municipality 
171.12  having a qualified fire department or a qualified incorporated 
171.13  fire department having a subsidiary volunteer firefighters' 
171.14  relief association. 
171.15     (e) "Market value" means latest available market value of 
171.16  all property in a taxing jurisdiction, whether the property is 
171.17  subject to taxation, or exempt from ad valorem taxation obtained 
171.18  from information which appears on abstracts filed with the 
171.19  commissioner of revenue or equalized by the state board of 
171.20  equalization. 
171.21     (f) "Minnesota Aid to Police Premium Report" means a form 
171.22  prescribed by the commissioner for reporting by each fire and 
171.23  casualty insurer of all premiums received upon direct business 
171.24  received by it in this state, or by its agents for it, in cash 
171.25  or otherwise, during the preceding calendar year, with reference 
171.26  to insurance written for insuring against the perils contained 
171.27  in auto insurance coverages as reported in the Minnesota 
171.28  business schedule of the annual financial statement which each 
171.29  insurer is required to file with the commissioner in accordance 
171.30  with the governing laws or rules less return premiums and 
171.31  dividends. 
171.32     (g) "Peace officer" means any person: 
171.33     (1) whose primary source of income derived from wages is 
171.34  from direct employment by a municipality or county as a law 
171.35  enforcement officer on a full-time basis of not less than 30 
171.36  hours per week; 
172.1      (2) who has been employed for a minimum of six months prior 
172.2   to December 31 preceding the date of the current year's 
172.3   certification under subdivision 2, clause (b); 
172.4      (3) who is sworn to enforce the general criminal laws of 
172.5   the state and local ordinances; 
172.6      (4) who is licensed by the peace officers standards and 
172.7   training board and is authorized to arrest with a warrant; and 
172.8      (5) who is a member of a local police relief association to 
172.9   which section 69.77 applies, the state patrol retirement plan, 
172.10  the public employees police and fire fund, or the Minneapolis 
172.11  employees retirement fund. 
172.12     (h) "Full-time equivalent number of peace officers 
172.13  providing contract service" means the integral or fractional 
172.14  number of peace officers which would be necessary to provide the 
172.15  contract service if all peace officers providing service were 
172.16  employed on a full-time basis as defined by the employing unit 
172.17  and the municipality receiving the contract service. 
172.18     (i) "Retirement benefits other than a service pension"  
172.19  means any disbursement authorized under section 424A.05, 
172.20  subdivision 3, clauses (2), (3), and (4).  
172.21     (j) "Municipal clerk, municipal clerk-treasurer, or county 
172.22  auditor" means the person who was elected or appointed to the 
172.23  specified position or, in the absence of the person, another 
172.24  person who is designated by the applicable governing body.  In a 
172.25  park district, the clerk is the secretary of the board of park 
172.26  district commissioners.  In the case of the University of 
172.27  Minnesota, the clerk is that official designated by the board of 
172.28  regents.  For the metropolitan airports commission, the clerk is 
172.29  the person designated by the commission.  For the department of 
172.30  natural resources or the department of public safety, the clerk 
172.31  is the respective commissioner.  For a tribal police department 
172.32  which exercises state arrest powers under section 626.90, 
172.33  626.91, 626.92, or 626.93, the clerk is the person designated by 
172.34  the applicable American Indian tribal government. 
172.35     Sec. 2. [EFFECTIVE DATE.] 
172.36     Section 1 is effective the day following final enactment. 
173.1                              ARTICLE 7
173.2                 GENERALIZED SERVICE CREDIT PURCHASES
173.3      Section 1.  Minnesota Statutes 2000, section 352.01, 
173.4   subdivision 11, is amended to read: 
173.5      Subd. 11.  [ALLOWABLE SERVICE.] "Allowable service" means:  
173.6      (1) Service by an employee for which on or before July 1, 
173.7   1957, the employee was entitled to allowable service credit on 
173.8   the records of the system by reason of employee contributions in 
173.9   the form of salary deductions, payments in lieu of salary 
173.10  deductions, or in any other manner authorized by Minnesota 
173.11  Statutes 1953, chapter 352, as amended by Laws 1955, chapter 239.
173.12     (2) Service by an employee for which on or before July 1, 
173.13  1961, the employee chose to obtain credit for service by making 
173.14  payments to the fund under Minnesota Statutes 1961, section 
173.15  352.24. 
173.16     (3) Except as provided in clauses (8) and (9), service by 
173.17  an employee after July 1, 1957, for any calendar month in which 
173.18  the employee is paid salary from which deductions are made, 
173.19  deposited, and credited in the fund, including deductions made, 
173.20  deposited, and credited as provided in section 352.041. 
173.21     (4) Except as provided in clauses (8) and (9), service by 
173.22  an employee after July 1, 1957, for any calendar month for which 
173.23  payments in lieu of salary deductions are made, deposited, and 
173.24  credited in the fund, as provided in section 352.27 and 
173.25  Minnesota Statutes 1957, section 352.021, subdivision 4. 
173.26     For purposes of clauses (3) and (4), except as provided in 
173.27  clauses (8) and (9), any salary paid for a fractional part of 
173.28  any calendar month, including the month of separation from state 
173.29  service, is deemed the compensation for the entire calendar 
173.30  month. 
173.31     (5) The period of absence from their duties by employees 
173.32  who are temporarily disabled because of injuries incurred in the 
173.33  performance of duties and for which disability the state is 
173.34  liable under the workers' compensation law until the date 
173.35  authorized by the director for the commencement of payments of a 
173.36  total and permanent disability benefit from the retirement fund. 
174.1      (6) Service covered by a refund repaid as provided in 
174.2   section 352.23 or 352D.05, subdivision 4, except service 
174.3   rendered as an employee of the adjutant general for which the 
174.4   person has credit with the federal civil service retirement 
174.5   system. 
174.6      (7) Service before July 1, 1978, by an employee of the 
174.7   transit operating division of the metropolitan transit 
174.8   commission or by an employee on an authorized leave of absence 
174.9   from the transit operating division of the metropolitan transit 
174.10  commission who is employed by the labor organization which is 
174.11  the exclusive bargaining agent representing employees of the 
174.12  transit operating division, which was credited by the 
174.13  metropolitan transit commission-transit operating division 
174.14  employees retirement fund or any of its predecessor plans or 
174.15  funds as past, intermediate, future, continuous, or allowable 
174.16  service as defined in the metropolitan transit 
174.17  commission-transit operating division employees retirement fund 
174.18  plan document in effect on December 31, 1977. 
174.19     (8) Service after July 1, 1983, by an employee who is 
174.20  employed on a part-time basis for less than 50 percent of full 
174.21  time, for which the employee is paid salary from which 
174.22  deductions are made, deposited, and credited in the fund, 
174.23  including deductions made, deposited, and credited as provided 
174.24  in section 352.041 or for which payments in lieu of salary 
174.25  deductions are made, deposited, and credited in the fund as 
174.26  provided in section 352.27 shall be credited on a fractional 
174.27  basis either by pay period, monthly, or annually based on the 
174.28  relationship that the percentage of salary earned bears to a 
174.29  full-time salary, with any salary paid for the fractional 
174.30  service credited on the basis of the rate of salary applicable 
174.31  for a full-time pay period, month, or a full-time year.  For 
174.32  periods of part-time service that is duplicated service credit, 
174.33  section 356.30, subdivision 1, clauses (i) and (j), govern. 
174.34     Allowable service determined and credited on a fractional 
174.35  basis shall be used in calculating the amount of benefits 
174.36  payable, but service as determined on a fractional basis must 
175.1   not be used in determining the length of service required for 
175.2   eligibility for benefits.  
175.3      (9) Any period of authorized leave of absence without pay 
175.4   that does not exceed one year and for which the employee 
175.5   obtained credit by payment to the fund in lieu of salary 
175.6   deductions.  To obtain credit, the employee shall pay an amount 
175.7   equal to the employee and employer contribution rate in section 
175.8   352.04, subdivisions 2 and 3, multiplied by the employee's 
175.9   hourly rate of salary on the date of return from leave of 
175.10  absence and by the days and months of the leave of absence 
175.11  without pay for which the employee wants allowable service 
175.12  credit.  The employing department, at its option, may pay the 
175.13  employer amount on behalf of its employees.  Payments made under 
175.14  this clause must include interest at an annual rate of 8.5 
175.15  percent compounded annually from the date of termination of the 
175.16  leave of absence to the date payment is made unless payment is 
175.17  completed within one year of the return from leave of absence. 
175.18     (10) A period purchased under section 356.555. 
175.19     Sec. 2.  Minnesota Statutes 2000, section 352B.01, 
175.20  subdivision 3, is amended to read: 
175.21     Subd. 3.  [ALLOWABLE SERVICE.] (a) "Allowable service" 
175.22  means:  
175.23     (1) for members defined in subdivision 2, clause (a), 
175.24  monthly service is granted for any month for which payments have 
175.25  been made to the state patrol retirement fund, and 
175.26     (2) for members defined in subdivision 2, clauses (b) and 
175.27  (c), service for which payments have been made to the state 
175.28  patrol retirement fund, service for which payments were made to 
175.29  the state police officers retirement fund after June 30, 1961, 
175.30  and all prior service which was credited to a member for service 
175.31  on or before June 30, 1961.  
175.32     (b) Allowable service also includes any period of absence 
175.33  from duty by a member who, by reason of injury incurred in the 
175.34  performance of duty, is temporarily disabled and for which 
175.35  disability the state is liable under the workers' compensation 
175.36  law, until the date authorized by the executive director for 
176.1   commencement of payment of a disability benefit or return to 
176.2   employment.  
176.3      (c) Allowable service also includes a period purchased 
176.4   under section 356.555. 
176.5      Sec. 3.  Minnesota Statutes 2000, section 353.01, 
176.6   subdivision 16, is amended to read: 
176.7      Subd. 16.  [ALLOWABLE SERVICE.] (a) "Allowable service" 
176.8   means service during years of actual membership in the course of 
176.9   which employee contributions were made, periods covered by 
176.10  payments in lieu of salary deductions under section 353.35, and 
176.11  service in years during which the public employee was not a 
176.12  member but for which the member later elected, while a member, 
176.13  to obtain credit by making payments to the fund as permitted by 
176.14  any law then in effect. 
176.15     (b) "Allowable service" also means a period of authorized 
176.16  leave of absence with pay from which deductions for employee 
176.17  contributions are made, deposited, and credited to the fund.  
176.18     (c) "Allowable service" also means a period of authorized 
176.19  leave of absence without pay that does not exceed one year, and 
176.20  during or for which a member obtained credit by payments to the 
176.21  fund made in place of salary deductions, provided that the 
176.22  payments are made in an amount or amounts based on the member's 
176.23  average salary on which deductions were paid for the last six 
176.24  months of public service, or for that portion of the last six 
176.25  months while the member was in public service, to apply to the 
176.26  period in either case immediately preceding commencement of the 
176.27  leave of absence.  If the employee elects to pay employee 
176.28  contributions for the period of any leave of absence without 
176.29  pay, or for any portion of the leave, the employee shall also, 
176.30  as a condition to the exercise of the election, pay to the fund 
176.31  an amount equivalent to both the required employer and 
176.32  additional employer contributions for the employee.  The payment 
176.33  must be made within one year from the expiration of the leave of 
176.34  absence or within 20 days after termination of public service 
176.35  under subdivision 11a.  The employer by appropriate action of 
176.36  its governing body, made a part of its official records, before 
177.1   the date of the first payment of the employee contribution, may 
177.2   certify to the association in writing its commitment to pay the 
177.3   employer and additional employer contributions from the proceeds 
177.4   of a tax levy made under section 353.28.  Payments under this 
177.5   paragraph must include interest at an annual rate of 8.5 percent 
177.6   compounded annually from the date of the termination of the 
177.7   leave of absence to the date payment is made.  An employee shall 
177.8   return to public service and receive a minimum of three months 
177.9   of allowable service to be eligible to pay employee and employer 
177.10  contributions for a subsequent authorized leave of absence 
177.11  without pay. 
177.12     (d) "Allowable service" also means a periodic, repetitive 
177.13  leave that is offered to all employees of a governmental 
177.14  subdivision.  The leave program may not exceed 208 hours per 
177.15  annual normal work cycle as certified to the association by the 
177.16  employer.  A participating member obtains service credit by 
177.17  making employee contributions in an amount or amounts based on 
177.18  the member's average salary that would have been paid if the 
177.19  leave had not been taken.  The employer shall pay the employer 
177.20  and additional employer contributions on behalf of the 
177.21  participating member.  The employee and the employer are 
177.22  responsible to pay interest on their respective shares at the 
177.23  rate of 8.5 percent a year, compounded annually, from the end of 
177.24  the normal cycle until full payment is made.  An employer shall 
177.25  also make the employer and additional employer contributions, 
177.26  plus 8.5 percent interest, compounded annually, on behalf of an 
177.27  employee who makes employee contributions but terminates public 
177.28  service.  The employee contributions must be made within one 
177.29  year after the end of the annual normal working cycle or within 
177.30  20 days after termination of public service, whichever is 
177.31  sooner.  The association shall prescribe the manner and forms to 
177.32  be used by a governmental subdivision in administering a 
177.33  periodic, repetitive leave. 
177.34     (e) "Allowable service" also means a period during which a 
177.35  member is on an authorized sick leave of absence, without pay, 
177.36  limited to one year.  An employee who has received one year of 
178.1   allowable service shall return to public service and receive a 
178.2   minimum of three months of allowable service to receive 
178.3   allowable service for a subsequent authorized sick leave of 
178.4   absence. 
178.5      (f) "Allowable service" also means an authorized temporary 
178.6   layoff under subdivision 12, limited to three months allowable 
178.7   service per authorized temporary layoff in one calendar year.  
178.8   An employee who has received the maximum service allowed for an 
178.9   authorized temporary layoff shall return to public service and 
178.10  receive a minimum of three months of allowable service to 
178.11  receive allowable service for a subsequent authorized temporary 
178.12  layoff. 
178.13     (g) Notwithstanding any law to the contrary, "allowable 
178.14  service" also means a parental leave.  The association shall 
178.15  grant a maximum of two months service credit for a parental 
178.16  leave, within six months after the birth or adoption, upon 
178.17  documentation from the member's governmental subdivision or 
178.18  presentation of a birth certificate or other evidence of birth 
178.19  or adoption to the association. 
178.20     (h) "Allowable service" also means a period during which a 
178.21  member is on an authorized leave of absence to enter military 
178.22  service, provided that the member returns to public service upon 
178.23  discharge from military service under section 192.262 and pays 
178.24  into the fund employee contributions based upon the employee's 
178.25  salary at the date of return from military service.  Payment 
178.26  must be made within five years of the date of discharge from the 
178.27  military service.  The amount of these contributions must be in 
178.28  accord with the contribution rates and salary limitations, if 
178.29  any, in effect during the leave, plus interest at an annual rate 
178.30  of 8.5 percent compounded annually from the date of return to 
178.31  public service to the date payment is made.  The matching 
178.32  employer contribution and additional employer contribution under 
178.33  section 353.27, subdivisions 3 and 3a, must be paid by the 
178.34  governmental subdivision employing the member upon return to 
178.35  public service if the member makes the employee contributions.  
178.36  The governmental subdivision involved may appropriate money for 
179.1   those payments.  A member may not receive credit for a voluntary 
179.2   extension of military service at the instance of the member 
179.3   beyond the initial period of enlistment, induction, or call to 
179.4   active duty. 
179.5      (i) For calculating benefits under sections 353.30, 353.31, 
179.6   353.32, and 353.33 for state officers and employees displaced by 
179.7   the Community Corrections Act, chapter 401, and transferred into 
179.8   county service under section 401.04, "allowable service" means 
179.9   combined years of allowable service as defined in paragraphs (a) 
179.10  to (i) and section 352.01, subdivision 11.  
179.11     (j) For a public employee who has prior service covered by 
179.12  a local police or firefighters relief association that has 
179.13  consolidated with the public employees retirement association or 
179.14  to which section 353.665 applies, and who has elected the type 
179.15  of benefit coverage provided by the public employees police and 
179.16  fire fund either under section 353A.08 following the 
179.17  consolidation or under section 353.665, subdivision 4, 
179.18  "applicable service" is a period of service credited by the 
179.19  local police or firefighters relief association as of the 
179.20  effective date of the consolidation based on law and on bylaw 
179.21  provisions governing the relief association on the date of the 
179.22  initiation of the consolidation procedure. 
179.23     (k) "Allowable service" also means a period purchased under 
179.24  section 356.555. 
179.25     Sec. 4.  Minnesota Statutes 2000, section 354.534, 
179.26  subdivision 1, is amended to read: 
179.27     Subdivision 1.  [SERVICE CREDIT PURCHASE AUTHORIZED.] (a) A 
179.28  teacher who has at least three years of allowable service credit 
179.29  with the teachers retirement association is entitled to purchase 
179.30  up to ten years of allowable and formula service credit for 
179.31  out-of-state teaching service by making payment under section 
179.32  356.55, provided the out-of-state teaching service was performed 
179.33  for an educational institution established and operated by 
179.34  another state, governmental subdivision of another state, or the 
179.35  federal government governmental jurisdiction and the teacher is 
179.36  not entitled to receive a current or deferred age and service 
180.1   retirement annuity or disability benefit and has not purchased 
180.2   service credit from another defined benefit public employee 
180.3   pension plan for that out-of-state teaching service. 
180.4      (b) For purposes of paragraph (a), "another governmental 
180.5   jurisdiction" means:  
180.6      (1) another state of the United States; 
180.7      (2) a governmental subdivision of another state of the 
180.8   United States; 
180.9      (3) the federal government; 
180.10     (4) a federally recognized American Indian tribe; or 
180.11     (5) a country other than the United States. 
180.12     Sec. 5.  Minnesota Statutes 2000, section 354.536, 
180.13  subdivision 1, is amended to read: 
180.14     Subdivision 1.  [SERVICE CREDIT PURCHASE AUTHORIZED.] A 
180.15  teacher who has at least three years of allowable service credit 
180.16  with the teachers retirement association is entitled to purchase 
180.17  up to ten years of allowable and formula service credit for 
180.18  developmental achievement center, nonprofit community-based 
180.19  corporation, private, or parochial school teaching service by 
180.20  making payment under section 356.55, provided that the teacher 
180.21  is not entitled to receive a current or deferred age and service 
180.22  retirement annuity or disability benefit from the applicable 
180.23  employer-sponsored pension plan and has not purchased service 
180.24  credit from the applicable defined benefit employer-sponsored 
180.25  pension plan for that service. 
180.26     Sec. 6.  Minnesota Statutes 2000, section 354.539, is 
180.27  amended to read: 
180.28     354.539 [USE OF COLLEGE SUPPLEMENTAL RETIREMENT FUNDS TO 
180.29  PURCHASE SERVICE CREDIT.] 
180.30     (a) Unless prohibited by or subject to a penalty under 
180.31  federal law, a teacher who is a participant in the college 
180.32  supplemental retirement plan established under chapter 354C may 
180.33  utilize the teacher's supplemental plan account to purchase 
180.34  service credit under sections 354.53, 354.533, 354.534, 354.535, 
180.35  354.536, 354.537, and 354.538, 354.541, and 354.542 or to repay 
180.36  a refund under section 354.50. 
181.1      (b) At the request of a member, if determined by the 
181.2   executive director to be eligible to purchase service credit, 
181.3   the executive director shall notify the board of the Minnesota 
181.4   state colleges and universities system of the cost of the 
181.5   purchase and shall request the transfer of funds from the 
181.6   member's college supplemental retirement account to the teachers 
181.7   retirement association.  Upon receipt of the full prior service 
181.8   credit purchase payment amount, the teachers retirement 
181.9   association shall grant the requested allowable and formula 
181.10  service credit. 
181.11     Sec. 7.  [354.541] [PRIOR UNIVERSITY OF MINNESOTA TEACHING 
181.12  SERVICE CREDIT PURCHASE.] 
181.13     Subdivision 1.  [SERVICE CREDIT PURCHASE AUTHORIZED.] A 
181.14  teacher who has at least three years of allowable service credit 
181.15  with the teachers retirement association is entitled to purchase 
181.16  up to ten years of allowable and formula service credit for 
181.17  University of Minnesota teaching service by making payment under 
181.18  section 356.55, provided the teacher is not entitled to receive 
181.19  a current or deferred age and service retirement annuity or 
181.20  disability benefit and has not purchased service credit from 
181.21  another defined benefit public employee pension plan for that 
181.22  University of Minnesota teaching service.  
181.23     Subd. 2.  [APPLICATION AND DOCUMENTATION.] A teacher who 
181.24  desires to purchase service credit under subdivision 1 must 
181.25  apply with the executive director to make the purchase.  The 
181.26  application must include all necessary documentation of the 
181.27  teacher's qualifications to make the purchase, signed written 
181.28  permission to allow the executive director to request and 
181.29  receive necessary verification of applicable facts and 
181.30  eligibility requirements, and any other relevant information 
181.31  that the executive director may require.  Payment must be made 
181.32  before the teacher's effective date of retirement. 
181.33     Subd. 3.  [SERVICE CREDIT GRANT.] Allowable and formula 
181.34  service credit for the purchase period must be granted by the 
181.35  teachers retirement association to the purchasing teacher on 
181.36  receipt of the purchase payment amount. 
182.1      Sec. 8.  [354.542] [PRIOR TEACHING SERVICE CREDIT PURCHASE 
182.2   BY IRAP MEMBERS WITH DEFERRED TEACHERS RETIREMENT ASSOCIATION 
182.3   CREDIT.] 
182.4      A person in covered employment under section 354B.20, 
182.5   subdivision 4, who is a participant in the individual retirement 
182.6   account plan authorized by chapter 354B and who has at least 
182.7   three years of allowable service credit with the teachers 
182.8   retirement association may purchase service credit as provided 
182.9   in sections 354.533 to 354.538 and 354.541. 
182.10     Sec. 9.  Minnesota Statutes 2000, section 354A.098, 
182.11  subdivision 1, is amended to read: 
182.12     Subdivision 1.  [SERVICE CREDIT PURCHASE AUTHORIZED.] (a) A 
182.13  teacher who has at least three years of allowable service credit 
182.14  with one of the retirement fund associations under this chapter 
182.15  and who rendered out-of-state teaching service for an 
182.16  educational institution established and operated by another 
182.17  state, governmental subdivision of another state, or the federal 
182.18  government governmental entity specified in paragraph (b) is 
182.19  entitled to purchase up to ten years of allowable service credit 
182.20  for that out-of-state service by making payment under section 
182.21  356.55, provided the teacher is not entitled to receive a 
182.22  current or deferred age and service retirement annuity or 
182.23  disability benefit and has not purchased service credit from 
182.24  another defined benefit public employee pension plan for that 
182.25  out-of-state teaching service.  Payment must be made before the 
182.26  teacher's effective date of retirement.  
182.27     (b) An eligible governmental entity for purposes of 
182.28  paragraph (a) is: 
182.29     (1) another state of the United States; 
182.30     (2) a governmental subdivision of another state of the 
182.31  United States; 
182.32     (3) the federal government; 
182.33     (4) a federally recognized American Indian tribe; or 
182.34     (5) a public education institution in a foreign country. 
182.35     Sec. 10.  Minnesota Statutes 2000, section 354A.101, 
182.36  subdivision 1, is amended to read: 
183.1      Subdivision 1.  [SERVICE CREDIT PURCHASE AUTHORIZED.] A 
183.2   teacher who has at least three years of allowable service credit 
183.3   with the teachers retirement fund association is entitled to 
183.4   purchase up to ten years of allowable service credit 
183.5   for developmental achievement center, nonprofit community-based 
183.6   corporation, private, or parochial school teaching service by 
183.7   making payment under section 356.55, provided that the teacher 
183.8   is not entitled to receive a current or deferred age and service 
183.9   retirement annuity or disability benefit from the applicable 
183.10  employer-sponsored pension plan and has not purchased service 
183.11  credit from the applicable defined benefit employer-sponsored 
183.12  pension plan for that service. 
183.13     Sec. 11.  Minnesota Statutes 2000, section 354A.106, is 
183.14  amended to read: 
183.15     354A.106 [USE OF COLLEGE SUPPLEMENTAL RETIREMENT FUNDS TO 
183.16  PURCHASE SERVICE CREDIT.] 
183.17     (a) Unless prohibited by or subject to a penalty under 
183.18  federal law, a teacher who is a participant in the college 
183.19  supplemental retirement plan established under chapter 354C may 
183.20  utilize the teacher's supplemental plan account to purchase 
183.21  service credit under sections 354A.097, 354A.098, 354A.099, 
183.22  354A.101, 354A.102, 354A.103, and 354A.104, 354A.107, and 
183.23  354A.108, or to repay a refund under section 354A.38. 
183.24     (b) At the request of a member, if determined by the 
183.25  executive director of the applicable teachers retirement fund 
183.26  association to be eligible to purchase service credit, the 
183.27  executive director shall notify the board of the Minnesota state 
183.28  colleges and universities system of the cost of the purchase and 
183.29  shall request the transfer of funds from the member's college 
183.30  supplemental retirement account to the applicable teachers 
183.31  retirement fund association.  Upon receipt of the full prior 
183.32  service credit purchase payment amount, the applicable teachers 
183.33  retirement fund association shall grant the requested allowable 
183.34  and formula service credit. 
183.35     Sec. 12.  [354A.107] [PRIOR UNIVERSITY OF MINNESOTA 
183.36  TEACHING SERVICE CREDIT PURCHASE.] 
184.1      Subdivision 1.  [SERVICE CREDIT PURCHASE AUTHORIZED.] A 
184.2   teacher who has at least three years of allowable service credit 
184.3   with the teachers retirement fund association is entitled to 
184.4   purchase up to ten years of allowable service credit for 
184.5   University of Minnesota teaching service by making payment under 
184.6   section 356.55, provided the teacher is not entitled to receive 
184.7   a current or deferred age and service retirement annuity or 
184.8   disability benefit and has not purchased service credit from 
184.9   another defined benefit public employee pension plan for that 
184.10  University of Minnesota teaching service.  
184.11     Subd. 2.  [APPLICATION AND DOCUMENTATION.] A teacher who 
184.12  desires to purchase service credit under subdivision 1 must 
184.13  apply with the executive director to make the purchase.  The 
184.14  application must include all necessary documentation of the 
184.15  teacher's qualifications to make the purchase, signed written 
184.16  permission to allow the executive director to request and 
184.17  receive necessary verification of applicable facts and 
184.18  eligibility requirements, and any other relevant information 
184.19  that the executive director may require.  Payment must be made 
184.20  before the teacher's effective date of retirement. 
184.21     Subd. 3.  [SERVICE CREDIT GRANT.] Allowable service credit 
184.22  for the purchase period must be granted by the teachers 
184.23  retirement association to the purchasing teacher on receipt of 
184.24  the purchase payment amount. 
184.25     Sec. 13.  [354A.108] [PRIOR TEACHING SERVICE CREDIT 
184.26  PURCHASE BY IRAP MEMBERS WITH DEFERRED TEACHERS RETIREMENT 
184.27  ASSOCIATION CREDIT.] 
184.28     A teacher who is a participant in the individual retirement 
184.29  account plan authorized by chapter 354B and who has at least 
184.30  three years of allowable service credit with a teachers 
184.31  retirement fund association may purchase service credit as 
184.32  provided in sections 354A.091 to 354A.099 and 354A.101 to 
184.33  354A.107. 
184.34     Sec. 14.  Minnesota Statutes 2000, section 356.55, 
184.35  subdivision 7, is amended to read: 
184.36     Subd. 7.  [EXPIRATION OF PURCHASE PAYMENT DETERMINATION 
185.1   PROCEDURE.] (a) This section expires and is repealed on July 
185.2   1, 2001 2003. 
185.3      (b) Authority for any public pension plan to accept a prior 
185.4   service credit payment calculated in a timely fashion under this 
185.5   section expires on October 1, 2001 2003. 
185.6      Sec. 15.  [356.555] [PARENTAL OR FAMILY LEAVE SERVICE 
185.7   CREDIT PURCHASE.] 
185.8      Subdivision 1.  [SERVICE CREDIT PURCHASE AUTHORIZATION.] (a)
185.9   Notwithstanding any provision to the contrary of the laws 
185.10  governing a plan enumerated in subdivision 4, a member of the 
185.11  pension plan who has at least three years of allowable service 
185.12  covered by the applicable pension plan and who was granted by 
185.13  the employer a parental leave of absence as defined in paragraph 
185.14  (b), or who was granted by the employer a family leave of 
185.15  absence as defined in paragraph (c), or who had a parental- or 
185.16  family-related break in employment, as defined in paragraph (d), 
185.17  for which the person did not previously receive service credit 
185.18  or for which the person did not receive or purchase service 
185.19  credit from another defined benefit public employee pension 
185.20  plan, is entitled to purchase the actual period of the leave or 
185.21  of the break in service, up to five years, of allowable service 
185.22  credit in the applicable retirement plan.  The purchase payment 
185.23  amount is governed by section 356.55. 
185.24     (b) For purposes of this section, a parental leave of 
185.25  absence is a temporary period of interruption of or separation 
185.26  from active employment for the purposes of handling maternity or 
185.27  paternity duties that has been approved by the employing unit 
185.28  and that includes the right of reinstatement to employment. 
185.29     (c) For purposes of this section, a family leave of absence 
185.30  is a family leave under United States Code, title 42, section 
185.31  12631, as amended. 
185.32     (d) For purposes of this section, a parental- or 
185.33  family-related break in employment is a period following a 
185.34  termination of active employment primarily for the purpose of 
185.35  the birth of a child, the adoption of a child, or the provision 
185.36  of care to a near relative or in-law, after which the person 
186.1   returned to the prior employing unit or to an employing unit 
186.2   covered by the same pension plan that provided retirement 
186.3   coverage immediately prior to the termination of employment. 
186.4      Subd. 2.  [APPLICATION AND DOCUMENTATION.] A person who 
186.5   desires to purchase service credit under subdivision 1 must 
186.6   apply for the service credit purchase with the chief 
186.7   administrative officer of the enumerated pension plan.  The 
186.8   application must include all necessary documentation of the 
186.9   qualifications of the person to make the purchase, signed 
186.10  written permission to allow the chief administrative officer to 
186.11  request and receive necessary verification of all applicable 
186.12  facts and eligibility requirements, and any other relevant 
186.13  information that the chief administrative officer may require. 
186.14     Subd. 3.  [SERVICE CREDIT GRANT.] Allowable service credit 
186.15  in the applicable enumerated pension plan for the purchase 
186.16  period must be granted to the purchaser upon receipt of the 
186.17  purchase payment amount calculated under section 356.55.  
186.18  Payment of the purchase amount must be made before the person 
186.19  retires. 
186.20     Subd. 4.  [COVERED PENSION PLANS.] This section applies to 
186.21  the following pension plans: 
186.22     (1) general state employees retirement plan governed by 
186.23  chapter 352; 
186.24     (2) correctional state employees retirement plan governed 
186.25  by chapter 352; 
186.26     (3) general public employees retirement plan governed by 
186.27  chapter 353; 
186.28     (4) public employees police and fire plan governed by 
186.29  chapter 353; 
186.30     (5) teachers retirement plan governed by chapter 354; 
186.31     (6) Minneapolis teachers retirement fund association 
186.32  governed by chapter 354A; 
186.33     (7) Saint Paul teachers retirement fund association 
186.34  governed by chapter 354A; 
186.35     (8) Minneapolis employees retirement plan governed by 
186.36  chapter 422A; 
187.1      (9) Minneapolis police relief association governed by 
187.2   chapter 423B; and 
187.3      (10) Minneapolis fire department relief association 
187.4   governed by sections 69.25 to 69.53 and augmented by Laws 1959, 
187.5   chapters 213, 491, and 568, and other special local legislation. 
187.6      Sec. 16.  Minnesota Statutes 2000, section 422A.155, is 
187.7   amended to read: 
187.8      422A.155 [DETERMINATION OF SERVICE CREDIT.] 
187.9      (a) Notwithstanding the provisions of section 422A.15, 
187.10  subdivision 1, no employee of the contributing class of the 
187.11  Minneapolis employees retirement fund shall be entitled to 
187.12  receive a year of service credit during the employee's final 
187.13  year of service unless the employee is employed and has received 
187.14  compensation from the city of Minneapolis or other applicable 
187.15  employing unit during each of the calendar months making up the 
187.16  year for which the employee would usually be employed.  Any 
187.17  employee of the contributing class who is employed and receives 
187.18  compensation in fewer than the usual number of calendar months 
187.19  during the final year of service shall receive credit for that 
187.20  portion of a year that the employee's completed months of 
187.21  employment and receipt of compensation bears to the usual number 
187.22  of months which the employee would usually be employed.  
187.23     (b) Notwithstanding any provision of this chapter to the 
187.24  contrary, service credit also means a period purchased under 
187.25  section 356.555. 
187.26     Sec. 17.  Minnesota Statutes 2000, section 423B.01, is 
187.27  amended by adding a subdivision to read: 
187.28     Subd. 3a.  [ALLOWABLE SERVICE CREDIT.] "Allowable service 
187.29  credit" means: 
187.30     (1) service rendered as an active member; 
187.31     (2) service as an elected public official under section 
187.32  423B.03; 
187.33     (3) military service credited under section 423B.09, 
187.34  subdivision 3; and 
187.35     (4) a period of service purchased under section 356.555. 
187.36     Sec. 18.  [MINNEAPOLIS FIRE DEPARTMENT RELIEF ASSOCIATION; 
188.1   PARENTAL LEAVE PURCHASE.] 
188.2      Notwithstanding any provision of Minnesota Statutes, 
188.3   sections 69.25 to 69.53; Laws 1959, chapters 213, 491, and 568; 
188.4   or any other special local law governing the Minneapolis fire 
188.5   department relief association to the contrary, service credit 
188.6   for the purposes of calculating service pensions, disability 
188.7   benefits, or survivor benefits includes a period purchased under 
188.8   Minnesota Statutes, section 356.555. 
188.9      Sec. 19.  [EXPIRATION DATE.] 
188.10     (a) The amendments in sections 1, 2, 3, 14, 15, 16, 17, and 
188.11  18 expire May 16, 2003. 
188.12     (b) Sections 8 and 13 expire May 16, 2002. 
188.13     Sec. 20.  [EFFECTIVE DATE.] 
188.14     (a) Sections 5 and 9 are effective the day following final 
188.15  enactment. 
188.16     (b) Sections 1 to 4, 6 to 8, and 10 to 19 are effective 
188.17  July 1, 2001. 
188.18                             ARTICLE 8
188.19         STATE PATROL RETIREMENT PLAN MEMBERSHIP EXPANSION
188.20     Section 1.  Minnesota Statutes 2000, section 352.01, 
188.21  subdivision 2b, is amended to read: 
188.22     Subd. 2b.  [EXCLUDED EMPLOYEES.] "State employee" does not 
188.23  include: 
188.24     (1) elective state officers; 
188.25     (2) students employed by the University of Minnesota, the 
188.26  state universities, and community colleges unless approved for 
188.27  coverage by the board of regents or the board of trustees of the 
188.28  Minnesota state colleges and universities, as the case may be; 
188.29     (3) employees who are eligible for membership in the state 
188.30  teachers retirement association except employees of the 
188.31  department of children, families, and learning who have chosen 
188.32  or may choose to be covered by the Minnesota state retirement 
188.33  system instead of the teachers retirement association; 
188.34     (4) employees of the University of Minnesota who are 
188.35  excluded from coverage by action of the board of regents; 
188.36     (5) officers and enlisted personnel in the national guard 
189.1   and the naval militia who are assigned to permanent peacetime 
189.2   duty and who under federal law are or are required to be members 
189.3   of a federal retirement system; 
189.4      (6) election officers; 
189.5      (7) persons engaged in public work for the state but 
189.6   employed by contractors when the performance of the contract is 
189.7   authorized by the legislature or other competent authority; 
189.8      (8) officers and employees of the senate and house of 
189.9   representatives or a legislative committee or commission who are 
189.10  temporarily employed; 
189.11     (9) receivers, jurors, notaries public, and court employees 
189.12  who are not in the judicial branch as defined in section 43A.02, 
189.13  subdivision 25, except referees and adjusters employed by the 
189.14  department of labor and industry; 
189.15     (10) patient and inmate help in state charitable, penal, 
189.16  and correctional institutions including the Minnesota veterans 
189.17  home; 
189.18     (11) persons employed for professional services where the 
189.19  service is incidental to regular professional duties and whose 
189.20  compensation is paid on a per diem basis; 
189.21     (12) employees of the Sibley House Association; 
189.22     (13) the members of any state board or commission who serve 
189.23  the state intermittently and are paid on a per diem basis; the 
189.24  secretary, secretary-treasurer, and treasurer of those boards if 
189.25  their compensation is $5,000 or less per year, or, if they are 
189.26  legally prohibited from serving more than three years; and the 
189.27  board of managers of the state agricultural society and its 
189.28  treasurer unless the treasurer is also its full-time secretary; 
189.29     (14) state troopers; 
189.30     (15) temporary employees of the Minnesota state fair 
189.31  employed on or after July 1 for a period not to extend beyond 
189.32  October 15 of that year; and persons employed at any time by the 
189.33  state fair administration for special events held on the 
189.34  fairgrounds; 
189.35     (16) emergency employees in the classified service; except 
189.36  that if an emergency employee, within the same pay period, 
190.1   becomes a provisional or probationary employee on other than a 
190.2   temporary basis, the employee shall be considered a "state 
190.3   employee" retroactively to the beginning of the pay period; 
190.4      (17) persons described in section 352B.01, subdivision 2, 
190.5   clauses (2) to (5) (6); 
190.6      (18) temporary employees in the classified service, and 
190.7   temporary employees in the unclassified service appointed for a 
190.8   definite period of not more than six months and employed less 
190.9   than six months in any one-year period; 
190.10     (19) trainee employees, except those listed in subdivision 
190.11  2a, clause (10); 
190.12     (20) persons whose compensation is paid on a fee basis; 
190.13     (21) state employees who in any year have credit for 12 
190.14  months service as teachers in the public schools of the state 
190.15  and as teachers are members of the teachers retirement 
190.16  association or a retirement system in St. Paul, Minneapolis, or 
190.17  Duluth; 
190.18     (22) employees of the adjutant general employed on an 
190.19  unlimited intermittent or temporary basis in the classified and 
190.20  unclassified service for the support of army and air national 
190.21  guard training facilities; 
190.22     (23) chaplains and nuns who are excluded from coverage 
190.23  under the federal Old Age, Survivors, Disability, and Health 
190.24  Insurance Program for the performance of service as specified in 
190.25  United States Code, title 42, section 410(a)(8)(A), as amended, 
190.26  if no irrevocable election of coverage has been made under 
190.27  section 3121(r) of the Internal Revenue Code of 1986, as amended 
190.28  through December 31, 1992; 
190.29     (24) examination monitors employed by departments, 
190.30  agencies, commissions, and boards to conduct examinations 
190.31  required by law; 
190.32     (25) persons appointed to serve as members of fact-finding 
190.33  commissions or adjustment panels, arbitrators, or labor referees 
190.34  under chapter 179; 
190.35     (26) temporary employees employed for limited periods under 
190.36  any state or federal program for training or rehabilitation 
191.1   including persons employed for limited periods from areas of 
191.2   economic distress except skilled and supervisory personnel and 
191.3   persons having civil service status covered by the system; 
191.4      (27) full-time students employed by the Minnesota 
191.5   historical society intermittently during part of the year and 
191.6   full-time during the summer months; 
191.7      (28) temporary employees, appointed for not more than six 
191.8   months, of the metropolitan council and of any of its statutory 
191.9   boards, if the board members are appointed by the metropolitan 
191.10  council; 
191.11     (29) persons employed in positions designated by the 
191.12  department of employee relations as student workers; 
191.13     (30) members of trades employed by the successor to the 
191.14  metropolitan waste control commission with trade union pension 
191.15  plan coverage under a collective bargaining agreement first 
191.16  employed after June 1, 1977; 
191.17     (31) persons employed in subsidized on-the-job training, 
191.18  work experience, or public service employment as enrollees under 
191.19  the federal Comprehensive Employment and Training Act after 
191.20  March 30, 1978, unless the person has as of the later of March 
191.21  30, 1978, or the date of employment sufficient service credit in 
191.22  the retirement system to meet the minimum vesting requirements 
191.23  for a deferred annuity, or the employer agrees in writing on 
191.24  forms prescribed by the director to make the required employer 
191.25  contributions, including any employer additional contributions, 
191.26  on account of that person from revenue sources other than funds 
191.27  provided under the federal Comprehensive Employment and Training 
191.28  Act, or the person agrees in writing on forms prescribed by the 
191.29  director to make the required employer contribution in addition 
191.30  to the required employee contribution; 
191.31     (32) off-duty peace officers while employed by the 
191.32  metropolitan council; 
191.33     (33) persons who are employed as full-time police officers 
191.34  by the metropolitan council and as police officers are members 
191.35  of the public employees police and fire fund; 
191.36     (34) persons who are employed as full-time firefighters by 
192.1   the department of military affairs and as firefighters are 
192.2   members of the public employees police and fire fund; 
192.3      (35) foreign citizens with a work permit of less than three 
192.4   years, or an H-1b/JV visa valid for less than three years of 
192.5   employment, unless notice of extension is supplied which allows 
192.6   them to work for three or more years as of the date the 
192.7   extension is granted, in which case they are eligible for 
192.8   coverage from the date extended; and 
192.9      (36) persons who are employed by the board of trustees of 
192.10  the Minnesota state colleges and universities and who elect to 
192.11  remain members of the public employees retirement association or 
192.12  the Minneapolis employees retirement fund, whichever applies, 
192.13  under section 136C.75. 
192.14     Sec. 2.  Minnesota Statutes 2000, section 352B.01, 
192.15  subdivision 2, is amended to read: 
192.16     Subd. 2.  [MEMBER.] "Member" means: 
192.17     (a) persons referred to and (1) a state patrol member 
192.18  currently employed after June 30, 1943, under Laws 1929, chapter 
192.19  355, as amended or supplemented, currently employed section 
192.20  299D.03 by the state, who is a peace officer under section 
192.21  626.84, and whose salaries salary or compensation is paid out of 
192.22  state funds; 
192.23     (b) (2) a conservation officer employed under section 
192.24  97A.201, currently employed by the state, whose salary or 
192.25  compensation is paid out of state funds; 
192.26     (c) (3) a crime bureau officer who was employed by the 
192.27  crime bureau and was a member of the highway patrolmen's 
192.28  retirement fund on July 1, 1978, whether or not that person has 
192.29  the power of arrest by warrant after that date, or who is 
192.30  employed as police personnel, with powers of arrest by warrant 
192.31  under section 299C.04, and who is currently employed by the 
192.32  state, and whose salary or compensation is paid out of state 
192.33  funds; 
192.34     (d) (4) a person who is employed by the state in the 
192.35  department of public safety in a data processing management 
192.36  position with salary or compensation paid from state funds, who 
193.1   was a crime bureau officer covered by the state patrol 
193.2   retirement plan on August 15, 1987, and who was initially hired 
193.3   in the data processing management position within the department 
193.4   during September 1987, or January 1988, with membership 
193.5   continuing for the duration of the person's employment in that 
193.6   position, whether or not the person has the power of arrest by 
193.7   warrant after August 15, 1987; and 
193.8      (e) (5) a public safety employees employee defined as a 
193.9   peace officers officer in section 626.84, subdivision 1, 
193.10  paragraph (c), and employed with the division of alcohol and 
193.11  gambling enforcement under section 299L.01; and 
193.12     (6) a fugitive apprehension unit officer after October 31, 
193.13  2000, employed by the office of special investigations of the 
193.14  department of corrections who is a peace officer under section 
193.15  626.84.  
193.16     Sec. 3.  [DISPOSITION OF CERTAIN CONTRIBUTIONS.] 
193.17     (a) The employee contributions for the period November 1, 
193.18  2000, to the effective date of this section for a person 
193.19  described in Minnesota Statutes, section 352B.01, subdivision 2, 
193.20  clause (6), must be transferred, with 8.5 percent per annum 
193.21  interest for the period from the date of the contribution to the 
193.22  date of transfer, from the general state employees retirement 
193.23  plan of the Minnesota state retirement system to the state 
193.24  patrol retirement fund. 
193.25     (b) The employer contributions associated with the employee 
193.26  contributions governed by paragraph (a) also must be transferred 
193.27  for the period from the date of the contribution to the date of 
193.28  transfer, with 8.5 percent per annum interest, from the general 
193.29  state employees retirement plan of the Minnesota state 
193.30  retirement system to the state patrol retirement fund. 
193.31     (c) A person described in Minnesota Statutes, section 
193.32  352B.01, subdivision 2, clause (6), must pay, by additional 
193.33  payroll deduction, to the state patrol retirement fund an amount 
193.34  equal to the difference between the transferred employee 
193.35  contributions and interest and the full member contribution 
193.36  under Minnesota Statutes, section 352B.02, subdivision 1a, plus 
194.1   8.5 percent per annum interest on the balance from March 1, 
194.2   2001, to the date the additional payment is complete.  The 
194.3   additional payment must be completed by December 31, 2001, or by 
194.4   the date of retirement, whichever is earlier. 
194.5      (d) The department of corrections, for each person 
194.6   described in Minnesota Statutes, section 352B.01, subdivision 2, 
194.7   clause (6), must pay, in a lump sum on July 1, 2001, to the 
194.8   state patrol retirement fund an amount equal to the difference 
194.9   between the transferred employer contributions and interest and 
194.10  the full employer contribution under Minnesota Statutes, section 
194.11  352B.02, subdivision 1c, plus 8.5 percent per annum interest on 
194.12  the amount from March 1, 2001, to July 1, 2001. 
194.13     Sec. 4.  [EFFECTIVE DATE.] 
194.14     Sections 1 and 2 are effective retroactively to November 1, 
194.15  2000.  Section 3 is effective on the day following final 
194.16  enactment. 
194.17                             ARTICLE 9 
194.18           PRIVATIZED PUBLIC EMPLOYEE DISABILITY COVERAGE
194.19     Section 1.  [352F.051] [CONTINUATION OF DISABILITY 
194.20  COVERAGE.] 
194.21     Subdivision 1.  [ELIGIBILITY.] A terminated hospital 
194.22  employee who is totally and permanently disabled under section 
194.23  352.01, subdivision 17, and who had a medically documented 
194.24  preexisting condition of the disability before January 1, 1997, 
194.25  may apply under Minnesota Statutes 1996, section 352.113, 
194.26  subdivision 1, for a disability benefit. 
194.27     Subd. 2.  [CALCULATION OF BENEFITS.] A person qualifying 
194.28  under subdivision 1 is entitled to receive a disability benefit 
194.29  calculated under Minnesota Statutes 1996, section 352.113, 
194.30  subdivision 3.  The disability benefit must be augmented under 
194.31  section 352.72, subdivision 2, from January 1, 1997, to the date 
194.32  on which the disability benefit begins to accrue. 
194.33     Subd. 3.  [APPLICABILITY OF GENERAL LAW.] Except as 
194.34  otherwise provided, section 352.113 applies to a person who 
194.35  qualifies for disability under subdivision 1. 
194.36     Sec. 2.  [353F.051] [CONTINUATION OF DISABILITY COVERAGE.] 
195.1      Subdivision 1.  [ELIGIBILITY.] A terminated medical 
195.2   facility or other public employing unit employee who is totally 
195.3   and permanently disabled under Minnesota Statutes 1998, section 
195.4   353.01, subdivision 19, and who had a medically documented 
195.5   preexisting condition of the disability before the termination 
195.6   of coverage, may apply for a disability benefit. 
195.7      Subd. 2.  [CALCULATION OF BENEFITS.] A person qualifying 
195.8   under subdivision 1 is entitled to receive a disability benefit 
195.9   calculated under Minnesota Statutes 1998, section 353.33, 
195.10  subdivision 3.  The disability benefit must be augmented under 
195.11  Minnesota Statutes 1998, section 353.71, subdivision 2, from the 
195.12  date of termination to the date the disability benefit begins to 
195.13  accrue. 
195.14     Subd. 3.  [APPLICABILITY OF GENERAL LAW.] Except as 
195.15  otherwise provided, Minnesota Statutes 1998, section 353.33, 
195.16  applies to a person who qualifies for disability under 
195.17  subdivision 1. 
195.18     Sec. 3.  [EFFECTIVE DATE.] 
195.19     (a) Sections 1 and 2 are effective the day following final 
195.20  enactment. 
195.21     (b) A disability benefit under section 1 is payable 
195.22  retroactively to March 1, 2000, or to the first of the month 
195.23  next following the date on which the eligible person attempted 
195.24  to apply for a disability benefit from the general state 
195.25  employees retirement plan of the Minnesota state retirement 
195.26  system, whichever is later. 
195.27                             ARTICLE 10
195.28                 PERA-GENERAL MEMBERSHIP INCLUSIONS
195.29     Section 1.  Minnesota Statutes 2000, section 353.01, 
195.30  subdivision 2a, is amended to read: 
195.31     Subd. 2a.  [INCLUDED EMPLOYEES.] Public employees whose 
195.32  salary from one governmental subdivision exceeds $425 in any 
195.33  month shall participate as members of the association.  If the 
195.34  salary of an employee is less than $425 in a subsequent month, 
195.35  the employee retains membership eligibility.  The following 
195.36  persons are considered public employees: 
196.1      (1) employees whose annual salary from one governmental 
196.2   subdivision exceeds a stipulation prepared in advance, in 
196.3   writing, to be not more than $5,100 per calendar year or per 
196.4   school year for school employees for employment expected to be 
196.5   of a full year's duration or more than the prorated portion of 
196.6   $5,100 per employment period expected to be of less than a full 
196.7   year's duration.  If compensation from one governmental 
196.8   subdivision to an employee under this clause exceeds $5,100 per 
196.9   calendar year or school year after being stipulated in advance 
196.10  not to exceed that amount, the stipulation is no longer valid 
196.11  and contributions must be made on behalf of the employee under 
196.12  section 353.27, subdivision 12, from the month in which the 
196.13  employee's salary first exceeded $425; 
196.14     (2) employees whose total salary from concurrent 
196.15  nontemporary positions in one governmental subdivision exceeds 
196.16  $425 in any month; 
196.17     (3) elected officers for service to which they were elected 
196.18  by the public-at-large, or persons appointed to fill a vacancy 
196.19  in an elective office, who elect to participate by filing an 
196.20  application for membership, but not for service on a joint or 
196.21  regional board that is a governmental subdivision under 
196.22  subdivision 6, paragraph (a), unless the salary earned for that 
196.23  service exceeds $425 in any month.  The option to become a 
196.24  member, once exercised, may not be withdrawn during the 
196.25  incumbency of the person in office; 
196.26     (4) members who are appointed by the governor to be a state 
196.27  department head and elect not to be covered by the Minnesota 
196.28  state retirement system under section 352.021; 
196.29     (5) employees of elected officers; 
196.30     (6) persons who elect to remain members under section 
196.31  480.181, subdivision 2; 
196.32     (7) employees of a school district who receive separate 
196.33  salaries for driving their own buses; 
196.34     (8) employees of the Minnesota association of townships 
196.35  when the board of the association, at its option, certifies to 
196.36  the executive director that its employees are to be included for 
197.1   purposes of retirement coverage, in which case coverage of all 
197.2   employees of the association is permanent; 
197.3      (9) employees of a county historical society who are county 
197.4   employees; 
197.5      (10) employees of a county historical society located in 
197.6   the county whom the county, at its option, certifies to the 
197.7   executive director to be county employees for purposes of 
197.8   retirement coverage under this chapter, which status must be 
197.9   accorded to all similarly situated county historical society 
197.10  employees and, once established, must continue as long as a 
197.11  person is an employee of the county historical society and is 
197.12  not excluded under subdivision 2b; and 
197.13     (11) employees who became members before July 1, 1988, 
197.14  based on the total salary of positions held in more than one 
197.15  governmental subdivision; and 
197.16     (12) full-time employees of the Dakota county agricultural 
197.17  society. 
197.18     Sec. 2.  Minnesota Statutes 2000, section 353.01, 
197.19  subdivision 2b, is amended to read: 
197.20     Subd. 2b.  [EXCLUDED EMPLOYEES.] The following public 
197.21  employees shall not participate as members of the association 
197.22  with retirement coverage by the public employees retirement plan 
197.23  or the public employees police and fire retirement plan: 
197.24     (1) elected public officers, or persons appointed to fill a 
197.25  vacancy in an elective office, who do not elect to participate 
197.26  in the association by filing an application for membership; 
197.27     (2) election officers; 
197.28     (3) patient and inmate personnel who perform services in 
197.29  charitable, penal, or correctional institutions of a 
197.30  governmental subdivision; 
197.31     (4) employees who are hired for a temporary position under 
197.32  subdivision 12a, and employees who resign from a nontemporary 
197.33  position and accept a temporary position within 30 days in the 
197.34  same governmental subdivision, but not those employees who are 
197.35  hired for an unlimited period but are serving a probationary 
197.36  period.  If the period of employment extends beyond six 
198.1   consecutive months and the employee earns more than $425 from 
198.2   one governmental subdivision in any one calendar month, the 
198.3   department head shall report the employee for membership and 
198.4   require employee deductions be made on behalf of the employee 
198.5   under section 353.27, subdivision 4. 
198.6      Membership eligibility of an employee who resigns or is 
198.7   dismissed from a temporary position and within 30 days accepts 
198.8   another temporary position in the same governmental subdivision 
198.9   is determined on the total length of employment rather than on 
198.10  each separate position.  Membership eligibility of an employee 
198.11  who holds concurrent temporary and nontemporary positions in one 
198.12  governmental subdivision is determined by the length of 
198.13  employment and salary of each separate position; 
198.14     (5) employees whose actual salary from one governmental 
198.15  subdivision does not exceed $425 per month, or whose annual 
198.16  salary from one governmental subdivision does not exceed a 
198.17  stipulation prepared in advance, in writing, that the salary 
198.18  must not exceed $5,100 per calendar year or per school year for 
198.19  school employees for employment expected to be of a full year's 
198.20  duration or more than the prorated portion of $5,100 per 
198.21  employment period for employment expected to be of less than a 
198.22  full year's duration; 
198.23     (6) employees who are employed by reason of work emergency 
198.24  caused by fire, flood, storm, or similar disaster; 
198.25     (7) employees who by virtue of their employment in one 
198.26  governmental subdivision are required by law to be a member of 
198.27  and to contribute to any of the plans or funds administered by 
198.28  the Minnesota state retirement system, the teachers retirement 
198.29  association, the Duluth teachers retirement fund association, 
198.30  the Minneapolis teachers retirement association, the St. Paul 
198.31  teachers retirement fund association, the Minneapolis employees 
198.32  retirement fund, or any police or firefighters relief 
198.33  association governed by section 69.77 that has not consolidated 
198.34  with the public employees retirement association, or any local 
198.35  police or firefighters consolidation account but who have not 
198.36  elected the type of benefit coverage provided by the public 
199.1   employees police and fire fund under sections 353A.01 to 
199.2   353A.10, or any persons covered by section 353.665, subdivision 
199.3   4, 5, or 6, who have not elected public employees police and 
199.4   fire plan benefit coverage.  This clause must not be construed 
199.5   to prevent a person from being a member of and contributing to 
199.6   the public employees retirement association and also belonging 
199.7   to and contributing to another public pension fund for other 
199.8   service occurring during the same period of time.  A person who 
199.9   meets the definition of "public employee" in subdivision 2 by 
199.10  virtue of other service occurring during the same period of time 
199.11  becomes a member of the association unless contributions are 
199.12  made to another public retirement fund on the salary based on 
199.13  the other service or to the teachers retirement association by a 
199.14  teacher as defined in section 354.05, subdivision 2; 
199.15     (8) persons who are excluded from coverage under the 
199.16  federal Old Age, Survivors, Disability, and Health Insurance 
199.17  Program for the performance of service as specified in United 
199.18  States Code, title 42, section 410(a)(8)(A), as amended through 
199.19  January 1, 1987, if no irrevocable election of coverage has been 
199.20  made under section 3121(r) of the Internal Revenue Code of 1954, 
199.21  as amended; 
199.22     (9) full-time students who are enrolled and are regularly 
199.23  attending classes at an accredited school, college, or 
199.24  university and who are part-time employees as defined by a 
199.25  governmental subdivision; 
199.26     (10) resident physicians, medical interns, and pharmacist 
199.27  residents and pharmacist interns who are serving in a degree or 
199.28  residency program in public hospitals; 
199.29     (11) students who are serving in an internship or residency 
199.30  program sponsored by an accredited educational institution; 
199.31     (12) persons who hold a part-time adult supplementary 
199.32  technical college license who render part-time teaching service 
199.33  in a technical college; 
199.34     (13) foreign citizens working for a governmental 
199.35  subdivision with a work permit of less than three years, or an 
199.36  H-1b visa valid for less than three years of employment.  Upon 
200.1   notice to the association that the work permit or visa extends 
200.2   beyond the three-year period, the foreign citizens are eligible 
200.3   for membership from the date of the extension; 
200.4      (14) public hospital employees who elected not to 
200.5   participate as members of the association before 1972 and who 
200.6   did not elect to participate from July 1, 1988, to October 1, 
200.7   1988; 
200.8      (15) except as provided in section 353.86, volunteer 
200.9   ambulance service personnel, as defined in subdivision 35, but 
200.10  persons who serve as volunteer ambulance service personnel may 
200.11  still qualify as public employees under subdivision 2 and may be 
200.12  members of the public employees retirement association and 
200.13  participants in the public employees retirement fund or the 
200.14  public employees police and fire fund on the basis of 
200.15  compensation received from public employment service other than 
200.16  service as volunteer ambulance service personnel; 
200.17     (16) except as provided in section 353.87, volunteer 
200.18  firefighters, as defined in subdivision 36, engaging in 
200.19  activities undertaken as part of volunteer firefighter duties; 
200.20  provided that a person who is a volunteer firefighter may still 
200.21  qualify as a public employee under subdivision 2 and may be a 
200.22  member of the public employees retirement association and a 
200.23  participant in the public employees retirement fund or the 
200.24  public employees police and fire fund on the basis of 
200.25  compensation received from public employment activities other 
200.26  than those as a volunteer firefighter; 
200.27     (17) pipefitters and associated trades personnel employed 
200.28  by independent school district No. 625, St. Paul, with 
200.29  coverage under a collective bargaining agreement by the 
200.30  pipefitters local 455 pension plan under a collective bargaining 
200.31  agreement who were either first employed after May 1, 1997, or, 
200.32  if first employed before May 2, 1997, elected to be excluded 
200.33  under Laws 1997, chapter 241, article 2, section 12; and 
200.34     (18) electrical workers, plumbers, carpenters, and 
200.35  associated trades personnel employed by independent school 
200.36  district No. 625, St. Paul, or the city of St. Paul, with 
201.1   coverage under a collective bargaining agreement by the 
201.2   electrical workers local 110 pension plan, the united 
201.3   association plumbers local 34 pension plan, or the carpenters 
201.4   local 87 pension plan under a collective bargaining agreement 
201.5   who were either first employed after May 1, 2000, or, if first 
201.6   employed before May 2, 2000, elected to be excluded under Laws 
201.7   2000, chapter 461, article 7, section 5.; 
201.8      (19) bricklayers, allied craftworkers, cement masons, 
201.9   glaziers, glassworkers, painters, allied tradesworkers, and 
201.10  plasterers employed by the city of St. Paul or independent 
201.11  school district No. 625, St. Paul, with coverage under a 
201.12  collective bargaining agreement by the bricklayers and allied 
201.13  craftworkers local 1 pension plan, the cement masons local 633 
201.14  pension plan, the glaziers and glassworkers local L-1324 pension 
201.15  plan, the painters and allied trades local 61 pension plan, or 
201.16  the Twin Cities plasterers local 265 pension plan who were 
201.17  either first employed after May 1, 2001, or if first employed 
201.18  before May 2, 2001, elected to be excluded under section 6; and 
201.19     (20) plumbers employed by the metropolitan airports 
201.20  commission with coverage under a collective bargaining agreement 
201.21  by the plumbers local 34 pension plan who were either first 
201.22  employed after May 1, 2001, or if first employed before May 2, 
201.23  2001, elected to be excluded under section 6. 
201.24     Sec. 3.  Minnesota Statutes 2000, section 353.01, 
201.25  subdivision 6, is amended to read: 
201.26     Subd. 6.  [GOVERNMENTAL SUBDIVISION.] (a) "Governmental 
201.27  subdivision" means a county, city, town, school district within 
201.28  this state, or a department or unit of state government, or any 
201.29  public body whose revenues are derived from taxation, fees, 
201.30  assessments or from other sources. 
201.31     (b) Governmental subdivision also means the public 
201.32  employees retirement association, the league of Minnesota 
201.33  cities, the association of metropolitan municipalities, public 
201.34  hospitals owned or operated by, or an integral part of, a 
201.35  governmental subdivision or governmental subdivisions, the 
201.36  association of Minnesota counties, the metropolitan intercounty 
202.1   association, the Minnesota municipal utilities association, the 
202.2   metropolitan airports commission, the Minneapolis employees 
202.3   retirement fund for employment initially commenced after June 
202.4   30, 1979, the range association of municipalities and schools, 
202.5   soil and water conservation districts, and economic development 
202.6   authorities created or operating under sections 469.090 to 
202.7   469.108, the Spring Lake Park fire department, incorporated, and 
202.8   the Dakota county agricultural society. 
202.9      (c) Governmental subdivision does not mean any municipal 
202.10  housing and redevelopment authority organized under the 
202.11  provisions of sections 469.001 to 469.047; or any port authority 
202.12  organized under sections 469.048 to 469.089; or any hospital 
202.13  district organized or reorganized prior to July 1, 1975, under 
202.14  sections 447.31 to 447.37 or the successor of the district, nor 
202.15  the Minneapolis community development agency.  
202.16     Sec. 4.  [383D.48] [METROPOLITAN INTER-COUNTY ASSOCIATION.] 
202.17     Notwithstanding any other law to the contrary, Dakota 
202.18  county may provide financial and accounting services, including 
202.19  payroll management and records, to the Metropolitan Inter-county 
202.20  Association.  Notwithstanding this section, Metropolitan 
202.21  Inter-county Association employees are not county employees for 
202.22  any purpose. 
202.23     Sec. 5.  [383D.49] [AGRICULTURAL SOCIETY.] 
202.24     Notwithstanding any other law to the contrary, Dakota 
202.25  county may provide financial and accounting services, including 
202.26  payroll management and records, to the Dakota county 
202.27  agricultural society and may determine that employees of the 
202.28  society are county employees for the purposes of section 471.61. 
202.29  Dakota county agricultural society employees are not county 
202.30  employees for any other purpose. 
202.31     Sec. 6.  [PUBLIC PENSION COVERAGE EXCLUSION FOR CERTAIN 
202.32  TRADES PERSONNEL.] 
202.33     Subdivision 1.  [EXCLUSION ELECTION.] (a) A bricklayer, 
202.34  allied craftworker, cement mason, glazier, glassworker, painter, 
202.35  allied tradesworker, or plasterer who is employed by the city of 
202.36  St. Paul or independent school district No. 625, St. Paul, on 
203.1   the effective date of this section and who has pension coverage 
203.2   under a collective bargaining agreement by the bricklayers and 
203.3   allied craftworkers local 1 pension plan, the cement masons 
203.4   local 633 pension plan, the glaziers and glassworkers local 
203.5   L-1324 pension plan, the painters and allied trades local 61 
203.6   pension plan, or the Twin Cities plasterers local 265 pension 
203.7   plan may elect to be excluded from pension coverage by the 
203.8   public employees retirement association. 
203.9      (b) A plumber who is employed by the metropolitan airports 
203.10  commission on the effective date of this section and who has 
203.11  pension coverage under a collective bargaining agreement by the 
203.12  plumbers local 34 pension plan may elect to be excluded from 
203.13  pension coverage by the public employees retirement association. 
203.14     (c) The exclusion election under this section must be made 
203.15  in writing on a form prescribed by the executive director of the 
203.16  public employees retirement association and must be filed with 
203.17  the executive director.  The exclusion election is irrevocable.  
203.18  Authority to make the coverage exclusion expires on January 1, 
203.19  2002. 
203.20     Subd. 2.  [ELIGIBILITY FOR MEMBER CONTRIBUTION REFUND.] A 
203.21  person who has less than three years of allowable service in the 
203.22  public employees retirement association and who elects the 
203.23  pension coverage exclusion under subdivision 1 is entitled to 
203.24  immediately apply for a refund under Minnesota Statutes, section 
203.25  353.34, subdivisions 1 and 2, following the effective date of 
203.26  the exclusion election. 
203.27     Subd. 3.  [DEFERRED ANNUITY ELIGIBILITY.] In lieu of the 
203.28  refund under subdivision 2, a person who elects the pension 
203.29  coverage exclusion under subdivision 1 is entitled to a deferred 
203.30  retirement annuity under Minnesota Statutes, sections 353.34, 
203.31  subdivision 3; and 353.71, subdivision 2, based on any length of 
203.32  allowable service credit under Minnesota Statutes, section 
203.33  353.01, subdivision 16, to the credit of the person as of the 
203.34  date of the coverage exclusion election. 
203.35     Sec. 7.  [DAKOTA COUNTY AGRICULTURAL SOCIETY EMPLOYEE 
203.36  PENSION CERTIFICATION.] 
204.1      Notwithstanding section 5, the Dakota county board of 
204.2   commissioners may certify to the executive director of the 
204.3   public employees retirement association that full-time employees 
204.4   of the Dakota county agricultural society are county employees 
204.5   for purposes of retirement coverage under Minnesota Statutes, 
204.6   chapter 353, which status must be accorded to all similarly 
204.7   situated Dakota county agricultural society employees. 
204.8      Sec. 8.  [EFFECTIVE DATE; LOCAL APPROVAL.] 
204.9      (a) Sections 1, 3, 4, and 5 are effective the day after the 
204.10  governing body of Dakota county and its chief clerical officer 
204.11  timely complete their compliance with Minnesota Statutes, 
204.12  section 645.021, subdivisions 2 and 3. 
204.13     (b) Section 7 is effective the day after the governing 
204.14  board of Dakota county and its chief clerical officer timely 
204.15  complete their compliance with Minnesota Statutes, section 
204.16  645.021, subdivisions 2 and 3, and certification to the 
204.17  executive director of the public employees retirement 
204.18  association. 
204.19     (c) Sections 2 and 6 are effective for bricklayers, allied 
204.20  craftworkers, cement masons, glaziers, glassworkers, painters, 
204.21  allied tradesworkers, and plasterers employed by the city of St. 
204.22  Paul or independent school district No. 625, St. Paul, as 
204.23  applicable, on the day following approval by majority vote of 
204.24  the St. Paul city council or governing board of independent 
204.25  school district No. 625, St. Paul, as applicable, and compliance 
204.26  with Minnesota Statutes, section 645.021. 
204.27     (d) Sections 2 and 6 are effective for plumbers employed by 
204.28  the metropolitan airports commission on the day following 
204.29  approval by majority vote of the metropolitan airports 
204.30  commission and compliance with Minnesota Statutes, section 
204.31  645.021. 
204.32                             ARTICLE 11
204.33     REMEDIAL MEASURES FOR THE PERA-GENERAL FUNDING DEFICIENCY
204.34     Section 1.  Minnesota Statutes 2000, section 353.01, 
204.35  subdivision 1, is amended to read: 
204.36     Subdivision 1.  [TERMS.] Unless the language or context 
205.1   clearly indicates that a different meaning is intended, each of 
205.2   the following terms, for the purposes of this chapter, shall 
205.3   be have the meaning given the meanings subjoined to them it. 
205.4      Sec. 2.  Minnesota Statutes 2000, section 353.01, 
205.5   subdivision 2, is amended to read: 
205.6      Subd. 2.  [PUBLIC EMPLOYEE.] "Public employee" means an a 
205.7   governmental employee performing personal services for a 
205.8   governmental subdivision under defined in subdivision 6, whose 
205.9   salary is paid, in whole or in part, from revenue derived from 
205.10  taxation, fees, assessments, or from other sources.  The 
205.11  term also includes special the classes of persons described or 
205.12  listed in subdivision 2a, but.  The term also includes persons 
205.13  who elect association membership under subdivision 2d, paragraph 
205.14  (a), and persons for whom the applicable governmental 
205.15  subdivision had elected association membership under subdivision 
205.16  2d, paragraph (b).  The term excludes special the classes of 
205.17  persons listed in subdivision 2b for purposes of membership in 
205.18  the association.  Public employee does not include independent 
205.19  contractors and their employees.  A reemployed annuitant under 
205.20  section 353.37 must not be considered to be a public employee 
205.21  for purposes of that reemployment. 
205.22     Sec. 3.  Minnesota Statutes 2000, section 353.01, 
205.23  subdivision 2a, is amended to read: 
205.24     Subd. 2a.  [INCLUDED EMPLOYEES.] (a) Public employees whose 
205.25  salary from one governmental subdivision exceeds $425 in any 
205.26  month shall participate as members of the association.  If the 
205.27  salary of an employee is less than $425 in a subsequent month, 
205.28  the employee retains membership eligibility.  The following 
205.29  persons are considered public employees: 
205.30     (1) employees whose annual salary from one governmental 
205.31  subdivision exceeds a stipulation prepared in advance, in 
205.32  writing, to be not more than $5,100 per calendar year or per 
205.33  school year for school employees for employment expected to be 
205.34  of a full year's duration or more than the prorated portion of 
205.35  $5,100 per employment period expected to be of less than a full 
205.36  year's duration.  If compensation from one governmental 
206.1   subdivision to an employee under this clause exceeds $5,100 per 
206.2   calendar year or school year after being stipulated in advance 
206.3   not to exceed that amount, the stipulation is no longer valid 
206.4   and contributions must be made on behalf of the employee under 
206.5   section 353.27, subdivision 12, from the month in which the 
206.6   employee's salary first exceeded $425; 
206.7      (2) employees whose total salary from concurrent 
206.8   nontemporary positions in one governmental subdivision exceeds 
206.9   $425 in any month; 
206.10     (3) elected officers for service to which they were elected 
206.11  by the public-at-large, or persons appointed to fill a vacancy 
206.12  in an elective office, who elect to participate by filing an 
206.13  application for membership, but not for service on a joint or 
206.14  regional board that is a governmental subdivision under 
206.15  subdivision 6, paragraph (a), unless the salary earned for that 
206.16  service exceeds $425 in any month.  The option to become a 
206.17  member, once exercised, may not be withdrawn during the 
206.18  incumbency of the person in office; 
206.19     (4) members who are appointed by the governor to be a state 
206.20  department head and elect not to be covered by the Minnesota 
206.21  state retirement system under section 352.021; 
206.22     (5) employees of elected officers; 
206.23     (6) persons who elect to remain members under section 
206.24  480.181, subdivision 2; 
206.25     (7) employees of a school district who receive separate 
206.26  salaries for driving their own buses; 
206.27     (8) employees of the Minnesota association of townships 
206.28  when the board of the association, at its option, certifies to 
206.29  the executive director that its employees are to be included for 
206.30  purposes of retirement coverage, in which case coverage of all 
206.31  employees of the association is permanent; 
206.32     (9) employees of a county historical society who are county 
206.33  employees; 
206.34     (10) employees of a county historical society located in 
206.35  the county whom the county, at its option, certifies to the 
206.36  executive director to be county employees for purposes of 
207.1   retirement coverage under this chapter, which status must be 
207.2   accorded to all similarly situated county historical society 
207.3   employees and, once established, must continue as long as a 
207.4   person is an employee of the county historical society and is 
207.5   not excluded under subdivision 2b; and 
207.6      (11) employees who became members before July 1, 1988, 
207.7   based on the total salary of positions held in more than one 
207.8   governmental subdivision. shall participate as members of the 
207.9   association with retirement coverage by the public employees 
207.10  retirement plan or the public employees police and fire 
207.11  retirement plan under this chapter, or the local government 
207.12  correctional employees retirement plan under chapter 353E, 
207.13  whichever applies, as a condition of their employment on the 
207.14  first day of employment unless they: 
207.15     (1) are specifically excluded under subdivision 2b; 
207.16     (2) do not exercise their option to elect retirement 
207.17  coverage in the association as provided in subdivision 2d, 
207.18  paragraph (a); or 
207.19     (3) are employees of the governmental subdivisions listed 
207.20  in subdivision 2d, paragraph (b), where the governmental 
207.21  subdivision has not elected to participate as a governmental 
207.22  subdivision covered by the association. 
207.23     (b) A public employee who was a member of the association 
207.24  on June 30, 2002, based on employment that qualified for 
207.25  membership coverage by the public employees retirement plan or 
207.26  the public employees police and fire plan under this chapter, or 
207.27  the local government correctional employees retirement plan 
207.28  under chapter 353E as of June 30, 2002, retains that membership 
207.29  until the employee terminates public employment under 
207.30  subdivision 11a or terminates membership under subdivision 11b. 
207.31     Sec. 4.  Minnesota Statutes 2000, section 353.01, 
207.32  subdivision 2b, is amended to read: 
207.33     Subd. 2b.  [EXCLUDED EMPLOYEES.] The following public 
207.34  employees shall are not eligible to participate as members of 
207.35  the association with retirement coverage by the public employees 
207.36  retirement plan, the local government correctional employees 
208.1   retirement plan under chapter 353E, or the public employees 
208.2   police and fire retirement plan: 
208.3      (1) elected public officers, other than county sheriffs, 
208.4   who are elected to a governing body, or persons who are 
208.5   appointed to fill a vacancy in an elective office, who do not 
208.6   elect to participate in the association by filing an application 
208.7   for membership of a governing body, whose term of office first 
208.8   commences on or after July 1, 2002, for the service to be 
208.9   rendered in that elective position.  Elected governing body 
208.10  officials who were active members of the association's 
208.11  coordinated or basic retirement program of the general employees 
208.12  retirement plan as of June 30, 2002, must continue participation 
208.13  throughout incumbency in office until the termination of public 
208.14  service occurs as defined in subdivision 11a; 
208.15     (2) election officers or election judges; 
208.16     (3) patient and inmate personnel who perform services in 
208.17  charitable, penal, or correctional institutions of for a 
208.18  governmental subdivision; 
208.19     (4) employees who are hired for a temporary position under 
208.20  subdivision 12a, and employees who resign from a nontemporary 
208.21  position and accept a temporary position within 30 days in the 
208.22  same governmental subdivision, but not those.  An employer must 
208.23  not apply the definition of temporary position so as to exclude 
208.24  employees who are hired for an unlimited period to fill 
208.25  positions that are permanent or that are for an unspecified 
208.26  period but who are serving a probationary period at the start of 
208.27  the employment.  If the period of employment extends beyond six 
208.28  consecutive months and the employee earns more than $425 from 
208.29  one governmental subdivision in any one calendar month, the 
208.30  department head shall report the employee for membership and 
208.31  require employee deductions be made on behalf of the employee 
208.32  under section 353.27, subdivision 4. 
208.33     The membership eligibility of an employee who resigns or is 
208.34  dismissed from a temporary position and within 30 days accepts 
208.35  another temporary position in the same governmental subdivision 
208.36  is determined on the total length of employment rather than on 
209.1   each separate position.  Membership eligibility of an employee 
209.2   who holds concurrent temporary and nontemporary positions in one 
209.3   governmental subdivision is determined by the length of 
209.4   employment and salary of each separate position; 
209.5      (5) employees whose actual salary from one governmental 
209.6   subdivision does not exceed $425 per month, or whose annual 
209.7   salary from one governmental subdivision does not exceed a 
209.8   stipulation prepared in advance, in writing, that the salary 
209.9   must not exceed $5,100 per calendar year or per school year for 
209.10  school employees for employment expected to be of a full year's 
209.11  duration or more than the prorated portion of $5,100 per 
209.12  employment period for employment expected to be of less than a 
209.13  full year's duration; 
209.14     (6) employees who are employed by reason of work emergency 
209.15  caused by fire, flood, storm, or similar disaster; 
209.16     (7) (6) employees who by virtue of their employment in one 
209.17  governmental subdivision are required by law to be a member of 
209.18  and to contribute to any of the plans or funds administered by 
209.19  the Minnesota state retirement system, the teachers retirement 
209.20  association, the Duluth teachers retirement fund association, 
209.21  the Minneapolis teachers retirement association, the St. Paul 
209.22  teachers retirement fund association, the Minneapolis employees 
209.23  retirement fund, or any police or firefighters relief 
209.24  association governed by section 69.77 that has not consolidated 
209.25  with the public employees retirement association, or any local 
209.26  police or firefighters consolidation account but who have not 
209.27  elected the type of benefit coverage provided by the public 
209.28  employees police and fire fund under sections 353A.01 to 
209.29  353A.10, or any persons covered by section 353.665, subdivision 
209.30  4, 5, or 6, who have not elected public employees police and 
209.31  fire plan benefit coverage.  This clause must not be construed 
209.32  to prevent a person from being a member of and contributing to 
209.33  the public employees retirement association and also belonging 
209.34  to and contributing to another public pension fund for other 
209.35  service occurring during the same period of time.  A person who 
209.36  meets the definition of "public employee" in subdivision 2 by 
210.1   virtue of other service occurring during the same period of time 
210.2   becomes a member of the association unless contributions are 
210.3   made to another public retirement fund on the salary based on 
210.4   the other service or to the teachers retirement association by a 
210.5   teacher as defined in section 354.05, subdivision 2; 
210.6      (8) (7) persons who are members of a religious order and 
210.7   are excluded from coverage under the federal Old Age, Survivors, 
210.8   Disability, and Health Insurance Program for the performance of 
210.9   service as specified in United States Code, title 42, section 
210.10  410(a)(8)(A), as amended through January 1, 1987, if no 
210.11  irrevocable election of coverage has been made under section 
210.12  3121(r) of the Internal Revenue Code of 1954, as amended; 
210.13     (9) full-time students who (8) employees who, at the time 
210.14  they are hired by a governmental subdivision, are enrolled and 
210.15  on a full-time basis to attend or are regularly attending 
210.16  classes at an accredited school, college, or university and who 
210.17  are part-time employees as defined by a governmental subdivision 
210.18  in an undergraduate, graduate, or professional-technical 
210.19  program, or in a public or charter high school, if the 
210.20  employment is predicated on the student status of the 
210.21  individual; 
210.22     (10) (9) resident physicians, medical interns, and 
210.23  pharmacist residents and pharmacist interns who are serving in a 
210.24  degree or residency program in public hospitals; 
210.25     (11) (10) students who are serving in an internship or 
210.26  residency program sponsored by an accredited educational 
210.27  institution; 
210.28     (12) (11) persons who hold a part-time adult supplementary 
210.29  technical college license who render part-time teaching service 
210.30  in a technical college; 
210.31     (13) (12) foreign citizens working for a governmental 
210.32  subdivision with a work permit of less than three years, or an 
210.33  H-1b visa valid for less than three years of employment.  Upon 
210.34  notice to the association that the work permit or visa extends 
210.35  beyond the three-year period, the foreign citizens are eligible 
210.36  for membership from the date of the extension; 
211.1      (14) (13) public hospital employees who elected not to 
211.2   participate as members of the association before 1972 and who 
211.3   did not elect to participate from July 1, 1988, to October 1, 
211.4   1988; 
211.5      (15) (14) except as provided in section 353.86, volunteer 
211.6   ambulance service personnel, as defined in subdivision 35, but 
211.7   persons who serve as volunteer ambulance service personnel may 
211.8   still qualify as public employees under subdivision 2 and may be 
211.9   members of the public employees retirement association and 
211.10  participants in the public employees retirement fund or the 
211.11  public employees police and fire fund, whichever applies, on the 
211.12  basis of compensation received from public employment service 
211.13  other than service as volunteer ambulance service personnel; 
211.14     (16) (15) except as provided in section 353.87, volunteer 
211.15  firefighters, as defined in subdivision 36, engaging in 
211.16  activities undertaken as part of volunteer firefighter duties; 
211.17  provided that a person who is a volunteer firefighter may still 
211.18  qualify as a public employee under subdivision 2 and may be a 
211.19  member of the public employees retirement association and a 
211.20  participant in the public employees retirement fund or the 
211.21  public employees police and fire fund, whichever applies, on the 
211.22  basis of compensation received from public employment activities 
211.23  other than those as a volunteer firefighter; 
211.24     (17) (16) pipefitters and associated trades personnel 
211.25  employed by independent school district No. 625, St. Paul, with 
211.26  coverage by the pipefitters local 455 pension plan under a 
211.27  collective bargaining agreement who were either first employed 
211.28  after May 1, 1997, or, if first employed before May 2, 1997, 
211.29  elected to be excluded under Laws 1997, chapter 241, article 2, 
211.30  section 12; and 
211.31     (18) (17) electrical workers, plumbers, carpenters, and 
211.32  associated trades personnel employed by independent school 
211.33  district No. 625, St. Paul, or the city of St. Paul, with who 
211.34  have retirement coverage by the electrical workers local 110 
211.35  pension plan, the united association plumbers local 34 pension 
211.36  plan, or the carpenters local 87 pension plan under a collective 
212.1   bargaining agreement who were either first employed after May 1, 
212.2   2000, or, if first employed before May 2, 2000, elected to be 
212.3   excluded under Laws 2000, chapter 461, article 7, section 5.; 
212.4      (18) employees who are hired after June 30, 2002, to fill 
212.5   seasonal positions under subdivision 12b which are limited in 
212.6   duration by the employer to 185 consecutive calendar days or 
212.7   less in each business year of the governmental subdivision; 
212.8      (19) persons who are provided sheltered employment or 
212.9   work-study positions by a governmental subdivision and who 
212.10  participate in an employment or industries program maintained 
212.11  for the benefit of these persons where the governmental 
212.12  subdivision limits the position's duration to three years or 
212.13  less, including persons participating in a federal or state 
212.14  subsidized on-the-job training, work experience, senior citizen, 
212.15  youth, or unemployment relief program where the training or work 
212.16  experience is not provided as a part of, or intended to result 
212.17  in, future permanent public employment; 
212.18     (20) independent contractors and the employees of 
212.19  independent contractors; and 
212.20     (21) reemployed annuitants of the association during the 
212.21  course of that reemployment. 
212.22     Sec. 5.  Minnesota Statutes 2000, section 353.01, is 
212.23  amended by adding a subdivision to read: 
212.24     Subd. 2d.  [OPTIONAL MEMBERSHIP.] (a) Membership in the 
212.25  association is optional by action of the individual employee for 
212.26  the following public employees who meet the conditions set forth 
212.27  in subdivision 2a: 
212.28     (1) members of the coordinated plan who are also employees 
212.29  of labor organizations as defined in section 353.017, 
212.30  subdivision 1, for their employment by the labor organization 
212.31  only if they elect to have membership under section 353.017, 
212.32  subdivision 2; 
212.33     (2) persons who are elected or persons who are appointed to 
212.34  elected positions other than local governing body elected 
212.35  positions who elect to participate by filing a written election 
212.36  for membership; 
213.1      (3) members of the association who are appointed by the 
213.2   governor to be a state department head and who elect not to be 
213.3   covered by the general state employees retirement plan of the 
213.4   Minnesota state retirement system under section 352.021; and 
213.5      (4) city managers as defined in section 353.028, 
213.6   subdivision 1, who do not elect to be excluded from membership 
213.7   in the association under section 353.028, subdivision 2. 
213.8      (b) Membership in the association is optional by action of 
213.9   the governmental subdivision for the employees of the following 
213.10  governmental subdivisions under the conditions specified: 
213.11     (1) the Minnesota association of townships if the board of 
213.12  the association, at its option, certifies to the executive 
213.13  director that its employees are to be included for purposes of 
213.14  retirement coverage, in which case the status of the association 
213.15  as a participating employer is permanent; and 
213.16     (2) a county historical society if the county in which the 
213.17  historical society is located, at its option, certifies to the 
213.18  executive director that the employees of the historical society 
213.19  are to be county employees for purposes of retirement coverage 
213.20  under this chapter.  The status as a county employee for 
213.21  retirement coverage purposes must be accorded to all similarly 
213.22  situated county historical society employees and, once 
213.23  established, must continue as long as a person is an employee of 
213.24  the county historical society. 
213.25     (c) For employees who are covered by paragraph (a), clause 
213.26  (1), (2), or (3), or covered by paragraph (b), if the necessary 
213.27  membership election is not made, the employee is excluded from 
213.28  retirement coverage under this chapter.  For employees who are 
213.29  covered by paragraph (a), clause (4), if the necessary election 
213.30  is not made, the employee must become a member and have 
213.31  retirement coverage under this chapter.  The option to become a 
213.32  member, once exercised under this subdivision, may not be 
213.33  withdrawn until the termination of public service as defined 
213.34  under subdivision 11a. 
213.35     Sec. 6.  Minnesota Statutes 2000, section 353.01, 
213.36  subdivision 6, is amended to read: 
214.1      Subd. 6.  [GOVERNMENTAL SUBDIVISION.] (a) "Governmental 
214.2   subdivision" means a county, city, town, school district within 
214.3   this state, or a department or unit of state government, or any 
214.4   public body whose revenues are derived from taxation, fees, 
214.5   assessments or from other sources. 
214.6      (b) Governmental subdivision also means the public 
214.7   employees retirement association, the league of Minnesota 
214.8   cities, the association of metropolitan municipalities, public 
214.9   hospitals owned or operated by, or an integral part of, a 
214.10  governmental subdivision or governmental subdivisions, the 
214.11  association of Minnesota counties, the metropolitan intercounty 
214.12  association, the Minnesota municipal utilities association, the 
214.13  metropolitan airports commission, the Minneapolis employees 
214.14  retirement fund for employment that initially commenced after 
214.15  June 30, 1979, the range association of municipalities and 
214.16  schools, soil and water conservation districts, and economic 
214.17  development authorities created or operating under sections 
214.18  469.090 to 469.108. 
214.19     (c) Governmental subdivision does not mean any municipal 
214.20  housing and redevelopment authority organized under the 
214.21  provisions of sections 469.001 to 469.047; or any port authority 
214.22  organized under sections 469.048 to 469.089; or any hospital 
214.23  district organized or reorganized prior to July 1, 1975, under 
214.24  sections 447.31 to 447.37 or the successor of the district,; nor 
214.25  the Minneapolis community development agency.  
214.26     Sec. 7.  Minnesota Statutes 2000, section 353.01, 
214.27  subdivision 7, is amended to read: 
214.28     Subd. 7.  [MEMBER.] "Member" means a person who accepts 
214.29  employment as a "public employee" under subdivision 2, who is an 
214.30  employee who works in one or more positions that require or 
214.31  allow membership in the association under subdivision 2a or 
214.32  2d, for whom contributions have been withheld from salary, and 
214.33  who is not covered by the plan established in chapter 353D or 
214.34  excluded under subdivision 2b.  A person who is a member remains 
214.35  a member while the person is performing services as a public 
214.36  employee and while on an authorized leave of absence or an 
215.1   authorized temporary layoff, subject to the provisions of 
215.2   subdivision 16, paragraph (a), clause (4), (5), (6), or (7), 
215.3   whichever applies. 
215.4      Sec. 8.  Minnesota Statutes 2000, section 353.01, 
215.5   subdivision 11b, is amended to read: 
215.6      Subd. 11b.  [TERMINATION OF MEMBERSHIP.] (a) "Termination 
215.7   of membership" means the conclusion of membership in the 
215.8   association and occurs: 
215.9      (1) upon termination of public service under subdivision 
215.10  11a; 
215.11     (2) when a member who is a part-time employee is excluded 
215.12  from membership as a full-time student under subdivision 2b, 
215.13  clause (9); 
215.14     (3) when a member does not return to work within 30 days of 
215.15  the expiration of an authorized temporary layoff under 
215.16  subdivision 12 or an authorized leave of absence under 
215.17  subdivision 31.  If the employee subsequently returns to a 
215.18  position in the same governmental subdivision, the employee 
215.19  shall not again be required to earn a salary in excess of $425 
215.20  per month, unless the employee has taken a refund of accumulated 
215.21  employee deductions plus interest under section 353.34, 
215.22  subdivision 1 as evidenced by the appropriate record filed by 
215.23  the governmental subdivision; or 
215.24     (4) (3) when a person files a written election to 
215.25  discontinue employee deductions under section 353.27, 
215.26  subdivision 7, paragraph (a), clause (1). 
215.27     (b) The termination of membership must be reported to the 
215.28  association by the governmental subdivision. 
215.29     Sec. 9.  Minnesota Statutes 2000, section 353.01, 
215.30  subdivision 12, is amended to read: 
215.31     Subd. 12.  [AUTHORIZED TEMPORARY LAYOFF.] "Authorized 
215.32  temporary layoff," including seasonal leave of absence, means a 
215.33  suspension of public service authorized by the employing 
215.34  governmental subdivision for a specified period, not exceeding 
215.35  three months in any calendar year, as evidenced by appropriate 
215.36  record of the employer and promptly transmitted to the 
216.1   association.  The association shall credit the member for an 
216.2   authorized temporary layoff only as provided in subdivision 16, 
216.3   paragraph (a), clause (6). 
216.4      Sec. 10.  Minnesota Statutes 2000, section 353.01, 
216.5   subdivision 12a, is amended to read: 
216.6      Subd. 12a.  [TEMPORARY POSITION.] (1) "Temporary position" 
216.7   means an employment position predetermined by the employer at 
216.8   the time of hiring to be a period of six months or less or.  The 
216.9   term also means an employment position occupied by a person 
216.10  hired by the employer as a temporary replacement who is employed 
216.11  for a predetermined period of six months or less. 
216.12     (2) "Temporary position" does not mean an employment 
216.13  position for an unlimited period a specified term in which a 
216.14  person serves a probationary period or works an irregular 
216.15  schedule as a requirement for subsequent employment on a 
216.16  permanent or unlimited basis. 
216.17     Sec. 11.  Minnesota Statutes 2000, section 353.01, is 
216.18  amended by adding a subdivision to read: 
216.19     Subd. 12b.  [SEASONAL POSITION.] "Seasonal position" means 
216.20  a position where the nature of the work or its duration are 
216.21  related to a specific season or seasons of the year, regardless 
216.22  of whether or not the employing agency anticipates that the same 
216.23  employee will return to the position each season in which it 
216.24  becomes available.  The entire period of employment in a 
216.25  business year must be used to determine whether or not a 
216.26  position may be excluded as seasonal when there is less than a 
216.27  30-day break between one seasonal position and a subsequent 
216.28  seasonal position for employment with the same governmental 
216.29  employer.  Seasonal positions include, but are not limited to, 
216.30  coaching athletic activities, employment to plow snow or to 
216.31  maintain roads or parks, or to operate skating rinks, ski 
216.32  lodges, golf courses, or swimming pools. 
216.33     Sec. 12.  Minnesota Statutes 2000, section 353.01, 
216.34  subdivision 16, is amended to read: 
216.35     Subd. 16.  [ALLOWABLE SERVICE; LIMITS AND COMPUTATION.] (a) 
216.36  "Allowable service" means: 
217.1      (1) service during years of actual membership in the course 
217.2   of which employee contributions were made, periods covered by 
217.3   payments in lieu of salary deductions under section 353.35, and; 
217.4      (2) service in years during which the public employee was 
217.5   not a member but for which the member later elected, while a 
217.6   member, to obtain credit by making payments to the fund as 
217.7   permitted by any law then in effect.; 
217.8      (b) "Allowable service" also means (3) a period of 
217.9   authorized leave of absence with pay from which deductions for 
217.10  employee contributions are made, deposited, and credited to the 
217.11  fund.; 
217.12     (c) "Allowable service" also means (4) a period of 
217.13  authorized personal, parental, or medical leave of absence 
217.14  without pay, including a leave of absence covered under the 
217.15  federal Family Medical Leave Act, that does not exceed one year, 
217.16  and during or for which a member obtained full or fractional 
217.17  service credit for each month in the leave period by payments to 
217.18  the fund made in place of salary deductions, provided that.  The 
217.19  payments are must be made in an amount or amounts based on the 
217.20  member's average salary on which deductions were paid for the 
217.21  last six months of public service, or for that portion of the 
217.22  last six months while the member was in public service, to apply 
217.23  to the period in either case that immediately preceding precedes 
217.24  the commencement of the leave of absence.  If the employee 
217.25  elects to pay the employee contributions for the period of 
217.26  any authorized personal, parental, or medical leave of absence 
217.27  without pay, or for any portion of the leave, the employee shall 
217.28  also, as a condition to the exercise of the election, pay to the 
217.29  fund an amount equivalent to both the required employer and the 
217.30  additional employer contributions, if any, for the employee.  
217.31  The payment must be made within one year from the expiration of 
217.32  the leave of absence or within 20 days after termination of 
217.33  public service under subdivision 11a.  The employer, if by 
217.34  appropriate action of its governing body, which is made a part 
217.35  of its official records, and which is adopted before the date of 
217.36  the first payment of the employee contribution, may certify to 
218.1   the association in writing its commitment to pay the employer 
218.2   and additional employer contributions from the proceeds of a tax 
218.3   levy made under section 353.28.  Payments under this paragraph 
218.4   must include interest at an annual rate of 8.5 percent 
218.5   compounded annually from the date of the termination of the 
218.6   leave of absence to the date payment is made.  An employee shall 
218.7   return to public service and receive render a minimum of three 
218.8   months of allowable service in order to be eligible to pay 
218.9   employee and employer contributions for a subsequent authorized 
218.10  leave of absence without pay.  Upon payment, the employee must 
218.11  be granted allowable service credit for full calendar months or 
218.12  fractions of a month during the leave period as described in 
218.13  paragraph (d), clauses (1) and (2), based on the salary or the 
218.14  compensated hours used in computing the payment amount; 
218.15     (d) "Allowable service" also means (5) a periodic, 
218.16  repetitive leave that is offered to all employees of a 
218.17  governmental subdivision.  The leave program may not exceed 208 
218.18  hours per annual normal work cycle as certified to the 
218.19  association by the employer.  A participating member obtains 
218.20  service credit by making employee contributions in an amount or 
218.21  amounts based on the member's average salary that would have 
218.22  been paid if the leave had not been taken.  The employer shall 
218.23  pay the employer and additional employer contributions on behalf 
218.24  of the participating member.  The employee and the employer are 
218.25  responsible to pay interest on their respective shares at the 
218.26  rate of 8.5 percent a year, compounded annually, from the end of 
218.27  the normal cycle until full payment is made.  An employer shall 
218.28  also make the employer and additional employer contributions, 
218.29  plus 8.5 percent interest, compounded annually, on behalf of an 
218.30  employee who makes employee contributions but terminates public 
218.31  service.  The employee contributions must be made within one 
218.32  year after the end of the annual normal working cycle or within 
218.33  20 days after termination of public service, whichever is 
218.34  sooner.  The association shall prescribe the manner and forms to 
218.35  be used by a governmental subdivision in administering a 
218.36  periodic, repetitive leave.  Upon payment, the member must be 
219.1   granted allowable service credit for full calendar months or 
219.2   fractions of a month during the leave period as described in 
219.3   paragraph (d), clauses (1) and (2), based on the salary or the 
219.4   compensated hours used in computing the payment amount; 
219.5      (e) "Allowable service" also means a period during which a 
219.6   member is on an authorized sick leave of absence, without pay, 
219.7   limited to one year.  An employee who has received one year of 
219.8   allowable service shall return to public service and receive a 
219.9   minimum of three months of allowable service to receive 
219.10  allowable service for a subsequent authorized sick leave of 
219.11  absence. 
219.12     (f) "Allowable service" also means (6) an authorized 
219.13  temporary layoff under subdivision 12,.  For temporary layoffs 
219.14  that begin before January 1, 2002, allowable service credit is 
219.15  limited to three months allowable service per authorized 
219.16  temporary layoff in one calendar year.  An employee who has 
219.17  received the maximum service allowed for an authorized temporary 
219.18  layoff shall return to public service and receive a minimum of 
219.19  three months of allowable service to receive allowable service 
219.20  for a subsequent authorized temporary layoff.  For temporary 
219.21  layoffs that begin on or after January 1, 2002, allowable 
219.22  service credit for the calendar month in which the member does 
219.23  not receive salary due to the layoff must be determined using 
219.24  the following formula: 
219.25     (i) members who earned one month of allowable service 
219.26  credit for each of the nine calendar months of compensated 
219.27  employment with the governmental subdivision authorizing the 
219.28  layoff that immediately preceded the layoff shall receive one 
219.29  month of allowable service credit, limited to three months of 
219.30  allowable service credit per year, for each month of the 
219.31  temporary layoff; or 
219.32     (ii) members who earned less than nine months of allowable 
219.33  service credit in the year of compensated employment with the 
219.34  governmental subdivision authorizing the layoff that immediately 
219.35  preceded the layoff shall receive allowable service credit on a 
219.36  fractional basis for each month of the authorized layoff, 
220.1   limited to three months of allowable service credit, determined 
220.2   by dividing the total number of months of service credit earned 
220.3   for the compensated employment by nine and multiplying the 
220.4   resulting number by the total number of months in the layoff 
220.5   period that are not compensated; or 
220.6      (g) Notwithstanding any law to the contrary, "allowable 
220.7   service" also means a parental leave.  The association shall 
220.8   grant a maximum of two months service credit for a parental 
220.9   leave, within six months after the birth or adoption, upon 
220.10  documentation from the member's governmental subdivision or 
220.11  presentation of a birth certificate or other evidence of birth 
220.12  or adoption to the association. 
220.13     (h) "Allowable service" also means (7) a period during 
220.14  which a member is on an authorized leave of absence to enter 
220.15  military service in the armed forces of the United States, 
220.16  provided that the member returns to public service upon 
220.17  discharge from military service under section 192.262 and pays 
220.18  into the fund employee contributions based upon the employee's 
220.19  salary at the date of return from military service.  Payment 
220.20  must be made within three times the length of the military leave 
220.21  period, or five years of the date of discharge from the military 
220.22  service, whichever is less.  The amount of these contributions 
220.23  must be in accord with the contribution rates and salary 
220.24  limitations, if any, in effect during the leave, plus interest 
220.25  at an annual rate of 8.5 percent compounded annually from the 
220.26  date of return to public service to the date payment is made.  
220.27  The matching employer contribution and additional employer 
220.28  contribution under section 353.27, subdivisions 3 and 3a, must 
220.29  be paid by the governmental subdivision employing the member 
220.30  upon return to public service if the member makes the employee 
220.31  contributions.  The governmental subdivision involved may 
220.32  appropriate money for those payments.  A member may not receive 
220.33  credit for a voluntary extension of military service at the 
220.34  instance of the member beyond the initial period of enlistment, 
220.35  induction, or call to active duty.  Upon payment, the employee 
220.36  must be granted allowable service credit for full calendar 
221.1   months or fractions of a month during the leave period as 
221.2   described in paragraph (d), clauses (1) and (2), based on the 
221.3   salary or compensated hours used in computing the payment amount.
221.4      (i) (b) For calculating benefits under sections 353.30, 
221.5   353.31, 353.32, and 353.33 for state officers and employees 
221.6   displaced by the Community Corrections Act, chapter 401, and 
221.7   transferred into county service under section 401.04, "allowable 
221.8   service" means combined years of allowable service as defined in 
221.9   paragraphs paragraph (a) to (i), clauses (1) to (6), and section 
221.10  352.01, subdivision 11.  
221.11     (j) (c) For a public employee who has prior service covered 
221.12  by a local police or firefighters relief association that has 
221.13  consolidated with the public employees retirement association or 
221.14  to which section 353.665 applies, and who has elected the type 
221.15  of benefit coverage provided by the public employees police and 
221.16  fire fund either under section 353A.08 following the 
221.17  consolidation or under section 353.665, subdivision 4, 
221.18  "applicable service" is a period of service credited by the 
221.19  local police or firefighters relief association as of the 
221.20  effective date of the consolidation based on law and on bylaw 
221.21  provisions governing the relief association on the date of the 
221.22  initiation of the consolidation procedure. 
221.23     (d) For persons who, after January 1, 2002, either first 
221.24  become members or terminated membership under subdivision 11b, 
221.25  and again become members, of the public employees retirement 
221.26  plan, the public employees police and fire plan under this 
221.27  chapter, or the local government correctional employee 
221.28  retirement plan under chapter 353E, whichever applies, 
221.29  "allowable service" means credit for compensated hours from 
221.30  which deductions are made, or for which payments are made in 
221.31  lieu of salary deductions as provided under this subdivision, 
221.32  and which are deposited and credited in the fund as provided in 
221.33  section 353.27, determined as follows: 
221.34     (1) one month of allowable service credit for each month 
221.35  during which the employee has received salary for 80 or more 
221.36  compensated hours; or 
222.1      (2) a fraction of one month of allowable service for each 
222.2   month for which the employee has received salary for less than 
222.3   80 compensated hours equal to the percentage relationship that 
222.4   the number of compensated hours bear to 80 hours. 
222.5      (e) Elected officials and other public employees who are 
222.6   compensated solely on an annual basis shall be granted a full 
222.7   year of credit for each year for which compensation is earned. 
222.8      (f) Allowable service that is determined and credited on a 
222.9   fractional basis must be used only in calculating the amount of 
222.10  benefits payable.  In determining the length of service required 
222.11  for vesting, a member shall be granted a month of service credit 
222.12  for each month in which the member received compensation from 
222.13  which employee contributions were deducted.  For periods of 
222.14  part-time service that are duplicated service credit, section 
222.15  356.30, subdivision 1, paragraphs (g) and (h), govern. 
222.16     (g) No member shall receive more than 12 months of 
222.17  allowable service credit in a year either for vesting purposes 
222.18  or for benefit calculation purposes. 
222.19     Sec. 13.  Minnesota Statutes 2000, section 353.01, is 
222.20  amended by adding a subdivision to read: 
222.21     Subd. 38.  [BUSINESS YEAR.] "Business year" means the first 
222.22  day of the first full pay period through the last day of the 
222.23  last full pay period of the 12-month fiscal year applicable to 
222.24  the respective governmental subdivision. 
222.25     Sec. 14.  Minnesota Statutes 2000, section 353.01, is 
222.26  amended by adding a subdivision to read: 
222.27     Subd. 39.  [COMPENSATED HOURS.] "Compensated hours" means 
222.28  the hours during which an employee performs services in one or 
222.29  more positions for a single governmental subdivision for which 
222.30  the employee receives compensation.  The term also includes the 
222.31  following: 
222.32     (1) paid holiday hours for which the employee is not 
222.33  required to work; 
222.34     (2) paid used sick leave hours; 
222.35     (3) paid used personal leave hours and vacation hours; and 
222.36     (4) paid hours drawn from accrued compensatory time. 
223.1      Sec. 15.  Minnesota Statutes 2000, section 353.03, 
223.2   subdivision 1, is amended to read: 
223.3      Subdivision 1.  [MANAGEMENT; COMPOSITION; ELECTION.] (a) 
223.4   The management of the public employees retirement fund is vested 
223.5   in an 11-member board of trustees consisting of ten members and 
223.6   the state auditor who.  The state auditor may designate a deputy 
223.7   auditor with expertise in pension matters as the auditor's 
223.8   representative on the board.  
223.9      (b) The governor shall appoint five trustees to four-year 
223.10  terms, one of whom shall be designated to represent school 
223.11  boards, one to represent cities, one to represent counties, one 
223.12  who is a retired annuitant, and one who is a public member 
223.13  knowledgeable in pension matters.  
223.14     (c) The membership of the association, including recipients 
223.15  of retirement annuities and disability and survivor benefits, 
223.16  shall elect five trustees, one of whom must be a member of the 
223.17  police and fire fund and one of whom must be a former member who 
223.18  met the definition of public employee under section 353.01, 
223.19  subdivisions 2 and 2a, for at least five years prior to 
223.20  terminating membership or a member who receives a disability 
223.21  benefit, for terms of four years.  Except as provided in this 
223.22  subdivision, trustees elected by the membership of the 
223.23  association must be public employees and members of the 
223.24  association.  
223.25     (d) For seven days beginning October 1 of each year 
223.26  preceding a year in which an election is held, the association 
223.27  shall accept at its office filings in person or by mail of 
223.28  candidates for the board of trustees.  A candidate shall submit 
223.29  at the time of filing a nominating petition signed by 25 or more 
223.30  members of the fund.  No name may be withdrawn from nomination 
223.31  by the nominee after October 15.  At the request of a candidate 
223.32  for an elected position on the board of trustees, the board 
223.33  shall mail a statement of up to 300 words prepared by the 
223.34  candidate to all persons eligible to vote in the election of the 
223.35  candidate.  The board may adopt policies to govern form and 
223.36  length of these statements, timing of mailings, and deadlines 
224.1   for submitting materials to be mailed.  These policies must be 
224.2   approved by the secretary of state.  The secretary of state 
224.3   shall resolve disputes between the board and a candidate 
224.4   concerning application of these policies to a particular 
224.5   statement.  
224.6      (e) A candidate who: 
224.7      (1) receives contributions or makes expenditures in excess 
224.8   of $100; or 
224.9      (2) has given implicit or explicit consent for any other 
224.10  person to receive contributions or make expenditures in excess 
224.11  of $100 for the purpose of bringing about the candidate's 
224.12  election, shall file a report with the campaign finance and 
224.13  public disclosure board disclosing the source and amount of all 
224.14  contributions to the candidate's campaign.  The campaign finance 
224.15  and public disclosure board shall prescribe forms governing 
224.16  these disclosures.  Expenditures and contributions have the 
224.17  meaning defined in section 10A.01.  These terms do not include 
224.18  the mailing made by the association board on behalf of the 
224.19  candidate.  A candidate shall file a report within 30 days from 
224.20  the day that the results of the election are announced.  The 
224.21  campaign finance and public disclosure board shall maintain 
224.22  these reports and make them available for public inspection in 
224.23  the same manner as the board maintains and makes available other 
224.24  reports filed with it.  
224.25     (f) By January 10 of each year in which elections are to be 
224.26  held the board shall distribute by mail to the members ballots 
224.27  listing the candidates.  No member may vote for more than one 
224.28  candidate for each board position to be filled.  A ballot 
224.29  indicating a vote for more than one person for any position is 
224.30  void.  No special marking may be used on the ballot to indicate 
224.31  incumbents.  The last day for mailing ballots to the fund is 
224.32  January 31.  Terms expire on January 31 of the fourth year, and 
224.33  positions are vacant until newly elected members are qualified.  
224.34  The ballot envelopes must be so designed and the ballots counted 
224.35  in a manner that ensures that each vote is secret.  The 
224.36  secretary of state shall supervise the elections.  
225.1      (g) The board of trustees and the executive director shall 
225.2   undertake their activities consistent with chapter 356A. 
225.3      Sec. 16.  Minnesota Statutes 2000, section 353.27, 
225.4   subdivision 2, is amended to read: 
225.5      Subd. 2.  [EMPLOYEE CONTRIBUTION.] (a) The employee 
225.6   contribution is an the following applicable percentage of total 
225.7   salary amount (1) for a "basic member" equal to 8.75 percent of 
225.8   total salary; and (2) for a "coordinated member" equal to 4.75 
225.9   percent of total salary.: 
225.10                           basic program     coordinated program
225.11  before January 1, 2002          8.75                  4.75  
225.12  effective January 1, 2002       9.10                  5.10  
225.13     (b) These contributions must be made by deduction from 
225.14  salary in the manner provided in subdivision 4.  Where any 
225.15  portion of a member's salary is paid from other than public 
225.16  funds, such member's employee contribution must be based on the 
225.17  total salary received from all sources. 
225.18     Sec. 17.  Minnesota Statutes 2000, section 353.27, 
225.19  subdivision 3, is amended to read: 
225.20     Subd. 3.  [EMPLOYER CONTRIBUTION.] (a) The employer 
225.21  contribution is an the following applicable percentage of total 
225.22  salary amount equal to the employee contribution under 
225.23  subdivision 2.: 
225.24                          basic program      coordinated program  
225.25  before January 1, 2002        8.75                  4.75 
225.26  effective January 1, 2002     9.10                  5.10   
225.27     (b) This contribution must be made from funds available to 
225.28  the employing subdivision by the means and in the manner 
225.29  provided in section 353.28. 
225.30     Sec. 18.  Minnesota Statutes 2000, section 353.27, 
225.31  subdivision 4, is amended to read: 
225.32     Subd. 4.  [EMPLOYER REPORTING REQUIREMENTS; CONTRIBUTIONS; 
225.33  MEMBER STATUS.] (a) A representative authorized by the head of 
225.34  each department shall deduct employee contributions from the 
225.35  salary of each employee who qualifies for membership under this 
225.36  chapter and remit payment in a manner prescribed by the 
226.1   executive director for the aggregate amount of the employee 
226.2   contributions, the employer contributions and the additional 
226.3   employer contributions to be received within 14 calendar days.  
226.4   The head of each department or the person's designee shall for 
226.5   each pay period submit to the association a salary deduction 
226.6   report in the format prescribed by the executive director.  Data 
226.7   to be submitted as part of salary deduction reporting must 
226.8   include, but are not limited to:  
226.9      (1) the legal names and social security numbers of 
226.10  employees who are members; 
226.11     (2) the amount of each employee's salary deduction; 
226.12     (3) the amount of salary from which each deduction was 
226.13  made; 
226.14     (4) the beginning and ending dates of the payroll period 
226.15  covered and the date of actual payment; and 
226.16     (5) adjustments or corrections covering past pay periods; 
226.17  and 
226.18     (6) the number of compensated hours of each employee during 
226.19  the payroll period.  
226.20     (b) Employers must furnish the data required for enrollment 
226.21  for each new employee who qualifies for membership in the format 
226.22  prescribed by the executive director.  The required enrollment 
226.23  data on new employees must be submitted to the association prior 
226.24  to or concurrent with the submission of the initial employee 
226.25  salary deduction.  The employer shall also report to the 
226.26  association all member employment status changes, such as leaves 
226.27  of absence, terminations, and death, and the effective dates of 
226.28  those changes, on an ongoing basis for the payroll cycle in 
226.29  which they occur.  The employer shall furnish data, forms, and 
226.30  reports as may be required by the executive director for proper 
226.31  administration of the retirement system.  Before implementing 
226.32  new or different computerized reporting requirements, the 
226.33  executive director shall give appropriate advance notice to 
226.34  governmental subdivisions to allow time for system modifications.
226.35     (c) Notwithstanding paragraph (a), the association may 
226.36  provide for less frequent reporting and payments for small 
227.1   employers. 
227.2      Sec. 19.  Minnesota Statutes 2000, section 353.27, 
227.3   subdivision 11, is amended to read: 
227.4      Subd. 11.  [EMPLOYERS; REQUIRED TO FURNISH REQUESTED 
227.5   INFORMATION.] All governmental subdivisions shall furnish 
227.6   promptly such other information relative to the employment 
227.7   status of all employees or former employees, including but not 
227.8   limited to payroll abstracts pertaining to all past and present 
227.9   employees, as may be requested by the association or its 
227.10  executive director, including schedules of salaries applicable 
227.11  to various categories of employment, and the number of actual or 
227.12  estimated compensated hours for employees.  In the event payroll 
227.13  abstract records have been lost or destroyed, for whatever 
227.14  reason or in whatever manner, so that such schedules of salaries 
227.15  cannot be furnished therefrom, the employing governmental 
227.16  subdivision, in lieu thereof, shall furnish to the association 
227.17  an estimate of the earnings of any employee or former employee 
227.18  for any period as may be requested by the association or its 
227.19  executive director. Should the association receive such 
227.20  schedules of estimated earnings, the executive director is 
227.21  hereby authorized to use the same as a basis for making whatever 
227.22  computations might be necessary for determining obligations of 
227.23  the employee and employer to the retirement fund.  If estimates 
227.24  are not furnished by the employer pursuant to the request of the 
227.25  association or its executive director, the association may 
227.26  estimate the obligations of the employee and employer to the 
227.27  retirement fund based upon such records as are in its 
227.28  possession.  Where payroll abstracts have been lost or 
227.29  destroyed, the governmental agency need not furnish any 
227.30  information pertaining to employment prior to July 1, 1963. The 
227.31  association shall make no estimate of any obligation of any 
227.32  employee, former employee, or employer covering employment prior 
227.33  to July 1, 1963. 
227.34     Sec. 20.  Minnesota Statutes 2000, section 353.86, 
227.35  subdivision 1, is amended to read: 
227.36     Subdivision 1.  [PARTICIPATION.] Volunteer ambulance 
228.1   service personnel, as defined in section 353.01, subdivision 35, 
228.2   who are or become members of and participants in the public 
228.3   employees retirement fund or the public employees police and 
228.4   fire fund before July 1, 2002, and make contributions to either 
228.5   of those funds based on compensation for service other than 
228.6   volunteer ambulance service may elect to participate in that 
228.7   same fund with respect to compensation received for volunteer 
228.8   ambulance service, provided that the volunteer ambulance service 
228.9   is not credited to another public or private pension plan 
228.10  including the public employees retirement plan established by 
228.11  chapter 353D and provided further that the volunteer ambulance 
228.12  service is rendered for the same governmental unit for which the 
228.13  nonvolunteer ambulance service is rendered. 
228.14     Sec. 21.  Minnesota Statutes 2000, section 356.215, 
228.15  subdivision 4g, is amended to read: 
228.16     Subd. 4g.  [AMORTIZATION CONTRIBUTIONS.] (a) In addition to 
228.17  the exhibit indicating the level normal cost, the actuarial 
228.18  valuation must contain an exhibit indicating the additional 
228.19  annual contribution sufficient to amortize the unfunded 
228.20  actuarial accrued liability.  For funds governed by chapters 3A, 
228.21  352, 352B, 352C, 353, 354, 354A, and 490, the additional 
228.22  contribution must be calculated on a level percentage of covered 
228.23  payroll basis by the established date for full funding in effect 
228.24  when the valuation is prepared.  For funds governed by chapter 
228.25  3A, sections 352.90 through 352.951, chapters 352B, 352C, 
228.26  sections 353.63 through 353.68, and chapters 353C, 354A, and 
228.27  490, the level percent additional contribution must be 
228.28  calculated assuming annual payroll growth of 6.5 percent.  For 
228.29  funds governed by sections 352.01 through 352.86 and chapter 
228.30  354, the level percent additional contribution must be 
228.31  calculated assuming an annual payroll growth of five percent.  
228.32  For the fund governed by sections 353.01 through 353.46, the 
228.33  level percent additional contribution must be calculated 
228.34  assuming an annual payroll growth of six percent.  For all other 
228.35  funds, the additional annual contribution must be calculated on 
228.36  a level annual dollar amount basis. 
229.1      (b) For any fund other than the Minneapolis employees 
229.2   retirement fund and the public employees retirement association 
229.3   general plan, after the first actuarial valuation date occurring 
229.4   after June 1, 1989, if there has not been a change in the 
229.5   actuarial assumptions used for calculating the actuarial accrued 
229.6   liability of the fund, a change in the benefit plan governing 
229.7   annuities and benefits payable from the fund, a change in the 
229.8   actuarial cost method used in calculating the actuarial accrued 
229.9   liability of all or a portion of the fund, or a combination of 
229.10  the three, which change or changes by themselves without 
229.11  inclusion of any other items of increase or decrease produce a 
229.12  net increase in the unfunded actuarial accrued liability of the 
229.13  fund, the established date for full funding for the first 
229.14  actuarial valuation made after June 1, 1989, and each successive 
229.15  actuarial valuation is the first actuarial valuation date 
229.16  occurring after June 1, 2020.  
229.17     (c) For any fund or plan other than the Minneapolis 
229.18  employees retirement fund and the public employees retirement 
229.19  association general plan, after the first actuarial valuation 
229.20  date occurring after June 1, 1989, if there has been a change in 
229.21  any or all of the actuarial assumptions used for calculating the 
229.22  actuarial accrued liability of the fund, a change in the benefit 
229.23  plan governing annuities and benefits payable from the fund, a 
229.24  change in the actuarial cost method used in calculating the 
229.25  actuarial accrued liability of all or a portion of the fund, or 
229.26  a combination of the three, and the change or changes, by 
229.27  themselves and without inclusion of any other items of increase 
229.28  or decrease, produce a net increase in the unfunded actuarial 
229.29  accrued liability in the fund, the established date for full 
229.30  funding must be determined using the following procedure:  
229.31     (i) the unfunded actuarial accrued liability of the fund 
229.32  must be determined in accordance with the plan provisions 
229.33  governing annuities and retirement benefits and the actuarial 
229.34  assumptions in effect before an applicable change; 
229.35     (ii) the level annual dollar contribution or level 
229.36  percentage, whichever is applicable, needed to amortize the 
230.1   unfunded actuarial accrued liability amount determined under 
230.2   item (i) by the established date for full funding in effect 
230.3   before the change must be calculated using the interest 
230.4   assumption specified in subdivision 4d in effect before the 
230.5   change; 
230.6      (iii) the unfunded actuarial accrued liability of the fund 
230.7   must be determined in accordance with any new plan provisions 
230.8   governing annuities and benefits payable from the fund and any 
230.9   new actuarial assumptions and the remaining plan provisions 
230.10  governing annuities and benefits payable from the fund and 
230.11  actuarial assumptions in effect before the change; 
230.12     (iv) the level annual dollar contribution or level 
230.13  percentage, whichever is applicable, needed to amortize the 
230.14  difference between the unfunded actuarial accrued liability 
230.15  amount calculated under item (i) and the unfunded actuarial 
230.16  accrued liability amount calculated under item (iii) over a 
230.17  period of 30 years from the end of the plan year in which the 
230.18  applicable change is effective must be calculated using the 
230.19  applicable interest assumption specified in subdivision 4d in 
230.20  effect after any applicable change; 
230.21     (v) the level annual dollar or level percentage 
230.22  amortization contribution under item (iv) must be added to the 
230.23  level annual dollar amortization contribution or level 
230.24  percentage calculated under item (ii); 
230.25     (vi) the period in which the unfunded actuarial accrued 
230.26  liability amount determined in item (iii) is amortized by the 
230.27  total level annual dollar or level percentage amortization 
230.28  contribution computed under item (v) must be calculated using 
230.29  the interest assumption specified in subdivision 4d in effect 
230.30  after any applicable change, rounded to the nearest integral 
230.31  number of years, but not to exceed 30 years from the end of the 
230.32  plan year in which the determination of the established date for 
230.33  full funding using the procedure set forth in this clause is 
230.34  made and not to be less than the period of years beginning in 
230.35  the plan year in which the determination of the established date 
230.36  for full funding using the procedure set forth in this clause is 
231.1   made and ending by the date for full funding in effect before 
231.2   the change; and 
231.3      (vii) the period determined under item (vi) must be added 
231.4   to the date as of which the actuarial valuation was prepared and 
231.5   the date obtained is the new established date for full funding.  
231.6      (d) For the Minneapolis employees retirement fund, the 
231.7   established date for full funding is June 30, 2020. 
231.8      (e) For the public employees retirement association general 
231.9   plan, the established date for full funding is June 30, 2031. 
231.10     (f) For the retirement plans for which the annual actuarial 
231.11  valuation indicates an excess of valuation assets over the 
231.12  actuarial accrued liability, the valuation assets in excess of 
231.13  the actuarial accrued liability must be recognized as a 
231.14  reduction in the current contribution requirements by an amount 
231.15  equal to the amortization of the excess expressed as a level 
231.16  percentage of pay over a 30-year period beginning anew with each 
231.17  annual actuarial valuation of the plan. 
231.18     Sec. 22.  [IMPLEMENTATION PLAN; MAJOR STATEWIDE RETIREMENT 
231.19  SYSTEM ADMINISTRATIVE SERVICES CONSOLIDATION.] 
231.20     (a) Based on the July 15, 2001, report required under Laws 
231.21  1999, chapter 222, article 22, section 5, the executive 
231.22  directors of the Minnesota state retirement system, the public 
231.23  employees retirement association, and the teachers retirement 
231.24  association jointly shall prepare a report detailing the 
231.25  implementation steps that would be necessary to consolidate the 
231.26  administrations of the three systems into a single 
231.27  administrative structure if the legislature subsequently 
231.28  determines that such a consolidation would be in the best 
231.29  interests of the state, its taxpayers, and its public employees. 
231.30     (b) The report must include the draft proposed legislation 
231.31  that would be required to effect an administrative consolidation 
231.32  as well as a detailed schedule and timetable of the completion 
231.33  steps for a consolidation. 
231.34     (c) The report must be filed by February 15, 2002, with the 
231.35  chair of the legislative commission on pensions and retirement, 
231.36  the chair of the senate committee on state and local government 
232.1   operations, and the chair of the house committee on government 
232.2   operations and veterans affairs policy. 
232.3      Sec. 23.  [IMPLEMENTATION PLAN; AGGREGATION OF TEACHER 
232.4   RETIREMENT PLANS.] 
232.5      (a) The executive director of the teachers retirement 
232.6   association, the secretary of the Duluth teachers retirement 
232.7   fund association, the executive director of the Minneapolis 
232.8   teachers retirement fund association, and the secretary of the 
232.9   St. Paul teachers retirement fund association jointly shall 
232.10  prepare a report detailing the steps that would be necessary to 
232.11  create a restructured teacher retirement plan if the legislature 
232.12  subsequently determines that this restructuring would be in the 
232.13  best interests of the state, its taxpayers, and the public 
232.14  education community.  
232.15     (b) In preparing the report, the pension plan 
232.16  administrators must establish and consult with a task force.  
232.17  The task force must consist of representatives of the affected 
232.18  employing units and representatives of the collective bargaining 
232.19  organizations representing members of the affected pension plans.
232.20     (c) The report must include the draft proposed legislation 
232.21  that would be required to create a restructured teacher 
232.22  retirement plan as well as a detailed schedule and timetable of 
232.23  the completion steps for the creation of a restructured teacher 
232.24  retirement plan. 
232.25     (d) The report must be filed by February 15, 2003, with the 
232.26  chair of the legislative commission on pensions and retirement, 
232.27  the chair of the senate committee on state and local government 
232.28  operations, and the chair of the house committee on government 
232.29  operations and veterans affairs policy. 
232.30     Sec. 24.  [MANDATED STUDY.] 
232.31     The legislative commission on pensions and retirement, 
232.32  using information from the July 1, 2002, public employees 
232.33  retirement association actuarial valuation performed by the 
232.34  actuary retained by the commission, from available experience 
232.35  study or studies prepared by the actuary, and from any other 
232.36  sources or documents deemed applicable by the commission, shall 
233.1   study the funding requirements of the public employees 
233.2   retirement association.  If further changes in funding from 
233.3   contributions, state aid, or any other applicable source is 
233.4   deemed appropriate, the legislative commission on pensions and 
233.5   retirement shall report recommendations to the chair of the 
233.6   House government operations and veterans affairs policy 
233.7   committee and to the chair of the Senate state and local 
233.8   government operations committee by March 1, 2003. 
233.9      Sec. 25.  [EFFECTIVE DATE.] 
233.10     (a) Sections 1, 6, and 15 are effective June 30, 2001. 
233.11     (b) Sections 2, 3, 4, 5, 7, 8, 9, 10, 11, 13, and 20 are 
233.12  effective July 1, 2002. 
233.13     (c) Section 21 is effective for actuarial valuations 
233.14  prepared after June 1, 2001. 
233.15     (d) Sections 12, 14, 16, 17, 18, and 19 are effective July 
233.16  1, 2001.  
233.17     (e) Sections 22 to 24 are effective on the day following 
233.18  final enactment. 
233.19                             ARTICLE 12 
233.20                    MINNESOTA STATE COLLEGES AND
233.21             UNIVERSITIES SYSTEM RETIREMENT PROVISIONS
233.22     Section 1.  Minnesota Statutes 2000, section 354.41, 
233.23  subdivision 4, is amended to read: 
233.24     Subd. 4.  [MEMBERSHIP ELIGIBILITY FOR LABOR ORGANIZATION 
233.25  EMPLOYEES.] (a) A person who is a member on an authorized leave 
233.26  of absence and is employed as an employee or officer by the 
233.27  Minnesota federation of teachers or its affiliated branches 
233.28  within the state, the Minnesota education association, the 
233.29  Minnesota association of school principals, the Minnesota 
233.30  association of secondary school principals or the Minnesota a 
233.31  labor organization that is the exclusive bargaining agent 
233.32  representing teachers covered by this chapter or by an 
233.33  association of school administrators may elect to be a 
233.34  coordinated member of the association based on that employment, 
233.35  subject to the limitations set forth in subdivisions 4a and 4b.  
233.36  However, no person is entitled to membership under this section 
234.1   if the person also is a member of a teachers retirement 
234.2   association in a city of the first class organized under chapter 
234.3   354A for the same period of service.  
234.4      (b) The election must be made within 90 days of commencing 
234.5   employment by the labor organization. 
234.6      Sec. 2.  [354B.32] [TRANSFER OF FUNDS TO IRAP.] 
234.7      A participant in the individual retirement account plan 
234.8   established in this chapter who has less than ten years of 
234.9   allowable service under the teachers retirement association or 
234.10  the teachers retirement fund association may elect to transfer 
234.11  an amount equal to the participant's accumulated member 
234.12  contributions to the teachers retirement association or the 
234.13  teachers retirement fund association, plus compound interest at 
234.14  the rate of six percent per annum, to the individual retirement 
234.15  account plan.  The transfers are irrevocable fund to fund 
234.16  transfers, and in no event may the participant receive direct 
234.17  payment of the money transferred prior to retirement.  If a 
234.18  participant elects the contribution transfer, all of the 
234.19  participant's allowable and formula service credit in the 
234.20  teachers retirement association or the teachers retirement fund 
234.21  association associated with the transferred amount is forfeited. 
234.22     The executive director of the teachers retirement 
234.23  association and the chief administrative officers of the 
234.24  teachers retirement fund associations, in cooperation with the 
234.25  chancellor of the Minnesota state colleges and universities, 
234.26  shall notify participants who are eligible to transfer of their 
234.27  right to transfer and the amount that they are eligible to 
234.28  transfer, and shall, upon request, provide forms to implement 
234.29  the transfer.  The chancellor of the Minnesota state colleges 
234.30  and universities shall assist the teachers retirement 
234.31  association and the teachers retirement fund associations in 
234.32  developing transfer forms and in implementing the transfers.  
234.33     Authority to elect a transfer under this section expires on 
234.34  July 1, 2004. 
234.35     Sec. 3.  [REPEALER.] 
234.36     Minnesota Statutes 2000, section 354.41, subdivision 9, is 
235.1   repealed. 
235.2      Sec. 4.  [EFFECTIVE DATE.] 
235.3      (a) Sections 1 to 3 are effective the day following final 
235.4   enactment. 
235.5      (b) Coverage under section 1 applies to employment as an 
235.6   officer of the interfaculty organization on or after July 1, 
235.7   1996. 
235.8                              ARTICLE 13
235.9               LOCAL POLICE AND PAID FIRE PENSION PLANS
235.10     Section 1.  Minnesota Statutes 2000, section 423B.05, is 
235.11  amended by adding a subdivision to read: 
235.12     Subd. 4.  [RIGHT TO PARTICIPATE BY MAIL-IN BALLOT.] Active 
235.13  members, retired members, and surviving spouse members of the 
235.14  relief association have the right to participate in the election 
235.15  of board members of the association by mail-in ballot. 
235.16     Sec. 2.  Minnesota Statutes 2000, section 423B.05, is 
235.17  amended by adding a subdivision to read: 
235.18     Subd. 5.  [MAIL-IN REFERENDUM ON VOTING BY MAIL.] (a) The 
235.19  board of the association is authorized to submit the following 
235.20  question in a binding member referendum to be conducted by mail: 
235.21           "Shall the bylaws of the Minneapolis police relief 
235.22           association be amended to allow future proposed
235.23           amendments to the bylaws of the relief association
235.24           to be approved by a vote of relief association members
235.25           by mail?
235.26                                      Yes ........
235.27                                      No ........"
235.28     (b) The board of the relief association shall conduct the 
235.29  referendum by mailing a printed copy of the referendum question 
235.30  and of the ballot to all active members, retired members, and 
235.31  surviving spouse members in accordance with the voting 
235.32  procedures that the board of the relief association used in the 
235.33  most recent board election prior to March 1, 2001. 
235.34     (c) Before submitting the referendum question to a vote by 
235.35  the relief association membership, the relief association board 
235.36  shall solicit the opinions of relief association members for the 
236.1   question and against the question.  The solicitation for member 
236.2   comments must be included in the next regular relief association 
236.3   communication to relief association members following the 
236.4   proposal of the bylaw amendment and on the Internet Web site of 
236.5   the relief association.  The comment period continues for 30 
236.6   days.  The executive director of the relief association shall 
236.7   prepare a summary of the comments of relief association members 
236.8   for and against the question in a fair and impartial manner.  A 
236.9   draft of the summary document must be placed on the Internet Web 
236.10  site of the relief association for five days.  If a relief 
236.11  association board member challenges the objectivity of the draft 
236.12  summary, the draft summary must be reviewed by a neutral third 
236.13  party.  The neutral third party must be an accredited 
236.14  professional mediator.  The relief association executive 
236.15  director shall include the recommendations of the neutral third 
236.16  party in the final summary document.  The written summary 
236.17  prepared by the relief association executive director must be 
236.18  included with the question and the ballot mailed to relief 
236.19  association members. 
236.20     (d) Balloting procedures must be designed to maintain 
236.21  secrecy as to the identity of voting members.  The receipt of 
236.22  returned ballots and the counting of those ballots must be 
236.23  conducted by an accounting firm designated by the relief 
236.24  association board to perform those functions. 
236.25     (e) For adoption, the question must receive favorable votes 
236.26  from two-thirds of the relief association members who return 
236.27  ballots on the question. 
236.28     (f) If the question in paragraph (a) is approved in the 
236.29  referendum, future bylaw amendments must be conducted in the 
236.30  same manner as provided in this subdivision. 
236.31     Sec. 3.  [EVELETH RETIRED POLICE AND FIRE TRUST FUND; AD 
236.32  HOC POSTRETIREMENT ADJUSTMENT.] 
236.33     In addition to the current pensions and other retirement 
236.34  benefits payable, the pensions and retirement benefits payable 
236.35  to retired police officers and firefighters and their surviving 
236.36  spouses by the Eveleth police and fire trust fund are increased 
237.1   by $100 per month.  Increases are retroactive to January 1, 2001.
237.2      <h>[EFFECTIVE DATE.]</h> This section is effective on the day 
237.3   after the date on which the Eveleth city council and the chief 
237.4   clerical officer of the city of Eveleth complete in a timely 
237.5   manner their compliance with Minnesota Statutes, section 
237.6   645.021, subdivisions 2 and 3. 
237.7                              ARTICLE 14 
237.8         VOLUNTEER FIREFIGHTER RELIEF ASSOCIATION PROVISIONS
237.9      Section 1.  [424A.021] [QUALIFICATION FOR SERVICE PENSION 
237.10  IN CERTAIN INSTANCES.] 
237.11     Notwithstanding any provision to the contrary of section 
237.12  424A.001, subdivision 9; or 424A.02, subdivision 1, paragraph 
237.13  (d), or subdivision 9b, a member of a volunteer firefighter 
237.14  relief association who has terminated active membership in the 
237.15  relief association and has otherwise qualified for a service 
237.16  pension is entitled to receive a service pension from the relief 
237.17  association despite subsequent employment of the person by the 
237.18  applicable city or nonprofit firefighting corporation to perform 
237.19  duties as fire chief or as fire inspector within the municipal 
237.20  fire department or corporation on a full-time basis. 
237.21     Sec. 2.  Minnesota Statutes 2000, section 424A.04, is 
237.22  amended by adding a subdivision to read:  
237.23     Subd. 3.  [CONDITIONS ON RELIEF ASSOCIATION 
237.24  CONSULTANTS.] (a) If a volunteer firefighter relief association 
237.25  hires or contracts with a consultant to provide legal or 
237.26  financial advice, the association shall obtain and the 
237.27  consultant shall provide a copy of the consultant's certificate 
237.28  of insurance. 
237.29     (b) A consultant is any person who is employed under 
237.30  contract to provide legal or financial advice and who is or who 
237.31  represents to the volunteer firefighter relief association that 
237.32  the person is: 
237.33     (1) an actuary; 
237.34     (2) a licensed public accountant or a certified public 
237.35  accountant; 
237.36     (3) an attorney; 
238.1      (4) an investment advisor or manager, or an investment 
238.2   counselor; 
238.3      (5) an investment advisor or manager selection consultant; 
238.4      (6) a pension benefit design advisor or consultant; or 
238.5      (7) any other financial consultant. 
238.6      Sec. 3.  [EFFECTIVE DATE.] 
238.7      Sections 1 and 2 are effective July 1, 2001. 
238.8                              ARTICLE 15 
238.9          ONE PERSON OR SMALL GROUP SERVICE CREDIT PURCHASES
238.10     Section 1.  [TEACHERS RETIREMENT ASSOCIATION; SABBATICAL 
238.11  LEAVE OF ABSENCE SERVICE CREDIT PURCHASE.] 
238.12     (a) An eligible person described in paragraph (b) is 
238.13  entitled to purchase 0.34 of a year of allowable and formula 
238.14  service credit from the teachers retirement association. 
238.15     (b) An eligible person is a person who: 
238.16     (1) was born on August 7, 1942; 
238.17     (2) was employed by independent school district No. 11, 
238.18  Anoka-Hennepin, on August 28, 1970; 
238.19     (3) was on a sabbatical leave of absence from July 1, 1977, 
238.20  to June 30, 1978; and 
238.21     (4) due to inadvertent clerical error by independent school 
238.22  district No. 11, Anoka-Hennepin, did not have full contributions 
238.23  for the sabbatical leave made in a timely fashion and 0.654 of a 
238.24  year of service credit was credited rather than one year of 
238.25  service for the sabbatical leave. 
238.26     (c) To purchase the service credit under this section, the 
238.27  eligible person must pay to the teachers retirement association 
238.28  the amount of the shortage in member contributions for the 
238.29  sabbatical leave period plus interest from June 30, 1978, to the 
238.30  date on which payment is made at an annual compound rate of 8.5 
238.31  percent.  Authority to make this payment expires on July 1, 
238.32  2002, or the date of termination of service, whichever is 
238.33  earlier. 
238.34     (d) If the eligible person makes the payment required in 
238.35  paragraph (c) in a timely manner, independent school district 
238.36  No. 11, Anoka-Hennepin, may pay the balance of the full prior 
239.1   service credit purchase payment amount calculated under 
239.2   Minnesota Statutes, section 356.55 or 356.551, whichever 
239.3   applies.  If independent school district No. 11, Anoka-Hennepin, 
239.4   does not pay the balance within 30 days of notification by the 
239.5   executive director of the teachers retirement association of the 
239.6   payment of the member contribution payment by the eligible 
239.7   person under paragraph (c), the executive director shall notify 
239.8   the commissioner of finance of that fact and the commissioner 
239.9   shall deduct from any state aid payable to independent school 
239.10  district No. 11, Anoka-Hennepin, that amount, plus interest on 
239.11  that amount of 1.5 percent per month for each month or portion 
239.12  of a month that has elapsed from the effective date of this 
239.13  section. 
239.14     (e) The eligible person shall provide any relevant 
239.15  documentation related to eligibility to make this service credit 
239.16  purchase that is required by the executive director of the 
239.17  teachers retirement association. 
239.18     Sec. 2.  [TEACHERS RETIREMENT ASSOCIATION; PURCHASE OF 
239.19  EXTENDED LEAVE OF ABSENCE SERVICE CREDIT.] 
239.20     (a) An eligible person, as described in paragraph (b), is 
239.21  entitled to purchase allowable and formula service credit in the 
239.22  teachers retirement association for the period specified in 
239.23  paragraph (c) by making the payment specified in Minnesota 
239.24  Statutes, section 356.55. 
239.25     (b) An eligible person is a person who: 
239.26     (1) was born on May 25, 1948; 
239.27     (2) was employed by the Hutchinson public schools for 26 
239.28  years; 
239.29     (3) was granted an extended leave of absence on May 27, 
239.30  1997; and 
239.31     (4) due to a clerical error within the person's electrical 
239.32  business, omitted payment of contributions under Minnesota 
239.33  Statutes, section 354.094, for the 1997-1998 school year. 
239.34     (c) The prior service credit purchase period is the 
239.35  1997-1998, 1998-1999, and 1999-2000 school years. 
239.36     (d) The service credit purchase authority expires on June 
240.1   29, 2001, or the date of the person's retirement, whichever is 
240.2   earlier. 
240.3      Sec. 3.  [PUBLIC EMPLOYEES RETIREMENT ASSOCIATION; PURCHASE 
240.4   OF PREVIOUSLY UNCREDITED WHITE BEAR LAKE PUBLIC SCHOOL CLERICAL 
240.5   SERVICE.] 
240.6      (a) An eligible person described in paragraph (b) is 
240.7   entitled to receive credit for one year of allowable service 
240.8   from the public employees retirement association on June 30, 
240.9   2001. 
240.10     (b) An eligible person is a person who: 
240.11     (1) was born on July 24, 1939; 
240.12     (2) was initially employed by independent school district 
240.13  No. 624, White Bear Lake, as a casual clerical employee on March 
240.14  15, 1971; 
240.15     (3) was subsequently employed as a full-time clerical 
240.16  employee by independent school district No. 624, White Bear 
240.17  Lake, from the 1973-1974 school year until the 1990-1991 school 
240.18  year; 
240.19     (4) was subsequently employed as a teacher by independent 
240.20  school district No. 624, White Bear Lake, from August 26, 1991; 
240.21  and 
240.22     (5) was not included in coverage by the public employees 
240.23  retirement association for full-time clerical employment during 
240.24  the 1973-1974 school year. 
240.25     (c) The prior service credit purchase payment must be 
240.26  determined under Minnesota Statutes, section 356.55 or 356.551, 
240.27  whichever provision is in effect, and must include the impact of 
240.28  the purchase on the eligible person's prospective retirement 
240.29  annuity from the teachers retirement association.  
240.30  Notwithstanding any provision of Minnesota Statutes, section 
240.31  356.55 or 356.551, to the contrary, independent school district 
240.32  No. 624, White Bear Lake, is obligated to pay the full required 
240.33  service credit payment, including any amount attributable to the 
240.34  teachers retirement association.  If the school district does 
240.35  not make payment of the service credit purchase amount by June 
240.36  30, 2001, the executive director of the public employees 
241.1   retirement association and the executive director of the 
241.2   teachers retirement association shall notify the commissioner of 
241.3   finance of the school district's failure.  Following 
241.4   notification, the commissioner of finance shall deduct the 
241.5   required amount from any state aid otherwise payable to 
241.6   independent school district No. 624, White Bear Lake, and shall 
241.7   transfer the appropriate amounts to the public employees 
241.8   retirement fund and the teachers retirement fund. 
241.9      (d) The eligible person must provide the executive director 
241.10  of the public employees retirement association with necessary 
241.11  documentation of the applicability of this section and with any 
241.12  other relevant information that the executive director may 
241.13  require. 
241.14     Sec. 4.  [MINNEAPOLIS TEACHERS RETIREMENT FUND ASSOCIATION; 
241.15  SERVICE CREDIT PURCHASE AUTHORIZATION.] 
241.16     (a) Notwithstanding any provision of law to the contrary, 
241.17  an eligible person described in paragraph (b) is authorized to 
241.18  purchase allowable service credit under procedures specified in 
241.19  Minnesota Statutes, section 356.55 or 356.551, whichever is in 
241.20  effect, from the Minneapolis teachers retirement fund 
241.21  association for the period described in paragraph (c). 
241.22     (b) An eligible person is a person who: 
241.23     (1) was born on July 21, 1941; 
241.24     (2) initially was employed as a teacher by independent 
241.25  school district No. 281, Robbinsdale, in December 1962; 
241.26     (3) began employment as a teacher in special school 
241.27  district No. 1, Minneapolis, in August 1985; 
241.28     (4) currently is a special education teacher at the Webster 
241.29  open school; and 
241.30     (5) had no retirement contributions or social security 
241.31  contributions withheld from compensation by special school 
241.32  district No. 1, Minneapolis, for the 1985-1986 school year. 
241.33     (c) The allowable service credit purchase period is the 
241.34  1985-1986 school year. 
241.35     (d) The eligible person must provide all relevant 
241.36  documentation of the applicability of the requirements set forth 
242.1   in paragraph (b) and any other applicable information that the 
242.2   executive director of the Minneapolis teachers retirement fund 
242.3   association may request. 
242.4      (e) Allowable service credit for the purchase period must 
242.5   be granted by the Minneapolis teachers retirement fund 
242.6   association to the eligible person upon receipt of the payment 
242.7   amounts.  If the service credit purchase created additional 
242.8   liabilities in the teachers retirement association, the 
242.9   applicable portion of the full payment amounts shall be 
242.10  transferred to that association. 
242.11     (f) The prior service credit purchase authority expires on 
242.12  July 1, 2001, or on the date of the termination of active 
242.13  teaching service with special school district No. 1, 
242.14  Minneapolis, by the eligible person, whichever occurs earlier. 
242.15     Sec. 5.  [PUBLIC EMPLOYEES RETIREMENT ASSOCIATION; PAYMENT 
242.16  OF OMITTED SALARY DEDUCTIONS.] 
242.17     Subdivision 1.  [APPLICATION.] A person who was born on 
242.18  February 1, 1961, who was employed by Lac Qui Parle county in 
242.19  March 1989, June 1989, and July 1989, but who first had public 
242.20  employees retirement association member contributions deducted 
242.21  in August 1989, is entitled to purchase service credit from the 
242.22  public employees retirement association for the service in 
242.23  March, June, and July 1989. 
242.24     Subd. 2.  [PAYMENT.] (a) The purchase payment amount for 
242.25  the service credit purchase authorized in subdivision 1 is 
242.26  governed by Minnesota Statutes, section 356.55 or 356.551, 
242.27  whichever is applicable. 
242.28     (b) To purchase the allowable service credit, the eligible 
242.29  person must pay an amount equal to the employee contribution 
242.30  rate or rates in effect during the service credit purchase 
242.31  period applied to the actual salary in effect during that 
242.32  period, plus 8.5 percent compound annual interest from the date 
242.33  the contributions should have been made until the date of actual 
242.34  payment. 
242.35     (c) Upon receipt of the payment by the eligible person as 
242.36  specified under paragraph (b), the executive director of the 
243.1   public employees retirement association shall notify the chief 
243.2   administrative officer of Lac Qui Parle county of that fact.  
243.3   Within 30 days of that notification, Lac Qui Parle county shall 
243.4   pay to the public employees retirement association the balance 
243.5   of the service credit purchase payment amount under Minnesota 
243.6   Statutes, section 356.55 or 356.551, whichever is in effect, 
243.7   that is not paid by the eligible person. 
243.8      (d) If Lac Qui Parle county does not make the payments 
243.9   required by paragraph (c) in a timely fashion, the executive 
243.10  director of the public employees retirement association shall 
243.11  notify the commissioner of finance, who shall then deduct the 
243.12  required amounts from any state aid payable to the county, plus 
243.13  interest at the rate of one percent per month or part of a month 
243.14  that has elapsed since the date on which the eligible person 
243.15  made payment under paragraph (b). 
243.16     Subd. 3.  [APPLICATION; DOCUMENTATION.] A person described 
243.17  in subdivision 1 must apply to the executive director of the 
243.18  public employees retirement association to make the purchase.  
243.19  The application must be on a form provided by the executive 
243.20  director and must include all necessary documentation of the 
243.21  applicability of this section and any other relevant information 
243.22  that the executive director may require. 
243.23     Subd. 4.  [LIMITATION.] Authority under this section 
243.24  expires on July 1, 2002, or upon termination of service, 
243.25  whichever is earlier. 
243.26     Sec. 6.  [PUBLIC EMPLOYEES RETIREMENT ASSOCIATION; PAYMENT 
243.27  OF OMITTED SALARY DEDUCTION.] 
243.28     Subdivision 1.  [APPLICATION.] (a) An eligible person 
243.29  described in paragraph (b) and an eligible person described in 
243.30  paragraph (c) are authorized to purchase service credit in the 
243.31  public employees retirement association general plan for the 
243.32  period specified in paragraph (d). 
243.33     (b) An eligible person is a person who: 
243.34     (1) was born on February 11, 1948; 
243.35     (2) is currently a member of the public employees 
243.36  retirement association general plan; and 
244.1      (3) is currently employed by the Minneapolis park board and 
244.2   was first employed by that board on March 8, 1983. 
244.3      (c) An eligible person is a person who: 
244.4      (1) was born on August 12, 1936; 
244.5      (2) is currently a member of the public employees 
244.6   retirement association general plan; and 
244.7      (3) is currently employed by the Minneapolis park board and 
244.8   was first employed by that board on April 4, 1983. 
244.9      (d) The service credit purchase period is any period of 
244.10  previously uncredited service, unless properly excluded under 
244.11  law, during which the eligible person in paragraph (b) or (c), 
244.12  as applicable, was employed by the Minneapolis park board 
244.13  following the date on which, under applicable requirements of 
244.14  public employees retirement association law, the applicable 
244.15  eligible person should have been reported for plan membership. 
244.16     Subd. 2.  [PAYMENT.] The purchase payment for the service 
244.17  credit purchases authorized in subdivision 1 is governed by 
244.18  Minnesota Statutes, section 356.55 or 356.551, whichever is 
244.19  applicable. 
244.20     Subd. 3.  [DOCUMENTATION.] A person described in 
244.21  subdivision 1 must apply to the executive director of the public 
244.22  employees retirement association to make the purchase.  The 
244.23  application must be in writing and must include all necessary 
244.24  documentation of the applicability of this section and any other 
244.25  relevant information required by the executive director.  
244.26     Subd. 4.  [APPLICATION DATE.] Authority to purchase service 
244.27  credit under this section terminates on January 1, 2002, or upon 
244.28  termination of the applicable person from service. 
244.29     Sec. 7.  [PERA-COORDINATED RETIREMENT PLAN; SERVICE CREDIT 
244.30  PURCHASE AUTHORIZED.] 
244.31     (a) Notwithstanding any provision of law to the contrary, 
244.32  an eligible person described in paragraph (b) is authorized to 
244.33  purchase allowable service credit from the coordinated plan of 
244.34  the public employees retirement system for the period described 
244.35  in paragraph (c) by making a prior service credit purchase 
244.36  payment required under Minnesota Statutes, section 356.55 or 
245.1   356.551, whichever is applicable.  Notwithstanding the authority 
245.2   in these sections, neither the Minneapolis employees retirement 
245.3   fund nor the city of Minneapolis is authorized to pay any 
245.4   portion of the purchase payment amount. 
245.5      (b) An eligible person is a person who: 
245.6      (1) is a current employee of the Minneapolis employees 
245.7   retirement fund and is a current member of the coordinated plan 
245.8   of the public employees retirement association and an inactive 
245.9   member of the unclassified retirement plan of the Minnesota 
245.10  state retirement system; 
245.11     (2) was born on April 26, 1949; 
245.12     (3) was employed as a full-time instructor temporary 
245.13  classification on August 15, 1981, by the accounting department, 
245.14  Carlson school of management, University of Minnesota; and 
245.15     (4) was subsequently reappointed annually as a full-time 
245.16  instructor temporary classification for an additional three 
245.17  years and terminated employment on August 14, 1985. 
245.18     (c) The allowable service credit purchase period is the 
245.19  period described in paragraph (b), clauses (3) and (4). 
245.20     (d) The eligible person must provide all relevant 
245.21  documentation of the applicability of the requirements in 
245.22  paragraph (b) and any other applicable information that the 
245.23  executive director of the public employees retirement 
245.24  association may request. 
245.25     (e) Allowable service credit for the purchase period must 
245.26  be granted by the coordinated plan of the public employees 
245.27  retirement fund to the eligible person upon receipt of the prior 
245.28  service credit purchase payment amount. 
245.29     (f) The prior service credit purchase authority expires on 
245.30  July 1, 2002, or on the date of termination of active service 
245.31  covered by the public employees retirement association by the 
245.32  eligible person, whichever occurs earlier. 
245.33     Sec. 8.  [PUBLIC EMPLOYEES POLICE AND FIRE PLAN; PURCHASE 
245.34  OF PRIOR SERVICE CREDIT.] 
245.35     Subdivision 1.  [AUTHORIZATION.] A member of the public 
245.36  employees retirement association police and fire plan who was 
246.1   born on August 2, 1951, who was employed by the city of Brainerd 
246.2   as a police officer before February 29, 1996, and who has at 
246.3   least three years of allowable service credit with the public 
246.4   employees retirement association police and fire fund is 
246.5   entitled to purchase up to ten years of allowable service credit 
246.6   for employment by the city of Brainerd as a full-time police 
246.7   officer in a position that was not covered by the police and 
246.8   fire fund but was covered by a local relief association governed 
246.9   by Minnesota Statutes, section 69.77.  This authorization 
246.10  applies notwithstanding any contrary provision of Minnesota 
246.11  Statutes, section 353A.10.  To purchase service credit, an 
246.12  eligible person must make payments required under Minnesota 
246.13  Statutes, section 356.55 or 356.551, whichever is applicable.  
246.14  This authorization applies only if the person is not entitled to 
246.15  receive a current or deferred service pension or retirement 
246.16  annuity or a current disability benefit from another Minnesota 
246.17  public pension plan, including a local police relief 
246.18  association, for that service. 
246.19     Subd. 2.  [APPLICATION AND DOCUMENTATION.] A person who 
246.20  desires to purchase service credit under subdivision 1 must 
246.21  apply in writing with the executive director of the public 
246.22  employees retirement association to make the purchase.  The 
246.23  application must include all necessary documentation of the 
246.24  person's qualifications to make the purchase, signed written 
246.25  permission to allow the executive director to request and 
246.26  receive necessary verification of applicable facts and 
246.27  eligibility requirements, and any other relevant information 
246.28  that the executive director may require. 
246.29     Subd. 3.  [SERVICE CREDIT GRANT.] Allowable service credit 
246.30  for the purchase period must be granted by the public employees 
246.31  retirement association to the purchasing person only upon 
246.32  receipt of the purchase payment amount.  Payment must be made 
246.33  before the person's effective date of retirement. 
246.34     Sec. 9.  [PUBLIC EMPLOYEES RETIREMENT ASSOCIATION; PURCHASE 
246.35  OF SERVICE FOR UNCREDITED SERVICE AS A MEMBER OF THE ST. PAUL 
246.36  CITY COUNCIL.] 
247.1      Subdivision 1.  [APPLICABILITY.] This section applies to a 
247.2   person: 
247.3      (1) who was born September 10, 1938; 
247.4      (2) who began service as a member of the St. Paul city 
247.5   council in 1970; 
247.6      (3) who was eligible for membership in the public employees 
247.7   retirement association for the period from July 1, 1974, to 
247.8   March 31, 1975; 
247.9      (4) for whom no employer contributions were paid and no 
247.10  employee contributions deducted by the city of St. Paul for the 
247.11  period described in clause (3); and 
247.12     (5) who retired September 1, 2000, and is currently 
247.13  receiving retirement annuities from the St. Paul teachers 
247.14  retirement fund association, the public employees retirement 
247.15  association general plan, and the Minnesota state retirement 
247.16  system general plan. 
247.17     Subd. 2.  [PURCHASE OF SERVICE.] (a) A person described in 
247.18  subdivision 1 may purchase service credit under Minnesota 
247.19  Statutes, section 356.55, in the public employees retirement 
247.20  association general plan for the period described in subdivision 
247.21  1, clause (3). 
247.22     (b) To purchase the allowable service credit, the eligible 
247.23  person must pay an amount equal to the employee contribution 
247.24  rate or rates in effect during the service credit purchase 
247.25  period applied to the actual salary in effect during that 
247.26  period, plus 8.5 percent compound annual interest from the date 
247.27  the contributions should have been made until the date of actual 
247.28  payment. 
247.29     (c) Upon receipt of the payment under paragraph (b) by the 
247.30  eligible person, the executive director of the public employees 
247.31  retirement association shall notify the chief administrative 
247.32  officer of the city of St. Paul of that fact.  Within 30 days of 
247.33  that notification, the city of St. Paul shall pay to the public 
247.34  employees retirement association the balance of the service 
247.35  credit purchase payment amount under Minnesota Statutes, section 
247.36  356.55, that is not paid by the eligible person. 
248.1      (d) If the city of St. Paul does not make the payments 
248.2   required by paragraph (c) in a timely fashion, the executive 
248.3   director of the public employees retirement association shall 
248.4   notify the commissioner of finance, who shall then deduct the 
248.5   required amounts from any state aid payable to the city, plus 
248.6   interest at the rate of one percent per month or part of a month 
248.7   that has elapsed since the date on which the eligible person 
248.8   made payment under paragraph (b). 
248.9      Subd. 3.  [APPLICATION; DOCUMENTATION.] A person described 
248.10  in subdivision 1 must apply to the executive director of the 
248.11  public employees retirement association to make the purchase.  
248.12  The application must be on a form provided by the executive 
248.13  director and must include all necessary documentation of the 
248.14  applicability of this section and any other relevant information 
248.15  that the executive director may require. 
248.16     Subd. 4.  [LIMITATION.] Authority under this section 
248.17  expires on July 1, 2001. 
248.18     Subd. 5.  [BENEFIT REVISION DATE.] The annuity of the 
248.19  eligible individual under subdivision 1 is to be revised on the 
248.20  first day of the month following the month in which the full 
248.21  purchase price determined under subdivision 2 is received by the 
248.22  public employees retirement association. 
248.23     Subd. 6.  [LUMP-SUM PAYMENT.] The public employees 
248.24  retirement association shall also pay the person described in 
248.25  subdivision 1 a lump-sum amount equal to the difference between 
248.26  the annuity received from the association from September 1, 
248.27  2000, to the date of payment for the service credit and the 
248.28  amount the person would have received with the additional 
248.29  service credit purchased under this section. 
248.30     Sec. 10.  [PUBLIC EMPLOYEES POLICE AND FIRE PLAN; PURCHASE 
248.31  OF SERVICE CREDIT FOR EMPLOYEE ERRONEOUSLY ENROLLED IN 
248.32  PERA-GENERAL.] 
248.33     (a) Notwithstanding any provision of law to the contrary, 
248.34  an eligible person described in paragraph (b) is authorized to 
248.35  elect to transfer past service credit for the period May 5, 
248.36  1983, to August 29, 1987, in the general employee retirement 
249.1   plan of the public employees retirement association to the 
249.2   public employees police and fire retirement plan.  The transfer 
249.3   includes the transfer of assets provided for in paragraph (c).  
249.4   The transfer occurs following the receipt by the executive 
249.5   director of the public employees retirement association of the 
249.6   payment amounts specified in paragraphs (d) and (e). 
249.7      (b) An eligible person is a person who: 
249.8      (1) was born on October 23, 1956; 
249.9      (2) was hired as a part-time town constable by White Bear 
249.10  township from May 5, 1983, to August 29, 1987; and 
249.11     (3) was covered by the general employees retirement plan of 
249.12  the public employees retirement association rather than the 
249.13  public employees police and fire retirement plan for this public 
249.14  safety employer service.  
249.15     (c) Assets equal to 86.31 percent of the actuarial accrued 
249.16  liability of the general employees retirement plan of the public 
249.17  employees retirement association determined with respect to the 
249.18  eligible person by the actuary retained by the legislative 
249.19  commission on pensions and retirement in accordance with 
249.20  Minnesota Statutes, section 356.215, must be transferred from 
249.21  the general employees retirement fund to the public employees 
249.22  police and fire retirement fund.  The expense of the legislative 
249.23  commission on pensions and retirement related to these 
249.24  calculations must be reimbursed by the public employees police 
249.25  and fire fund.  The transfer of assets must be made within 30 
249.26  days of the date on which the eligible employee elects to 
249.27  transfer past service credit to the public employees police and 
249.28  fire retirement plan. 
249.29     (d) To obtain the service credit transfer under this 
249.30  section, the eligible person must pay to the public employees 
249.31  police and fire retirement plan the difference between the 
249.32  member contribution rate of the general employees retirement 
249.33  plan of the public employees retirement association and the 
249.34  member contribution rate of the public employees police and fire 
249.35  retirement plan for the period May 5, 1983, to August 29, 1987, 
249.36  applied to the eligible person's average salary for that period, 
250.1   plus 8.5 percent compound annual interest on the total from July 
250.2   1, 1985, to the date of payment.  Authority for the eligible 
250.3   person to make the payment under this paragraph expires on July 
250.4   1, 2002. 
250.5      (e) If the eligible person makes the required payment under 
250.6   paragraph (d) in a timely manner, the executive director of the 
250.7   public employees retirement association shall notify the 
250.8   clerk-treasurer of White Bear township of that fact.  Within 30 
250.9   days of that notification, White Bear township shall pay to the 
250.10  public employees police and fire fund:  (1) the balance of the 
250.11  payment amount calculated under Minnesota Statutes, section 
250.12  356.55 or 356.551, whichever is in effect, that exceeds the 
250.13  total of the amount transferred under paragraph (c) and the 
250.14  amount paid by the eligible person under paragraph (d); and (2) 
250.15  the cost associated with the actuarial calculation under 
250.16  paragraph (c).  If White Bear township does not make the payment 
250.17  required by the paragraph in a timely fashion, the executive 
250.18  director of the public employees retirement association shall 
250.19  notify the commissioner of finance of that fact, who shall then 
250.20  deduct the required amount from any subsequent state aid or 
250.21  other state payments to the township, plus interest at the rate 
250.22  of one percent per month or a part of a month that has elapsed 
250.23  since the date on which the eligible person made payment under 
250.24  paragraph (d). 
250.25     (f) The eligible person must elect to make the service 
250.26  credit transfer on a form prescribed by the executive director 
250.27  of the public employees retirement association.  The eligible 
250.28  person must supply all necessary documentation of the 
250.29  applicability of this section and any other relevant information 
250.30  that the executive director may require. 
250.31     (g) Authority under this section expires on July 1, 2002, 
250.32  or upon the retirement of the eligible person from the general 
250.33  employees retirement plan of the public employees retirement 
250.34  association or from the public employees police and fire 
250.35  retirement plan, whichever is earlier. 
250.36     Sec. 11.  [EFFECTIVE DATE.] 
251.1      (a) Sections 1 to 10 are effective the day following final 
251.2   enactment. 
251.3      (b) Section 8 is repealed effective May 16, 2002.