1.1                          A bill for an act 
  1.2             relating to state government; codifying transfer of 
  1.3             planning office to Department of Administration; 
  1.4             authorizing forward pricing for energy purchases; 
  1.5             reinstating Small Business Procurement Advisory 
  1.6             Council; appropriating money; amending Minnesota 
  1.7             Statutes 2002, sections 4A.03; 4A.04; 4A.05, 
  1.8             subdivisions 1, 1a, 2; 4A.07, subdivisions 2, 3, 4, 5; 
  1.9             16B.87, subdivision 1; 16C.17, subdivision 2; 116.182, 
  1.10            subdivision 3a; 116C.03, subdivisions 4, 5; 116C.712, 
  1.11            subdivisions 3, 5; 124D.23, subdivision 9; 299C.65, 
  1.12            subdivision 2; 414.01, subdivisions 1, 16; 414.011, 
  1.13            subdivision 11; 414.031, subdivision 4a; 414.12, 
  1.14            subdivision 3; 572A.02, subdivisions 2, 5; Minnesota 
  1.15            Statutes 2003 Supplement, sections 4.045; 4A.02; 
  1.16            14.3691, subdivision 2; 15A.0815, subdivision 2; 
  1.17            40A.121, subdivision 1; 43A.08, subdivision 1; 
  1.18            103F.211, subdivision 2; 116C.03, subdivision 2; 
  1.19            145.9255, subdivision 1; 145.9266, subdivision 6; 
  1.20            145.951; 245.697, subdivision 2a; 272.67, subdivision 
  1.21            1; 276A.09; 299A.293, subdivision 1; 365.46, 
  1.22            subdivision 2; 379.05; 412.021, subdivision 1; 
  1.23            412.091; 469.334, subdivision 1; 473F.13, subdivision 
  1.24            1; 473H.14; 477A.014, subdivision 4; 572A.015, 
  1.25            subdivision 2; 572A.02, subdivision 6; 611A.78, 
  1.26            subdivision 1; proposing coding for new law in 
  1.27            Minnesota Statutes, chapter 16C; repealing Minnesota 
  1.28            Statutes 2002, sections 4A.01; 394.232, subdivisions 
  1.29            1, 3, 4, 5, 6, 7, 8; 414.01, subdivision 7a; 462.3535; 
  1.30            473.1455; 572A.01; 572A.03, subdivision 2; Minnesota 
  1.31            Statutes 2003 Supplement, sections 119A.04, 
  1.32            subdivision 3; 394.232, subdivision 2; Minnesota 
  1.33            Rules, part 4410.0200, subpart 1a. 
  1.34  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.35                             ARTICLE 1 
  1.36                      PLANNING OFFICE TRANSFER 
  1.37     Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.38  4.045, is amended to read: 
  1.39     4.045 [CHILDREN'S CABINET.] 
  2.1      The Children's Cabinet shall consist of the commissioners 
  2.2   of education, human services, economic security, public safety, 
  2.3   corrections, finance, health, administration, Housing Finance 
  2.4   Agency, and transportation, and the director of the Office of 
  2.5   Strategic and Long-Range Planning.  The governor shall designate 
  2.6   one member to serve as cabinet chair.  The chair is responsible 
  2.7   for ensuring that the duties of the Children's Cabinet are 
  2.8   performed. 
  2.9      Sec. 2.  Minnesota Statutes 2003 Supplement, section 4A.02, 
  2.10  is amended to read: 
  2.11     4A.02 [STATE DEMOGRAPHER.] 
  2.12     (a) The director commissioner of administration shall 
  2.13  appoint a state demographer.  The demographer must be 
  2.14  professionally competent in demography and must possess 
  2.15  demonstrated ability based upon past performance.  
  2.16     (b) The demographer shall: 
  2.17     (1) continuously gather and develop demographic data 
  2.18  relevant to the state; 
  2.19     (2) design and test methods of research and data 
  2.20  collection; 
  2.21     (3) periodically prepare population projections for the 
  2.22  state and designated regions and periodically prepare 
  2.23  projections for each county or other political subdivision of 
  2.24  the state as necessary to carry out the purposes of this 
  2.25  section; 
  2.26     (4) review, comment on, and prepare analysis of population 
  2.27  estimates and projections made by state agencies, political 
  2.28  subdivisions, other states, federal agencies, or nongovernmental 
  2.29  persons, institutions, or commissions; 
  2.30     (5) serve as the state liaison with the United States 
  2.31  Bureau of the Census, coordinate state and federal demographic 
  2.32  activities to the fullest extent possible, and aid the 
  2.33  legislature in preparing a census data plan and form for each 
  2.34  decennial census; 
  2.35     (6) compile an annual study of population estimates on the 
  2.36  basis of county, regional, or other political or geographical 
  3.1   subdivisions as necessary to carry out the purposes of this 
  3.2   section and section 4A.03; 
  3.3      (7) by January 1 of each year, issue a report to the 
  3.4   legislature containing an analysis of the demographic 
  3.5   implications of the annual population study and population 
  3.6   projections; 
  3.7      (8) prepare maps for all counties in the state, all 
  3.8   municipalities with a population of 10,000 or more, and other 
  3.9   municipalities as needed for census purposes, according to scale 
  3.10  and detail recommended by the United States Bureau of the 
  3.11  Census, with the maps of cities showing precinct boundaries; 
  3.12     (9) prepare an estimate of population and of the number of 
  3.13  households for each governmental subdivision for which the 
  3.14  Metropolitan Council does not prepare an annual estimate, and 
  3.15  convey the estimates to the governing body of each political 
  3.16  subdivision by May 1 of each year; 
  3.17     (10) direct, under section 414.01, subdivision 14, and 
  3.18  certify population and household estimates of annexed or 
  3.19  detached areas of municipalities or towns after being notified 
  3.20  of the order or letter of approval by the director commissioner 
  3.21  of administration; 
  3.22     (11) prepare, for any purpose for which a population 
  3.23  estimate is required by law or needed to implement a law, a 
  3.24  population estimate of a municipality or town whose population 
  3.25  is affected by action under section 379.02 or 414.01, 
  3.26  subdivision 14; and 
  3.27     (12) prepare an estimate of average household size for each 
  3.28  statutory or home rule charter city with a population of 2,500 
  3.29  or more by May 1 of each year. 
  3.30     (c) A governing body may challenge an estimate made under 
  3.31  paragraph (b) by filing their specific objections in writing 
  3.32  with the state demographer by June 10.  If the challenge does 
  3.33  not result in an acceptable estimate by June 24, the governing 
  3.34  body may have a special census conducted by the United States 
  3.35  Bureau of the Census.  The political subdivision must notify the 
  3.36  state demographer by July 1 of its intent to have the special 
  4.1   census conducted.  The political subdivision must bear all costs 
  4.2   of the special census.  Results of the special census must be 
  4.3   received by the state demographer by the next April 15 to be 
  4.4   used in that year's May 1 estimate to the political subdivision 
  4.5   under paragraph (b). 
  4.6      Sec. 3.  Minnesota Statutes 2002, section 4A.03, is amended 
  4.7   to read: 
  4.8      4A.03 [POPULATION ESTIMATES AND PROJECTIONS; SUBMISSION BY 
  4.9   STATE AGENCIES.] 
  4.10     Each state agency shall submit to the director commissioner 
  4.11  of administration for comment all population estimates and 
  4.12  projections prepared by it before: 
  4.13     (1) submitting the estimates and projections to the 
  4.14  legislature or the federal government to obtain approval of 
  4.15  grants; 
  4.16     (2) the issuance of bonds based upon those estimates and 
  4.17  projections; or 
  4.18     (3) releasing a plan based upon the estimates and 
  4.19  projections. 
  4.20     Sec. 4.  Minnesota Statutes 2002, section 4A.04, is amended 
  4.21  to read: 
  4.22     4A.04 [COOPERATIVE CONTRACTS.] 
  4.23     (a) The director commissioner of administration may apply 
  4.24  for, receive, and expend money from municipal, county, regional, 
  4.25  and other planning agencies; apply for, accept, and disburse 
  4.26  grants and other aids for planning purposes from the federal 
  4.27  government and from other public or private sources; and may 
  4.28  enter into contracts with agencies of the federal government, 
  4.29  local governmental units, the University of Minnesota, and other 
  4.30  educational institutions, and private persons as necessary to 
  4.31  perform the director's commissioner's duties.  Contracts made 
  4.32  pursuant to this section are not subject to the provisions of 
  4.33  chapter 16C, as they relate to competitive bidding. 
  4.34     (b) The director commissioner may apply for, receive, and 
  4.35  expend money made available from federal sources or other 
  4.36  sources for the purposes of carrying out the duties and 
  5.1   responsibilities of the director commissioner relating to local 
  5.2   and urban affairs.  
  5.3      (c) All money received by the director commissioner 
  5.4   pursuant to this section shall be deposited in the state 
  5.5   treasury and is appropriated to the director commissioner for 
  5.6   the purposes for which the money has been received.  The money 
  5.7   shall not cancel and is available until expended.  
  5.8      Sec. 5.  Minnesota Statutes 2002, section 4A.05, 
  5.9   subdivision 1, is amended to read: 
  5.10     Subdivision 1.  [PURPOSE.] The purpose of the Land 
  5.11  Management Information Center is to foster integration of 
  5.12  environmental information and provide services in computer 
  5.13  mapping and graphics, environmental analysis, and small systems 
  5.14  development.  The director commissioner of administration, 
  5.15  through the center, shall periodically study land use and 
  5.16  natural resources on the basis of county, regional, and other 
  5.17  political subdivisions. 
  5.18     Sec. 6.  Minnesota Statutes 2002, section 4A.05, 
  5.19  subdivision 1a, is amended to read: 
  5.20     Subd. 1a.  [STATEWIDE NITRATE DATABASE.] The director 
  5.21  commissioner of administration, through the center, shall 
  5.22  maintain a statewide nitrate database containing the data 
  5.23  described in section 103A.403. 
  5.24     Sec. 7.  Minnesota Statutes 2002, section 4A.05, 
  5.25  subdivision 2, is amended to read: 
  5.26     Subd. 2.  [FEES.] The director commissioner of 
  5.27  administration shall set fees under section 16A.1285 reflecting 
  5.28  the actual costs of providing the center's information products 
  5.29  and services to clients.  Fees collected must be deposited in 
  5.30  the state treasury and credited to the Land Management 
  5.31  Information Center revolving account.  Money in the account is 
  5.32  appropriated to the director commissioner for operation of the 
  5.33  land management information system, including the cost of 
  5.34  services, supplies, materials, labor, and equipment, as well as 
  5.35  the portion of the general support costs and statewide indirect 
  5.36  costs of the office department that is attributable to the land 
  6.1   management information system.  The director commissioner may 
  6.2   require a state agency to make an advance payment to the 
  6.3   revolving fund sufficient to cover the agency's estimated 
  6.4   obligation for a period of 60 days or more.  If the revolving 
  6.5   fund is abolished or liquidated, the total net profit from 
  6.6   operations must be distributed to the funds from which purchases 
  6.7   were made.  The amount to be distributed to each fund must bear 
  6.8   to the net profit the same ratio as the total purchases from 
  6.9   each fund bear to the total purchases from all the funds during 
  6.10  a period of time that fairly reflects the amount of net profit 
  6.11  each fund is entitled to receive under this distribution. 
  6.12     Sec. 8.  Minnesota Statutes 2002, section 4A.07, 
  6.13  subdivision 2, is amended to read: 
  6.14     Subd. 2.  [PLANNING GUIDE.] The Office of Strategic and 
  6.15  Long-Range Planning Department of Administration must develop 
  6.16  and publish a planning guide for local units of government to 
  6.17  plan for sustainable development, based on the principles of 
  6.18  sustainable development adopted by the Environmental Quality 
  6.19  Board with advice of the Governor's Round Table on Sustainable 
  6.20  Development.  The office department must make the planning guide 
  6.21  available to local units of government within the state. 
  6.22     Sec. 9.  Minnesota Statutes 2002, section 4A.07, 
  6.23  subdivision 3, is amended to read: 
  6.24     Subd. 3.  [MODEL ORDINANCE.] The Office of Strategic and 
  6.25  Long-Range Planning Department of Administration, in 
  6.26  consultation with appropriate and affected parties, must prepare 
  6.27  a model ordinance to guide sustainable development. 
  6.28     Sec. 10.  Minnesota Statutes 2002, section 4A.07, 
  6.29  subdivision 4, is amended to read: 
  6.30     Subd. 4.  [SPECIFICITY AND DISTRIBUTION.] The model 
  6.31  ordinance must specify the technical and administrative 
  6.32  procedures to guide sustainable development.  When adopted by a 
  6.33  local unit of government, the model ordinance is the minimum 
  6.34  regulation to guide sustainable development that may be 
  6.35  adopted.  Upon completion, the Office of Strategic and 
  6.36  Long-Range Planning Department of Administration must notify 
  7.1   local units of government that the model ordinance is available, 
  7.2   and must distribute it to interested local units. 
  7.3      Sec. 11.  Minnesota Statutes 2002, section 4A.07, 
  7.4   subdivision 5, is amended to read: 
  7.5      Subd. 5.  [PERIODIC REVIEW.] At least once every five 
  7.6   years, the planning office Department of Administration must 
  7.7   review the model ordinance and its use with local units of 
  7.8   government to ensure its continued applicability and relevance. 
  7.9      Sec. 12.  Minnesota Statutes 2003 Supplement, section 
  7.10  14.3691, subdivision 2, is amended to read: 
  7.11     Subd. 2.  [SCHEDULE.] (a) Rules of the Administration 
  7.12  Department, Agriculture Department, Education Department, 
  7.13  Commerce Department, Corrections Department, Economic Security 
  7.14  Department, Employee Relations Department, and Health Department 
  7.15  will be reviewed before and during the legislative session in 
  7.16  2002.  Policies and procedures of the Board of Trustees of the 
  7.17  Minnesota State Colleges and Universities that would be rules if 
  7.18  they were not exempt from chapter 14 will be reviewed before and 
  7.19  during the legislative session in 2002. 
  7.20     (b) Rules of the Environmental Assistance Office, Board of 
  7.21  Teaching, Housing Finance Agency, Human Rights Department, Human 
  7.22  Services Department, Labor and Industry Department, and 
  7.23  Mediation Services Bureau will be reviewed before and during the 
  7.24  legislative session in 2003. 
  7.25     (c) Rules of the Natural Resources Department, Pollution 
  7.26  Control Agency, Public Safety Department, Public Service 
  7.27  Department, and Revenue Department will be reviewed before and 
  7.28  during the legislative session in 2004. 
  7.29     (d) Rules of the State Planning Agency, Employment and 
  7.30  Economic Development Department, Transportation Department, and 
  7.31  Veterans Affairs Department, and Department of Administration 
  7.32  rules associated with the former Office of Strategic and 
  7.33  Long-Range Planning will be reviewed before and during the 
  7.34  legislative session in 2005. 
  7.35     Sec. 13.  Minnesota Statutes 2003 Supplement, section 
  7.36  15A.0815, subdivision 2, is amended to read: 
  8.1      Subd. 2.  [GROUP I SALARY LIMITS.] The salaries for 
  8.2   positions in this subdivision may not exceed 95 percent of the 
  8.3   salary of the governor:  
  8.4      Commissioner of administration; 
  8.5      Commissioner of agriculture; 
  8.6      Commissioner of education; 
  8.7      Commissioner of commerce; 
  8.8      Commissioner of corrections; 
  8.9      Commissioner of economic security; 
  8.10     Commissioner of employee relations; 
  8.11     Commissioner of finance; 
  8.12     Commissioner of health; 
  8.13     Executive director, Higher Education Services Office; 
  8.14     Commissioner, Housing Finance Agency; 
  8.15     Commissioner of human rights; 
  8.16     Commissioner of human services; 
  8.17     Executive director, State Board of Investment; 
  8.18     Commissioner of labor and industry; 
  8.19     Commissioner of natural resources; 
  8.20     Director of Office of Strategic and Long-Range Planning; 
  8.21     Commissioner, Pollution Control Agency; 
  8.22     Commissioner of public safety; 
  8.23     Commissioner of revenue; 
  8.24     Commissioner of employment and economic development; 
  8.25     Commissioner of transportation; and 
  8.26     Commissioner of veterans affairs. 
  8.27     Sec. 14.  Minnesota Statutes 2002, section 16B.87, 
  8.28  subdivision 1, is amended to read: 
  8.29     Subdivision 1.  [COMMITTEE.] The Productivity Loan 
  8.30  Committee consists of the commissioners of administration, 
  8.31  finance, revenue, and employee relations, and the state planning 
  8.32  director.  The commissioner of administration serves as chair of 
  8.33  the committee.  The members serve without compensation or 
  8.34  reimbursement for expenses. 
  8.35     Sec. 15.  Minnesota Statutes 2003 Supplement, section 
  8.36  40A.121, subdivision 1, is amended to read: 
  9.1      Subdivision 1.  [ANNEXATION PROHIBITED.] Land within an 
  9.2   agricultural preserve that is within a township may not be 
  9.3   annexed to a municipality under chapter 414, unless the director 
  9.4   of the Office of Strategic and Long-Range Planning commissioner 
  9.5   of administration finds that either: 
  9.6      (1) the owner or the county has initiated termination of 
  9.7   the zone under section 40A.11; 
  9.8      (2) because of size, tax base, population or other relevant 
  9.9   factors, the township would not be able to provide normal 
  9.10  governmental functions and services; or 
  9.11     (3) the zone would be completely surrounded by lands within 
  9.12  a municipality. 
  9.13     Sec. 16.  Minnesota Statutes 2003 Supplement, section 
  9.14  43A.08, subdivision 1, is amended to read: 
  9.15     Subdivision 1.  [UNCLASSIFIED POSITIONS.] Unclassified 
  9.16  positions are held by employees who are: 
  9.17     (1) chosen by election or appointed to fill an elective 
  9.18  office; 
  9.19     (2) heads of agencies required by law to be appointed by 
  9.20  the governor or other elective officers, and the executive or 
  9.21  administrative heads of departments, bureaus, divisions, and 
  9.22  institutions specifically established by law in the unclassified 
  9.23  service; 
  9.24     (3) deputy and assistant agency heads and one confidential 
  9.25  secretary in the agencies listed in subdivision 1a and in the 
  9.26  Office of Strategic and Long-Range Planning; 
  9.27     (4) the confidential secretary to each of the elective 
  9.28  officers of this state and, for the secretary of state and state 
  9.29  auditor, an additional deputy, clerk, or employee; 
  9.30     (5) intermittent help employed by the commissioner of 
  9.31  public safety to assist in the issuance of vehicle licenses; 
  9.32     (6) employees in the offices of the governor and of the 
  9.33  lieutenant governor and one confidential employee for the 
  9.34  governor in the Office of the Adjutant General; 
  9.35     (7) employees of the Washington, D.C., office of the state 
  9.36  of Minnesota; 
 10.1      (8) employees of the legislature and of legislative 
 10.2   committees or commissions; provided that employees of the 
 10.3   Legislative Audit Commission, except for the legislative 
 10.4   auditor, the deputy legislative auditors, and their confidential 
 10.5   secretaries, shall be employees in the classified service; 
 10.6      (9) presidents, vice-presidents, deans, other managers and 
 10.7   professionals in academic and academic support programs, 
 10.8   administrative or service faculty, teachers, research 
 10.9   assistants, and student employees eligible under terms of the 
 10.10  federal Economic Opportunity Act work study program in the 
 10.11  Perpich Center for Arts Education and the Minnesota State 
 10.12  Colleges and Universities, but not the custodial, clerical, or 
 10.13  maintenance employees, or any professional or managerial 
 10.14  employee performing duties in connection with the business 
 10.15  administration of these institutions; 
 10.16     (10) officers and enlisted persons in the National Guard; 
 10.17     (11) attorneys, legal assistants, and three confidential 
 10.18  employees appointed by the attorney general or employed with the 
 10.19  attorney general's authorization; 
 10.20     (12) judges and all employees of the judicial branch, 
 10.21  referees, receivers, jurors, and notaries public, except 
 10.22  referees and adjusters employed by the Department of Labor and 
 10.23  Industry; 
 10.24     (13) members of the State Patrol; provided that selection 
 10.25  and appointment of State Patrol troopers must be made in 
 10.26  accordance with applicable laws governing the classified 
 10.27  service; 
 10.28     (14) chaplains employed by the state; 
 10.29     (15) examination monitors and intermittent training 
 10.30  instructors employed by the Departments of Employee Relations 
 10.31  and Commerce and by professional examining boards and 
 10.32  intermittent staff employed by the technical colleges for the 
 10.33  administration of practical skills tests and for the staging of 
 10.34  instructional demonstrations; 
 10.35     (16) student workers; 
 10.36     (17) executive directors or executive secretaries appointed 
 11.1   by and reporting to any policy-making board or commission 
 11.2   established by statute; 
 11.3      (18) employees unclassified pursuant to other statutory 
 11.4   authority; 
 11.5      (19) intermittent help employed by the commissioner of 
 11.6   agriculture to perform duties relating to pesticides, 
 11.7   fertilizer, and seed regulation; 
 11.8      (20) the administrators and the deputy administrators at 
 11.9   the state academies for the deaf and the blind; and 
 11.10     (21) chief executive officers in the Department of Human 
 11.11  Services. 
 11.12     Sec. 17.  Minnesota Statutes 2003 Supplement, section 
 11.13  103F.211, subdivision 2, is amended to read: 
 11.14     Subd. 2.  [INTERGOVERNMENTAL ADVICE.] The state Departments 
 11.15  of Agriculture, Administration, Health, and Employment and 
 11.16  Economic Development; the State Planning and Pollution Control 
 11.17  Agencies Agency; the Board of Water and Soil Resources; and the 
 11.18  Minnesota Historical Society shall provide information and 
 11.19  advice necessary to prepare or amend the standards and criteria. 
 11.20     Sec. 18.  Minnesota Statutes 2002, section 116.182, 
 11.21  subdivision 3a, is amended to read: 
 11.22     Subd. 3a.  [NOTIFICATION OF OTHER GOVERNMENT UNITS.] In 
 11.23  addition to other applicable statutes or rules that are required 
 11.24  to receive financial assistance consistent with this 
 11.25  subdivision, the commissioner may not approve or certify a 
 11.26  project to the Public Facilities Authority for wastewater 
 11.27  financial assistance unless the following requirements are met: 
 11.28     (1) prior to the initiation of the public facilities 
 11.29  planning process for a new wastewater treatment system, the 
 11.30  project proposer gives written notice to all municipalities 
 11.31  within ten miles of the proposed project service area, including 
 11.32  the county in which the project is located, the Office of 
 11.33  Strategic and Long-Range Planning Department of Administration, 
 11.34  and the Pollution Control Agency.  The notice shall state the 
 11.35  proposer's intent to begin the facilities planning process and 
 11.36  provide a description of the need for the proposed project.  The 
 12.1   notice also shall request a response within 30 days of the 
 12.2   notice date from all government units who wish to receive and 
 12.3   comment on the future facilities plan for the proposed project; 
 12.4      (2) during development of the facility plan's analysis of 
 12.5   service alternatives, the project proposer must request 
 12.6   information from all municipalities and sanitary districts which 
 12.7   have existing systems that have current capacity to meet the 
 12.8   proposer's needs or can be upgraded to meet those needs.  At a 
 12.9   minimum, the proposer must notify in writing those 
 12.10  municipalities and sanitary districts whose corporate limits or 
 12.11  boundaries are within three miles of the proposed project's 
 12.12  service area; 
 12.13     (3) 60 days prior to the municipality's public hearing on 
 12.14  the facilities plan, a copy of the draft facilities plan and 
 12.15  notice of the public hearing on the facilities plan must be 
 12.16  given to the local government units who previously expressed 
 12.17  interest in the proposed project under clause (1); 
 12.18     (4) for a proposed project located or proposed to be 
 12.19  located outside the corporate limits of a city, the affected 
 12.20  county has certified to the agency that the proposed project is 
 12.21  consistent with the applicable county comprehensive plan and 
 12.22  zoning and subdivision regulations; and 
 12.23     (5) copies of the notifications required under clauses (1) 
 12.24  and (2), as well as the certification from the county and a 
 12.25  summary of the comments received, must be included by the 
 12.26  municipality in the submission of its facilities plan to the 
 12.27  Pollution Control Agency, along with other required items as 
 12.28  specified in the agency's rules. 
 12.29     This subdivision does not apply to the Western Lake 
 12.30  Superior Sanitary District or the Metropolitan Council. 
 12.31     Sec. 19.  Minnesota Statutes 2003 Supplement, section 
 12.32  116C.03, subdivision 2, is amended to read: 
 12.33     Subd. 2.  [MEMBERSHIP.] The members of the board are 
 12.34  the director of the Office of Strategic and Long-Range 
 12.35  Planning commissioner of administration, the commissioner of 
 12.36  commerce, the commissioner of the Pollution Control Agency, the 
 13.1   commissioner of natural resources, the director of the Office of 
 13.2   Environmental Assistance, the commissioner of agriculture, the 
 13.3   commissioner of health, the commissioner of employment and 
 13.4   economic development, the commissioner of transportation, the 
 13.5   chair of the Board of Water and Soil Resources, and a 
 13.6   representative of the governor's office designated by the 
 13.7   governor.  The governor shall appoint five members from the 
 13.8   general public to the board, subject to the advice and consent 
 13.9   of the senate.  At least two of the five public members must 
 13.10  have knowledge of and be conversant in water management issues 
 13.11  in the state.  Notwithstanding the provisions of section 15.06, 
 13.12  subdivision 6, members of the board may not delegate their 
 13.13  powers and responsibilities as board members to any other person.
 13.14     Sec. 20.  Minnesota Statutes 2002, section 116C.03, 
 13.15  subdivision 4, is amended to read: 
 13.16     Subd. 4.  [SUPPORT.] Staff and consultant support for board 
 13.17  activities shall be provided by the Office of Strategic and 
 13.18  Long-Range Planning Department of Administration.  This support 
 13.19  shall be provided based upon an annual budget and work program 
 13.20  developed by the board and certified to the commissioner by the 
 13.21  chair of the board.  The board shall have the authority to 
 13.22  request and require staff support from all other agencies of 
 13.23  state government as needed for the execution of the 
 13.24  responsibilities of the board. 
 13.25     Sec. 21.  Minnesota Statutes 2002, section 116C.03, 
 13.26  subdivision 5, is amended to read: 
 13.27     Subd. 5.  [ADMINISTRATION.] The board shall contract with 
 13.28  the Office of Strategic and Long-Range Planning Department of 
 13.29  Administration for administrative services necessary to the 
 13.30  board's activities.  The services shall include personnel, 
 13.31  budget, payroll and contract administration.  
 13.32     Sec. 22.  Minnesota Statutes 2002, section 116C.712, 
 13.33  subdivision 3, is amended to read: 
 13.34     Subd. 3.  [COUNCIL STAFF.] Staff support for council 
 13.35  activities must be provided by the Office of Strategic and 
 13.36  Long-Range Planning Department of Administration.  State 
 14.1   departments and agencies must cooperate with the council in the 
 14.2   performance of its duties.  Upon the request of the chair of the 
 14.3   council, the governor may, by order, require a state department 
 14.4   or agency to furnish assistance necessary to carry out the 
 14.5   council's functions under this chapter. 
 14.6      Sec. 23.  Minnesota Statutes 2002, section 116C.712, 
 14.7   subdivision 5, is amended to read: 
 14.8      Subd. 5.  [ASSESSMENT.] (a) A person, firm, corporation, or 
 14.9   association in the business of owning or operating a nuclear 
 14.10  fission electrical generating plant in this state shall pay an 
 14.11  assessment to cover the cost of: 
 14.12     (1) monitoring the federal high-level radioactive waste 
 14.13  program under the Nuclear Waste Policy Act, United States Code, 
 14.14  title 42, sections 10101 to 10226; 
 14.15     (2) advising the governor and the legislature on policy 
 14.16  issues relating to the federal high-level radioactive waste 
 14.17  disposal program; 
 14.18     (3) surveying existing literature and activity relating to 
 14.19  radioactive waste management, including storage, transportation, 
 14.20  and disposal, in the state; 
 14.21     (4) an advisory task force on low-level radioactive waste 
 14.22  deregulation, created by a law enacted in 1990 until July 1, 
 14.23  1996; and 
 14.24     (5) other general studies necessary to carry out the 
 14.25  purposes of this subdivision.  
 14.26     The assessment must not be more than the appropriation to 
 14.27  the Office of Strategic and Long-Range Planning Department of 
 14.28  Administration for these purposes.  
 14.29     (b) The office shall bill the owner or operator of the 
 14.30  plant for the assessment at least 30 days before the start of 
 14.31  each quarter.  The assessment for the second quarter of each 
 14.32  fiscal year must be adjusted to compensate for the amount by 
 14.33  which actual expenditures by the office for the preceding year 
 14.34  were more or less than the estimated expenditures previously 
 14.35  assessed.  The billing may be made as an addition to the 
 14.36  assessments made under section 116C.69.  The owner or operator 
 15.1   of the plant must pay the assessment within 30 days after 
 15.2   receipt of the bill.  The assessment must be deposited in the 
 15.3   state treasury and credited to the special revenue fund. 
 15.4      (c) The authority for this assessment terminates when the 
 15.5   Department of Energy eliminates Minnesota from further siting 
 15.6   consideration for high-level radioactive waste by starting 
 15.7   construction of a high-level radioactive waste disposal site in 
 15.8   another state.  The assessment required for any quarter must be 
 15.9   reduced by the amount of federal grant money received by the 
 15.10  Office of Strategic and Long-Range Planning Department of 
 15.11  Administration for the purposes listed in this section.  
 15.12     (d) The director commissioner of the Office of Strategic 
 15.13  and Long-Range Planning administration must report annually by 
 15.14  July 1 to the environment and natural resources policy and 
 15.15  finance committees of the senate and house of representatives, 
 15.16  the Finance Division of the senate Committee on Environment and 
 15.17  Natural Resources, and the house of representatives Committee on 
 15.18  Environment and Natural Resources Finance on activities assessed 
 15.19  under paragraph (a). 
 15.20     Sec. 24.  Minnesota Statutes 2002, section 124D.23, 
 15.21  subdivision 9, is amended to read: 
 15.22     Subd. 9.  [RECEIPT OF FUNDS.] The Office of Strategic and 
 15.23  Long-Range Planning Department of Administration may receive and 
 15.24  administer public and private funds for the purposes of Laws 
 15.25  1993, chapter 224. 
 15.26     Sec. 25.  Minnesota Statutes 2003 Supplement, section 
 15.27  145.9255, subdivision 1, is amended to read: 
 15.28     Subdivision 1.  [ESTABLISHMENT.] The commissioner of 
 15.29  health, in consultation with a representative from Minnesota 
 15.30  planning the commissioner of administration, the commissioner of 
 15.31  human services, and the commissioner of education, shall develop 
 15.32  and implement the Minnesota education now and babies later (MN 
 15.33  ENABL) program, targeted to adolescents ages 12 to 14, with the 
 15.34  goal of reducing the incidence of adolescent pregnancy in the 
 15.35  state and promoting abstinence until marriage.  The program must 
 15.36  provide a multifaceted, primary prevention, community health 
 16.1   promotion approach to educating and supporting adolescents in 
 16.2   the decision to postpone sexual involvement modeled after the 
 16.3   ENABL program in California.  The commissioner of health shall 
 16.4   consult with the chief of the health education section of the 
 16.5   California Department of Health Services for general guidance in 
 16.6   developing and implementing the program. 
 16.7      Sec. 26.  Minnesota Statutes 2003 Supplement, section 
 16.8   145.9266, subdivision 6, is amended to read: 
 16.9      Subd. 6.  [FETAL ALCOHOL COORDINATING BOARD; DUTIES.] (a) 
 16.10  The Fetal Alcohol Coordinating Board consists of: 
 16.11     (1) the commissioners of administration, health, human 
 16.12  services, corrections, public safety, economic security, and 
 16.13  education; 
 16.14     (2) the director of the Office of Strategic and Long-Range 
 16.15  Planning; 
 16.16     (3) the chair of the Maternal and Child Health Advisory 
 16.17  Task Force established by section 145.881, or the chair's 
 16.18  designee; 
 16.19     (4) (3) a representative of the University of Minnesota 
 16.20  Academic Health Center, appointed by the provost; 
 16.21     (5) (4) five members from the general public appointed by 
 16.22  the governor, one of whom must be a family member of an 
 16.23  individual with fetal alcohol syndrome or fetal alcohol effect; 
 16.24  and 
 16.25     (6) (5) one member from the judiciary appointed by the 
 16.26  chief justice of the Supreme Court. 
 16.27  Terms, compensation, removal, and filling of vacancies of 
 16.28  appointed members are governed by section 15.0575.  The board 
 16.29  shall elect a chair from its membership to serve a one-year 
 16.30  term.  The commissioner of health shall provide staff and 
 16.31  consultant support for the board.  Support must be provided 
 16.32  based on an annual budget and work plan developed by the board.  
 16.33  The board shall contract with the Department of Health for 
 16.34  necessary administrative services.  Administrative services 
 16.35  include personnel, budget, payroll, and contract 
 16.36  administration.  The board shall adopt an annual budget and work 
 17.1   program. 
 17.2      (b) Board duties include:  
 17.3      (1) reviewing programs of state agencies that involve fetal 
 17.4   alcohol syndrome and coordinating those that are 
 17.5   interdepartmental in nature; 
 17.6      (2) providing an integrated and comprehensive approach to 
 17.7   fetal alcohol syndrome prevention and intervention strategies 
 17.8   both at a local and statewide level; 
 17.9      (3) approving on an annual basis the statewide public 
 17.10  awareness campaign as designed and implemented by the 
 17.11  commissioner of health under subdivision 1; 
 17.12     (4) reviewing fetal alcohol syndrome community grants 
 17.13  administered by the commissioner of health under subdivision 4; 
 17.14  and 
 17.15     (5) submitting a report to the governor on January 15 of 
 17.16  each odd-numbered year summarizing board operations, activities, 
 17.17  findings, and recommendations, and fetal alcohol syndrome 
 17.18  activities throughout the state. 
 17.19     (c) The board expires on January 1, 2001. 
 17.20     Sec. 27.  Minnesota Statutes 2003 Supplement, section 
 17.21  145.951, is amended to read: 
 17.22     145.951 [CHILDREN HELPED IN LONG-TERM DEVELOPMENT; 
 17.23  IMPLEMENTATION PLAN.] 
 17.24     The commissioner of health, in consultation with the 
 17.25  commissioners of administration; education; corrections; public 
 17.26  safety; and human services, and with the directors of the Office 
 17.27  of Strategic and Long-Range Planning, the Council on Disability, 
 17.28  and the councils and commission under sections 3.922 to 3.9226, 
 17.29  may develop an implementation plan for the establishment of a 
 17.30  statewide program to assist families in developing the full 
 17.31  potential of their children.  The program must be designed to 
 17.32  strengthen the family, to reduce the risk of abuse to children, 
 17.33  and to promote the long-term development of children in their 
 17.34  home environments.  The program must also be designed to use 
 17.35  volunteers to provide support to parents, and to link parents 
 17.36  with existing public health, education, and social services as 
 18.1   appropriate. 
 18.2      Sec. 28.  Minnesota Statutes 2003 Supplement, section 
 18.3   245.697, subdivision 2a, is amended to read: 
 18.4      Subd. 2a.  [SUBCOMMITTEE ON CHILDREN'S MENTAL HEALTH.] The 
 18.5   State Advisory Council on Mental Health (the "advisory council") 
 18.6   must have a Subcommittee on Children's Mental Health.  The 
 18.7   subcommittee must make recommendations to the advisory council 
 18.8   on policies, laws, regulations, and services relating to 
 18.9   children's mental health.  Members of the subcommittee must 
 18.10  include: 
 18.11     (1) the commissioners or designees of the commissioners of 
 18.12  the Departments of Administration, Human Services, Health, 
 18.13  Education, State Planning, and Corrections; 
 18.14     (2) the commissioner of commerce or a designee of the 
 18.15  commissioner who is knowledgeable about medical insurance 
 18.16  issues; 
 18.17     (3) at least one representative of an advocacy group for 
 18.18  children with emotional disturbances; 
 18.19     (4) providers of children's mental health services, 
 18.20  including at least one provider of services to preadolescent 
 18.21  children, one provider of services to adolescents, and one 
 18.22  hospital-based provider; 
 18.23     (5) parents of children who have emotional disturbances; 
 18.24     (6) a present or former consumer of adolescent mental 
 18.25  health services; 
 18.26     (7) educators currently working with emotionally disturbed 
 18.27  children; 
 18.28     (8) people knowledgeable about the needs of emotionally 
 18.29  disturbed children of minority races and cultures; 
 18.30     (9) people experienced in working with emotionally 
 18.31  disturbed children who have committed status offenses; 
 18.32     (10) members of the advisory council; 
 18.33     (11) one person from the local corrections department and 
 18.34  one representative of the Minnesota District Judges Association 
 18.35  Juvenile Committee; and 
 18.36     (12) county commissioners and social services agency 
 19.1   representatives. 
 19.2      The chair of the advisory council shall appoint 
 19.3   subcommittee members described in clauses (3) to (11) through 
 19.4   the process established in section 15.0597.  The chair shall 
 19.5   appoint members to ensure a geographical balance on the 
 19.6   subcommittee.  Terms, compensation, removal, and filling of 
 19.7   vacancies are governed by subdivision 1, except that terms of 
 19.8   subcommittee members who are also members of the advisory 
 19.9   council are coterminous with their terms on the advisory 
 19.10  council.  The subcommittee shall meet at the call of the 
 19.11  subcommittee chair who is elected by the subcommittee from among 
 19.12  its members.  The subcommittee expires with the expiration of 
 19.13  the advisory council. 
 19.14     Sec. 29.  Minnesota Statutes 2003 Supplement, section 
 19.15  272.67, subdivision 1, is amended to read: 
 19.16     Subdivision 1.  Any city however organized, except in those 
 19.17  counties situated in a metropolitan area as defined in Minnesota 
 19.18  Statutes 1961, Section 473.02, Subdivision 5, which contain 
 19.19  cities of the first class, may by ordinance adopted in the 
 19.20  manner provided in this section divide its area into an urban 
 19.21  service district and a rural service district, constituting 
 19.22  separate taxing districts for the purpose of all municipal 
 19.23  property taxes except those levied for the payment of bonds and 
 19.24  judgments and interest thereon.  In proceedings for annexation, 
 19.25  incorporation, or consolidation being conducted pursuant to 
 19.26  chapter 414, the director commissioner of the Office of 
 19.27  Strategic and Long-Range Planning administration may divide a 
 19.28  municipality into an urban service district and a rural service 
 19.29  district, such districts to be designated in accordance with the 
 19.30  criteria set out in subdivision 2.  Thereafter, said urban 
 19.31  service district and rural service district may be changed in 
 19.32  the same manner that an ordinance or amendment is changed in 
 19.33  accordance with this section.  
 19.34     Sec. 30.  Minnesota Statutes 2003 Supplement, section 
 19.35  276A.09, is amended to read: 
 19.36     276A.09 [CHANGE IN STATUS OF MUNICIPALITY.] 
 20.1      If a municipality is dissolved, is consolidated with all or 
 20.2   part of another municipality, annexes territory, has a portion 
 20.3   of its territory detached from it, or is newly incorporated, the 
 20.4   secretary of state shall immediately certify that fact to the 
 20.5   commissioner of revenue.  The secretary of state shall also 
 20.6   certify to the commissioner of revenue the current population of 
 20.7   the new, enlarged, or successor municipality, if determined by 
 20.8   the director commissioner of the Office of Strategic and 
 20.9   Long-Range Planning administration incident to consolidation, 
 20.10  annexation, or incorporation proceedings.  The population so 
 20.11  certified shall govern for purposes of sections 276A.01 to 
 20.12  276A.09 until the state demographer files the first population 
 20.13  estimate as of a later date with the commissioner of revenue.  
 20.14  If an annexation of unincorporated land occurs without 
 20.15  proceedings before the director commissioner of the Office of 
 20.16  Strategic and Long-Range Planning administration, the population 
 20.17  of the annexing municipality as previously determined shall 
 20.18  continue to govern for purposes of sections 276A.01 to 276A.09 
 20.19  until the state demographer files the first population estimate 
 20.20  as of a later date with the commissioner of revenue. 
 20.21     Sec. 31.  Minnesota Statutes 2003 Supplement, section 
 20.22  299A.293, subdivision 1, is amended to read: 
 20.23     Subdivision 1.  [ESTABLISHMENT; MEMBERSHIP.] A Chemical 
 20.24  Abuse and Violence Prevention Council consisting of 19 members 
 20.25  is established.  The commissioners of administration, public 
 20.26  safety, education, health, corrections, and human services, the 
 20.27  director of the Office of Strategic and Long-Range Planning, and 
 20.28  the attorney general shall each appoint one member from among 
 20.29  their employees.  The speaker of the house of representatives 
 20.30  and the Subcommittee on Committees of the senate shall each 
 20.31  appoint a legislative member.  The governor shall appoint an 
 20.32  additional ten members who shall represent the demographic and 
 20.33  geographic composition of the state and, to the extent possible, 
 20.34  shall represent the following:  public health; education 
 20.35  including preschool, elementary, and higher education; social 
 20.36  services; financial aid services; chemical dependency treatment; 
 21.1   law enforcement; prosecution; defense; the judiciary; 
 21.2   corrections; treatment research professionals; drug abuse 
 21.3   prevention professionals; the business sector; religious 
 21.4   leaders; representatives of racial and ethnic minority 
 21.5   communities; and other community representatives.  The members 
 21.6   shall designate one of the governor's appointees as chair of the 
 21.7   council.  Compensation and removal of members are governed by 
 21.8   section 15.059.  
 21.9      Sec. 32.  Minnesota Statutes 2002, section 299C.65, 
 21.10  subdivision 2, is amended to read: 
 21.11     Subd. 2.  [REPORT, TASK FORCE.] (a) The policy group shall 
 21.12  file an annual report with the governor, Supreme Court, and 
 21.13  chairs and ranking minority members of the senate and house 
 21.14  committees and divisions with jurisdiction over criminal justice 
 21.15  funding and policy by December 1 of each year.  
 21.16     (b) The report must make recommendations concerning any 
 21.17  legislative changes or appropriations that are needed to ensure 
 21.18  that the criminal justice information systems operate accurately 
 21.19  and efficiently.  To assist them in developing their 
 21.20  recommendations, the policy group shall appoint a task force 
 21.21  consisting of its members or their designees and the following 
 21.22  additional members:  
 21.23     (1) the director of the Office of Strategic and Long-Range 
 21.24  Planning; 
 21.25     (2) two sheriffs recommended by the Minnesota Sheriffs 
 21.26  Association; 
 21.27     (3) (2) two police chiefs recommended by the Minnesota 
 21.28  Chiefs of Police Association; 
 21.29     (4) (3) two county attorneys recommended by the Minnesota 
 21.30  County Attorneys Association; 
 21.31     (5) (4) two city attorneys recommended by the Minnesota 
 21.32  League of Cities; 
 21.33     (6) (5) two public defenders appointed by the Board of 
 21.34  Public Defense; 
 21.35     (7) (6) two district judges appointed by the Conference of 
 21.36  Chief Judges, one of whom is currently assigned to the juvenile 
 22.1   court; 
 22.2      (8) (7) two community corrections administrators 
 22.3   recommended by the Minnesota Association of Counties, one of 
 22.4   whom represents a community corrections act county; 
 22.5      (9) (8) two probation officers; 
 22.6      (10) (9) four public members, one of whom has been a victim 
 22.7   of crime, and two who are representatives of the private 
 22.8   business community who have expertise in integrated information 
 22.9   systems; 
 22.10     (11) (10) two court administrators; 
 22.11     (12) (11) one member of the house of representatives 
 22.12  appointed by the speaker of the house; 
 22.13     (13) (12) one member of the senate appointed by the 
 22.14  majority leader; 
 22.15     (14) (13) the attorney general or a designee; 
 22.16     (15) (14) the commissioner of administration or a designee; 
 22.17     (16) (15) an individual recommended by the Minnesota League 
 22.18  of Cities; and 
 22.19     (17) (16) an individual recommended by the Minnesota 
 22.20  Association of Counties. 
 22.21  In making these appointments, the appointing authority shall 
 22.22  select members with expertise in integrated data systems or best 
 22.23  practices.  
 22.24     (c) The commissioner of public safety may appoint 
 22.25  additional, nonvoting members to the task force as necessary 
 22.26  from time to time. 
 22.27     Sec. 33.  Minnesota Statutes 2003 Supplement, section 
 22.28  365.46, subdivision 2, is amended to read: 
 22.29     Subd. 2.  [COPIES.] The county auditor shall also send a 
 22.30  copy of the notice of the dissolution to:  (1) the state 
 22.31  demographer, (2) the Land Management Information Center, (3) the 
 22.32  director of the Office of Strategic and Long-Range Planning 
 22.33  commissioner of administration, and (4) the commissioner of 
 22.34  transportation. 
 22.35     Sec. 34.  Minnesota Statutes 2003 Supplement, section 
 22.36  379.05, is amended to read: 
 23.1      379.05 [AUDITOR TO ABSTRACT REPORT FOR AGENCIES, ENTER TOWN 
 23.2   RECORD.] 
 23.3      Each county auditor shall within 30 days after any such 
 23.4   town is organized transmit by mail to the commissioner of 
 23.5   revenue, the secretary of state, the state demographer, the Land 
 23.6   Management Information Center, the director of the Office of 
 23.7   Strategic and Long-Range Planning commissioner of 
 23.8   administration, and the commissioner of transportation an 
 23.9   abstract of such report, giving the name and boundaries of such 
 23.10  town and record in a book kept for that purpose a full 
 23.11  description of each such town. 
 23.12     Sec. 35.  Minnesota Statutes 2003 Supplement, section 
 23.13  412.021, subdivision 1, is amended to read: 
 23.14     Subdivision 1.  [ELECTION.] Upon the filing of the 
 23.15  certificate with the secretary of state, if the vote is in favor 
 23.16  of incorporation, the judges of election appointed by the 
 23.17  director commissioner of the Office of Strategic and Long-Range 
 23.18  Planning administration or the county board as the case may be, 
 23.19  shall fix a day at least 15 and not more than 30 days thereafter 
 23.20  and a place for the holding of an election for officers.  The 
 23.21  judges shall also fix the time, not less than three hours, 
 23.22  during which the polls shall remain open at the election and 
 23.23  shall post a notice setting forth the time and place of such 
 23.24  election in three public places in the city for at least ten 
 23.25  days preceding the election. 
 23.26     Sec. 36.  Minnesota Statutes 2003 Supplement, section 
 23.27  412.091, is amended to read: 
 23.28     412.091 [DISSOLUTION.] 
 23.29     Whenever a number of voters equal to one-third of those 
 23.30  voting at the last preceding city election petition the director 
 23.31  commissioner of the Office of Strategic and Long-Range Planning 
 23.32  administration therefor, a special election shall be called to 
 23.33  vote upon the question of dissolving the city.  Before the 
 23.34  election, the director commissioner shall designate a time and 
 23.35  place for a hearing in accordance with section 414.09.  After 
 23.36  the hearing the director commissioner shall issue an order which 
 24.1   shall include a date for the election, a determination of what 
 24.2   town or towns the territory of the city shall belong to if the 
 24.3   voters favor dissolution, and other necessary provisions.  The 
 24.4   ballots used at such election shall bear the printed words, "For 
 24.5   Dissolution" and "Against Dissolution," with a square before 
 24.6   each phrase in which the voter may express a preference by a 
 24.7   cross.  If a majority of those voting on the question favor 
 24.8   dissolution, the clerk shall file a certificate of the result 
 24.9   with the director commissioner, the secretary of state and the 
 24.10  county auditor of the county in which the city is situated.  Six 
 24.11  months after the date of such election, the city shall cease to 
 24.12  exist.  Within such six months, the council shall audit all 
 24.13  claims against the city, settle with the treasurer, and other 
 24.14  city officers, and apply the assets of the city to the payment 
 24.15  of its debts.  If any debts remain unpaid, other than bonds, the 
 24.16  city clerk shall file a schedule of such debts with the county 
 24.17  treasurer and the council shall levy a tax sufficient for their 
 24.18  payment, the proceeds of which, when collected, shall be paid by 
 24.19  the county treasurer to the creditors in proportion to their 
 24.20  several claims until all are discharged.  The principal and 
 24.21  interest on outstanding bonds shall be paid when due by the 
 24.22  county treasurer from a tax annually spread by the county 
 24.23  auditor against property formerly included within the city until 
 24.24  the bonds are fully paid.  All city property and all rights of 
 24.25  the city shall, upon dissolution, inure in the town or towns 
 24.26  designated as the legal successor to the city.  If the city 
 24.27  territory goes to more than one town, surplus cash assets and 
 24.28  unsold city property shall be distributed as provided by the 
 24.29  order for the election.  
 24.30     Sec. 37.  Minnesota Statutes 2002, section 414.01, 
 24.31  subdivision 1, is amended to read: 
 24.32     Subdivision 1.  [A DUTY OF PLANNING DIRECTOR COMMISSIONER.] 
 24.33  Among the duties of the director of the Office of Strategic and 
 24.34  Long-Range Planning commissioner is the duty to conduct 
 24.35  proceedings, make determinations, and issue orders for the 
 24.36  creation of a municipality, the combination of two or more 
 25.1   governmental units, or the alteration of a municipal boundary. 
 25.2      Sec. 38.  Minnesota Statutes 2002, section 414.01, 
 25.3   subdivision 16, is amended to read: 
 25.4      Subd. 16.  [COMPELLED MEETINGS; REPORT.] In any proceeding 
 25.5   under this chapter, the director commissioner or conductor of 
 25.6   the proceeding may at any time in the process require 
 25.7   representatives from the involved city, town, county, political 
 25.8   subdivision, or other governmental entity to meet together to 
 25.9   discuss resolution of issues raised by the petition or order 
 25.10  that confers jurisdiction on the director commissioner and other 
 25.11  issues of mutual concern.  The director commissioner or 
 25.12  conductor of the proceeding may require that the parties meet at 
 25.13  least three times during a 60-day period.  The parties shall 
 25.14  designate a person to report to the director commissioner or 
 25.15  conductor of the proceeding on the results of the meetings 
 25.16  immediately after the last meeting. 
 25.17     Sec. 39.  Minnesota Statutes 2002, section 414.011, 
 25.18  subdivision 11, is amended to read: 
 25.19     Subd. 11.  [DIRECTOR COMMISSIONER.] "Director Commissioner" 
 25.20  means the director commissioner of the Office of Strategic and 
 25.21  Long-Range Planning Department of Administration. 
 25.22     Sec. 40.  Minnesota Statutes 2002, section 414.031, 
 25.23  subdivision 4a, is amended to read: 
 25.24     Subd. 4a.  [PROVIDING FOR ELECTION OF NEW MUNICIPAL 
 25.25  OFFICERS.] (a) Any annexation order under this section for 
 25.26  annexation by a single municipality of an entire township shall 
 25.27  include a provision for the election of new municipal officers 
 25.28  in accordance with section 414.09.  The director of the office 
 25.29  of strategic and long-range planning, or the director's 
 25.30  designee, commissioner may also order an election of new 
 25.31  municipal officers in accordance with section 414.09 as part of 
 25.32  any other annexation order under this section if the director or 
 25.33  the director's designee commissioner determines that such an 
 25.34  election would be equitable.  
 25.35     (b) The expanded municipality shall be governed by the home 
 25.36  rule charter or statutory form which governs the annexing 
 26.1   municipality, except that any ward system for the election of 
 26.2   council members shall be inoperable.  
 26.3      (c) The ordinances of both the annexing municipality and 
 26.4   the township shall continue in effect within the former 
 26.5   boundaries until repealed by the governing body of the new 
 26.6   municipality. 
 26.7      (d) Notwithstanding any other provision of law to the 
 26.8   contrary, the director of the Office of Strategic and Long-Range 
 26.9   Planning, or the director's designee, commissioner may provide 
 26.10  for election of council members by wards, not less than three 
 26.11  nor more than seven in number, whose limits are prescribed in 
 26.12  the director's commissioner's order, upon a finding that area 
 26.13  representation is required to accord proper representation in 
 26.14  the municipality because of uneven population density in 
 26.15  different parts thereof or the existence of agricultural lands 
 26.16  therein which are in the path of suburban development; but after 
 26.17  four years from the effective date of an annexation the council 
 26.18  of the municipality may by resolution adopted by a four-fifths 
 26.19  vote abolish the ward system and provide for the election of all 
 26.20  council members at large. 
 26.21     (e) Until the effective date of the annexation order, the 
 26.22  town board and other officers of the town shall continue to 
 26.23  exercise their powers and duties under the town laws in that 
 26.24  portion of the municipality that was formerly the town, and the 
 26.25  council and other officers of the annexing municipality shall 
 26.26  continue to exercise their powers and duties in that portion of 
 26.27  the expanded municipality that was formerly the municipality.  
 26.28  Thereafter the town board and the council of the annexing 
 26.29  municipality shall have no jurisdiction within the municipality, 
 26.30  and the new municipal council and other new officers shall act 
 26.31  in respect to any matters previously undertaken by the town 
 26.32  board of supervisors or municipal council within the limits of 
 26.33  the expanded municipality, including the making of any 
 26.34  improvement and the levying of any special assessments therefor 
 26.35  in the same manner and to the same effect as if such improvement 
 26.36  had been undertaken by the municipality. 
 27.1      (f) The new municipal council may continue or discontinue 
 27.2   any board that may have previously existed in the town or former 
 27.3   municipality. 
 27.4      Sec. 41.  Minnesota Statutes 2002, section 414.12, 
 27.5   subdivision 3, is amended to read: 
 27.6      Subd. 3.  [COST OF PROCEEDINGS.] (a) The parties to any 
 27.7   matter directed to alternative dispute resolution under 
 27.8   subdivision 1 or delegated to the Office of Administrative 
 27.9   Hearings under subdivision 2 must pay the costs of the 
 27.10  alternative dispute resolution process or hearing in the 
 27.11  proportions that they agree to. 
 27.12     (b) Notwithstanding section 14.53 or other law, the office 
 27.13  of strategic and long-range planning Department of 
 27.14  Administration is not liable for the costs. 
 27.15     (c) If the parties do not agree to a division of the costs 
 27.16  before the commencement of mediation, arbitration, or hearing, 
 27.17  the costs must be allocated on an equitable basis by the 
 27.18  mediator, arbitrator, or chief administrative law judge. 
 27.19     (d)  The chief administrative law judge may contract with 
 27.20  the parties to a matter directed or delegated to the Office of 
 27.21  Administrative Hearings under subdivisions 1 and 2 for the 
 27.22  purpose of providing administrative law judges and reporters for 
 27.23  an administrative proceeding or alternative dispute resolution. 
 27.24     (e) The chief administrative law judge shall assess the 
 27.25  cost of services rendered as provided by section 14.53. 
 27.26     Sec. 42.  Minnesota Statutes 2003 Supplement, section 
 27.27  469.334, subdivision 1, is amended to read: 
 27.28     Subdivision 1.  [COMMISSIONER TO DESIGNATE.] (a) The 
 27.29  commissioner, in consultation with the commissioner of revenue 
 27.30  and the director commissioner of the Office of Strategic and 
 27.31  Long-Range Planning administration, shall designate not more 
 27.32  than one biotechnology and health sciences industry zone.  
 27.33  Priority must be given to applicants with a development plan 
 27.34  that links a higher education/research institution with a 
 27.35  biotechnology and health sciences industry facility. 
 27.36     (b) The commissioner may consult with the applicant prior 
 28.1   to the designation of the zone.  The commissioner may modify the 
 28.2   development plan, including the boundaries of the zone or 
 28.3   subzones, if in the commissioner's opinion a modified plan would 
 28.4   better meet the objectives of the biotechnology and health 
 28.5   sciences industry zone program.  The commissioner shall notify 
 28.6   the applicant of the modifications and provide a statement of 
 28.7   the reasons for the modifications. 
 28.8      Sec. 43.  Minnesota Statutes 2003 Supplement, section 
 28.9   473F.13, subdivision 1, is amended to read: 
 28.10     Subdivision 1.  [CERTIFICATION OF CHANGE IN STATUS.] If a 
 28.11  municipality is dissolved, is consolidated with all or part of 
 28.12  another municipality, annexes territory, has a portion of its 
 28.13  territory detached from it, or is newly incorporated, the 
 28.14  secretary of state shall immediately certify that fact to the 
 28.15  commissioner of revenue.  The secretary of state shall also 
 28.16  certify to the commissioner of revenue the current population of 
 28.17  the new, enlarged, or successor municipality, if determined by 
 28.18  the director commissioner of the Office of Strategic and 
 28.19  Long-Range Planning administration incident to consolidation, 
 28.20  annexation, or incorporation proceedings.  The population so 
 28.21  certified shall govern for purposes of sections 473F.01 to 
 28.22  473F.13 until the Metropolitan Council files its first 
 28.23  population estimate as of a later date with the commissioner of 
 28.24  revenue.  If an annexation of unincorporated land occurs without 
 28.25  proceedings before the director commissioner, the population of 
 28.26  the annexing municipality as previously determined shall 
 28.27  continue to govern for purposes of sections 473F.01 to 473F.13 
 28.28  until the Metropolitan Council files its first population 
 28.29  estimate as of a later date with the commissioner of revenue. 
 28.30     Sec. 44.  Minnesota Statutes 2003 Supplement, section 
 28.31  473H.14, is amended to read: 
 28.32     473H.14 [ANNEXATION PROCEEDINGS.] 
 28.33     Agricultural preserve land within a township shall not be 
 28.34  annexed to a municipality pursuant to chapter 414, without a 
 28.35  specific finding by the director commissioner of the Office of 
 28.36  Strategic and Long-Range Planning administration that either (a) 
 29.1   the expiration period as provided for in section 473H.08 has 
 29.2   begun; (b) the township due to size, tax base, population or 
 29.3   other relevant factors would not be able to provide normal 
 29.4   governmental functions and services; or (c) the agricultural 
 29.5   preserve would be completely surrounded by lands within a 
 29.6   municipality. 
 29.7      This section shall not apply to annexation agreements 
 29.8   approved under proceedings authorized by chapter 414 prior to 
 29.9   creation of the preserve. 
 29.10     Sec. 45.  Minnesota Statutes 2003 Supplement, section 
 29.11  477A.014, subdivision 4, is amended to read: 
 29.12     Subd. 4.  [COSTS.] The director commissioner of the Office 
 29.13  of Strategic and Long-Range Planning administration shall 
 29.14  annually bill the commissioner of revenue for one-half of the 
 29.15  costs incurred by the state demographer in the preparation of 
 29.16  materials required by section 4A.02.  The state auditor shall 
 29.17  bill the commissioner of revenue for the costs of best practices 
 29.18  reviews and the services provided by the Government Information 
 29.19  Division and the parts of the constitutional office that are 
 29.20  related to the government information function, not to exceed 
 29.21  $217,000 each fiscal year.  The commissioner of administration 
 29.22  shall bill the commissioner of revenue for the costs of the 
 29.23  local government records program and the intergovernmental 
 29.24  information systems activity, not to exceed $205,800 each fiscal 
 29.25  year.  The commissioner of employee relations shall bill the 
 29.26  commissioner of revenue for the costs of administering the local 
 29.27  government pay equity function, not to exceed $55,000 each 
 29.28  fiscal year.  
 29.29     Sec. 46.  Minnesota Statutes 2003 Supplement, section 
 29.30  572A.015, subdivision 2, is amended to read: 
 29.31     Subd. 2.  [MEDIATION.] Within ten days of receiving a 
 29.32  request for mediation that the director commissioner of the 
 29.33  Office of Strategic and Long-Range Planning administration has 
 29.34  required under section 414.12, subdivision 1, the bureau shall 
 29.35  provide written notice of the request for mediation to the 
 29.36  parties and provide a list of neutrals experienced in land use 
 30.1   planning and local government issues obtained from the Supreme 
 30.2   Court, Bureau of Mediation Services, Minnesota State Bar 
 30.3   Association, Hennepin County Bar Association, Office of Dispute 
 30.4   Resolution, and others.  Within 30 days thereafter, the affected 
 30.5   parties, shall select a mediator from the list of neutrals or 
 30.6   someone else acceptable to the parties and submit to mediation 
 30.7   for a period of 30 days facilitated by the bureau.  If the 
 30.8   dispute remains unresolved after the close of the 30-day 
 30.9   mediation period, the bureau shall prepare a report of its 
 30.10  recommendations and transmit the report within 30 days to the 
 30.11  parties.  Within 60 days after the date of issuance of the 
 30.12  mediator's report, the dispute shall be submitted to binding 
 30.13  arbitration as provided in this chapter.  The mediator's report 
 30.14  submitted to the parties is informational only and is not 
 30.15  admissible in arbitration. 
 30.16     Sec. 47.  Minnesota Statutes 2002, section 572A.02, 
 30.17  subdivision 2, is amended to read: 
 30.18     Subd. 2.  [APPOINTMENT OF PANEL.] (a) The parties shall 
 30.19  each appoint one qualified arbitrator within 30 days of issuance 
 30.20  of the mediation report.  If a party does not appoint an 
 30.21  arbitrator within 30 days, the Bureau of Mediation Services 
 30.22  shall appoint a qualified arbitrator from the list of neutrals 
 30.23  under sections 572A.01, subdivision 2, and section 572A.015, 
 30.24  subdivision 2, or someone else for the party.  The parties shall 
 30.25  notify the bureau prior to the close of the 30-day appointment 
 30.26  period of the name and address of their respective appointed 
 30.27  arbitrator.  Each party is responsible for the fees and expenses 
 30.28  for the arbitrator it selects.  
 30.29     (b) After appointment of the two arbitrators to the 
 30.30  arbitration panel by the parties, or by the bureau should one or 
 30.31  both of the parties fail to act, the two appointed arbitrators 
 30.32  shall appoint a third arbitrator who must be learned in the law, 
 30.33  within 15 days of the close of the initial 30-day arbitrator 
 30.34  appointment period.  If the arbitrators cannot agree on the 
 30.35  selection of the third arbitrator within 15 days, the 
 30.36  arbitrators shall jointly submit a request to the district court 
 31.1   of the county in which the disputed area is located in 
 31.2   accordance with the selection procedures established in section 
 31.3   572.10.  Within 15 days of receipt of an application by the 
 31.4   district court, the district court shall select a neutral 
 31.5   arbitrator and notify the parties and the Bureau of Mediation 
 31.6   Services of the name and address of the selected arbitrator.  
 31.7   The fees and expenses of the third arbitrator shall be shared 
 31.8   equally by the parties.  The third appointed arbitrator shall 
 31.9   act as chair of the arbitration panel and shall conduct the 
 31.10  proceedings.  If the district court selects the third 
 31.11  arbitrator, the date required for first hearing the matter may 
 31.12  be extended an additional 15 days. 
 31.13     Sec. 48.  Minnesota Statutes 2002, section 572A.02, 
 31.14  subdivision 5, is amended to read: 
 31.15     Subd. 5.  [DECISION FACTORS.] In comprehensive planning 
 31.16  disputes, the arbitration panel shall consider the goals stated 
 31.17  in section 4A.08 and the following factors in making a 
 31.18  decision.  In all other disputes brought under this section, the 
 31.19  arbitration panel shall consider the following factors in making 
 31.20  a decision: 
 31.21     (1) present population and number of households, past 
 31.22  population, and projected population growth of the subject area 
 31.23  and adjacent units of local government; 
 31.24     (2) quantity of land within the subject area and adjacent 
 31.25  units of local government; and natural terrain including 
 31.26  recognizable physical features, general topography, major 
 31.27  watersheds, soil conditions, and such natural features as 
 31.28  rivers, lakes, and major bluffs; 
 31.29     (3) degree of contiguity of the boundaries between the 
 31.30  municipality and the subject area; 
 31.31     (4) present pattern of physical development, planning, and 
 31.32  intended land uses in the subject area and the municipality 
 31.33  including residential, industrial, commercial, agricultural, and 
 31.34  institutional land uses and the impact of the proposed action on 
 31.35  those land uses; 
 31.36     (5) the present transportation network and potential 
 32.1   transportation issues, including proposed highway development; 
 32.2      (6) land use controls and planning presently being utilized 
 32.3   in the municipality and the subject area, including 
 32.4   comprehensive plans for development in the area and plans and 
 32.5   policies of the metropolitan council, and whether there are 
 32.6   inconsistencies between proposed development and existing land 
 32.7   use controls and the reasons therefore; 
 32.8      (7) existing levels of governmental services being provided 
 32.9   in the municipality and the subject area, including water and 
 32.10  sewer service, fire rating and protection, law enforcement, 
 32.11  street improvements and maintenance, administrative services, 
 32.12  and recreational facilities and the impact of the proposed 
 32.13  action on the delivery of said services; 
 32.14     (8) existing or potential environmental problems and 
 32.15  whether the proposed action is likely to improve or resolve 
 32.16  these problems; 
 32.17     (9) plans and programs by the municipality for providing 
 32.18  needed governmental services to the subject area; 
 32.19     (10) an analysis of the fiscal impact on the municipality, 
 32.20  the subject area, and adjacent units of local government, 
 32.21  including net tax capacity and the present bonded indebtedness, 
 32.22  and the local tax rates of the county, school district, and 
 32.23  township; 
 32.24     (11) relationship and effect of the proposed action on 
 32.25  affected and adjacent school districts and communities; 
 32.26     (12) adequacy of town government to deliver services to the 
 32.27  subject area; 
 32.28     (13) analysis of whether necessary governmental services 
 32.29  can best be provided through the proposed action or another type 
 32.30  of boundary adjustment; and 
 32.31     (14) if only a part of a township is annexed, the ability 
 32.32  of the remainder of the township to continue or the feasibility 
 32.33  of it being incorporated separately or being annexed to another 
 32.34  municipality. 
 32.35  Any party to the proceeding may present evidence and testimony 
 32.36  on any of the above factors at the hearing on the matter. 
 33.1      Sec. 49.  Minnesota Statutes 2003 Supplement, section 
 33.2   572A.02, subdivision 6, is amended to read: 
 33.3      Subd. 6.  [DECISION.] The arbitrators, after a hearing on 
 33.4   the matter, shall make a decision regarding the dispute within 
 33.5   60 days and transmit an order to the parties and the Office of 
 33.6   Strategic and Long-Range Planning Department of Administration.  
 33.7   Unless appealed by an aggrieved party within 30 days of receipt 
 33.8   of the arbitration panel's order by the office department, the 
 33.9   office department shall execute an order in accordance with the 
 33.10  arbitration panel's order and shall cause copies of the same to 
 33.11  be mailed to all parties entitled to mailed notice, the 
 33.12  secretary of state, the Department of Revenue, the state 
 33.13  demographer, individual property owners if initiated in that 
 33.14  manner, the affected county auditor, and any other party of 
 33.15  record.  The affected county auditor shall record the order 
 33.16  against the affected property. 
 33.17     Sec. 50.  Minnesota Statutes 2003 Supplement, section 
 33.18  611A.78, subdivision 1, is amended to read: 
 33.19     Subdivision 1.  [MEMBERSHIP.] A crime victim services 
 33.20  roundtable is created and shall be convened by the commissioner 
 33.21  of administration or a designee.  The roundtable membership 
 33.22  shall include representatives from the following:  the 
 33.23  Departments of Health; Human Services; Corrections; and Public 
 33.24  Safety; the Supreme Court; the Minnesota Planning Agency; the 
 33.25  Office of the Attorney General; the Office of Crime Victim 
 33.26  Ombudsman; the County Attorneys Association; and the Office of 
 33.27  Dispute Resolution.  The roundtable membership shall also 
 33.28  include one person representing the four councils designated in 
 33.29  sections 3.922, 3.9223, 3.9225, and 3.9226. 
 33.30     Sec. 51.  [REVISOR'S INSTRUCTION.] 
 33.31     (a) The revisor of statutes shall change "director" or 
 33.32  "director's" to "commissioner" or "commissioner's," as 
 33.33  appropriate, in the following sections of Minnesota Statutes:  
 33.34  414.01; 414.012; 414.02; 414.031; 414.0325; 414.033; 414.0335; 
 33.35  414.051; 414.06; 414.061; 414.063; 414.067; 414.08; 414.09; and 
 33.36  414.12. 
 34.1      (b) The revisor of statutes shall recode Minnesota 
 34.2   Statutes, chapter 4A, into Minnesota Statutes, chapter 16B. 
 34.3      (c) The revisor of statutes shall make the following 
 34.4   changes, with appropriate grammatical corrections, in Minnesota 
 34.5   Rules: 
 34.6      (1) change "State Planning Agency" to "Department of 
 34.7   Administration" and "agency" to "department" in chapter 4310; 
 34.8      (2) change "State Planning Agency" to "Department of 
 34.9   Employment and Economic Development" and delete "pursuant to the 
 34.10  recommendation of the director of the planning division and" in 
 34.11  part 4350.3120; 
 34.12     (3) change "Minnesota Municipal Board" and "board" to 
 34.13  "Department of Administration" and "department" in chapter 6000; 
 34.14     (4) delete "State Planning Agency and the" in part 
 34.15  6100.7400, subpart 4; 
 34.16     (5) delete item D in part 6105.1080; 
 34.17     (6) delete "as mapped on the inventory of significant 
 34.18  resources by the State Planning Agency" in parts 7851.0340, 
 34.19  7853.0420, 7853.0610, 7855.0340, 7855.0440, 7855.0540, and 
 34.20  7855.0640; and 
 34.21     (7) delete "State Planning Agency" in parts 8106.0700, 
 34.22  9210.0160, and 9210.0360. 
 34.23     Sec. 52.  [REPEALER.] 
 34.24     Minnesota Statutes 2002, sections 4A.01; 394.232, 
 34.25  subdivisions 1, 3, 4, 5, 6, 7, and 8; 414.01, subdivision 7a; 
 34.26  462.3535; 473.1455; 572A.01; and 572A.03, subdivision 2; and 
 34.27  Minnesota Statutes 2003 Supplement, sections 119A.04, 
 34.28  subdivision 3; and 394.232, subdivision 2; and Minnesota Rules, 
 34.29  part 4410.0200, subpart 1a, are repealed. 
 34.30                             ARTICLE 2 
 34.31                              GENERAL 
 34.32     Section 1.  [16C.154] [ENERGY FORWARD PRICING MECHANISMS.] 
 34.33     Subdivision 1.  [DEFINITIONS.] The following definitions 
 34.34  apply in this section: 
 34.35     (1) "energy" means natural gas, heating oil, propane, and 
 34.36  any other energy source except electricity used in state 
 35.1   facilities; and 
 35.2      (2) "forward pricing mechanism" means a contract or 
 35.3   financial instrument that obligates a state agency to buy or 
 35.4   sell a specified quantity of energy at a future date at a set 
 35.5   price. 
 35.6      Subd. 2.  [AUTHORITY.] Notwithstanding any other law to the 
 35.7   contrary, the Department of Administration may use forward 
 35.8   pricing mechanisms for budget risk reduction. 
 35.9      Subd. 3.  [CONDITIONS.] Forward pricing mechanism 
 35.10  transactions must be made only under the following conditions: 
 35.11     (1) the quantity of energy affected by the forward pricing 
 35.12  mechanism must not exceed the estimated energy use for the state 
 35.13  agency for the same period; and 
 35.14     (2) a separate account must be established for each state 
 35.15  agency using a forward pricing mechanism. 
 35.16     Subd. 4.  [WRITTEN POLICIES AND PROCEDURES.] Before 
 35.17  exercising the authority under this section, the Department of 
 35.18  Administration must develop written policies and procedures 
 35.19  governing the use of forward pricing mechanisms. 
 35.20     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 35.21  following final enactment. 
 35.22     Sec. 2.  Minnesota Statutes 2002, section 16C.17, 
 35.23  subdivision 2, is amended to read: 
 35.24     Subd. 2.  [ADVISORY COUNCIL.] The Small Business 
 35.25  Procurement Advisory Council consists of 13 members appointed by 
 35.26  the commissioner of administration.  A chair of the advisory 
 35.27  council shall be elected from among the members.  The 
 35.28  appointments are subject to the appointments program provided by 
 35.29  section 15.0597.  The terms, compensation, and removal of 
 35.30  members are as provided in section 15.059.  Notwithstanding 
 35.31  section 15.059, the council expires June 30, 2003 2006. 
 35.32     Sec. 3.  [APPROPRIATION.] 
 35.33     (a) The commissioner of finance must transfer any 
 35.34  outstanding balance from the expired technology enterprise fund 
 35.35  to the general fund. 
 35.36     (b) $117,000 in fiscal year 2004 is appropriated from the 
 36.1   general fund to the commissioner of administration for the 
 36.2   purpose of completing small agency infrastructure and electronic 
 36.3   government services projects funded through the technology 
 36.4   enterprise fund and underway but not completed when the 
 36.5   technology enterprise fund enabling language was repealed in 
 36.6   2003.  This appropriation is available until June 30, 2005. 
 36.7      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 36.8   following final enactment.