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HF 3494

CCR--HF3494C - 85th Legislature (2007 - 2008)

Posted on 01/15/2013 08:28 p.m.

KEY: stricken = removed, old language.
underscored = added, new language.
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1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 3494 1.2A bill for an act 1.3relating to employment; providing up to three hours of paid leave in any 1.412-month period for state employees to donate blood; authorizing employers to 1.5provide leave to employees to donate blood; proposing coding for new law in 1.6Minnesota Statutes, chapters 43A; 181. 1.7May 7, 2008 1.8The Honorable Margaret Anderson Kelliher 1.9Speaker of the House of Representatives 1.10The Honorable James P. Metzen 1.11President of the Senate 1.12We, the undersigned conferees for H. F. No. 3494 report that we have agreed upon 1.13the items in dispute and recommend as follows: 1.14That the Senate recede from its amendments and that H. F. No. 3494 be further 1.15amended as follows: 1.16Delete everything after the enacting clause and insert: 1.17"ARTICLE 1 1.18STATE GOVERNMENT 1.19    Section 1. Minnesota Statutes 2006, section 3.885, is amended by adding a subdivision 1.20to read: 1.21    new text begin Subd. 11.new text end new text begin Subcommittee on Government Accountability.new text end new text begin The commission must new text end 1.22new text begin form a Subcommittee on Government Accountability under section 3.3056 to review new text end 1.23new text begin recommendations from the commissioner of finance under section 16A.10, subdivision 1c, new text end 1.24new text begin and to review recommendations from the commissioners of finance and administration on new text end 1.25new text begin how to improve the use of Minnesota Milestones and other statewide goals and indicators new text end 1.26new text begin in state planning and budget documents. The subcommittee shall consider testimony from new text end 1.27new text begin representatives from the following organizations and agencies: (1) nonprofit organizations new text end 1.28new text begin involved in the preparation of Minnesota Milestones; (2) the University of Minnesota new text end 2.1new text begin and other higher education institutions; (3) the Department of Finance and other state new text end 2.2new text begin agencies; and (4) other legislators. The subcommittee shall report to the commission by new text end 2.3new text begin February 1 of each odd-numbered year with long-range recommendations for the further new text end 2.4new text begin implementation and uses of Minnesota Milestones and other government accountability new text end 2.5new text begin improvements.new text end 2.6new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 2.7    Sec. 2. Minnesota Statutes 2006, section 16A.10, subdivision 1c, is amended to read: 2.8    Subd. 1c. Performance measures for change items. For each change item in the 2.9budget proposal requesting new or increased funding, the budget document must present 2.10proposed performance measures that can be used to determine if the new or increased 2.11funding is accomplishing its goals.new text begin To the extent possible, each budget change item new text end 2.12new text begin must identify relevant Minnesota Milestones and other statewide goals and indicators new text end 2.13new text begin related to the proposed initiative. The commissioner must report to the Subcommittee on new text end 2.14new text begin Government Accountability established under section 3.885, subdivision 11, regarding the new text end 2.15new text begin format to be used for the presentation and selection of Minnesota Milestones and other new text end 2.16new text begin statewide goals and indicators.new text end 2.17new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 2.18    Sec. 3. Minnesota Statutes 2006, section 16B.281, subdivision 3, is amended to read: 2.19    Subd. 3. Notice to agencies; determination of surplus. On or before October 1 of 2.20each year, the commissioner shall review the certifications of heads of each department or 2.21agency provided for in this section. The commissioner new text begin of administration new text end shall send written 2.22notice to all state departments, agencies, and the University of Minnesota describing any 2.23lands or tracts that may be declared surplus. If a department or agency or the University of 2.24Minnesota desires custody of the lands or tracts, it shall submit a written request to the 2.25commissioner, no later than four calendar weeks after mailing of the notice, setting forth 2.26in detail its reasons for desiring to acquire and its intended use of the land or tract. The 2.27commissioner shall then determine whether any of the lands described in the certifications 2.28of the heads of the departments or agencies should be declared surplus and offered for 2.29sale or otherwise disposed of by transferring custodial control to other requesting state 2.30departments or agencies or to the Board of Regents of the University of Minnesota for 2.31educational purposes, provided however that transfer to the Board of Regents shall not be 2.32determinative of tax exemption or immunity. If the commissioner determines that any of 2.33the lands are no longer needed for state purposes, the commissioner shall make findings of 3.1fact, describe the lands, declare the lands to be surplus state land, new text begin and new text end state the reasons for 3.2the sale or disposition of the lands, and notify the Executive Council of the determination. 3.3    Sec. 4. Minnesota Statutes 2006, section 16B.282, is amended to read: 3.416B.282 SURVEYS, APPRAISALS, AND SALE. 3.5    Subdivision 1. Appraisal; notice and offer to public bodies. (a) Before offering 3.6any surplus state-owned lands for sale, the commissioner new text begin of administration new text end may survey the 3.7lands and, if the value of the lands is estimated to be $40,000new text begin $50,000new text end or less, may have 3.8the lands appraised. The commissioner shall have the lands appraised if the estimated 3.9value is in excess of $40,000new text begin $50,000new text end . 3.10    (b) The appraiser shall, before entering upon the duties of the office, take and 3.11subscribe an oath that the appraiser will faithfully and impartially discharge the duties 3.12of appraiser according to the best of the appraiser's ability and that the appraiser is not 3.13interested, directly or indirectly, in any of the lands to be appraised or the timber or 3.14improvements on the lands or in the purchase of the lands, timber, or improvements 3.15and has entered into no agreement or combination to purchase any of the lands, timber, 3.16or improvements. The oath shall be attached to the appraisal report.new text begin Appraisals must new text end 3.17new text begin be made by an appraiser that holds a state appraiser license issued by the Department new text end 3.18new text begin of Commerce. The appraisal must be in conformity with the Uniform Standards of new text end 3.19new text begin Professional Appraisal Practice of the Appraisal Foundation.new text end 3.20    (c) Before offering surplus state-owned lands for public sale, the lands shall first be 3.21offered to the city, county, town, school district, or other public body corporate or politic 3.22in which the lands are situated for public purposes and the lands may be sold for public 3.23purposes for not less than the appraised value of the lands. To determine whether a public 3.24body desires to purchase the surplus land, the commissioner shall give a written notice to 3.25the governing body of each political subdivision whose jurisdictional boundaries include 3.26or are adjacent to the surplus land. If a public body desires to purchase the surplus land, 3.27it shall submit a written offer to the commissioner no later than two weeks after receipt 3.28of notice setting forth in detail its reasons for desiring to acquire and its intended use of 3.29the land. In the event that more than one public body tenders an offer, the commissioner 3.30shall determine which party shall receive the property and shall submit written findings 3.31regarding the decision. If lands are offered for sale for public purposes and if a public 3.32body notifies the commissioner of its desire to acquire the lands, the public body may have 3.33up to two years from the date of the accepted offer to commence payment for the lands 3.34in the manner provided by law. 4.1    Subd. 2. Public sale requirements. (a) Lands certified as surplus by the head of 4.2a department or agency under section shall be offered for public sale by the 4.3commissioner as provided in this subdivision. After complying with subdivision 1 and 4.4before any public sale of surplus state-owned land is madenew text begin and at least 30 days before the new text end 4.5new text begin salenew text end , the commissioner new text begin of administration new text end shall publish a notice of the sale at least once each 4.6week for four successive weeks in a legal newspaper and also in a newspaper of general 4.7distribution in the city or county in which the real property to be sold is situated. The notice 4.8shall specify the time and place at which the sale will commence, a general description of 4.9the lots or tracts to be offered, and a general statement of the terms of sale. Each tract or 4.10lot shall be sold separately and shall be sold for no less than its appraised value. 4.11    (b)new text begin Surplus state-owned land shall be sold for no less than the estimated or appraised new text end 4.12new text begin value. The minimum bid may include expenses incurred by the commissioner in rendering new text end 4.13new text begin the property saleable, including survey, appraisal, legal, advertising, and other expenses.new text end 4.14    new text begin (c)new text end Parcels remaining unsold after the offering may be sold to anyone agreeing to 4.15pay the appraised value. The sale shall continue until all parcels are sold or until the 4.16commissioner orders a reappraisal or withdraws the remaining parcels from sale. 4.17    (c) Except as provided in section , the cost of any survey or appraisal as 4.18provided in subdivision 1 shall be added to and made a part of the appraised value of the 4.19lands to be sold, whether to any political subdivision of the state or to a private purchaser 4.20as provided in this subdivision. 4.21    Sec. 5. Minnesota Statutes 2006, section 16B.283, is amended to read: 4.2216B.283 TERMS OF PAYMENT. 4.23    No less than ten percent of the purchase price shall be paid at the time of sale with 4.24the balance payable according to this section. If the purchase price of any lot or parcel is 4.25$5,000 or less, the balance shall be paid within 90 days of the date of sale. If the purchase 4.26price of any lot or parcel is in excess of $5,000, the balance shall be paid in equal annual 4.27installments for no more than five years, at the option of the purchaser, with principal 4.28and interest payable annually in advance at a rate equal to the rate in effect at the time 4.29under section on the unpaid balance, payable to the state treasury on or before 4.30June 1 each year. Any installment of principal or interest may be prepaid.new text begin The purchaser new text end 4.31new text begin must pay at the time of sale ten percent of the total amount bid and the remainder of the new text end 4.32new text begin payment is due within 90 days of the sale date. A person who fails to make final payment new text end 4.33new text begin within 90 days of the sale date is in default. On default, all right, title, and interest of new text end 4.34new text begin the purchaser or heirs, representatives, or assigns of the purchaser in the premises shall new text end 5.1new text begin terminate without the state doing any act or thing. A record of the default must be made in new text end 5.2new text begin the state land records of the commissioner.new text end 5.3    Sec. 6. Minnesota Statutes 2006, section 16B.284, is amended to read: 5.416B.284 CONTRACT FOR DEED AND QUITCLAIM DEED. 5.5    In the event a purchaser elects to purchase surplus real property on an installment 5.6basis, the commissioner shall enter into a contract for deed with the purchaser, in which 5.7shall be set forth the description of the real property sold and the price of the property, 5.8the consideration paid and to be paid for the property, the rate of interest, and time and 5.9terms of payment. The contract for deed shall be made assignable and shall further set 5.10forth that in case of the nonpayment of the annual principal or interest payment due by the 5.11purchaser, or any person claiming under the purchaser, then the contract for deed, from the 5.12time of the failure, is entirely void and of no effect and the state may be repossessed of the 5.13lot or tract and may resell the lot or tract as provided in sections to . In 5.14the event the terms and conditions of a contract for deed are completely fulfilled or if a 5.15purchaser makes a lump-sum payment for the subject property in lieu of entering into a 5.16contract for deed, The commissioner new text begin of administration new text end shall sign and cause to be issued a 5.17quitclaim deed on behalf of the state. The quitclaim deed shall be in a form prescribed by 5.18the attorney general and shall vest in the purchaser all of the state's interest in the subject 5.19property except as provided in section 16B.286. 5.20    Sec. 7. Minnesota Statutes 2006, section 16B.287, subdivision 2, is amended to read: 5.21    Subd. 2. Payment of expenses. A portion of the proceeds from the sale equal in 5.22amount to the survey, appraisal, legal, advertising, and other expenses incurred by the 5.23commissioner new text begin of administration new text end or other state official in rendering the property salable shall 5.24be remitted to the account from which the expenses were paid and are appropriated and 5.25immediately available for expenditure in the same manner as other money in the account. 5.26    Sec. 8. Minnesota Statutes 2006, section 16E.01, subdivision 3, is amended to read: 5.27    Subd. 3. Duties. (a) The office shall: 5.28    (1) manage the efficient and effective use of available federal, state, local, and 5.29public-private resources to develop statewide information and telecommunications 5.30technology systems and services and its infrastructure; 5.31    (2) approve state agency and intergovernmental information and telecommunications 5.32technology systems and services development efforts involving state or intergovernmental 5.33funding, including federal funding, provide information to the legislature regarding 6.1projects reviewed, and recommend projects for inclusion in the governor's budget under 6.2section 16A.11; 6.3    (3) ensure cooperation and collaboration among state and local governments in 6.4developing intergovernmental information and telecommunications technology systems 6.5and services, and define the structure and responsibilities of a representative governance 6.6structure; 6.7    (4) cooperate and collaborate with the legislative and judicial branches in the 6.8development of information and communications systems in those branches; 6.9    (5) continue the development of North Star, the state's official comprehensive online 6.10service and information initiative; 6.11    (6) promote and collaborate with the state's agencies in the state's transition to an 6.12effectively competitive telecommunications market; 6.13    (7) collaborate with entities carrying out education and lifelong learning initiatives 6.14to assist Minnesotans in developing technical literacy and obtaining access to ongoing 6.15learning resources; 6.16    (8) promote and coordinate public information access and network initiatives, 6.17consistent with chapter 13, to connect Minnesota's citizens and communities to each 6.18other, to their governments, and to the world; 6.19    (9) promote and coordinate electronic commerce initiatives to ensure that Minnesota 6.20businesses and citizens can successfully compete in the global economy; 6.21    (10) manage and promote the regular and periodic reinvestment in the information 6.22and telecommunications technology systems and services infrastructure so that state and 6.23local government agencies can effectively and efficiently serve their customers; 6.24    (11) facilitate the cooperative development of and ensure compliance with standards 6.25and policies for information and telecommunications technology systems and services, 6.26electronic data practices and privacy, and electronic commerce among international, 6.27national, state, and local public and private organizations; 6.28    (12) eliminate unnecessary duplication of existing information and 6.29telecommunications technology systems and services provided by other public and private 6.30organizations while building on the existing governmental, educational, business, health 6.31care, and economic development infrastructures; 6.32    (13) identify, sponsor, develop, and execute shared information and 6.33telecommunications technology projects and ongoing operations; and 6.34    (14) ensure overall security of the state's information and technology systems and 6.35services. 7.1    (b) The chief information officernew text begin ,new text end in consultation with the commissioner of 7.2financenew text begin ,new text end must determine when it is cost-effective for agencies to develop and use shared 7.3information and telecommunications technology systems and services for the delivery of 7.4electronic government services. The chief information officer may require agencies to 7.5use shared information and telecommunications technology systems and services. The 7.6chief information officer shall establish reimbursement rates in cooperation with the 7.7commissioner of finance to be billed to agencies and other governmental entities sufficient 7.8to cover the actual development, operating, maintenance, and administrative costs of 7.9the shared systems. The methodology for billing may include the use of interagency 7.10agreements, or other means as allowed by law. 7.11    new text begin (c) A state agency that has an information and telecommunications technology new text end 7.12new text begin project with a total expected project cost of more than $1,000,000, whether funded as part new text end 7.13new text begin of the biennial budget or by any other means, shall register with the office by submitting new text end 7.14new text begin basic project startup documentation, as specified by the chief information officer in both new text end 7.15new text begin format and content, before any project funding is requested or committed and before new text end 7.16new text begin the project commences. State agency project leaders must demonstrate that the project new text end 7.17new text begin will be properly managed, provide updates to the project documentation as changes are new text end 7.18new text begin proposed, and regularly report on the current status of the project on a schedule agreed to new text end 7.19new text begin with the chief information officer.new text end 7.20    new text begin (d) The chief information officer shall monitor progress on any active information new text end 7.21new text begin and telecommunications technology project with a total expected project cost of more than new text end 7.22new text begin $5,000,000 and report on the performance of the project in comparison with the plans for new text end 7.23new text begin the project in terms of time, scope, and budget. The chief information officer may conduct new text end 7.24new text begin an independent project audit of the project. The audit analysis and evaluation of the new text end 7.25new text begin projects subject to paragraph (c) must be presented to agency executive sponsors, the new text end 7.26new text begin project governance bodies, and the chief information officer. All reports and responses new text end 7.27new text begin must become part of the project record.new text end 7.28    new text begin (e) For any active information and telecommunications technology project with a new text end 7.29new text begin total expected project cost of more than $10,000,000, the state agency must perform an new text end 7.30new text begin annual independent audit that conforms to published project audit principles promulgated new text end 7.31new text begin by the office.new text end 7.32    new text begin (f) The chief information officer shall report by January 15 of each year to the new text end 7.33new text begin chairs and ranking minority members of the legislative committees and divisions with new text end 7.34new text begin jurisdiction over the office regarding projects the office has reviewed under paragraph (a), new text end 7.35new text begin clause (2). The report must include the reasons for the determinations made in the review new text end 7.36new text begin of each project and a description of its current status.new text end 8.1new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 8.2    Sec. 9. Minnesota Statutes 2006, section 16E.03, subdivision 1, is amended to read: 8.3    Subdivision 1. Definitions. For the purposes of chapter 16E, the following terms 8.4have the meanings given them. 8.5    (a) "Information and telecommunications technology systems and services" means 8.6all computing and telecommunications hardware and software, the activities undertaken 8.7to secure that hardware and software, and the activities undertaken to acquire, transport, 8.8process, analyze, store, and disseminate information electronically. "Information and 8.9telecommunications technology systems and services" includes all proposed expenditures 8.10for computing and telecommunications hardware and software, security for that hardware 8.11and software, and related consulting or other professional services. 8.12    (b) "Information and telecommunications technology project" means an effort to 8.13acquire or produce information and telecommunications technology systems and services. 8.14    (c) "Telecommunications" means voice, video, and data electronic transmissions 8.15transported by wire, wireless, fiber-optic, radio, or other available transport technology. 8.16    (d) "Cyber security" means the protection of data and systems in networks connected 8.17to the Internet. 8.18    (e) "State agency" means an agency in the executive branch of state government and 8.19includes the Minnesota Office of Higher Education, but does not include the Minnesota 8.20State Colleges and Universities unless specifically provided elsewhere in this chapter. 8.21    new text begin (f) "Total expected project cost" includes direct staff costs, all supplemental contract new text end 8.22new text begin staff and vendor costs, and costs of hardware and software development or purchase. new text end 8.23new text begin Breaking a project into several phases does not affect the cost threshold, which must be new text end 8.24new text begin computed based on the full cost of all phases.new text end 8.25new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 8.26    Sec. 10. Minnesota Statutes 2006, section 16E.04, subdivision 2, is amended to read: 8.27    Subd. 2. Responsibilities. (a) In addition to other activities prescribed by law, the 8.28office shall carry out the duties set out in this subdivision. 8.29    (b) The office shall develop and establish a state information architecture to ensure 8.30that state agency development and purchase of information and communications systems, 8.31equipment, and services is designed to ensure that individual agency information systems 8.32complement and do not needlessly duplicate or conflict with the systems of other agencies. 8.33When state agencies have need for the same or similar public data, the chief information 8.34officer, in coordination with the affected agencies, shall manage the most efficient and 9.1cost-effective method of producing and storing data for or sharing data between those 9.2agencies. The development of this information architecture must include the establishment 9.3of standards and guidelines to be followed by state agencies. The office shall ensure 9.4compliance with the architecture. 9.5    (c) The office shall assist state agencies in the planning and management of 9.6information systems so that an individual information system reflects and supports the 9.7state agency's mission and the state's requirements and functions. The office shall review 9.8and approve agency technology plans to ensure consistency with enterprise information 9.9and telecommunications technology strategy.new text begin By January 15 of each year, the chief new text end 9.10new text begin information officer must report to the chairs and the ranking minority members of new text end 9.11new text begin the legislative committees and divisions with jurisdiction over the office regarding the new text end 9.12new text begin assistance provided under this paragraph. The report must include a listing of agencies new text end 9.13new text begin that have developed or are developing plans under this paragraph.new text end 9.14    (d) The office shall review and approve agency requests for funding for the 9.15development or purchase of information systems equipment or software before the 9.16requests may be included in the governor's budget. 9.17    (e) The office shall review major purchases of information systems equipment to: 9.18    (1) ensure that the equipment follows the standards and guidelines of the state 9.19information architecture; 9.20    (2) ensure the agency's proposed purchase reflects a cost-effective policy regarding 9.21volume purchasing; and 9.22    (3) ensure that the equipment is consistent with other systems in other state agencies 9.23so that data can be shared among agencies, unless the office determines that the agency 9.24purchasing the equipment has special needs justifying the inconsistency. 9.25    (f) The office shall review the operation of information systems by state agencies 9.26and ensure that these systems are operated efficiently and securely and continually meet 9.27the standards and guidelines established by the office. The standards and guidelines must 9.28emphasize uniformity that is cost-effective for the enterprise, that encourages information 9.29interchange, open systems environments, and portability of information whenever 9.30practicable and consistent with an agency's authority and chapter 13. 9.31    (g) The office shall conduct a comprehensive review at least every three years of 9.32the information systems investments that have been made by state agencies and higher 9.33education institutions. The review must include recommendations on any information 9.34systems applications that could be provided in a more cost-beneficial manner by an outside 9.35source. The office must report the results of its review to the legislature and the governor. 9.36new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 10.1    Sec. 11. new text begin [43A.187] BLOOD DONATION LEAVE.new text end 10.2    new text begin A state employee must be granted leave from work with 100 percent of pay to donate new text end 10.3new text begin blood at a location away from the place of work. The total amount of leave used under this new text end 10.4new text begin paragraph may not exceed three hours in a 12-month period, and must be determined by new text end 10.5new text begin the employee. A state employee seeking leave from work under this section must provide new text end 10.6new text begin 14 days' notice to the appointing authority. This leave must not affect the employee's new text end 10.7new text begin vacation leave, pension, compensatory time, personal vacation days, sick leave, earned new text end 10.8new text begin overtime accumulation, or cause a loss of seniority. For the purposes of this section, "state new text end 10.9new text begin employee" does not include an employee of the Minnesota State Colleges and Universities.new text end 10.10    Sec. 12. new text begin [181.9458] AUTHORIZATION FOR BLOOD DONATION LEAVE.new text end 10.11    new text begin An employer may grant paid leave from work to an employee to allow the employee new text end 10.12new text begin to donate blood.new text end 10.13    Sec. 13. Minnesota Statutes 2006, section 309.53, subdivision 3, is amended to read: 10.14    Subd. 3. Financial statement requirements. The financial statement shall include 10.15a balance sheet, statement of income and expense, and statement of functional expenses, 10.16shall be consistent with forms furnished by the attorney general, and shall be prepared in 10.17accordance with generally accepted accounting principles so as to make a full disclosure 10.18of the following, including necessary allocations between each item and the basis of 10.19such allocations: 10.20    (a) total receipts and total income from all sources; 10.21    (b) cost of management and general; 10.22    (c) program services; 10.23    (d) cost of fund-raising; 10.24    (e) cost of public education; 10.25    (f) funds or properties transferred out of state, with explanation as to recipient and 10.26purpose; 10.27    (g) total net amount disbursed or dedicated within this state, broken down into total 10.28amounts disbursed or dedicated for each major purpose, charitable or otherwise; 10.29    (h) names of professional fund-raisers used during the accounting year and the 10.30financial compensation and profit resulting to each professional fund-raiser; and 10.31    (i) a list of the five highest paid directors, officers, and employees of the organization 10.32and its related organizations, as that term is defined by section 317A.011, subdivision 18, 10.33that receive total compensation of more than $50,000, together with the total compensation 10.34paid to each. Total compensation shall include salaries, fees, bonuses, fringe benefits, 11.1severance payments, and deferred compensation paid by the charitable organization and 11.2all related organizations as that term is defined by section 317A.011, subdivision 18. 11.3    Unless otherwise required by this subdivision, the financial statement need not be 11.4certified. 11.5    A financial statement of a charitable organization which has received total revenue 11.6in excess of $350,000 for the 12 months of operation covered by the statement shall be 11.7accompanied by an audited financial statement prepared in accordance with generally 11.8accepted accounting principles that has been examined by an independent certified public 11.9accountant for the purpose of expressing an opinion. In preparing the audit the certified 11.10public accountant shall take into consideration capital, endowment or other reserve funds, 11.11if any, controlled by the charitable organization.new text begin For purposes of calculating the $350,000 new text end 11.12new text begin total revenue threshold provided by this subdivision, the value of donated food to a new text end 11.13new text begin nonprofit food shelf may not be included if the food is donated for subsequent distribution new text end 11.14new text begin at no charge, and not for resale.new text end 11.15new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment new text end 11.16new text begin and applies to any financial statement that is required to be filed under this section after new text end 11.17new text begin May 14, 2008.new text end 11.18    Sec. 14. Laws 2005, First Special Session chapter 1, article 4, section 121, subdivision 11.194, as amended by Laws 2007, chapter 29, section 1, subdivision 4, is amended to read: 11.20    Subd. 4. Duties. The commission shall have the following duties: 11.21    (1) to present to the governor and legislature a plan for grants to pay for capital 11.22improvements on Minnesota's historic public and private buildings, to be known as 11.23sesquicentennial grants; 11.24    (2) to seek funding for activities to celebrate the 150th anniversary of statehood, and 11.25to form partnerships with private parties to further this mission; 11.26    (3) to present an annual report to the governor and legislature outlining progress 11.27made towards the celebration of the sesquicentennial; and 11.28    (4) to encourage all activities celebrating the sesquicentennial to be as energy 11.29efficient as practicablenew text begin ; andnew text end 11.30    new text begin (5) to use the results of the Sesquicentennial Plan for Our Future project to help new text end 11.31new text begin provide feedback on the selection and use of Minnesota Milestones goals and indicatorsnew text end . 11.32new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 11.33    Sec. 15. new text begin WORKING GROUP FOR MINNESOTA MILESTONES PROCESS new text end 11.34new text begin AND INDICATORS.new text end 12.1    new text begin By September 1, 2008, the commissioner of administration shall convene a working new text end 12.2new text begin group of state agency staff, legislative staff, and other interested parties to assist in the new text end 12.3new text begin use of Minnesota Milestones as required under Minnesota Statutes, section 16A.10, new text end 12.4new text begin subdivision 1c. The working group shall consider collaborative opportunities with new text end 12.5new text begin community organizations and higher education institutions. The working group expires on new text end 12.6new text begin February 27, 2009.new text end 12.7new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 12.8    Sec. 16. new text begin REPEALER.new text end 12.9new text begin Minnesota Statutes 2006, sections 16B.281, subdivisions 2, 4, and 5; and 16B.285,new text end new text begin new text end 12.10new text begin are repealed.new text end 12.11ARTICLE 2 12.12LAWFUL GAMBLING 12.13    Section 1. Minnesota Statutes 2006, section 240.24, subdivision 2, is amended to read: 12.14    Subd. 2. Exception. Notwithstanding subdivision 1, the commission by rule shall 12.15allow the use of: (1) topical external applications that do not contain anesthetics or 12.16steroids; (2) food additives; (3) Furosemide or other pulmonary hemostatic agents if the 12.17agents are administered under the visual supervision of the veterinarian or a designee of the 12.18veterinarian employed by the commission; and (4) nonsteroidal anti-inflammatory drugs, 12.19provided that the test sample does not contain more than five micrograms of the substance 12.20or metabolites thereof per milliliter of blood plasmanew text begin ; and (5) medications and their new text end 12.21new text begin metabolites, provided their use thereof does not exceed regulatory threshold concentrations new text end 12.22new text begin set by rule by the commissionnew text end . For purposes of this clause, "test sample" means any bodily 12.23substance including blood, urine, saliva, or other substance as directed by the commission, 12.24taken from a horse under the supervision of the commission veterinarian and in such 12.25manner as prescribed by the commission for the purpose of analysis. 12.26    Sec. 2. Minnesota Statutes 2006, section 609.75, subdivision 4, is amended to read: 12.27    Subd. 4. Gambling device. A gambling device is a contrivance new text begin the purpose of new text end 12.28which new text begin is that new text end for a consideration affords thenew text begin anew text end player new text begin is afforded new text end an opportunity to obtain 12.29something of value, other than free plays, automatically from the machine or otherwise, 12.30the award of which is determined principally by chancenew text begin , whether or not the contrivance is new text end 12.31new text begin actually playednew text end . "Gambling device" also includes a video game of chance, as defined in 12.32subdivision 8. 12.33new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 13.1    Sec. 3. new text begin REPEALER.new text end 13.2new text begin Minnesota Statutes 2006, section 349.40,new text end new text begin is repealed.new text end 13.3new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end " 13.4Delete the title and insert: 13.5"A bill for an act 13.6relating to state government; incorporating Minnesota Milestones goals and 13.7indicators in budget preparation; requiring state agencies with certain information 13.8and telecommunications technology projects to register with the Office of 13.9Enterprise Technology and requiring the office to monitor progress on the 13.10projects; requiring the Office of Enterprise Technology to report to the legislature 13.11regarding its approval process for state agency technology requests and assistance 13.12provided to state agencies in developing agency information systems plans; 13.13providing additional duties for the Sesquicentennial Commission; establishing a 13.14working group; modifying state surplus land procedures; providing up to three 13.15hours of paid leave in any 12-month period for state employees to donate blood; 13.16authorizing employers to provide leave to employees to donate blood; modifying 13.17financial statement requirements for certain charitable organizations; modifying 13.18certain horse racing medication regulations; clarifying definition of gambling 13.19device; repealing a provision relating to manufacture of gambling devices or 13.20components for shipment to other jurisdictions;amending Minnesota Statutes 13.212006, sections 3.885, by adding a subdivision; 16A.10, subdivision 1c; 16B.281, 13.22subdivision 3; 16B.282; 16B.283; 16B.284; 16B.287, subdivision 2; 16E.01, 13.23subdivision 3; 16E.03, subdivision 1; 16E.04, subdivision 2; 240.24, subdivision 13.242; 309.53, subdivision 3; 609.75, subdivision 4; Laws 2005, First Special Session 13.25chapter 1, article 4, section 121, subdivision 4, as amended; proposing coding for 13.26new law in Minnesota Statutes, chapters 43A; 181; repealing Minnesota Statutes 13.272006, sections 16B.281, subdivisions 2, 4, 5; 16B.285; 349.40." We request the adoption of this report and repassage of the bill.House Conferees: (Signed) Gene Pelowski Jr., Jeanne Poppe, Will Morgan, Phyllis Kahn, Neil W. PetersonSenate Conferees: (Signed) Ann H. Rest, Dan Larson, Dick Day, Sharon L. Erickson Ropes, Sandra L. Pappas 14.1 We request the adoption of this report and repassage of the bill. 14.2 House Conferees:(Signed) 14.3 ..... ..... 14.4 Gene Pelowski Jr. Jeanne Poppe 14.5 ..... ..... 14.6 Will Morgan Phyllis Kahn 14.7 ..... 14.8 Neil W. Peterson 14.9 Senate Conferees:(Signed) 14.10 ..... ..... 14.11 Ann H. Rest Dan Larson 14.12 ..... ..... 14.13 Dick Day Sharon L. Erickson Ropes 14.14 ..... 14.15 Sandra L. Pappas