HF 3494
1st Unofficial Engrossment - 85th Legislature (2007 - 2008)
Posted on 12/15/2009 12:00 a.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act
1.2relating to state government; modifying equitable compensation limits;
1.3modifying limits on state commissioner salaries; incorporating Minnesota
1.4Milestones goals and indicators in budget preparation; requiring state agencies
1.5with certain information and telecommunications technology projects to register
1.6with the Office of Enterprise Technology and requiring the office to monitor
1.7progress on the projects; requiring the Office of Enterprise Technology to report
1.8to the legislature regarding its approval process for state agency technology
1.9requests and assistance provided to state agencies in developing agency
1.10information systems plans; providing additional duties for the Sesquicentennial
1.11Commission; establishing a working group; providing up to three hours of paid
1.12leave in any 12-month period for state employees to donate blood; authorizing
1.13employers to provide leave to employees to donate blood; modifying financial
1.14statement requirements for certain charitable organizations; including appellate
1.15court appointments in the Commission on Judicial Selection process; modifying
1.16certain horse racing medication regulations; clarifying definition of gambling
1.17device; repealing a provision relating to manufacture of gambling devices or
1.18components for shipment to other jurisdictions; providing contribution limits
1.19for certain candidates; authorizing the secretary of state to transfer funds;
1.20appropriating money;amending Minnesota Statutes 2006, sections 3.885, by
1.21adding a subdivision; 10A.27, subdivision 1; 15A.081, subdivision 8; 15A.0815,
1.22subdivisions 1, 2, as amended, 5; 16A.10, subdivisions 1, 1c; 16B.281,
1.23subdivision 3; 16B.282; 16B.283; 16B.284; 16B.287, subdivision 2; 16E.01,
1.24subdivision 3; 16E.03, subdivision 1; 16E.04, subdivision 2; 43A.01, subdivision
1.253; 43A.17, subdivision 9; 119A.03, subdivision 1; 124D.385, subdivision 4;
1.26203B.227, as added; 240.24, subdivision 2; 309.53, subdivision 3; 349A.02,
1.27subdivision 1; 480B.01, subdivisions 1, 6, 10; 609.75, subdivision 4; Minnesota
1.28Statutes 2007 Supplement, section 216C.052, subdivision 2; Laws 2005, First
1.29Special Session chapter 1, article 4, section 121, subdivision 4, as amended;
1.30Laws 2007, chapter 148, article 1, section 7; proposing coding for new law in
1.31Minnesota Statutes, chapters 1; 3; 43A; 181; repealing Minnesota Statutes 2006,
1.32sections 15A.0815, subdivisions 3, 4; 16B.281, subdivisions 2, 4, 5; 16B.285;
1.33349.40.
1.34BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.1ARTICLE 1
2.2STATE GOVERNMENT
2.3 Section 1. new text begin [1.1499] STATE SPORT.new text end
2.4 new text begin Ice hockey is adopted as the official sport of the State of Minnesota.new text end
2.5 Sec. 2. Minnesota Statutes 2006, section 3.885, is amended by adding a subdivision to
2.6read:
2.7 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
2.8new text begin form a Subcommittee on Government Accountability under section 3.3056 to review new text end
2.9new text begin recommendations from the commissioner of finance under section 16A.10, subdivision 1c, new text end
2.10new text begin and to review recommendations from the commissioners of finance and administration on new text end
2.11new text begin how to improve the use of Minnesota Milestones and other statewide goals and indicators new text end
2.12new text begin in state planning and budget documents. The subcommittee shall consider testimony from new text end
2.13new text begin representatives from the following organizations and agencies: (1) nonprofit organizations new text end
2.14new text begin involved in the preparation of Minnesota Milestones; (2) the University of Minnesota new text end
2.15new text begin and other higher education institutions; (3) the Department of Finance and other state new text end
2.16new text begin agencies; and (4) other legislators. The subcommittee shall report to the commission by new text end
2.17new text begin February 1 of each odd-numbered year with long-range recommendations for the further new text end
2.18new text begin implementation and uses of Minnesota Milestones and other government accountability new text end
2.19new text begin improvements.new text end
2.20 Sec. 3. new text begin [3.886] LEGISLATIVE BUDGET DATA.new text end
2.21 new text begin The chair of any legislative committee or division with jurisdiction over any part new text end
2.22new text begin of the budget must make any document requested or prepared by the chair that relates to new text end
2.23new text begin budget proposals available to the ranking minority member serving on the committee or new text end
2.24new text begin division as soon as the document is completed.new text end
2.25 Sec. 4. Minnesota Statutes 2006, section 15A.081, subdivision 8, is amended to read:
2.26 Subd. 8. Expense allowance. Notwithstanding any law to the contrary, positions
2.27listed in section 15A.0815, subdivisions 2 and 3, constitutional officers, the commissioner
2.28of Iron Range resources and rehabilitation, and the director of the State Lottery are
2.29authorized an annual expense allowance not to exceed $1,500 for necessary expenses in
2.30the normal performance of their duties for which no other reimbursement is provided.
2.31The expenditures under this subdivision are subject to any laws and rules relating to
2.32budgeting, allotment and encumbrance, preaudit and postaudit. The commissioner of
3.1finance may adopt rules to assure the proper expenditure of these funds and to provide
3.2for reimbursement.
3.3 Sec. 5. Minnesota Statutes 2006, section 15A.0815, subdivision 1, is amended to read:
3.4 Subdivision 1. Salary limits. The governor or other appropriate appointing
3.5authority shall set the salary rates for positions listed in this sectionnew text begin subdivision 2 new text end within
3.6the salary limits listed in subdivisionsnew text begin subdivision new text end 2 to 4new text begin and section 43A.17, subdivision new text end
3.7new text begin 9new text end , subject to approval of the Legislative Coordinating Commission and the legislature as
3.8provided by subdivision 5 and sections
3.855 and
15A.081, subdivision 7b.
3.9 Sec. 6. Minnesota Statutes 2006, section 15A.0815, subdivision 2, as amended by
3.10Laws 2008, chapter 204, section 3, is amended to read:
3.11 Subd. 2. Group I salary limitsnew text begin Positionsnew text end . The salaries for positions in this
3.12subdivision may not exceed 95 percent of the salary of the governor:
3.13 Commissioner of administration;
3.14 Commissioner of agriculture;
3.15 Commissioner of education;
3.16 Commissioner of commerce;
3.17 Commissioner of corrections;
3.18 new text begin Commissioner of employment and economic development;new text end
3.19 Commissioner of finance;
3.20 new text begin Director, Gambling Control Board;new text end
3.21 Commissioner of health;
3.22 Executive director, Minnesota Office of Higher Education;
3.23 Commissioner, Housing Finance Agency;
3.24 Commissioner of human rights;
3.25 Commissioner of human services;
3.26 new text begin Commissioner, Iron Range Resources and Rehabilitation Board;new text end
3.27 Commissioner of labor and industry;
3.28 new text begin Commissioner, Bureau of Mediation Services;new text end
3.29 new text begin Ombudsman for Mental Health and Developmental Disabilities;new text end
3.30 new text begin Chair, Metropolitan Airports Commission;new text end
3.31 new text begin Chair, Metropolitan Council;new text end
3.32 new text begin Director, Minnesota State Lottery;new text end
3.33 Commissioner of natural resources;
3.34 Director of Office of Strategic and Long-Range Planning;
4.1 Commissioner, Pollution Control Agency;
4.2 new text begin Executive director, Public Employees Retirement Association;new text end
4.3 Commissioner of public safety;
4.4 new text begin Commissioner, Public Utilities Commission;new text end
4.5 new text begin Director, Minnesota Racing Commission;new text end
4.6 Commissioner of revenue;
4.7 Commissioner of employment and economic development;
4.8 new text begin Executive director, State Retirement System;new text end
4.9 new text begin Executive director, Teachers Retirement Association;new text end
4.10 Commissioner of transportation; and
4.11 Commissioner of veterans affairs.
4.12 Sec. 7. Minnesota Statutes 2006, section 15A.0815, subdivision 5, is amended to read:
4.13 Subd. 5. Appointing authorities to recommend certain salaries. (a) The
4.14governor, or other appropriate appointing authority, may submit to the Legislative
4.15Coordinating Commission recommendations for salaries within the salary limits for the
4.16positions listed in subdivisions 2 to 4. An appointing authority may also propose additions
4.17or deletions of positions from those listed.
4.18 (b) Before submitting the recommendations, the appointing authority shall consult
4.19with the commissioner of employee relations concerning the recommendations.
4.20 (c) In making recommendations, the appointing authority shall consider the
4.21criteria established in section
43A.18, subdivision 8, and the performance of individual
4.22incumbents. The performance evaluation must include a review of an incumbent's progress
4.23toward attainment of affirmative action goals. The appointing authority shall establish
4.24an objective system for quantifying knowledge, abilities, duties, responsibilities, and
4.25accountabilities, and in determining recommendations, rate each position by this system.
4.26 (d) Before the appointing authority's recommended salaries take effect, the
4.27recommendations must be reviewed and approved, rejected, or modified by the Legislative
4.28Coordinating Commission and the legislature under section
3.855, subdivisions 2 and
4.293
. If, when the legislature is not in session, the commission fails to reject or modify
4.30salary recommendations of the governor within 30 calendar days of their receipt, the
4.31recommendations are deemed to be approved.
4.32 (e) The appointing authority shall set the initial salary of a head of a new agency
4.33or a chair of a new metropolitan board or commission whose salary is not specifically
4.34prescribed by law after consultation with the commissioner, whose recommendation is
5.1advisory only. The amount of the new salary must be comparable to the salary of an
5.2agency head or commission chair having similar duties and responsibilities.
5.3 (f) The salary of a newly appointed head of an agency or chair of a metropolitan
5.4agency listed in subdivisionsnew text begin subdivisionnew text end 2 to 4, may be increased or decreased by the
5.5appointing authority from the salary previously set for that position within 30 days
5.6of the new appointment after consultation with the commissioner. If the appointing
5.7authority increases a salary under this paragraph, the appointing authority shall submit
5.8the new salary to the Legislative Coordinating Commission and the full legislature
5.9for approval, modification, or rejection under section
3.855, subdivisions 2 and 3.
5.10If, when the legislature is not in session, the commission fails to reject or modify
5.11salary recommendations of the governor within 30 calendar days of their receipt, the
5.12recommendations are deemed to be approved.
5.13 Sec. 8. Minnesota Statutes 2006, section 16A.10, subdivision 1, is amended to read:
5.14 Subdivision 1. Budget format. In each even-numbered calendar year the
5.15commissioner shall prepare budget forms and instructions for all agencies, including
5.16guidelines for reporting agency performance measures, subject to the approval of the
5.17governor. new text begin In addition to the review required under subdivision 1c, new text end the commissioner shall
5.18request and receive advisory recommendations from the chairs of the senate Finance
5.19Committee and house of representatives Ways and Means Committee before adopting a
5.20format for the biennial budget document. By June 15, the commissioner shall send the
5.21proposed budget forms to the appropriations and finance committees. The committees
5.22have until July 15 to give the commissioner their advisory recommendations on possible
5.23improvements. To facilitate this consultation, the commissioner shall establish a working
5.24group consisting of executive branch staff and designees of the chairs of the senate
5.25Finance and house of representatives Ways and Means Committees. The commissioner
5.26must involve this group in all stages of development of budget forms and instructions.
5.27The budget format must show actual expenditures and receipts for the most recent fiscal
5.28year, estimated expenditures and receipts for the current fiscal year, and estimates for each
5.29fiscal year of the next biennium. Estimated expenditures must be classified by funds and
5.30character of expenditures and may be subclassified by programs and activities. Agency
5.31revenue estimates must show how the estimates were made and what factors were used.
5.32Receipts must be classified by funds, programs, and activities. Expenditure and revenue
5.33estimates must be based on the law in existence at the time the estimates are prepared.
5.34new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
6.1 Sec. 9. Minnesota Statutes 2006, section 16A.10, subdivision 1c, is amended to read:
6.2 Subd. 1c. Performance measures for change items. For each change item in the
6.3budget proposal requesting new or increased funding, the budget document must present
6.4proposed performance measures that can be used to determine if the new or increased
6.5funding is accomplishing its goals.new text begin To the extent possible, each budget change item must new text end
6.6new text begin identify relevant Minnesota Milestones and other statewide goals and indicators related to new text end
6.7new text begin the proposed initiative. By June 15 of each even-numbered year, the commissioner must new text end
6.8new text begin report to the Subcommittee on Government Accountability established under section new text end
6.9new text begin 3.885, subdivision 11, regarding the format and process to be used for the presentation and new text end
6.10new text begin selection of Minnesota Milestones and other statewide goals and indicators. By July 15 of new text end
6.11new text begin each even-numbered year, the subcommittee must recommend the format and process for new text end
6.12new text begin use in the preparation of the budget documents.new text end
6.13new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
6.14 Sec. 10. Minnesota Statutes 2006, section 16B.281, subdivision 3, is amended to read:
6.15 Subd. 3. Notice to agencies; determination of surplus. On or before October 1 of
6.16each year, the commissioner shall review the certifications of heads of each department or
6.17agency provided for in this section. The commissioner new text begin of administration new text end shall send written
6.18notice to all state departments, agencies, and the University of Minnesota describing any
6.19lands or tracts that may be declared surplus. If a department or agency or the University of
6.20Minnesota desires custody of the lands or tracts, it shall submit a written request to the
6.21commissioner, no later than four calendar weeks after mailing of the notice, setting forth
6.22in detail its reasons for desiring to acquire and its intended use of the land or tract. The
6.23commissioner shall then determine whether any of the lands described in the certifications
6.24of the heads of the departments or agencies should be declared surplus and offered for
6.25sale or otherwise disposed of by transferring custodial control to other requesting state
6.26departments or agencies or to the Board of Regents of the University of Minnesota for
6.27educational purposes, provided however that transfer to the Board of Regents shall not be
6.28determinative of tax exemption or immunity. If the commissioner determines that any of
6.29the lands are no longer needed for state purposes, the commissioner shall make findings of
6.30fact, describe the lands, declare the lands to be surplus state land, new text begin and new text end state the reasons for
6.31the sale or disposition of the lands, and notify the Executive Council of the determination.
6.32 Sec. 11. Minnesota Statutes 2006, section 16B.282, is amended to read:
6.3316B.282 SURVEYS, APPRAISALS, AND SALE.
7.1 Subdivision 1. Appraisal; notice and offer to public bodies. (a) Before offering
7.2any surplus state-owned lands for sale, the commissioner new text begin of administration new text end may survey the
7.3lands and, if the value of the lands is estimated to be $40,000new text begin $50,000new text end or less, may have
7.4the lands appraised. The commissioner shall have the lands appraised if the estimated
7.5value is in excess of $40,000new text begin $50,000new text end .
7.6 (b) The appraiser shall, before entering upon the duties of the office, take and
7.7subscribe an oath that the appraiser will faithfully and impartially discharge the duties
7.8of appraiser according to the best of the appraiser's ability and that the appraiser is not
7.9interested, directly or indirectly, in any of the lands to be appraised or the timber or
7.10improvements on the lands or in the purchase of the lands, timber, or improvements
7.11and has entered into no agreement or combination to purchase any of the lands, timber,
7.12or improvements. The oath shall be attached to the appraisal report.new text begin Appraisals must new text end
7.13new text begin be made by an appraiser that holds a state appraiser license issued by the Department new text end
7.14new text begin of Commerce. The appraisal must be in conformity with the Uniform Standards of new text end
7.15new text begin Professional Appraisal Practice of the Appraisal Foundation.new text end
7.16 (c) Before offering surplus state-owned lands for public sale, the lands shall first be
7.17offered to the city, county, town, school district, or other public body corporate or politic
7.18in which the lands are situated for public purposes and the lands may be sold for public
7.19purposes for not less than the appraised value of the lands. To determine whether a public
7.20body desires to purchase the surplus land, the commissioner shall give a written notice to
7.21the governing body of each political subdivision whose jurisdictional boundaries include
7.22or are adjacent to the surplus land. If a public body desires to purchase the surplus land,
7.23it shall submit a written offer to the commissioner no later than two weeks after receipt
7.24of notice setting forth in detail its reasons for desiring to acquire and its intended use of
7.25the land. In the event that more than one public body tenders an offer, the commissioner
7.26shall determine which party shall receive the property and shall submit written findings
7.27regarding the decision. If lands are offered for sale for public purposes and if a public
7.28body notifies the commissioner of its desire to acquire the lands, the public body may have
7.29up to two years from the date of the accepted offer to commence payment for the lands
7.30in the manner provided by law.
7.31 Subd. 2. Public sale requirements. (a) Lands certified as surplus by the head of
7.32a department or agency under section
shall be offered for public sale by the
7.33commissioner as provided in this subdivision. After complying with subdivision 1 and
7.34before any public sale of surplus state-owned land is madenew text begin and at least 30 days before the new text end
7.35new 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
7.36week for four successive weeks in a legal newspaper and also in a newspaper of general
8.1distribution in the city or county in which the real property to be sold is situated. The notice
8.2shall specify the time and place at which the sale will commence, a general description of
8.3the lots or tracts to be offered, and a general statement of the terms of sale. Each tract or
8.4lot shall be sold separately and shall be sold for no less than its appraised value.
8.5 (b)new text begin Surplus state-owned land shall be sold for no less than the estimated or appraised new text end
8.6new text begin value. The minimum bid may include expenses incurred by the commissioner in rendering new text end
8.7new text begin the property saleable, including survey, appraisal, legal, advertising, and other expenses.new text end
8.8 new text begin (c)new text end Parcels remaining unsold after the offering may be sold to anyone agreeing to
8.9pay the appraised value. The sale shall continue until all parcels are sold or until the
8.10commissioner orders a reappraisal or withdraws the remaining parcels from sale.
8.11 (c) Except as provided in section
, the cost of any survey or appraisal as
8.12provided in subdivision 1 shall be added to and made a part of the appraised value of the
8.13lands to be sold, whether to any political subdivision of the state or to a private purchaser
8.14as provided in this subdivision.
8.15 Sec. 12. Minnesota Statutes 2006, section 16B.283, is amended to read:
8.1616B.283 TERMS OF PAYMENT.
8.17 No less than ten percent of the purchase price shall be paid at the time of sale with
8.18the balance payable according to this section. If the purchase price of any lot or parcel is
8.19$5,000 or less, the balance shall be paid within 90 days of the date of sale. If the purchase
8.20price of any lot or parcel is in excess of $5,000, the balance shall be paid in equal annual
8.21installments for no more than five years, at the option of the purchaser, with principal
8.22and interest payable annually in advance at a rate equal to the rate in effect at the time
8.23under section
on the unpaid balance, payable to the state treasury on or before
8.24June 1 each year. Any installment of principal or interest may be prepaid.new text begin The purchaser new text end
8.25new text begin must pay at the time of sale ten percent of the total amount bid and the remainder of the new text end
8.26new text begin payment is due within 90 days of the sale date. A person who fails to make final payment new text end
8.27new text begin within 90 days of the sale date is in default. On default, all right, title, and interest of new text end
8.28new text begin the purchaser or heirs, representatives, or assigns of the purchaser in the premises shall new text end
8.29new text begin terminate without the state doing any act or thing. A record of the default must be made in new text end
8.30new text begin the state land records of the commissioner.new text end
8.31 Sec. 13. Minnesota Statutes 2006, section 16B.284, is amended to read:
8.3216B.284 CONTRACT FOR DEED AND QUITCLAIM DEED.
8.33 In the event a purchaser elects to purchase surplus real property on an installment
8.34basis, the commissioner shall enter into a contract for deed with the purchaser, in which
9.1shall be set forth the description of the real property sold and the price of the property,
9.2the consideration paid and to be paid for the property, the rate of interest, and time and
9.3terms of payment. The contract for deed shall be made assignable and shall further set
9.4forth that in case of the nonpayment of the annual principal or interest payment due by the
9.5purchaser, or any person claiming under the purchaser, then the contract for deed, from the
9.6time of the failure, is entirely void and of no effect and the state may be repossessed of the
9.7lot or tract and may resell the lot or tract as provided in sections
to
. In
9.8the event the terms and conditions of a contract for deed are completely fulfilled or if a
9.9purchaser makes a lump-sum payment for the subject property in lieu of entering into a
9.10contract for deed, The commissioner new text begin of administration new text end shall sign and cause to be issued a
9.11quitclaim deed on behalf of the state. The quitclaim deed shall be in a form prescribed by
9.12the attorney general and shall vest in the purchaser all of the state's interest in the subject
9.13property except as provided in section
16B.286.
9.14 Sec. 14. Minnesota Statutes 2006, section 16B.287, subdivision 2, is amended to read:
9.15 Subd. 2. Payment of expenses. A portion of the proceeds from the sale equal in
9.16amount to the survey, appraisal, legal, advertising, and other expenses incurred by the
9.17commissioner new text begin of administration new text end or other state official in rendering the property salable shall
9.18be remitted to the account from which the expenses were paid and are appropriated and
9.19immediately available for expenditure in the same manner as other money in the account.
9.20 Sec. 15. Minnesota Statutes 2006, section 16E.01, subdivision 3, is amended to read:
9.21 Subd. 3. Duties. (a) The office shall:
9.22 (1) manage the efficient and effective use of available federal, state, local, and
9.23public-private resources to develop statewide information and telecommunications
9.24technology systems and services and its infrastructure;
9.25 (2) approve state agency and intergovernmental information and telecommunications
9.26technology systems and services development efforts involving state or intergovernmental
9.27funding, including federal funding, provide information to the legislature regarding
9.28projects reviewed, and recommend projects for inclusion in the governor's budget under
9.29section
16A.11;
9.30 (3) ensure cooperation and collaboration among state and local governments in
9.31developing intergovernmental information and telecommunications technology systems
9.32and services, and define the structure and responsibilities of a representative governance
9.33structure;
10.1 (4) cooperate and collaborate with the legislative and judicial branches in the
10.2development of information and communications systems in those branches;
10.3 (5) continue the development of North Star, the state's official comprehensive online
10.4service and information initiative;
10.5 (6) promote and collaborate with the state's agencies in the state's transition to an
10.6effectively competitive telecommunications market;
10.7 (7) collaborate with entities carrying out education and lifelong learning initiatives
10.8to assist Minnesotans in developing technical literacy and obtaining access to ongoing
10.9learning resources;
10.10 (8) promote and coordinate public information access and network initiatives,
10.11consistent with chapter 13, to connect Minnesota's citizens and communities to each
10.12other, to their governments, and to the world;
10.13 (9) promote and coordinate electronic commerce initiatives to ensure that Minnesota
10.14businesses and citizens can successfully compete in the global economy;
10.15 (10) manage and promote the regular and periodic reinvestment in the information
10.16and telecommunications technology systems and services infrastructure so that state and
10.17local government agencies can effectively and efficiently serve their customers;
10.18 (11) facilitate the cooperative development of and ensure compliance with standards
10.19and policies for information and telecommunications technology systems and services,
10.20electronic data practices and privacy, and electronic commerce among international,
10.21national, state, and local public and private organizations;
10.22 (12) eliminate unnecessary duplication of existing information and
10.23telecommunications technology systems and services provided by other public and private
10.24organizations while building on the existing governmental, educational, business, health
10.25care, and economic development infrastructures;
10.26 (13) identify, sponsor, develop, and execute shared information and
10.27telecommunications technology projects and ongoing operations; and
10.28 (14) ensure overall security of the state's information and technology systems and
10.29services.
10.30 (b) The chief information officernew text begin ,new text end in consultation with the commissioner of
10.31financenew text begin ,new text end must determine when it is cost-effective for agencies to develop and use shared
10.32information and telecommunications technology systems and services for the delivery of
10.33electronic government services. The chief information officer may require agencies to
10.34use shared information and telecommunications technology systems and services. The
10.35chief information officer shall establish reimbursement rates in cooperation with the
10.36commissioner of finance to be billed to agencies and other governmental entities sufficient
11.1to cover the actual development, operating, maintenance, and administrative costs of
11.2the shared systems. The methodology for billing may include the use of interagency
11.3agreements, or other means as allowed by law.
11.4 new text begin (c) A state agency that has an information and telecommunications technology new text end
11.5new text begin project with a total expected project cost of more than $1,000,000, whether funded as part new text end
11.6new text begin of the biennial budget or by any other means, shall register with the office by submitting new text end
11.7new text begin basic project startup documentation, as specified by the chief information officer in both new text end
11.8new text begin format and content, before any project funding is requested or committed and before new text end
11.9new text begin the project commences. State agency project leaders must demonstrate that the project new text end
11.10new text begin will be properly managed, provide updates to the project documentation as changes are new text end
11.11new text begin proposed, and regularly report on the current status of the project on a schedule agreed to new text end
11.12new text begin with the chief information officer.new text end
11.13 new text begin (d) The chief information officer shall monitor progress on any active information new text end
11.14new text begin and telecommunications technology project with a total expected project cost of more than new text end
11.15new text begin $5,000,000 and report on the performance of the project in comparison with the plans for new text end
11.16new text begin the project in terms of time, scope, and budget. The chief information officer may conduct new text end
11.17new text begin an independent project audit of the project. The audit analysis and evaluation of the new text end
11.18new text begin projects subject to paragraph (c) must be presented to agency executive sponsors, the new text end
11.19new text begin project governance bodies, and the chief information officer. All reports and responses new text end
11.20new text begin must become part of the project record.new text end
11.21 new text begin (e) For any active information and telecommunications technology project with a new text end
11.22new text begin total expected project cost of more than $10,000,000, the state agency must perform an new text end
11.23new text begin annual independent audit that conforms to published project audit principles promulgated new text end
11.24new text begin by the office.new text end
11.25 new text begin (f) The chief information officer shall report by January 15 of each year to the new text end
11.26new text begin chairs and ranking minority members of the legislative committees and divisions with new text end
11.27new text begin jurisdiction over the office regarding projects the office has reviewed under paragraph (a), new text end
11.28new text begin clause (2). The report must include the reasons for the determinations made in the review new text end
11.29new text begin of each project and a description of its current status.new text end
11.30new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
11.31 Sec. 16. Minnesota Statutes 2006, section 16E.03, subdivision 1, is amended to read:
11.32 Subdivision 1. Definitions. For the purposes of chapter 16E, the following terms
11.33have the meanings given them.
11.34 (a) "Information and telecommunications technology systems and services" means
11.35all computing and telecommunications hardware and software, the activities undertaken
12.1to secure that hardware and software, and the activities undertaken to acquire, transport,
12.2process, analyze, store, and disseminate information electronically. "Information and
12.3telecommunications technology systems and services" includes all proposed expenditures
12.4for computing and telecommunications hardware and software, security for that hardware
12.5and software, and related consulting or other professional services.
12.6 (b) "Information and telecommunications technology project" means an effort to
12.7acquire or produce information and telecommunications technology systems and services.
12.8 (c) "Telecommunications" means voice, video, and data electronic transmissions
12.9transported by wire, wireless, fiber-optic, radio, or other available transport technology.
12.10 (d) "Cyber security" means the protection of data and systems in networks connected
12.11to the Internet.
12.12 (e) "State agency" means an agency in the executive branch of state government and
12.13includes the Minnesota Office of Higher Education, but does not include the Minnesota
12.14State Colleges and Universities unless specifically provided elsewhere in this chapter.
12.15 new text begin (f) "Total expected project cost" includes direct staff costs, all supplemental contract new text end
12.16new text begin staff and vendor costs, and costs of hardware and software development or purchase. new text end
12.17new text begin Breaking a project into several phases does not affect the cost threshold, which must be new text end
12.18new text begin computed based on the full cost of all phases.new text end
12.19new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
12.20 Sec. 17. Minnesota Statutes 2006, section 16E.04, subdivision 2, is amended to read:
12.21 Subd. 2. Responsibilities. (a) In addition to other activities prescribed by law, the
12.22office shall carry out the duties set out in this subdivision.
12.23 (b) The office shall develop and establish a state information architecture to ensure
12.24that state agency development and purchase of information and communications systems,
12.25equipment, and services is designed to ensure that individual agency information systems
12.26complement and do not needlessly duplicate or conflict with the systems of other agencies.
12.27When state agencies have need for the same or similar public data, the chief information
12.28officer, in coordination with the affected agencies, shall manage the most efficient and
12.29cost-effective method of producing and storing data for or sharing data between those
12.30agencies. The development of this information architecture must include the establishment
12.31of standards and guidelines to be followed by state agencies. The office shall ensure
12.32compliance with the architecture.
12.33 (c) The office shall assist state agencies in the planning and management of
12.34information systems so that an individual information system reflects and supports the
12.35state agency's mission and the state's requirements and functions. The office shall review
13.1and approve agency technology plans to ensure consistency with enterprise information
13.2and telecommunications technology strategy.new text begin By January 15 of each year, the chief new text end
13.3new text begin information officer must report to the chairs and the ranking minority members of new text end
13.4new text begin the legislative committees and divisions with jurisdiction over the office regarding the new text end
13.5new text begin assistance provided under this paragraph. The report must include a listing of agencies new text end
13.6new text begin that have developed or are developing plans under this paragraph.new text end
13.7 (d) The office shall review and approve agency requests for funding for the
13.8development or purchase of information systems equipment or software before the
13.9requests may be included in the governor's budget.
13.10 (e) The office shall review major purchases of information systems equipment to:
13.11 (1) ensure that the equipment follows the standards and guidelines of the state
13.12information architecture;
13.13 (2) ensure the agency's proposed purchase reflects a cost-effective policy regarding
13.14volume purchasing; and
13.15 (3) ensure that the equipment is consistent with other systems in other state agencies
13.16so that data can be shared among agencies, unless the office determines that the agency
13.17purchasing the equipment has special needs justifying the inconsistency.
13.18 (f) The office shall review the operation of information systems by state agencies
13.19and ensure that these systems are operated efficiently and securely and continually meet
13.20the standards and guidelines established by the office. The standards and guidelines must
13.21emphasize uniformity that is cost-effective for the enterprise, that encourages information
13.22interchange, open systems environments, and portability of information whenever
13.23practicable and consistent with an agency's authority and chapter 13.
13.24 (g) The office shall conduct a comprehensive review at least every three years of
13.25the information systems investments that have been made by state agencies and higher
13.26education institutions. The review must include recommendations on any information
13.27systems applications that could be provided in a more cost-beneficial manner by an outside
13.28source. The office must report the results of its review to the legislature and the governor.
13.29new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
13.30 Sec. 18. Minnesota Statutes 2006, section 43A.01, subdivision 3, is amended to read:
13.31 Subd. 3. Equitable compensation relationships. It is the policy of this state to
13.32attempt to establish equitable compensation relationships between female-dominated,
13.33male-dominated, and balanced classes of employees in the executive branch.
13.34Compensation relationships are equitable within the meaning of this subdivision when the
13.35primary consideration in negotiating, establishing, recommending, and approving total
14.1compensation is comparability of the value of the work in relationship to other positions in
14.2the executive branch.new text begin A recognized system for classification analysis and its concurrent new text end
14.3new text begin point allocation system must be used in order to attain compensation equity. Classification new text end
14.4new text begin range maximums must fall within the system's point allocation window. Market-driven new text end
14.5new text begin forces are recognized as acceptable in order to maintain employee recruitment and new text end
14.6new text begin retention efforts whenever the compensation rates exceed the allocated points. No contract new text end
14.7new text begin executed under chapter 179A may modify, waive, or abridge this section and sections new text end
14.8new text begin 43A.07 to 43A.121, 43A.15, and 43A.17 to 43A.21, except to the extent expressly new text end
14.9new text begin permitted in those sections. Any compensation equity adjustments must be made from new text end
14.10new text begin agency appropriations. Fifty percent of the compensation governed by this system must be new text end
14.11new text begin adjusted in fiscal year 2009 and the remaining compensation in fiscal year 2010.new text end
14.12 Sec. 19. Minnesota Statutes 2006, section 43A.17, subdivision 9, is amended to read:
14.13 Subd. 9. Political subdivision Compensation limit. (a) The salary and the value
14.14of all other forms of compensation of new text begin the positions in section 15A.0815 and new text end a person
14.15employed by a political subdivision of this state, excluding a school district, or employed
14.16under section
422A.03 may not exceed 110 percent of the salary of the governor as set
14.17under section
15A.082, except as provided in this subdivision. For purposes of this
14.18subdivision, "political subdivision of this state" includes a statutory or home rule charter
14.19city, county, town, metropolitan or regional agency, or other political subdivision, but
14.20does not include a hospital, clinic, or health maintenance organization owned by such a
14.21governmental unit.
14.22 (b) Beginning in 2006, the limit in paragraph (a) shall be adjusted annually in
14.23January. The limit shall equal the limit for the prior year increased by the percentage
14.24increase, if any, in the Consumer Price Index for all-urban consumers from October of the
14.25second prior year to October of the immediately prior year.
14.26 (c) Deferred compensation and payroll allocations to purchase an individual annuity
14.27contract for an employee are included in determining the employee's salary. Other forms
14.28of compensation which shall be included to determine an employee's total compensation
14.29are all other direct and indirect items of compensation which are not specifically excluded
14.30by this subdivision. Other forms of compensation which shall not be included in a
14.31determination of an employee's total compensation for the purposes of this subdivision are:
14.32 (1) employee benefits that are also provided for the majority of all other full-time
14.33employees of the political subdivision, vacation and sick leave allowances, health and
14.34dental insurance, disability insurance, term life insurance, and pension benefits or like
15.1benefits the cost of which is borne by the employee or which is not subject to tax as
15.2income under the Internal Revenue Code of 1986;
15.3 (2) dues paid to organizations that are of a civic, professional, educational, or
15.4governmental nature; and
15.5 (3) reimbursement for actual expenses incurred by the employee which the
15.6governing body determines to be directly related to the performance of job responsibilities,
15.7including any relocation expenses paid during the initial year of employment.
15.8 The value of other forms of compensation shall be the annual cost to the political
15.9subdivision for the provision of the compensation.
15.10 (d) The salary of a medical doctor or doctor of osteopathy occupying a position that
15.11the governing body of the political subdivision has determined requires an M.D. or D.O.
15.12degree is excluded from the limitation in this subdivision.
15.13 (e) The commissioner may increase the limitation in this subdivision for a position
15.14that the commissioner has determined requires special expertise necessitating a higher
15.15salary to attract or retain a qualified person. The commissioner shall review each
15.16proposed increase giving due consideration to salary rates paid to other persons with
15.17similar responsibilities in the state and nation. The commissioner may not increase the
15.18limitation until the commissioner has presented the proposed increase to the Legislative
15.19Coordinating Commission and received the commission's recommendation on it. The
15.20recommendation is advisory only. If the commission does not give its recommendation
15.21on a proposed increase within 30 days from its receipt of the proposal, the commission
15.22is deemed to have made no recommendation. If the commissioner grants or granted an
15.23increase under this paragraph, the new limitation shall be adjusted beginning in August
15.242005 and in each subsequent calendar year in January by the percentage increase equal to
15.25the percentage increase, if any, in the Consumer Price Index for all-urban consumers from
15.26October of the second prior year to October of the immediately prior year.
15.27 Sec. 20. new text begin [43A.187] BLOOD DONATION LEAVE.new text end
15.28 new text begin A state employee must be granted leave from work with 100 percent of pay to donate new text end
15.29new text begin blood at a location away from the place of work. The total amount of leave used under this new text end
15.30new text begin paragraph may not exceed three hours in a 12-month period, and must be determined by new text end
15.31new text begin the employee. A state employee seeking leave from work under this section must provide new text end
15.32new text begin 14 days' notice to the appointing authority. This leave must not affect the employee's new text end
15.33new text begin vacation leave, pension, compensatory time, personal vacation days, sick leave, earned new text end
15.34new text begin overtime accumulation, or cause a loss of seniority. For the purposes of this section, "state new text end
15.35new text begin employee" does not include an employee of the Minnesota State Colleges and Universities.new text end
16.1 Sec. 21. Minnesota Statutes 2006, section 119A.03, subdivision 1, is amended to read:
16.2 Subdivision 1. General. The department is under the administrative control of
16.3the commissioner. The commissioner is appointed by the governor with the advice and
16.4consent of the senate. The commissioner must possess broad knowledge and experience
16.5in strengthening children and families. The commissioner has the general powers as
16.6provided in section
15.06, subdivision 6.
16.7 The commissioner's salary must be established according to the procedure in section
16.815A.0815
, in the same range as that specified for the commissioner of finance.
16.9 Sec. 22. Minnesota Statutes 2006, section 124D.385, subdivision 4, is amended to read:
16.10 Subd. 4. Delegation to nonprofit. The commission may create a private nonprofit
16.11corporation that is exempt from taxation under section 501(c)(3) of the federal Internal
16.12Revenue Code of 1986. If the commission creates a private nonprofit corporation, the
16.13commission must serve as the corporation's board of directors. The private nonprofit
16.14corporation is not subject to laws governing state agencies or political subdivisions,
16.15except the provisions of chapter 13, the Open Meeting Law under chapter 13D, salary
16.16limits under section 15A.0815, subdivision 2, and audits by the legislative auditor under
16.17chapter 3 apply. Further provided that the board of directors and the executive director
16.18of the nonprofit corporation are each considered an "official" for purposes of section
16.1910A.071
. The commission may delegate any or all of its powers and duties under federal
16.20law or under sections
124D.37 to
124D.45 to the corporation if the nonprofit corporation
16.21is approved under federal law to administer the National and Community Service Trust
16.22Act. The commission may revoke a delegation of powers and duties at any time, and must
16.23revoke the delegation if the corporation is no longer approved under federal law as the
16.24administrator in the state of Minnesota for the National and Community Service Trust Act.
16.25 Sec. 23. new text begin [181.9458] AUTHORIZATION FOR BLOOD DONATION LEAVE.new text end
16.26 new text begin An employer may grant paid leave from work to an employee to allow the employee new text end
16.27new text begin to donate blood.new text end
16.28 Sec. 24. Minnesota Statutes 2007 Supplement, section 216C.052, subdivision 2,
16.29is amended to read:
16.30 Subd. 2. Administrative issues. (a) The commissioner may select the administrator.
16.31The administrator must have at least five years of experience working as a power systems
16.32engineer or transmission planner, or in a position dealing with power system reliability
16.33issues, and may not have been a party or a participant in a commission energy proceeding
17.1for at least one year prior to selection by the commissioner. The commissioner shall
17.2oversee and direct the work of the administrator, annually review the expenses of the
17.3administrator, and annually approve the budget of the administrator. The administrator
17.4may hire staff and may contract for technical expertise in performing duties when existing
17.5state resources are required for other state responsibilities or when special expertise is
17.6required. The salary of the administrator is governed by section 15A.0815, subdivision 2.
17.7 (b) Costs relating to a specific proceeding, analysis, or project are not general
17.8administrative costs. For purposes of this section, "energy utility" means public utilities,
17.9generation and transmission cooperative electric associations, and municipal power
17.10agencies providing natural gas or electric service in the state.
17.11 (c) The Department of Commerce shall pay:
17.12 (1) the general administrative costs of the administrator, not to exceed $1,000,000
17.13in a fiscal year, and shall assess energy utilities for those administrative costs. These
17.14costs must be consistent with the budget approved by the commissioner under paragraph
17.15(a). The department shall apportion the costs among all energy utilities in proportion to
17.16their respective gross operating revenues from sales of gas or electric service within
17.17the state during the last calendar year, and shall then render a bill to each utility on a
17.18regular basis; and
17.19 (2) costs relating to a specific proceeding analysis or project and shall render a bill to
17.20the specific energy utility or utilities participating in the proceeding, analysis, or project
17.21directly, either at the conclusion of a particular proceeding, analysis, or project, or from
17.22time to time during the course of the proceeding, analysis, or project.
17.23 (d) For purposes of administrative efficiency, the department shall assess energy
17.24utilities and issue bills in accordance with the billing and assessment procedures provided
17.25in section
216B.62, to the extent that these procedures do not conflict with this subdivision.
17.26The amount of the bills rendered by the department under paragraph (c) must be paid by
17.27the energy utility into an account in the special revenue fund in the state treasury within
17.2830 days from the date of billing and is appropriated to the department for the purposes
17.29provided in this section. The commission shall approve or approve as modified a rate
17.30schedule providing for the automatic adjustment of charges to recover amounts paid by
17.31utilities under this section. All amounts assessed under this section are in addition to
17.32amounts appropriated to the commission and the department by other law.
17.33 Sec. 25. Minnesota Statutes 2006, section 309.53, subdivision 3, is amended to read:
17.34 Subd. 3. Financial statement requirements. The financial statement shall include
17.35a balance sheet, statement of income and expense, and statement of functional expenses,
18.1shall be consistent with forms furnished by the attorney general, and shall be prepared in
18.2accordance with generally accepted accounting principles so as to make a full disclosure
18.3of the following, including necessary allocations between each item and the basis of
18.4such allocations:
18.5 (a) total receipts and total income from all sources;
18.6 (b) cost of management and general;
18.7 (c) program services;
18.8 (d) cost of fund-raising;
18.9 (e) cost of public education;
18.10 (f) funds or properties transferred out of state, with explanation as to recipient and
18.11purpose;
18.12 (g) total net amount disbursed or dedicated within this state, broken down into total
18.13amounts disbursed or dedicated for each major purpose, charitable or otherwise;
18.14 (h) names of professional fund-raisers used during the accounting year and the
18.15financial compensation and profit resulting to each professional fund-raiser; and
18.16 (i) a list of the five highest paid directors, officers, and employees of the organization
18.17and its related organizations, as that term is defined by section
317A.011, subdivision 18,
18.18that receive total compensation of more than $50,000, together with the total compensation
18.19paid to each. Total compensation shall include salaries, fees, bonuses, fringe benefits,
18.20severance payments, and deferred compensation paid by the charitable organization and
18.21all related organizations as that term is defined by section
317A.011, subdivision 18.
18.22 Unless otherwise required by this subdivision, the financial statement need not be
18.23certified.
18.24 A financial statement of a charitable organization which has received total revenue
18.25in excess of $350,000 for the 12 months of operation covered by the statement shall be
18.26accompanied by an audited financial statement prepared in accordance with generally
18.27accepted accounting principles that has been examined by an independent certified public
18.28accountant for the purpose of expressing an opinion. In preparing the audit the certified
18.29public accountant shall take into consideration capital, endowment or other reserve funds,
18.30if any, controlled by the charitable organization.new text begin For purposes of calculating the $350,000 new text end
18.31new text begin total revenue threshold provided by this subdivision, the value of donated food to a new text end
18.32new text begin nonprofit food shelf may not be included if the food is donated for subsequent distribution new text end
18.33new text begin at no charge, and not for resale.new text end
18.34new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment new text end
18.35new text begin and applies to any financial statement that is required to be filed under this section after new text end
18.36new text begin May 14, 2008.new text end
19.1 Sec. 26. Minnesota Statutes 2006, section 349A.02, subdivision 1, is amended to read:
19.2 Subdivision 1. Director. A State Lottery is established under the supervision and
19.3control of a director. The director of the State Lottery shall be appointed by the governor
19.4with the advice and consent of the senate. The director serves in the unclassified service at
19.5the pleasure of the governor. The annual salary rate authorized for the director is equal to
19.695 percent of the salary rate prescribed for the governor.
19.7 Sec. 27. Minnesota Statutes 2006, section 480B.01, subdivision 1, is amended to read:
19.8 Subdivision 1. Judicial vacancies. If a judge of the new text begin Supreme Court; Court of new text end
19.9new text begin Appeals; new text end district courtnew text begin ;new text end or Workers' Compensation Court of Appeals dies, resigns,
19.10retires, or is removed during the judge's term of office, or if a new district or Workers'
19.11Compensation Court of Appeals judgeship is created, the resulting vacancy must be filled
19.12by the governor as provided in this section.
19.13 Sec. 28. Minnesota Statutes 2006, section 480B.01, subdivision 6, is amended to read:
19.14 Subd. 6. Temporary ineligibility for vacancy. Members of the commission who
19.15would otherwise be eligible to hold judicial office may not be considered or appointed to
19.16fill a district court judicial vacancy while they are members of the commission or for one
19.17year following the end of their membership on the commission.
19.18 Sec. 29. Minnesota Statutes 2006, section 480B.01, subdivision 10, is amended to read:
19.19 Subd. 10. Notice to the public. Upon receiving notice from the governor that a
19.20judicial vacancy has occurred or will occur on a specified date, the chair shall provide
19.21notice of the following information:
19.22 (1) the office that is or will be vacant;
19.23 (2) that applications from qualified persons or on behalf of qualified persons are
19.24being accepted by the commission;
19.25 (3) that application forms may be obtained from the governor or the commission
19.26at a named address; and
19.27 (4) that application forms must be returned to the commission by a named date.
19.28 For a district court vacancy, the notice must be made available to attorney
19.29associations in the judicial district where the vacancy has occurred or will occur and to at
19.30least one newspaper of general circulation in each county in the district. For a Workers'
19.31Compensation Court of Appeals vacancynew text begin on the Supreme Court, Court of Appeals, or new text end
19.32new text begin Workers' Compensation Court of Appealsnew text end , the notice must be given to state attorney
19.33associations and all forms of the public media.
20.1 Sec. 30. Laws 2005, First Special Session chapter 1, article 4, section 121, subdivision
20.24, as amended by Laws 2007, chapter 29, section 1, subdivision 4, is amended to read:
20.3 Subd. 4. Duties. The commission shall have the following duties:
20.4 (1) to present to the governor and legislature a plan for grants to pay for capital
20.5improvements on Minnesota's historic public and private buildings, to be known as
20.6sesquicentennial grants;
20.7 (2) to seek funding for activities to celebrate the 150th anniversary of statehood, and
20.8to form partnerships with private parties to further this mission;
20.9 (3) to present an annual report to the governor and legislature outlining progress
20.10made towards the celebration of the sesquicentennial; and
20.11 (4) to encourage all activities celebrating the sesquicentennial to be as energy
20.12efficient as practicablenew text begin ; andnew text end
20.13 new text begin (5) to use the results of the Sesquicentennial Plan for Our Future project to help new text end
20.14new text begin provide feedback on the selection and use of Minnesota Milestones goals and indicatorsnew text end .
20.15new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
20.16 Sec. 31. new text begin WORKING GROUP FOR MINNESOTA MILESTONES PROCESS new text end
20.17new text begin AND INDICATORS.new text end
20.18 new text begin By June 1, 2008, the commissioner of finance shall convene a working group of new text end
20.19new text begin state agency staff, legislative staff, and other interested parties to assist in the preparation new text end
20.20new text begin of recommendations for the Minnesota Milestones report required under Minnesota new text end
20.21new text begin Statutes, section 16A.10, subdivision 1c. The working group shall consider collaborative new text end
20.22new text begin opportunities with community organizations and higher education institutions. The new text end
20.23new text begin working group expires 30 days after the commissioner has submitted recommendations new text end
20.24new text begin required under Minnesota Statutes, section 16A.10, subdivision 1c.new text end
20.25new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
20.26 Sec. 32. new text begin WORKERS MEMORIAL; APPROPRIATION.new text end
20.27 new text begin $65,000 is appropriated from the general fund to the commissioner of administration new text end
20.28new text begin to design and construct a workers memorial on the Capitol grounds in St. Paul. This new text end
20.29new text begin appropriation is added to the appropriation in Laws 2006, chapter 258, section 12, new text end
20.30new text begin subdivision 4.new text end
20.31new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
20.32 Sec. 33. new text begin HUBERT H. HUMPHREY MEMORIAL; APPROPRIATION.new text end
21.1 new text begin $60,000 is appropriated from the general fund to the Capitol Area Architectural new text end
21.2new text begin and Planning Board to design and construct a memorial to Hubert H. Humphrey in the new text end
21.3new text begin Capitol area. This appropriation is added to the appropriations for the same purpose in new text end
21.4new text begin Laws 1993, chapter 192, section 16; and Laws 1999, chapter 250, article 1, section 13, new text end
21.5new text begin and is available until expended.new text end
21.6new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
21.7 Sec. 34. new text begin REPEALER.new text end
21.8new text begin Minnesota Statutes 2006, sections 15A.0815, subdivisions 3 and 4; 16B.281, new text end
21.9new text begin subdivisions 2, 4, and 5; and 16B.285,new text end new text begin are repealed.new text end
21.10ARTICLE 2
21.11LAWFUL GAMBLING
21.12 Section 1. Minnesota Statutes 2006, section 240.24, subdivision 2, is amended to read:
21.13 Subd. 2. Exception. Notwithstanding subdivision 1, the commission by rule shall
21.14allow the use of: (1) topical external applications that do not contain anesthetics or
21.15steroids; (2) food additives; (3) Furosemide or other pulmonary hemostatic agents if the
21.16agents are administered under the visual supervision of the veterinarian or a designee of the
21.17veterinarian employed by the commission; and (4) nonsteroidal anti-inflammatory drugs,
21.18provided that the test sample does not contain more than five micrograms of the substance
21.19or metabolites thereof per milliliter of blood plasmanew text begin ; and (5) medications and their new text end
21.20new text begin metabolites, provided their use thereof does not exceed regulatory threshold concentrations new text end
21.21new text begin set by rule by the commissionnew text end . For purposes of this clause, "test sample" means any bodily
21.22substance including blood, urine, saliva, or other substance as directed by the commission,
21.23taken from a horse under the supervision of the commission veterinarian and in such
21.24manner as prescribed by the commission for the purpose of analysis.
21.25 Sec. 2. Minnesota Statutes 2006, section 609.75, subdivision 4, is amended to read:
21.26 Subd. 4. Gambling device. A gambling device is a contrivance new text begin the purpose of new text end
21.27which 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
21.28something of value, other than free plays, automatically from the machine or otherwise,
21.29the award of which is determined principally by chancenew text begin , whether or not the contrivance is new text end
21.30new text begin actually playednew text end . "Gambling device" also includes a video game of chance, as defined in
21.31subdivision 8.
21.32new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
22.1 Sec. 3. new text begin REPEALER.new text end
22.2new text begin Minnesota Statutes 2006, section 349.40,new text end new text begin is repealed.new text end
22.3new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
22.4ARTICLE 3
22.5ELECTIONS
22.6 Section 1. Minnesota Statutes 2006, section 10A.27, subdivision 1, is amended to read:
22.7 Subdivision 1. Contribution limits. (a) Except as provided in subdivision 2,
22.8a candidate must not permit the candidate's principal campaign committee to accept
22.9aggregate contributions made or delivered by any individual, political committee, or
22.10political fund in excess of the following:
22.11 (1) to candidates for governor and lieutenant governor running together, $2,000 in
22.12an election year for the office sought and $500 in other years;
22.13 (2) to a candidate for attorney general, $1,000 in an election year for the office
22.14sought and $200 in other years;
22.15 (3) to a candidate for the office of secretary of state or state auditor, $500 in an
22.16election year for the office sought and $100 in other years;
22.17 (4) to a candidate for state senator, $500 in an election year for the office sought and
22.18$100 in other years; and
22.19 (5) to a candidate for state representative, $500 in an election year for the office
22.20sought and $100 in the other yearnew text begin ; andnew text end
22.21 new text begin (6) to a candidate for judicial office, $1,000 in an election year for the office sought new text end
22.22new text begin and $200 in other yearsnew text end .
22.23 (b) The following deliveries are not subject to the bundling limitation in this
22.24subdivision:
22.25 (1) delivery of contributions collected by a member of the candidate's principal
22.26campaign committee, such as a block worker or a volunteer who hosts a fund-raising
22.27event, to the committee's treasurer; and
22.28 (2) a delivery made by an individual on behalf of the individual's spouse.
22.29 (c) A lobbyist, political committee, political party unit, or political fund must not
22.30make a contribution a candidate is prohibited from accepting.
22.31new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
23.1 Sec. 2. Minnesota Statutes 2006, section 203B.227, as added by Laws 2008, chapter
23.2190, section 9, is amended to read:
23.3203B.227 WRITE-IN ABSENTEE BALLOT.
23.4 An eligiblenew text begin Anew text end voter who will be outside the territorial limits of the United States
23.5during the 180 days prior to the state general electionnew text begin described in section 203B.16new text end may
23.6use a state write-in absentee ballot new text begin or the federal write-in absentee ballot new text end to vote in any
23.7federal, state, or local election. In a state or local election, a vote for a political party
23.8without specifying the name of a candidate must not be counted.
23.9new text begin EFFECTIVE DATE.new text end new text begin This section is effective for elections held after June 1, 2008.new text end
23.10 Sec. 3. Laws 2007, chapter 148, article 1, section 7, is amended to read:
23.11
Sec. 7. SECRETARY OF STATE
$
9,019,000
$
6,497,000
23.12
Appropriations by Fund
23.13
2008
2009
23.14
General
6,175,000
6,497,000
23.15
Special Revenue
2,844,000
23.16(a) $310,000 of this appropriation must be
23.17transferred to the Help America Vote Act
23.18account and is designated as a portion of the
23.19match required by section 253(b)(5) of the
23.20Help America Vote Act.
23.21(b) $2,844,000 the first year is appropriated
23.22from the Help America Vote Act account for
23.23the purposes and uses authorized by federal
23.24law. This appropriation is available until
23.25June 30, 2009.
23.26(c) Notwithstanding Laws 2005, chapter
23.27162, section 34, subdivision 7, any balance
23.28remaining in the Help America Vote Act
23.29account after previous appropriations and the
23.30appropriations in this section is appropriated
23.31to the secretary of state for the purposes of
23.32the account. This appropriation is available
23.33until June 30, 2011.
24.1new text begin (d) The amount necessary to meet federal new text end
24.2new text begin requirements for interest payments and the new text end
24.3new text begin additional match for the Help America Vote new text end
24.4new text begin Act account is transferred from the general new text end
24.5new text begin fund appropriation to the Help America Vote new text end
24.6new text begin Act account.new text end
24.7new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end