HF 3987

1st Committee Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/22/2009 12:39 p.m.

1.1A bill for an act 1.2relating to state government; modifying appropriations in Laws 2007, chapter 1.3148, article 1; establishing a budget reserve escrow account for Republican 1.4National Convention; changing salary and compensation plan for certain 1.5employees of the legislative auditor; waving a reinstatement fee for certain 1.6businesses or organizations of returning combat veterans; changing a provision in 1.7the gift ban; establishing a data match system; prohibiting the misidentification of 1.8a state agency on printed material; changing provisions for sale of surplus lands; 1.9establishing standards for state-funded outdoor lighting fixtures; designating 1.10certain veterans majority-owned businesses as targeted group businesses; 1.11requiring state agencies with technology projects over a certain amount to 1.12submit project start-up documentation; requiring state agencies to develop a 1.13strategic technology plan; allowing personal leave to care for significant other; 1.14establishing leaves for blood donation; reducing some managerial positions; 1.15allowing the Minneapolis Park and Recreation Board to retain proceeds in certain 1.16condemnation proceedings; providing payment for legislators' forum; requiring a 1.17study by the Legislative Coordinating Commission; extending temporary hours 1.18of sale for liquor; changing provisions for military affairs; eliminating a sunset 1.19provision; providing a study of the starbase program; changing provisions for 1.20executive branch compensation; appropriating money;amending Minnesota 1.21Statutes 2006, sections 3.855, subdivision 3; 3.971, subdivision 2; 10A.071, 1.22subdivision 3; 15A.081, subdivision 8; 15A.0815; 16A.133, subdivision 1; 1.2316B.281, subdivision 3; 16B.282; 16B.283; 16B.284; 16B.287, subdivision 1.242; 16C.16, subdivision 5; 16E.01, subdivision 3; 16E.03, subdivision 1; 1.2516E.04, subdivision 2; 43A.01, subdivision 3; 43A.17, subdivision 9; 119A.03, 1.26subdivision 1; 124D.385, subdivision 4; 190.19, subdivision 1; 192.501, by 1.27adding subdivisions; 197.585, subdivision 5; 349A.02, subdivision 1; Minnesota 1.28Statutes 2007 Supplement, sections 16B.328, by adding a subdivision; 190.19, 1.29subdivision 2; 216C.052, subdivision 2; Laws 2006, chapter 282, article 2, 1.30section 27, subdivision 4; Laws 2007, chapter 148, article 1, sections 7; 12, 1.31subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 5; 1.3213B; 16A; 43A; 192; repealing Minnesota Statutes 2006, sections 16B.281, 1.33subdivisions 2, 4, 5; 16B.285; 645.44, subdivision 19. 1.34BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.1ARTICLE 1 2.2GENERAL APPROPRIATIONS 2.3 Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end 2.4     new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown new text end 2.5 new text begin in parentheses, subtracted from the appropriations in Laws 2007, chapter 148, article 1, to new text end 2.6 new text begin the agencies and for the purposes specified in this act. The appropriations are from the new text end 2.7 new text begin general fund or another named fund and are available for the fiscal years indicated for new text end 2.8 new text begin each purpose. The figures "2008" and "2009" used in this act mean that the addition to new text end 2.9 new text begin or subtraction from the appropriation listed under them is available for the fiscal year new text end 2.10 new text begin ending June 30, 2008, or June 30, 2009, respectively. Supplemental appropriations and new text end 2.11 new text begin reductions to appropriations for the fiscal year ending June 30, 2008, are effective the new text end 2.12 new text begin day following final enactment. new text end 2.13 new text begin APPROPRIATIONS new text end 2.14 new text begin Available for the Year new text end 2.15 new text begin Ending June 30 new text end 2.16 new text begin 2008 new text end new text begin 2009 new text end 2.17 Sec. 2. new text begin LEGISLATURE new text end new text begin $ new text end new text begin $ new text end new text begin (1,662,000) new text end 2.18 new text begin Subdivision 1. new text end new text begin Senate new text end new text begin (710,000) new text end 2.19 new text begin The base budget for the senate shall new text end 2.20 new text begin be $22,724,000 in fiscal year 2010 and new text end 2.21 new text begin $22,724,000 in fiscal year 2011. new text end 2.22 new text begin Subd. 2. new text end new text begin House of Representatives new text end new text begin (952,000) new text end 2.23 new text begin The base budget for the house of new text end 2.24 new text begin representatives shall be $30,551,000 in fiscal new text end 2.25 new text begin year 2010 and $30,551,000 in fiscal year new text end 2.26 new text begin 2011. new text end 2.27 Sec. 3. new text begin GOVERNOR new text end new text begin $ new text end new text begin $ new text end new text begin (113,000) new text end 2.28 Sec. 4. new text begin STATE AUDITOR new text end new text begin $ new text end new text begin $ new text end new text begin (42,000) new text end 2.29 Sec. 5. new text begin ATTORNEY GENERAL new text end new text begin $ new text end new text begin $ new text end new text begin (749,000) new text end 2.30 Sec. 6. new text begin SECRETARY OF STATE new text end new text begin $ new text end new text begin $ new text end new text begin (195,000) new text end 3.1 new text begin The base budget for the secretary of state new text end 3.2 new text begin shall be $6,134,000 in fiscal year 2010 and new text end 3.3 new text begin $6,301,000 in fiscal year 2011. new text end 3.4 3.5 Sec. 7. new text begin OFFICE OF ENTERPRISE new text end new text begin TECHNOLOGY new text end new text begin $ new text end new text begin $ new text end new text begin (157,000) new text end 3.6 new text begin The base budget for the Office of Enterprise new text end 3.7 new text begin Technology shall be $6,202,000 in fiscal year new text end 3.8 new text begin 2010 and $6,202,000 in fiscal year 2011. new text end 3.9 Sec. 8. new text begin ADMINISTRATION new text end new text begin $ new text end new text begin $ new text end new text begin (1,039,000) new text end 3.10 new text begin (a) $885,000 of the reduction in this section new text end 3.11 new text begin is from the appropriation for Department of new text end 3.12 new text begin Public Safety relocation expenses. new text end 3.13 new text begin (b) The reduction in this section must not be new text end 3.14 new text begin applied to the Land Management Information new text end 3.15 new text begin Center or the Environmental Quality Board. new text end 3.16 new text begin (c) $2,000,000 of the balance in the facilities new text end 3.17 new text begin repair and replacement account in the special new text end 3.18 new text begin revenue fund is cancelled to the general new text end 3.19 new text begin fund. This amount is in addition to amounts new text end 3.20 new text begin transferred under Minnesota Statutes, section new text end 3.21 new text begin 16B.24, subdivision 5, paragraph (d). new text end 3.22 Sec. 9. new text begin FINANCE new text end new text begin $ new text end new text begin $ new text end new text begin (312,000) new text end 3.23 new text begin Subdivision 1. new text end new text begin State Financial Management new text end new text begin (178,000) new text end 3.24 3.25 new text begin Subd. 2. new text end new text begin Information and Management new text end new text begin Services new text end new text begin (134,000) new text end 3.26 new text begin After the Departments of Finance and new text end 3.27 new text begin Employee Relations merge as directed in new text end 3.28 new text begin Laws 2007, chapter 148, article 2, section 80, new text end 3.29 new text begin the commissioner of finance may reallocate new text end 3.30 new text begin fiscal year 2009 general fund appropriation new text end 3.31 new text begin reductions between programs within the new text end 3.32 new text begin merged agency. Any reallocation of funds new text end 3.33 new text begin shall be shown in the program appropriations new text end 4.1 new text begin base for fiscal years 2010 and 2011 according new text end 4.2 new text begin to Minnesota Statutes, section 16A.11, new text end 4.3 new text begin subdivision 3, paragraph (b). new text end 4.4 Sec. 10. new text begin EMPLOYEE RELATIONS new text end new text begin $ new text end new text begin $ new text end new text begin (109,000) new text end 4.5 new text begin The base budget for employee relations new text end 4.6 new text begin shall be $5,350,000 in fiscal year 2010 and new text end 4.7 new text begin $5,350,000 in fiscal year 2011 to reflect the new text end 4.8 new text begin reduction and a transfer to the Department of new text end 4.9 new text begin Health for the merger in Laws 2007, chapter new text end 4.10 new text begin 148, article 2, section 80. new text end 4.11 Sec. 11. new text begin REVENUE new text end new text begin $ new text end new text begin $ new text end new text begin 1,361,000 new text end 4.12 new text begin Subdivision 1. new text end new text begin Tax Compliance; Appropriation new text end 4.13 new text begin (a) The commissioner of revenue shall new text end 4.14 new text begin undertake expanded tax compliance and new text end 4.15 new text begin collection activities sufficient to collect new text end 4.16 new text begin $6,723,000 in revenue for the general fund new text end 4.17 new text begin for fiscal year 2009 in excess of the sum of: new text end 4.18 new text begin (1) the amount forecast to be collected by the new text end 4.19 new text begin commissioner of finance for that fiscal year new text end 4.20 new text begin in the February 2008 forecast; and new text end 4.21 new text begin (2) the appropriation under paragraph (c). new text end 4.22 new text begin (b) The commissioner shall periodically new text end 4.23 new text begin report to the chairs of committees of the new text end 4.24 new text begin house of representative and senate with new text end 4.25 new text begin jurisdiction over taxation or state government new text end 4.26 new text begin operations on the measures undertaken new text end 4.27 new text begin under this section. The commissioner new text end 4.28 new text begin may make recommendations to the 2009 new text end 4.29 new text begin legislature for changes in the law to new text end 4.30 new text begin improve compliance with the tax law, new text end 4.31 new text begin such as expanded information reporting or new text end 4.32 new text begin withholding requirements that would permit new text end 4.33 new text begin the commissioner to satisfy the requirements new text end 5.1 new text begin of this section in the most cost effective and new text end 5.2 new text begin reasonable manner possible. new text end 5.3 new text begin (c) $2,241,000 is appropriated from the new text end 5.4 new text begin general fund for fiscal year 2009 to the new text end 5.5 new text begin commissioner of revenue to finance the new text end 5.6 new text begin activities authorized by this section. new text end 5.7 new text begin (d) The commissioner must maximize the new text end 5.8 new text begin use of telecommuting by employees when new text end 5.9 new text begin implementing any tax compliance and new text end 5.10 new text begin collection activities. new text end 5.11 5.12 5.13 new text begin Subd. 2. new text end new text begin Appropriation to the Commissioner new text end new text begin of Revenue; Financial Institution Data Match new text end new text begin and Payment of Fees and Administrative Costs new text end 5.14 new text begin $250,000 is appropriated annually from the new text end 5.15 new text begin general fund to the commissioner of revenue new text end 5.16 new text begin to make payments to financial institutions new text end 5.17 new text begin in exchange for performing data matches new text end 5.18 new text begin between account information held by new text end 5.19 new text begin financial institutions and the commissioner's new text end 5.20 new text begin database of tax debtors as authorized new text end 5.21 new text begin by Minnesota Statutes, section 13B.07, new text end 5.22 new text begin subdivision 7. $110,000 is appropriated new text end 5.23 new text begin annually from the general fund to the new text end 5.24 new text begin commissioner of revenue for the costs of new text end 5.25 new text begin administering the data match system under new text end 5.26 new text begin Minnesota Statutes, section 13B.07. new text end 5.27 5.28 new text begin Subd. 3. new text end new text begin Appropriation to the Commissioner of new text end new text begin Finance; 2008 Budget Reserve Escrow Account new text end 5.29 new text begin $14,000,000 is appropriated from the budget new text end 5.30 new text begin reserve to the commissioner of finance and new text end 5.31 new text begin shall be placed in the budget reserve escrow new text end 5.32 new text begin account. The commissioner of finance may new text end 5.33 new text begin use this appropriation to support a guarantee new text end 5.34 new text begin by the state of Minnesota that private money new text end 5.35 new text begin will be raised to pay the Minneapolis-St. Paul new text end 5.36 new text begin Host Committee's share of expenses for the new text end 6.1 new text begin 2008 Republican National Convention in St. new text end 6.2 new text begin Paul. The terms of the state guarantee will be new text end 6.3 new text begin negotiated by the commissioner of finance. new text end 6.4 new text begin Any money advanced to the Host Committee new text end 6.5 new text begin under the state guarantee must be repaid by new text end 6.6 new text begin the Host Committee to the commissioner new text end 6.7 new text begin of finance no later than June 30, 2009, and new text end 6.8 new text begin deposited in the budget reserve fund. Any new text end 6.9 new text begin unspent portion of the appropriation cancels new text end 6.10 new text begin to the budget reserve on June 30, 2009. new text end 6.11    Sec. 12. Minnesota Statutes 2006, section 3.855, subdivision 3, is amended to read: 6.12    Subd. 3. Other salaries and compensation plans. The commission shall also: 6.13    (1) review and approve, reject, or modify a plan for compensation and terms and 6.14conditions of employment prepared and submitted by the commissioner of employee 6.15relations under section 43A.18, subdivision 2, covering all state employees who are not 6.16represented by an exclusive bargaining representative and whose compensation is not 6.17provided for by chapter 43A or other law; 6.18    (2) review and approve, reject, or modify a plan for total compensation and terms 6.19and conditions of employment for employees in positions identified as being managerial 6.20under section 43A.18, subdivision 3, whose salaries and benefits are not otherwise 6.21provided for in law or other plans established under chapter 43A; 6.22    (3) review and approve, reject, or modify recommendations for salaries submitted 6.23by the governor or other appointing authority under section 15A.0815, subdivision 5, 6.24covering agency head positions listed in section 15A.0815; 6.25    (4) review and approve, reject, or modify recommendations for salaries of officials 6.26of higher education systems under section 15A.081, subdivisions 7b and 7c; and 6.27    (5) review and approve, reject, or modify plans for compensation, terms, and 6.28conditions of employment proposed under section 43A.18, subdivisions 3a and 4 new text begin ; and new text end 6.29     new text begin (6) review and approve, reject, or modify the plan for compensation, terms, and new text end 6.30 new text begin conditions of employment of classified employees in the office of the legislative auditor new text end 6.31 new text begin under section 3.971, subdivision 2 new text end . 6.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2009. new text end 6.33    Sec. 13. Minnesota Statutes 2006, section 3.971, subdivision 2, is amended to read: 7.1    Subd. 2. Staff; compensation. The legislative auditor shall establish a Financial 7.2Audits Division and a Program Evaluation Division to fulfill the duties prescribed in this 7.3section. Each division may be supervised by a deputy auditor, appointed by the legislative 7.4auditor, with the approval of the commission, for a term coterminous with the legislative 7.5auditor's term. The deputy auditors may be removed before the expiration of their terms 7.6only for cause. The legislative auditor and deputy auditors may each appoint a confidential 7.7secretary to serve at pleasure. The salaries and benefits of the legislative auditor, 7.8deputy auditors and confidential secretaries shall be determined by the compensation 7.9plan approved by the Legislative Coordinating Commission. The deputy auditors may 7.10perform and exercise the powers, duties and responsibilities imposed by law on the 7.11legislative auditor when authorized by the legislative auditor. The deputy auditors and the 7.12confidential secretaries serve in the unclassified civil service, but all other employees of 7.13the legislative auditor are in the classified civil service. new text begin Compensation for employees of new text end 7.14 new text begin the legislative auditor in the classified service shall be governed by a plan prepared by new text end 7.15 new text begin the legislative auditor and approved by the Legislative Coordinating Commission and new text end 7.16 new text begin the legislature under section 3.855. new text end While in office, a person appointed deputy for the 7.17Financial Audit Division must hold an active license as a certified public accountant. 7.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2009. Classified new text end 7.19 new text begin employees of the legislative auditor retain compensation provided on December 31, 2008, new text end 7.20 new text begin until a new compensation plan is adopted under section 12. new text end 7.21    Sec. 14. new text begin [5.33] RETURNING COMBAT VETERANS. new text end 7.22     new text begin If any Minnesota business or nonprofit corporation, limited liability company, new text end 7.23 new text begin cooperative, limited partnership, or limited liability partnership has been administratively new text end 7.24 new text begin or statutorily dissolved, revoked, or terminated after December 31, 2006, for failure to file new text end 7.25 new text begin an annual or periodic report with the Office of the Secretary of State during a calendar new text end 7.26 new text begin year when an individual with substantial responsibility for the operation of the dissolved, new text end 7.27 new text begin revoked, or terminated business or nonprofit corporation, limited liability company, new text end 7.28 new text begin cooperative, limited partnership, or limited liability partnership was serving in active new text end 7.29 new text begin military service in the armed forces of the United States, including the reserves or National new text end 7.30 new text begin Guard, as defined in section 190.05, subdivision 5b or 5c, or was engaged in employment new text end 7.31 new text begin outside of the United States essential to the prosecution of a war or to the national defense, new text end 7.32 new text begin as designated by the United States Congress or the United States Department of Defense, new text end 7.33 new text begin the secretary of state shall waive any reinstatement fee otherwise required by law. new text end 7.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 8.1    Sec. 15. Minnesota Statutes 2006, section 10A.071, subdivision 3, is amended to read: 8.2    Subd. 3. Exceptions. (a) The prohibitions in this section do not apply if the gift is: 8.3    (1) a contribution as defined in section 10A.01, subdivision 11; 8.4    (2) services to assist an official in the performance of official duties, including 8.5but not limited to providing advice, consultation, information, and communication in 8.6connection with legislation, and services to constituents; 8.7    (3) services of insignificant monetary value; 8.8    (4) a plaque or similar memento recognizing individual services in a field of 8.9specialty or to a charitable cause; 8.10    (5) a trinket or memento costing $5 or less new text begin or resale value new text end ; 8.11    (6) informational material of unexceptional value; or 8.12    (7) food or a beverage given at a reception, meal, or meeting away from the 8.13recipient's place of work by an organization before whom the recipient appears to make a 8.14speech or answer questions as part of a program. 8.15    (b) The prohibitions in this section do not apply if the gift is given: 8.16    (1) because of the recipient's membership in a group, a majority of whose members 8.17are not officials, and an equivalent gift is given to the other members of the group; or 8.18    (2) by a lobbyist or principal who is a member of the family of the recipient, unless 8.19the gift is given on behalf of someone who is not a member of that family. 8.20    Sec. 16. new text begin [13B.07] TAX DEBTOR DATA MATCHES. new text end 8.21     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin The definitions in this subdivision apply to this section. new text end 8.22     new text begin (a) "Account" means demand deposit account, checking account, negotiable order of new text end 8.23 new text begin withdrawal account, savings account, time deposit account, money market mutual fund new text end 8.24 new text begin account, or certificate of deposit account, and any funds or property held by a financial new text end 8.25 new text begin institution, as defined in paragraph (e). new text end 8.26     new text begin (b) "Account information" means the type of account, the account number, whether new text end 8.27 new text begin the account is singly or jointly owned, and in the case of jointly owned accounts the name new text end 8.28 new text begin and address of the nondebtor account owner if available. new text end 8.29     new text begin (c) "Commissioner" means the commissioner of revenue. new text end 8.30     new text begin (d) "Debtor" means a person whose property is subject to a tax lien and a notice of new text end 8.31 new text begin lien has been filed by the commissioner as provided by section 270C.63, subdivision 2. new text end 8.32     new text begin (e) "Financial institution" means any of the following that do business in this state: new text end 8.33     new text begin (1) federal or state commercial banks and federal or state savings banks, including new text end 8.34 new text begin savings and loan associations and cooperative banks; new text end 8.35     new text begin (2) federal and state chartered credit unions; new text end 9.1     new text begin (3) benefit associations; new text end 9.2     new text begin (4) life insurance companies; new text end 9.3     new text begin (5) safe deposit companies; new text end 9.4     new text begin (6) money market mutual funds; or new text end 9.5     new text begin (7) a similar entity that holds property or maintains accounts reflecting property new text end 9.6 new text begin belonging to others. new text end 9.7     new text begin (f) "Person" means a person as defined in section 270C.01, subdivision 6. new text end 9.8     new text begin Subd. 2. new text end new text begin Data match system established. new text end new text begin The commissioner shall establish a new text end 9.9 new text begin process for the comparison of account information data held by financial institutions with new text end 9.10 new text begin the Department of Revenue's database of debtors. The commissioner shall inform the new text end 9.11 new text begin financial industry of the requirements of this section and the means by which financial new text end 9.12 new text begin institutions can comply. new text end 9.13     new text begin Subd. 3. new text end new text begin Duty to provide data. new text end new text begin Within 30 days of a request by the commissioner, new text end 9.14 new text begin a financial institution shall provide to the commissioner the name, address, and account new text end 9.15 new text begin information for each debtor who maintains an account at the financial institution. The new text end 9.16 new text begin commissioner may request from a financial institution the data concerning any debtor new text end 9.17 new text begin not more than four times a year. new text end 9.18     new text begin Subd. 4. new text end new text begin Method to provide data. new text end new text begin The commissioner must provide an electronic new text end 9.19 new text begin list of debtors to the financial institution that includes debtors' name, address, and if an new text end 9.20 new text begin individual, the last four digits of the Social Security number. The financial institution must new text end 9.21 new text begin compare that data to the data maintained at the financial institution to identify which of the new text end 9.22 new text begin listed debtors maintains an account at the financial institution. new text end 9.23     new text begin Subd. 5. new text end new text begin Means to provide data. new text end new text begin A financial institution must provide the required new text end 9.24 new text begin data in encrypted form by secure electronic means authorized by the commissioner. new text end 9.25     new text begin Subd. 6. new text end new text begin Access to data. new text end new text begin (a) With regard to data on debtors provided by the new text end 9.26 new text begin commissioner to a financial institution under subdivision 4, the financial institution shall new text end 9.27 new text begin retain the reported information only until the financial institution's database is compared new text end 9.28 new text begin against the commissioner's database. Data that does not pertain to an account holder at new text end 9.29 new text begin the financial institution must be immediately destroyed, and no retention or publication new text end 9.30 new text begin of that data shall be made by the financial institution. None of the data provided by the new text end 9.31 new text begin commissioner may be used for solicitation or other commercial purposes by the financial new text end 9.32 new text begin institutions or other commercial entities. new text end 9.33     new text begin (b) All account information provided by a financial institution that pertains to a new text end 9.34 new text begin debtor listed in the commissioner's database must be incorporated into the commissioner's new text end 9.35 new text begin database. Access to that data is governed by chapters 13 and 270B. Notwithstanding new text end 9.36 new text begin section 16D.06, data collected pursuant to this section is available for the collection of new text end 10.1 new text begin delinquent taxes only and is not available for other debt collection activities undertaken by new text end 10.2 new text begin the state. new text end 10.3     new text begin Subd. 7. new text end new text begin Fees. new text end new text begin A financial institution may charge and collect a fee from the new text end 10.4 new text begin commissioner for providing account information to the commissioner. The commissioner new text end 10.5 new text begin may pay a financial institution up to $150 each quarter. The commissioner shall develop new text end 10.6 new text begin procedures for the financial institutions to charge and collect the fee. Payment of the fee new text end 10.7 new text begin is limited by the amount of the appropriation for this purpose. If the appropriation is new text end 10.8 new text begin insufficient, or if fund availability in the fourth quarter would allow payments for actual new text end 10.9 new text begin costs in excess of $150, the commissioner shall prorate the available funds among the new text end 10.10 new text begin financial institutions that have submitted a claim for the fee. No financial institution shall new text end 10.11 new text begin charge or collect a fee that exceeds its actual costs of complying with this section. new text end 10.12     new text begin Subd. 8. new text end new text begin Failure to respond to request for information. new text end new text begin The commissioner shall new text end 10.13 new text begin send a written notice of noncompliance to a financial institution that fails to respond to a new text end 10.14 new text begin first written request for information under this section. The notice must be sent by certified new text end 10.15 new text begin mail and must explain the requirements of this section and advise the financial institution new text end 10.16 new text begin of the penalty for noncompliance. A financial institution that receives a second notice of new text end 10.17 new text begin noncompliance is subject to a civil penalty of $1,000 for its failure to comply. A financial new text end 10.18 new text begin institution that continues to fail to comply with this section is subject to a civil penalty of new text end 10.19 new text begin $5,000 for the third and each subsequent failure to comply. These penalties are imposed new text end 10.20 new text begin and collected under section 270C.33, subdivision 4, paragraph (a), clause (5). new text end 10.21     new text begin Subd. 9. new text end new text begin Confidentiality. new text end new text begin A financial institution furnishing a report to the new text end 10.22 new text begin commissioner under this section is prohibited from disclosing to a debtor that the name of new text end 10.23 new text begin the debtor has been received from or furnished to the commissioner. new text end 10.24     new text begin Subd. 10. new text end new text begin Immunity. new text end new text begin A financial institution that provides or reasonably attempts to new text end 10.25 new text begin provide information to the commissioner in compliance with this section is not liable to new text end 10.26 new text begin any person for disclosing the information or for taking any other action in good faith as new text end 10.27 new text begin authorized by this section. new text end 10.28     new text begin Subd. 11. new text end new text begin Civil action for unauthorized disclosure by financial institution. new text end new text begin (a) new text end 10.29 new text begin An account holder may bring a civil action in district court against a financial institution new text end 10.30 new text begin for unauthorized disclosure of data received from the commissioner under subdivision 4. new text end 10.31 new text begin A financial institution found to have violated this subdivision shall be liable as provided in new text end 10.32 new text begin paragraph (b) or (c). new text end 10.33     new text begin (b) Any financial institution that willfully and maliciously discloses data received new text end 10.34 new text begin from the commissioner under subdivision 4 is liable to that account holder in an amount new text end 10.35 new text begin equal to the sum of: new text end 11.1     new text begin (1) any actual damages sustained by the account holder as a result of the disclosure; new text end 11.2 new text begin and new text end 11.3     new text begin (2) in the case of any successful action to enforce any liability under this subdivision, new text end 11.4 new text begin the costs of the action taken plus reasonable attorney fees as determined by the court. new text end 11.5     new text begin (c) Any financial institution that negligently discloses data received from the new text end 11.6 new text begin commissioner under subdivision 4 is liable to that account holder in an amount equal to new text end 11.7 new text begin any actual damages sustained by the account holder as a result of the disclosure. new text end 11.8     new text begin (d) A financial institution shall not be held liable in any action brought under this new text end 11.9 new text begin subdivision if the financial institution shows, by a preponderance of evidence, that the new text end 11.10 new text begin disclosure was not intentional and resulted from a bona fide error notwithstanding the new text end 11.11 new text begin maintenance of procedures reasonably adopted to avoid any error. new text end 11.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 11.13    Sec. 17. Minnesota Statutes 2006, section 16A.133, subdivision 1, is amended to read: 11.14    Subdivision 1. Payroll direct deposit and deductions. An agency head in the 11.15executive, judicial, and legislative branch shall, upon written request signed by an 11.16employee, directly deposit all or part of an employee's pay to those credit unions or 11.17financial institutions, as defined in section 47.015, designated by the employee. 11.18    An agency head new text begin in any branch new text end may, upon written request of an employee, deduct 11.19from the pay of the employee a requested amount to be paid to the Minnesota Benefit 11.20Association, or to any organization contemplated by section 179A.06, of which the 11.21employee is a member new text begin , or to a political action committee covered under a collective new text end 11.22 new text begin bargaining agreement new text end . If an employee has more than one account with the Minnesota 11.23Benefit Association or more than one organization under section 179A.06, only the 11.24Minnesota Benefit Association and new text begin , new text end one organization, as defined under section 179A.06, new text begin new text end 11.25 new text begin and one political action committee new text end may be paid money by payroll deduction from the 11.26employee's pay. 11.27    Sec. 18. new text begin [16A.1395] USE OF STATE FUNDS TO MISIDENTIFY AN AGENCY new text end 11.28 new text begin PROHIBITED. new text end 11.29     new text begin A state appropriation may not be used to identify an executive branch state agency by new text end 11.30 new text begin a name other than the name assigned to it by law. It is a misuse of state funds for the head new text end 11.31 new text begin of an executive branch state agency to use state funds to print agency stationery or other new text end 11.32 new text begin official materials that identify the agency with a name other than the name assigned by law. new text end 11.33    Sec. 19. Minnesota Statutes 2006, section 16B.281, subdivision 3, is amended to read: 12.1    Subd. 3. Notice to agencies; determination of surplus. On or before October 1 of 12.2each year, the commissioner shall review the certifications of heads of each department or 12.3agency provided for in this section. The commissioner new text begin of administration new text end shall send written 12.4notice to all state departments, agencies, and the University of Minnesota describing any 12.5lands or tracts that may be declared surplus. If a department or agency or the University of 12.6Minnesota desires custody of the lands or tracts, it shall submit a written request to the 12.7commissioner, no later than four calendar weeks after mailing of the notice, setting forth 12.8in detail its reasons for desiring to acquire and its intended use of the land or tract. The 12.9commissioner shall then determine whether any of the lands described in the certifications 12.10of the heads of the departments or agencies should be declared surplus and offered for 12.11sale or otherwise disposed of by transferring custodial control to other requesting state 12.12departments or agencies or to the Board of Regents of the University of Minnesota for 12.13educational purposes, provided however that transfer to the Board of Regents shall not be 12.14determinative of tax exemption or immunity. If the commissioner determines that any of 12.15the lands are no longer needed for state purposes, the commissioner shall make findings of 12.16fact, describe the lands, declare the lands to be surplus state land, new text begin and new text end state the reasons for 12.17the sale or disposition of the lands, and notify the Executive Council of the determination. 12.18    Sec. 20. Minnesota Statutes 2006, section 16B.282, is amended to read: 12.1916B.282 SURVEYS, APPRAISALS, AND SALE. 12.20    Subdivision 1. Appraisal; notice and offer to public bodies. (a) Before offering 12.21any surplus state-owned lands for sale, the commissioner new text begin of administration new text end may survey the 12.22lands and, if the value of the lands is estimated to be $40,000 new text begin $50,000 new text end or less, may have 12.23the lands appraised. The commissioner shall have the lands appraised if the estimated 12.24value is in excess of $40,000 new text begin $50,000 new text end . 12.25    (b) The appraiser shall, before entering upon the duties of the office, take and 12.26subscribe an oath that the appraiser will faithfully and impartially discharge the duties 12.27of appraiser according to the best of the appraiser's ability and that the appraiser is not 12.28interested, directly or indirectly, in any of the lands to be appraised or the timber or 12.29improvements on the lands or in the purchase of the lands, timber, or improvements 12.30and has entered into no agreement or combination to purchase any of the lands, timber, 12.31or improvements. The oath shall be attached to the appraisal report. new text begin Appraisals must new text end 12.32 new text begin be made by an appraiser that holds a state appraiser license issued by the Department new text end 12.33 new text begin of Commerce. The appraisal must be in conformity with the Uniform Standards of new text end 12.34 new text begin Professional Appraisal Practice of the Appraisal Foundation. new text end 13.1    (c) Before offering surplus state-owned lands for public sale, the lands shall first be 13.2offered to the city, county, town, school district, or other public body corporate or politic 13.3in which the lands are situated for public purposes and the lands may be sold for public 13.4purposes for not less than the appraised value of the lands. To determine whether a public 13.5body desires to purchase the surplus land, the commissioner shall give a written notice to 13.6the governing body of each political subdivision whose jurisdictional boundaries include 13.7or are adjacent to the surplus land. If a public body desires to purchase the surplus land, 13.8it shall submit a written offer to the commissioner no later than two weeks after receipt 13.9of notice setting forth in detail its reasons for desiring to acquire and its intended use of 13.10the land. In the event that more than one public body tenders an offer, the commissioner 13.11shall determine which party shall receive the property and shall submit written findings 13.12regarding the decision. If lands are offered for sale for public purposes and if a public 13.13body notifies the commissioner of its desire to acquire the lands, the public body may have 13.14up to two years from the date of the accepted offer to commence payment for the lands 13.15in the manner provided by law. 13.16    Subd. 2. Public sale requirements. (a) Lands certified as surplus by the head of 13.17a department or agency under section shall be offered for public sale by the 13.18commissioner as provided in this subdivision. After complying with subdivision 1 and 13.19before any public sale of surplus state-owned land is made new text begin and at least 30 days before the new text end 13.20 new text begin sale new text end , the commissioner new text begin of administration new text end shall publish a notice of the sale at least once each 13.21week for four successive weeks in a legal newspaper and also in a newspaper of general 13.22distribution in the city or county in which the real property to be sold is situated. The notice 13.23shall specify the time and place at which the sale will commence, a general description of 13.24the lots or tracts to be offered, and a general statement of the terms of sale. Each tract or 13.25lot shall be sold separately and shall be sold for no less than its appraised value. 13.26     new text begin (b) Surplus state-owned land shall be sold for no less than the estimated or appraised new text end 13.27 new text begin value. The minimum bid may include expenses incurred by the commissioner in rendering new text end 13.28 new text begin the property saleable, including survey, appraisal, legal, advertising, and other expenses. new text end 13.29    (b) new text begin (c) new text end Parcels remaining unsold after the offering may be sold to anyone agreeing 13.30to pay the appraised value. The sale shall continue until all parcels are sold or until the 13.31commissioner orders a reappraisal or withdraws the remaining parcels from sale. 13.32    (c) Except as provided in section , the cost of any survey or appraisal as 13.33provided in subdivision 1 shall be added to and made a part of the appraised value of the 13.34lands to be sold, whether to any political subdivision of the state or to a private purchaser 13.35as provided in this subdivision. 14.1    Sec. 21. Minnesota Statutes 2006, section 16B.283, is amended to read: 14.216B.283 TERMS OF PAYMENT. 14.3    No less than ten percent of the purchase price shall be paid at the time of sale with 14.4the balance payable according to this section. If the purchase price of any lot or parcel is 14.5$5,000 or less, the balance shall be paid within 90 days of the date of sale. If the purchase 14.6price of any lot or parcel is in excess of $5,000, the balance shall be paid in equal annual 14.7installments for no more than five years, at the option of the purchaser, with principal 14.8and interest payable annually in advance at a rate equal to the rate in effect at the time 14.9under section on the unpaid balance, payable to the state treasury on or before 14.10June 1 each year. Any installment of principal or interest may be prepaid. new text begin The purchaser new text end 14.11 new text begin must pay at the time of sale ten percent of the total amount bid and the remainder of the new text end 14.12 new text begin payment is due within 90 days of the sale date. A person who fails to make final payment new text end 14.13 new text begin within 90 days of the sale date is in default. On default, all right, title, and interest of new text end 14.14 new text begin the purchaser or heirs, representatives, or assigns of the purchaser in the premises shall new text end 14.15 new text begin terminate without the state doing any act or thing. A record of the default must be made in new text end 14.16 new text begin the state land records of the commissioner. new text end 14.17    Sec. 22. Minnesota Statutes 2006, section 16B.284, is amended to read: 14.1816B.284 CONTRACT FOR DEED AND QUITCLAIM DEED. 14.19    In the event a purchaser elects to purchase surplus real property on an installment 14.20basis, the commissioner shall enter into a contract for deed with the purchaser, in which 14.21shall be set forth the description of the real property sold and the price of the property, 14.22the consideration paid and to be paid for the property, the rate of interest, and time and 14.23terms of payment. The contract for deed shall be made assignable and shall further set 14.24forth that in case of the nonpayment of the annual principal or interest payment due by the 14.25purchaser, or any person claiming under the purchaser, then the contract for deed, from the 14.26time of the failure, is entirely void and of no effect and the state may be repossessed of the 14.27lot or tract and may resell the lot or tract as provided in sections to . In 14.28the event the terms and conditions of a contract for deed are completely fulfilled or if a 14.29purchaser makes a lump-sum payment for the subject property in lieu of entering into a 14.30contract for deed, The commissioner new text begin of administration new text end shall sign and cause to be issued a 14.31quitclaim deed on behalf of the state. The quitclaim deed shall be in a form prescribed by 14.32the attorney general and shall vest in the purchaser all of the state's interest in the subject 14.33property except as provided in section . 14.34    Sec. 23. Minnesota Statutes 2006, section 16B.287, subdivision 2, is amended to read: 15.1    Subd. 2. Payment of expenses. A portion of the proceeds from the sale equal in 15.2amount to the survey, appraisal, legal, advertising, and other expenses incurred by the 15.3commissioner new text begin of administration new text end or other state official in rendering the property salable shall 15.4be remitted to the account from which the expenses were paid and are appropriated and 15.5immediately available for expenditure in the same manner as other money in the account. 15.6    Sec. 24. Minnesota Statutes 2007 Supplement, section 16B.328, is amended by adding 15.7a subdivision to read: 15.8     new text begin Subd. 3. new text end new text begin Standards for state funded outdoor lighting fixtures. new text end new text begin (a) An outdoor new text end 15.9 new text begin lighting fixture may be installed or replaced using state funds only if: new text end 15.10     new text begin (1) the new or replacement outdoor lighting fixture is a cutoff luminaire if the rated new text end 15.11 new text begin output of the outdoor lighting fixture is greater than 1,800 lumens; new text end 15.12     new text begin (2) the minimum illuminance adequate for the intended purpose is used with new text end 15.13 new text begin consideration given to nationally recognized standards; new text end 15.14     new text begin (3) for lighting of a designated highway of the state highway system, the Department new text end 15.15 new text begin of Transportation determines that the purpose of the outdoor lighting fixture cannot be new text end 15.16 new text begin achieved by the installation of reflective road markers, lines, warning or informational new text end 15.17 new text begin signs, or other effective passive methods; and new text end 15.18     new text begin (4) full consideration has been given to energy conservation and savings, reducing new text end 15.19 new text begin glare, minimizing light pollution, and preserving the natural night environment. new text end 15.20     new text begin (b) Paragraph (a) does not apply if: new text end 15.21     new text begin (1) a federal law, rule, or regulation preempts state law; new text end 15.22     new text begin (2) the outdoor lighting fixture is used on a temporary basis because emergency new text end 15.23 new text begin personnel require additional illumination for emergency procedures; new text end 15.24     new text begin (3) the outdoor lighting fixture is used on a temporary basis for nighttime work; new text end 15.25     new text begin (4) special events or situations require additional illumination, provided that the new text end 15.26 new text begin illumination installed shields the outdoor lighting fixtures from direct view and minimizes new text end 15.27 new text begin upward lighting and light pollution; new text end 15.28     new text begin (5) the outdoor lighting fixture is used solely to highlight the aesthetic aspects of new text end 15.29 new text begin a single object or distinctive building; or new text end 15.30     new text begin (6) a compelling safety interest exists that cannot be addressed by another method. new text end 15.31     new text begin (c) This subdivision does not apply to the operation and maintenance of lights or new text end 15.32 new text begin lighting systems purchased or installed, or for which design work is completed, before new text end 15.33 new text begin August 1, 2008. new text end 15.34     new text begin (d) This section does not apply if a state agency or local unit of government new text end 15.35 new text begin determines that compliance with this section would: new text end 16.1     new text begin (1) require an increased use of electricity; new text end 16.2     new text begin (2) increase the construction cost of a lighting system more than 15 percent over the new text end 16.3 new text begin construction cost of a lighting system that does not comply with this section; new text end 16.4     new text begin (3) increase the cost of operation and maintenance of the lighting system more than new text end 16.5 new text begin ten percent over the cost of operating and maintaining the existing lighting system over new text end 16.6 new text begin the life of the lighting system; or new text end 16.7     new text begin (4) result in a negative safety impact. new text end 16.8    Sec. 25. Minnesota Statutes 2006, section 16C.16, subdivision 5, is amended to read: 16.9    Subd. 5. Designation of targeted groups. (a) The commissioner of administration 16.10shall periodically designate businesses that are majority owned and operated by women, 16.11persons with a substantial physical disability, or specific minorities as targeted group 16.12businesses within purchasing categories as determined by the commissioner. A group 16.13may be targeted within a purchasing category if the commissioner determines there is a 16.14statistical disparity between the percentage of purchasing from businesses owned by 16.15group members and the representation of businesses owned by group members among all 16.16businesses in the state in the purchasing category. 16.17    (b) In addition to designations under paragraph (a), an individual business may be 16.18included as a targeted group business if the commissioner determines that inclusion is 16.19necessary to remedy discrimination against the owner based on race, gender, or disability 16.20in attempting to operate a business that would provide goods or services to public agencies. 16.21     new text begin (c) In addition to the designations under paragraphs (a) and (b), the commissioner of new text end 16.22 new text begin administration shall designate businesses that are majority owned and operated by veterans new text end 16.23 new text begin who have served in federal active service as defined in section 190.05, subdivision 5c, in new text end 16.24 new text begin support of Operation Enduring Freedom or Operation Iraqi Freedom as targeted group new text end 16.25 new text begin businesses within purchasing categories as determined by the commissioner. "Veteran" new text end 16.26 new text begin has the meaning given in section 197.447, and also includes both currently serving and new text end 16.27 new text begin honorably discharged members of the national guard and other military reserves. new text end 16.28    (c) new text begin (d) new text end The designations of purchasing categories and businesses under paragraphs 16.29(a) and new text begin , new text end (b) new text begin , and (c) new text end are not rules for purposes of chapter 14, and are not subject to 16.30rulemaking procedures of that chapter. 16.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008, and applies to new text end 16.32 new text begin procurement contract bid solicitations issued on and after that date. new text end 16.33    Sec. 26. Minnesota Statutes 2006, section 16E.01, subdivision 3, is amended to read: 16.34    Subd. 3. Duties. (a) The office shall: 17.1    (1) manage the efficient and effective use of available federal, state, local, and 17.2public-private resources to develop statewide information and telecommunications 17.3technology systems and services and its infrastructure; 17.4    (2) approve state agency and intergovernmental information and telecommunications 17.5technology systems and services development efforts involving state or intergovernmental 17.6funding, including federal funding, provide information to the legislature regarding 17.7projects reviewed, and recommend projects for inclusion in the governor's budget under 17.8section 16A.11; 17.9    (3) ensure cooperation and collaboration among state and local governments in 17.10developing intergovernmental information and telecommunications technology systems 17.11and services, and define the structure and responsibilities of a representative governance 17.12structure; 17.13    (4) cooperate and collaborate with the legislative and judicial branches in the 17.14development of information and communications systems in those branches; 17.15    (5) continue the development of North Star, the state's official comprehensive online 17.16service and information initiative; 17.17    (6) promote and collaborate with the state's agencies in the state's transition to an 17.18effectively competitive telecommunications market; 17.19    (7) collaborate with entities carrying out education and lifelong learning initiatives 17.20to assist Minnesotans in developing technical literacy and obtaining access to ongoing 17.21learning resources; 17.22    (8) promote and coordinate public information access and network initiatives, 17.23consistent with chapter 13, to connect Minnesota's citizens and communities to each 17.24other, to their governments, and to the world; 17.25    (9) promote and coordinate electronic commerce initiatives to ensure that Minnesota 17.26businesses and citizens can successfully compete in the global economy; 17.27    (10) manage and promote the regular and periodic reinvestment in the information 17.28and telecommunications technology systems and services infrastructure so that state and 17.29local government agencies can effectively and efficiently serve their customers; 17.30    (11) facilitate the cooperative development of and ensure compliance with standards 17.31and policies for information and telecommunications technology systems and services, 17.32electronic data practices and privacy, and electronic commerce among international, 17.33national, state, and local public and private organizations; 17.34    (12) eliminate unnecessary duplication of existing information and 17.35telecommunications technology systems and services provided by other public and private 18.1organizations while building on the existing governmental, educational, business, health 18.2care, and economic development infrastructures; 18.3    (13) identify, sponsor, develop, and execute shared information and 18.4telecommunications technology projects and ongoing operations; and 18.5    (14) ensure overall security of the state's information and technology systems and 18.6services. 18.7    (b) The chief information officer in consultation with the commissioner of finance 18.8must determine when it is cost-effective for agencies to develop and use shared 18.9information and telecommunications technology systems and services for the delivery of 18.10electronic government services. The chief information officer may require agencies to 18.11use shared information and telecommunications technology systems and services. The 18.12chief information officer shall establish reimbursement rates in cooperation with the 18.13commissioner of finance to be billed to agencies and other governmental entities sufficient 18.14to cover the actual development, operating, maintenance, and administrative costs of 18.15the shared systems. The methodology for billing may include the use of interagency 18.16agreements, or other means as allowed by law. 18.17     new text begin (c) A state agency with any information and telecommunications technology project new text end 18.18 new text begin that has a total expected project cost of more than $1,000,000, whether funded as part of new text end 18.19 new text begin the biennial budget or by any other means, shall for the purpose of registration with the new text end 18.20 new text begin office submit basic project startup documentation as specified by the office in both content new text end 18.21 new text begin and format. Registration must occur prior to the date of commencement of the project new text end 18.22 new text begin and before any project funding is requested or committed. Project leaders must: (1) new text end 18.23 new text begin demonstrate that acceptable and sustainable project management methodology is being new text end 18.24 new text begin followed for the project; (2) provide updates to the project documentation as changes new text end 18.25 new text begin are proposed; and (3) regularly report on the current status of the project on a schedule new text end 18.26 new text begin agreed to by the office. new text end 18.27     new text begin (d) The office must monitor progress on any active information and new text end 18.28 new text begin telecommunications technology project that has a total expected project cost of more than new text end 18.29 new text begin $1,000,000 and report on performance against plan in terms of time, scope, and budget. new text end 18.30 new text begin Based on the determination of the chief information officer, the office must conduct an new text end 18.31 new text begin independent project audit of the project. The audit analysis and evaluation by the office new text end 18.32 new text begin of the projects registered under paragraph (c) must be presented to agency executive new text end 18.33 new text begin sponsors, the project governance bodies, and the chief information officer. All reports and new text end 18.34 new text begin responses must become part of the project record. new text end 19.1     new text begin (e) For any active information and telecommunications technology project that has a new text end 19.2 new text begin total expected project cost of more than $5,000,000, an annual independent audit must be new text end 19.3 new text begin performed that conforms to project audit principles published by the office. new text end 19.4     new text begin (f) The chief information officer shall report to the legislative committees with new text end 19.5 new text begin jurisdiction over the office by January 15 of each year regarding the review process new text end 19.6 new text begin required under paragraph (a), clause (2). The report must include a description of the new text end 19.7 new text begin current status of each project reviewed by the office. The report must include the rationale new text end 19.8 new text begin used for the determination made for each project. new text end 19.9    Sec. 27. Minnesota Statutes 2006, section 16E.03, subdivision 1, is amended to read: 19.10    Subdivision 1. Definitions. For the purposes of chapter 16E, the following terms 19.11have the meanings given them. 19.12    (a) "Information and telecommunications technology systems and services" means 19.13all computing and telecommunications hardware and software, the activities undertaken 19.14to secure that hardware and software, and the activities undertaken to acquire, transport, 19.15process, analyze, store, and disseminate information electronically. "Information and 19.16telecommunications technology systems and services" includes all proposed expenditures 19.17for computing and telecommunications hardware and software, security for that hardware 19.18and software, and related consulting or other professional services. 19.19    (b) "Information and telecommunications technology project" means an effort to 19.20acquire or produce information and telecommunications technology systems and services. 19.21    (c) "Telecommunications" means voice, video, and data electronic transmissions 19.22transported by wire, wireless, fiber-optic, radio, or other available transport technology. 19.23    (d) "Cyber security" means the protection of data and systems in networks connected 19.24to the Internet. 19.25    (e) "State agency" means an agency in the executive branch of state government and 19.26includes the Minnesota Office of Higher Education, but does not include the Minnesota 19.27State Colleges and Universities unless specifically provided elsewhere in this chapter. 19.28     new text begin (f) "Total expected project cost" includes direct staff costs, all supplemental contract new text end 19.29 new text begin staff and vendor costs, and costs of hardware and software development or purchase. new text end 19.30 new text begin Breaking a project into several phases does not affect the cost threshold which must be new text end 19.31 new text begin computed on the full cost of all aspects of the related subprojects. new text end 19.32    Sec. 28. Minnesota Statutes 2006, section 16E.04, subdivision 2, is amended to read: 19.33    Subd. 2. Responsibilities. (a) In addition to other activities prescribed by law, the 19.34office shall carry out the duties set out in this subdivision. 20.1    (b) The office shall develop and establish a state information architecture to ensure 20.2that state agency development and purchase of information and communications systems, 20.3equipment, and services is designed to ensure that individual agency information systems 20.4complement and do not needlessly duplicate or conflict with the systems of other agencies. 20.5When state agencies have need for the same or similar public data, the chief information 20.6officer, in coordination with the affected agencies, shall manage the most efficient and 20.7cost-effective method of producing and storing data for or sharing data between those 20.8agencies. The development of this information architecture must include the establishment 20.9of standards and guidelines to be followed by state agencies. The office shall ensure 20.10compliance with the architecture. 20.11    (c) The office shall assist state agencies in the planning and management of 20.12information systems so that an individual information system reflects and supports 20.13the state agency's mission and the state's requirements and functions. new text begin Each agency new text end 20.14 new text begin shall develop a strategic information technology plan. new text end The office shall review and 20.15approve agency technology plans to ensure consistency with enterprise information and 20.16telecommunications technology strategy. new text begin By December 1 of each year, the office must new text end 20.17 new text begin report to the legislative committees with jurisdiction over the office regarding the plans new text end 20.18 new text begin under this paragraph. new text end 20.19    (d) The office shall review and approve agency requests for funding for the 20.20development or purchase of information systems equipment or software before the 20.21requests may be included in the governor's budget. 20.22    (e) The office shall review major purchases of information systems equipment to: 20.23    (1) ensure that the equipment follows the standards and guidelines of the state 20.24information architecture; 20.25    (2) ensure the agency's proposed purchase reflects a cost-effective policy regarding 20.26volume purchasing; and 20.27    (3) ensure that the equipment is consistent with other systems in other state agencies 20.28so that data can be shared among agencies, unless the office determines that the agency 20.29purchasing the equipment has special needs justifying the inconsistency. 20.30    (f) The office shall review the operation of information systems by state agencies 20.31and ensure that these systems are operated efficiently and securely and continually meet 20.32the standards and guidelines established by the office. The standards and guidelines must 20.33emphasize uniformity that is cost-effective for the enterprise, that encourages information 20.34interchange, open systems environments, and portability of information whenever 20.35practicable and consistent with an agency's authority and chapter 13. 21.1    (g) The office shall conduct a comprehensive review at least every three years of 21.2the information systems investments that have been made by state agencies and higher 21.3education institutions. The review must include recommendations on any information 21.4systems applications that could be provided in a more cost-beneficial manner by an outside 21.5source. The office must report the results of its review to the legislature and the governor. 21.6    Sec. 29. new text begin [43A.1816] LEAVE TO CARE FOR SIGNIFICANT OTHER. new text end 21.7     new text begin (a) An employee must be granted leave to the extent the employee's attendance is new text end 21.8 new text begin necessary to care for a significant other due to the significant other's illness or disability, new text end 21.9 new text begin up to a period of five days within a 12-month period. The leave must be unpaid, unless new text end 21.10 new text begin otherwise provided in a collective bargaining agreement or compensation plan. new text end 21.11     new text begin (b) For purposes of this section, "significant other" means a person who has entered new text end 21.12 new text begin into a committed interdependent relationship with another adult, where the adults: new text end 21.13     new text begin (1) are responsible for each other's basic common welfare; new text end 21.14     new text begin (2) share a common residence and intend to do so indefinitely; new text end 21.15     new text begin (3) are not related by blood or adoption to an extent that would prohibit marriage in new text end 21.16 new text begin this state; and new text end 21.17     new text begin (4) are legally competent and qualified to enter into a contract. new text end 21.18     new text begin For purposes of this section, significant others may share a common residence even new text end 21.19 new text begin if they do not have a legal right to possess the residence or one or both domestic partners new text end 21.20 new text begin possess additional real property. If one significant other temporarily leaves the common new text end 21.21 new text begin residence with the intention to return, the significant others continue to share a common new text end 21.22 new text begin residence for the purposes of this section. new text end 21.23    Sec. 30. new text begin [43A.187] BLOOD DONATION LEAVE. new text end 21.24     new text begin A state employee must be granted leave from work with 100 percent of pay to donate new text end 21.25 new text begin blood at a location away from the place of work. The total amount of leave used under this new text end 21.26 new text begin paragraph may not exceed three hours in a 12-month period, and must be determined by new text end 21.27 new text begin the employee. A state employee seeking leave from work under this section must provide new text end 21.28 new text begin 14 days notice to the appointing authority. This leave must not affect the employee's new text end 21.29 new text begin vacation leave, pension, compensatory time, personal vacation days, sick leave, earned new text end 21.30 new text begin overtime accumulation, or cause a loss of seniority. For the purposes of this section, "state new text end 21.31 new text begin employee" does not include an employee of the Minnesota State Colleges and Universities. new text end 21.32    Sec. 31. Laws 2006, chapter 282, article 2, section 27, subdivision 4, is amended to 21.33read: 22.1    Subd. 4. Expiration. The commission expires December 31, 2008 new text begin June 30, 2009 new text end . 22.2    Sec. 32. Laws 2007, chapter 148, article 1, section 7, is amended to read: 22.3 Sec. 7. SECRETARY OF STATE$ 9,019,000 $ 6,497,000 22.4 Appropriations by Fund 22.5 2008 2009 22.6 General 6,175,000 6,497,000 22.7 Special Revenue 2,844,000 22.8(a) $310,000 of this appropriation must be 22.9transferred to the Help America Vote Act 22.10account and is designated as a portion of the 22.11match required by section 253(b)(5) of the 22.12Help America Vote Act. 22.13(b) $2,844,000 the first year is appropriated 22.14from the Help America Vote Act account for 22.15the purposes and uses authorized by federal 22.16law. This appropriation is available until 22.17June 30, 2009. 22.18(c) Notwithstanding Laws 2005, chapter 22.19162, section 34, subdivision 7, any balance 22.20remaining in the Help America Vote Act 22.21account after previous appropriations and the 22.22appropriations in this section is appropriated 22.23to the secretary of state for the purposes of 22.24the account. This appropriation is available 22.25until June 30, 2011. 22.26 new text begin (d) The amount necessary to meet federal new text end 22.27 new text begin requirements for interest payments and the new text end 22.28 new text begin additional match for the Help America Vote new text end 22.29 new text begin Act account is transferred from the general new text end 22.30 new text begin fund appropriation to the Help America Vote new text end 22.31 new text begin Act account. new text end 22.32 new 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. 33. Laws 2007, chapter 148, article 1, section 12, subdivision 4, is amended to 23.2read: 23.3 Subd. 4. Administrative Management Services 5,672,000 5,218,000 23.4(a) $125,000 the first year is to create an 23.5Office of Grants Management to standardize 23.6state grants management policies and 23.7procedures. For the fiscal year beginning 23.8July 1, 2008, the commissioner must 23.9deduct up to $125,000 from state grants new text begin new text end 23.10 new text begin that are subject to Minnesota Statutes, new text end 23.11 new text begin section 16B.97, new text end to nongovernmental new text begin new text end 23.12 new text begin nonstate new text end entities, as necessary to fund the 23.13commissioner's duties under new Minnesota 23.14Statutes, sections 16B.97 and 16B.98. 23.15The amount deducted from appropriations 23.16for these grants is transferred to the 23.17commissioner for purposes of administering 23.18these sections. 23.19(b) $250,000 the first year and $250,000 23.20the second year are to establish a small 23.21agency resource team to consolidate and 23.22streamline the human resources and financial 23.23management activities for small state 23.24agencies, boards, and councils. 23.25(c) $500,000 the first year is a onetime 23.26appropriation for a targeted group business 23.27disparity study. The commissioner 23.28must cooperate with units of local 23.29government conducting similar studies. The 23.30commissioner shall ensure that the results of 23.31the study are kept current and that any new or 23.32upgraded accounting or procurement systems 23.33properly record purchases from minority and 23.34female-owned businesses through the use of 24.1state contracts, and the availability of bids 24.2from those businesses. 24.3(d) $74,000 the first year and $74,000 24.4the second year are for the Council on 24.5Developmental Disabilities. 24.6(e) $140,000 in fiscal year 2008 and $140,000 24.7in fiscal year 2009 are for a grant to the 24.8Council on Developmental Disabilities 24.9for the purpose of establishing a statewide 24.10self-advocacy network for persons with 24.11intellectual and developmental disabilities 24.12(ID/DD). The self-advocacy network shall: 24.13(1) ensure that persons with ID/DD are 24.14informed of their rights in employment, 24.15housing, transportation, voting, government 24.16policy, and other issues pertinent to the 24.17ID/DD community; 24.18(2) provide public education and awareness 24.19of the civil and human rights issues persons 24.20with ID/DD face; 24.21(3) provide funds, technical assistance, and 24.22other resources for self-advocacy groups 24.23across the state; and 24.24(4) organize systems of communications 24.25to facilitate an exchange of information 24.26between self-advocacy groups. 24.27This appropriation is in addition to any other 24.28appropriations and must be added to the base 24.29appropriation beginning in fiscal year 2010. 24.30    Sec. 34. new text begin MANAGERIAL POSITION REDUCTIONS. new text end 24.31     new text begin The governor must reduce the total number of deputy commissioners, assistant new text end 24.32 new text begin commissioners, positions designated as unclassified under authority of Minnesota Statutes, new text end 25.1 new text begin section 43A.08, subdivision 1a, and governor's office personnel supported by interagency new text end 25.2 new text begin agreements by 25 percent. This reduction must be achieved by June 30, 2009. new text end 25.3    Sec. 35. new text begin MINNEAPOLIS PARK AND RECREATION BOARD; new text end 25.4 new text begin CONDEMNATION PROCEEDS. new text end 25.5     new text begin Notwithstanding the provisions of Minnesota Statutes, section 16A.695, or any new text end 25.6 new text begin other law, the Minneapolis Park and Recreation Board may retain the proceeds from the new text end 25.7 new text begin condemnation of park lands or its interest in land necessary for the reconstruction and new text end 25.8 new text begin expansion of marked Interstate Highway 35W at the Mississippi River in Minneapolis. new text end 25.9 new text begin Proceeds received by the park board from the condemnation proceeding must be deposited new text end 25.10 new text begin into a park land acquisition account controlled by the Minneapolis Park and Recreation new text end 25.11 new text begin Board. Money in the account must be invested pursuant to Minnesota Statutes, chapter new text end 25.12 new text begin 118A, and interest shall accrue to this account. The park land acquisition account must new text end 25.13 new text begin be used solely to acquire land for public park purposes adjacent to the Mississippi River new text end 25.14 new text begin in Minneapolis. Lands acquired from the account must be included in the metropolitan new text end 25.15 new text begin regional recreation open space system and are subject to the provisions of Minnesota new text end 25.16 new text begin Statutes, section 16A.695, and laws governing metropolitan regional park land. The park new text end 25.17 new text begin board shall provide an annual report to the commissioner of finance and the Metropolitan new text end 25.18 new text begin Council regional administrator outlining the use of the funds in the park land acquisition new text end 25.19 new text begin account until such time as no funds remain in the account. new text end 25.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 25.21    Sec. 36. new text begin LEGISLATORS' FORUM. new text end 25.22     new text begin During the biennium ending June 30, 2009, the Legislative Coordinating new text end 25.23 new text begin Commission must pay expenses associated with Minnesota legislators' participation in new text end 25.24 new text begin a legislators' forum, through which Minnesota legislators meet with counterparts from new text end 25.25 new text begin South Dakota, North Dakota, and Manitoba to discuss issues of mutual concern. new text end 25.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 25.27    Sec. 37. new text begin LCC STUDY. new text end 25.28     new text begin The Legislative Coordinating Commission must report to the chairs of the house new text end 25.29 new text begin and senate Finance Committees by January 15, 2009, on potential savings that could be new text end 25.30 new text begin achieved by having the Legislative Coordinating Commission perform administrative new text end 25.31 new text begin functions that currently are performed separately by the house of representatives and new text end 25.32 new text begin the senate. new text end 26.1    Sec. 38. new text begin TEMPORARY HOURS OF SALE. new text end 26.2     new text begin From August 29, 2008, through September 8, 2008, holders of an on-sale liquor new text end 26.3 new text begin license may remain open and may serve alcohol until 4:00 a.m. each day, and holders of new text end 26.4 new text begin an off-sale license may be open and sell alcohol between 8:00 a.m. and 10:00 p.m. on new text end 26.5 new text begin Sunday, under the following conditions: new text end 26.6     new text begin (1) the holder of an on-sale intoxicating liquor license or the holder of an off-sale new text end 26.7 new text begin liquor license must be located within a city or township, any part of which is within ten new text end 26.8 new text begin miles of the site of the Republican National Convention; and new text end 26.9     new text begin (2) the licensing jurisdiction where the licensee is located must have approved the new text end 26.10 new text begin additional hours of sale authorized in this section for all licensees within its jurisdiction. new text end 26.11    Sec. 39. new text begin REPEALER. new text end 26.12 new text begin Minnesota Statutes 2006, sections 16B.281, subdivisions 2, 4, and 5; 16B.285; new text end 26.13 new text begin and 645.44, subdivision 19, new text end new text begin are repealed. new text end 26.14    Sec. 40. new text begin EFFECTIVE DATE. new text end 26.15     new text begin Except for those sections with a different effective date, this article is effective the new text end 26.16 new text begin day following final enactment. new text end 26.17ARTICLE 2 26.18MILITARY AFFAIRS 26.19 Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end 26.20     new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown new text end 26.21 new text begin in parentheses, subtracted from the appropriations in Laws 2007, chapter 45, articles 1 to new text end 26.22 new text begin 3, to the agencies and for the purposes specified in this act. The appropriations are from new text end 26.23 new text begin the general fund or another named fund and are available for the fiscal years indicated for new text end 26.24 new text begin each purpose. The figures "2008" and "2009" used in this article mean that the addition new text end 26.25 new text begin to or subtraction from the appropriation listed under them is available for the fiscal year new text end 26.26 new text begin ending June 30, 2008, or June 30, 2009, respectively. Supplemental appropriations and new text end 26.27 new text begin reductions to appropriations for the fiscal year ending June 30, 2008, are effective the new text end 26.28 new text begin day following final enactment. new text end 26.29 new text begin APPROPRIATIONS new text end 26.30 new text begin Available for the Year new text end 26.31 new text begin Ending June 30 new text end 26.32 new text begin 2008 new text end new text begin 2009 new text end 26.33 Sec. 2. new text begin MILITARY AFFAIRS new text end new text begin $ new text end new text begin $ new text end new text begin 52,000 new text end 27.1 new text begin Appropriations by Fund new text end 27.2 new text begin General new text end new text begin 390,000 new text end 27.3 new text begin Special Revenue new text end new text begin (338,000) new text end 27.4 new text begin $75,000 in fiscal year 2009 is to establish a new text end 27.5 new text begin state enhancement of the employer support of new text end 27.6 new text begin the guard and reserve program. The funding new text end 27.7 new text begin base for this activity is $35,000 each year in new text end 27.8 new text begin fiscal years 2010 and 2011. new text end 27.9 new text begin $135,000 in fiscal year 2009 is to make new text end 27.10 new text begin $1,000 biannual bonus payments to National new text end 27.11 new text begin Guard medics who meet recertification new text end 27.12 new text begin requirements during the fiscal year. new text end 27.13 new text begin $180,000 in fiscal year 2009 is to add "state new text end 27.14 new text begin navigator" positions to coordinate state new text end 27.15 new text begin agency programs and activities to support new text end 27.16 new text begin and assist soldiers and their families during new text end 27.17 new text begin and after the reintegration process. new text end 27.18 new text begin $338,000 is a reduction in fiscal year new text end 27.19 new text begin 2009 from the special revenue fund new text end 27.20 new text begin appropriation from the account established new text end 27.21 new text begin in Minnesota Statutes, section 190.19. The new text end 27.22 new text begin base appropriation in fiscal year 2010 and new text end 27.23 new text begin 2011 is $0. new text end 27.24    Sec. 3. Minnesota Statutes 2006, section 190.19, subdivision 1, is amended to read: 27.25    Subdivision 1. Establishment. The Minnesota "Support Our Troops" account is 27.26established in the special revenue fund. The account shall consist of contributions from 27.27private sources and appropriations. new text begin Money in the account is appropriated in equal shares new text end 27.28 new text begin to the Department of Military Affairs and the Department of Veterans Affairs. new text end 27.29 new text begin EFFECTIVE DATE. new text end new text begin Notwithstanding Laws 2007, chapter 45, article 2, section new text end 27.30 new text begin 1, and article 3, section 2, subdivision 3, this section is effective for distribution of the new text end 27.31 new text begin Minnesota "Support Our Troops" account the day following final enactment. new text end 27.32    Sec. 4. Minnesota Statutes 2007 Supplement, section 190.19, subdivision 2, is 27.33amended to read: 28.1    Subd. 2. Uses. (a) Money appropriated from the Minnesota "Support Our Troops" 28.2account new text begin to the Department of Military Affairs new text end may be used for: 28.3    (1) grants directly to eligible individuals; 28.4    (2) grants to one or more eligible foundations for the purpose of making grants to 28.5eligible individuals, as provided in this section; or 28.6    (3) veterans' services. new text begin ; or new text end 28.7     new text begin (4) grants to family readiness groups chartered by the adjutant general. new text end 28.8    (b) new text begin As used in paragraph (a), new text end the term, "eligible individual" includes any person 28.9who is: 28.10    (1) a member of the Minnesota National Guard or a reserve unit based in Minnesota 28.11who has been called to active service as defined in section 190.05, subdivision 5; 28.12    (2) a Minnesota resident who is a member of a military reserve unit not based 28.13in Minnesota, if the member is called to active service as defined in section 190.05, 28.14subdivision 5 ; 28.15    (3) any other Minnesota resident performing active service for any branch of the 28.16military of the United States; 28.17    (4) a person who served in one of the capacities listed in clause (1), (2), or (3) who 28.18has current financial needs directly related to that service; and 28.19    (5) a member of the immediate family of an individual identified in clause (1), (2), 28.20(3), or (4). For purposes of this clause, "immediate family" means the individual's spouse 28.21and minor children and, if they are dependents of the member of the military, the member's 28.22parents, grandparents, siblings, stepchildren, and adult children. 28.23    (c) new text begin As used in paragraph (a), new text end the term "eligible foundation" includes any organization 28.24that: 28.25    (1) is a tax-exempt organization under section 501(c)(3) of the Internal Revenue 28.26Code; 28.27    (2) has articles of incorporation under chapter 317A specifying the purpose of 28.28the organization as including the provision of financial assistance to members of the 28.29Minnesota National Guard and other United States armed forces reserves and their 28.30families and survivors; and 28.31    (3) agrees in writing to distribute any grant money received from the adjutant general 28.32under this section to eligible individuals as defined in this section and in accordance 28.33with any written policies and rules the adjutant general may impose as conditions of the 28.34grant to the foundation. 29.1    (d) The maximum grant awarded to an eligible individual new text begin under paragraph (a) new text end in a 29.2calendar year with funds from the Minnesota "Support Our Troops" account, either through 29.3an eligible institution or directly from the adjutant general, may not exceed $2,000. 29.4    Sec. 5. new text begin [192.341] STATE ENHANCED EMPLOYER SUPPORT OF GUARD new text end 29.5 new text begin AND RESERVE (ESGR) PROGRAM. new text end 29.6     new text begin The adjutant general is authorized to establish and administer a state enhancement new text end 29.7 new text begin to the federal Employer Support of Guard and Reserve (ESGR) Program. The adjutant new text end 29.8 new text begin general shall develop policy and guidelines for the administration of the program new text end 29.9 new text begin established under this section. new text end 29.10    Sec. 6. Minnesota Statutes 2006, section 192.501, is amended by adding a subdivision 29.11to read: 29.12     new text begin Subd. 1c. new text end new text begin Medic recertification bonus program. new text end new text begin (a) The adjutant general new text end 29.13 new text begin may establish a program to provide a recertification bonus to eligible members of the new text end 29.14 new text begin Minnesota National Guard who recertify as emergency medical technicians (EMTs) in new text end 29.15 new text begin the National Guard within the limitations of this subdivision. The bonus payments are new text end 29.16 new text begin intended to generally encourage a member's continuing certification as an EMT. new text end 29.17     new text begin (b) Eligibility for the recertification bonus is limited to a member of the National new text end 29.18 new text begin Guard who: new text end 29.19     new text begin (1) is serving satisfactorily as determined by the adjutant general; and new text end 29.20     new text begin (2) has successfully completed the training required for recertification and warrants new text end 29.21 new text begin the payment of a bonus. new text end 29.22     new text begin (c) The adjutant general may, within the limitations of this subdivision and other new text end 29.23 new text begin applicable laws, determine additional eligibility criteria for the bonus, and must specify all new text end 29.24 new text begin of the criteria in regulations and publish changes as necessary. new text end 29.25     new text begin (d) Payments under this subdivision must be made on a schedule that is determined new text end 29.26 new text begin and published in department regulations by the adjutant general. new text end 29.27    Sec. 7. Minnesota Statutes 2006, section 192.501, is amended by adding a subdivision 29.28to read: 29.29     new text begin Subd. 2a. new text end new text begin Usage of tuition and textbook reimbursement grant program by new text end 29.30 new text begin spouse permitted. new text end new text begin (a) Notwithstanding the eligibility limitations of subdivision 2, new text end 29.31 new text begin paragraph (b), the spouse of a person eligible under subdivision 2, paragraph (b), is new text end 29.32 new text begin eligible to use up to 12 semester hours per year, or the equivalent amount of quarter new text end 30.1 new text begin credits, of that eligible person's unused tuition reimbursement benefit for each year of new text end 30.2 new text begin service in the Minnesota National Guard after the eighth year of such service. new text end 30.3     new text begin (b) Total benefits under this subdivision cannot exceed the total unused portion of new text end 30.4 new text begin the service member's benefit. A service member's and spouse's eligibility for tuition new text end 30.5 new text begin reimbursement under this subdivision is limited by the provisions of subdivision 2, new text end 30.6 new text begin paragraph (g). new text end 30.7    Sec. 8. Minnesota Statutes 2006, section 197.585, subdivision 5, is amended to read: 30.8    Subd. 5. Expiration. This section expires at the end of the first fiscal year in which 30.9the number of veterans enrolled in Minnesota public institutions of higher education is 30.10fewer than 4,000, but no later than June 30, 2011. 30.11    Sec. 9. new text begin STARBASE STUDY. new text end 30.12     new text begin The appropriation in Laws 2007, chapter 45, article 3, section 2, subdivision 3, for new text end 30.13 new text begin a longitudinal study measuring improvement in academic achievement as a result of new text end 30.14 new text begin participation in the Starbase program is available until June 30, 2009. The Department of new text end 30.15 new text begin Military Affairs must contract with the Wilder Foundation to conduct the study. new text end 30.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 30.17    Sec. 10. new text begin NATIONAL GUARD YOUTH CHALLENGE PROGRAM STUDY. new text end 30.18     new text begin The adjutant general and the Department of Military Affairs shall study participation new text end 30.19 new text begin by the Minnesota National Guard in the National Guard Youth Challenge Program new text end 30.20 new text begin promoted by the National Guard Youth Foundation. The adjutant general shall report on new text end 30.21 new text begin the study and make recommendations to the governor and the committees of the senate new text end 30.22 new text begin and the house of representatives with jurisdiction over National Guard programs by new text end 30.23 new text begin January 15, 2009. The study must include: new text end 30.24     new text begin (1) possible locations for the Minnesota National Guard Youth Challenge Program; new text end 30.25     new text begin (2) estimated start-up costs for the program; new text end 30.26     new text begin (3) application and establishment procedures and resources required to apply for new text end 30.27 new text begin and establish the program; and new text end 30.28     new text begin (4) a survey of similar programs established in other states and how each state comes new text end 30.29 new text begin up with the state match required to obtain federal funds. new text end 31.1ARTICLE 3 31.2EXECUTIVE BRANCH COMPENSATION 31.3    Section 1. Minnesota Statutes 2006, section 15A.081, subdivision 8, is amended to 31.4read: 31.5    Subd. 8. Expense allowance. Notwithstanding any law to the contrary, positions 31.6listed in section 15A.0815, subdivisions 2 and 3, constitutional officers, the commissioner 31.7of Iron Range resources and rehabilitation, and the director of the State Lottery are 31.8authorized an annual expense allowance not to exceed $1,500 for necessary expenses in 31.9the normal performance of their duties for which no other reimbursement is provided. 31.10The expenditures under this subdivision are subject to any laws and rules relating to 31.11budgeting, allotment and encumbrance, preaudit and postaudit. The commissioner of 31.12finance may adopt rules to assure the proper expenditure of these funds and to provide 31.13for reimbursement. 31.14    Sec. 2. Minnesota Statutes 2006, section 15A.0815, is amended to read: 31.1515A.0815 SALARY LIMITS FOR CERTAIN EMPLOYEES. 31.16    Subdivision 1. Salary limits. The governor or other appropriate appointing 31.17authority shall set the salary rates for positions listed in this section new text begin subdivision 2 new text end within 31.18the salary limits listed in subdivisions new text begin subdivision new text end 2 to 4 new text begin and section 43A.17, subdivision new text end 31.19 new text begin 9 new text end , subject to approval of the Legislative Coordinating Commission and the legislature as 31.20provided by subdivision 5 and sections 3.855 and 15A.081, subdivision 7b. 31.21    Subd. 2. Group I salary limits new text begin Positions new text end . The salaries for positions in this 31.22subdivision may not exceed 95 percent of the salary of the governor: 31.23    Commissioner of administration; 31.24    Commissioner of agriculture; 31.25    Commissioner of education; 31.26    Commissioner of commerce; 31.27    Commissioner of corrections; 31.28    Commissioner of employee relations; 31.29     new text begin Commissioner of employment and economic development; new text end 31.30    Commissioner of finance; 31.31     new text begin Director, Gambling Control Board; new text end 31.32    Commissioner of health; 31.33    Executive director, Minnesota Office of Higher Education; 31.34    Commissioner, Housing Finance Agency; 32.1    Commissioner of human rights; 32.2    Commissioner of human services; 32.3     new text begin Commissioner, Iron Range Resources and Rehabilitation Board; new text end 32.4    Commissioner of labor and industry; 32.5     new text begin Commissioner, Bureau of Mediation Services; new text end 32.6     new text begin Ombudsman for Mental Health and Developmental Disabilities; new text end 32.7     new text begin Chair, Metropolitan Airports Commission; new text end 32.8     new text begin Chair, Metropolitan Council; new text end 32.9     new text begin Director, Minnesota State Lottery; new text end 32.10    Commissioner of natural resources; 32.11    Director of Office of Strategic and Long-Range Planning; 32.12    Commissioner, Pollution Control Agency; 32.13     new text begin Executive director, Public Employees Retirement Association; new text end 32.14    Commissioner of public safety; 32.15     new text begin Commissioner, Public Utilities Commission; new text end 32.16     new text begin Director, Minnesota Racing Commission; new text end 32.17    Commissioner of revenue; 32.18    Commissioner of employment and economic development; 32.19     new text begin Executive director, State Retirement System; new text end 32.20     new text begin Executive director, Teachers Retirement Association; new text end 32.21    Commissioner of transportation; and 32.22    Commissioner of veterans affairs. 32.23    Subd. 3. Group II salary limits. The salaries for positions in this subdivision may 32.24not exceed 85 percent of the salary of the governor: 32.25    Executive director of Gambling Control Board; 32.26    Commissioner, Iron Range Resources and Rehabilitation Board; 32.27    Commissioner, Bureau of Mediation Services; 32.28    Ombudsman for Mental Health and Developmental Disabilities; 32.29    Chair, Metropolitan Council; 32.30    Executive director of pari-mutuel racing; 32.31    Executive director, Public Employees Retirement Association; 32.32    Commissioner, Public Utilities Commission; 32.33    Executive director, State Retirement System; and 32.34    Executive director, Teachers Retirement Association. 32.35    Subd. 4. Group III salary limits. The salary for a position in this subdivision may 32.36not exceed 25 percent of the salary of the governor: 33.1    Chair, Metropolitan Airports Commission. 33.2    Subd. 5. Appointing authorities to recommend certain salaries. (a) The 33.3governor, or other appropriate appointing authority, may submit to the Legislative 33.4Coordinating Commission recommendations for salaries within the salary limits for the 33.5positions listed in subdivisions 2 to 4. An appointing authority may also propose additions 33.6or deletions of positions from those listed. 33.7    (b) Before submitting the recommendations, the appointing authority shall consult 33.8with the commissioner of employee relations concerning the recommendations. 33.9    (c) In making recommendations, the appointing authority shall consider the 33.10criteria established in section 43A.18, subdivision 8, and the performance of individual 33.11incumbents. The performance evaluation must include a review of an incumbent's progress 33.12toward attainment of affirmative action goals. The appointing authority shall establish 33.13an objective system for quantifying knowledge, abilities, duties, responsibilities, and 33.14accountabilities, and in determining recommendations, rate each position by this system. 33.15    (d) Before the appointing authority's recommended salaries take effect, the 33.16recommendations must be reviewed and approved, rejected, or modified by the Legislative 33.17Coordinating Commission and the legislature under section 3.855, subdivisions 2 and 33.183 . If, when the legislature is not in session, the commission fails to reject or modify 33.19salary recommendations of the governor within 30 calendar days of their receipt, the 33.20recommendations are deemed to be approved. 33.21    (e) The appointing authority shall set the initial salary of a head of a new agency 33.22or a chair of a new metropolitan board or commission whose salary is not specifically 33.23prescribed by law after consultation with the commissioner, whose recommendation is 33.24advisory only. The amount of the new salary must be comparable to the salary of an 33.25agency head or commission chair having similar duties and responsibilities. 33.26    (f) The salary of a newly appointed head of an agency or chair of a metropolitan 33.27agency listed in subdivisions new text begin subdivision new text end 2 to 4, may be increased or decreased by the 33.28appointing authority from the salary previously set for that position within 30 days 33.29of the new appointment after consultation with the commissioner. If the appointing 33.30authority increases a salary under this paragraph, the appointing authority shall submit 33.31the new salary to the Legislative Coordinating Commission and the full legislature 33.32for approval, modification, or rejection under section 3.855, subdivisions 2 and 3. 33.33If, when the legislature is not in session, the commission fails to reject or modify 33.34salary recommendations of the governor within 30 calendar days of their receipt, the 33.35recommendations are deemed to be approved. 34.1    Sec. 3. Minnesota Statutes 2006, section 43A.01, subdivision 3, is amended to read: 34.2    Subd. 3. Equitable compensation relationships. It is the policy of this state to 34.3attempt to establish equitable compensation relationships between female-dominated, 34.4male-dominated, and balanced classes of employees in the executive branch. 34.5Compensation relationships are equitable within the meaning of this subdivision when the 34.6primary consideration in negotiating, establishing, recommending, and approving total 34.7compensation is comparability of the value of the work in relationship to other positions in 34.8the executive branch. new text begin A recognized system for classification analysis and its concurrent new text end 34.9 new text begin point allocation system must be used in order to attain compensation equity. Classification new text end 34.10 new text begin range maximums must fall within the system's point allocation window. Market-driven new text end 34.11 new text begin forces are recognized as acceptable in order to maintain employee recruitment and new text end 34.12 new text begin retention efforts whenever the compensation rates exceed the allocated points. No contract new text end 34.13 new text begin executed under chapter 179A may modify, waive, or abridge this section and sections new text end 34.14 new text begin 43A.07 to 43A.121, 43A.15, and 43A.17 to 43A.21, except to the extent expressly new text end 34.15 new text begin permitted in those sections. Any compensation equity adjustments must be made from new text end 34.16 new text begin agency appropriations. Fifty percent of the compensation governed by this system must be new text end 34.17 new text begin adjusted in fiscal year 2009 and the remaining compensation in fiscal year 2010. new text end 34.18    Sec. 4. Minnesota Statutes 2006, section 43A.17, subdivision 9, is amended to read: 34.19    Subd. 9. Political subdivision Compensation limit. (a) The salary and the value 34.20of all other forms of compensation of new text begin the positions in section 15A.0815 and new text end a person 34.21employed by a political subdivision of this state, excluding a school district, or employed 34.22under section 422A.03 may not exceed 110 percent of the salary of the governor as set 34.23under section 15A.082, except as provided in this subdivision. For purposes of this 34.24subdivision, "political subdivision of this state" includes a statutory or home rule charter 34.25city, county, town, metropolitan or regional agency, or other political subdivision, but 34.26does not include a hospital, clinic, or health maintenance organization owned by such a 34.27governmental unit. 34.28    (b) Beginning in 2006, the limit in paragraph (a) shall be adjusted annually in 34.29January. The limit shall equal the limit for the prior year increased by the percentage 34.30increase, if any, in the Consumer Price Index for all-urban consumers from October of the 34.31second prior year to October of the immediately prior year. 34.32    (c) Deferred compensation and payroll allocations to purchase an individual annuity 34.33contract for an employee are included in determining the employee's salary. Other forms 34.34of compensation which shall be included to determine an employee's total compensation 34.35are all other direct and indirect items of compensation which are not specifically excluded 35.1by this subdivision. Other forms of compensation which shall not be included in a 35.2determination of an employee's total compensation for the purposes of this subdivision are: 35.3    (1) employee benefits that are also provided for the majority of all other full-time 35.4employees of the political subdivision, vacation and sick leave allowances, health and 35.5dental insurance, disability insurance, term life insurance, and pension benefits or like 35.6benefits the cost of which is borne by the employee or which is not subject to tax as 35.7income under the Internal Revenue Code of 1986; 35.8    (2) dues paid to organizations that are of a civic, professional, educational, or 35.9governmental nature; and 35.10    (3) reimbursement for actual expenses incurred by the employee which the 35.11governing body determines to be directly related to the performance of job responsibilities, 35.12including any relocation expenses paid during the initial year of employment. 35.13    The value of other forms of compensation shall be the annual cost to the political 35.14subdivision for the provision of the compensation. 35.15    (d) The salary of a medical doctor or doctor of osteopathy occupying a position that 35.16the governing body of the political subdivision has determined requires an M.D. or D.O. 35.17degree is excluded from the limitation in this subdivision. 35.18    (e) The commissioner may increase the limitation in this subdivision for a position 35.19that the commissioner has determined requires special expertise necessitating a higher 35.20salary to attract or retain a qualified person. The commissioner shall review each 35.21proposed increase giving due consideration to salary rates paid to other persons with 35.22similar responsibilities in the state and nation. The commissioner may not increase the 35.23limitation until the commissioner has presented the proposed increase to the Legislative 35.24Coordinating Commission and received the commission's recommendation on it. The 35.25recommendation is advisory only. If the commission does not give its recommendation 35.26on a proposed increase within 30 days from its receipt of the proposal, the commission 35.27is deemed to have made no recommendation. If the commissioner grants or granted an 35.28increase under this paragraph, the new limitation shall be adjusted beginning in August 35.292005 and in each subsequent calendar year in January by the percentage increase equal to 35.30the percentage increase, if any, in the Consumer Price Index for all-urban consumers from 35.31October of the second prior year to October of the immediately prior year. 35.32    Sec. 5. Minnesota Statutes 2006, section 119A.03, subdivision 1, is amended to read: 35.33    Subdivision 1. General. The department is under the administrative control of 35.34the commissioner. The commissioner is appointed by the governor with the advice and 35.35consent of the senate. The commissioner must possess broad knowledge and experience 36.1in strengthening children and families. The commissioner has the general powers as 36.2provided in section 15.06, subdivision 6. 36.3    The commissioner's salary must be established according to the procedure in section 36.415A.0815 , in the same range as that specified for the commissioner of finance. 36.5    Sec. 6. Minnesota Statutes 2006, section 124D.385, subdivision 4, is amended to read: 36.6    Subd. 4. Delegation to nonprofit. The commission may create a private nonprofit 36.7corporation that is exempt from taxation under section 501(c)(3) of the federal Internal 36.8Revenue Code of 1986. If the commission creates a private nonprofit corporation, the 36.9commission must serve as the corporation's board of directors. The private nonprofit 36.10corporation is not subject to laws governing state agencies or political subdivisions, 36.11except the provisions of chapter 13, the Open Meeting Law under chapter 13D, salary 36.12limits under section 15A.0815, subdivision 2, and audits by the legislative auditor under 36.13chapter 3 apply. Further provided that the board of directors and the executive director 36.14of the nonprofit corporation are each considered an "official" for purposes of section 36.1510A.071 . The commission may delegate any or all of its powers and duties under federal 36.16law or under sections 124D.37 to 124D.45 to the corporation if the nonprofit corporation 36.17is approved under federal law to administer the National and Community Service Trust 36.18Act. The commission may revoke a delegation of powers and duties at any time, and must 36.19revoke the delegation if the corporation is no longer approved under federal law as the 36.20administrator in the state of Minnesota for the National and Community Service Trust Act. 36.21    Sec. 7. Minnesota Statutes 2007 Supplement, section 216C.052, subdivision 2, is 36.22amended to read: 36.23    Subd. 2. Administrative issues. (a) The commissioner may select the administrator. 36.24The administrator must have at least five years of experience working as a power systems 36.25engineer or transmission planner, or in a position dealing with power system reliability 36.26issues, and may not have been a party or a participant in a commission energy proceeding 36.27for at least one year prior to selection by the commissioner. The commissioner shall 36.28oversee and direct the work of the administrator, annually review the expenses of the 36.29administrator, and annually approve the budget of the administrator. The administrator 36.30may hire staff and may contract for technical expertise in performing duties when existing 36.31state resources are required for other state responsibilities or when special expertise is 36.32required. The salary of the administrator is governed by section 15A.0815, subdivision 2. 36.33    (b) Costs relating to a specific proceeding, analysis, or project are not general 36.34administrative costs. For purposes of this section, "energy utility" means public utilities, 37.1generation and transmission cooperative electric associations, and municipal power 37.2agencies providing natural gas or electric service in the state. 37.3    (c) The Department of Commerce shall pay: 37.4    (1) the general administrative costs of the administrator, not to exceed $1,000,000 37.5in a fiscal year, and shall assess energy utilities for those administrative costs. These 37.6costs must be consistent with the budget approved by the commissioner under paragraph 37.7(a). The department shall apportion the costs among all energy utilities in proportion to 37.8their respective gross operating revenues from sales of gas or electric service within 37.9the state during the last calendar year, and shall then render a bill to each utility on a 37.10regular basis; and 37.11    (2) costs relating to a specific proceeding analysis or project and shall render a bill to 37.12the specific energy utility or utilities participating in the proceeding, analysis, or project 37.13directly, either at the conclusion of a particular proceeding, analysis, or project, or from 37.14time to time during the course of the proceeding, analysis, or project. 37.15    (d) For purposes of administrative efficiency, the department shall assess energy 37.16utilities and issue bills in accordance with the billing and assessment procedures provided 37.17in section 216B.62, to the extent that these procedures do not conflict with this subdivision. 37.18The amount of the bills rendered by the department under paragraph (c) must be paid by 37.19the energy utility into an account in the special revenue fund in the state treasury within 37.2030 days from the date of billing and is appropriated to the department for the purposes 37.21provided in this section. The commission shall approve or approve as modified a rate 37.22schedule providing for the automatic adjustment of charges to recover amounts paid by 37.23utilities under this section. All amounts assessed under this section are in addition to 37.24amounts appropriated to the commission and the department by other law. 37.25    Sec. 8. Minnesota Statutes 2006, section 349A.02, subdivision 1, is amended to read: 37.26    Subdivision 1. Director. A State Lottery is established under the supervision and 37.27control of a director. The director of the State Lottery shall be appointed by the governor 37.28with the advice and consent of the senate. The director serves in the unclassified service at 37.29the pleasure of the governor. The annual salary rate authorized for the director is equal to 37.3095 percent of the salary rate prescribed for the governor.