SF 1589

CCR--SF1589A - 88th Legislature (2013 - 2014)

Posted on 05/19/2013 04:29 p.m.

1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 1589 1.2A bill for an act 1.3relating to the operation of state government finance; allowing the secretary of 1.4state authority to accept funds from local government units for election systems 1.5enhancements and to receive certain funds for the address confidentiality program; 1.6allowing the state auditor to charge a onetime user fee for a small city and 1.7town accounting system software; changing provisions for bid solicitations and 1.8proposals; changing certain provisions for service contracts and the solicitation 1.9process; requiring a determination of the IT cost for agency technology 1.10projects; expanding E-Government initiative and establishing the E-Government 1.11Advisory Council; changing certain audit provisions from the state auditor to 1.12the legislative auditor; repealing the Minnesota Sunset Act; changing provisions 1.13for barbering and cosmetology; changing licensing provisions for accountants; 1.14changing a paid military leave provision; modifying provisions in the Veterans 1.15Service Office grant program; changing provision in the Minnesota GI Bill 1.16program; establishing a veterans home in Beltrami County; making Department 1.17of Revenue changes; making compensation council changes and requiring a 1.18compensation study; adjusting certain salary groups; establishing administrative 1.19penalties; establishing fees; appropriating money;amending Minnesota Statutes 1.202012, sections 3.099, subdivision 1; 3.855, subdivision 3; 13.591, subdivision 1.213; 15A.0815, subdivisions 1, 2, 3, 5; 15A.082, subdivision 2; 16A.82; 16C.02, 1.22subdivision 13; 16C.06, subdivision 2; 16C.09; 16C.10, subdivision 6; 16C.145; 1.2316C.33, subdivision 3; 16C.34, subdivision 1; 16E.07, by adding a subdivision; 1.2432C.04; 43A.17, subdivisions 1, 3; 65B.84, subdivision 1; 154.001, by adding a 1.25subdivision; 154.003; 154.02; 154.05; 154.06; 154.065, subdivision 2; 154.07, 1.26subdivision 1; 154.08; 154.09; 154.10, subdivision 1; 154.11, subdivision 1; 1.27154.12; 154.14; 154.15, subdivision 2; 154.26; 155A.23, subdivision 3; 155A.25, 1.28subdivisions 1a, 4; 155A.27, subdivisions 4, 7, 10; 155A.29, subdivision 2; 1.29155A.30, subdivision 1, by adding subdivisions; 192.26; 197.608, subdivisions 1.301, 3, 4, 5, 6; 197.791, subdivisions 4, 5; 254A.035, subdivision 2; 254A.04; 1.31256B.093, subdivision 1; 260.835, subdivision 2; 270C.69, subdivision 1; 1.32289A.20, subdivisions 2, 4; 289A.26, subdivision 2a; 295.55, subdivision 1.334; 297F.09, subdivision 7; 297G.09, subdivision 6; 297I.30, by adding a 1.34subdivision; 297I.35, subdivision 2; 326A.04, subdivisions 2, 3, 5, 7; 326A.10; 1.35469.3201; 473.843, subdivision 3; Laws 2012, chapter 278, article 1, section 5; 1.36article 2, sections 27; 34; proposing coding for new law in Minnesota Statutes, 1.37chapters 4; 5; 5B; 6; 16E; 154; 155A; 198; 297I; repealing Minnesota Statutes 1.382012, sections 3D.01; 3D.02; 3D.03; 3D.04; 3D.045; 3D.05; 3D.06; 3D.065; 1.393D.07; 3D.08; 3D.09; 3D.10; 3D.11; 3D.12; 3D.13; 3D.14; 3D.15; 3D.16; 3D.17; 1.403D.18; 3D.19; 3D.20; 3D.21, subdivisions 2, 3, 4, 5, 6, 7, 8; 43A.17, subdivision 1.414; 155A.25, subdivision 1; 168A.40, subdivisions 3, 4; 197.608, subdivision 2a; 1.42270C.145; 326A.03, subdivisions 2, 5, 8; Laws 2012, chapter 278, article 1, 1.43section 6; Minnesota Rules, parts 1105.0600; 1105.2550; 1105.2700. 2.1May 19, 2013 2.2The Honorable Sandra L. Pappas 2.3President of the Senate 2.4The Honorable Paul Thissen 2.5Speaker of the House of Representatives 2.6We, the undersigned conferees for S.F. No. 1589 report that we have agreed upon 2.7the items in dispute and recommend as follows: 2.8That the House recede from its amendments and that S.F. No. 1589 be further 2.9amended as follows: 2.10Delete everything after the enacting clause and insert: 2.11"ARTICLE 1 2.12STATE GOVERNMENT APPROPRIATIONS 2.13 Section 1. new text begin STATE GOVERNMENT APPROPRIATIONS. new text end 2.14     new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 2.15 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 2.16 new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 2.17 new text begin for each purpose. The figures "2014" and "2015" used in this article mean that the new text end 2.18 new text begin appropriations listed under them are available for the fiscal year ending June 30, 2014, or new text end 2.19 new text begin June 30, 2015, respectively. "The first year" is fiscal year 2014. "The second year" is fiscal new text end 2.20 new text begin year 2015. "The biennium" is fiscal years 2014 and 2015. new text end 2.21 new text begin APPROPRIATIONS new text end 2.22 new text begin Available for the Year new text end 2.23 new text begin Ending June 30 new text end 2.24 new text begin 2014 new text end new text begin 2015 new text end 2.25 Sec. 2. new text begin LEGISLATURE new text end 2.26 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 69,470,000 new text end new text begin $ new text end new text begin 68,970,000 new text end 2.27 new text begin Appropriations by Fund new text end 2.28 new text begin 2014 new text end new text begin 2015 new text end 2.29 new text begin General new text end new text begin 69,342,000 new text end new text begin 68,842,000 new text end 2.30 new text begin Health Care Access new text end new text begin 128,000 new text end new text begin 128,000 new text end 2.31 new text begin The amounts that may be spent for each new text end 2.32 new text begin purpose are specified in the following new text end 2.33 new text begin subdivisions. new text end 2.34 new text begin Subd. 2. new text end new text begin Senate new text end new text begin 23,133,000 new text end new text begin 22,633,000 new text end 2.35 new text begin Subd. 3. new text end new text begin House of Representatives new text end new text begin 30,524,000 new text end new text begin 30,524,000 new text end 3.1 new text begin During the biennium ending June 30, 2015, new text end 3.2 new text begin any revenues received by the house of new text end 3.3 new text begin representatives from voluntary donations new text end 3.4 new text begin to support broadcast or print media are new text end 3.5 new text begin appropriated to the house of representatives. new text end 3.6 new text begin Subd. 4. new text end new text begin Legislative Coordinating Commission new text end new text begin 15,813,000 new text end new text begin 15,813,000 new text end 3.7 new text begin Appropriations by Fund new text end 3.8 new text begin General new text end new text begin 15,685,000 new text end new text begin 15,685,000 new text end 3.9 new text begin Health Care Access new text end new text begin 128,000 new text end new text begin 128,000 new text end 3.10 new text begin From its funds, $10,000 each year is for new text end 3.11 new text begin purposes of the legislators' forum, through new text end 3.12 new text begin which Minnesota legislators meet with new text end 3.13 new text begin counterparts from South Dakota, North new text end 3.14 new text begin Dakota, and Manitoba to discuss issues of new text end 3.15 new text begin mutual concern. new text end 3.16 new text begin The Legislative Coordinating Commission new text end 3.17 new text begin is authorized to enter into an agreement new text end 3.18 new text begin with the National Conference of State new text end 3.19 new text begin Legislatures to provide the organization up to new text end 3.20 new text begin $100,000 of its funds to support activities in new text end 3.21 new text begin preparation for the annual conference to be new text end 3.22 new text begin held in Minnesota in 2014. It is anticipated new text end 3.23 new text begin that these funds will be returned to the new text end 3.24 new text begin Legislative Coordinating Commission, and new text end 3.25 new text begin are reappropriated to the commission. new text end 3.26 3.27 Sec. 3. new text begin GOVERNOR AND LIEUTENANT new text end new text begin GOVERNOR new text end new text begin $ new text end new text begin 3,353,000 new text end new text begin $ new text end new text begin 3,353,000 new text end 3.28 new text begin (a) This appropriation is to fund the Office of new text end 3.29 new text begin the Governor and Lieutenant Governor. new text end 3.30 new text begin (b) $19,000 the first year and $19,000 the new text end 3.31 new text begin second year are for necessary expenses in the new text end 3.32 new text begin normal performance of the Governor's and new text end 3.33 new text begin Lieutenant Governor's duties for which no new text end 3.34 new text begin other reimbursement is provided. new text end 4.1 new text begin (c) By September 1 of each year, the new text end 4.2 new text begin commissioner of management and budget new text end 4.3 new text begin shall report to the chairs and ranking minority new text end 4.4 new text begin members of the senate State Departments new text end 4.5 new text begin and Veterans Affairs Budget Division and the new text end 4.6 new text begin house of representatives State Government new text end 4.7 new text begin Finance Committee any personnel costs new text end 4.8 new text begin incurred by the Offices of the Governor and new text end 4.9 new text begin Lieutenant Governor that were supported new text end 4.10 new text begin by appropriations to other agencies during new text end 4.11 new text begin the previous fiscal year. The Office of the new text end 4.12 new text begin Governor shall inform the chairs and ranking new text end 4.13 new text begin minority members of the committees before new text end 4.14 new text begin initiating any interagency agreements. new text end 4.15 Sec. 4. new text begin STATE AUDITOR new text end new text begin $ new text end new text begin 2,070,000 new text end new text begin $ new text end new text begin 2,121,000 new text end 4.16 Sec. 5. new text begin ATTORNEY GENERAL new text end new text begin $ new text end new text begin 24,342,000 new text end new text begin $ new text end new text begin 24,342,000 new text end 4.17 new text begin Appropriations by Fund new text end 4.18 new text begin 2014 new text end new text begin 2015 new text end 4.19 new text begin General new text end new text begin 22,125,000 new text end new text begin 22,125,000 new text end 4.20 4.21 new text begin State Government new text end new text begin Special Revenue new text end new text begin 1,822,000 new text end new text begin 1,822,000 new text end 4.22 new text begin Environmental new text end new text begin 145,000 new text end new text begin 145,000 new text end 4.23 new text begin Remediation new text end new text begin 250,000 new text end new text begin 250,000 new text end 4.24 new text begin Of this appropriation, $65,000 in the first new text end 4.25 new text begin year and $65,000 in the second year are new text end 4.26 new text begin from the general fund for transfer to the new text end 4.27 new text begin commissioner of public safety for a grant to new text end 4.28 new text begin the Minnesota County Attorneys Association new text end 4.29 new text begin for prosecutor and law enforcement training. new text end 4.30 Sec. 6. new text begin SECRETARY OF STATE new text end new text begin $ new text end new text begin 5,938,000 new text end new text begin $ new text end new text begin 6,583,000 new text end 4.31 new text begin Any funds available in the account new text end 4.32 new text begin established in Minnesota Statutes, section new text end 4.33 new text begin 5.30, pursuant to the Help America Vote Act, new text end 5.1 new text begin is appropriated for the purposes and uses new text end 5.2 new text begin authorized by federal law. new text end 5.3 new text begin Redistricting Case. new text end new text begin $355,000 the first year new text end 5.4 new text begin is appropriated to the secretary of state to new text end 5.5 new text begin be used to pay attorney fees as ordered by new text end 5.6 new text begin the court in the legislative and congressional new text end 5.7 new text begin redistricting case Hippert et al. v. Ritchie new text end 5.8 new text begin et al., A11-152, and interest thereon. This new text end 5.9 new text begin appropriation is available for expenditure the new text end 5.10 new text begin day following final enactment. new text end 5.11 5.12 Sec. 7. new text begin CAMPAIGN FINANCE AND PUBLIC new text end new text begin DISCLOSURE BOARD new text end new text begin $ new text end new text begin 1,000,000 new text end new text begin $ new text end new text begin 1,000,000 new text end 5.13 Sec. 8. new text begin INVESTMENT BOARD new text end new text begin $ new text end new text begin 139,000 new text end new text begin $ new text end new text begin 139,000 new text end 5.14 Sec. 9. new text begin ADMINISTRATIVE HEARINGS new text end new text begin $ new text end new text begin 7,732,000 new text end new text begin $ new text end new text begin 7,506,000 new text end 5.15 new text begin Appropriations by Fund new text end 5.16 new text begin 2014 new text end new text begin 2015 new text end 5.17 new text begin General new text end new text begin 482,000 new text end new text begin 256,000 new text end 5.18 5.19 new text begin Workers' new text end new text begin Compensation new text end new text begin 7,250,000 new text end new text begin 7,250,000 new text end 5.20 new text begin Campaign Violations Hearings. new text end new text begin (a) new text end 5.21 new text begin $130,000 the first year is appropriated from new text end 5.22 new text begin the general fund for the cost of considering new text end 5.23 new text begin complaints filed under Minnesota Statutes, new text end 5.24 new text begin section 211B.32. Any amount of this new text end 5.25 new text begin appropriation that remains unspent at the new text end 5.26 new text begin end of the biennium must be canceled to new text end 5.27 new text begin the general account of the state elections new text end 5.28 new text begin campaign fund. The base for fiscal year 2016 new text end 5.29 new text begin is $130,000, to be available for the biennium, new text end 5.30 new text begin under the same terms. new text end 5.31 new text begin (b) $60,000 the first year is appropriated new text end 5.32 new text begin from the general fund to cover the fiscal year new text end 5.33 new text begin 2013 costs of campaign violations hearings. new text end 5.34 new text begin This is a onetime appropriation. new text end 6.1 new text begin Data Practices Hearings. new text end new text begin $36,000 the first new text end 6.2 new text begin year is appropriated from the general fund new text end 6.3 new text begin to cover the fiscal year 2013 costs for data new text end 6.4 new text begin practices hearings. new text end 6.5 6.6 Sec. 10. 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 2,431,000 new text end new text begin $ new text end new text begin 2,431,000 new text end 6.7 new text begin During the biennium ending June 30, 2015, new text end 6.8 new text begin the Office of Enterprise Technology must new text end 6.9 new text begin not charge fees to a public noncommercial new text end 6.10 new text begin educational television broadcast station new text end 6.11 new text begin eligible for funding under Minnesota new text end 6.12 new text begin Statutes, chapter 129D, for access to the new text end 6.13 new text begin state broadcast infrastructure. If the access new text end 6.14 new text begin fees not charged to public noncommercial new text end 6.15 new text begin educational television broadcast stations total new text end 6.16 new text begin more than $400,000 for the biennium, the new text end 6.17 new text begin office may charge for access fees in excess new text end 6.18 new text begin of these amounts. new text end 6.19 new text begin The commissioner of Minnesota management new text end 6.20 new text begin and budget is authorized to provide cash new text end 6.21 new text begin flow assistance of up to $110,000,000 from new text end 6.22 new text begin the special revenue fund or other statutory new text end 6.23 new text begin general funds as defined in Minnesota new text end 6.24 new text begin Statutes, section 16A.671, subdivision 3, new text end 6.25 new text begin paragraph (a), to the Office of Enterprise new text end 6.26 new text begin Technology for the purpose of managing new text end 6.27 new text begin revenue and expenditure differences during new text end 6.28 new text begin the initial phases of IT consolidation. These new text end 6.29 new text begin funds shall be repaid with interest by June new text end 6.30 new text begin 30, 2015. new text end 6.31 Sec. 11. new text begin ADMINISTRATION new text end 6.32 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 20,532,000 new text end new text begin $ new text end new text begin 20,202,000 new text end 7.1 new text begin The amounts that may be spent for each new text end 7.2 new text begin purpose are specified in the following new text end 7.3 new text begin subdivisions. new text end 7.4 new text begin Subd. 2. new text end new text begin Government and Citizen Services new text end new text begin 7,698,000 new text end new text begin 7,668,000 new text end 7.5 new text begin $74,000 the first year and $74,000 the second new text end 7.6 new text begin year are for the Council on Developmental new text end 7.7 new text begin Disabilities. new text end 7.8 new text begin Nellie Stone Johnson bust or statue. new text end 7.9 new text begin $30,000 is to place a bust or statue of Nellie new text end 7.10 new text begin Stone Johnson in the State Capitol Building. new text end 7.11 new text begin This appropriation is contingent on receipt of new text end 7.12 new text begin an equal nonstate match. The commissioner new text end 7.13 new text begin must follow the process in Minnesota new text end 7.14 new text begin Statutes, sections 138.67 to 138.70, in the new text end 7.15 new text begin acquisition and placement of the bust or new text end 7.16 new text begin statue. This appropriation is available until new text end 7.17 new text begin expended. new text end 7.18 new text begin Subd. 3. new text end new text begin Strategic Management Services new text end new text begin 1,757,000 new text end new text begin 1,757,000 new text end 7.19 new text begin Subd. 4. new text end new text begin Fiscal Agent new text end new text begin 11,077,000 new text end new text begin 10,777,000 new text end 7.20 new text begin The appropriations under this section are to new text end 7.21 new text begin the commissioner of administration for the new text end 7.22 new text begin purposes specified. new text end 7.23 new text begin In-Lieu of Rent. new text end new text begin $8,158,000 the first year new text end 7.24 new text begin and $8,158,000 the second year are for new text end 7.25 new text begin space costs of the legislature and veterans new text end 7.26 new text begin organizations, ceremonial space, and new text end 7.27 new text begin statutorily free space. new text end 7.28 new text begin Public Broadcasting. new text end new text begin (a) $1,550,000 the new text end 7.29 new text begin first year and $1,550,000 the second year are new text end 7.30 new text begin for matching grants for public television. new text end 7.31 new text begin (b) $250,000 the first year and $250,000 new text end 7.32 new text begin the second year are for public television new text end 7.33 new text begin equipment grants. new text end 8.1 new text begin (c) The equipment or matching grants in new text end 8.2 new text begin paragraphs (a) and (b) must be allocated new text end 8.3 new text begin after considering the recommendations of the new text end 8.4 new text begin Minnesota Public Television Association. new text end 8.5 new text begin (d) $392,000 the first year and $392,000 the new text end 8.6 new text begin second year are for community service grants new text end 8.7 new text begin to public educational radio stations. This new text end 8.8 new text begin appropriation may be used to disseminate new text end 8.9 new text begin emergency information in foreign languages. new text end 8.10 new text begin (e) $117,000 the first year and $117,000 new text end 8.11 new text begin the second year are for equipment grants new text end 8.12 new text begin to public educational radio stations. This new text end 8.13 new text begin appropriation may be used for the repair, new text end 8.14 new text begin rental, and purchase of equipment including new text end 8.15 new text begin equipment under $500. new text end 8.16 new text begin (f) The grants in paragraphs (d) and (e) new text end 8.17 new text begin must be allocated after considering the new text end 8.18 new text begin recommendations of the Association of new text end 8.19 new text begin Minnesota Public Education Radio Stations new text end 8.20 new text begin under Minnesota Statutes, section 129D.14. new text end 8.21 new text begin (g) $610,000 the first year and $310,000 new text end 8.22 new text begin the second year are for equipment grants new text end 8.23 new text begin to Minnesota Public Radio, Inc., including new text end 8.24 new text begin upgrades to Minnesota's Emergency Alert new text end 8.25 new text begin and AMBER Alert Systems. new text end 8.26 new text begin (h) Any unencumbered balance remaining new text end 8.27 new text begin the first year for grants to public television or new text end 8.28 new text begin radio stations does not cancel and is available new text end 8.29 new text begin for the second year. new text end 8.30 8.31 8.32 Sec. 12. new text begin CAPITOL AREA new text end new text begin ARCHITECTURAL AND PLANNING new text end new text begin BOARD new text end new text begin $ new text end new text begin 335,000 new text end new text begin $ new text end new text begin 335,000 new text end 8.33 8.34 Sec. 13. new text begin MINNESOTA MANAGEMENT AND new text end new text begin BUDGET new text end new text begin $ new text end new text begin 28,144,000 new text end new text begin $ new text end new text begin 20,369,000 new text end 9.1 new text begin Statewide Budget System. new text end new text begin $4,500,000 for new text end 9.2 new text begin the biennium is to continue development new text end 9.3 new text begin of the new statewide budget system and to new text end 9.4 new text begin develop new capabilities including, but not new text end 9.5 new text begin limited to, capital budget and fiscal notes. new text end 9.6 Sec. 14. new text begin REVENUE new text end 9.7 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 140,673,000 new text end new text begin $ new text end new text begin 140,137,000 new text end 9.8 new text begin Appropriations by Fund new text end 9.9 new text begin 2014 new text end new text begin 2015 new text end 9.10 new text begin General new text end new text begin 136,438,000 new text end new text begin 135,902,000 new text end 9.11 new text begin Health Care Access new text end new text begin 1,749,000 new text end new text begin 1,749,000 new text end 9.12 9.13 new text begin Highway User Tax new text end new text begin Distribution new text end new text begin 2,183,000 new text end new text begin 2,183,000 new text end 9.14 new text begin Environmental new text end new text begin 303,000 new text end new text begin 303,000 new text end 9.15 new text begin Subd. 2. new text end new text begin Tax System Management new text end new text begin 112,057,000 new text end new text begin 111,521,000 new text end 9.16 new text begin Appropriations by Fund new text end 9.17 new text begin General new text end new text begin 107,822,000 new text end new text begin 107,286,000 new text end 9.18 new text begin Health Care Access new text end new text begin 1,749,000 new text end new text begin 1,749,000 new text end 9.19 9.20 new text begin Highway User Tax new text end new text begin Distribution new text end new text begin 2,183,000 new text end new text begin 2,183,000 new text end 9.21 new text begin Environmental new text end new text begin 303,000 new text end new text begin 303,000 new text end 9.22 new text begin County Technical Assistance Grants. new text end new text begin (a) new text end 9.23 new text begin The commissioner of revenue may make new text end 9.24 new text begin technical assistance grants to counties to new text end 9.25 new text begin fund development, implementation, or new text end 9.26 new text begin maintenance of data collection and data new text end 9.27 new text begin processing systems that will facilitate new text end 9.28 new text begin improved reporting of property tax data new text end 9.29 new text begin on parcels and portions of parcels to new text end 9.30 new text begin the commissioner for analytical and new text end 9.31 new text begin administrative use. The grants may be made new text end 9.32 new text begin in the order they are requested, or on some new text end 9.33 new text begin other basis determined by the commissioner. new text end 9.34 new text begin The commissioner shall determine whether to new text end 9.35 new text begin require an application or recipient agreement new text end 10.1 new text begin and shall determine the form and content of new text end 10.2 new text begin the application or agreement. new text end 10.3 new text begin (b) $300,000 is appropriated to the new text end 10.4 new text begin commissioner from the general fund in fiscal new text end 10.5 new text begin year 2014 to make grants to counties as new text end 10.6 new text begin provided in this section. This appropriation new text end 10.7 new text begin is available for fiscal years 2014 and 2015 new text end 10.8 new text begin only, and does not become part of the base. new text end 10.9 new text begin Appropriation; Taxpayer Assistance. new text end new text begin (a) new text end 10.10 new text begin $200,000 in fiscal year 2014, and $200,000 new text end 10.11 new text begin in fiscal year 2015, are added to the base new text end 10.12 new text begin appropriation of $200,000 each year. These new text end 10.13 new text begin amounts are appropriated from the general new text end 10.14 new text begin fund to the commissioner of revenue to new text end 10.15 new text begin make grants to one or more nonprofit new text end 10.16 new text begin organizations, qualifying under section new text end 10.17 new text begin 501(c)(3) of the Internal Revenue Code of new text end 10.18 new text begin 1986, to coordinate, facilitate, encourage, and new text end 10.19 new text begin aid in the provision of taxpayer assistance new text end 10.20 new text begin services. The unencumbered balance in the new text end 10.21 new text begin first year does not cancel but is available for new text end 10.22 new text begin the second year. new text end 10.23 new text begin (b) For purposes of this section, "taxpayer new text end 10.24 new text begin assistance services" means accounting new text end 10.25 new text begin and tax preparation services provided by new text end 10.26 new text begin volunteers to low-income, elderly, and new text end 10.27 new text begin disadvantaged Minnesota residents to help new text end 10.28 new text begin them file federal and state income tax returns new text end 10.29 new text begin and Minnesota property tax refund claims new text end 10.30 new text begin and to provide personal representation before new text end 10.31 new text begin the Department of Revenue and Internal new text end 10.32 new text begin Revenue Service. new text end 10.33 new text begin Subd. 3. new text end new text begin Debt Collection Management new text end new text begin 28,616,000 new text end new text begin 28,616,000 new text end 10.34 Sec. 15. new text begin GAMBLING CONTROL new text end new text begin $ new text end new text begin 3,959,000 new text end new text begin $ new text end new text begin 3,959,000 new text end 11.1 new text begin These appropriations are from the lawful new text end 11.2 new text begin gambling regulation account in the special new text end 11.3 new text begin revenue fund. new text end 11.4 Sec. 16. new text begin RACING COMMISSION new text end new text begin $ new text end new text begin 899,000 new text end new text begin $ new text end new text begin 899,000 new text end 11.5 new text begin These appropriations are from the racing new text end 11.6 new text begin and card playing regulation accounts in the new text end 11.7 new text begin special revenue fund. new text end 11.8 Sec. 17. new text begin STATE LOTTERY new text end 11.9 new text begin Notwithstanding Minnesota Statutes, section new text end 11.10 new text begin , subdivision 3, the operating budget new text end 11.11 new text begin must not exceed $30,500,000 in fiscal year new text end 11.12 new text begin 2014 and $30,500,000 in fiscal year 2015. new text end 11.13 Sec. 18. new text begin AMATEUR SPORTS COMMISSION new text end new text begin $ new text end new text begin 266,000 new text end new text begin $ new text end new text begin 266,000 new text end 11.14 11.15 Sec. 19. new text begin COUNCIL ON BLACK new text end new text begin MINNESOTANS new text end new text begin $ new text end new text begin 392,000 new text end new text begin $ new text end new text begin 392,000 new text end 11.16 11.17 Sec. 20. new text begin COUNCIL ON ASIAN-PACIFIC new text end new text begin MINNESOTANS new text end new text begin $ new text end new text begin 354,000 new text end new text begin $ new text end new text begin 354,000 new text end 11.18 11.19 Sec. 21. new text begin COUNCIL ON AFFAIRS OF new text end new text begin CHICANO/LATINO PEOPLE new text end new text begin $ new text end new text begin 375,000 new text end new text begin $ new text end new text begin 375,000 new text end 11.20 Sec. 22. new text begin INDIAN AFFAIRS COUNCIL new text end new text begin $ new text end new text begin 562,000 new text end new text begin $ new text end new text begin 562,000 new text end 11.21 11.22 Sec. 23. new text begin MINNESOTA HISTORICAL new text end new text begin SOCIETY new text end 11.23 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 21,783,000 new text end new text begin $ new text end new text begin 21,649,000 new text end 11.24 new text begin The amounts that may be spent for each new text end 11.25 new text begin purpose are specified in the following new text end 11.26 new text begin subdivisions. new text end 11.27 new text begin Subd. 2. new text end new text begin Operations and Programs new text end new text begin 21,335,000 new text end new text begin 21,335,000 new text end 11.28 new text begin Notwithstanding Minnesota Statutes, section new text end 11.29 new text begin 138.668, the Minnesota Historical Society new text end 12.1 new text begin may not charge a fee for its general tours at new text end 12.2 new text begin the Capitol, but may charge fees for special new text end 12.3 new text begin programs other than general tours. new text end 12.4 new text begin Subd. 3. new text end new text begin Fiscal Agent new text end 12.5 new text begin (a) Minnesota International Center new text end new text begin 39,000 new text end new text begin 39,000 new text end 12.6 new text begin (b) Minnesota Air National Guard Museum new text end new text begin 34,000 new text end new text begin -0- new text end 12.7 new text begin (c) Minnesota Military Museum new text end new text begin 160,000 new text end new text begin 60,000 new text end 12.8 new text begin Of this amount, $60,000 each year is for an new text end 12.9 new text begin archivist staff position. The base for fiscal new text end 12.10 new text begin year 2016 is $100,000. new text end 12.11 new text begin (d) Farmamerica new text end new text begin 115,000 new text end new text begin 115,000 new text end 12.12 new text begin (e) Hockey Hall of Fame new text end new text begin 100,000 new text end new text begin 100,000 new text end 12.13 new text begin Balances Forward. new text end new text begin Any unencumbered new text end 12.14 new text begin balance remaining in this subdivision the first new text end 12.15 new text begin year does not cancel but is available for the new text end 12.16 new text begin second year of the biennium. new text end 12.17 Sec. 24. new text begin BOARD OF THE ARTS new text end 12.18 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 7,514,000 new text end new text begin $ new text end new text begin 7,514,000 new text end 12.19 new text begin The amounts that may be spent for each new text end 12.20 new text begin purpose are specified in the following new text end 12.21 new text begin subdivisions. new text end 12.22 new text begin Subd. 2. new text end new text begin Operations and Services new text end new text begin 575,000 new text end new text begin 575,000 new text end 12.23 new text begin Subd. 3. new text end new text begin Grants Program new text end new text begin 4,800,000 new text end new text begin 4,800,000 new text end 12.24 new text begin Subd. 4. new text end new text begin Regional Arts Councils new text end new text begin 2,139,000 new text end new text begin 2,139,000 new text end 12.25 new text begin Unencumbered Balance Available. new text end new text begin Any new text end 12.26 new text begin unencumbered balance remaining in this new text end 12.27 new text begin section the first year does not cancel, but is new text end 12.28 new text begin available for the second year of the biennium. new text end 12.29 new text begin Projects located in Minnesota; travel new text end 12.30 new text begin restriction. new text end new text begin Money appropriated in this new text end 12.31 new text begin section and distributed as grants may only new text end 13.1 new text begin be spent on projects located in Minnesota. new text end 13.2 new text begin A recipient of a grant funded by an new text end 13.3 new text begin appropriation in this section must not use new text end 13.4 new text begin more than ten percent of the total grant for new text end 13.5 new text begin costs related to travel outside the state of new text end 13.6 new text begin Minnesota. new text end 13.7 13.8 Sec. 25. new text begin MINNESOTA HUMANITIES new text end new text begin CENTER new text end new text begin $ new text end new text begin 291,000 new text end new text begin $ new text end new text begin 251,000 new text end 13.9 new text begin $40,000 the first year is for a grant to new text end 13.10 new text begin Everybody Wins!-Minnesota, a Minnesota new text end 13.11 new text begin 501(c)(3) corporation, to operate a reading new text end 13.12 new text begin program for Minnesota children. new text end 13.13 13.14 Sec. 26. new text begin SCIENCE MUSEUM OF new text end new text begin MINNESOTA new text end new text begin $ new text end new text begin 1,079,000 new text end new text begin $ new text end new text begin 1,079,000 new text end 13.15 13.16 Sec. 27. new text begin GENERAL CONTINGENT new text end new text begin ACCOUNTS new text end new text begin $ new text end new text begin 1,000,000 new text end new text begin $ new text end new text begin 500,000 new text end 13.17 new text begin Appropriations by Fund new text end 13.18 new text begin 2014 new text end new text begin 2015 new text end 13.19 new text begin General new text end new text begin 500,000 new text end new text begin -0- new text end 13.20 13.21 new text begin State Government new text end new text begin Special Revenue new text end new text begin 400,000 new text end new text begin 400,000 new text end 13.22 13.23 new text begin Workers' new text end new text begin Compensation new text end new text begin 100,000 new text end new text begin 100,000 new text end 13.24 new text begin (a) The appropriations in this section new text end 13.25 new text begin may only be spent with the approval of new text end 13.26 new text begin the governor after consultation with the new text end 13.27 new text begin Legislative Advisory Commission pursuant new text end 13.28 new text begin to Minnesota Statutes, section 3.30. new text end 13.29 new text begin (b) If an appropriation in this section for new text end 13.30 new text begin either year is insufficient, the appropriation new text end 13.31 new text begin for the other year is available for it. new text end 13.32 new text begin (c) If a contingent account appropriation new text end 13.33 new text begin is made in one fiscal year, it should be new text end 13.34 new text begin considered a biennial appropriation. new text end 14.1 Sec. 28. new text begin TORT CLAIMS new text end new text begin $ new text end new text begin 161,000 new text end new text begin $ new text end new text begin 161,000 new text end 14.2 new text begin These appropriations are to be spent by the new text end 14.3 new text begin commissioner of management and budget new text end 14.4 new text begin according to Minnesota Statutes, section new text end 14.5 new text begin 3.736, subdivision 7. If the appropriation for new text end 14.6 new text begin either year is insufficient, the appropriation new text end 14.7 new text begin for the other year is available for it. new text end 14.8 14.9 Sec. 29. new text begin MINNESOTA STATE RETIREMENT new text end new text begin SYSTEM new text end 14.10 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 3,891,000 new text end new text begin $ new text end new text begin 3,964,000 new text end 14.11 new text begin The amounts that may be spent for each new text end 14.12 new text begin purpose are specified in the following new text end 14.13 new text begin subdivisions. new text end 14.14 new text begin Subd. 2. new text end new text begin Legislators new text end new text begin 3,406,000 new text end new text begin 3,475,000 new text end 14.15 new text begin Under Minnesota Statutes, sections 3A.03, new text end 14.16 new text begin subdivision 2; 3A.04, subdivisions 3 and 4; new text end 14.17 new text begin and 3A.115. new text end 14.18 new text begin Subd. 3. new text end new text begin Constitutional Officers new text end new text begin 485,000 new text end new text begin 489,000 new text end 14.19 new text begin Under Minnesota Statutes, section 352C.001, new text end 14.20 new text begin if an appropriation in this section for either new text end 14.21 new text begin year is insufficient, the appropriation for the new text end 14.22 new text begin other year is available for it. new text end 14.23 14.24 Sec. 30. new text begin MINNEAPOLIS EMPLOYEES new text end new text begin RETIREMENT FUND DIVISION ACCOUNT new text end new text begin $ new text end new text begin 24,000,000 new text end new text begin $ new text end new text begin 24,000,000 new text end 14.25 new text begin These amounts are estimated to be needed new text end 14.26 new text begin under Minnesota Statutes, section 353.505. new text end 14.27 14.28 Sec. 31. new text begin TEACHERS RETIREMENT new text end new text begin ASSOCIATION new text end new text begin $ new text end new text begin 15,454,000 new text end new text begin $ new text end new text begin 15,454,000 new text end 14.29 new text begin The amounts estimated to be needed are as new text end 14.30 new text begin follows: new text end 14.31 new text begin Special Direct State Aid. new text end new text begin $12,954,000 the new text end 14.32 new text begin first year and $12,954,000 the second year new text end 15.1 new text begin are for special direct state aid authorized new text end 15.2 new text begin under Minnesota Statutes, section 354A.12, new text end 15.3 new text begin subdivisions 3a and 3c. new text end 15.4 new text begin Special Direct State Matching Aid. new text end 15.5 new text begin $2,500,000 the first year and $2,500,000 new text end 15.6 new text begin the second year are for special direct state new text end 15.7 new text begin matching aid authorized under Minnesota new text end 15.8 new text begin Statutes, section 354.435. new text end 15.9 15.10 Sec. 32. new text begin ST. PAUL TEACHERS new text end new text begin RETIREMENT FUND new text end new text begin $ new text end new text begin 2,827,000 new text end new text begin $ new text end new text begin 2,827,000 new text end 15.11 new text begin The amounts estimated to be needed for new text end 15.12 new text begin special direct state aid to first class city new text end 15.13 new text begin teachers retirement funds authorized under new text end 15.14 new text begin Minnesota Statutes, section new text end new text begin , new text end 15.15 new text begin subdivisions 3a and 3c. new text end 15.16 15.17 Sec. 33. new text begin DULUTH TEACHERS new text end new text begin RETIREMENT FUND new text end new text begin $ new text end new text begin 346,000 new text end new text begin $ new text end new text begin 346,000 new text end 15.18 new text begin The amounts estimated to be needed for new text end 15.19 new text begin special direct state aid to first class city new text end 15.20 new text begin teachers retirement funds authorized under new text end 15.21 new text begin Minnesota Statutes, section new text end new text begin , new text end 15.22 new text begin subdivisions 3a and 3c. new text end 15.23 Sec. 34. new text begin MILITARY AFFAIRS new text end 15.24 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 19,368,000 new text end new text begin $ new text end new text begin 19,368,000 new text end 15.25 new text begin The amounts that may be spent for each new text end 15.26 new text begin purpose are specified in the following new text end 15.27 new text begin subdivisions. new text end 15.28 new text begin Subd. 2. new text end new text begin Maintenance of Training Facilities new text end new text begin 6,661,000 new text end new text begin 6,661,000 new text end 15.29 new text begin Subd. 3. new text end new text begin General Support new text end new text begin 2,359,000 new text end new text begin 2,359,000 new text end 15.30 new text begin Subd. 4. new text end new text begin Enlistment Incentives new text end new text begin 10,348,000 new text end new text begin 10,348,000 new text end 15.31 new text begin If appropriations for either year of the new text end 15.32 new text begin biennium are insufficient, the appropriation new text end 16.1 new text begin from the other year is available. The new text end 16.2 new text begin appropriations for enlistment incentives are new text end 16.3 new text begin available until expended. new text end 16.4 Sec. 35. new text begin VETERANS AFFAIRS new text end 16.5 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 63,508,000 new text end new text begin $ new text end new text begin 62,753,000 new text end 16.6 new text begin The amounts that may be spent for each new text end 16.7 new text begin purpose are specified in the following new text end 16.8 new text begin subdivisions. new text end 16.9 new text begin Subd. 2. new text end new text begin Veterans Services new text end new text begin 16,051,000 new text end new text begin 16,240,000 new text end 16.10 new text begin Veterans Service Organizations. new text end new text begin $353,000 new text end 16.11 new text begin each year is for grants to the following new text end 16.12 new text begin congressionally chartered veterans service new text end 16.13 new text begin organizations, as designated by the new text end 16.14 new text begin commissioner: Disabled American Veterans, new text end 16.15 new text begin Military Order of the Purple Heart, the new text end 16.16 new text begin American Legion, Veterans of Foreign Wars, new text end 16.17 new text begin Vietnam Veterans of America, AMVETS, new text end 16.18 new text begin and Paralyzed Veterans of America. This new text end 16.19 new text begin funding must be allocated in direct proportion new text end 16.20 new text begin to the funding currently being provided by new text end 16.21 new text begin the commissioner to these organizations. new text end 16.22 new text begin Minnesota Assistance Council for new text end 16.23 new text begin Veterans. new text end new text begin $750,000 each year is for a grant new text end 16.24 new text begin to the Minnesota Assistance Council for new text end 16.25 new text begin Veterans to provide assistance throughout new text end 16.26 new text begin Minnesota to veterans and their families who new text end 16.27 new text begin are homeless or in danger of homelessness, new text end 16.28 new text begin including assistance with the following: new text end 16.29 new text begin (1) utilities; new text end 16.30 new text begin (2) employment; and new text end 16.31 new text begin (3) legal issues. new text end 16.32 new text begin The assistance authorized under this new text end 16.33 new text begin paragraph must be made only to veterans who new text end 17.1 new text begin have resided in Minnesota for 30 days prior new text end 17.2 new text begin to application for assistance and according new text end 17.3 new text begin to other guidelines established by the new text end 17.4 new text begin commissioner. In order to avoid duplication new text end 17.5 new text begin of services, the commissioner must ensure new text end 17.6 new text begin that this assistance is coordinated with all new text end 17.7 new text begin other available programs for veterans. new text end 17.8 new text begin IT Upgrades. new text end new text begin $618,000 in fiscal year 2014 new text end 17.9 new text begin and $382,000 in fiscal year 2015 are to new text end 17.10 new text begin improve and modernize the department's new text end 17.11 new text begin information technology systems. These new text end 17.12 new text begin funds shall be transferred to the Office of new text end 17.13 new text begin Enterprise Technology. This is a onetime new text end 17.14 new text begin transfer and is available until spent. new text end 17.15 new text begin Veterans Cemetery in Fillmore County. new text end 17.16 new text begin $425,000 in fiscal year 2015 is for operation new text end 17.17 new text begin of the new veterans cemetery in Fillmore new text end 17.18 new text begin County. This amount is added to the new text end 17.19 new text begin program's base funding. new text end 17.20 new text begin Honor Guards. new text end new text begin $200,000 each year is new text end 17.21 new text begin for compensation for honor guards at new text end 17.22 new text begin the funerals of veterans under Minnesota new text end 17.23 new text begin Statutes, section 197.231. This amount is new text end 17.24 new text begin added to the program's base funding. new text end 17.25 new text begin Minnesota GI Bill. new text end new text begin $200,000 each year is new text end 17.26 new text begin for the costs of administering the Minnesota new text end 17.27 new text begin GI Bill postsecondary educational benefits, new text end 17.28 new text begin on-the-job training, and apprenticeship new text end 17.29 new text begin program under Minnesota Statutes, section new text end 17.30 new text begin 197.791. Of this amount, $100,000 is for new text end 17.31 new text begin transfer to the Office of Higher Education. new text end 17.32 new text begin Gold Star Program. new text end new text begin $100,000 each year new text end 17.33 new text begin is for administering the Gold Star Program new text end 17.34 new text begin for surviving family members of deceased new text end 18.1 new text begin veterans. This amount is added to the new text end 18.2 new text begin program's base funding. new text end 18.3 new text begin County Veterans Service Office. new text end 18.4 new text begin $1,100,000 each year is for funding the new text end 18.5 new text begin County Veterans Service Office grant new text end 18.6 new text begin program under Minnesota Statutes, section new text end 18.7 new text begin 197.608. new text end 18.8 new text begin Veterans Paramedic Apprenticeship new text end 18.9 new text begin Program. new text end new text begin All unspent funds, estimated to new text end 18.10 new text begin be $110,000, from the Veterans Paramedic new text end 18.11 new text begin Apprenticeship Program, from the onetime new text end 18.12 new text begin appropriation under Laws 2009, chapter 79, new text end 18.13 new text begin article 13, section 7, are canceled to the new text end 18.14 new text begin general fund on July 1, 2013. new text end 18.15 new text begin Subd. 3. new text end new text begin Veterans Homes new text end new text begin 47,457,000 new text end new text begin 46,513,000 new text end 18.16 new text begin Veterans Homes Special Revenue Account. new text end 18.17 new text begin The general fund appropriations made to the new text end 18.18 new text begin department may be transferred to a veterans new text end 18.19 new text begin homes special revenue account in the special new text end 18.20 new text begin revenue fund in the same manner as other new text end 18.21 new text begin receipts are deposited according to Minnesota new text end 18.22 new text begin Statutes, section 198.34, and are appropriated new text end 18.23 new text begin to the department for the operation of new text end 18.24 new text begin veterans homes facilities and programs. new text end 18.25 new text begin IT Upgrades. new text end new text begin $2,472,000 in fiscal year 2014 new text end 18.26 new text begin and $1,528,000 in fiscal year 2015 are to new text end 18.27 new text begin improve and modernize the department's new text end 18.28 new text begin information technology systems. These new text end 18.29 new text begin funds shall be transferred to the Office of new text end 18.30 new text begin Enterprise Technology. This is a onetime new text end 18.31 new text begin transfer and is available until spent. new text end 18.32 new text begin Maximize Federal Reimbursements. new text end 18.33 new text begin The department will seek opportunities new text end 18.34 new text begin to maximize federal reimbursements of new text end 19.1 new text begin Medicare-eligible expenses and will provide new text end 19.2 new text begin annual reports to the commissioner of new text end 19.3 new text begin management and budget on the federal new text end 19.4 new text begin Medicare reimbursements received. new text end 19.5 new text begin Contingent upon future federal Medicare new text end 19.6 new text begin receipts, reductions to the homes' general new text end 19.7 new text begin fund appropriation may be made. new text end 19.8ARTICLE 2 19.9MINNESOTA SUNSET ACT 19.10    Section 1. Minnesota Statutes 2012, section 3.885, is amended by adding a subdivision 19.11to read: 19.12     new text begin Subd. 11. new text end new text begin Review of advisory groups. new text end new text begin (a) By September 1 of each odd-numbered new text end 19.13 new text begin year, the commission shall compile a list of executive branch advisory groups created in new text end 19.14 new text begin statute. The commission may develop a schedule for review of advisory groups, or may new text end 19.15 new text begin select particular groups for review. By December 31 of each odd-numbered year, the new text end 19.16 new text begin commission may make recommendations on the continuing need for certain advisory new text end 19.17 new text begin groups, and on any changes in laws governing a group that are needed to improve the new text end 19.18 new text begin group's efficiency and effectiveness. new text end 19.19 new text begin (b) In conducting reviews of executive branch advisory groups, the commission new text end 19.20 new text begin shall consider: new text end 19.21 new text begin (1) the mission of each group, and the extent to which the mission has been satisfied; new text end 19.22 new text begin (2) the extent to which each advisory group is effective in allowing persons new text end 19.23 new text begin interested in the program or activity for which the group provides advice to have input new text end 19.24 new text begin into the operations of the state agency implementing the program or activity; new text end 19.25 new text begin (3) the extent to which the existence of the advisory group provides state agencies new text end 19.26 new text begin with an efficient and effective means of obtaining expert advice and opinions; new text end 19.27 new text begin (4) whether there are more efficient and effective methods of accomplishing the new text end 19.28 new text begin mission of the advisory group; and new text end 19.29 new text begin (5) whether the work of the advisory group overlaps or duplicates the work of new text end 19.30 new text begin other groups. new text end 19.31    Sec. 2. Minnesota Statutes 2012, section 254A.035, subdivision 2, is amended to read: 19.32    Subd. 2. Membership terms, compensation, removal and expiration. The 19.33membership of this council shall be composed of 17 persons who are American Indians 19.34and who are appointed by the commissioner. The commissioner shall appoint one 20.1representative from each of the following groups: Red Lake Band of Chippewa Indians; 20.2Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota 20.3Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band, 20.4Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth 20.5Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux 20.6Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux 20.7Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community; 20.8and two representatives from the Minneapolis Urban Indian Community and two from the 20.9St. Paul Urban Indian Community. The terms, compensation, and removal of American 20.10Indian Advisory Council members shall be as provided in section 15.059. The council 20.11expires June 30, 2014, or in accordance with section , whichever is later. 20.12    Sec. 3. Minnesota Statutes 2012, section 254A.04, is amended to read: 20.13254A.04 CITIZENS ADVISORY COUNCIL. 20.14There is hereby created an Alcohol and Other Drug Abuse Advisory Council to 20.15advise the Department of Human Services concerning the problems of alcohol and 20.16other drug dependency and abuse, composed of ten members. Five members shall be 20.17individuals whose interests or training are in the field of alcohol dependency and abuse; 20.18and five members whose interests or training are in the field of dependency and abuse of 20.19drugs other than alcohol. The terms, compensation and removal of members shall be as 20.20provided in section 15.059. The council expires June 30, 2014, or in accordance with 20.21section , whichever is later. The commissioner of human services shall appoint 20.22members whose terms end in even-numbered years. The commissioner of health shall 20.23appoint members whose terms end in odd-numbered years. 20.24    Sec. 4. Minnesota Statutes 2012, section 256B.093, subdivision 1, is amended to read: 20.25    Subdivision 1. State traumatic brain injury program. The commissioner of 20.26human services shall: 20.27    (1) maintain a statewide traumatic brain injury program; 20.28    (2) supervise and coordinate services and policies for persons with traumatic brain 20.29injuries; 20.30    (3) contract with qualified agencies or employ staff to provide statewide 20.31administrative case management and consultation; 20.32    (4) maintain an advisory committee to provide recommendations in reports to the 20.33commissioner regarding program and service needs of persons with brain injuries; 21.1    (5) investigate the need for the development of rules or statutes for the brain injury 21.2home and community-based services waiver; 21.3    (6) investigate present and potential models of service coordination which can be 21.4delivered at the local level; and 21.5    (7) the advisory committee required by clause (4) must consist of no fewer than ten 21.6members and no more than 30 members. The commissioner shall appoint all advisory 21.7committee members to one- or two-year terms and appoint one member as chair. 21.8Notwithstanding section 15.059, subdivision 5, the advisory committee does not terminate 21.9until June 30, 2014, or in accordance with section , whichever is later. 21.10    Sec. 5. Minnesota Statutes 2012, section 260.835, subdivision 2, is amended to read: 21.11    Subd. 2. Expiration. Notwithstanding section 15.059, subdivision 5, the American 21.12Indian Child Welfare Advisory Council expires June 30, 2014, or in accordance with 21.13section , whichever is later. 21.14    Sec. 6. Laws 2012, chapter 278, article 1, section 5, is amended to read: 21.15    Sec. 5. COUNCIL ON BLACK MINNESOTANS. 21.16The Office of the Legislative Auditor should conduct a financial audit of the 21.17Council on Black Minnesotans by December 1, 2013. In its next report to the Sunset 21.18Advisory Commission new text begin governor and legislature under Minnesota Statutes, section 3.9225, new text end 21.19 new text begin subdivision 7 new text end , the Council on Black Minnesotans must respond to any issues raised in this 21.20audit and to issues raised in previous audits. 21.21    Sec. 7. Laws 2012, chapter 278, article 2, section 27, is amended to read: 21.22    Sec. 27. HEALTH-RELATED LICENSING BOARDS REPORTING 21.23OBLIGATIONS. 21.24    (a) By January 15, 2013, the health-related boards and the commissioner of health, 21.25as the regulator for occupational therapy practitioners, speech-language pathologists, 21.26audiologists, and hearing instrument dispensers, shall jointly study and submit draft 21.27legislation to the Sunset Commission and the chairs and ranking minority members of 21.28the legislative committees with jurisdiction over health and human services developing 21.29consistent reporting requirements that require institutions, professional societies, other 21.30licensed professionals, courts, insurers, and other entities to report conduct constituting 21.31grounds for disciplinary action to the respective regulatory entity. The study and draft 21.32legislation shall include a self-reporting requirement that requires the licensed individual 21.33to report to the respective regulatory entity any action that would require a report to be 22.1filed by another specified entity. The study and draft legislation shall also include penalties 22.2that may be imposed for failure to report. 22.3    (b) Health-related boards with existing statutory reporting obligations shall 22.4participate to ensure that the existing reporting requirements are consistent with the 22.5recommended requirements and draft legislation. 22.6    Sec. 8. Laws 2012, chapter 278, article 2, section 34, is amended to read: 22.7    Sec. 34. BOARD OF MEDICAL PRACTICE REVIEW. 22.8    The legislative auditor is requested to conduct a special investigation of the 22.9Minnesota Board of Medical Practice and its implementation of the Medical Practice 22.10Act. The legislative auditor is requested to submit the results of the investigation to the 22.11Legislative Audit Commission, the Sunset Advisory Commission, and the chairs and 22.12ranking minority members of the senate and house of representatives policy committees 22.13having jurisdiction over the board by January 1, 2013. 22.14    Sec. 9. new text begin REVISOR'S INSTRUCTION. new text end 22.15 new text begin The revisor of statutes shall delete all references to "the Sunset Advisory new text end 22.16 new text begin Commission" wherever they appear in Minnesota Statutes, and shall make other changes new text end 22.17 new text begin as necessary in Minnesota Statutes as a result of the enactment of this article. new text end 22.18    Sec. 10. new text begin REPEALER. new text end 22.19 new text begin (a) new text end new text begin Minnesota Statutes 2012, sections 3D.01; 3D.02; 3D.03; 3D.04; 3D.045; 3D.05; new text end 22.20 new text begin 3D.06; 3D.065; 3D.07; 3D.08; 3D.09; 3D.10; 3D.11; 3D.12; 3D.13; 3D.14; 3D.15; 3D.16; new text end 22.21 new text begin 3D.17; 3D.18; 3D.19; 3D.20; and 3D.21, subdivisions 2, 3, 4, 5, 6, 7, and 8, new text end new text begin are repealed. new text end 22.22 new text begin (b) new text end new text begin Laws 2012, chapter 278, article 1, section 6, new text end new text begin is repealed. new text end 22.23    Sec. 11. new text begin EFFECTIVE DATE. new text end 22.24 new text begin Sections 1 to 10 are effective the day following final enactment. new text end 22.25ARTICLE 3 22.26STATE GOVERNMENT OPERATIONS 22.27    Section 1. Minnesota Statutes 2012, section 3.30, subdivision 2, is amended to read: 22.28    Subd. 2. Members; duties. new text begin (a) new text end The majority leader of the senate or a designee, the 22.29chair of the senate Committee on Finance, and the chair of the senate Division of Finance 22.30responsible for overseeing the items being considered by the commission, the speaker of 22.31the house or a designee, the chair of the house of representatives Committee on Ways and 23.1Means, and the chair of the appropriate finance committee, or division of the house of 23.2representatives committee responsible for overseeing the items being considered by the 23.3commissioner, constitute the Legislative Advisory Commission. The division chair of the 23.4Finance Committee in the senate and the division chair of the appropriate finance committee 23.5or division in the house of representatives shall rotate according to the items being 23.6considered by the commission. If any of the members elect not to serve on the commission, 23.7the house of which they are members, if in session, shall select some other member for 23.8the vacancy. If the legislature is not in session, vacancies in the house of representatives 23.9membership of the commission shall be filled by the last speaker of the house or, if the 23.10speaker is not available, by the last chair of the house of representatives Rules Committee, 23.11and by the last senate Committee on Committees or other appointing authority designated 23.12by the senate rules in case of a senate vacancy. The commissioner of management and 23.13budget shall be secretary of the commission and keep a permanent record and minutes of 23.14its proceedings, which are public records. The commissioner of management and budget 23.15shall transmit, under section 3.195, a report to the next legislature of all actions of the 23.16commission. Members shall receive traveling and subsistence expenses incurred attending 23.17meetings of the commission. The commission shall meet from time to time upon the call of 23.18the governor or upon the call of the secretary at the request of two or more of its members. 23.19A recommendation of the commission must be made at a meeting of the commission 23.20unless a written recommendation is signed by all the members entitled to vote on the item. 23.21 new text begin (b) The chair alternates between a member of the senate and a member of the house new text end 23.22 new text begin of representatives in January of each odd-numbered year. new text end 23.23    Sec. 2. Minnesota Statutes 2012, section 3.303, is amended by adding a subdivision to 23.24read: 23.25     new text begin Subd. 11. new text end new text begin Acceptance of grants and gifts. new text end new text begin The commission may accept gifts new text end 23.26 new text begin and grants for purposes related to the duties of the commission. Money received by the new text end 23.27 new text begin commission from gifts and grants is appropriated to the commission for purposes specified new text end 23.28 new text begin in the gift or grant. new text end 23.29    Sec. 3. Minnesota Statutes 2012, section 3.85, subdivision 8, is amended to read: 23.30    Subd. 8. Expenses, reimbursement. The members of the commission and its 23.31assistants new text begin staff new text end shall be reimbursed for all expenses actually and necessarily incurred in 23.32the performance of their duties. Reimbursement for expenses incurred shall be made 23.33under the rules governing state employees new text begin in accordance with policies adopted by the new text end 23.34 new text begin Legislative Coordinating Commission new text end . 24.1    Sec. 4. Minnesota Statutes 2012, section 3.85, subdivision 9, is amended to read: 24.2    Subd. 9. Expenses and reports. Expenses of the commission shall be approved 24.3by the chair or another member as the rules of the commission provide. The expenses 24.4shall then be paid like other state expenses. A general summary or statement of expenses 24.5incurred by the commission and paid shall be made to the legislature by November 15 of 24.6each even-numbered year. 24.7    Sec. 5. Minnesota Statutes 2012, section 3.971, subdivision 6, is amended to read: 24.8    Subd. 6. Financial audits. The legislative auditor shall audit the financial 24.9statements of the state of Minnesota required by section 16A.50 and, as resources permit, 24.10shall audit Minnesota State Colleges and Universities, the University of Minnesota, state 24.11agencies, departments, boards, commissions, new text begin offices, new text end courts, and other state organizations 24.12subject to audit by the legislative auditor, including new text begin , but not limited to, new text end the State 24.13Agricultural Society, Agricultural Utilization Research Institute, Enterprise Minnesota, 24.14Inc., Minnesota Historical Society, Labor Interpretive Center, Minnesota Partnership 24.15for Action Against Tobacco, Metropolitan Sports Facilities Commission new text begin ClearWay new text end 24.16 new text begin Minnesota new text end , Minnesota Sports Facilities Authority, Metropolitan Airports Commission, and 24.17Metropolitan Mosquito Control District. Financial audits must be conducted according to 24.18generally accepted government auditing standards. The legislative auditor shall see that 24.19all provisions of law respecting the appropriate and economic use of public funds new text begin and new text end 24.20 new text begin other public resources new text end are complied with and may, as part of a financial audit or separately, 24.21investigate allegations of noncompliance. 24.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 24.23    Sec. 6. Minnesota Statutes 2012, section 3.971, is amended by adding a subdivision to 24.24read: 24.25     new text begin Subd. 6a. new text end new text begin Data security audits. new text end new text begin The legislative auditor shall audit, as resources new text end 24.26 new text begin permit, information and data systems supported with public funds and operated by an new text end 24.27 new text begin organization listed in subdivision 6. The audits shall include an assessment of controls new text end 24.28 new text begin designed to protect government data, particularly government data classified as not new text end 24.29 new text begin public by chapter 13, from unauthorized access and use. The audits shall also include an new text end 24.30 new text begin assessment of organizations' compliance with other applicable legal requirements related new text end 24.31 new text begin to the operation of information and data systems and proper classification and protection new text end 24.32 new text begin of the data contained in the systems. new text end 24.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 25.1    Sec. 7. Minnesota Statutes 2012, section 3.971, is amended by adding a subdivision to 25.2read: 25.3     new text begin Subd. 9. new text end new text begin Obligation to notify the legislative auditor. new text end new text begin The chief executive, new text end 25.4 new text begin financial, or information officers of an organization subject to audit under this section, new text end 25.5 new text begin must promptly notify the legislative auditor when the officer obtains information new text end 25.6 new text begin indicating that public money or other public resources may have been used for an unlawful new text end 25.7 new text begin purpose, or when the officer obtains information indicating that government data classified new text end 25.8 new text begin by chapter 13 as not public may have been accessed or used unlawfully. As necessary, new text end 25.9 new text begin the legislative auditor shall coordinate an investigation of the allegation with appropriate new text end 25.10 new text begin law enforcement officials. new text end 25.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 25.12    Sec. 8. new text begin [5.38] AUTHORITY TO ACCEPT FUNDS. new text end 25.13 new text begin The secretary of state may enter into agreements with a local governmental unit to new text end 25.14 new text begin provide a technological service or project to enhance the state's election system. The new text end 25.15 new text begin secretary of state and the local governmental unit shall agree to the amount of consideration new text end 25.16 new text begin to be paid under the agreement. In addition, the secretary of state may accept federal funds new text end 25.17 new text begin for election purposes. If the secretary of state accepts federal funds and the terms of the new text end 25.18 new text begin grant do not require the state to maintain its effort, section 3.3005 does not apply. If the new text end 25.19 new text begin secretary of state accepts federal funds and the terms of the grant do require the state to new text end 25.20 new text begin maintain its effort, section 3.3005 applies. The funds accepted under this section must be new text end 25.21 new text begin deposited in accounts in the special revenue fund and are appropriated to the secretary of new text end 25.22 new text begin state for the uses authorized by this section. The secretary of state shall report by January new text end 25.23 new text begin 15 each year to the chair and ranking minority members of the finance committees of the new text end 25.24 new text begin house of representatives and the senate with jurisdiction over the secretary of state the total new text end 25.25 new text begin amounts received in the preceding calendar year, the sources of those funds, and the uses new text end 25.26 new text begin to which those funds were or will be put. For purposes of this section, "local governmental new text end 25.27 new text begin unit" means a county, home rule charter or statutory city, town, or school district. new text end 25.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 25.29    Sec. 9. new text begin [5B.12] AUTHORITY TO ACCEPT FUNDS. new text end 25.30 new text begin Notwithstanding sections 16A.013 to 16A.016, the secretary of state may accept new text end 25.31 new text begin funds contributed by individuals and may apply for grants from charitable foundations, to new text end 25.32 new text begin be used for the address confidentiality program established in section 5B.03. In addition, new text end 25.33 new text begin the secretary of state may apply for grants from the federal government for purposes of the new text end 26.1 new text begin address confidentiality program. If the secretary of state accepts federal funds and the terms new text end 26.2 new text begin of the grant do not require the state to maintain its effort, section 3.3005 does not apply. If new text end 26.3 new text begin the secretary of state accepts federal funds and the terms of the grant do require the state to new text end 26.4 new text begin maintain its effort, section 3.3005 applies. The funds accepted under this section must be new text end 26.5 new text begin deposited in accounts in the special revenue fund and are appropriated to the secretary of new text end 26.6 new text begin state for use in the address confidentiality program. The secretary of state shall report by new text end 26.7 new text begin January 15 each year to the chair and ranking minority members of the finance committees new text end 26.8 new text begin of the house of representatives and the senate with jurisdiction over the secretary of state the new text end 26.9 new text begin total amounts received in the preceding calendar year, the sources of those funds, and the new text end 26.10 new text begin uses to which those funds were or will be put. Any contributions from program participants new text end 26.11 new text begin must be aggregated, and the names of program participants must not be reported. new text end 26.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 26.13    Sec. 10. new text begin [6.475] CITY AND TOWN ACCOUNTING SYSTEM SOFTWARE. new text end 26.14 new text begin (a) The state auditor may charge a onetime user fee to cities, towns, and other new text end 26.15 new text begin government entities for the development, maintenance, and distribution of the small city new text end 26.16 new text begin and town accounting system software. The amount of this fee shall be set by the state new text end 26.17 new text begin auditor in consultation with the Minnesota Association of Townships, the League of new text end 26.18 new text begin Minnesota Cities, and the Minnesota Association of Small Cities. new text end 26.19 new text begin (b) A city and town accounting systems (CTAS) account is established in the special new text end 26.20 new text begin revenue fund. new text end 26.21 new text begin (c) Amounts received under paragraph (a) shall be credited to the CTAS account in new text end 26.22 new text begin the special revenue fund and are appropriated to the state auditor for all costs associated new text end 26.23 new text begin with the development, maintenance, and distribution of the small city and town accounting new text end 26.24 new text begin system software. If at any time the small city and town accounting system software ceases new text end 26.25 new text begin to be offered by the state auditor, any amount remaining in the CTAS account shall be new text end 26.26 new text begin equitably refunded to users. The amount of the refund shall be set by the state auditor new text end 26.27 new text begin in consultation with the Minnesota Association of Townships, the League of Minnesota new text end 26.28 new text begin Cities, and the Minnesota Association of Small Cities, and the account shall be closed. new text end 26.29    Sec. 11. Minnesota Statutes 2012, section 6.48, is amended to read: 26.306.48 EXAMINATION OF COUNTIES; COST, FEES. 26.31All the powers and duties conferred and imposed upon the state auditor shall be 26.32exercised and performed by the state auditor in respect to the offices, institutions, public 26.33property, and improvements of several counties of the state. At least once in each year, 27.1if funds and personnel permit, the state auditor may visit, without previous notice, each 27.2county and make a thorough examination of all accounts and records relating to the 27.3receipt and disbursement of the public funds and the custody of the public funds and 27.4other property. If the audit is performed by a private certified public accountant, the state 27.5auditor may require additional information from the private certified public accountant as 27.6the state auditor deems in the public interest. The state auditor may accept the audit or 27.7make additional examinations as the state auditor deems to be in the public interest. The 27.8state auditor shall prescribe and install systems of accounts and financial reports that shall 27.9be uniform, so far as practicable, for the same class of offices. A copy of the report of 27.10such examination shall be filed and be subject to public inspection in the office of the state 27.11auditor and another copy in the office of the auditor of the county thus examined. The state 27.12auditor may accept the records and audit, or any part thereof, of the Department of Human 27.13Services in lieu of examination of the county social welfare funds, if such audit has been 27.14made within any period covered by the state auditor's audit of the other records of the 27.15county. If any such examination shall disclose malfeasance, misfeasance, or nonfeasance 27.16in any office of such county, such report shall be filed with the county attorney of the 27.17county, and the county attorney shall institute such civil and criminal proceedings as the 27.18law and the protection of the public interests shall require. 27.19The county receiving any examination shall pay to the state general fund, 27.20notwithstanding the provisions of section , new text begin state auditor enterprise fund new text end the total 27.21cost and expenses of such examinations, including the salaries paid to the examiners 27.22while actually engaged in making such examination. The state auditor on deeming it 27.23advisable may bill counties, having a population of 200,000 or over, monthly new text begin periodically new text end 27.24 for services rendered and the officials responsible for approving and paying claims shall 27.25cause said bill to be promptly paid. The general new text begin state auditor enterprise new text end fund shall be 27.26credited with all collections made for any such examinations. 27.27    Sec. 12. Minnesota Statutes 2012, section 6.56, subdivision 2, is amended to read: 27.28    Subd. 2. Billings by state auditor. Upon the examination of the books, records, 27.29accounts, and affairs of any political subdivision, as provided by law, such political 27.30subdivision shall be liable to the state for the total cost and expenses of such examination, 27.31including the salaries paid to the examiners while actually engaged in making such 27.32examination. The state auditor may bill such political subdivision monthly new text begin periodically new text end 27.33 for service rendered and the officials responsible for approving and paying claims are 27.34authorized to pay said bill promptly. Said payments shall be without prejudice to any 27.35defense against said claims that may exist or be asserted. The general new text begin state auditor new text end 28.1 new text begin enterprise new text end fund shall be credited with all collections made for any such examinations, 28.2including interest payments made pursuant to subdivision 3. 28.3    Sec. 13. new text begin [6.581] STATE AUDITOR ENTERPRISE FUND. new text end 28.4     new text begin Subdivision 1. new text end new text begin State auditor enterprise fund. new text end new text begin A state auditor enterprise fund new text end 28.5 new text begin is established in the state treasury. All amounts received for the costs and expenses of new text end 28.6 new text begin examinations performed under this chapter shall be credited to the fund. Amounts credited new text end 28.7 new text begin to the fund are annually appropriated to the state auditor to pay the costs and expenses new text end 28.8 new text begin related to the examinations performed, including, but not limited to, salaries, office new text end 28.9 new text begin overhead, equipment, authorized contracts, and other expenses. new text end 28.10     new text begin Subd. 2. new text end new text begin Contract with private parties; equipment acquisition. new text end new text begin When full-time new text end 28.11 new text begin personnel are not available, the state auditor may contract with a private entity for new text end 28.12 new text begin accounting and other technical services. Notwithstanding any law to the contrary, the new text end 28.13 new text begin acquisition of equipment may include duplicating equipment to be used in producing the new text end 28.14 new text begin reports issued by the Office of the State Auditor. new text end 28.15     new text begin Subd. 3. new text end new text begin Schedule of charges. new text end new text begin The state auditor may adjust the schedule of charges new text end 28.16 new text begin for the examinations performed so that the charges are sufficient to cover all costs of the new text end 28.17 new text begin examinations performed and that the aggregate charges collected are sufficient to pay all new text end 28.18 new text begin salaries and other expenses, including the charges for the use of the equipment used in new text end 28.19 new text begin connection with the reimbursable examinations performed, and the cost of contracting for new text end 28.20 new text begin accounting and other technical services. The schedule of charges shall be based on an new text end 28.21 new text begin estimate of the cost of performing reimbursable examinations including, but not limited new text end 28.22 new text begin to, salaries, office overhead, equipment, authorized contracts, and other expenses. The new text end 28.23 new text begin state auditor may allocate a proportionate part of the total costs to an hourly or daily new text end 28.24 new text begin charge for each person or class of persons engaged in the performance of an examination. new text end 28.25 new text begin The schedule of charges shall reflect an equitable charge for the expenses incurred in the new text end 28.26 new text begin performance of any given examination. The state auditor shall review and adjust the new text end 28.27 new text begin schedule of charges for the examinations performed at least annually. All schedules of new text end 28.28 new text begin charges must be approved by the commissioner of management and budget before the new text end 28.29 new text begin charges are adopted to ensure that the amount collected is sufficient to pay all the costs new text end 28.30 new text begin connected with the examinations performed during the fiscal year. new text end 28.31     new text begin Subd. 4. new text end new text begin Reports to legislature. new text end new text begin At least 30 days before implementing increased new text end 28.32 new text begin charges for examinations, the state auditor must report the proposed increases to the new text end 28.33 new text begin chairs and ranking minority members of the committees in the house of representatives new text end 28.34 new text begin and the senate with jurisdiction over the budget of the state auditor. By January 15 of new text end 28.35 new text begin each odd-numbered year, the state auditor must report to the chairs and ranking minority new text end 29.1 new text begin members of the legislative committees and divisions with primary jurisdiction over new text end 29.2 new text begin the budget of the state auditor, a summary of state auditor enterprise fund anticipated new text end 29.3 new text begin revenues, and expenditures for the biennium ending June 30 of that year. The report new text end 29.4 new text begin must also include for the biennium the number of full-time equivalents paid by the fund, new text end 29.5 new text begin any audit rate changes stated as a percentage, the number of audit reports issued, and new text end 29.6 new text begin the number of counties audited. new text end 29.7    Sec. 14. Minnesota Statutes 2012, section 13.591, subdivision 3, is amended to read: 29.8    Subd. 3. Business as vendor. (a) Data submitted by a business to a government 29.9entity in response to a request for bids as defined in section 16C.02, subdivision 11, are 29.10private or nonpublic until the bids are opened. Once the bids are opened, new text begin the time and date new text end 29.11 new text begin specified in the solicitation that bids are due, at which time new text end the name of the bidder and the 29.12dollar amount specified in the response are read and become public. All other data in a 29.13bidder's response to a bid are private or nonpublic data until completion of the selection 29.14process. For purposes of this section, "completion of the selection process" means that 29.15the government entity has completed its evaluation and has ranked the responses. After a 29.16government entity has completed the selection process, all remaining data submitted by 29.17all bidders are public with the exception of trade secret data as defined and classified in 29.18section 13.37. A statement by a bidder that submitted data are copyrighted or otherwise 29.19protected does not prevent public access to the data contained in the bid. 29.20If all responses to a request for bids are rejected prior to completion of the selection 29.21process, all data, other than that made public at the bid opening new text begin the name of the bidder new text end 29.22 new text begin and the dollar amount specified in the response new text end , remain private or nonpublic until a 29.23resolicitation of bids results in completion of the selection process or a determination is 29.24made to abandon the purchase. If the rejection occurs after the completion of the selection 29.25process, the data remain public. If a resolicitation of bids does not occur within one year 29.26of the bid opening date, the remaining data become public. 29.27(b) Data submitted by a business to a government entity in response to a request 29.28for proposal, as defined in section 16C.02, subdivision 12, are private or nonpublic until 29.29the responses are opened. Once the responses are opened, new text begin the time and date specified in new text end 29.30 new text begin the solicitation that proposals are due, at which time new text end the name of the responder is read 29.31and becomes public. All other data in a responder's response to a request for proposal are 29.32private or nonpublic data until completion of the evaluation process. For purposes of this 29.33section, "completion of the evaluation process" means that the government entity has 29.34completed negotiating the contract with the selected vendor. After a government entity 29.35has completed the evaluation process, all remaining data submitted by all responders are 30.1public with the exception of trade secret data as defined and classified in section 13.37. A 30.2statement by a responder that submitted data are copyrighted or otherwise protected does 30.3not prevent public access to the data contained in the response. 30.4If all responses to a request for proposal are rejected prior to completion of the 30.5evaluation process, all data, other than that made public at the response opening, new text begin the new text end 30.6 new text begin names of the responders, new text end remain private or nonpublic until a resolicitation of the requests 30.7for proposal results in completion of the evaluation process or a determination is made 30.8to abandon the purchase. If the rejection occurs after the completion of the evaluation 30.9process, the data remain public. If a resolicitation of proposals does not occur within one 30.10year of the proposal opening date, the remaining data become public. 30.11    Sec. 15. Minnesota Statutes 2012, section 16A.10, subdivision 1c, is amended to read: 30.12    Subd. 1c. Performance measures for change items. For each change item in the 30.13budget proposal requesting new or increased funding, the budget document must present 30.14proposed performance measures that can be used to determine if the new or increased 30.15funding is accomplishing its goals. To the extent possible, each budget change item 30.16must identify relevant Minnesota Milestones and other statewide goals and indicators 30.17related to the proposed initiative. The commissioner must report to the Subcommittee on 30.18Government Accountability established under section 3.885, subdivision 10, regarding the 30.19format to be used for the presentation and selection of Minnesota Milestones and other 30.20statewide goals and indicators. 30.21    Sec. 16. Minnesota Statutes 2012, section 16C.02, subdivision 13, is amended to read: 30.22    Subd. 13. Resident vendor. "Resident vendor" means a person, firm, or corporation 30.23 new text begin that: new text end 30.24 new text begin (1) is new text end authorized to conduct business in the state of Minnesota on the date a 30.25solicitation for a contract is first advertised or announced. It includes a foreign corporation 30.26duly authorized to engage in business in Minnesota. new text begin ; new text end 30.27 new text begin (2) has paid unemployment taxes or income taxes in this state during the 12 calendar new text end 30.28 new text begin months immediately preceding submission of the bid or proposal for which any preference new text end 30.29 new text begin is sought; new text end 30.30 new text begin (3) has a business address in the state; and new text end 30.31 new text begin (4) has affirmatively claimed that status in the bid or proposal submission. new text end 30.32    Sec. 17. Minnesota Statutes 2012, section 16C.06, subdivision 2, is amended to read: 31.1    Subd. 2. Solicitation process. (a) A formal solicitation must be used to acquire all 31.2goods, service contracts, and utilities estimated at or more than $50,000, or in the case of 31.3a Department of Transportation solicitation, at or more than $100,000, unless otherwise 31.4provided for. All formal responses must be sealed when they are received and must be 31.5opened in public at the hour stated in the solicitation new text begin made publicly available as required new text end 31.6 new text begin by section 13.591 new text end . Formal responses must be authenticated by the responder in a manner 31.7specified by the commissioner. 31.8(b) An informal solicitation may be used to acquire all goods, service contracts, 31.9and utilities that are estimated at less than $50,000, or in the case of a Department of 31.10Transportation solicitation, at or less than $100,000. The number of vendors required to 31.11receive solicitations may be determined by the commissioner. Informal responses must be 31.12authenticated by the responder in a manner specified by the commissioner. 31.13    Sec. 18. Minnesota Statutes 2012, section 16C.09, is amended to read: 31.1416C.09 PROCEDURE FOR SERVICE CONTRACTS. 31.15(a) Before entering into or approving a service contract new text begin valued in excess of $5,000 new text end , 31.16the commissioner must determine, at least, that: 31.17(1) no current state employee is able and available to perform the services called 31.18for by the contract; 31.19(2) the work to be performed under the contract is necessary to the agency's 31.20achievement of its statutory responsibilities and there is statutory authority to enter into 31.21the contract; 31.22(3) the contract will not establish an employment relationship between the state or 31.23the agency and any persons performing under the contract; 31.24(4) the contractor and agents are not employees of the state; 31.25(5) the contracting agency has specified a satisfactory method of evaluating and 31.26using the results of the work to be performed; and 31.27(6) the combined contract and amendments will not exceed five years without 31.28specific, written approval by the commissioner according to established policy, procedures, 31.29and standards, or unless otherwise provided for by law. The term of the original contract 31.30must not exceed two years, unless the commissioner determines that a longer duration is 31.31in the best interest of the state. 31.32(b) For purposes of paragraph (a), clause (1), employees are available if qualified and: 31.33(1) are already doing the work in question; or 31.34(2) are on layoff status in classes that can do the work in question. 32.1An employee is not available if the employee is doing other work, is retired, or has decided 32.2not to do the work in question. 32.3(c) This section does not apply to an agency's use of inmates pursuant to sections 32.4241.20 to 241.23 or to an agency's use of persons required by a court to provide: 32.5(1) community service; or 32.6(2) conservation or maintenance services on lands under the jurisdiction and control 32.7of the state. 32.8    Sec. 19. Minnesota Statutes 2012, section 16C.10, subdivision 6, is amended to read: 32.9    Subd. 6. Expenditures under specified amounts. The solicitation process 32.10described in this chapter is not required for: 32.11(1) acquisition of goods or services, other than professional or technical services, 32.12in an amount of $2,500 new text begin $5,000 new text end or less; or 32.13(2) acquisition of professional or technical services in an amount of $5,000 or less, 32.14provided the requirements of section 16C.08, subdivisions 3 to 6, are met. 32.15    Sec. 20. Minnesota Statutes 2012, section 16C.145, is amended to read: 32.1616C.145 NONVISUAL TECHNOLOGY ACCESS STANDARDS. 32.17    (a) The commissioner shall develop nonvisual technology access standards. The 32.18standards must be included in all contracts for the procurement of information technology 32.19by, or for the use of, agencies, political subdivisions, and the Minnesota State Colleges and 32.20Universities. The University of Minnesota is encouraged to consider similar standards. 32.21    (b) The nonvisual access standards must include the following minimum 32.22specifications: 32.23    (1) that effective, interactive control and use of the technology including the 32.24operating system, applications programs, prompts, and format of the data presented, are 32.25readily achievable by nonvisual means; 32.26    (2) that the nonvisual access technology must be compatible with information 32.27technology used by other individuals with whom the blind or visually impaired individual 32.28must interact; 32.29    (3) that nonvisual access technology must be integrated into networks used to share 32.30communications among employees, program participants, and the public; and 32.31    (4) that the nonvisual access technology must have the capability of providing 32.32equivalent access by nonvisual means to telecommunications or other interconnected 32.33network services used by persons who are not blind or visually impaired. 33.1    (c) Nothing in this section requires the installation of software or peripheral devices 33.2used for nonvisual access when the information technology is being used by individuals 33.3who are not blind or visually impaired. 33.4     new text begin (d) Executive branch state agencies subject to section 16E.03, subdivision 9, are not new text end 33.5 new text begin required to include nonvisual technology access standards developed under this section in new text end 33.6 new text begin contracts for the procurement of information technology. new text end 33.7    Sec. 21. Minnesota Statutes 2012, section 16C.33, subdivision 3, is amended to read: 33.8    Subd. 3. Solicitation of qualifications or proposals. (a) Every user agency, except 33.9the Capitol Area Architectural and Planning Board, shall submit a written request for a 33.10design-builder for its project to the commissioner who shall forward the request to the 33.11board, consistent with section 16B.33, subdivision 3, paragraph (a). The University of 33.12Minnesota shall follow the process in subdivision 4 to select design-builders for projects 33.13that are subject to section 16B.33. The written request must include a description of the 33.14project, the total project cost, a description of any special requirements or unique features 33.15of the proposed project, and other information requested by the board which will assist the 33.16board in carrying out its duties and responsibilities set forth in this section. 33.17(b) A request for qualifications or proposals soliciting design-builders shall be 33.18prepared for each design-build contract pursuant to subdivision 5 or 7. The request for 33.19qualifications or proposals shall contain, at a minimum, the following elements: 33.20(1) the identity of the agency for which the project will be built and that will award 33.21the design-build contract; 33.22(2) procedures for submitting qualifications or proposals, the criteria for evaluation 33.23of qualifications or proposals and the relative weight for each criterion and subcriterion, 33.24and the procedures for making awards according to the stated criteria and subcriteria, 33.25including a reference to the requirements of this section; 33.26(3) the proposed terms and conditions for the contract; 33.27(4) the desired qualifications of the design-builder and the desired or permitted 33.28areas of construction to be performed by named members of the design-build team, if 33.29applicable. The primary designer shall be a named member of the design-build team; 33.30(5) the schedule for commencement and completion of the project; 33.31(6) any applicable budget limits for the project; 33.32(7) the requirements for insurance and statutorily required performance and payment 33.33bonds; 33.34(8) the identification and location of any other information in the possession or 33.35control of the agency that the user agency determines is material, which may include 34.1surveys, soils reports, drawings or models of existing structures, environmental studies, 34.2photographs, or references to public records; 34.3(9) for a design-build design and price-based selection process, the request shall 34.4also include the design criteria package, including the performance and technical 34.5requirements for the project, and the functional and operational elements for the delivery 34.6of the completed project. The request shall also contain a description of the drawings, 34.7specifications, or other submittals to be included with the proposal, with guidance as to 34.8the form and level of completeness of the drawings, specifications or submittals that will 34.9be acceptable, and the stipend to be paid to the design-builders selected to submit the 34.10above described information; and 34.11(10) the criteria shall not impose unnecessary conditions beyond reasonable 34.12requirements to ensure maximum participation of qualified design-builders. The criteria 34.13shall not consider the collective bargaining status of the design-builder. 34.14(c) Notice of requests for qualifications or proposals must be advertised in the State 34.15Register new text begin a manner designated by the commissioner new text end . 34.16    Sec. 22. Minnesota Statutes 2012, section 16C.34, subdivision 1, is amended to read: 34.17    Subdivision 1. Solicitation of qualifications. (a) Every user agency, except 34.18the Capitol Area Architectural and Planning Board, shall submit a written request for 34.19proposals for a construction manager at risk for its project to the commissioner. The 34.20written request for proposals must include a description of the project, the estimated cost 34.21of completing the project, a description of any special requirements or unique features of 34.22the proposed project, and other information which will assist the commissioner in carrying 34.23out its duties and responsibilities set forth in this section. 34.24(b) The commissioner may include in the request for qualifications criteria a 34.25requirement that the proposer include the overhead and fee that the construction manager 34.26at risk proposes to charge for its services. 34.27(c) A request for qualifications shall be prepared for each construction manager at 34.28risk contract as provided in this section. The request for qualifications shall contain, at a 34.29minimum, the following elements: 34.30(1) the identity of the agency for which the project will be built and that will award 34.31the construction manager at risk contract; 34.32(2) procedures for submitting qualifications, the criteria and subcriteria for evaluation 34.33of qualifications and the relative weight for each criteria and subcriteria, and the procedures 34.34for making awards in an open, competitive, and objective manner, and according to the 34.35stated criteria and subcriteria, including a reference to the requirements of this section; 35.1(3) the terms and conditions for the contract; 35.2(4) the qualifications that the construction manager at risk shall be desired to have; 35.3(5) a schedule for commencement and completion of the project; 35.4(6) any applicable budget limits for the project; 35.5(7) requirements for insurance, statutorily required performance and payment bonds; 35.6(8) identification and location of any other information in the possession or control 35.7of the agency that the user agency determines is material, which may include surveys, soils 35.8reports, drawings or models of existing structures, environmental studies, photographs, or 35.9references to public records; and 35.10(9) criteria shall not impose unnecessary conditions beyond reasonable requirements 35.11to ensure maximum participation of construction managers at risk. The criteria shall not 35.12consider the collective bargaining status of the construction manager at risk. 35.13(d) Notice of requests for qualifications must be advertised in the State Register new text begin a new text end 35.14 new text begin manner designated by the commissioner new text end . 35.15    Sec. 23. new text begin [16E.0466] STATE AGENCY TECHNOLOGY PROJECTS. new text end 35.16     new text begin Every state agency with an information or telecommunications project must consult new text end 35.17 new text begin with the Office of Enterprise Technology to determine the information technology cost new text end 35.18 new text begin of the project. Upon agreement between the commissioner of a particular agency and new text end 35.19 new text begin the chief information officer, the agency must transfer the information technology cost new text end 35.20 new text begin portion of the project to the Office of Enterprise Technology. Service level agreements new text end 35.21 new text begin must document all project-related transfers under this section. Those agencies specified in new text end 35.22 new text begin section 16E.016, paragraph (d), are exempt from the requirements of this section. new text end 35.23    Sec. 24. Minnesota Statutes 2012, section 16E.07, is amended by adding a subdivision 35.24to read: 35.25     new text begin Subd. 12. new text end new text begin Private entity services; fee authority. new text end new text begin (a) The office may enter into a new text end 35.26 new text begin contract with a private entity to manage, maintain, support, and expand North Star and new text end 35.27 new text begin online government information services to citizens and businesses. new text end 35.28     new text begin (b) A contract established under paragraph (a) may provide for compensation of the new text end 35.29 new text begin private entity through a fee established under paragraph (c). new text end 35.30     new text begin (c) The office, subject to the approval of the agency or office responsible for the new text end 35.31 new text begin data or services involved in the transaction, may charge and may authorize a private new text end 35.32 new text begin entity that enters into a contract under paragraph (a) to charge a convenience fee for new text end 35.33 new text begin users of North Star and online government information services up to a total of $2 per new text end 35.34 new text begin transaction, provided that no fee shall be charged for viewing or inspecting data. The new text end 36.1 new text begin office shall consider the recommendation of the E-Government Advisory Council under new text end 36.2 new text begin section 16E.071 in setting the convenience fee. A fee established under this paragraph is new text end 36.3 new text begin in addition to any fees or surcharges authorized under other law. new text end 36.4     new text begin (d) Receipts from the convenience fee shall be deposited in the North Star account new text end 36.5 new text begin established in subdivision 7. Notwithstanding section 16A.1285, subdivision 2, receipts new text end 36.6 new text begin credited to the account are appropriated to the office for payment to the contracted private new text end 36.7 new text begin entity under paragraph (a). In lieu of depositing the receipts in the North Star account, the new text end 36.8 new text begin office can directly transfer the receipts to the private entity or allow the private entity to new text end 36.9 new text begin retain the receipts pursuant to a contract established under this subdivision. new text end 36.10     new text begin (e) The office shall report to the chairs and ranking minority members of the house new text end 36.11 new text begin of representatives and senate committees with jurisdiction over state government finance new text end 36.12 new text begin by January 15 of each odd-numbered year regarding the convenience fee receipts and new text end 36.13 new text begin the status of North Star projects and online government information services developed new text end 36.14 new text begin and supported by convenience fee receipts. new text end 36.15    Sec. 25. new text begin [16E.071] E-GOVERNMENT ADVISORY COUNCIL. new text end 36.16     new text begin Subdivision 1. new text end new text begin E-Government Advisory Council established. new text end new text begin The E-Government new text end 36.17 new text begin Advisory Council is established for the purpose of improving online government new text end 36.18 new text begin information services to citizens and businesses. new text end 36.19     new text begin Subd. 2. new text end new text begin Membership. new text end new text begin The council shall consist of nine members as follows: new text end 36.20     new text begin (1) the state chief information officer or the chief information officer's designee; new text end 36.21     new text begin (2) one public member appointed by the speaker of the house; new text end 36.22     new text begin (3) one public member appointed by the senate Subcommittee on Committees of new text end 36.23 new text begin the Rules and Administration Committee; new text end 36.24     new text begin (4) five members appointed by the governor representing state executive branch new text end 36.25 new text begin agencies that are actively involved with private businesses, the private business new text end 36.26 new text begin community, or the public; and new text end 36.27     new text begin (5) one member appointed by the governor who is knowledgeable in public access new text end 36.28 new text begin to government data. new text end 36.29     new text begin Subd. 3. new text end new text begin Initial appointments and first meeting. new text end new text begin Appointing authorities shall make new text end 36.30 new text begin the first appointments to the council by September 1, 2013. The first member appointed by new text end 36.31 new text begin the speaker of the house shall serve until the first Monday in January, 2015. The governor new text end 36.32 new text begin shall designate three initial appointees to serve until the first Monday in January 2015. The new text end 36.33 new text begin term of the other three initial appointees of the governor and the first member appointed new text end 36.34 new text begin by the senate shall be until the first Monday in January 2017. The chief information officer new text end 37.1 new text begin or the chief information officer's designee shall convene the council's first meeting by new text end 37.2 new text begin November 1, 2013, and shall act as chair until the council elects a chair at its first meeting. new text end 37.3     new text begin Subd. 4. new text end new text begin Terms; removal; vacancies; compensation. new text end new text begin Membership terms, removal new text end 37.4 new text begin of member, and filling of vacancies are as provided in section 15.059, except that members new text end 37.5 new text begin shall not receive compensation or be reimbursed for expenses and except that terms of new text end 37.6 new text begin initial appointees are as provided in subdivision 3. new text end 37.7     new text begin Subd. 5. new text end new text begin Chair. new text end new text begin The council shall annually elect a chair from its members. new text end 37.8     new text begin Subd. 6. new text end new text begin Duties. new text end new text begin The council shall recommend to the office the priority of North new text end 37.9 new text begin Star projects and online government information services to be developed and supported new text end 37.10 new text begin by convenience fee receipts. The council shall provide oversight on the convenience fee new text end 37.11 new text begin and its receipts in the North Star account. The council shall by majority quorum vote to new text end 37.12 new text begin recommend to approve or disapprove establishing the convenience fee on particular types new text end 37.13 new text begin of transactions, the fee amount, and any changes in the fee amount. If the convenience fee new text end 37.14 new text begin receipts are retained by or transferred to the private entity in lieu of deposit in the North new text end 37.15 new text begin Star account, the council may audit the private entity's convenience fee receipts, expenses new text end 37.16 new text begin paid by the receipts, and associated financial statements. new text end 37.17     new text begin Subd. 7. new text end new text begin Staff. new text end new text begin The office shall provide administrative support to the council. new text end 37.18     new text begin Subd. 8. new text end new text begin Sunset. new text end new text begin The council shall expire the first Monday in January 2017. new text end 37.19     new text begin Subd. 9. new text end new text begin Reports. new text end new text begin By June 1, 2014, and every year thereafter, the council shall new text end 37.20 new text begin report to the office with its recommendations regarding establishing the convenience fee, new text end 37.21 new text begin the fee amount, and changes to the fee amount. new text end 37.22    Sec. 26. Minnesota Statutes 2012, section 32C.04, is amended to read: 37.2332C.04 ACCOUNTS; AUDITS. 37.24The authority may establish funds and accounts that it determines to be reasonable and 37.25necessary to conduct the business of the authority. The board shall provide for and pay the 37.26cost of an independent annual audit of its official books and records new text begin be subject to audit new text end by 37.27the state new text begin legislative new text end auditor. A copy of this new text begin an new text end audit must be filed with the secretary of state. 37.28    Sec. 27. Minnesota Statutes 2012, section 129D.14, subdivision 2, is amended to read: 37.29    Subd. 2. Definitions. As used in this section, the terms defined in this subdivision 37.30have the meanings given them. 37.31(a) "Corporation for Public Broadcasting" new text begin or "CPB" new text end means the nonprofit organization 37.32established pursuant to United States Code, title 47, section 396. 37.33(b) "Federal Communications Commission" new text begin or "FCC" new text end means the federal agency 37.34established pursuant to United States Code, title 47, section 151. 38.1(c) "Licensee" means the individual or business new text begin an new text end entity to whom new text begin which new text end the Federal 38.2Communications Commission has issued the new text begin a new text end license to operate a noncommercial radio 38.3station new text begin as defined in Code of Federal Regulations, title 47, subpart D, section 73.503 new text end . 38.4(d) "Noncommercial radio station" means a station operated by a licensee new text begin of the FCC new text end 38.5as a noncommercial educational radio station under a license or program test authority from 38.6the Federal Communications Commission as a noncommercial educational radio station new text begin as new text end 38.7 new text begin defined in Code of Federal Regulations, title 47, subpart D, section 73.503 new text end , licensed to a 38.8community within the state and serving a segment of the population of the state. 38.9(e) "Operating income" may include: 38.10(1) individual and other community contributions; 38.11(2) all grants received from the Corporation for Public Broadcasting; 38.12(3) grants received from foundations, corporations, or federal, state, or local agencies 38.13or other sources for the purpose of programming or general operating support; 38.14(4) interest income; 38.15(5) earned income; 38.16(6) employee salaries paid through the federal Comprehensive Employment and 38.17Training Act, or other similar public employment programs, provided that only salary 38.18expended for employee duties directly relating to radio station operations shall be counted; 38.19(7) employee salaries paid through supporting educational institutions, provided that 38.20only salary expended for employee duties directly relating to radio station operations 38.21shall be counted; 38.22(8) direct operating costs provided by supporting educational institutions; and 38.23(9) no more than $15,000 in volunteer time calculated at the federal minimum wage. 38.24The following are specifically excluded in determining a station's operating income: 38.25(1) dollar representations in in-kind assistance from any source except as stipulated 38.26in clauses (8) and (9) above; 38.27(2) grants or contributions from any source for the purpose of purchasing capital 38.28improvements or equipment; and 38.29(3) noncommercial radio station grants received in the previous fiscal year pursuant 38.30to this section. 38.31 new text begin (f) "Local" means the area designated by the FCC's 60 dBu contour map. new text end 38.32    Sec. 28. Minnesota Statutes 2012, section 129D.14, subdivision 3, is amended to read: 38.33    Subd. 3. Eligibility. new text begin (a) new text end To qualify for a grant under this section, the licensee shall 38.34 new text begin must new text end : 39.1(a) new text begin (1) new text end hold a valid noncommercial educational radio station license or program test 39.2authority from the Federal Communications Commission; new text begin FCC that is a Class "A" or "C" new text end 39.3 new text begin FM, as defined in Code of Federal Regulations, title 47, subpart B, sections 73.210 and new text end 39.4 new text begin 73.211 or Class "C" or "D" AM, as defined in Code of Federal Regulations, title 47, new text end 39.5 new text begin subpart A, section 73.21. Stations with a Class "L1" and "LP100" are not eligible for this new text end 39.6 new text begin funding. The station must be licensed to a community in the state of Minnesota and must new text end 39.7 new text begin be operated as a noncommercial educational station. new text end 39.8(b) new text begin (2) new text end have facilities adequate to provide local program production and origination; 39.9(c) new text begin (3) new text end employ a minimum of two full-time professional radio staff persons or the 39.10equivalent in part-time staff and agree to employ a minimum of two full-time professional 39.11radio staff persons or the equivalent in part-time staff throughout the fiscal year of the grant; 39.12(d) new text begin (4) new text end maintain a minimum daily broadcasting schedule of (1) new text begin (i) new text end the maximum 39.13allowed by its Federal Communications Commission license or (2) new text begin (ii) new text end 12 hours a day 39.14during the first year of eligibility for state assistance, 15 hours a day during the second 39.15year of eligibility and 18 hours a day during the third and following years of eligibility; 39.16(e) new text begin (5) new text end broadcast 365 days a year or the maximum number of days allowed by its 39.17Federal Communications Commission license new text begin with an exception for power outages and new text end 39.18 new text begin natural disasters new text end ; 39.19(f) new text begin (6) new text end have a daily broadcast schedule devoted primarily to programming that serves 39.20ascertained community needs of an educational, informational or cultural nature within 39.21its primary signal area; however, a program schedule of a main channel carrier designed 39.22to further the principles of one or more particular religious philosophies or including 25 39.23percent or more religious programming on a broadcast day does not meet this criterion, 39.24nor does a program schedule of a main channel carrier designed primarily for in-school or 39.25professional in-service audiences; 39.26(g) new text begin (7) new text end originate significant, locally produced programming designed to serve its 39.27community of license; 39.28(h) new text begin (8) new text end have a total annual operating income and budget of at least $50,000; 39.29(i) new text begin (9) new text end have either a board of directors representing the community or a community 39.30advisory board that conducts advisory board meetings that are open to the public; 39.31(j) new text begin (10) new text end have a board of directors that: (1) new text begin (i) new text end holds the portion of any meeting 39.32relating to the management or operation of the radio station open to the public and (2) 39.33 new text begin (ii) new text end permits any person to attend any meeting of the board without requiring a person, 39.34as a condition to attendance at the meeting, to register the person's name or to provide 39.35any other information; and 40.1(k) new text begin (11) new text end have met the criteria in clauses (a) new text begin (1) new text end to (j) new text begin (10) new text end for six months before it is 40.2eligible for state assistance under this section. 40.3 new text begin (b) new text end The commissioner shall accept the judgment of Corporation for Public 40.4Broadcasting accepted audit when it is available on a station's eligibility for assistance 40.5under the criteria of this subdivision. If the station is not qualified for assistance new text begin or is new text end 40.6 new text begin qualified for but not receiving funding new text end from the Corporation for Public Broadcasting, an 40.7independent audit is required new text begin to verify eligibility under paragraph (a), clause (8) new text end . If neither 40.8is available, the commissioner may accept a written declaration of eligibility signed by 40.9an independent auditor, a certified public accountant, or the chief executive officer of the 40.10station's parent organization if it is an institution of education. 40.11    Sec. 29. Minnesota Statutes 2012, section 129D.15, is amended to read: 40.12129D.15 EQUIPMENT GRANTS. 40.13To be eligible for an equipment grant under sections 129D.11 to 129D.14, a public 40.14broadcasting station must meet the eligibility criteria set forth in sections 129D.13 and 40.15129D.14 . new text begin Before receiving an equipment grant, a station must submit to the commissioner new text end 40.16 new text begin a list of the equipment the station plans to purchase with the equipment grant. The new text end 40.17 new text begin commissioner may not require the station to purchase equipment before receiving the new text end 40.18 new text begin grant funds. A station must report to the commissioner a list of the equipment purchased new text end 40.19 new text begin with the grant. new text end 40.20    Sec. 30. Minnesota Statutes 2012, section 129D.155, is amended to read: 40.21129D.155 REPAYMENT OF FUNDS. 40.22State funds distributed to public television or noncommercial radio stations and used 40.23to purchase equipment assets must be repaid to the state, without interest, if the assets 40.24purchased with these funds are sold within five years or otherwise converted to a person 40.25other than a nonprofit or municipal corporation. The amount due to the state shall be the 40.26net amount realized from the sale of the assets, but shall not exceed the amount of state 40.27funds advanced for the purchase of the asset. new text begin The commissioner of administration may new text end 40.28 new text begin approve the use of funds derived from the sale of such assets for the purchase of new new text end 40.29 new text begin equipment for similar purposes. new text end 40.30    Sec. 31. Minnesota Statutes 2012, section 161.1419, subdivision 3, is amended to read: 40.31    Subd. 3. Investigatory powers; Chair, vice-chair, and secretary. The commission 40.32may hold meetings and hearings at such time and places as it may designate to accomplish 40.33the purposes set forth in this section and may subpoena witnesses and records. It shall select 41.1a chair, a vice-chair, and such other officers from its membership as it deems necessary. 41.2The commission shall appoint a secretary who shall also serve as a commission member. 41.3    Sec. 32. Minnesota Statutes 2012, section 469.3201, is amended to read: 41.4469.3201 STATE new text begin LEGISLATIVE new text end AUDITOR; AUDITS OF JOB 41.5OPPORTUNITY BUILDING ZONES AND BUSINESS SUBSIDY AGREEMENTS. 41.6     new text begin As resources allow, new text end the Office of the State Auditor new text begin legislative auditor new text end must annually 41.7 audit the creation and operation of all job opportunity building zones and business 41.8subsidy agreements entered into under Minnesota Statutes, sections 469.310 to 469.320. 41.9To the extent necessary to perform this audit, the state auditor may request from the 41.10commissioner of revenue tax return information of taxpayers who are eligible to receive 41.11tax benefits authorized under section . To the extent necessary to perform this 41.12audit, the state auditor may request from the commissioner of employment and economic 41.13development wage detail report information required under section of taxpayers 41.14eligible to receive tax benefits authorized under section new text begin All public officials and new text end 41.15 new text begin parties to the agreements shall provide the legislative auditor with all documents and new text end 41.16 new text begin data the legislative auditor deems necessary and in all other respects comply with the new text end 41.17 new text begin requirements of section 3.978, subdivision 2 new text end . 41.18    Sec. 33. Minnesota Statutes 2012, section 471.699, is amended to read: 41.19471.699 ENFORCEMENT OF REPORTING REQUIREMENTS. 41.20Failure of a city to timely file a statement or report under section 471.697 or 471.698 41.21shall, in addition to any other penalties provided by law, authorize the state auditor to send 41.22full-time personnel to the city or to contract with private persons, firms, or corporations 41.23pursuant to section new text begin 6.581 new text end , in order to complete and file the financial statement or 41.24report. The expenses related to the completion and filing of the financial statement or 41.25report shall be charged to the city. Upon failure by the city to pay the charge within 30 41.26days of billing, the state auditor shall so certify to the commissioner of management and 41.27budget who shall forward the amount certified to the general fund and deduct the amount 41.28from any state funds due to the city under any shared taxes or aids. The state auditor's 41.29annual report on cities shall include a listing of all cities failing to file a statement or report. 41.30    Sec. 34. new text begin LEGISLATIVE ADVISORY COMMISSION CHAIR; 2013. new text end 41.31 new text begin Under Minnesota Statutes, section 3.30, subdivision 2, the chair of the Legislative new text end 41.32 new text begin Advisory Commission must be a member of the senate in 2013. new text end 42.1    Sec. 35. new text begin AUDIT OF FINANCIAL STATEMENTS. new text end 42.2 new text begin The legislative auditor shall examine alternatives for achieving an annual new text end 42.3 new text begin independent audit of the financial statements of the state of Minnesota required by new text end 42.4 new text begin Minnesota Statutes, section 16A.50, and make recommendations to the Legislative Audit new text end 42.5 new text begin Commission and appropriate legislative committees by October 1, 2013. new text end 42.6    Sec. 36. new text begin REVISOR'S INSTRUCTION. new text end 42.7 new text begin In the next and subsequent editions of Minnesota Statutes, the revisor of statutes shall: new text end 42.8 new text begin (1) substitute the term "Office of MN.IT Services" for "Office of Enterprise new text end 42.9 new text begin Technology" in each place where the latter term appears; and new text end 42.10 new text begin (2) substitute the term "MN.IT services revolving fund" for "enterprise technology new text end 42.11 new text begin revolving fund" in each place where the latter term appears. new text end 42.12    Sec. 37. new text begin REPEALER. new text end 42.13 new text begin Minnesota Statutes 2012, sections 3.304, subdivisions 1 and 5; 3.885, subdivision new text end 42.14 new text begin 10; and 6.58, new text end new text begin are repealed. new text end 42.15ARTICLE 4 42.16MILITARY AND VETERANS PROVISIONS 42.17    Section 1. Minnesota Statutes 2012, section 192.26, is amended to read: 42.18192.26 STATE AND MUNICIPAL OFFICERS AND EMPLOYEES NOT TO 42.19LOSE PAY WHILE ON new text begin AUTHORIZED LEAVE FOR new text end MILITARY DUTY. 42.20    Subdivision 1. Authorized leave. Subject to the conditions hereinafter prescribed, 42.21any officer or employee of the state or of any political subdivision, municipal corporation, 42.22or other public agency of the state who shall be a member of the National Guard, or any 42.23other component of the militia of the state now or hereafter organized or constituted 42.24under state or federal law, or who shall be a member of the officers' reserve corps, the 42.25enlisted reserve corps, the Naval Reserve, the Marine Corps reserve, or any other reserve 42.26component of the military or naval forces of the United States now or hereafter organized 42.27or constituted under federal law, shall be entitled to leave of absence from the public 42.28office or employment without loss of pay, seniority status, efficiency rating, vacation, 42.29sick leave, or other benefits for all the time when engaged with such organization or 42.30component in training or active service ordered or authorized by proper authority pursuant 42.31to law, whether for state or federal purposes, but not exceeding a total of 15 days in any 42.32calendar year. new text begin The state or political subdivision, municipal corporation, or other public new text end 42.33 new text begin agency shall allow the officer or employee to choose when during the calendar year to new text end 43.1 new text begin take the 15 days of paid military leave. The officer or employee may choose to use all of new text end 43.2 new text begin the 15 days of paid military leave at one time or, in the alternative, the 15 days of paid new text end 43.3 new text begin military leave may be divided and taken throughout the calendar year at the discretion of new text end 43.4 new text begin the officer or employee. new text end Such leave shall be allowed only in case the required military or 43.5naval service is satisfactorily performed, which shall be presumed unless the contrary is 43.6established. Such leave shall not be allowed unless the officer or employee (1) returns to 43.7the public position immediately on being relieved from such military or naval service and 43.8not later than the expiration of the time herein limited for such leave, or (2) is prevented 43.9from so returning by physical or mental disability or other cause not due to the officer's or 43.10employee's own fault, or (3) is required by proper authority to continue in such military or 43.11naval service beyond the time herein limited for such leave. 43.12    Sec. 2. Minnesota Statutes 2012, section 197.608, subdivision 1, is amended to read: 43.13    Subdivision 1. Grant program. A veterans service office grant program is 43.14established to be administered by the commissioner of veterans affairs consisting of grants 43.15to counties to enable them to enhance the effectiveness of their veterans service offices. 43.16 new text begin "Commissioner" as used in this section means the commissioner of veterans affairs. new text end 43.17    Sec. 3. Minnesota Statutes 2012, section 197.608, subdivision 3, is amended to read: 43.18    Subd. 3. Eligibility. (a) To be eligible for a grant under this program new text begin subdivision 6 new text end , 43.19a county must employ a county veterans service officer as authorized by sections 197.60 43.20and 197.606, who is certified to serve in this position by the commissioner. 43.21(b) A county that employs a newly hired county veterans service officer who is 43.22serving an initial probationary period and who has not been certified by the commissioner 43.23is eligible to receive a grant under subdivision 2a new text begin 6 for one year from the date the county new text end 43.24 new text begin veterans service officer is appointed new text end . 43.25(c) Except for the situation described in paragraph (b), A county whose county 43.26veterans service officer does not receive certification during any year of the three-year 43.27cycle is not eligible to receive a grant during the remainder of that cycle or the next 43.28three-year cycle new text begin by the end of the first year of the county veterans service officer's new text end 43.29 new text begin appointment is ineligible for the grant under subdivision 6 until the county veterans new text end 43.30 new text begin service officer receives certification new text end . 43.31    Sec. 4. Minnesota Statutes 2012, section 197.608, subdivision 4, is amended to read: 44.1    Subd. 4. Grant process. (a) The commissioner shall determine the process for 44.2awarding grants. A grant may be used only for the purpose of enhancing the operations of 44.3the County Veterans Service Office. 44.4(b) The commissioner shall provide a list of qualifying uses for grant expenditures 44.5as developed in subdivision 5 and shall approve a grant new text begin under subdivision 6 new text end only for a 44.6qualifying use and if there are sufficient funds remaining in the grant program to cover the 44.7full amount of the grant. 44.8 new text begin (c) The commissioner is authorized to use any unexpended funding for this program new text end 44.9 new text begin to provide training and education for county veterans service officers. new text end 44.10    Sec. 5. Minnesota Statutes 2012, section 197.608, subdivision 5, is amended to read: 44.11    Subd. 5. Qualifying uses. The commissioner shall consult with the Minnesota 44.12Association of County Veterans Service Officers in developing a list of qualifying uses for 44.13grants awarded under this program new text begin subdivision 6 new text end . 44.14The commissioner is authorized to use any unexpended funding for this program to 44.15provide training and education for county veterans service officers. 44.16    Sec. 6. Minnesota Statutes 2012, section 197.608, subdivision 6, is amended to read: 44.17    Subd. 6. Grant amount. new text begin (a) Each county is eligible to receive an annual grant of new text end 44.18 new text begin $7,500 for the following purposes: new text end 44.19 new text begin (1) to provide outreach to the county's veterans; new text end 44.20 new text begin (2) to assist in the reintegration of combat veterans into society; new text end 44.21 new text begin (3) to collaborate with other social service agencies, educational institutions, and new text end 44.22 new text begin other community organizations for the purposes of enhancing services offered to veterans; new text end 44.23 new text begin (4) to reduce homelessness among veterans; and new text end 44.24 new text begin (5) to enhance the operations of the county veterans service office. new text end 44.25 new text begin (b) In addition to the grant amount in paragraph (a), each county is eligible to receive new text end 44.26 new text begin an additional annual grant under this paragraph. new text end The amount of each new text begin additional annual new text end 44.27grant must be determined by the commissioner and may not exceed: 44.28(1) $1,400 new text begin $0 new text end , if the county's veteran population is less than 1,000; 44.29(2) $2,800 new text begin $2,500 new text end , if the county's veteran population is 1,000 or more but less than 44.303,000; 44.31(3) $4,200 new text begin $5,000 new text end , if the county's veteran population is 3,000 or more but less then 44.3210,000 new text begin than 4,999 new text end ; or 44.33(4) $5,600 new text begin $7,500 new text end , if the county's veteran population is 10,000 new text begin 5,000 new text end or more. new text begin but new text end 44.34 new text begin less than 9,999; new text end 45.1 new text begin (5) $10,000, if the county's veteran population is 10,000 or more but less than 19,999; new text end 45.2 new text begin (6) $15,000, if the county's veteran population is 20,000 or more but less than new text end 45.3 new text begin 29,999; or new text end 45.4 new text begin (7) $20,000, if the county's veteran population is 30,000 or more. new text end 45.5 new text begin (c) The Minnesota Association of County Veterans Service Officers is eligible to new text end 45.6 new text begin receive an annual grant of $50,000. The grant shall be used for administrative costs of new text end 45.7 new text begin the association, certification of mandated county veterans service officer training and new text end 45.8 new text begin accreditation, and costs associated with reintegration services. new text end 45.9The veteran population of each county shall be determined by the figure supplied by 45.10the United States Department of Veterans Affairs, as adopted by the commissioner. 45.11    Sec. 7. Minnesota Statutes 2012, section 197.791, subdivision 4, is amended to read: 45.12    Subd. 4. Eligibility. (a) A person is eligible for educational assistance under this 45.13section if: 45.14    (1) the person is: 45.15    (i) a veteran who is serving or has served honorably in any branch or unit of the 45.16United States armed forces at any time on or after September 11, 2001; 45.17    (ii) a nonveteran who has served honorably for a total of five years or more 45.18cumulatively as a member of the Minnesota National Guard or any other active or reserve 45.19component of the United States armed forces, and any part of that service occurred on or 45.20after September 11, 2001; 45.21    (iii) the surviving spouse or child of a person who has served in the military at any 45.22time on or after September 11, 2001, and who has died as a direct result of that military 45.23service new text begin , only if the surviving spouse or child is eligible to receive federal education new text end 45.24 new text begin benefits under United States Code, title 38, chapter 33, as amended, or United States new text end 45.25 new text begin Code, title 38, chapter 35, as amended new text end ; or 45.26    (iv) the spouse or child of a person who has served in the military at any time on or 45.27after September 11, 2001, and who has a total and permanent service-connected disability 45.28as rated by the United States Veterans Administration new text begin , only if the spouse or child is new text end 45.29 new text begin eligible to receive federal education benefits under United States Code, title 38, chapter new text end 45.30 new text begin 33, as amended, or United States Code, title 38, chapter 35, as amended new text end ; new text begin and new text end 45.31    (2) the person receiving the educational assistance is a Minnesota resident, as 45.32defined in section 136A.101, subdivision 8; and 45.33    (3) the person receiving the educational assistance: 45.34    (i) is an undergraduate or graduate student at an eligible institution; 46.1    (ii) is maintaining satisfactory academic progress as defined by the institution for 46.2students participating in federal Title IV programs; 46.3    (iii) is enrolled in an education program leading to a certificate, diploma, or degree 46.4at an eligible institution; 46.5    (iv) has applied for educational assistance under this section prior to the end of the 46.6academic term for which the assistance is being requested; 46.7    (v) is in compliance with child support payment requirements under section 46.8136A.121, subdivision 2 , clause (5); and 46.9    (vi) has completed the Free Application for Federal Student Aid (FAFSA). 46.10    (b) A person's eligibility terminates when the person becomes eligible for benefits 46.11under section 135A.52. 46.12    (c) To determine eligibility, the commissioner may require official documentation, 46.13including the person's federal form DD-214 or other official military discharge papers; 46.14correspondence from the United States Veterans Administration; birth certificate; marriage 46.15certificate; proof of enrollment at an eligible institution; signed affidavits; proof of 46.16residency; proof of identity; or any other official documentation the commissioner 46.17considers necessary to determine eligibility. 46.18    (d) The commissioner may deny eligibility or terminate benefits under this section 46.19to any person who has not provided sufficient documentation to determine eligibility for 46.20the program. An applicant may appeal the commissioner's eligibility determination or 46.21termination of benefits in writing to the commissioner at any time. The commissioner 46.22must rule on any application or appeal within 30 days of receipt of all documentation that 46.23the commissioner requires. The decision of the commissioner regarding an appeal is final. 46.24However, an applicant whose appeal of an eligibility determination has been rejected by 46.25the commissioner may submit an additional appeal of that determination in writing to the 46.26commissioner at any time that the applicant is able to provide substantively significant 46.27additional information regarding the applicant's eligibility for the program. An approval 46.28of an applicant's eligibility by the commissioner following an appeal by the applicant is 46.29not retroactively effective for more than one year or the semester of the person's original 46.30application, whichever is later. 46.31    (e) Upon receiving an application with insufficient documentation to determine 46.32eligibility, the commissioner must notify the applicant within 30 days of receipt of the 46.33application that the application is being suspended pending receipt by the commissioner of 46.34sufficient documentation from the applicant to determine eligibility. 46.35    Sec. 8. Minnesota Statutes 2012, section 197.791, subdivision 5, is amended to read: 47.1    Subd. 5. Benefit amount. (a) On approval by the commissioner of eligibility for 47.2the program, the applicant shall be awarded, on a funds-available basis, the educational 47.3assistance under the program for use at any time according to program rules at any 47.4eligible institution. 47.5    (b) The amount of educational assistance in any semester or term for an eligible 47.6person must be determined by subtracting from the eligible person's cost of attendance the 47.7amount the person received or was eligible to receive in that semester or term from: 47.8    (1) the federal Pell Grant; 47.9    (2) the state grant program under section 136A.121; and 47.10    (3) any federal military or veterans educational benefits including but not limited 47.11to the Montgomery GI Bill, GI Bill Kicker, the federal tuition assistance program, 47.12vocational rehabilitation benefits, and any other federal benefits associated with the 47.13person's status as a veteran, except veterans disability payments from the United States 47.14Veterans Administration new text begin and payments made under the Veterans Retraining Assistance new text end 47.15 new text begin Program (VRAP) new text end . 47.16    (c) The amount of educational assistance for any eligible person who is a full-time 47.17student must not exceed the following: 47.18    (1) $1,000 per semester or term of enrollment; 47.19    (2) $3,000 per state fiscal year; and 47.20    (3) $10,000 in a lifetime. 47.21    For a part-time student, the amount of educational assistance must not exceed 47.22$500 per semester or term of enrollment. For the purpose of this paragraph, a part-time 47.23undergraduate student is a student taking fewer than 12 credits or the equivalent for a 47.24semester or term of enrollment and a part-time graduate student is a student considered 47.25part time by the eligible institution the graduate student is attending. The minimum award 47.26for undergraduate and graduate students is $50 per term. 47.27    Sec. 9. Minnesota Statutes 2012, section 364.03, subdivision 3, is amended to read: 47.28    Subd. 3. Evidence of rehabilitation. (a) A person who has been convicted of a 47.29crime or crimes which directly relate to the public employment sought or to the occupation 47.30for which a license is sought shall not be disqualified from the employment or occupation 47.31if the person can show competent evidence of sufficient rehabilitation and present fitness to 47.32perform the duties of the public employment sought or the occupation for which the license 47.33is sought. Sufficient new text begin Competent new text end evidence of new text begin sufficient new text end rehabilitation may be established by 47.34the production of new text begin the person's most recent certified copy of a United States Department new text end 47.35 new text begin of Defense form DD-214 showing the person's honorable discharge, or separation under new text end 48.1 new text begin honorable conditions, from the United States armed forces for military service rendered new text end 48.2 new text begin following conviction for any crime that would otherwise disqualify the person from the new text end 48.3 new text begin public employment sought or the occupation for which the license is sought, or new text end : 48.4(1) a copy of the local, state, or federal release order; and 48.5(2) evidence showing that at least one year has elapsed since release from any local, 48.6state, or federal correctional institution without subsequent conviction of a crime; and 48.7evidence showing compliance with all terms and conditions of probation or parole; or 48.8(3) a copy of the relevant Department of Corrections discharge order or other 48.9documents showing completion of probation or parole supervision. 48.10(b) In addition to the documentary evidence presented, the licensing or hiring 48.11authority shall consider any evidence presented by the applicant regarding: 48.12(1) the nature and seriousness of the crime or crimes for which convicted; 48.13(2) all circumstances relative to the crime or crimes, including mitigating 48.14circumstances or social conditions surrounding the commission of the crime or crimes; 48.15(3) the age of the person at the time the crime or crimes were committed; 48.16(4) the length of time elapsed since the crime or crimes were committed; and 48.17(5) all other competent evidence of rehabilitation and present fitness presented, 48.18including, but not limited to, letters of reference by persons who have been in contact with 48.19the applicant since the applicant's release from any local, state, or federal correctional 48.20institution. 48.21 new text begin (c) The certified copy of a person's United States Department of Defense form new text end 48.22 new text begin DD-214 showing the person's honorable discharge or separation under honorable new text end 48.23 new text begin conditions from the United States armed forces ceases to qualify as competent evidence of new text end 48.24 new text begin sufficient rehabilitation for purposes of this section upon the person's conviction for any new text end 48.25 new text begin gross misdemeanor or felony committed by the person subsequent to the effective date of new text end 48.26 new text begin that honorable discharge or separation from military service. new text end 48.27    Sec. 10. new text begin [471.3457] VETERAN-OWNED SMALL BUSINESS CONTRACTS. new text end 48.28     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For the purposes of this section: new text end 48.29 new text begin (1) "local government" means a town or home rule charter or statutory city; and new text end 48.30 new text begin (2) "governing body" means the town board of supervisors or city council. new text end 48.31     new text begin Subd. 2. new text end new text begin Authority. new text end new text begin The governing body of a local government may implement a new text end 48.32 new text begin program within its jurisdiction to provide a bid preference in awarding contracts as defined new text end 48.33 new text begin in section 471.345, and in awarding contracts for services, to designated veteran-owned new text end 48.34 new text begin small businesses, as provided in section 375.771. new text end 49.1    Sec. 11. Minnesota Statutes 2012, section 626.8517, is amended to read: 49.2626.8517 ELIGIBILITY FOR RECIPROCITY EXAMINATION BASED ON 49.3RELEVANT MILITARY EXPERIENCE. 49.4(a) For purposes of this section: 49.5(1) "active service" has the meaning given in section 190.05, subdivision 5; and 49.6(2) "relevant military experience" means: 49.7(i) five years' active service experience in a military law enforcement occupational 49.8specialty; 49.9(ii) three years' active service experience in a military law enforcement occupational 49.10specialty, and completion of a two-year or more degree from a regionally accredited 49.11postsecondary education institution; or 49.12(iii) five years' cumulative experience as a full-time peace officer in another state 49.13combined with active service experience in a military law enforcement occupational 49.14specialty. 49.15(b) A person who has relevant military experience and who new text begin is eligible to take the new text end 49.16 new text begin reciprocity examination if the person has relevant military experience and: new text end 49.17 new text begin (1) new text end has been honorably discharged from military active service as evidenced by a new text begin the new text end 49.18 new text begin most recent new text end form DD-214 is eligible to take the reciprocity examination. new text begin ; or new text end 49.19 new text begin (2) is currently in active service as evidenced by: new text end 49.20 new text begin (i) active duty orders providing service time in military police specialty; new text end 49.21 new text begin (ii) a United States Department of Defense Manpower Data Center status report new text end 49.22 new text begin pursuant to Service Members Civil Relief Act, active duty status report; or new text end 49.23 new text begin (iii) Military Personnel Center assignment information. new text end 49.24 new text begin (c) A person who passed the examination under paragraph (b), clause (2), shall new text end 49.25 new text begin not be eligible to be licensed as a peace officer until honorably discharged as evidenced new text end 49.26 new text begin by the most recent form DD-214. new text end 49.27    Sec. 12. new text begin REPEALER. new text end 49.28 new text begin Minnesota Statutes 2012, section 197.608, subdivision 2a, new text end new text begin is repealed. new text end 49.29ARTICLE 5 49.30REVENUE DEPARTMENT 49.31    Section 1. Minnesota Statutes 2012, section 16A.82, is amended to read: 49.3216A.82 TECHNOLOGY LEASE-PURCHASE APPROPRIATION. 49.33The following amounts are appropriated from the general fund to the commissioner 49.34to make payments under a lease-purchase agreement as defined in section 16A.81 for 50.1replacement of the state's accounting and procurement systems, provided that the state 50.2is not obligated to continue such appropriation of funds or to make lease payments 50.3in any future fiscal year. 50.4 Fiscal year 2010 $2,828,038 50.5 Fiscal year 2011 $3,063,950 50.6 Fiscal year 2012 $8,967,850 50.7 Fiscal year 2013 $8,968,950 50.8 Fiscal year 2014 $8,970,850 50.9 Fiscal year 2015 $8,971,150 50.10 Fiscal year 2016 $8,966,450 50.11 Fiscal year 2017 $8,967,500 50.12 Fiscal year 2018 $8,970,750 50.13 Fiscal year 2019 $8,968,500 50.14Of these appropriations, up to $2,000 per year may be used to pay the annual trustee 50.15fees for the lease-purchase agreements authorized in this section and section 270C.145. 50.16Any unexpended portions of this appropriation cancel to the general fund at the close of 50.17each biennium. This section expires June 30, 2019. 50.18    Sec. 2. Minnesota Statutes 2012, section 65B.84, subdivision 1, is amended to read: 50.19    Subdivision 1. Program described; commissioner's duties; appropriation. (a) 50.20The commissioner of commerce shall: 50.21(1) develop and sponsor the implementation of statewide plans, programs, and 50.22strategies to combat automobile theft, improve the administration of the automobile theft 50.23laws, and provide a forum for identification of critical problems for those persons dealing 50.24with automobile theft; 50.25(2) coordinate the development, adoption, and implementation of plans, programs, 50.26and strategies relating to interagency and intergovernmental cooperation with respect 50.27to automobile theft enforcement; 50.28(3) annually audit the plans and programs that have been funded in whole or in part 50.29to evaluate the effectiveness of the plans and programs and withdraw funding should the 50.30commissioner determine that a plan or program is ineffective or is no longer in need 50.31of further financial support from the fund; 50.32(4) develop a plan of operation including: 50.33(i) an assessment of the scope of the problem of automobile theft, including areas 50.34of the state where the problem is greatest; 50.35(ii) an analysis of various methods of combating the problem of automobile theft; 50.36(iii) a plan for providing financial support to combat automobile theft; 51.1(iv) a plan for eliminating car hijacking; and 51.2(v) an estimate of the funds required to implement the plan; and 51.3(5) distribute money, in consultation with the commissioner of public safety, 51.4pursuant to subdivision 3 from the automobile theft prevention special revenue account 51.5for automobile theft prevention activities, including: 51.6(i) paying the administrative costs of the program; 51.7(ii) providing financial support to the State Patrol and local law enforcement 51.8agencies for automobile theft enforcement teams; 51.9(iii) providing financial support to state or local law enforcement agencies for 51.10programs designed to reduce the incidence of automobile theft and for improved 51.11equipment and techniques for responding to automobile thefts; 51.12(iv) providing financial support to local prosecutors for programs designed to reduce 51.13the incidence of automobile theft; 51.14(v) providing financial support to judicial agencies for programs designed to reduce 51.15the incidence of automobile theft; 51.16(vi) providing financial support for neighborhood or community organizations or 51.17business organizations for programs designed to reduce the incidence of automobile 51.18theft and to educate people about the common methods of automobile theft, the models 51.19of automobiles most likely to be stolen, and the times and places automobile theft is 51.20most likely to occur; and 51.21(vii) providing financial support for automobile theft educational and training 51.22programs for state and local law enforcement officials, driver and vehicle services exam 51.23and inspections staff, and members of the judiciary. 51.24(b) The commissioner may not spend in any fiscal year more than ten percent of the 51.25money in the fund for the program's administrative and operating costs. The commissioner 51.26is annually appropriated and must distribute the amount of the proceeds credited to 51.27the automobile theft prevention special revenue account each year, less the transfer 51.28of $1,300,000 each year to the general fund described in section 168A.40, subdivision 51.294 new text begin 297I.11, subdivision 2 new text end . 51.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for premiums collected after June new text end 51.31 new text begin 30, 2013. new text end 51.32    Sec. 3. Minnesota Statutes 2012, section 270C.69, subdivision 1, is amended to read: 51.33    Subdivision 1. Notice and procedures. (a) The commissioner may, within five years 51.34after the date of assessment of the tax, or if a lien has been filed under section 270C.63, 51.35within the statutory period for enforcement of the lien, give notice to any employer 52.1deriving income which has a taxable situs in this state regardless of whether the income is 52.2exempt from taxation, that an employee of that employer is delinquent in a certain amount 52.3with respect to any taxes, including penalties, interest, and costs. The commissioner can 52.4proceed under this section only if the tax is uncontested or if the time for appeal of the tax 52.5has expired. The commissioner shall not proceed under this section until the expiration of 52.630 days after mailing to the taxpayer, at the taxpayer's last known address, a written notice 52.7of (1) the amount of taxes, interest, and penalties due from the taxpayer and demand for 52.8their payment, and (2) the commissioner's intention to require additional withholding by 52.9the taxpayer's employer pursuant to this section. The effect of the notice shall expire one 52.10year after it has been mailed to the taxpayer provided that the notice may be renewed by 52.11mailing a new notice which is in accordance with this section. The renewed notice shall 52.12have the effect of reinstating the priority of the original claim. The notice to the taxpayer 52.13shall be in substantially the same form as that provided in section 571.72. The notice 52.14shall further inform the taxpayer of the wage exemptions contained in section 550.37, 52.15subdivision 14 . If no statement of exemption is received by the commissioner within 30 52.16days from the mailing of the notice, the commissioner may proceed under this section. 52.17The notice to the taxpayer's employer may be served by mail or by delivery by an agent of 52.18the department and shall be in substantially the same form as provided in section 571.75. 52.19Upon receipt of notice, the employer shall withhold from compensation due or to become 52.20due to the employee, the total amount shown by the notice, subject to the provisions of 52.21section 571.922. The employer shall continue to withhold each pay period until the notice 52.22is released by the commissioner under section 270C.7109. Upon receipt of notice by the 52.23employer, the claim of the state of Minnesota shall have priority over any subsequent 52.24garnishments or wage assignments. The commissioner may arrange between the employer 52.25and the employee for withholding a portion of the total amount due the employee each pay 52.26period, until the total amount shown by the notice plus accrued interest has been withheld. 52.27(b) The "compensation due" any employee is defined in accordance with the 52.28provisions of section 571.921. The maximum withholding allowed under this section for 52.29any one pay period shall be decreased by any amounts payable pursuant to a garnishment 52.30action with respect to which the employer was served prior to being served with the notice 52.31of delinquency and any amounts covered by any irrevocable and previously effective 52.32assignment of wages; the employer shall give notice to the commissioner of the amounts 52.33and the facts relating to such assignments within ten days after the service of the notice of 52.34delinquency on the form provided by the commissioner as noted in this section. 52.35(c) Within ten days after the expiration of such pay period, the employer shall remit 52.36to the commissioner, on a form and in the manner prescribed by the commissioner, the 53.1amount withheld during each pay period under this section. new text begin The employer must file all new text end 53.2 new text begin wage levy disclosure forms and remit all wage levy payments by electronic means. new text end 53.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for wage levy disclosures or wage new text end 53.4 new text begin levy payments filed or made after December 31, 2013. new text end 53.5    Sec. 4. Minnesota Statutes 2012, section 289A.20, subdivision 2, is amended to read: 53.6    Subd. 2. Withholding from wages, entertainer withholding, withholding 53.7from payments to out-of-state contractors, and withholding by partnerships, small 53.8business corporations, trusts. (a) A tax required to be deducted and withheld during the 53.9quarterly period must be paid on or before the last day of the month following the close of 53.10the quarterly period, unless an earlier time for payment is provided. A tax required to be 53.11deducted and withheld from compensation of an entertainer and from a payment to an 53.12out-of-state contractor must be paid on or before the date the return for such tax must be 53.13filed under section 289A.18, subdivision 2. Taxes required to be deducted and withheld 53.14by partnerships, S corporations, and trusts must be paid on a quarterly basis as estimated 53.15taxes under section 289A.25 for partnerships and trusts and under section 289A.26 for S 53.16corporations. 53.17(b) An employer who, during the previous quarter, withheld more than $1,500 of 53.18tax under section 290.92, subdivision 2a or 3, or 290.923, subdivision 2, must deposit tax 53.19withheld under those sections with the commissioner within the time allowed to deposit 53.20the employer's federal withheld employment taxes under Code of Federal Regulations, 53.21title 26, section 31.6302-1, as amended through December 31, 2001, without regard to the 53.22safe harbor or de minimis rules in paragraph (f) or the one-day rule in paragraph (c)(3). 53.23Taxpayers must submit a copy of their federal notice of deposit status to the commissioner 53.24upon request by the commissioner. 53.25(c) The commissioner may prescribe by rule other return periods or deposit 53.26requirements. In prescribing the reporting period, the commissioner may classify payors 53.27according to the amount of their tax liability and may adopt an appropriate reporting 53.28period for the class that the commissioner judges to be consistent with efficient tax 53.29collection. In no event will the duration of the reporting period be more than one year. 53.30(d) If less than the correct amount of tax is paid to the commissioner, proper 53.31adjustments with respect to both the tax and the amount to be deducted must be made, 53.32without interest, in the manner and at the times the commissioner prescribes. If the 53.33underpayment cannot be adjusted, the amount of the underpayment will be assessed and 53.34collected in the manner and at the times the commissioner prescribes. 53.35(e) If the aggregate amount of the tax withheld is: 54.1(1) $20,000 or more in the fiscal year ending June 30, 2005; or 54.2(2) $10,000 or more in the new text begin a new text end fiscal year ending June 30, 2006, and fiscal years 54.3thereafter, 54.4the employer must remit each required deposit for wages paid in the new text begin all new text end subsequent 54.5calendar year new text begin years new text end by electronic means. 54.6(f) A third-party bulk filer as defined in section 290.92, subdivision 30, paragraph 54.7(a), clause (2), who remits withholding deposits must remit all deposits by electronic 54.8means as provided in paragraph (e), regardless of the aggregate amount of tax withheld 54.9during a fiscal year for all of the employers. 54.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the fiscal year ending June 30, new text end 54.11 new text begin 2013, and all fiscal years thereafter. new text end 54.12    Sec. 5. Minnesota Statutes 2012, section 289A.20, subdivision 4, is amended to read: 54.13    Subd. 4. Sales and use tax. (a) The taxes imposed by chapter 297A are due and 54.14payable to the commissioner monthly on or before the 20th day of the month following 54.15the month in which the taxable event occurred, or following another reporting period 54.16as the commissioner prescribes or as allowed under section 289A.18, subdivision 4, 54.17paragraph (f) or (g), except that: 54.18(1) use taxes due on an annual use tax return as provided under section 289A.11, 54.19subdivision 1 , are payable by April 15 following the close of the calendar year; and 54.20(2) except as provided in paragraph (f), for a vendor having a liability of $120,000 54.21or more during a fiscal year ending June 30, 2009, and fiscal years thereafter, the taxes 54.22imposed by chapter 297A, except as provided in paragraph (b), are due and payable to the 54.23commissioner monthly in the following manner: 54.24(i) On or before the 14th day of the month following the month in which the taxable 54.25event occurred, the vendor must remit to the commissioner 90 percent of the estimated 54.26liability for the month in which the taxable event occurred. 54.27(ii) On or before the 20th day of the month in which the taxable event occurs, the 54.28vendor must remit to the commissioner a prepayment for the month in which the taxable 54.29event occurs equal to 67 percent of the liability for the previous month. 54.30(iii) On or before the 20th day of the month following the month in which the taxable 54.31event occurred, the vendor must pay any additional amount of tax not previously remitted 54.32under either item (i) or (ii ) or, if the payment made under item (i) or (ii) was greater than 54.33the vendor's liability for the month in which the taxable event occurred, the vendor may 54.34take a credit against the next month's liability in a manner prescribed by the commissioner. 55.1(iv) Once the vendor first pays under either item (i) or (ii), the vendor is required to 55.2continue to make payments in the same manner, as long as the vendor continues having a 55.3liability of $120,000 or more during the most recent fiscal year ending June 30. 55.4(v) Notwithstanding items (i), (ii), and (iv), if a vendor fails to make the required 55.5payment in the first month that the vendor is required to make a payment under either item 55.6(i) or (ii), then the vendor is deemed to have elected to pay under item (ii) and must make 55.7subsequent monthly payments in the manner provided in item (ii). 55.8(vi) For vendors making an accelerated payment under item (ii), for the first month 55.9that the vendor is required to make the accelerated payment, on the 20th of that month, the 55.10vendor will pay 100 percent of the liability for the previous month and a prepayment for 55.11the first month equal to 67 percent of the liability for the previous month. 55.12    (b) Notwithstanding paragraph (a), a vendor having a liability of $120,000 or more 55.13during a fiscal year ending June 30 must remit the June liability for the next year in the 55.14following manner: 55.15    (1) Two business days before June 30 of the year, the vendor must remit 90 percent 55.16of the estimated June liability to the commissioner. 55.17    (2) On or before August 20 of the year, the vendor must pay any additional amount 55.18of tax not remitted in June. 55.19    (c) A vendor having a liability of: 55.20    (1) $10,000 or more, but less than $120,000 during a fiscal year ending June 30, 55.212009 new text begin 2013 new text end , and fiscal years thereafter, must remit by electronic means all liabilities on 55.22returns due for periods beginning in the new text begin all new text end subsequent calendar year new text begin years new text end on or before 55.23the 20th day of the month following the month in which the taxable event occurred, or 55.24on or before the 20th day of the month following the month in which the sale is reported 55.25under section 289A.18, subdivision 4; or 55.26(2) $120,000 or more, during a fiscal year ending June 30, 2009, and fiscal years 55.27thereafter, must remit by electronic means all liabilities in the manner provided in 55.28paragraph (a), clause (2), on returns due for periods beginning in the subsequent calendar 55.29year, except for 90 percent of the estimated June liability, which is due two business days 55.30before June 30. The remaining amount of the June liability is due on August 20. 55.31(d) Notwithstanding paragraph (b) or (c), a person prohibited by the person's 55.32religious beliefs from paying electronically shall be allowed to remit the payment by mail. 55.33The filer must notify the commissioner of revenue of the intent to pay by mail before 55.34doing so on a form prescribed by the commissioner. No extra fee may be charged to a 55.35person making payment by mail under this paragraph. The payment must be postmarked 56.1at least two business days before the due date for making the payment in order to be 56.2considered paid on a timely basis. 56.3(e) Whenever the liability is $120,000 or more separately for: (1) the tax imposed 56.4under chapter 297A; (2) a fee that is to be reported on the same return as and paid with the 56.5chapter 297A taxes; or (3) any other tax that is to be reported on the same return as and 56.6paid with the chapter 297A taxes, then the payment of all the liabilities on the return must 56.7be accelerated as provided in this subdivision. 56.8(f) At the start of the first calendar quarter at least 90 days after the cash flow account 56.9established in section 16A.152, subdivision 1, and the budget reserve account established in 56.10section 16A.152, subdivision 1a, reach the amounts listed in section 16A.152, subdivision 56.112 , paragraph (a), the remittance of the accelerated payments required under paragraph (a), 56.12clause (2), must be suspended. The commissioner of management and budget shall notify 56.13the commissioner of revenue when the accounts have reached the required amounts. 56.14Beginning with the suspension of paragraph (a), clause (2), for a vendor with a liability of 56.15$120,000 or more during a fiscal year ending June 30, 2009, and fiscal years thereafter, the 56.16taxes imposed by chapter 297A are due and payable to the commissioner on the 20th day 56.17of the month following the month in which the taxable event occurred. Payments of tax 56.18liabilities for taxable events occurring in June under paragraph (b) are not changed. 56.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the fiscal year ending June 30, new text end 56.20 new text begin 2013, and all fiscal years thereafter. new text end 56.21    Sec. 6. Minnesota Statutes 2012, section 289A.26, subdivision 2a, is amended to read: 56.22    Subd. 2a. Electronic payments. If the aggregate amount of estimated tax payments 56.23made is: 56.24(1) $20,000 or more in the fiscal year ending June 30, 2005; or 56.25(2) $10,000 or more in the new text begin a new text end fiscal year ending June 30, 2006, and fiscal years 56.26thereafter, 56.27all estimated tax payments in the new text begin all new text end subsequent calendar year new text begin years new text end must be paid by 56.28electronic means. 56.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the fiscal year ending June 30, new text end 56.30 new text begin 2013, and all fiscal years thereafter. new text end 56.31    Sec. 7. Minnesota Statutes 2012, section 295.55, subdivision 4, is amended to read: 56.32    Subd. 4. Electronic payments. A taxpayer with an aggregate tax liability of: 56.33(1) $20,000 or more in the fiscal year ending June 30, 2005; or 57.1(2) $10,000 or more in the new text begin a new text end fiscal year ending June 30, 2006, and fiscal years 57.2thereafter, 57.3must remit all liabilities by electronic means in the new text begin all new text end subsequent calendar year new text begin years new text end . 57.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the fiscal year ending June 30, new text end 57.5 new text begin 2013, and all fiscal years thereafter. new text end 57.6    Sec. 8. Minnesota Statutes 2012, section 297F.09, subdivision 7, is amended to read: 57.7    Subd. 7. Electronic payment. A cigarette or tobacco products distributor having a 57.8liability of $10,000 or more during a fiscal year ending June 30 must remit all liabilities in 57.9the new text begin all new text end subsequent calendar year new text begin years new text end by electronic means. 57.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the fiscal year ending June 30, new text end 57.11 new text begin 2013, and all fiscal years thereafter. new text end 57.12    Sec. 9. Minnesota Statutes 2012, section 297G.09, subdivision 6, is amended to read: 57.13    Subd. 6. Electronic payments. A licensed brewer, importer, or wholesaler having 57.14an excise tax liability of $10,000 or more during a fiscal year ending June 30 must remit 57.15all excise tax liabilities in the new text begin all new text end subsequent calendar year new text begin years new text end by electronic means. 57.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the fiscal year ending June 30, new text end 57.17 new text begin 2013, and all fiscal years thereafter. new text end 57.18    Sec. 10. new text begin [297I.11] AUTOMOBILE THEFT PREVENTION SURCHARGE. new text end 57.19     new text begin Subdivision 1. new text end new text begin Surcharge. new text end new text begin Each insurer engaged in the writing of policies of new text end 57.20 new text begin automobile insurance shall collect a surcharge, at the rate of 50 cents per vehicle new text end 57.21 new text begin for every six months of coverage, on each policy of automobile insurance providing new text end 57.22 new text begin comprehensive insurance coverage issued or renewed in this state. The surcharge may not new text end 57.23 new text begin be considered premium for any purpose, including the computation of premium tax or new text end 57.24 new text begin agents' commissions. The amount of the surcharge must be separately stated on either a new text end 57.25 new text begin billing or policy declaration sent to an insured. Insurers shall remit the revenue derived new text end 57.26 new text begin from this surcharge to the commissioner of revenue for purposes of the automobile theft new text end 57.27 new text begin prevention program described in section 65B.84. For purposes of this subdivision, "policy new text end 57.28 new text begin of automobile insurance" has the meaning given it in section 65B.14, covering only the new text end 57.29 new text begin following types of vehicles as defined in section 168.002: new text end 57.30 new text begin (1) a passenger automobile; new text end 57.31 new text begin (2) a pickup truck; new text end 57.32 new text begin (3) a van but not commuter vans as defined in section 168.126; or new text end 58.1 new text begin (4) a motorcycle, new text end 58.2 new text begin except that no vehicle with a gross vehicle weight in excess of 10,000 pounds is included new text end 58.3 new text begin within this definition. new text end 58.4     new text begin Subd. 2. new text end new text begin Automobile theft prevention account. new text end new text begin A special revenue account in new text end 58.5 new text begin the state treasury shall be credited with the proceeds of the surcharge imposed under new text end 58.6 new text begin subdivision 1. Of the revenue in the account, $1,300,000 each year must be transferred to new text end 58.7 new text begin the general fund. Revenues in excess of $1,300,000 each year may be used only for the new text end 58.8 new text begin automobile theft prevention program described in section 65B.84. new text end 58.9     new text begin Subd. 3. new text end new text begin Collection and administration. new text end new text begin The commissioner shall collect and new text end 58.10 new text begin administer the surcharge imposed by this section in the same manner as the taxes imposed new text end 58.11 new text begin by this chapter. new text end 58.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for premiums collected after June new text end 58.13 new text begin 30, 2013. new text end 58.14    Sec. 11. Minnesota Statutes 2012, section 297I.30, is amended by adding a subdivision 58.15to read: 58.16     new text begin Subd. 10. new text end new text begin Automobile theft prevention surcharge. new text end new text begin On or before May 1, August new text end 58.17 new text begin 1, November 1, and February 1 of each year, every insurer required to pay the surcharge new text end 58.18 new text begin under section 297I.11 shall file a return with the commissioner for the preceding new text end 58.19 new text begin three-month period ending March 31, June 30, September 30, and December 31, in the new text end 58.20 new text begin form prescribed by the commissioner. new text end 58.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for premiums collected after June new text end 58.22 new text begin 30, 2013. new text end 58.23    Sec. 12. Minnesota Statutes 2012, section 297I.35, subdivision 2, is amended to read: 58.24    Subd. 2. Electronic payments. If the aggregate amount of tax and surcharges due 58.25under this chapter during a fiscal year ending June 30 is equal to or exceeds $10,000, or 58.26if the taxpayer is required to make payment of any other tax to the commissioner by 58.27electronic means, then all tax and surcharge payments in the new text begin all new text end subsequent calendar year 58.28 new text begin years new text end must be paid by electronic means. 58.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the fiscal year ending June 30, new text end 58.30 new text begin 2013, and all fiscal years thereafter. new text end 58.31    Sec. 13. Minnesota Statutes 2012, section 473.843, subdivision 3, is amended to read: 59.1    Subd. 3. Payment of fee. On or before the 20th day of each month each operator 59.2shall pay the fee due under this section for the previous month, using a form provided 59.3by the commissioner of revenue. 59.4An operator having a fee of $10,000 or more during a fiscal year ending June 30 59.5must pay all fees in the new text begin all new text end subsequent calendar year new text begin years new text end by electronic means. 59.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the fiscal year ending June 30, new text end 59.7 new text begin 2013, and all fiscal years thereafter. new text end 59.8    Sec. 14. new text begin DATA SECURITY AUDIT. new text end 59.9 new text begin The legislative auditor is requested, as resources permit, to conduct a data security new text end 59.10 new text begin audit under Minnesota Statutes, section 3.971, subdivision 6a, of the Department of new text end 59.11 new text begin Revenue's use of debit cards as payment for tax refunds. new text end 59.12    Sec. 15. new text begin REPEALER. new text end 59.13 new text begin (a) new text end new text begin Minnesota Statutes 2012, section 168A.40, subdivisions 3 and 4, new text end new text begin are repealed new text end 59.14 new text begin effective for premiums collected after June 30, 2013. new text end 59.15 new text begin (b) new text end new text begin Minnesota Statutes 2012, section 270C.145, new text end new text begin is repealed the day following final new text end 59.16 new text begin enactment. new text end 59.17ARTICLE 6 59.18COMPENSATION COUNCIL 59.19    Section 1. Minnesota Statutes 2012, section 3.855, subdivision 3, is amended to read: 59.20    Subd. 3. Other salaries and compensation plans. The commission shall also: 59.21    (1) review and approve, reject, or modify a plan for compensation and terms and 59.22conditions of employment prepared and submitted by the commissioner of management 59.23and budget under section 43A.18, subdivision 2, covering all state employees who are 59.24not represented by an exclusive bargaining representative and whose compensation is not 59.25provided for by chapter 43A or other law; 59.26    (2) review and approve, reject, or modify a plan for total compensation and terms 59.27and conditions of employment for employees in positions identified as being managerial 59.28under section 43A.18, subdivision 3, whose salaries and benefits are not otherwise 59.29provided for in law or other plans established under chapter 43A; 59.30    (3) review and approve, reject, or modify recommendations for salaries submitted 59.31by the governor or other new text begin an new text end appointing authority new text begin other than the governor new text end under section 59.3215A.0815, subdivision 5 , covering agency head positions listed in section 15A.0815; 60.1    (4) review and approve, reject, or modify recommendations for salaries new text begin salary new text end 60.2 new text begin range new text end of officials of higher education systems under section 15A.081, subdivisions 7b 60.3and new text begin subdivision new text end 7c; 60.4    (5) review and approve, reject, or modify plans for compensation, terms, and 60.5conditions of employment proposed under section 43A.18, subdivisions 3a new text begin , 3b, new text end and 4; and 60.6    (6) review and approve, reject, or modify the plan for compensation, terms, and 60.7conditions of employment of classified employees in the office of the legislative auditor 60.8under section 3.971, subdivision 2. 60.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 60.10    Sec. 2. Minnesota Statutes 2012, section 15A.0815, subdivision 1, is amended to read: 60.11    Subdivision 1. Salary limits. The governor or other appropriate appointing 60.12authority shall set the salary rates for positions listed in this section within the salary limits 60.13listed in subdivisions 2 to 4, new text begin . If the appointing authority is not the governor, the appointing new text end 60.14 new text begin authority's action is new text end subject to approval of the Legislative Coordinating Commission and the 60.15legislature as provided by subdivision 5 and sections 3.855 and 15A.081, subdivision 7b. 60.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 60.17    Sec. 3. Minnesota Statutes 2012, section 15A.0815, subdivision 2, is amended to read: 60.18    Subd. 2. Group I salary limits. The salaries for positions in this subdivision may 60.19not exceed 95 percent of the salary of the governor: new text begin The salary for a position listed in this new text end 60.20 new text begin subdivision shall not exceed 133 percent of the salary of the governor. This limit must new text end 60.21 new text begin be adjusted annually on January 1. The new limit must equal the limit for the prior year new text end 60.22 new text begin increased by the percentage increase, if any, in the Consumer Price Index for all urban new text end 60.23 new text begin consumers from October of the second prior year to October of the immediately prior year. new text end 60.24 new text begin The commissioner of management and budget must publish the limit on the department's new text end 60.25 new text begin Web site. This subdivision applies to the following positions: new text end 60.26    Commissioner of administration; 60.27    Commissioner of agriculture; 60.28    Commissioner of education; 60.29    Commissioner of commerce; 60.30    Commissioner of corrections; 60.31    Commissioner of health; 60.32    Executive director, Minnesota Office of Higher Education; 60.33    Commissioner, Housing Finance Agency; 61.1    Commissioner of human rights; 61.2    Commissioner of human services; 61.3    Commissioner of labor and industry; 61.4Commissioner of management and budget; 61.5    Commissioner of natural resources; 61.6    Director of Office of Strategic and Long-Range Planning; 61.7    Commissioner, Pollution Control Agency; 61.8    Executive director, Public Employees Retirement Association; 61.9    Commissioner of public safety; 61.10    Commissioner of revenue; 61.11    Executive director, State Retirement System; 61.12    Executive director, Teachers Retirement Association; 61.13    Commissioner of employment and economic development; 61.14    Commissioner of transportation; and 61.15    Commissioner of veterans affairs. 61.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from January 1, 2013. new text end 61.17    Sec. 4. Minnesota Statutes 2012, section 15A.0815, subdivision 3, is amended to read: 61.18    Subd. 3. Group II salary limits. The salaries for positions in this subdivision may 61.19not exceed 85 percent of the salary of the governor. new text begin The salary for a position listed in this new text end 61.20 new text begin subdivision shall not exceed 120 percent of the salary of the governor. This limit must new text end 61.21 new text begin be adjusted annually on January 1. The new limit must equal the limit for the prior year new text end 61.22 new text begin increased by the percentage increase, if any, in the Consumer Price Index for all urban new text end 61.23 new text begin consumers from October of the second prior year to October of the immediately prior year. new text end 61.24 new text begin The commissioner of management and budget must publish the limit on the department's new text end 61.25 new text begin Web site. This subdivision applies to the following positions: new text end 61.26    Executive director of Gambling Control Board; 61.27    Commissioner, Iron Range Resources and Rehabilitation Board; 61.28    Commissioner, Bureau of Mediation Services; 61.29    Ombudsman for Mental Health and Developmental Disabilities; 61.30    Chair, Metropolitan Council; 61.31    School trust lands director; 61.32    Executive director of pari-mutuel racing; and 61.33    Commissioner, Public Utilities Commission. 61.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from January 1, 2013. new text end 62.1    Sec. 5. Minnesota Statutes 2012, section 15A.0815, subdivision 5, is amended to read: 62.2    Subd. 5. Appointing authorities to recommend certain salaries. (a) new text begin When new text end 62.3 new text begin the governor is the appointing authority, new text end the governor, or other appropriate appointing 62.4authority, may submit to the Legislative Coordinating Commission recommendations for 62.5 new text begin must establish new text end salaries within the salary limits for the positions listed in subdivisions 62.62 to 4. An appointing authority may also propose additions or deletions of positions 62.7from those listed. new text begin Before establishing a salary, the governor must consult with the new text end 62.8 new text begin commissioner of management and budget concerning the salary. In establishing the salary, new text end 62.9 new text begin the governor shall consider the criteria established in section 43A.18, subdivision 8, and new text end 62.10 new text begin the performance of individual incumbents. The performance evaluation must include a new text end 62.11 new text begin review of an incumbent's progress toward attainment of affirmative action goals. The new text end 62.12 new text begin governor shall establish an objective system for quantifying knowledge, abilities, duties, new text end 62.13 new text begin responsibilities, and accountabilities, and in determining recommendations rate each new text end 62.14 new text begin position by this system. new text end 62.15 new text begin (b) An appointing authority other than the governor may submit to the Legislative new text end 62.16 new text begin Coordinating Commission recommendations for salaries within the salary limits for the new text end 62.17 new text begin positions listed in subdivisions 2 to 4. new text end 62.18(b) Before submitting the recommendations, the appointing authority shall consult 62.19with the commissioner of management and budget concerning the recommendations. 62.20(c) In making recommendations, the appointing authority shall consider the 62.21criteria established in section 43A.18, subdivision 8, and the performance of individual 62.22incumbents. The performance evaluation must include a review of an incumbent's progress 62.23toward attainment of affirmative action goals. The appointing authority shall establish 62.24an objective system for quantifying knowledge, abilities, duties, responsibilities, and 62.25accountabilities, and in determining recommendations, rate each position by this system. 62.26(d) Before the appointing authority's recommended salaries take effect, the 62.27recommendations must be reviewed and approved, rejected, or modified by the Legislative 62.28Coordinating Commission and the legislature under section 3.855, subdivisions 2 and 62.293 . If, when the legislature is not in session, the commission fails to reject or modify 62.30salary recommendations of the governor within 30 calendar days of their receipt, the 62.31recommendations are deemed to be approved. 62.32 new text begin (c) The governor or other appointing authority may propose additions or deletions of new text end 62.33 new text begin positions from those listed in subdivisions 2 to 4. new text end 62.34(e) new text begin (d) new text end The new text begin governor or other new text end appointing authority shall set the initial salary of a 62.35head of a new agency or a chair of a new metropolitan board or commission whose salary 62.36is not specifically prescribed by law after consultation with the commissioner, whose 63.1recommendation is advisory only. The amount of the new salary must be comparable to the 63.2salary of an agency head or commission chair having similar duties and responsibilities. 63.3(f) new text begin (e) new text end The salary of a newly appointed head of an agency or chair of a metropolitan 63.4agency listed in subdivisions 2 to 4 new text begin who is appointed by someone other than the governor new text end , 63.5may be increased or decreased by the appointing authority from the salary previously 63.6set for that position within 30 days of the new appointment after consultation with 63.7the commissioner. If the appointing authority increases a salary under this paragraph, 63.8the appointing authority shall submit the new salary to the Legislative Coordinating 63.9Commission and the full legislature for approval, modification, or rejection under section 63.103.855, subdivisions 2 and 3 . If, when the legislature is not in session, the commission fails 63.11to reject or modify salary recommendations of the governor within 30 calendar days of 63.12their receipt, the recommendations are deemed to be approved. 63.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 63.14    Sec. 6. Minnesota Statutes 2012, section 15A.082, subdivision 1, is amended to read: 63.15    Subdivision 1. Creation. A Compensation Council is created each even-numbered 63.16 new text begin odd-numbered new text end year to assist the legislature in establishing the compensation of 63.17constitutional officers, members of the legislature, justices of the Supreme Court, judges 63.18of the Court of Appeals and district court, and the heads of state and metropolitan agencies 63.19included in section 15A.0815. 63.20    Sec. 7. Minnesota Statutes 2012, section 15A.082, subdivision 2, is amended to read: 63.21    Subd. 2. Membership. The Compensation Council consists of 16 members: two 63.22members of the house of representatives appointed by the speaker of the house new text begin , who are new text end 63.23 new text begin not members of the legislature new text end ; two members of the senate appointed by the majority 63.24leader of the senate new text begin , who are not members of the legislature new text end ; one member of the house 63.25of representatives appointed by the minority leader of the house of representatives new text begin , who new text end 63.26 new text begin is not a member of the legislature new text end ; one member of the senate appointed by the minority 63.27leader of the senate new text begin , who is not a member of the legislature new text end ; two nonjudges appointed by 63.28the chief justice of the Supreme Court; and one member from each congressional district 63.29appointed by the governor, of whom no more than four may belong to the same political 63.30party. Appointments must be made by October 1 new text begin after the first Monday in January and new text end 63.31 new text begin before January 15 new text end . The compensation and removal of members appointed by the governor 63.32or the chief justice shall be as provided in section 15.059, subdivisions 3 and 4. The 63.33Legislative Coordinating Commission shall provide the council with administrative and 63.34support services. 64.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 64.2    Sec. 8. Minnesota Statutes 2012, section 15A.082, subdivision 3, is amended to read: 64.3    Subd. 3. Submission of recommendations. (a) By May 1 new text begin March 15 new text end in each 64.4odd-numbered year, the Compensation Council shall submit to the speaker of the house 64.5and the president of the senate salary recommendations for constitutional officers, 64.6legislators, justices of the Supreme Court, and judges of the Court of Appeals and district 64.7court. The recommended salary for each office must take effect on the first Monday in 64.8January of the next odd-numbered year, with no more than one adjustment, to take effect 64.9on January 1 of the year after that. The salary recommendations for legislators, judges, and 64.10constitutional officers take effect if an appropriation of money to pay the recommended 64.11salaries is enacted after the recommendations are submitted and before their effective date. 64.12Recommendations may be expressly modified or rejected. The salary recommendations 64.13for legislators are subject to additional terms that may be adopted according to section 64.143.099 , subdivisions 1 and 3. 64.15(b) The council shall also submit to the speaker of the house and the president of 64.16the senate recommendations for the salary ranges of the heads of state and metropolitan 64.17agencies, to be effective retroactively from January 1 of that year if enacted into law. The 64.18recommendations shall include the appropriate group in section 15A.0815 to which each 64.19agency head should be assigned and the appropriate limitation on the maximum range of 64.20the salaries of the agency heads in each group, expressed as a percentage of the salary of 64.21the governor. 64.22    Sec. 9. Minnesota Statutes 2012, section 43A.17, subdivision 1, is amended to read: 64.23    Subdivision 1. Salary limits. As used in subdivisions 1 to 9, "salary" means hourly, 64.24monthly, or annual rate of pay including any lump-sum payments and cost-of-living 64.25adjustment increases but excluding payments due to overtime worked, shift or equipment 64.26differentials, work out of class as required by collective bargaining agreements or plans 64.27established under section 43A.18, and back pay on reallocation or other payments related 64.28to the hours or conditions under which work is performed rather than to the salary range 64.29or rate to which a class is assigned. For presidents of state universities, "salary" does 64.30not include a housing allowance provided through a compensation plan approved under 64.31section 43A.18, subdivision 3a. 64.32The salary, as established in section , of the head of a state agency in the 64.33executive branch is the upper limit on the salaries of individual employees in the agency. 64.34However, if an agency head is assigned a salary that is lower than the current salary of 65.1another agency employee, the employee retains the salary, but may not receive an increase 65.2in salary as long as the salary is above that of the agency head. The commissioner may 65.3grant exemptions from these upper limits as provided in subdivisions 3 and 4. 65.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from January 1, 2013. new text end 65.5    Sec. 10. Minnesota Statutes 2012, section 43A.17, subdivision 3, is amended to read: 65.6    Subd. 3. Unusual employment situations. (a) Upon the request of the appointing 65.7authority, and when the commissioner determines that changes in employment situations 65.8create difficulties in attracting or retaining employees, the commissioner may approve an 65.9unusual employment situation increase to advance an employee within the compensation 65.10plan new text begin salary range new text end . 65.11(b) If the commissioner determines that a position requires special expertise 65.12necessitating a higher salary to attract or retain qualified persons, the commissioner may 65.13grant an exemption not to exceed 120 percent of the salary of the head of the agency or the 65.14maximum rate established for the position, whichever is less. 65.15(c) The following conditions apply to a request under paragraph (a) to advance an 65.16employee within a compensation plan or under paragraph (b) to exceed the salary of the 65.17agency head new text begin salary range new text end : 65.18(1) the appointing authority making the request must submit a detailed written 65.19statement for each position contained in the request, specifying the changes in employment 65.20situations that create difficulties in attracting or retaining an employee for the position; 65.21(2) the commissioner shall review each proposal giving due consideration to salary 65.22rates paid to other employees in the same class and agency and, if other conditions in 65.23this paragraph are met, may approve any request that in the commissioner's judgment is 65.24in the best interest of the state; 65.25(3) the action must be consistent with applicable provisions of collective bargaining 65.26agreements or plans adopted under section 43A.18; 65.27(4) each increase or exemption must be separately documented for each employee or 65.28position and may not be applied to groups of employees; and 65.29(5) the commissioner shall report the granting of a request to the chair of the 65.30Legislative Coordinating Commission within three working days. 65.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 65.32    Sec. 11. new text begin COMPENSATION STUDY. new text end 66.1 new text begin The commissioner of management and budget must contract with an independent new text end 66.2 new text begin consultant to conduct a comprehensive market analysis of compensation for managerial new text end 66.3 new text begin positions in the executive branch in order to better align compensation for these positions new text end 66.4 new text begin with comparable positions in the private sector and with other relevant public sector new text end 66.5 new text begin employers. The analysis should evaluate total compensation, including insurance, new text end 66.6 new text begin retirement, and performance pay. new text end 66.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 66.8    Sec. 12. new text begin CONSTITUTIONAL OFFICERS SALARIES. new text end 66.9 new text begin The salary of the governor is increased by three percent effective January 1, 2015, new text end 66.10 new text begin and by three percent on January 1, 2016. The salaries of the other constitutional officers new text end 66.11 new text begin shall be adjusted to retain their proportional relationship as of January 1, 2013, to the new text end 66.12 new text begin salary of the governor. new text end 66.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 66.14    Sec. 13. new text begin REPEALER. new text end 66.15 new text begin Minnesota Statutes 2012, section 43A.17, subdivision 4, new text end new text begin is repealed. new text end " 66.16Delete the title and insert: 66.17"A bill for an act 66.18relating to the operation of state government; providing funding for the legislature, 66.19constitutional officers and other agencies, boards, councils, commissions, and 66.20state entities; changing certain state government programs; changing powers and 66.21duties of certain state officers; repealing the Minnesota Sunset Act; requiring the 66.22chair of the Legislative Advisory Commission alternate between a member of 66.23the senate and a member of the house of representatives; requiring the chair of 66.24the Legislative Advisory Commission be a senate member in 2013; allowing 66.25the Legislative Advisory Commission to accept grants and gifts related to the 66.26commission's duties; requiring data security audits by the legislative auditor 66.27under certain circumstances; requiring notification of the legislative auditor when 66.28public resources have been used unlawfully or government data has been accessed 66.29unlawfully; allowing the secretary of state authority to accept funds from local 66.30government units for election systems enhancements and to receive certain funds 66.31for the address confidentiality program; allowing the state auditor to change a 66.32onetime user fee for a small city and town accounting system software; changing 66.33provisions for bid solicitations and proposals; changing certain provisions for 66.34service contracts and the solicitation process; requiring a determination of the 66.35information technology cost for agency technology cost for agency technology 66.36projects; expanding E-Government initiative and establishing the E-Government 66.37Advisory Council; allowing a convenience fee for users of NorthStar or online 66.38government information services; changing certain audit provisions relating to 66.39duties of the state auditor and the legislative auditor; allowing the state auditor 66.40to bill counties and political subdivisions periodically for services rendered; 66.41establishing a state auditor enterprise fund; modifying provisions for general 66.42noncommercial radio station and equipment grants; removing investigative 66.43powers of the Mississippi River Parkway Commission; changing a paid military 67.1leave provision; modifying provisions in the Veterans Service Office grant 67.2program; changing provisions in the Minnesota GI Bill program; establishing 67.3presumption of rehabilitation by an honorable discharge status from military 67.4service following a prior offense; providing for a bid preference for contracts 67.5for veteran-owned small businesses; allowing active duty service members to 67.6take a peace officer reciprocity exam; making Department of Revenue changes; 67.7establishing electronic filing requirements; establishing an automobile theft 67.8prevention surcharge; requesting the legislative auditor conduct a data security of 67.9the Department of Revenue's use of debit cards for tax refunds; adjusting certain 67.10salary groups; making compensation council changes; requiring a compensation 67.11study; adjusting constitutional officers salaries; requiring reports; appropriating 67.12money;amending Minnesota Statutes 2012, sections 3.30, subdivision 2; 3.303, 67.13by adding a subdivision; 3.85, subdivisions 8, 9; 3.855, subdivision 3; 3.885, by 67.14adding a subdivision; 3.971, subdivision 6, by adding subdivisions; 6.48; 6.56, 67.15subdivision 2; 13.591, subdivision 3; 15A.0815, subdivisions 1, 2, 3, 5; 15A.082, 67.16subdivisions 1, 2, 3; 16A.10, subdivision 1c; 16A.82; 16C.02, subdivision 67.1713; 16C.06, subdivision 2; 16C.09; 16C.10, subdivision 6; 16C.145; 16C.33, 67.18subdivision 3; 16C.34, subdivision 1; 16E.07, by adding a subdivision; 32C.04; 67.1943A.17, subdivisions 1, 3; 65B.84, subdivision 1; 129D.14, subdivisions 2, 3; 67.20129D.15; 129D.155; 161.1419, subdivision 3; 192.26; 197.608, subdivisions 67.211, 3, 4, 5, 6; 197.791, subdivisions 4, 5; 254A.035, subdivision 2; 254A.04; 67.22256B.093, subdivision 1; 260.835, subdivision 2; 270C.69, subdivision 1; 67.23289A.20, subdivisions 2, 4; 289A.26, subdivision 2a; 295.55, subdivision 67.244; 297F.09, subdivision 7; 297G.09, subdivision 6; 297I.30, by adding a 67.25subdivision; 297I.35, subdivision 2; 364.03, subdivision 3; 469.3201; 471.699; 67.26473.843, subdivision 3; 626.8517; Laws 2012, chapter 278, article 1, section 5; 67.27article 2, sections 27; 34; proposing coding for new law in Minnesota Statutes, 67.28chapters 5; 5B; 6; 16E; 297I; 471; repealing Minnesota Statutes 2012, sections 67.293.304, subdivisions 1, 5; 3.885, subdivision 10; 3D.01; 3D.02; 3D.03; 3D.04; 67.303D.045; 3D.05; 3D.06; 3D.065; 3D.07; 3D.08; 3D.09; 3D.10; 3D.11; 3D.12; 67.313D.13; 3D.14; 3D.15; 3D.16; 3D.17; 3D.18; 3D.19; 3D.20; 3D.21, subdivisions 67.322, 3, 4, 5, 6, 7, 8; 6.58; 43A.17, subdivision 4; 168A.40, subdivisions 3, 4; 67.33197.608, subdivision 2a; 270C.145; Laws 2012, chapter 278, article 1, section 6." We request the adoption of this report and repassage of the bill. Senate Conferees: ..... ..... Tom Saxhaug Richard J. Cohen ..... ..... Chris A. Eaton Bobby Joe Champion ..... Melisa Franzen House Conferees: ..... ..... Mary Murphy Jerry Newton ..... ..... Michael V. Nelson Steve Simon ..... John Persell