as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 08/14/1998 |
1.1 A bill for an act 1.2 relating to state departments; abolishing the 1.3 department of public safety, the higher education 1.4 coordinating board, the Minnesota racing commission, 1.5 the gambling control board, the state lottery board, 1.6 and the department of public service; transferring 1.7 certain responsibilities and personnel to other 1.8 agencies; creating new agencies; reducing certain 1.9 appropriations; amending Minnesota Statutes 1994, 1.10 sections 3.732, subdivision 1; 8.33; 10A.01, 1.11 subdivision 18; 10A.09, subdivision 1; 15.01; 15A.081, 1.12 subdivisions 1 and 7b; 16B.14; 16B.46; 16B.54, 1.13 subdivision 2; 43A.05, subdivision 4; 43A.34, 1.14 subdivision 4; 65B.28, subdivision 2; 116C.03, 1.15 subdivision 2; 126.663, subdivision 3; 126A.02, 1.16 subdivision 2; 135A.10, subdivision 1; 136A.01; 1.17 136A.03; 136A.08; 136A.101, subdivisions 2 and 3; 1.18 136A.15, subdivisions 3 and 4; 136A.16, subdivision 1; 1.19 136A.233, subdivision 2; 136A.62, subdivision 2; 1.20 136C.042, subdivision 1; 161.125, subdivision 3; 1.21 161.20, subdivision 4; 161.465; 168.011, by adding 1.22 subdivisions; 168.126, subdivision 3; 168.325; 1.23 169.751; 169.783, subdivision 1; 170.23; 170.24; 1.24 171.015; 216A.01; 216A.035; 216A.036; 216A.04; 1.25 216A.05, by adding a subdivision; 216A.07; 216A.085; 1.26 216A.095; 216B.02, subdivision 7, and by adding 1.27 subdivisions; 216B.16, subdivision 2; 216B.162, 1.28 subdivision 7; 216B.241, subdivisions 1 and 2; 1.29 216B.62; 216B.64; 216B.65; 216C.01, subdivisions 2, 3, 1.30 and by adding a subdivision; 216C.10; 216C.19, 1.31 subdivision 1; 216C.37, subdivision 1; 218.031, 1.32 subdivision 2; 237.02; 237.075, subdivision 2; 1.33 237.295; 237.30; 239.01; 239.05, subdivisions 6c, 7a, 1.34 and 8; 240.01, by adding subdivisions; 240.011; 1.35 240.03; 240.04; 240.05, subdivision 2; 240.06, 1.36 subdivisions 3, 7, and 8; 240.07, subdivision 2; 1.37 240.08; 240.09, subdivision 3a; 240.155; 240.16; 1.38 240.18, subdivision 2; 240.21; 240.24; 240.28; 270.73, 1.39 subdivision 1; 297B.01, subdivision 3; 297C.09; 1.40 297C.10, subdivision 1; 298.2214, subdivision 5; 1.41 299A.02; 299A.30; 299A.31, subdivision 1; 299A.331, 1.42 subdivision 1; 299A.38, subdivision 1; 299C.01; 1.43 299C.03; 299C.06; 299C.13; 299C.50; 299F.01; 299F.05, 1.44 subdivision 2; 299L.01; 299L.02, subdivisions 2, 3, 4, 1.45 and 5; 299L.03, subdivisions 1, 4, 5, and 7; 340A.201; 1.46 347.51, subdivision 2a; 349.12, subdivision 10, and by 2.1 adding subdivisions; 349.13; 349.151, subdivisions 2 2.2 and 8; 349.152, subdivision 1; 349.153; 349.155, 2.3 subdivision 4; 349.162, subdivisions 2 and 6; 349.163, 2.4 subdivision 6; 349.165, subdivision 2; 349.18, 2.5 subdivision 1; 349.19, subdivision 6; 349A.01, by 2.6 adding a subdivision; 349A.02, subdivisions 1 and 8; 2.7 349A.03, subdivision 2; 349A.04; 349A.05; 349A.06, 2.8 subdivision 2; 349A.08, subdivision 7; 349A.11; 2.9 349A.12, subdivision 4; 352B.01, subdivision 2; 2.10 360.0752, subdivision 7; 360.0753, subdivision 6; 2.11 611A.20, subdivision 2; 624.7151; 626.5531, 2.12 subdivision 2; 626.562, subdivision 1; and 634.16; 2.13 proposing coding for new law in Minnesota Statutes, 2.14 chapters 135A; 136A; 216C; and 349B; repealing 2.15 Minnesota Statutes 1994, sections 135A.052, 2.16 subdivisions 2 and 3; 135A.08; 135A.12, subdivision 5; 2.17 136A.02; 136A.04; 136A.041; 136A.043; 136A.85; 2.18 136A.86; 136A.87; 136A.88; 216A.06; 216B.02, 2.19 subdivision 8; 237.69, subdivision 3; 240.01, 2.20 subdivision 4; 240.02; 270B.12, subdivision 4; 2.21 299A.01; 349.12, subdivision 6; 349.151, subdivisions 2.22 1, 2, and 3a; 349.152, subdivision 4; 349A.01, 2.23 subdivision 2; and 349A.03, subdivision 1; Laws 1987, 2.24 chapter 315, section 4, subdivision 2; Laws 1990, 2.25 chapters 571, section 39; and 594, article 3, sections 2.26 6 and 7. 2.27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.28 ARTICLE 1 2.29 DEPARTMENT OF PUBLIC SAFETY ABOLISHED 2.30 Section 1. [DEPARTMENT OF PUBLIC SAFETY ABOLISHED; 2.31 RESPONSIBILITIES TRANSFERRED.] 2.32 Subdivision 1. [DEPARTMENT ABOLISHED, RESPONSIBILITIES 2.33 TRANSFERRED.] The department of public safety is abolished. The 2.34 responsibilities held by the department are transferred to a 2.35 receiving agency as designated in this act. Except as otherwise 2.36 provided by this article, the responsibilities of the department 2.37 must be transferred pursuant to Minnesota Statutes, section 2.38 15.039. For purposes of this article "responsibilities" 2.39 includes the powers, duties, rights, obligations, rules, court 2.40 actions, contracts, records, property of every description, 2.41 unexpended funds, personnel, and authority imposed by law, of 2.42 the department of public safety. For the purposes of this 2.43 article, "receiving agency" has the meaning given to "new 2.44 agency" in Minnesota Statutes, section 15.039, subdivision 1. 2.45 Subd. 2. [SPECIFIC POSITIONS ABOLISHED.] (a) The following 2.46 positions in the department of public safety are not transferred 2.47 to a receiving agency and are specifically abolished: 2.48 (1) commissioner; 3.1 (2) deputy commissioner; 3.2 (3) assistant commissioners; 3.3 (4) assistants to the commissioner; 3.4 (5) office of the commissioner (all positions); 3.5 (6) affirmative action officer; 3.6 (7) eight positions from fiscal and administrative 3.7 services; 3.8 (8) personnel, training, employee relations (all 3.9 positions); 3.10 (9) 12 positions from information systems management; 3.11 (10) public education and media relations (all positions); 3.12 and 3.13 (11) liquor control (the two unclassified positions of 3.14 director and deputy director and all positions not specifically 3.15 transferred to the department of commerce). 3.16 (b) After the day of enactment of this act, the department 3.17 of public safety shall not fill any position listed in paragraph 3.18 (a), clauses (7), (9), and (11), that is vacant or becomes 3.19 vacant. This paragraph is effective the day following final 3.20 enactment. 3.21 (c) In determining the remaining positions listed in 3.22 paragraph (a), clauses (7), (9), and (11), that are to be 3.23 transferred to a receiving agency, the positions abolished under 3.24 that paragraph must first include the positions vacant on July 3.25 1, 1995. Positions abolished under paragraph (a), clauses (7), 3.26 (9), and (11), that are occupied by employees must then be 3.27 determined first by any applicable law, then any applicable 3.28 collective bargaining agreement, and only then by determination 3.29 of the receiving agency. 3.30 Subd. 3. [SPECIFIC RESPONSIBILITIES ABOLISHED, NOT 3.31 TRANSFERRED.] The responsibilities of the following offices of 3.32 the department are abolished and not transferred to a receiving 3.33 agency: 3.34 (1) office of affirmative action; 3.35 (2) office of personnel, training, employee relations; and 3.36 (3) office of public education and media relations. 3.37 Subd. 4. [DEPARTMENT OF TRANSPORTATION.] The 4.1 responsibilities of the following units are transferred to the 4.2 department of transportation: 4.3 (1) traffic safety division; 4.4 (2) driver and vehicle services division; 4.5 (3) capitol complex security division; 4.6 (4) state patrol division; 4.7 (5) seven positions from the office of information systems 4.8 management; and 4.9 (6) 22 positions from the office of fiscal and 4.10 administrative services. 4.11 Subd. 5. [OFFICE OF THE GOVERNOR.] The responsibilities of 4.12 the following units are transferred to the office of the 4.13 governor: 4.14 (1) office of drug policy; and 4.15 (2) office of violence prevention. 4.16 Subd. 6. [DEPARTMENT OF CORRECTIONS.] The responsibilities 4.17 of the following units are transferred to the department of 4.18 corrections: 4.19 (1) crime victim and witness advisory council; 4.20 (2) crime victim ombudsman; and 4.21 (3) crime victims reparations board. 4.22 Subd. 7. [POLLUTION CONTROL AGENCY.] The responsibilities 4.23 of the office of pipeline safety are transferred to the 4.24 pollution control agency. 4.25 Subd. 8. [PUBLIC UTILITIES COMMISSION.] The 4.26 responsibilities of the following units are transferred to the 4.27 public utilities commission: 4.28 (1) emergency management division; and 4.29 (2) emergency response commission. 4.30 Subd. 9. [DEPARTMENT OF EMPLOYEE RELATIONS.] The 4.31 responsibilities related to public safety officer's survivor 4.32 benefits in Minnesota Statutes, sections 299A.41 to 299A.47 are 4.33 transferred to the department of employee relations. 4.34 Subd. 10. [DEPARTMENT OF COMMERCE.] The responsibilities 4.35 of the liquor control division are transferred to the department 4.36 of commerce. Six positions from the liquor control licensing 5.1 activity and six positions from the liquor enforcement activity 5.2 of the liquor control division are transferred to the department 5.3 of commerce. The person occupying the unclassified position of 5.4 secretary to the director on the effective date of this section, 5.5 may transfer to a classified position in the liquor control 5.6 licensing activity with the department of commerce and may 5.7 continue to occupy that position pursuant to the appropriate 5.8 personnel code and employment laws. The 11 persons occupying on 5.9 the effective date of this section, the remaining 11 classified 5.10 positions to be transferred on July 1, 1995, may continue to 5.11 occupy those positions with the department of commerce pursuant 5.12 to the appropriate personnel code and employment laws. 5.13 Subd. 11. [BUREAU OF CRIMINAL APPREHENSION.] All powers, 5.14 duties, and responsibilities formerly held by the commissioner 5.15 of public safety with respect to the bureau of criminal 5.16 apprehension are transferred to the superintendent of the bureau 5.17 of criminal apprehension. The bureau is established as an 5.18 agency of the executive branch of state government pursuant to 5.19 section 34. The responsibilities of the following units are 5.20 also transferred to the bureau: 5.21 (1) gambling enforcement division; 5.22 (2) the division of the state fire marshal; 5.23 (3) seven positions from the office of finance and 5.24 administrative services; 5.25 (4) 17 positions from the office of information systems 5.26 management; and 5.27 (5) the Minnesota advisory council on fire protection 5.28 systems. 5.29 Possession of the department's minicomputer system and 5.30 equipment is transferred to the bureau of criminal apprehension. 5.31 Computer applications supporting functions not transferred to 5.32 the bureau of criminal apprehension are transferred to the 5.33 applicable receiving agencies. For programs not transferred to 5.34 the bureau of criminal apprehension, the commissioner of 5.35 transportation shall make the necessary arrangements for the 5.36 effective management of the department's information systems. 6.1 The commissioner of transportation may lease time and services 6.2 on the minicomputer system transferred to the bureau, and shall 6.3 compensate the superintendent of the bureau for the leased time 6.4 and services from funds appropriated to the commissioner for 6.5 driver and vehicle services. 6.6 CONFORMING AMENDMENTS 6.7 Sec. 2. Minnesota Statutes 1994, section 3.732, 6.8 subdivision 1, is amended to read: 6.9 Subdivision 1. [DEFINITIONS.] As used in this section and 6.10 section 3.736 the terms defined in this section have the 6.11 meanings given them. 6.12 (1) "State" includes each of the departments, boards, 6.13 agencies, commissions, courts, and officers in the executive, 6.14 legislative, and judicial branches of the state of Minnesota and 6.15 includes but is not limited to the housing finance agency, the 6.16 higher education coordinating board, the higher education 6.17 facilities authority, the health technology advisory committee, 6.18 the armory building commission, the zoological board, the iron 6.19 range resources and rehabilitation board, the state agricultural 6.20 society, the University of Minnesota, state universities, 6.21 community colleges, state hospitals, and state penal 6.22 institutions. It does not include a city, town, county, school 6.23 district, or other local governmental body corporate and politic. 6.24 (2) "Employee of the state" means all present or former 6.25 officers, members, directors, or employees of the state, members 6.26 of the Minnesota national guard, members of a bomb disposal unit 6.27 approved by thecommissioner of public safetysuperintendent of 6.28 the bureau of criminal apprehension and employed by a 6.29 municipality defined in section 466.01 when engaged in the 6.30 disposal or neutralization of bombs outside the jurisdiction of 6.31 the municipality but within the state, or persons acting on 6.32 behalf of the state in an official capacity, temporarily or 6.33 permanently, with or without compensation. It does not include 6.34 either an independent contractor or members of the Minnesota 6.35 national guard while engaged in training or duty under United 6.36 States Code, title 10, or title 32, section 316, 502, 503, 504, 7.1 or 505, as amended through December 31, 1983. Notwithstanding 7.2 sections 43A.02 and 611.263, for purposes of this section and 7.3 section 3.736 only, "employee of the state" includes a district 7.4 public defender or assistant district public defender in the 7.5 second or fourth judicial district and a member of the health 7.6 technology advisory committee. 7.7 (3) "Scope of office or employment" means that the employee 7.8 was acting on behalf of the state in the performance of duties 7.9 or tasks lawfully assigned by competent authority. 7.10 (4) "Judicial branch" has the meaning given in section 7.11 43A.02, subdivision 25. 7.12 Sec. 3. Minnesota Statutes 1994, section 15.01, is amended 7.13 to read: 7.14 15.01 [DEPARTMENTS OF THE STATE.] 7.15 The following agencies are designated as the departments of 7.16 the state government: the department of administration; the 7.17 department of agriculture; the department of commerce; the 7.18 department of corrections; the department of education; the 7.19 department of economic security; the department of trade and 7.20 economic development; the department of finance; the department 7.21 of health; the department of human rights; the department of 7.22 labor and industry; the department of military affairs; the 7.23 department of natural resources; the department of employee 7.24 relations;the department of public safety;the department of 7.25 public service; the department of human services; the department 7.26 of revenue; the department of transportation; the department of 7.27 veterans affairs; and their successor departments. 7.28 Sec. 4. Minnesota Statutes 1994, section 15A.081, 7.29 subdivision 1, is amended to read: 7.30 Subdivision 1. [SALARY RANGES.] The governor shall set the 7.31 salary rate within the ranges listed below for positions 7.32 specified in this subdivision, upon approval of the legislative 7.33 commission on employee relations and the legislature as provided 7.34 by section 3.855: 7.35 Salary Range 7.36 $57,500-$78,500 8.1 Commissioner of finance; 8.2 Commissioner of education; 8.3 Commissioner of transportation; 8.4 Commissioner of human services; 8.5 Commissioner of revenue; 8.6Commissioner of public safety;8.7 Executive director, state board of investment; 8.8 $50,000-$67,500 8.9 Commissioner of administration; 8.10 Commissioner of agriculture; 8.11 Commissioner of commerce; 8.12 Commissioner of corrections; 8.13 Commissioner of economic security; 8.14 Commissioner of employee relations; 8.15 Commissioner of health; 8.16 Commissioner of labor and industry; 8.17 Commissioner of natural resources; 8.18 Commissioner of trade and economic development; 8.19 Chief administrative law judge; office of administrative 8.20 hearings; 8.21 Commissioner, pollution control agency; 8.22 Director, office of waste management; 8.23 Commissioner, housing finance agency; 8.24 Executive director, public employees retirement 8.25 association; 8.26 Executive director, teacher's retirement association; 8.27 Executive director, state retirement system; 8.28 Superintendent, bureau of criminal apprehension 8.29 $42,500-$60,000 8.30 Commissioner of human rights; 8.31 Commissioner, department of public service; 8.32 Commissioner of veterans affairs; 8.33 Commissioner, bureau of mediation services; 8.34 Commissioner, public utilities commission; 8.35 Member, transportation regulation board; 8.36 Ombudsman for corrections; 9.1 Ombudsman for mental health and retardation. 9.2 Sec. 5. Minnesota Statutes 1994, section 16B.14, is 9.3 amended to read: 9.4 16B.14 [CERTAIN VEHICLES.] 9.5 Upon the written request of thecommissioner of public9.6safetysuperintendent of the bureau of criminal apprehension, 9.7 motor vehicles for specific use by investigative and undercover 9.8 agents of thedepartment of public safetybureau of criminal 9.9 apprehension must be purchased by the brand make and 9.10 model. Upon the written request of the commissioner of 9.11 transportation, motor vehicles for specific use as specially 9.12 marked patrol vehicles pursuant to section 169.98 must be 9.13 purchased by the brand make and model. All other provisions of 9.14 this chapter relating to competitive bidding apply to purchases 9.15 covered by this section. 9.16 Sec. 6. Minnesota Statutes 1994, section 16B.46, is 9.17 amended to read: 9.18 16B.46 [TELECOMMUNICATION; POWERS.] 9.19 The commissioner shall supervise and control all state 9.20 telecommunication facilities including any transmission, 9.21 emission, or reception of signs, signals, writing, images, and 9.22 sounds or intelligence of any nature by wire, radio, optical, or 9.23 other electromagnetic systems. Nothing in this section 9.24 modifies, amends, or abridges any powers and duties presently 9.25 vested in or imposed upon the commissioner of transportationor9.26the commissioner of public safety, commissioner of commerce, or 9.27 superintendent of the bureau of criminal apprehension relating 9.28 to telecommunications facilities or the commissioner of 9.29 transportation relating only to radio air navigation facilities 9.30 or other air navigation facilities. 9.31 Sec. 7. Minnesota Statutes 1994, section 16B.54, 9.32 subdivision 2, is amended to read: 9.33 Subd. 2. [VEHICLES.] (a) [ACQUISITION FROM AGENCY; 9.34 APPROPRIATION.] The commissioner may direct an agency to make a 9.35 transfer of a passenger motor vehicle or truck currently 9.36 assigned to it. The transfer must be made to the commissioner 10.1 for use in the central motor pool. The commissioner shall 10.2 reimburse an agency whose motor vehicles have been paid for with 10.3 funds dedicated by the constitution for a special purpose and 10.4 which are assigned to the central motor pool. The amount of 10.5 reimbursement for a motor vehicle is its average wholesale price 10.6 as determined from the midwest edition of the National 10.7 Automobile Dealers Association official used car guide. 10.8 (b) [PURCHASE.] To the extent that funds are available for 10.9 the purpose, the commissioner may purchase or otherwise acquire 10.10 additional passenger motor vehicles and trucks necessary for the 10.11 central motor pool. The title to all motor vehicles assigned to 10.12 or purchased or acquired for the central motor pool is in the 10.13 name of the department of administration. 10.14 (c) [TRANSFER AT AGENCY REQUEST.] On the request of an 10.15 agency, the commissioner may transfer to the central motor pool 10.16 any passenger motor vehicle or truck for the purpose of 10.17 disposing of it. The department or agency transferring the 10.18 vehicle or truck must be paid for it from the motor pool 10.19 revolving account established by this section in an amount equal 10.20 to two-thirds of the average wholesale price of the vehicle or 10.21 truck as determined from the midwest edition of the National 10.22 Automobile Dealers Association official used car guide. 10.23 (d) [VEHICLES; MARKING.] The commissioner shall provide 10.24 for the uniform marking of all motor vehicles. Motor vehicle 10.25 colors must be selected from the regular color chart provided by 10.26 the manufacturer each year. The commissioner may further 10.27 provide for the use of motor vehicles without marking by the 10.28 governor, the lieutenant governor, thedivisionbureau of 10.29 criminal apprehension, division of liquor control, division of10.30gambling enforcement, arson investigators of the division of10.31fire marshal in the department of public safetyof the 10.32 department of commerce, financial institutions division of the 10.33 department of commerce, state lottery, criminal investigators of 10.34 the department of revenue, state-owned community service 10.35 facilities in the department of human services, the 10.36 investigative staff of the department of economic security, and 11.1 the office of the attorney general. 11.2 Sec. 8. Minnesota Statutes 1994, section 43A.05, 11.3 subdivision 4, is amended to read: 11.4 Subd. 4. [TIME OFF IN EMERGENCIES.] The commissioner shall 11.5 authorize appointing authorities to pay for time off in 11.6 emergencies. The commissioner, after consultation with the 11.7 commissioner ofpublic safetytransportation, may excuse 11.8 employees from duty with full pay in the event of a natural or 11.9 other emergency, if continued operation would involve a threat 11.10 to the health or safety of individuals. Absence with pay shall 11.11 not exceed 16 working hours at any one time unless the 11.12 commissioner authorizes a longer duration. 11.13 Sec. 9. Minnesota Statutes 1994, section 43A.34, 11.14 subdivision 4, is amended to read: 11.15 Subd. 4. [STATE PATROL, CONSERVATION AND CRIME BUREAU 11.16 OFFICERS EXEMPTED.] Notwithstanding any provision to the 11.17 contrary, (a) conservation officers and crime bureau officers 11.18 who were first employed on or after July 1, 1973, and who are 11.19 members of the state patrol retirement fund by reason of their 11.20 employment, and members of the Minnesota state patrol division 11.21 of the department of transportation and gambling 11.22 enforcementdivisions of the department of public11.23safetydivision of the bureau of criminal apprehension who are 11.24 members of the state patrol retirement association by reason of 11.25 their employment, shall not continue employment after attaining 11.26 the age of 60 years, except for a fractional portion of one year 11.27 that will enable the employee to complete the employee's next 11.28 full year of allowable service as defined pursuant to section 11.29 352B.01, subdivision 3; and (b) conservation officers and crime 11.30 bureau officers who were first employed and are members of the 11.31 state patrol retirement fund by reason of their employment 11.32 before July 1, 1973, shall not continue employment after 11.33 attaining the age of 70 years. 11.34 Sec. 10. Minnesota Statutes 1994, section 65B.28, 11.35 subdivision 2, is amended to read: 11.36 Subd. 2. [ACCIDENT PREVENTION COURSE; RULES.] The 12.1 commissioner ofpublic safetytransportation shall adopt rules 12.2 establishing and regulating a motor vehicle accident prevention 12.3 course for persons 55 years old and older. The rules must, at a 12.4 minimum, include provisions: 12.5 (1) establishing curriculum requirements; 12.6 (2) establishing the number of hours required for 12.7 successful completion of the course; and 12.8 (3) providing for the issuance of a course completion 12.9 certification and requiring its submission to an insured as 12.10 evidence of completion of the course. 12.11 Sec. 11. Minnesota Statutes 1994, section 161.125, 12.12 subdivision 3, is amended to read: 12.13 Subd. 3. [SOUND ABATEMENT MEASURES.] For the purpose of 12.14 this section, sound abatement measures include but are not 12.15 limited to the following: 12.16 (a) traffic management measures, including reduced speed 12.17 limits or exclusion and rerouting of excessively noisy vehicles; 12.18 (b) design and construction measures, including use of 12.19 sound absorbing road surface materials, landscaping and 12.20 planning, acquisition of buffer zones or noise insulation of 12.21 buildings on abutting property; 12.22 (c) enforcement of the motor vehicle source noise limits of 12.23 the pollution control agency and of the federal bureau of motor 12.24 carrier safety; and 12.25 (d) other measures designed for the purpose of reducing 12.26 motor vehicle source noise or reducing the effects of that 12.27 noise. Thecommissioner of public safety shall cooperate with12.28thecommissioner of transportationin implementing anymay 12.29 implement sound abatement measures that include law enforcement 12.30 activities. 12.31 Sec. 12. Minnesota Statutes 1994, section 161.20, 12.32 subdivision 4, is amended to read: 12.33 Subd. 4. [DEBT COLLECTION.] The commissioner shall make 12.34 reasonable and businesslike efforts to collect money owed for 12.35 licenses, fines, penalties, and permit fees or arising from 12.36 damages to state-owned property or other causes related to the 13.1 activities of the department of transportation. The 13.2 commissioner may contract for debt collection services for the 13.3 purpose of collecting a money judgment or legal indebtedness. 13.4 The commissioner mayenter into an agreement with the13.5commissioner of public safety touse debt collection services 13.6 authorized by this subdivision when civil penalties relating to 13.7 the use of highways have been reduced to money judgment. Money 13.8 received as full or partial payment shall be deposited to the 13.9 appropriate fund. When money is collected through contracted 13.10 services, the commissioner may make payment for the service from 13.11 the money collected. The amount necessary for payment of 13.12 contractual collection costs is appropriated from the fund in 13.13 which money so collected is deposited. 13.14 Sec. 13. Minnesota Statutes 1994, section 161.465, is 13.15 amended to read: 13.16 161.465 [REIMBURSEMENT FOR FIRE SERVICES.] 13.17 Ordinary expenses incurred by a municipal or volunteer fire 13.18 department in extinguishing a grass fire within the right-of-way 13.19 of a trunk highway must be reimbursed upon certification to the 13.20 commissioner of transportation from the trunk highway fund. In 13.21 addition, ordinary expenses incurred by a municipal or volunteer 13.22 fire department in extinguishing a fire outside the right-of-way 13.23 of any trunk highway if the fire originated within the 13.24 right-of-way, upon approval of a police officeror an officer or13.25 , state trooper, employee of thedepartment of public safety13.26 state fire marshal, or arson investigator of the bureau of 13.27 criminal apprehension must, upon certification to the 13.28 commissioner of transportation by the proper official of the 13.29 municipality or fire department within 60 days after the 13.30 completion of the service, be reimbursed to the municipality or 13.31 fire department from funds in the trunk highway fund. The 13.32 commissioner of transportation shall take action practicable to 13.33 secure reimbursement to the trunk highway fund of money expended 13.34 under this section from the person, firm, or corporation 13.35 responsible for the fire or danger of fire. 13.36 The provisions of this section shall not be construed to 14.1 admit state liability for damage or destruction to private 14.2 property or for injury to persons resulting from a fire 14.3 originating within a trunk highway right-of-way. 14.4 Sec. 14. Minnesota Statutes 1994, section 168.011, is 14.5 amended by adding a subdivision to read: 14.6 Subd. 37. [COMMISSIONER.] "Commissioner" means the 14.7 commissioner of transportation. 14.8 Sec. 15. Minnesota Statutes 1994, section 168.011, is 14.9 amended by adding a subdivision to read: 14.10 Subd. 38. [DEPARTMENT.] "Department" means the department 14.11 of transportation. 14.12 Sec. 16. Minnesota Statutes 1994, section 168.126, 14.13 subdivision 3, is amended to read: 14.14 Subd. 3. [ELIGIBILITY CRITERIA; COMMISSIONER OF PUBLIC14.15SAFETY.] Thecommissioner of public safety, in cooperation with14.16thecommissioner of transportation,shall establish criteria and 14.17 procedures governing applications for and issuance of plates 14.18 permitted by this section. The criteria and procedures may 14.19 include: 14.20 (1) certification of vehicle use as a commuter van; 14.21 (2) provision for transfer of special license plates; and 14.22 (3) deposit of fees for the registration, sale, and 14.23 transfer of commuter vans. 14.24 The special plate must be designed to specifically identify 14.25 the vehicle as a commuter van. 14.26 Sec. 17. Minnesota Statutes 1994, section 168.325, is 14.27 amended to read: 14.28 168.325 [DIVISION OFMOTOR VEHICLESDRIVER AND VEHICLE 14.29 SERVICES.] 14.30 Subdivision 1. [CREATION.] A division in the department of 14.31public safetytransportation to be known as the division of 14.32motor vehiclesdriver and vehicle services ishereby14.33createdestablished, under the supervision and control of the 14.34 director. The commissioner of transportation may place the 14.35 director's position in the unclassified service if the position 14.36 meets the criteria established in section 43A.08, subdivision 1a. 15.1 Subd. 2. [VEHICLE REGISTRATION RESPONSIBILITIES.] All the 15.2 functions, powers, and duties now vested in or imposed upon 15.3 thesecretary of state asregistrar of motor vehicles as 15.4 prescribedin Minnesota Statutes 1967, chapter 168, or any other15.5 by law, relating to the registration of motor vehicles, the 15.6 issuance of motor vehicle licenses, the licensing of motor 15.7 vehicle dealers, and other related matterstherein containednot 15.8 otherwise provided for in this section, are hereby transferred 15.9 to, vested in, and imposed upon the commissioner ofpublic15.10safety. The duties of the secretary of state in relation15.11thereto as heretofore constituted are abolishedtransportation. 15.12Subd. 4. All the powers and duties now vested in or15.13imposed upon the secretary of state in the issuance of15.14chauffeurs' licenses and school bus drivers' licenses as15.15prescribed in Minnesota Statutes 1967, chapter 168, are hereby15.16transferred to, vested in, and imposed upon the commissioner of15.17public safety. The duties of the secretary of state in15.18connection with the issuance of such licenses are hereby15.19abolished.15.20 Sec. 18. Minnesota Statutes 1994, section 169.751, is 15.21 amended to read: 15.22 169.751 [DEFINITIONS.] 15.23 For the purposes of sections 169.751 to 169.754 the 15.24 following words shall have the meaning ascribed to them in this 15.25 section: 15.26 (a) "First aid equipment" shall mean equipment for the 15.27 purpose of rendering first aid to sick or injured persons as 15.28 prescribed by the departmentof public safetyfor its state 15.29 patrol vehicles, such equipment to include materials for the 15.30 application of splints to fractures. 15.31 (b) "Patrol motor vehicles" shall mean the state patrol 15.32 motor vehicles used in law enforcementof the department of15.33public safety, the county sheriffs, and the various city, town, 15.34 and other local police departments. 15.35 Sec. 19. Minnesota Statutes 1994, section 169.783, 15.36 subdivision 1, is amended to read: 16.1 Subdivision 1. [POSTCRASH INSPECTION.] A peace officer 16.2 responding to an accident involving a commercial motor vehicle 16.3 must immediately notify the state patrol if the accident results 16.4 in death, personal injury, or property damage to an apparent 16.5 extent of more than $4,400. It is a misdemeanor for a person to 16.6 drive or cause to be driven a commercial motor vehicle after 16.7 such an accident unless the vehicle: (1) has been inspected by a 16.8 state trooper or other person authorized to conduct inspections 16.9 under section 169.781, subdivision 3, paragraph (a), who is an 16.10 employee of the departmentof public safety or transportation, 16.11 and the person inspecting the vehicle has determined that the 16.12 vehicle may safely be operated; or (2) a waiver has been granted 16.13 under subdivision 2. 16.14 Sec. 20. Minnesota Statutes 1994, section 170.23, is 16.15 amended to read: 16.16 170.23 [ABSTRACTS; FEE; ADMISSIBLE IN EVIDENCE.] 16.17 The commissioner of transportation shall upon request 16.18 furnish any person a certified abstract of the operating record 16.19 of any person subject to the provisions of this chapter, and, if 16.20 there shall be no record of any conviction of such person of 16.21 violating any law relating to the operation of a motor vehicle 16.22 or of any injury or damage caused by such person, the 16.23 commissioner shall so certify. Such abstracts shall not be 16.24 admissible as evidence in any action for damages or criminal 16.25 proceedings arising out of a motor vehicle accident. A fee of 16.26 $5 shall be paid for each such abstract. The commissioner shall 16.27 permit a person to inquire into the operating record of any 16.28 person by means of the inquiring person's own computer 16.29 facilities for a fee to be determined by the commissioner of at 16.30 least $2 for each inquiry. The commissioner shall furnish an 16.31 abstract that is not certified for a fee to be determined by the 16.32 commissioner in an amount less than the fee for a certified 16.33 abstract but more than the fee for an inquiry by computer. Fees 16.34 collected under this section must be paid into the state 16.35 treasury with 90 percent of the money credited to the trunk 16.36 highway fund and ten percent credited to the general fund. 17.1 Sec. 21. Minnesota Statutes 1994, section 170.24, is 17.2 amended to read: 17.3 170.24 [SUSPENSION OF LICENSE FOR NEGLECT TO REPORT 17.4 ACCIDENT.] 17.5 The commissioner of transportation may suspend the license, 17.6 or any nonresident's operating privilege, of any person who 17.7 willfully fails, refuses or neglects to make report of a traffic 17.8 accident as required by the laws of this state. 17.9 Sec. 22. Minnesota Statutes 1994, section 171.015, is 17.10 amended to read: 17.11 171.015 [DRIVER'S LICENSEDRIVER AND VEHICLE SERVICES 17.12 DIVISION.] 17.13Subdivision 1. [CREATED; DIRECTOR.] A division in the17.14department of public safety to be known as the driver's license17.15division is hereby created, under the supervision and control of17.16a director. The commissioner may place the director's position17.17in the unclassified service if the position meets the criteria17.18established in section 43A.08, subdivision 1a. The director17.19shall be assigned the duties and responsibilities prescribed in17.20this section.17.21 Subd. 2. [POWERS AND DUTIES TRANSFERRED.] All the powers 17.22 and dutiesnow vested in or imposed upon the department of17.23transportation and the commissioner of transportationin regard 17.24 to drivers' licensing, drivers' training, and safety 17.25 responsibility as prescribed by this chapter and chapters 169 17.26 and 170, are hereby transferred to, vested in, and imposed upon 17.27 the commissioner ofpublic safetytransportation, through the 17.28 department's division of driver and vehicle services.The17.29duties and responsibilities of the department of transportation17.30and the commissioner of transportation, in relation to such17.31matters as heretofore constituted, are hereby abolished.17.32 Subd. 3. [LICENSING CHAUFFEURS AND SCHOOL BUS DRIVERS.] 17.33 The commissioner ofpublic safety, with the approval of the17.34governor,transportation may transfer and assign to thedriver's17.35licensedriver and vehicle services division duties and 17.36 responsibilities in relation to chauffeurs' licensing and school 18.1 bus drivers' licensingas vested in and imposed upon the18.2division of motor vehicles. 18.3Subd. 5. [POWERS AND DUTIES TRANSFERRED.] All the powers18.4and duties now vested in or imposed upon the department of18.5education and the department of transportation relating to18.6drivers' training as prescribed by section 171.04, are hereby18.7transferred to, vested in, and imposed upon the commissioner of18.8public safety. The duties of the department of education and18.9the department of transportation with reference to such training18.10as heretofore constituted are hereby abolished.18.11 Subd. 6. [FACILITIES FOR LICENSING ACTIVITIES.] The 18.12 commissioner of transportation shall provide space as required 18.13 for driver and chauffeur license activities atsuchlocations 18.14 and undersuch contractualconditions asmay be determined with18.15 the commissionerof public safetymay determine. 18.16 Sec. 23. Minnesota Statutes 1994, section 216C.19, 18.17 subdivision 1, is amended to read: 18.18 Subdivision 1. [ROADWAY LIGHTING; RULES.] After 18.19 consultation with the commissionerand the commissioner of18.20public safety, the commissioner of transportation shall adopt 18.21 rules under chapter 14 establishing minimum energy efficiency 18.22 standards for street, highway, and parking lot lighting. The 18.23 standards must be consistent with overall protection of the 18.24 public health, safety and welfare. No new highway, street or 18.25 parking lot lighting may be installed in violation of these 18.26 rules. Existing lighting equipment, excluding roadway sign 18.27 lighting, with lamps with initial efficiencies less than 70 18.28 lumens per watt must be replaced when worn out with light 18.29 sources using lamps with initial efficiencies of at least 70 18.30 lumens per watt. 18.31 Sec. 24. Minnesota Statutes 1994, section 218.031, 18.32 subdivision 2, is amended to read: 18.33 Subd. 2. [INFORMATION FURNISHED COMMISSIONER.] Every 18.34 common carrier shall furnish to the commissioner: 18.35 (1) All schedules of rates, fares and charges, every part 18.36 and classification thereof, together with minimum weights and 19.1 rules with respect thereto, and any and all amendments, 19.2 modifications or changes therein. 19.3 (2) All information duly required in blanks and forms 19.4 furnished by the commissioner. 19.5 (3) A copy of all annual reports and valuation data 19.6 furnished to the Interstate Commerce Commission not later than 19.7 June 30th, covering the preceding calendar year, together with 19.8 any additional information regarding valuation of its properties 19.9 requested by the commissioner. 19.10 (4) A report of accidents, wrecks and casualties occurring 19.11 in this state in such manner and form and at such times as 19.12 prescribed by the commissioner. When received, all such reports 19.13administered by the department of public safetyshall be 19.14received andadministered in accordance with the provisions of 19.15 section 169.09, subdivision 13. All other reports shall be open 19.16 to public inspection but shall not be admissible in evidence in 19.17 any suit or action for damages growing out of such accident, 19.18 wreck or casualty. 19.19 (5) All tariff agreements or arrangements with other 19.20 carriers. 19.21 (6) All joint schedules of rates, fares or classifications. 19.22 Sec. 25. Minnesota Statutes 1994, section 270.73, 19.23 subdivision 1, is amended to read: 19.24 Subdivision 1. [POSTING, NOTICE.]Pursuant to the19.25authority to disclose under section 270B.12, subdivision 4,The 19.26 commissioner shall, by the 15th of each month, submit to the 19.27 commissioner ofpublic safetycommerce a list of all taxpayers 19.28 who are required to withhold or collect the tax imposed by 19.29 section 290.92 or 297A.02, or local sales and use tax payable to 19.30 the commissioner of revenue, or a local option tax administered 19.31 and collected by the commissioner of revenue, and who are 30 19.32 days or more delinquent in either filing a tax return or paying 19.33 the tax. 19.34 The commissioner of revenue is under no obligation to list 19.35 a taxpayer whose business is inactive. At least ten days before 19.36 notifying the commissioner ofpublic safetycommerce, the 20.1 commissioner of revenue shall notify the taxpayer of the 20.2 intended action. 20.3 The commissioner ofpublic safetycommerce shall post the 20.4 list in the same manner as provided in section 340A.318, 20.5 subdivision 3. The list will prominently show the date of 20.6 posting. If a taxpayer previously listed cures the delinquency 20.7 by filing all returns and paying all taxes, the commissioner 20.8 shall notify the commissioner ofpublic safetycommerce within 20.9 two business days that the delinquency was cured. 20.10 Sec. 26. Minnesota Statutes 1994, section 297B.01, 20.11 subdivision 3, is amended to read: 20.12 Subd. 3. [MOTOR VEHICLE REGISTRAR.] "Motor vehicle 20.13 registrar" shall mean the registrar of motor vehicles who is the 20.14 officer in charge of themotordriver and vehicle services 20.15 division, department ofpublic safetytransportation, of this 20.16 state and who shall act as the agent of the commissioner of 20.17 revenue in administering the provisions of this chapter. 20.18 Sec. 27. Minnesota Statutes 1994, section 297C.09, is 20.19 amended to read: 20.20 297C.09 [IMPORTATION BY INDIVIDUALS.] 20.21 A person, other than a person under the age of 21 years, 20.22 entering Minnesota from another state may have in possession one 20.23 liter of intoxicating liquor or 288 ounces of malt liquor and a 20.24 person entering Minnesota from a foreign country may have in 20.25 possession four liters of intoxicating liquor or ten quarts (320 20.26 ounces) of malt liquor without the required payment of the 20.27 Minnesota excise tax. A collector of commemorative bottles, 20.28 other than a person under the age of 21 years, entering 20.29 Minnesota from another state may have in possession 12 or fewer 20.30 commemorative bottles without the required payment of the 20.31 Minnesota excise tax. A person entering Minnesota from another 20.32 state who imports or has in possession intoxicating liquor or 20.33 malt liquor in excess of the quantities provided for in this 20.34 section is guilty of a misdemeanor. A person entering Minnesota 20.35 from a foreign country who imports or has in possession untaxed 20.36 intoxicating liquor or malt liquor in excess of the quantities 21.1 provided for in this section is guilty of a misdemeanor. This 21.2 section does not apply to the consignments of alcoholic 21.3 beverages shipped into this state by holders of Minnesota import 21.4 licenses or Minnesota manufacturers and wholesalers when 21.5 licensed by the commissioner ofpublic safetycommerce or to 21.6 common carriers with licenses to sell intoxicating liquor in 21.7 more than one state. A peace officer, the commissioner of 21.8 commerce, or their authorized agents, may seize untaxed liquor. 21.9 Sec. 28. Minnesota Statutes 1994, section 297C.10, 21.10 subdivision 1, is amended to read: 21.11 Subdivision 1. [ENFORCEMENT RESPONSIBILITY.] The 21.12 commissioners ofpublic safetycommerce and revenue shall 21.13 enforce and administer the provisions of this chapter. 21.14 Sec. 29. Minnesota Statutes 1994, section 299A.02, is 21.15 amended to read: 21.16 299A.02 [COMMISSIONERS OFPUBLIC SAFETYCOMMERCE AND 21.17 REVENUE; LIQUOR CONTROL FUNCTIONS.] 21.18 Subdivision 1. [DIRECTOR OF DIVISION OF LIQUOR CONTROL21.19 CONFLICT OF INTEREST.] No employee of the department ofpublic21.20safetycommerce or the department of revenue having any 21.21 responsibility for the administration or enforcement ofLaws21.221985, chapter 305, articles 2 to 11this section and chapters 21.23 297C and 340A shall have a direct or indirect interest, except 21.24 through ownership or investment in pension or mutual funds, in 21.25 the manufacture, transportation or sale of intoxicating liquor 21.26 or any malt or vinous beverages, intoxicating, nonintoxicating, 21.27 or commercial or industrial alcohol. The commissioner ofpublic21.28safetycommerce or the commissioner of revenue may remove an 21.29 employee in the unclassified civil service for any intentional 21.30 violation of any provision inLaws 1985, chapter 305, articles 221.31to 11this section and chapters 297C and 340A. Intentional 21.32 violation of the preceding sections by a classified employee of 21.33 one of the departments may be grounds for removal of that 21.34 employee pursuant to section 43A.33. 21.35 Subd. 2. [GENERAL POWERS.] The commissioner of commerce 21.36 shall administer and enforce the provisions ofLaws 1985,22.1chapter 305, articles 2 to 11this section and chapters 297C and 22.2 340A except for those provisions thereof for which 22.3 administration and enforcement are reserved to the commissioner 22.4 of revenue. 22.5 Subd. 3. [REPORTS; RULES.] The commissioner shall have 22.6 power to require periodic factual reports from all licensed 22.7 importers, manufacturers, wholesalers and retailers of 22.8 intoxicating liquors and to make all reasonable rules to effect 22.9 the object ofLaws 1985, chapter 305, articles 2 to 11this 22.10 section and chapters 297C and 340A. The rules shall include 22.11 provisions for assuring the purity of intoxicating liquors and 22.12 the true statement of its contents and proper labeling thereof 22.13 with regard to all forms of sale. No rule may require the use 22.14 of new containers in aging whiskey. No rule may require 22.15 cordials or liqueurs to contain in excess of 2-1/2 percent by 22.16 weight of sugar or dextrose or both. 22.17 Subd. 4. [SUBPOENAS.] In all matters relating to official 22.18 duties, the commissioner shall have the powers possessed by 22.19 courts of law to issue subpoenas and cause them to be served and 22.20 enforced. All public officials, and their respective deputies 22.21 and employees, and all individuals, partnerships, firms, 22.22 corporations, incorporated and unincorporated associations, and 22.23 others who manufacture, transport, or sell intoxicating liquor, 22.24 or are connected therewith in any manner, shall at all times 22.25 attend and answer under oath the commissioner's lawful 22.26 inquiries, produce and exhibit such books, accounts, documents 22.27 and property as the commissioner may desire to inspect, and in 22.28 all things aid the commissioner in the performance of the 22.29 commissioner's duties. 22.30 Sec. 30. Minnesota Statutes 1994, section 299A.30, is 22.31 amended to read: 22.32 299A.30 [OFFICE OF DRUG POLICY AND VIOLENCE PREVENTION.] 22.33 Subdivision 1. [OFFICE;ASSISTANT COMMISSIONERDIRECTOR.] 22.34 The office of drug policy and violence prevention isan office22.35 established in thedepartment of public safetyoffice of the 22.36 governor headed byan assistant commissionera director 23.1 appointed by thecommissionergovernor to serve in the 23.2 unclassified service. Theassistant commissionerdirector may 23.3 appoint other employees. Theassistant commissionerdirector 23.4 shall coordinate the violence prevention activities and the 23.5 prevention and supply reduction activities of state and local 23.6 agencies and provide one professional staff member to assist on 23.7 a full-time basis the work of the chemical abuse prevention 23.8 resource council. 23.9 Subd. 2. [DUTIES.] (a) Theassistant commissionerdirector 23.10 shall: 23.11 (1) gather, develop, and make available throughout the 23.12 state information and educational materials on preventing and 23.13 reducing violence in the family and in the community, both 23.14 directly and by serving as a clearinghouse for information and 23.15 educational materials from schools, state and local agencies, 23.16 community service providers, and local organizations; 23.17 (2) foster collaboration among schools, state and local 23.18 agencies, community service providers, and local organizations 23.19 that assist in violence intervention or prevention; 23.20 (3) assist schools, state and local agencies, service 23.21 providers, and organizations, on request, with training and 23.22 other programs designed to educate individuals about violence 23.23 and reinforce values that contribute to ending violence; 23.24 (4) after consulting with all state agencies involved in 23.25 preventing or reducing violence within the family or community, 23.26 develop a statewide strategy for preventing and reducing 23.27 violence that encompasses the efforts of those agencies and 23.28 takes into account all money available for preventing or 23.29 reducing violence from any source; 23.30 (5) submit the strategy to the governor and the legislature 23.31 by January 15 of each calendar year, along with a summary of 23.32 activities occurring during the previous year to prevent or 23.33 reduce violence experienced by children, young people, and their 23.34 families; and 23.35 (6) assist appropriate professional and occupational 23.36 organizations, including organizations of law enforcement 24.1 officers, prosecutors, and educators, in developing and 24.2 operating informational and training programs to improve the 24.3 effectiveness of activities to prevent or reduce violence within 24.4 the family or community. 24.5 (b) Theassistant commissionerdirector shall gather and 24.6 make available information on prevention and supply reduction 24.7 activities throughout the state, foster cooperation among 24.8 involved state and local agencies, and assist agencies and 24.9 public officials in training and other programs designed to 24.10 improve the effectiveness of prevention and supply reduction 24.11 activities. 24.12 (c) Theassistant commissionerdirector shall coordinate 24.13 the distribution of funds received by the state of Minnesota 24.14 through the federal Anti-Drug Abuse Act. Theassistant24.15commissionerdirector shall recommend to the commissioner 24.16 recipients of grants under sections 299A.33 and 299A.34, after 24.17 consultation with the chemical abuse prevention resource council. 24.18 (d) Theassistant commissionerdirector shall: 24.19 (1) after consultation with all state agencies involved in 24.20 prevention or supply reduction activities, develop a state 24.21 chemical abuse and dependency strategy encompassing the efforts 24.22 of those agencies and taking into account all money available 24.23 for prevention and supply reduction activities, from any source; 24.24 (2) submit the strategy to the governor and the legislature 24.25 by January 15 of each year, along with a summary of prevention 24.26 and supply reduction activities during the preceding calendar 24.27 year; 24.28 (3) assist appropriate professional and occupational 24.29 organizations, including organizations of law enforcement 24.30 officers, prosecutors, and educators, in developing and 24.31 operating informational and training programs to improve the 24.32 effectiveness of prevention and supply reduction activities; 24.33 (4) provide information, including information on drug 24.34 trends, and assistance to state and local agencies, both 24.35 directly and by functioning as a clearinghouse for information 24.36 from other agencies; 25.1 (5) facilitate cooperation among drug program agencies; and 25.2 (6) in coordination with the chemical abuse prevention 25.3 resource council, review, approve, and coordinate the 25.4 administration of prevention, criminal justice, and treatment 25.5 grants. 25.6 Sec. 31. Minnesota Statutes 1994, section 299A.31, 25.7 subdivision 1, is amended to read: 25.8 Subdivision 1. [ESTABLISHMENT; MEMBERSHIP.] A chemical 25.9 abuse and violence prevention council consisting of 19 members 25.10 is established. The commissioners ofpublic safety25.11 transportation, education, health, corrections, and human 25.12 services, the director of the office of strategic and long-range 25.13 planning, the superintendent of the bureau of criminal 25.14 apprehension, and the attorney general shall each appoint one 25.15 member from among their employees. The speaker of the house of 25.16 representatives and the subcommittee on committees of the senate 25.17 shall each appoint a legislative member. The governor shall 25.18 appoint an additional ten members who shall represent the 25.19 demographic and geographic composition of the state and, to the 25.20 extent possible, shall represent the following: public health; 25.21 education including preschool, elementary, and higher education; 25.22 social services; financial aid services; chemical dependency 25.23 treatment; law enforcement; prosecution; defense; the judiciary; 25.24 corrections; treatment research professionals; drug abuse 25.25 prevention professionals; the business sector; religious 25.26 leaders; representatives of racial and ethnic minority 25.27 communities; and other community representatives. The members 25.28 shall designate one of the governor's appointees as chair of the 25.29 council. Compensation and removal of members are governed by 25.30 section 15.059. 25.31 Sec. 32. Minnesota Statutes 1994, section 299A.331, 25.32 subdivision 1, is amended to read: 25.33 Subdivision 1. [MEMBERSHIP.] The advisory council on drug 25.34 abuse resistance education consists of: 25.35 (1) the attorney general who shall serve as chair; 25.36 (2) thecommissioner of public safetysuperintendent of the 26.1 bureau of criminal apprehension; 26.2 (3) the commissioner of education; 26.3 (4) three representatives of law enforcement appointed by 26.4 thecommissioner of public safetygovernor; 26.5 (5) three representatives of education appointed by the 26.6 commissioner of education; 26.7 (6) a representative of the DARE officers association 26.8 appointed by the peace officer standards and training board from 26.9 among recommendations of the association; and 26.10 (7) seven citizens appointed by the attorney general. 26.11 Sec. 33. Minnesota Statutes 1994, section 299A.38, 26.12 subdivision 1, is amended to read: 26.13 Subdivision 1. [DEFINITIONS.] As used in this section: 26.14 (a)"Commissioner" means the commissioner of public safety.26.15(b)"Peace officer" means a person who is licensed under 26.16 section 626.84, subdivision 1, paragraph (c). 26.17 (b) "Superintendent" means the superintendent of the bureau 26.18 of criminal apprehension. 26.19 (c) "Vest" means bullet-resistant soft body armor that is 26.20 flexible, concealable, and custom fitted to the peace officer to 26.21 provide ballistic and trauma protection. 26.22 Sec. 34. Minnesota Statutes 1994, section 299C.01, is 26.23 amended to read: 26.24 299C.01 [CRIMINALBUREAU OF CRIMINAL APPREHENSION.] 26.25 Subdivision 1. [POWERS TRANSFERRED TOCOMMISSIONER26.26 SUPERINTENDENT.] All the powers and dutiesnowformally vested 26.27 in or imposed upon the commissioner of public safety before the 26.28 effective date of this article, relating to the bureau of 26.29 criminal apprehension or the superintendent of the bureau of 26.30 criminal apprehension as prescribed bychapter 626, or any other26.31 law, are hereby transferred to, vested in, and imposed upon 26.32 thecommissioner of public safetysuperintendent of the bureau 26.33 of criminal apprehension. The bureau of criminal apprehension 26.34 and the office of the superintendent of the bureau of criminal 26.35 apprehension as heretofore constituted as a division of the 26.36 department of public safety are abolished and the bureau is 27.1 created as an independent agency in the executive branch of 27.2 state government. 27.3 Subd. 2. [DIVISION OF DEPARTMENT OF PUBLIC SAFETY.]A27.4division in the department of public safety to be known asThe 27.5 bureau of criminal apprehension is hereby created, under the 27.6 supervision and control of the superintendent of criminal 27.7 apprehension, who shall be appointed by thecommissioner27.8 governor, with the advice and consent of the senate, and serve 27.9at the commissioner's pleasure in the unclassified service of27.10the state civil service, to whoma term coterminous with the 27.11 term of the governor under whom appointed. The position of 27.12 deputy superintendent, or similar position, is not authorized. 27.13 Except when contrary to this subdivision, the provisions of 27.14 section 15.06 apply to the position of superintendent of the 27.15 bureau of criminal apprehension. The superintendent shall be 27.16 assigned the duties and responsibilities described in 27.17 thissectionchapter and chapters 299F and 299L. 27.18 Subd. 4. [DUTIES GENERALLY.] Thedivision of thebureau of 27.19 criminal apprehension shall perform such functions and duties as 27.20 relate to statewide and nationwide crime information systems as 27.21 thecommissionersuperintendent may direct. 27.22 Sec. 35. Minnesota Statutes 1994, section 299C.03, is 27.23 amended to read: 27.24 299C.03 [SUPERINTENDENT; RULES.] 27.25 The superintendent,with the approval of the commissioner27.26of public safety,from time to time, shall make such rules and 27.27 adopt such measures as the superintendent deems necessary, 27.28 within the provisions and limitations of sections 299C.03 to 27.29 299C.08, 299C.10, 299C.11, 299C.17, 299C.18, and 299C.21, and 27.30 chapters 299F and 299L, to secure the efficient operation of the 27.31 bureau. The bureau shall cooperate with the respective 27.32 sheriffs, constables, marshals, police, and other peace officers 27.33 of the state in the detection of crime and the apprehension of 27.34 criminals throughout the state, and shall have the power to 27.35 conduct such investigations as the superintendent, with the27.36approval of the commissioner of public safety,may deem 28.1 necessary to secure evidence which may be essential to the 28.2 apprehension and conviction of alleged violators of the criminal 28.3 laws of the state. The various members of the bureau shall have 28.4 and may exercise throughout the state the same powers of arrest 28.5 possessed by a sheriff, but they shall not be employed to render 28.6 police service in connection with strikes and other industrial 28.7 disputes. 28.8 Sec. 36. Minnesota Statutes 1994, section 299C.06, is 28.9 amended to read: 28.10 299C.06 [DIVISION POWERS AND DUTIES; LOCAL OFFICERS TO 28.11 COOPERATE.] 28.12 It shall be the duty of all sheriffs, chiefs of police, 28.13 city marshals, constables, prison wardens, superintendents of 28.14 insane hospitals, reformatories and correctional schools, 28.15 probation and parole officers, school attendance officers, 28.16 coroners, county attorneys, court clerks,the commissioner of28.17public safety,the commissioner of transportation, and the state 28.18 fire marshal to furnish to the division statistics and 28.19 information regarding the number of crimes reported and 28.20 discovered, arrests made, complaints, informations, and 28.21 indictments, filed and the disposition made of same, pleas, 28.22 convictions, acquittals, probations granted or denied, receipts, 28.23 transfers, and discharges to and from prisons, reformatories, 28.24 correctional schools, and other institutions, paroles granted 28.25 and revoked, commutation of sentences and pardons granted and 28.26 rescinded, and all other data useful in determining the cause 28.27 and amount of crime in this state and to form a basis for the 28.28 study of crime, police methods, court procedure, and penal 28.29 problems. Such statistics and information shall be furnished 28.30 upon the request of the division and upon such forms as may be 28.31 prescribed and furnished by it. The division shall have the 28.32 power to inspect and prescribe the form and substance of the 28.33 records kept by those officials from which the information is so 28.34 furnished. 28.35 Sec. 37. Minnesota Statutes 1994, section 299C.13, is 28.36 amended to read: 29.1 299C.13 [INFORMATION FURNISHED TO PEACE OFFICERS.] 29.2 Upon receipt of information data as to any arrested person, 29.3 the bureau shall immediately ascertain whether the person 29.4 arrested has a criminal record or is a fugitive from justice, 29.5 and shall at once inform the arresting officer of the facts 29.6 ascertained. Upon application by any sheriff, chief of police, 29.7 or other peace officer in the state, or by an officer of the 29.8 United States or by an officer of another state, territory, or 29.9 government duly authorized to receive the same and effecting 29.10 reciprocal interchange of similar information with thedivision29.11 bureau, it shall be the duty of the bureau to furnish all 29.12 information in its possession pertaining to the identification 29.13 of any person. If the bureau has a sealed record on the 29.14 arrested person, it shall notify the requesting peace officer of 29.15 that fact and of the right to seek a court order to open the 29.16 record for purposes of law enforcement. 29.17 Sec. 38. Minnesota Statutes 1994, section 299C.50, is 29.18 amended to read: 29.19 299C.50 [TRANSFER OF FUNCTIONS.] 29.20 Thecommissioner of public safetysuperintendent of the 29.21 bureau of criminal apprehension shall perform all duties in 29.22 respect to the state's criminal justice information systemwhich29.23were transferred from the commissioner of finance and the29.24governor's commission on crime prevention and control by29.25executive order of the governor; provided, that a transfer shall29.26not occur if the state is informed by a federal agency that the29.27transfer will result in the loss of federal moneys to which the29.28state would otherwise be entitled pursuant to the Omnibus Crime29.29Control and Safe Streets Act of 1968, Public Law Number 90-351,29.30as amended by the Juvenile Justice and Delinquency Prevention29.31Act of 1974, Public Law Number 93-415, and the Crime Control Act29.32of 1976, Public Law Number 94-503. 29.33 Sec. 39. Minnesota Statutes 1994, section 299F.01, is 29.34 amended to read: 29.35 299F.01 [FIRE MARSHAL.] 29.36 Subdivision 1. [COMMISSIONER'SPOWERS AND DUTIES 30.1 TRANSFERRED.] All the powers and dutiesnowformerly vested in 30.2 or imposed upon the commissioner ofcommerce as ex officio state30.3fire marshal as prescribed in Minnesota Statutes, chapters 73,30.474, 75, 76, and any other lawpublic safety before the effective 30.5 date of this article, are hereby transferred to, vested in, and 30.6 imposed upon thecommissioner of public safetysuperintendent of 30.7 the bureau of criminal apprehension. The duties and 30.8 responsibilities of the commissioner ofcommerce as ex30.9officiopublic safety related to the division of the state fire 30.10 marshal as heretofore constituted are abolished. 30.11 Subd. 2. [DIVISION CREATED; STATE FIRE MARSHAL.] A 30.12 division in thedepartment of public safetybureau of criminal 30.13 apprehension to be known as the division of fire marshal is 30.14 hereby created, under the supervision and control of the state 30.15 fire marshal, to whom shall be assigned the duties and 30.16 responsibilities described in this section. The commissioner 30.17 may place the fire marshal's position in the unclassified 30.18 service if the position meets the criteria of section 43A.08, 30.19 subdivision 1a. 30.20 Subd. 3. [INCUMBENT; TRANSITIONAL PROVISION.]Upon the30.21effective date of this actOn July 1, 1995, the individual 30.22 occupying the position ofassistant commissioner,state fire 30.23 marshaldivisionon that date, shall retain such position for a 30.24 period of at least 12 months, or until removed for cause. 30.25 Sec. 40. Minnesota Statutes 1994, section 299F.05, 30.26 subdivision 2, is amended to read: 30.27 Subd. 2. [INFORMATION SYSTEMS.] The state fire marshal and 30.28 the superintendent of the bureau of criminal apprehension shall 30.29 maintain a record of arrests, charges filed, and final 30.30 disposition of all fires reported and investigated under 30.31 sections 299F.04 and 299F.05. For this purpose a single 30.32 reporting system shall be implemented by thedepartment of30.33public safety utilizing the systems operated by the fire marshal30.34and thebureau. The system shall be operated in such a way as 30.35 to minimize duplication and discrepancies in reported figures. 30.36 Sec. 41. Minnesota Statutes 1994, section 299L.01, 31.1 subdivision 1, is amended to read: 31.2 Subdivision 1. [DEFINITIONS.] (a) For the purposes of this 31.3 chapter, the terms defined in this subdivision have the meanings 31.4 given them. 31.5 (b) "Division" means the division of gambling enforcement. 31.6 (c)"Commissioner" means the commissioner of public safety.31.7(d)"Director" means the director of gambling enforcement. 31.8(e)(d) "Manufacturer" means a person who assembles from 31.9 raw materials or subparts a gambling device for sale or use in 31.10 Minnesota. 31.11(f)(e) "Distributor" means a person who sells, offers to 31.12 sell, or otherwise provides a gambling device to a person in 31.13 Minnesota. 31.14(g)(f) "Used gambling device" means a gambling device five 31.15 or more years old from the date of manufacture. 31.16 Sec. 42. Minnesota Statutes 1994, section 340A.201, is 31.17 amended to read: 31.18 340A.201 [LIQUOR CONTROL AUTHORITY.] 31.19 Effective July 1, 1995, the commissioner ofpublic safety31.20 commerce is the successor to the commissioner ofliquor control31.21 public safety with respect to the powers and duties related to 31.22 liquor regulation vested in the latter as ofFebruary 6, 1976,31.23except for those powers and duties transferred to the31.24commissioner of revenueJune 30, 1995. Any proceeding, court 31.25 action, prosecution, or other business undertaken or commenced 31.26 as ofFebruary 6, 1976June 30, 1995, by the commissioner 31.27 ofliquor controlpublic safety is assigned to and may be 31.28 completed by thecommissioners of public safety and revenue as31.29appropriate and may be completed by themcommissioner of 31.30 commerce. 31.31 Sec. 43. Minnesota Statutes 1994, section 347.51, 31.32 subdivision 2a, is amended to read: 31.33 Subd. 2a. [WARNING SYMBOL.] If a county issues a 31.34 certificate of registration to the owner of a dangerous dog 31.35 pursuant to subdivision 2, the county must provide, for posting 31.36 on the owner's property, a copy of a warning symbol to inform 32.1 children that there is a dangerous dog on the property. The 32.2 design of the warning symbol must be uniform and specified by 32.3 the commissioner ofpublic safetyhealth, after consultation 32.4 with animal control professionals. The design specification 32.5 process is exempt from rulemaking under chapter 14 and is exempt 32.6 from section 14.38. The commissioner shall provide the number 32.7 of copies of the warning symbol requested by each county and 32.8 shall charge the county the actual cost of the warning symbols 32.9 received. The county may charge the registrant a reasonable fee 32.10 to cover its administrative costs and the cost of the warning 32.11 symbol. 32.12 Sec. 44. Minnesota Statutes 1994, section 349.151, 32.13 subdivision 2, is amended to read: 32.14 Subd. 2. [MEMBERSHIP.] (a) On and after July 1, 1991, the 32.15 board consists of seven members, as follows: (1) those members 32.16 appointed by the governor before July 1, 1991, whose terms 32.17 expire June 30, 1992, June 30, 1993, and June 30, 1994; (2) one 32.18 member appointed by the governor for a term expiring June 30, 32.19 1994; (3) one member appointed by thecommissioner of public32.20safetygovernor for a term expiring June 30, 1995; and (4) one 32.21 member appointed by the attorney general for a term expiring 32.22 June 30, 1995. 32.23 (b) All appointments under this subdivision are with the 32.24 advice and consent of the senate. 32.25 (c) After expiration of the initial terms, appointments are 32.26 for four years. 32.27 (d) The board shall select one of its members to serve as 32.28 chair. No more than three members appointed by the governor 32.29 under this subdivision may belong to the same political party. 32.30 Sec. 45. Minnesota Statutes 1994, section 352B.01, 32.31 subdivision 2, is amended to read: 32.32 Subd. 2. [MEMBER.] "Member" means: 32.33 (a) persons referred to and employed after June 30, 1943, 32.34 under Laws 1929, chapter 355, as amended or supplemented, 32.35 currently employed by the state, whose salaries or compensation 32.36 is paid out of state funds; 33.1 (b) a conservation officer employed under section 97A.201, 33.2 currently employed by the state, whose salary or compensation is 33.3 paid out of state funds; 33.4 (c) a crime bureau officer who was employed by the crime 33.5 bureau and was a member of the highway patrolmen's retirement 33.6 fund on July 1, 1978, whether or not that person has the power 33.7 of arrest by warrant after that date, or who is employed as 33.8 police personnel, with powers of arrest by warrant under section 33.9 299C.04, and who is currently employed by the state, and whose 33.10 salary or compensation is paid out of state funds; 33.11 (d) a person who is employed by the state in the department 33.12 of public safety or a successor state agency in a data 33.13 processing management position with salary or compensation paid 33.14 from state funds, who was a crime bureau officer covered by the 33.15 state patrol retirement plan on August 15, 1987, and who was 33.16 initially hired in the data processing management position 33.17 within the department during September 1987, or January 1988, 33.18 with membership continuing for the duration of the person's 33.19 employment in that position, whether or not the person has the 33.20 power of arrest by warrant after August 15, 1987; and 33.21 (e)public safetyemployees of the bureau of criminal 33.22 apprehension defined as peace officers in section 626.84, 33.23 subdivision 1, paragraph (c), and employed with the division of 33.24 gambling enforcement under section 299L.01. 33.25 Sec. 46. Minnesota Statutes 1994, section 360.0752, 33.26 subdivision 7, is amended to read: 33.27 Subd. 7. [PRELIMINARY SCREENING TEST.] When a peace 33.28 officer has reason to believe that a person may be violating or 33.29 has violated subdivision 2, the officer may require the person 33.30 to provide a sample of the person's breath for a preliminary 33.31 screening test using a device approved by the commissioner of 33.32public safety or the commissioner oftransportation for this 33.33 purpose. The results of this preliminary screening test shall 33.34 be used for the purpose of deciding whether to require the tests 33.35 authorized in section 360.0753, but shall not be used in any 33.36 court action except to prove that a test was properly required 34.1 of a person pursuant to section 360.0753. Following the 34.2 screening test, additional tests may be required of the person 34.3 pursuant to the provisions of section 360.0753. 34.4 A person who refuses to furnish a sample of the person's 34.5 breath is subject to the provisions of section 360.0753 unless, 34.6 in compliance with section 360.0753, the person submits to a 34.7 blood, breath, or urine test to determine the presence of 34.8 alcohol or a controlled substance. 34.9 Sec. 47. Minnesota Statutes 1994, section 360.0753, 34.10 subdivision 6, is amended to read: 34.11 Subd. 6. [MANNER OF MAKING TEST; ADDITIONAL TESTS.] Only a 34.12 physician, medical technician, physician's trained mobile 34.13 intensive care paramedic, registered nurse, medical 34.14 technologist, or laboratory assistant acting at the request of a 34.15 peace officer may withdraw blood for the purpose of determining 34.16 the presence of alcohol or controlled substance. This 34.17 limitation does not apply to the taking of a breath or urine 34.18 sample. The person tested has the right to have someone of the 34.19 person's own choosing administer a chemical test or tests in 34.20 addition to any administered at the direction of a peace 34.21 officer; provided, that the additional test sample on behalf of 34.22 the person is obtained at the place where the person is in 34.23 custody, after the test administered at the direction of a peace 34.24 officer, and at no expense to the state. The failure or 34.25 inability to obtain an additional test or tests by a person 34.26 shall not preclude the admission in evidence of the test taken 34.27 at the direction of a peace officer unless the additional test 34.28 was prevented or denied by the peace officer. The physician, 34.29 medical technician, physician's trained mobile intensive care 34.30 paramedic, medical technologist, laboratory assistant, or 34.31 registered nurse drawing blood at the request of a peace officer 34.32 for the purpose of determining alcohol concentration shall in no 34.33 manner be liable in any civil or criminal action except for 34.34 negligence in drawing the blood. The person administering a 34.35 breath test shall be fully trained in the administration of 34.36 breath tests pursuant to training given by the commissioner of 35.1public safety or the commissioner oftransportation or the 35.2 superintendent of the bureau of criminal apprehension. 35.3 Sec. 48. Minnesota Statutes 1994, section 611A.20, 35.4 subdivision 2, is amended to read: 35.5 Subd. 2. [CONTENTS OF NOTICE.] Thecommissioners of public35.6safety andcommissioner of corrections, in consultation with 35.7 sexual assault victim advocates and health care professionals, 35.8 shall develop the notice required by subdivision 1. The notice 35.9 must inform the victim of: 35.10 (1) the risk of contracting sexually transmitted diseases 35.11 as a result of a sexual assault; 35.12 (2) the symptoms of sexually transmitted diseases; 35.13 (3) recommendations for periodic testing for the diseases, 35.14 where appropriate; 35.15 (4) locations where confidential testing is done and the 35.16 extent of the confidentiality provided; 35.17 (5) information necessary to make an informed decision 35.18 whether to request a test of the offender under section 611A.19; 35.19 and 35.20 (6) other medically relevant information. 35.21 Sec. 49. Minnesota Statutes 1994, section 624.7151, is 35.22 amended to read: 35.23 624.7151 [STANDARDIZED FORMS.] 35.24By December 1, 1992, the commissioner of public safetyThe 35.25 superintendent of the bureau of criminal apprehension shall 35.26 adopt statewide standards governing the form and contents, as 35.27 required by sections 624.7131 to 624.714, of every application 35.28 for a pistol transferee permit, pistol transferee permit, report 35.29 of transfer of a pistol, application for a permit to carry a 35.30 pistol, and permit to carry a pistol that is granted or renewed 35.31 on or after January 1, 1993. The adoption of these standards is 35.32 not subject to the rulemaking provisions of chapter 14. 35.33 Every application for a pistol transferee permit, pistol 35.34 transferee permit, report of transfer of a pistol, application 35.35 for a permit to carry a pistol, and permit to carry a pistol 35.36 that is received, granted, or renewed by a police chief or 36.1 county sheriff on or after January 1, 1993, must meet the 36.2 statewide standards adopted by thecommissioner of public safety36.3 superintendent. Notwithstanding the previous sentence, neither 36.4 failureof the department of public safetyto adopt standards 36.5 nor failure of the police chief or county sheriff to meet them 36.6 shall delay the timely processing of applications nor invalidate 36.7 permits issued on other forms meeting the requirements of 36.8 sections 624.7131 to 624.714. 36.9 Sec. 50. Minnesota Statutes 1994, section 626.5531, 36.10 subdivision 2, is amended to read: 36.11 Subd. 2. [USE OF INFORMATION COLLECTED.] The head of a 36.12 local law enforcement agency or state law enforcement department 36.13 that employs peace officers licensed under section 626.843 must 36.14 file a monthly report describing crimes reported under this 36.15 section with thedepartment of public safety,bureau of criminal 36.16 apprehension. Thecommissioner of public safetysuperintendent 36.17 of the bureau of criminal apprehension must summarize and 36.18 analyze the information received and file an annual report with 36.19 the department of human rights and the legislature. The 36.20commissionersuperintendent may include information in the 36.21 annual report concerning any additional criminal activity 36.22 motivated by bias that is not covered by this section. 36.23 Sec. 51. Minnesota Statutes 1994, section 626.562, 36.24 subdivision 1, is amended to read: 36.25 Subdivision 1. [ESTABLISHMENT OF TELEPHONE LINE.] The 36.26 commissioner ofpublic safetyhuman services shall contract for 36.27 at least one statewide toll-free 24-hour telephone line for the 36.28 purpose of providing consultative and training services for 36.29 physicians, therapists, child protection workers, and other 36.30 professionals involved in child protection. Services provided 36.31 must include emergency and longer term consultation on 36.32 individual child protection cases. 36.33 Sec. 52. Minnesota Statutes 1994, section 634.16, is 36.34 amended to read: 36.35 634.16 [ADMISSION INTO EVIDENCE OF RESULTS OF INFRARED 36.36 BREATH-TESTS.] 37.1 In any civil or criminal hearing or trial, the results of 37.2 an infrared breath-test, when performed by a person who has been 37.3 fully trained in the use of an infrared breath-testing 37.4 instrument, as defined in section 169.01, subdivision 68, 37.5 pursuant to training given or approved by thecommissioner of37.6public safetysuperintendent of the bureau of criminal 37.7 apprehension or thecommissioner'ssuperintendent's acting 37.8 agent, are admissible in evidence without antecedent expert 37.9 testimony that an infrared breath-testing instrument provides a 37.10 trustworthy and reliable measure of the alcohol in the breath. 37.11 Sec. 53. [WORKER PARTICIPATION.] 37.12 Subdivision 1. [RESTRUCTURING PROVISIONS.] The 37.13 restructuring of agencies required by this article shall be 37.14 conducted under Minnesota Statutes, section 43A.045. 37.15 Subd. 2. [WORKER PARTICIPATION COMMITTEES.] (a) Before the 37.16 restructuring of executive branch agencies under this article, a 37.17 committee including representatives of employees and employers 37.18 within each affected agency must be established and be given 37.19 adequate time to perform the functions prescribed by paragraph 37.20 (b). Each exclusive representative of employees shall select a 37.21 committee member from each of its bargaining units in each 37.22 affected agency. The head of each agency shall select an 37.23 employee member from each unit of employees not represented by 37.24 an exclusive representative. The agency head shall also appoint 37.25 one or more committee members to represent the agency. The 37.26 number of members appointed by the agency head, however, may not 37.27 exceed the total number of members representing bargaining units. 37.28 (b) A committee established under paragraph (a) shall: 37.29 (1) identify tasks related to agency reorganization and 37.30 adopt plans for addressing those tasks; 37.31 (2) identify other employer and employee issues related to 37.32 reorganization and adopt plans for addressing those issues; 37.33 (3) adopt plans for implementing this article, including 37.34 detailed plans for providing retraining for affected employees; 37.35 and 37.36 (4) guide the implementation of the reorganization. 38.1 Sec. 54. [REPEALER.] 38.2 Minnesota Statutes 1994, sections 270B.12, subdivision 4; 38.3 and 299A.01, are repealed. 38.4 Laws 1987, chapter 315, section 4, subdivision 2, is 38.5 repealed. Laws 1990, chapters 571, section 39; and 594, article 38.6 3, sections 6 and 7, are repealed. 38.7 Sec. 55. [INSTRUCTION TO REVISOR.] 38.8 Subdivision 1. [DEPARTMENT OF CORRECTIONS.] (a) In 38.9 Minnesota Statutes 1995 Supplement, the revisor of statutes 38.10 shall change the terms "commissioner of public safety" (or 38.11 "commissioner" when referring to the commissioner of public 38.12 safety), "department of public safety" (or "department" when 38.13 referring to the department of public safety), or similar terms 38.14 to "commissioner of corrections" (or "commissioner" when 38.15 referring to commissioner of corrections), "department of 38.16 corrections" (or "department" when referring to the department 38.17 of corrections), or similar terms, as appropriate and consistent 38.18 with this article, where they appear in Minnesota Statutes 1994, 38.19 sections 611A.55; 611A.56; 611A.71; 611A.74; 611A.75; and 38.20 611A.76. 38.21 (b) The revisor of statutes shall make similar conforming 38.22 corrections to Minnesota Rules. 38.23 Subd. 2. [DEPARTMENT OF EMPLOYEE RELATIONS.] (a) In 38.24 Minnesota Statutes 1995 Supplement, the revisor of statutes 38.25 shall change the terms "commissioner of public safety" (or 38.26 "commissioner" when referring to the commissioner of public 38.27 safety), "department of public safety" (or "department" when 38.28 referring to the department of public safety), or similar terms 38.29 to "commissioner of employee relations" (or "commissioner" when 38.30 referring to commissioner of employee relations), "department of 38.31 employee relations" (or "department" when referring to the 38.32 department of employee relations), or similar terms, as 38.33 appropriate and consistent with this article, where they appear 38.34 in Minnesota Statutes 1994, sections 299A.41 to 299A.47, as 38.35 renumbered by this subdivision. 38.36 (b) In Minnesota Statutes 1995 Supplement, the revisor of 39.1 statutes shall renumber each section of Minnesota Statutes 39.2 specified in column A with the number set forth in column B. 39.3 The revisor shall also make necessary cross-reference changes 39.4 consistent with the renumbering. 39.5 Column A Column B 39.6 299A.41 176B.011 39.7 299A.42 176B.06 39.8 299A.43 176B.07 39.9 299A.44 176B.08 39.10 299A.45 176B.09 39.11 299A.46 176B.10 39.12 299A.47 176B.11 39.13 (c) The revisor of statutes shall make similar conforming 39.14 corrections to Minnesota Rules. 39.15 Subd. 3. [BUREAU OF CRIMINAL APPREHENSION.] (a) In 39.16 Minnesota Statutes 1995 Supplement, the revisor of statutes 39.17 shall change the terms "commissioner of public safety" (or 39.18 "commissioner" when referring to the commissioner of public 39.19 safety), "department of public safety" (or "department" when 39.20 referring to the department of public safety), or similar terms 39.21 to "superintendent of the bureau of criminal apprehension" (or 39.22 "superintendent" when referring to the superintendent of the 39.23 bureau of criminal apprehension), "bureau of criminal 39.24 apprehension" (or "bureau" when referring to the bureau of 39.25 criminal apprehension), or similar terms, as appropriate and 39.26 consistent with this article, where they appear in Minnesota 39.27 Statutes 1994, sections 10A.01, subdivision 18; 123.75; 123.751; 39.28 144.653; 144A.10; 144B.10; 169.123, subdivision 3; 176.192; 39.29 214.04, subdivision 1; 242.31; 243.166; 270.062; 299A.28; 39.30 299A.33; 299A.34; 299A.35; 299A.38; 299C.065; 299C.17; 299C.23; 39.31 299C.46; 299C.48; 299C.49; 299C.52; 299C.53; 299C.54; 299C.55; 39.32 299F.011; 299F.19; 299F.362; 299F.46; 299F.73; 299F.75; 299F.78; 39.33 299L.02, subdivision 2; 299L.03; 299L.07; 299M.01 to 299M.12; 39.34 325F.04; 349.162; 349.163; 349.19; 471.471; 477A.0121; 604.09; 39.35 611A.02, subdivision 2; 611A.0311; 611A.07; 624.7131; 624.714; 39.36 624.7161; 626.553; 626.5532; and 634.15. 40.1 (b) The revisor of statutes shall make similar conforming 40.2 corrections to Minnesota Rules. 40.3 Subd. 4. [OFFICE OF THE GOVERNOR.] (a) In Minnesota 40.4 Statutes 1995 Supplement, the revisor of statutes shall change 40.5 the terms "commissioner of public safety" (or "commissioner" 40.6 when referring to the commissioner of public safety), 40.7 "department of public safety" (or "department" when referring to 40.8 the department of public safety), or similar terms to "governor" 40.9 or "office of the governor," or similar terms, as appropriate 40.10 and consistent with this article, where they appear in Minnesota 40.11 Statutes 1994, section 326.33. 40.12 (b) The revisor of statutes shall make similar conforming 40.13 corrections to Minnesota Rules. 40.14 Subd. 5. [DEPARTMENT OF COMMERCE.] (a) In Minnesota 40.15 Statutes 1995 Supplement, the revisor of statutes shall change 40.16 the terms "commissioner of public safety" (or "commissioner" 40.17 when referring to the commissioner of public safety), 40.18 "department of public safety" (or "department" when referring to 40.19 the department of public safety), or similar terms to 40.20 "commissioner of commerce" (or "commissioner" when referring to 40.21 commissioner of commerce), "department of commerce" (or 40.22 "department" when referring to the department of commerce), or 40.23 similar terms, as appropriate and consistent with this article, 40.24 where they appear in Minnesota Statutes 1994, sections 85.34; 40.25 297C.03; 297C.10, subdivision 2; 297C.12; 297C.13, subdivision 40.26 1; 340A.101; 340A.301 to 340A.909; 383C.28; and 383C.29. 40.27 (b) In Minnesota Statutes 1995 Supplement, the revisor of 40.28 statutes shall renumber Minnesota Statutes, section 299A.02, as 40.29 340A.2011 and make necessary cross-reference changes consistent 40.30 with the renumbering. 40.31 (c) The revisor of statutes shall make similar conforming 40.32 corrections to Minnesota Rules. 40.33 Subd. 6. [PUBLIC UTILITIES COMMISSION.] (a) In Minnesota 40.34 Statutes 1995 Supplement, the revisor of statutes shall change 40.35 the terms "commissioner of public safety" (or "commissioner" 40.36 when referring to the commissioner of public safety), 41.1 "department of public safety" (or "department" when referring to 41.2 the department of public safety), or similar terms to "public 41.3 utilities commission" or "commission" or similar terms, as 41.4 appropriate and consistent with this article, where they appear 41.5 in Minnesota Statutes 1994, sections 12.01 to 12.46; 115E.01 to 41.6 115E.09; 136C.70; 216D.01; 221.034; 299A.49 to 299A.52; 299F.092 41.7 to 299F.098; and 299K.02 to 299K.07. 41.8 (b) The revisor of statutes shall make similar conforming 41.9 corrections to Minnesota Rules. 41.10 Subd. 7. [POLLUTION CONTROL AGENCY.] (a) In Minnesota 41.11 Statutes 1995 Supplement, the revisor of statutes shall change 41.12 the terms "commissioner of public safety" (or "commissioner" 41.13 when referring to the commissioner of public safety), 41.14 "department of public safety" (or "department" when referring to 41.15 the department of public safety), or similar terms to 41.16 "commissioner of pollution control agency" (or "commissioner" 41.17 when referring to commissioner of pollution control agency), 41.18 "department of pollution control agency" (or "department" when 41.19 referring to the department of pollution control agency), or 41.20 similar terms, as appropriate and consistent with this article, 41.21 where they appear in Minnesota Statutes 1994, sections 299F.56; 41.22 and 299J.01 to 299J.18. 41.23 (b) The revisor of statutes shall make similar conforming 41.24 corrections to Minnesota Rules. 41.25 Subd. 8. [DEPARTMENT OF TRANSPORTATION.] (a) In Minnesota 41.26 Statutes 1995 Supplement, the revisor of statutes shall change 41.27 the terms "commissioner of public safety" (or "commissioner" 41.28 when referring to the commissioner of public safety), 41.29 "department of public safety" (or "department" when referring to 41.30 the department of public safety), or similar terms to 41.31 "commissioner of transportation" (or "commissioner" when 41.32 referring to commissioner of transportation), "department of 41.33 transportation" (or "department" when referring to the 41.34 department of transportation), or similar terms, as appropriate 41.35 and consistent with this article, where they appear in Minnesota 41.36 Statutes 1994, sections 13.69; 13.99, subdivisions 54 to 57; 42.1 14.50 (editorial note); 16B.48; 48.512; 65B.02; 65B.13; 84.82; 42.2 84.86; 84.87; 84.872; 84.88; 84.91; 84.922; 84.924; 84.925; 42.3 84.9256; 84.928; 86B.005; 86B.331; 86B.335; 86B.401; 86B.415; 42.4 86B.820; 97B.065; 116.60; 116C.731; 126.112; 126.115; 126.15; 42.5 145.927; 152.18; 161.041; 161.242; 168.012 to 168.125; 168.126, 42.6 subdivisions 1 and 2; 168.127 to 168.321; 168.33 to 168.846; 42.7 168C.01 to 168C.13; 169.01 to 169.122; 169.123, subdivisions 4, 42.8 5, 5a, 5b, 5c, 6, and 8; 169.125 to 169.75; 169.752 to 169.782; 42.9 169.79 to 169.99; 170.55; 171.01; 171.02 to 171.27; 171.30 to 42.10 171.56; 201.022; 201.161; 221.031; 221.034; 260.151; 260.161; 42.11 260.185; 260.191; 260.193; 260.195; 296.026; 296.17; 296.171; 42.12 297A.211; 299A.12; 299A.13; 299A.14; 299A.16; 299A.18; 299D.01 42.13 to 299D.09; 299E.01; 299E.02; 325F.662; 325F.665; 373.041; 42.14 373.35; 480.23; 593.37; 609.135; 609.324; 609.531; 609.5314; 42.15 626.88; and 631.40. 42.16 (b) The revisor of statutes shall make similar conforming 42.17 corrections to Minnesota Rules. 42.18 Sec. 56. [EFFECTIVE DATE.] 42.19 Except for section 1, subdivision 2, paragraph (b), this 42.20 article takes effect July 1, 1995. 42.21 ARTICLE 2 42.22 HIGHER EDUCATION ADMINISTRATORS COUNCIL 42.23 Section 1. Minnesota Statutes 1994, section 15A.081, 42.24 subdivision 7b, is amended to read: 42.25 Subd. 7b. [HIGHER EDUCATION OFFICERS.] The higher 42.26 education board, state university board, the state board for 42.27 community colleges, the state board of technical colleges, and 42.28 the higher educationcoordinating boardadministrators council 42.29 shall set the salary rates for, respectively, the chancellor of 42.30 the higher education system, the chancellor of the state 42.31 universities, the chancellor of the community colleges, the 42.32 chancellor ofvocationaltechnicaleducationcolleges, and 42.33 theexecutivedirector of the higher educationcoordinating42.34boardservices office. The respective board shall submit the 42.35 proposed salary increase to the legislative commission on 42.36 employee relations for approval, modification, or rejection in 43.1 the manner provided in section 3.855. Salary rates for the 43.2 positions specified in this subdivision may not exceed 95 43.3 percent of the salary of the governor under section 15A.082, 43.4 subdivision 3. In deciding whether to recommend a salary 43.5 increase, the governing board or council shall consider the 43.6 performance of the chancellor or director, including the 43.7 chancellor's or director's progress toward attaining affirmative 43.8 action goals. 43.9 Sec. 2. Minnesota Statutes 1994, section 126.663, 43.10 subdivision 3, is amended to read: 43.11 Subd. 3. [MODEL LEARNER OUTCOMES.] The department shall 43.12 develop and maintain model learner outcomes in state board 43.13 identified subject areas, including career vocational learner 43.14 outcomes. The department shall make learner outcomes available 43.15 upon request by a district. Learner outcomes shall be for 43.16 pupils in early childhood through grade 12. The department 43.17 shall consult with each of the public post-secondary systemsand43.18with the higher education coordinating boardin developing model 43.19 learner outcomes appropriate for entry into post-secondary 43.20 institutions. Learner outcomes shall include thinking and 43.21 problem solving skills. 43.22 Sec. 3. Minnesota Statutes 1994, section 126A.02, 43.23 subdivision 2, is amended to read: 43.24 Subd. 2. [BOARD MEMBERS.] A 17-member board shall advise 43.25 the director. The board is made up of the commissioners of the 43.26 department of natural resources; the pollution control agency; 43.27 the department of agriculture; the department of education; the 43.28 director of the office of strategic and long-range planning; the 43.29 chair of the board of water and soil resources;the executive43.30director of the higher education coordinating board;the 43.31 executive secretary of the board of teaching; the director of 43.32 the extension service; and eight citizen members representing 43.33 diverse interests appointed by the governor. The governor shall 43.34 appoint one citizen member from each congressional district. 43.35 The citizen members are subject to section 15.0575. Two of the 43.36 citizen members appointed by the governor must be licensed 44.1 teachers currently teaching in the K-12 system. The governor 44.2 shall annually designate a member to serve as chair for the next 44.3 year. 44.4 Sec. 4. [135A.047] [HIGHER EDUCATION ADMINISTRATORS 44.5 COUNCIL.] 44.6 Subdivision 1. [ESTABLISHED.] A higher education 44.7 administrators council is established. The council is composed 44.8 of the president of the University of Minnesota, the chancellor 44.9 of the higher education board, the vice-chancellor of state 44.10 universities, the vice-chancellor of community colleges, the 44.11 vice-chancellor of technical colleges, the president of the 44.12 private college council, and a representative from the Minnesota 44.13 association of private post-secondary schools. The commissioner 44.14 of education and the commissioner of finance shall serve as ex 44.15 officio, nonvoting members. 44.16 Subd. 2. [DUTIES.] The higher education administrators 44.17 council shall: 44.18 (1) coordinate higher education services and programs 44.19 throughout the state; 44.20 (2) engage in short- and long-term planning for higher 44.21 education needs in the state; 44.22 (3) review and make recommendations related to existing 44.23 programs and proposals for new programs on the basis of state 44.24 need, duplication, cost, institutional resource capacity, and 44.25 relation to system and campus mission; 44.26 (4) review and make recommendations related to proposals 44.27 for new large-scale sites and centers on the basis of need and 44.28 cost; 44.29 (5) coordinate credit transfer and resolve related issues 44.30 and problems; 44.31 (6) provide information and assistance to high schools and 44.32 other organizations to help students prepare and plan for 44.33 college; 44.34 (7) negotiate reciprocity agreements with neighboring 44.35 states and provinces, as provided in section 136A.08; 44.36 (8) appoint the director of the higher education services 45.1 office, as provided in section 136A.01; 45.2 (9) appoint a research director, as provided in subdivision 45.3 3, and communications personnel, as necessary, to carry out the 45.4 provisions of clauses (6) and (11); 45.5 (10) consult with the student advisory council, established 45.6 in section 136A.011, whenever necessary but at least quarterly; 45.7 and 45.8 (11) communicate with and make recommendations to the 45.9 governor and the legislature regarding issues and needs in 45.10 higher education. 45.11 Subd. 3. [RESEARCH.] The higher education administrators 45.12 council shall employ research staff to provide research services 45.13 to the council and, as necessary, to the executive and 45.14 legislative branches, related to issues, conditions, planning, 45.15 and needs in higher education. The research staff hired by the 45.16 higher education administrators council are deemed to be, for 45.17 administrative purposes, University of Minnesota employees. The 45.18 research staff shall maintain, and provide analysis of, 45.19 statewide information on students and programs. The higher 45.20 education administrators council shall ensure cooperation and 45.21 assistance of campus and system level offices in the collection 45.22 and analysis of data. 45.23 Sec. 5. Minnesota Statutes 1994, section 135A.10, 45.24 subdivision 1, is amended to read: 45.25 Subdivision 1. [POLICY AND PROCEDURES TO AWARD CREDIT.] 45.26 The board of regents of the University of Minnesota, the state 45.27 university board, and the state board for community colleges 45.28 shall each develop a clear and uniform policy for its system for 45.29 awarding post-secondary credit toward a degree for a student who 45.30 earns an acceptable score on an advanced placement program 45.31 examination. Each policy must include procedures to inform 45.32 students and prospective students about credit award and 45.33 procedures to assure implementation on each campus.The higher45.34education coordinating board shall assist in developing the45.35policy.45.36 Sec. 6. Minnesota Statutes 1994, section 136A.01, is 46.1 amended to read: 46.2 136A.01 [HIGHER EDUCATION SERVICES OFFICE.] 46.3 Subdivision 1. [CREATION.]A coordinating boardAn office 46.4 for higher education in the state of Minnesota, to be known as 46.5 the Minnesota higher educationcoordinating boardservices 46.6 office, isherebycreated. 46.7 Subd. 2. [RESPONSIBILITIES.] The higher education services 46.8 office is responsible for: 46.9 (1) necessary state level administration of financial aid 46.10 programs, including accounting, auditing, and disbursing state 46.11 and federal financial aid funds; 46.12 (2) approval, registration, licensing, and financial aid 46.13 eligibility of private collegiate and career schools, under 46.14 sections 136A.61 to 136A.71 and chapter 141; 46.15 (3) administration of the telecommunications council under 46.16 Laws 1993, First Special Session chapter 2, article 5, section 46.17 2; 46.18 (4) assisting campuses to provide delivery of financial aid 46.19 funds at the campus level; 46.20 (5) obtaining reports from private post-secondary 46.21 institutions receiving state funds on their use of the funds; 46.22 (6) prescribing policies, procedures, and rules under 46.23 chapter 14 necessary to administer the programs under its 46.24 supervision; and 46.25 (7) consulting with the higher education administrators 46.26 council and, as necessary, with the governor and the legislature. 46.27 Sec. 7. [136A.011] [ADVISORY GROUPS.] 46.28 Subdivision 1. [APPOINTMENT.] The director of the higher 46.29 education services office may appoint advisory task forces as 46.30 necessary to assist in the administration of the higher 46.31 education services office responsibilities. The task forces 46.32 expiration and the terms, compensation, and removal of members 46.33 are as provided in section 15.059. 46.34 Subd. 2. [STUDENT ADVISORY COUNCIL.] A student advisory 46.35 council to the higher education services office is established. 46.36 The members of the council shall include the chair of the 47.1 University of Minnesota student senate, the state chair of the 47.2 Minnesota state university student association, the president of 47.3 the Minnesota community college student association, the 47.4 president of the Minnesota vocational technical student 47.5 association, the president of the Minnesota association of 47.6 private college students, and a student who is enrolled in a 47.7 private vocational school, to be appointed by the Minnesota 47.8 association of private post-secondary schools. A member may be 47.9 represented by a designee. The council shall select one of its 47.10 members to serve as chair. 47.11 The director of the higher education services office shall 47.12 inform the student advisory council of all matters under 47.13 consideration and shall refer all proposals to the council 47.14 before taking action or sending the proposals to the governor or 47.15 the legislature. The student advisory council shall report to 47.16 the director of the higher education services office quarterly 47.17 and at other times that the council considers desirable. The 47.18 council shall determine its meeting times, but the council shall 47.19 also meet with the director of the services office within 30 47.20 days after the director's request for a council meeting. 47.21 The advisory council shall: 47.22 (1) bring to the attention of the higher education services 47.23 office any matter that the council believes needs the attention 47.24 of the office; 47.25 (2) make recommendations to the higher education services 47.26 office as the council finds appropriate; 47.27 (3) appoint student members to the higher education 47.28 services office advisory groups as provided in subdivision 3; 47.29 and 47.30 (4) provide any reasonable assistance to the office. 47.31 Subd. 3. [STUDENT REPRESENTATION.] If requested by the 47.32 student advisory council, the director must place at least one 47.33 student from an affected educational system on any group created 47.34 under subdivision 1. The student member or members shall be 47.35 appointed by the student advisory council. 47.36 Sec. 8. Minnesota Statutes 1994, section 136A.03, is 48.1 amended to read: 48.2 136A.03 [EXECUTIVE OFFICERS; EMPLOYEES.] 48.3The higher education coordinating board may appoint an48.4executive secretary or director as its principal executive48.5officer, and such other officers and employees as it may deem48.6necessary to carry out its duties.Theexecutive secretary or48.7 director shall possesssuchthe powers and performsuchthe 48.8 duties asare delegatedprescribed by theboardhigher education 48.9 administrators council and shall serve in the unclassified 48.10 service of the state civil service. The salary of theexecutive48.11 director shall be establishedpursuantaccording to section 48.12 15A.081, subdivision 1. Theexecutivedirector shall be a 48.13 person qualified by trainingand abilityor experience in the 48.14 field of higher education or ineducationalfinancial aid 48.15 administration. Theboarddirector mayalsoappoint other 48.16officers andprofessional employees who shall serve in the 48.17 unclassified service of the state civil serviceand fix the48.18salaries thereof which shall be commensurate with salaries in48.19the classified service. All other employees shall be in the 48.20 classified civil service. 48.21 An officer or professional employee in the unclassified 48.22 service as provided in this section is a person who has studied 48.23 higher education, financial aid, or a related field at the 48.24 graduate level or has similar experience and who is qualified 48.25 for a career in some aspect of higher education and for 48.26 activities in keeping with the planning and administrative 48.27 responsibilities of theboardoffice and who is appointed to 48.28 assume responsibility for administration of educational programs 48.29 or research in matters of higher education. 48.30 Sec. 9. Minnesota Statutes 1994, section 136A.08, is 48.31 amended to read: 48.32 136A.08 [RECIPROCAL AGREEMENTS RELATING TO NONRESIDENT 48.33 TUITION WITH OTHER STATES OR PROVINCES.] 48.34 Subdivision 1. [DEFINITIONS.] For the purposes of this 48.35 section, the terms "province" and "provincial" mean the Canadian 48.36 province of Manitoba. 49.1 Subd. 2. [AUTHORIZATION.] TheMinnesotahigher education 49.2coordinating boardadministrators council, in consultation with 49.3 the commissioner of finance and each affected public 49.4 post-secondary board, may enter into agreements, on subjects 49.5 that include remission of nonresident tuition for designated 49.6 categories of students at public post-secondary institutions, 49.7 with appropriate state or provincial agencies and public 49.8 post-secondary institutions in other states or provinces. The 49.9 agreements shall be for the purpose of the mutual improvement of 49.10 educational advantages for residents of this state and other 49.11 states or provinces with whom agreements are made. The higher 49.12 education services office shall administer any agreement entered 49.13 into by the council. 49.14 Subd. 3. [WISCONSIN.] A higher education reciprocity 49.15 agreement with the state of Wisconsin may include provision for 49.16 the transfer of funds between Minnesota and Wisconsin provided 49.17 that an income tax reciprocity agreement between Minnesota and 49.18 Wisconsin is in effect for the period of time included under the 49.19 higher education reciprocity agreement. If this provision is 49.20 included, the amount of funds to be transferred shall be 49.21 determined according to a formula which is mutually acceptable 49.22 to theboardcouncil and a duly designated agency representing 49.23 Wisconsin. The formula shall recognize differences in tuition 49.24 rates between the two states and the number of students 49.25 attending institutions in each state under the agreement. Any 49.26 payments to Minnesota by Wisconsin shall be deposited by the 49.27boardhigher education services office in the general fund of 49.28 the state treasury. The amount required for the payments shall 49.29 be certified by theexecutivedirector of the higher 49.30 educationcoordinating boardservices office to the commissioner 49.31 of finance annually. 49.32 Subd. 4. [NORTH DAKOTA; SOUTH DAKOTA.] A reciprocity 49.33 agreement with North Dakota may include provision for the 49.34 transfer of funds between Minnesota and North Dakota. If 49.35 provision for transfer of funds between the two states is 49.36 included, the amount of funds to be transferred shall be 50.1 determined according to a formula which is mutually acceptable 50.2 to theboardcouncil and a duly designated agency representing 50.3 North Dakota. In adopting a formula, theboardcouncil shall 50.4 consider tuition rates in the two states and the number of 50.5 students attending institutions in each state under the 50.6 agreement. Any payment to Minnesota by North Dakota shall be 50.7 deposited by theboardhigher education services office in the 50.8 general fund. The amount required for the payments shall be 50.9 certified by theexecutivedirector of thehigher education50.10coordinating boardservices office to the commissioner of 50.11 finance annually. All provisions in this subdivision pertaining 50.12 to North Dakota shall also be applied to South Dakota, and all 50.13 authority and conditions granted for higher education 50.14 reciprocity with North Dakota are also granted for higher 50.15 education reciprocity with South Dakota. 50.16 Subd. 5. [FINANCIAL AID.] Theboardcouncil may enter into 50.17 an agreement, with a state or province with which it has 50.18 negotiated a reciprocity agreement for tuition, to permit 50.19 students to receive student aid awards from the student's state 50.20 or province of residence for attending an eligible institution 50.21 in the other state or province. 50.22 Subd. 6. [APPROVAL.] An agreement made by theboard50.23 council under this section is not valid as to a particular 50.24 institution without the approval of that institution's state or 50.25 provincial governing board. A valid agreement under this 50.26 subdivision that incurs additional financial liability to the 50.27 state or to any of the Minnesota public post-secondary boards, 50.28 beyond enrollment funding adjustments, must be submitted to the 50.29 commissioner of finance and to the chairs of the higher 50.30 education finance divisions of the senate and house for review. 50.31 The agreement remains valid unless it is disapproved in law. 50.32 Sec. 10. Minnesota Statutes 1994, section 136A.101, 50.33 subdivision 2, is amended to read: 50.34 Subd. 2."Board""Office" means the Minnesota higher 50.35 educationcoordinating boardservices office. 50.36 Sec. 11. Minnesota Statutes 1994, section 136A.101, 51.1 subdivision 3, is amended to read: 51.2 Subd. 3. "Director" means theexecutivedirector of the 51.3 Minnesota higher educationcoordinating boardservices office. 51.4 Sec. 12. Minnesota Statutes 1994, section 136A.15, 51.5 subdivision 3, is amended to read: 51.6 Subd. 3."Board""Office" means the Minnesota higher 51.7 educationcoordinating boardservices office. 51.8 Sec. 13. Minnesota Statutes 1994, section 136A.15, 51.9 subdivision 4, is amended to read: 51.10 Subd. 4. "Director" means theexecutivedirector of the 51.11 Minnesota higher educationcoordinating boardservices office. 51.12 Sec. 14. Minnesota Statutes 1994, section 136A.16, 51.13 subdivision 1, is amended to read: 51.14 Subdivision 1. Notwithstanding chapter 16B, the Minnesota 51.15 higher educationcoordinating boardservices office is 51.16 designated as the administrative agency for carrying out the 51.17 purposes and terms of sections 136A.15 to 136A.1702. Theboard51.18 office may establish one or more loan programs. 51.19 Sec. 15. Minnesota Statutes 1994, section 136A.233, 51.20 subdivision 2, is amended to read: 51.21 Subd. 2. [DEFINITIONS.] For purposes of sections 136A.231 51.22 to 136A.233, the words defined in this subdivision have the 51.23 meanings ascribed to them. 51.24 (a) "Eligible student" means a Minnesota resident enrolled 51.25 or intending to enroll at least half time in a degree, diploma, 51.26 or certificate program in a Minnesota post-secondary institution. 51.27 (b) "Minnesota resident" means a student who meets the 51.28 conditions in section 136A.101, subdivision 8. 51.29 (c) "Financial need" means the need for financial 51.30 assistance in order to attend a post-secondary institution as 51.31 determined by a post-secondary institution according to 51.32 guidelines established by the higher educationcoordinating51.33boardservices office. 51.34 (d) "Eligible employer" means any eligible post-secondary 51.35 institution and any nonprofit, nonsectarian agency or state 51.36 institution located in the state of Minnesota, including state 52.1 hospitals, and also includes a handicapped person or a person 52.2 over 65 who employs a student to provide personal services in or 52.3 about the residence of the handicapped person or the person over 52.4 65. 52.5 (e) "Eligible post-secondary institution" means any 52.6 post-secondary institution eligible for participation in the 52.7 Minnesota state grant program as specified in section 136A.101, 52.8 subdivision 4. 52.9 (f) "Independent student" has the meaning given it in the 52.10 Higher Education Act of 1965, United States Code, title 20, 52.11 section 1070a-6, and applicable regulations. 52.12 (g) "Half-time" for undergraduates has the meaning given in 52.13 section 136A.101, subdivision 7b, and for graduate students is 52.14 defined by the institution. 52.15 Sec. 16. Minnesota Statutes 1994, section 136A.62, 52.16 subdivision 2, is amended to read: 52.17 Subd. 2. [BOARDOFFICE.]"Board""Office" means the 52.18 Minnesota higher educationcoordinating boardservices office. 52.19 Sec. 17. Minnesota Statutes 1994, section 136C.042, 52.20 subdivision 1, is amended to read: 52.21 Subdivision 1. [BOARD APPROVAL.] The state board may 52.22 approve, disapprove, or modify a plan for awarding associate 52.23 degrees at a technical college. The plan shall include 52.24 cooperation with a collegiate institution unless cooperation is 52.25 not practicable. All associate degree plans approved by the 52.26 state board shall be presented to the higher education 52.27coordinating boardadministrators council for review and 52.28 recommendationpursuant to section 136A.04, subdivision 1,52.29clause (d) andin accordance with the provisions of this section. 52.30 Sec. 18. Minnesota Statutes 1994, section 298.2214, 52.31 subdivision 5, is amended to read: 52.32 Subd. 5. [HECB ANDSYSTEM APPROVAL.] A program may not be 52.33 offered under a contract executed according to this section 52.34 unless it is approved bythe higher education coordinating board52.35andthe board of the system offering the program. 52.36 Sec. 19. [TRANSFER.] 53.1 On July 1, 1995, the higher education coordinating board is 53.2 abolished and the duties and responsibilities of the board 53.3 related to financial aid, private institution registration and 53.4 private career school licensing, and telecommunications council 53.5 functions are transferred to the higher education services 53.6 office as provided in Minnesota Statutes, section 15.039. The 53.7 transfer includes all classified and unclassified employees of 53.8 the administrative services and financial aid divisions, two 53.9 unclassified employees and one classified employee in the policy 53.10 and program planning division with direct responsibility for 53.11 private institution registration or private career school 53.12 licensing, and two unclassified employees and one classified 53.13 employee in the information management division. The director 53.14 of the administrative services division shall serve as acting 53.15 director of the higher education services office until a 53.16 permanent director is appointed. All positions in the higher 53.17 education coordinating board that are not transferred to the 53.18 higher education services office under this section are 53.19 abolished. 53.20 All material and property that does not relate directly to 53.21 financial aid, private institution registration or private 53.22 career school licensing, or telecommunications council functions 53.23 shall be transferred to the higher education administrators 53.24 council as provided in Minnesota Statutes, section 15.039, 53.25 subdivision 5. 53.26 By January 15, 1996, the director of the higher education 53.27 services office, in consultation with the department of finance, 53.28 shall provide recommendations to the higher education 53.29 administrators council and the education committees of the 53.30 legislature on appropriate further changes in complement and 53.31 appropriation. 53.32 Sec. 20. [FINANCIAL AID DELIVERY TASK FORCE.] 53.33 By July 15, 1995, the higher education administrators 53.34 council shall establish a task force to plan and begin 53.35 implementing improvements in the delivery of financial aid 53.36 services and funds. The task force shall determine ways to 54.1 maximize the financial aid delivery at the campus level while 54.2 maintaining data collection, auditing, and other necessary 54.3 functions at the state level. The task force shall include 54.4 system and campus representatives from each of the public 54.5 post-secondary systems, representatives of the private 54.6 collegiate and private vocational sectors, a representative of 54.7 the higher education services office, and representatives of the 54.8 student advisory council. The task force shall present its 54.9 findings and recommendations to the director of the higher 54.10 education services office by December 1, 1995, and to the 54.11 education committees of the legislature by January 15, 1996. 54.12 Sec. 21. [INSTRUCTIONS TO REVISOR.] 54.13 Subdivision 1. [RENUMBERING.] In the next edition of 54.14 Minnesota Statutes, the revisor of statutes shall renumber each 54.15 section specified in column A with the number set forth in 54.16 column B. The revisor shall make necessary cross-reference 54.17 changes consistent with the renumbering. 54.18 Column A Column B 54.19 136A.08 135A.19 54.20 136A.80 135A.51 54.21 136A.81 135A.52 54.22 Subd. 2. [NAME CHANGE.] The revisor of statutes is 54.23 directed to change the term "higher education coordinating 54.24 board," and similar terms, to "higher education services 54.25 office," or similar terms. The change must be made in the next 54.26 edition of Minnesota Statutes. 54.27 Sec. 22. [REPEALER.] 54.28 Minnesota Statutes 1994, sections 135A.052, subdivisions 2 54.29 and 3; 135A.08; 135A.12, subdivision 5; 136A.02; 136A.04; 54.30 136A.041; 136A.043; 136A.85; 136A.86; 136A.87; and 136A.88, are 54.31 repealed. 54.32 ARTICLE 3 54.33 GAMBLING 54.34 Section 1. [RACING COMMISSION, GAMBLING CONTROL BOARD, AND 54.35 LOTTERY BOARD ABOLISHED; RESPONSIBILITIES TRANSFERRED.] 54.36 (a) The Minnesota racing commission, the gambling control 55.1 board, and the state lottery board are abolished. Except as 55.2 otherwise provided in this act, the responsibilities of the 55.3 commission and the boards are transferred under Minnesota 55.4 Statutes, section 15.039, to the department of gambling, 55.5 established in article 4. 55.6 (b) The division of gambling enforcement is transferred 55.7 from the department of public safety to the department of 55.8 gambling, established in article 4. Minnesota Statutes, section 55.9 15.039, applies to this transfer. 55.10 ARTICLE 4 55.11 DEPARTMENT OF GAMBLING 55.12 Section 1. [349B.02] [DEPARTMENT OF GAMBLING.] 55.13 Subdivision 1. [EXECUTIVE AGENCY.] The department of 55.14 gambling is an agency in the executive branch of state 55.15 government under the supervision and control of a commissioner 55.16 appointed by the governor with the advice and consent of the 55.17 senate. 55.18 Subd. 2. [STRUCTURE.] The department consists of the 55.19 pari-mutuel racing division, the gambling control division, and 55.20 the gambling enforcement division. 55.21 Subd. 3. [POWERS AND DUTIES.] The powers and duties of the 55.22 commissioner are as specified in chapters 240, 299L, 349, and 55.23 349A, as well as other powers and duties imposed by law. 55.24 Sec. 2. [APPROPRIATION REDUCTION.] 55.25 The appropriation for the department of gambling for the 55.26 biennium beginning July 1, 1995, must be reduced by $....... in 55.27 the first year and $....... in the second year from the combined 55.28 appropriation for the previous biennium for the commission, 55.29 boards, and division abolished or transferred by article 3. 55.30 Sec. 3. [REPEALER.] 55.31 Minnesota Statutes 1994, sections 240.02; 349.151, 55.32 subdivisions 1, 2, and 3a; and 349A.03, subdivision 1, are 55.33 repealed. 55.34 ARTICLE 5 55.35 CONFORMING AMENDMENTS 55.36 Section 1. Minnesota Statutes 1994, section 10A.01, 56.1 subdivision 18, is amended to read: 56.2 Subd. 18. "Public official" means any: 56.3 (a) member of the legislature; 56.4 (b) constitutional officer in the executive branch and the 56.5 officer's chief administrative deputy; 56.6 (c) member, chief administrative officer or deputy chief 56.7 administrative officer of a state board or commission which has 56.8 at least one of the following powers: (i) the power to adopt, 56.9 amend or repeal rules, or (ii) the power to adjudicate contested 56.10 cases or appeals; 56.11 (d) commissioner, deputy commissioner, or assistant 56.12 commissioner of any state department as designated pursuant to 56.13 section 15.01; 56.14 (e) individual employed in the executive branch who is 56.15 authorized to adopt, amend or repeal rules or adjudicate 56.16 contested cases; 56.17 (f) executive director of the state board of investment; 56.18 (g) executive director of the Indian affairs intertribal 56.19 board; 56.20 (h) commissioner of the iron range resources and 56.21 rehabilitation board; 56.22 (i) commissioner of mediation services; 56.23 (j) deputy of any official listed in clauses (e) to (i); 56.24 (k) judge of the workers' compensation court of appeals; 56.25 (l) administrative law judge or compensation judge in the 56.26 state office of administrative hearings or referee in the 56.27 department of economic security; 56.28 (m) solicitor general or deputy, assistant or special 56.29 assistant attorney general; 56.30 (n) individual employed by the legislature as secretary of 56.31 the senate, legislative auditor, chief clerk of the house, 56.32 revisor of statutes, or researcher, legislative analyst, or 56.33 attorney in the office of senate counsel and research or house 56.34 research; 56.35 (o) member, regional administrator, division director, 56.36 general counsel, or operations manager of the metropolitan 57.1 council; 57.2 (p)the director of the racing commission, the director of57.3the gambling control board,the director of the state lottery, 57.4 and the deputy director of the state lottery; 57.5 (q)directordirectors of thedivision ofpari-mutuel 57.6 racing, gambling control, and gambling enforcement divisions in 57.7 the department ofpublic safetygambling; 57.8 (r) member or executive director of the higher education 57.9 facilities authority; 57.10 (s) member of the board of directors or president of the 57.11 Minnesota world trade center corporation; or 57.12 (t) member or chief administrator of a metropolitan agency. 57.13 Sec. 2. Minnesota Statutes 1994, section 10A.09, 57.14 subdivision 1, is amended to read: 57.15 Subdivision 1. [TIME FOR FILING.] Except for a candidate 57.16 for elective office in the judicial branch, an individual shall 57.17 file a statement of economic interest with the board: 57.18 (1) within 60 days of accepting employment as a public 57.19 official or a local official in a metropolitan governmental 57.20 unit; 57.21 (2) within 14 days after filing an affidavit of candidacy 57.22 or petition to appear on the ballot for an elective public 57.23 office or an elective local office in a metropolitan 57.24 governmental unit; 57.25 (3) in the case of a public official requiring the advice 57.26 and consent of the senate, within 14 days after undertaking the 57.27 duties of office; or 57.28 (4) in the case ofmembers of the Minnesota racing57.29commission,the director of theMinnesotapari-mutuel racing 57.30commission, chief of security, medical officer, inspector of57.31pari-mutuelsdivision of the department of gambling, and 57.32 stewards employed or approved by thecommissioncommissioner of 57.33 gambling or persons who fulfill those duties under contract, 57.34 within 60 days of accepting or assuming duties. 57.35 Sec. 3. Minnesota Statutes 1994, section 15.01, is amended 57.36 to read: 58.1 15.01 [DEPARTMENTS OF THE STATE.] 58.2 The following agencies are designated as the departments of 58.3 the state government: the department of administration; the 58.4 department of agriculture; the department of commerce; the 58.5 department of corrections; the department of education; the 58.6 department of economic security; the department of trade and 58.7 economic development; the department of finance; the department 58.8 of health; the department of human rights; the department of 58.9 gambling; the department of labor and industry; the department 58.10 of military affairs; the department of natural resources; the 58.11 department of employee relations; the department of public 58.12 safety; the department of public service; the department of 58.13 human services; the department of revenue; the department of 58.14 transportation; the department of veterans affairs; and their 58.15 successor departments. 58.16 Sec. 4. Minnesota Statutes 1994, section 15A.081, 58.17 subdivision 1, is amended to read: 58.18 Subdivision 1. [SALARY RANGES.] The governor shall set the 58.19 salary rate within the ranges listed below for positions 58.20 specified in this subdivision, upon approval of the legislative 58.21 commission on employee relations and the legislature as provided 58.22 by section 3.855: 58.23 Salary Range 58.24 $57,500-$78,500 58.25 Commissioner of finance; 58.26 Commissioner of education; 58.27 Commissioner of transportation; 58.28 Commissioner of human services; 58.29 Commissioner of revenue; 58.30 Commissioner of public safety; 58.31 Commissioner of gambling; 58.32 Executive director, state board of investment; 58.33 $50,000-$67,500 58.34 Commissioner of administration; 58.35 Commissioner of agriculture; 58.36 Commissioner of commerce; 59.1 Commissioner of corrections; 59.2 Commissioner of economic security; 59.3 Commissioner of employee relations; 59.4 Commissioner of health; 59.5 Commissioner of labor and industry; 59.6 Commissioner of natural resources; 59.7 Commissioner of trade and economic development; 59.8 Chief administrative law judge; office of administrative 59.9 hearings; 59.10 Commissioner, pollution control agency; 59.11 Director, office of waste management; 59.12 Commissioner, housing finance agency; 59.13 Executive director, public employees retirement 59.14 association; 59.15 Executive director, teacher's retirement association; 59.16 Executive director, state retirement system; 59.17 $42,500-$60,000 59.18 Commissioner of human rights; 59.19 Commissioner, department of public service; 59.20 Commissioner of veterans affairs; 59.21 Commissioner, bureau of mediation services; 59.22 Commissioner, public utilities commission; 59.23 Member, transportation regulation board; 59.24 Ombudsman for corrections; 59.25 Ombudsman for mental health and retardation. 59.26 Sec. 5. Minnesota Statutes 1994, section 16B.54, 59.27 subdivision 2, is amended to read: 59.28 Subd. 2. [VEHICLES.] (a) [ACQUISITION FROM AGENCY; 59.29 APPROPRIATION.] The commissioner may direct an agency to make a 59.30 transfer of a passenger motor vehicle or truck currently 59.31 assigned to it. The transfer must be made to the commissioner 59.32 for use in the central motor pool. The commissioner shall 59.33 reimburse an agency whose motor vehicles have been paid for with 59.34 funds dedicated by the constitution for a special purpose and 59.35 which are assigned to the central motor pool. The amount of 59.36 reimbursement for a motor vehicle is its average wholesale price 60.1 as determined from the midwest edition of the National 60.2 Automobile Dealers Association official used car guide. 60.3 (b) [PURCHASE.] To the extent that funds are available for 60.4 the purpose, the commissioner may purchase or otherwise acquire 60.5 additional passenger motor vehicles and trucks necessary for the 60.6 central motor pool. The title to all motor vehicles assigned to 60.7 or purchased or acquired for the central motor pool is in the 60.8 name of the department of administration. 60.9 (c) [TRANSFER AT AGENCY REQUEST.] On the request of an 60.10 agency, the commissioner may transfer to the central motor pool 60.11 any passenger motor vehicle or truck for the purpose of 60.12 disposing of it. The department or agency transferring the 60.13 vehicle or truck must be paid for it from the motor pool 60.14 revolving account established by this section in an amount equal 60.15 to two-thirds of the average wholesale price of the vehicle or 60.16 truck as determined from the midwest edition of the National 60.17 Automobile Dealers Association official used car guide. 60.18 (d) [VEHICLES; MARKING.] The commissioner shall provide 60.19 for the uniform marking of all motor vehicles. Motor vehicle 60.20 colors must be selected from the regular color chart provided by 60.21 the manufacturer each year. The commissioner may further 60.22 provide for the use of motor vehicles without marking by the 60.23 governor, the lieutenant governor, the division of criminal 60.24 apprehension, division of liquor control,division of gambling60.25enforcement,arson investigators of the division of fire marshal 60.26 in the department of public safety, financial institutions 60.27 division of the department of commerce, state lottery, criminal 60.28 investigators of the department of revenue, state-owned 60.29 community service facilities in the department of human 60.30 services, the investigative staff of the department of economic 60.31 security, the pari-mutuel racing division, gambling control 60.32 division, and gambling enforcement division in the department of 60.33 gambling, and the office of the attorney general. 60.34 Sec. 6. Minnesota Statutes 1994, section 240.01, is 60.35 amended by adding a subdivision to read: 60.36 Subd. 4a. [COMMISSIONER.] "Commissioner" means the 61.1 commissioner of the department of gambling. 61.2 Sec. 7. Minnesota Statutes 1994, section 240.01, is 61.3 amended by adding a subdivision to read: 61.4 Subd. 4b. [DIVISION.] "Division" means the pari-mutuel 61.5 racing division of the department of gambling. 61.6 Sec. 8. Minnesota Statutes 1994, section 240.011, is 61.7 amended to read: 61.8 240.011 [APPOINTMENT OF DIRECTOR.] 61.9 Thegovernorcommissioner shall appoint the director of the 61.10Minnesotapari-mutuel racingcommissiondivision, who serves in 61.11 theunclassifiedclassified serviceat the governor's pleasure. 61.12 The director must be a person qualified by experience in the 61.13 administration and regulation of pari-mutuel racing to discharge 61.14 the duties of the director.The governor must select a director61.15from a list of one or more names submitted by the Minnesota61.16racing commission.61.17 Sec. 9. Minnesota Statutes 1994, section 240.03, is 61.18 amended to read: 61.19 240.03 [COMMISSIONPOWERS AND DUTIES OF THE COMMISSIONER.] 61.20 Thecommissioncommissioner has the following powers and 61.21 duties: 61.22 (1) to regulate horse racing in Minnesota to ensure that it 61.23 is conducted in the public interest; 61.24 (2) to issue licenses as provided in this chapter; 61.25 (3) to enforce all laws and rules governing horse racing; 61.26 (4) to collect and distribute all taxes provided for in 61.27 this chapter; 61.28 (5) to conduct necessary investigations and inquiries and 61.29 compel the submission of information, documents, and recordsit61.30 the commissioner deems necessary to carry outitsthe duties 61.31 under this chapter; 61.32 (6) to supervise the conduct of pari-mutuel betting on 61.33 horse racing; 61.34 (7) to employ and supervise personnel under this chapter; 61.35 (8) to determine the number of racing days to be held in 61.36 the state and at each licensed racetrack; and 62.1 (9) to take all necessary steps to ensure the integrity of 62.2 racing in Minnesota. 62.3 Sec. 10. Minnesota Statutes 1994, section 240.04, is 62.4 amended to read: 62.5 240.04 [EMPLOYEES.] 62.6 Subdivision 1. [DIRECTOR; DUTIES.] The director shall 62.7 perform the following duties: 62.8 (a)take and preserve records of all proceedings before the62.9commission, maintain its books, documents, and records, and make62.10them available for public inspection as the commission directs;62.11(b)if so designated by thecommissioncommissioner, act as 62.12 a hearing officer in hearings which need not be conducted under 62.13 the administrative procedure act to conduct hearings, receive 62.14 testimony and exhibits, and certify the record of proceedings to 62.15 thecommissioncommissioner; 62.16 (c) act as thecommission'spari-mutuel racing division's 62.17 chief personnel officer and supervise the employment, conduct, 62.18 duties, and discipline ofcommissiondivision employees; and 62.19 (d) perform other duties as directed by thecommission62.20 commissioner. 62.21Subd. 1a. [DEPUTY DIRECTOR.] The commission may appoint a62.22deputy director who serves in the unclassified service at the62.23commission's pleasure.62.24Subd. 2. [DIRECTOR OF PARI-MUTUELS.] The commission may62.25employ a director of pari-mutuels who serves in the unclassified62.26service at the commission's pleasure. The director of62.27pari-mutuels shall perform the following duties:62.28(a) supervise all forms of pari-mutuel betting on horse62.29racing in the state;62.30(b) inspect all machinery;62.31(c) make reports on pari-mutuel betting as the commission62.32directs;62.33(d) subject to commission approval, appoint assistants to62.34perform duties the commission designates; and62.35(e) perform other duties as directed by the commission.62.36If no director of pari-mutuels is appointed the duties of63.1that office are assigned to the executive director. The63.2commission may contract with outside services or personnel to63.3assist the executive director in the performance of these duties.63.4Subd. 3. [DIRECTOR OF RACING SECURITY.] The commission may63.5appoint a director of racing security to serve in the63.6unclassified service at the commission's pleasure. The director63.7of racing security shall enforce all laws and commission rules63.8relating to the security and integrity of racing. The director63.9of racing security and all other persons designated by the63.10commission as security officers have free and open access to all63.11areas of all facilities the commission licenses and may search63.12without a search warrant any part of a licensed racetrack and63.13the person of any licensee of the commission on the premises.63.14The director of racing security may order a licensee to take, at63.15the licensee's expense, security measures necessary to protect63.16the integrity of racing, but the order may be appealed to the63.17commission. Nothing in this chapter prohibits law enforcement63.18authorities and agents from entering, in the performance of63.19their duties, a premises licensed under Laws 1983, chapter 214.63.20If no director of racing security is appointed the duties63.21of that office are assigned to the executive director. The63.22commission may contract with outside services or personnel to63.23assist the executive director in the performance of these duties.63.24Subd. 4. [VETERINARIAN.] The commission may appoint a63.25veterinarian who must be a doctor of veterinary medicine and who63.26serves at its pleasure in the unclassified service. The63.27veterinarian shall, while employed by the commission, perform63.28the following duties:63.29(a) supervise the formulation, administration, and63.30evaluation of all medical tests the commission's rules require63.31or authorize;63.32(b) advise the commission on all aspects of veterinary63.33medicine relating to its powers and duties; and63.34(c) supervise all personnel involved in medical testing,63.35subject to the supervision of the executive director.63.36If no veterinarian is appointed, the duties of that office64.1may be assigned to the executive director. The commission may64.2contract with outside personnel to assist the executive director64.3in the performance of these duties.64.4The commission may require that a licensee reimburse it for64.5the costs of services provided by assistant veterinarians.64.6 Subd.5.2. [OTHER EMPLOYEES.] Subject to applicable laws, 64.7 thecommissioncommissioner shall employ and assign duties to 64.8 other officers, employees, and agents asit deemsnecessary to 64.9 dischargeitsthe division's functions. 64.10 Subd.6.3. [COMPENSATION.] The compensation of all 64.11commissionemployees shall be as provided in chapter 43A. 64.12 Subd.7.4. [ASSISTANCE.] Thecommissioncommissioner and 64.13 director may request assistance from any department or agency of 64.14 the state in fulfilling its duties, and shall make appropriate 64.15 reimbursement for all such assistance. 64.16 Sec. 11. Minnesota Statutes 1994, section 240.05, 64.17 subdivision 2, is amended to read: 64.18 Subd. 2. [FORMS.] All application forms for licenses must 64.19 contain a statement to the effect that by accepting a license 64.20 from thecommissioncommissioner a licensee consents to having 64.21 property or person subject to inspection at any time bythe64.22director of racing security or bysecurity officers designated 64.23 by thecommissioncommissioner. 64.24 Sec. 12. Minnesota Statutes 1994, section 240.06, 64.25 subdivision 3, is amended to read: 64.26 Subd. 3. [INVESTIGATION.] Before granting a class A 64.27 license thecommissioncommissioner shall conduct, or request 64.28 thedivision ofgambling enforcement division to conduct, a 64.29 comprehensive background and financial investigation of the 64.30 applicant and sources of financing. Thecommissioncommissioner 64.31 may charge an applicant an investigation fee to cover the cost 64.32 of the investigation, and shall from this fee reimburse the64.33division of gambling enforcement for its share of the cost of64.34the investigation. Thecommissioncommissioner has access to 64.35 all criminal history data compiled by thedivision ofgambling 64.36 enforcement division on class A licensees and applicants. 65.1 Sec. 13. Minnesota Statutes 1994, section 240.06, 65.2 subdivision 7, is amended to read: 65.3 Subd. 7. [LICENSE SUSPENSION AND REVOCATION.] The 65.4commissioncommissioner: 65.5 (1) may revoke a class A license for (i) a violation of 65.6 law, order, or rule which in thecommission'scommissioner's 65.7 opinion adversely affects the integrity of horse racing in 65.8 Minnesota, or for an intentional false statement made in a 65.9 license application, or (ii) a willful failure to pay any money 65.10 required to be paid byLaws 1983, chapter 214, andthis chapter; 65.11 (2) may revoke a class A license for failure to perform 65.12 material covenants or representations made in a license 65.13 application; and 65.14 (3) shall revoke a class A license if live racing has not 65.15 been conducted on at least 50 racing days assigned by the 65.16commissioncommissioner during any period of 12 consecutive 65.17 months, unless thecommissioncommissioner authorizes a shorter 65.18 period because of circumstances beyond the licensee's control. 65.19 Thecommissioncommissioner may suspend a class A license 65.20 for up to one year for a violation of law, order, or rule which 65.21 in thecommission'scommissioner's opinion adversely affects the 65.22 integrity of horse racing in Minnesota, and may suspend a class 65.23 A license indefinitely if it determines that the licensee has as 65.24 an officer, director, shareholder, or other person with a 65.25 direct, indirect, or beneficial interest a person who is in the 65.26commission'scommissioner's opinion inimical to the integrity of 65.27 horse racing in Minnesota or who cannot be certified under 65.28 subdivision 1, clause (d). 65.29 A license revocation or suspension under this subdivision 65.30 is a contested case under sections 14.57 to 14.69 of the 65.31 Administrative Procedure Act, and is in addition to criminal 65.32 penalties imposed for a violation of law or rule. 65.33 Sec. 14. Minnesota Statutes 1994, section 240.06, 65.34 subdivision 8, is amended to read: 65.35 Subd. 8. [WORK AREAS.] A class A licensee must provide at 65.36 no cost to thecommissioncommissioner suitable work areas for 66.1commissiondivision members, officers, employees, and agents, 66.2 including agents of thedivision ofgambling enforcement 66.3 division, who are directed or requested by thecommission66.4 commissioner to supervise and control racing at the licensed 66.5 racetrack. 66.6 Sec. 15. Minnesota Statutes 1994, section 240.07, 66.7 subdivision 2, is amended to read: 66.8 Subd. 2. [HEARINGS; INVESTIGATIONS.] Before granting an 66.9 initial class B license thecommissioncommissioner shall hold 66.10 at least one public hearing on the license. Comprehensive 66.11 investigations must be conducted and their costs paid in the 66.12 manner prescribed by section 240.06, subdivision 3. 66.13 Thecommissioncommissioner has access to all criminal history 66.14 data compiled by thedivision ofgambling enforcement division 66.15 on class B licensees and applicants. 66.16 Sec. 16. Minnesota Statutes 1994, section 240.08, is 66.17 amended to read: 66.18 240.08 [OCCUPATION LICENSES.] 66.19 Subdivision 1. [AUTHORITY.] Thecommissioncommissioner 66.20 may issue class C occupational licenses to persons who wish to 66.21 be employed in horse racing where pari-mutuel betting is 66.22 conducted as: 66.23 (a) horse owners or lessees; 66.24 (b) jockeys or drivers; 66.25 (c) exercise riders; 66.26 (d) grooms; 66.27 (e) trainers and their assistants; 66.28 (f) pari-mutuel personnel; 66.29 (g) security officers; 66.30 (h) other occupations thecommissioncommissioner by rule 66.31 determines require licensing to ensure the integrity of horse 66.32 racing in Minnesota. 66.33 Subd. 2. [APPLICATION.] An application for a class C 66.34 license must be on a form thecommissioncommissioner prescribes 66.35 and must be accompanied by an affidavit of qualification that 66.36 the applicant: 67.1 (a) is not in default in the payment of an obligation or 67.2 debt to the state underLaws 1983, chapter 214this chapter; 67.3 (b) has never been convicted of a felony in a state or 67.4 federal court and does not have a state or federal felony charge 67.5 pending; 67.6 (c) is not and never has been connected with or engaged in 67.7 an illegal business; 67.8 (d) has never been found guilty of fraud or 67.9 misrepresentation in connection with racing or breeding; 67.10 (e) has never been found guilty of a violation of law or 67.11 rule relating to horse racing, pari-mutuel betting or any other 67.12 form of gambling which is a serious violation as definedby the67.13commission's rulesin rule; and 67.14 (f) has never knowingly violated a rule or order of the 67.15commissioncommissioner or a law of Minnesota relating to racing. 67.16 The application must also contain an irrevocable consent 67.17 statement, to be signed by the applicant, which states that 67.18 suits and actions relating to the subject matter of the 67.19 application or acts or omissions arising from it may be 67.20 commenced against the applicant in any court of competent 67.21 jurisdiction in this state by the service on the secretary of 67.22 state of any summons, process, or pleading authorized by the 67.23 laws of this state. If any summons, process, or pleading is 67.24 served upon the secretary of state, it must be by duplicate 67.25 copies. One copy must be retained in the office of the 67.26 secretary of state and the other copy must be forwarded 67.27 immediately by certified mail to the address of the applicant, 67.28 as shown by the records of thecommissioncommissioner. 67.29 Subd. 3. [INVESTIGATIONS.] Thecommissioncommissioner 67.30 shall investigate each applicant for a class C license to the 67.31 extent it deems necessary, and may request the assistance ofand67.32may reimbursethedivision ofgambling enforcement division in 67.33 investigating applicants. Thecommissioncommissioner may by 67.34 rule require that an applicant be fingerprinted or furnish the 67.35 applicant's fingerprints. Investigations must be conducted and 67.36 their costs paid in the manner prescribed by section 240.06, 68.1 subdivision 3. Thecommissioncommissioner may cooperate with 68.2 national and international organizations and agencies in 68.3 conducting investigations. Thecommissioncommissioner may by 68.4 rule provide for examining the qualifications of an applicant 68.5 for the license being applied for. Thecommissioncommissioner 68.6 has access to all criminal history data compiled by thedivision68.7ofgambling enforcement division on class C applicants and 68.8 licensees. 68.9 Subd. 4. [LICENSE ISSUANCE AND RENEWAL.] If thecommission68.10 commissioner determines that the applicant is qualified for the 68.11 occupation for which licensing is sought and will not adversely 68.12 affect the public health, welfare, and safety or the integrity 68.13 of racing in Minnesota, it may issue a class C license to the 68.14 applicant. If it makes a similar finding for a renewal of a 68.15 class C license it may renew the license. Class C licenses are 68.16 effective for one year. 68.17 Subd. 5. [REVOCATION AND SUSPENSION.] Thecommission68.18 commissioner may revoke a class C license for a violation of law 68.19 or rule which in thecommission'scommissioner's opinion 68.20 adversely affects the integrity of horse racing in Minnesota, or 68.21 for an intentional false statement made in a license application. 68.22 Thecommissioncommissioner may suspend a class C license 68.23 for up to one year for a violation of law, order or rule. 68.24 Thecommissioncommissioner may delegate to its designated 68.25 agents the authority to impose suspensions of class C licenses, 68.26 and the suspension may be appealed to thecommission68.27 commissioner according to its rules. 68.28 A license revocation or suspension for more than 90 days is 68.29 a contested case under sections 14.57 to 14.69 of the 68.30 administrative procedure act and is in addition to criminal 68.31 penalties imposed for a violation of law or rule. The 68.32commissioncommissioner may summarily suspend a license for more 68.33 than 90 days prior to a contested case hearing where it is 68.34 necessary to ensure the integrity of racing. A contested case 68.35 hearing must be held within 20 days of the summary suspension 68.36 and the administrative law judge's report must be issued within 69.1 20 days from the close of the hearing record. In all cases 69.2 involving summary suspension thecommissioncommissioner must 69.3 issue its final decision within 30 days from receipt of the 69.4 report of the administrative law judge and subsequent exceptions 69.5 and argument under section 14.61. 69.6 Sec. 17. Minnesota Statutes 1994, section 240.09, 69.7 subdivision 3a, is amended to read: 69.8 Subd. 3a. [INVESTIGATION.] Before granting a class D 69.9 license the director shall conduct, or request thedivision of69.10 gambling enforcement division to conduct, a comprehensive 69.11 background and financial investigation of the applicant and the 69.12 sources of financing. The director may charge an applicant an 69.13 investigation fee to cover the cost of the investigation, and69.14shall from this fee reimburse the division of gambling69.15enforcement for its share of the cost of the investigation. The 69.16 director has access to all criminal history data compiled by the 69.17division ofgambling enforcement division on class A licensees 69.18 and applicants. 69.19 Sec. 18. Minnesota Statutes 1994, section 240.155, is 69.20 amended to read: 69.21 240.155 [REIMBURSEMENT ACCOUNTS AND PROCEDURES.] 69.22 Subdivision 1. [REIMBURSEMENT ACCOUNT CREDIT.] Money 69.23 received by thecommissioncommissioner as reimbursement for the 69.24 costs of services provided by assistant veterinarians and 69.25 stewards must be deposited in the state treasury and credited to 69.26 a pari-mutuel racingcommissiondivision reimbursement account, 69.27 except as provided under subdivision 2. Receipts are 69.28 appropriated to thecommissioncommissioner to pay the costs of 69.29 providing the services. 69.30 Subd. 2. [GENERAL FUND CREDIT.] Money received by the 69.31commissioncommissioner as reimbursement for the compensation of 69.32 a steward who is an employee of thecommissiondivision for 69.33 which a general fund appropriation has been made must be 69.34 credited to the general fund. 69.35 Sec. 19. Minnesota Statutes 1994, section 240.16, is 69.36 amended to read: 70.1 240.16 [STEWARDS.] 70.2 Subdivision 1. [POWERS AND DUTIES.] All horse races run at 70.3 a licensed racetrack must be presided over by a board of three 70.4 stewards, who must be appointees of thecommissioncommissioner 70.5 or persons approved byitthe commissioner. Thecommission70.6 commissioner shall designate one steward as chair. At least two 70.7 stewards for all races either shall be employees of 70.8 thecommissiondivision who shall serve in the unclassified 70.9 service, or shall be under contract with thecommissiondivision 70.10 to serve as stewards. Thecommissioncommissioner may delegate 70.11 the following duties and powers to a board of stewards: 70.12 (a) to ensure that races are run in accordance with the 70.13commission'scommissioner's rules; 70.14 (b) to supervise the conduct of racing to ensure the 70.15 integrity of the sport; 70.16 (c) to settle disputes arising from the running of horse 70.17 races, and to certify official results; 70.18 (d) to impose on licensees, for violation of law or 70.19commissionrules, fines not exceeding $2,000 and license 70.20 suspensions not exceeding 90 days; 70.21 (e) to recommend to thecommissioncommissioner where 70.22 warranted penalties in excess of those in clause (d); 70.23 (f) to otherwise enforce the laws and rules of racing; and 70.24 (g) to perform other duties and have other powers assigned 70.25 by thecommissioncommissioner. 70.26 Subd. 1a. [SIMULCAST.] All simulcasts are subject to the 70.27 regulation of thecommissioncommissioner. Thecommission70.28 commissioner may assign an official to preside over these 70.29 activities and, if so assigned, the official has the powers and 70.30 duties provided by rule. 70.31 Subd. 2. [APPEALS; HEARINGS.] A ruling of a board of 70.32 stewards may be appealed to thecommissioncommissioner or be 70.33 reviewedby itonitsthe commissioner's own initiative.The70.34commission may provide for appeals to be heard by less than a70.35quorum of the commission.A hearing on a penalty imposed by a 70.36 board of stewards must be granted on request. 71.1 Subd. 3. [PROCEDURAL POWERS.] A board of stewards has the 71.2 authority to administer oaths, issue subpoenas, order the 71.3 production of documents and other evidence, and regulate the 71.4 course of hearings before it, according to the 71.5commission'scommissioner's rules. Hearings held by a board of 71.6 stewards are not subject to the provisions of the Administrative 71.7 Procedure Act except those provisions which thecommission71.8 commissioner by rule makes applicable. 71.9 Subd. 4. [RULES.] In addition to rules under subdivision 71.10 3, thecommissioncommissioner may promulgate rules governing 71.11 the qualifications, appointment, approval, authority, removal, 71.12 and compensation of stewards. 71.13 Subd. 5. [COSTS.] Thecommissioncommissioner may require 71.14 that a licensee reimburse it for the costs of providing a 71.15 state-paid steward or stewards to supervise racing at the 71.16 licensee's racetrack. 71.17 Subd. 6. [COMPENSATION.] The total compensation of 71.18 stewards who are employees of thecommissiondivision must be 71.19 commensurate with the compensation of stewards who are not 71.20commissiondivision employees. 71.21 Sec. 20. Minnesota Statutes 1994, section 240.18, 71.22 subdivision 2, is amended to read: 71.23 Subd. 2. [THOROUGHBRED AND QUARTERHORSE CATEGORIES.] (a) 71.24 With respect to available money apportioned in the thoroughbred 71.25 and quarterhorse categories, 20 percent must be expended as 71.26 follows: 71.27 (1) at least one-half in the form of grants, contracts, or 71.28 expenditures for equine research and related education at the 71.29 University of Minnesota school of veterinary medicine; and 71.30 (2) the balance in the form of grants, contracts, or 71.31 expenditures for one or more of the following: 71.32 (i) additional equine research and related education; 71.33 (ii) substance abuse programs for licensed personnel at 71.34 racetracks in this state; and 71.35 (iii) promotion and public information regarding industry 71.36 andcommissiondivision activities; racehorse breeding, 72.1 ownership, and management; and development and expansion of 72.2 economic benefits from racing. 72.3 (b) As a condition of a grant, contract, or expenditure 72.4 under paragraph (a), thecommissioncommissioner shall require 72.5 an annual report from the recipient on the use of the funds to 72.6 thecommissioncommissioner, the chair of the house of 72.7 representatives committee on general legislation, veterans 72.8 affairs, and gaming, and the chair of the senate committee on 72.9 gaming regulation. 72.10 (c) Thecommissioncommissioner shall include initsan 72.11 annual report a summary of each grant, contract, or expenditure 72.12 under paragraph (a), clause (2), and a description of how 72.13 thecommissiondivision has coordinated activities among 72.14 recipients to ensure the most efficient and effective use of 72.15 funds. 72.16 (d) After deducting the amount for paragraph (a), the 72.17 balance of the available proceeds in each category may be 72.18 expended by thecommissioncommissioner to: 72.19 (1) supplement purses for races held exclusively for 72.20 Minnesota-bred or Minnesota-foaled horses, and supplement purses 72.21 for Minnesota-bred or Minnesota-foaled horses racing in 72.22 nonrestricted races in that category; 72.23 (2) pay breeders' or owners' awards to the breeders or 72.24 owners of Minnesota-bred horses in that category which win money 72.25 at licensed racetracks in the state; and 72.26 (3) provide other financial incentives to encourage the 72.27 horse breeding industry in Minnesota. 72.28 Sec. 21. Minnesota Statutes 1994, section 240.21, is 72.29 amended to read: 72.30 240.21 [RIGHT OF INSPECTION.] 72.31 Thecommissioncommissioner anditsthe commissioner's 72.32 representatives, including representatives of thedivision of72.33 gambling enforcement division, have the right to inspect the 72.34 licensed premises of a licensee and to examine the licensee's 72.35 books and other records at any time without a search warrant. 72.36 Sec. 22. Minnesota Statutes 1994, section 240.24, is 73.1 amended to read: 73.2 240.24 [MEDICATION.] 73.3 Subdivision 1. [RULES.] Thecommissioncommissioner shall 73.4 make and enforce rules governing medication and medical testing 73.5 for horses running at licensed racetracks. The rules must 73.6 provide that no medication, as thecommissioncommissioner 73.7 defines that term by rule, may be administered to a horse within 73.8 48 hours of a race it runs at a licensed racetrack. The rules 73.9 must also provide that no horse participating in a race shall 73.10 carry in its body any substance foreign to the natural horse. 73.11 Thecommissioncommissioner shall by rule establish the 73.12 qualifications for laboratories used by it as testing 73.13 laboratories to enforce its rules under this section. 73.14 Subd. 2. [EXCEPTION.] Notwithstanding subdivision 1, 73.15 thecommissioncommissioner by rule shall allow the use of: (1) 73.16 topical external applications that do not contain anesthetics or 73.17 steroids; (2) food additives; (3) Furosemide or other pulmonary 73.18 hemostatic agents if the agents are administered under the 73.19 visual supervision of the veterinarian or a designee of the 73.20 veterinarian employed by thecommissioncommissioner; and (4) 73.21 nonsteroidal anti-inflammatory drugs, provided that the test 73.22 sample does not contain more than three micrograms of the 73.23 substance or metabolites thereof per milliliter of blood 73.24 plasma. For purposes of this clause, "test sample" means any 73.25 bodily substance including blood, urine, saliva, or other 73.26 substance as directed by thecommissioncommissioner, taken from 73.27 a horse under the supervision ofthe commissiona veterinarian 73.28 and in such manner as prescribed by thecommissioncommissioner 73.29 for the purpose of analysis. 73.30The commission shall adopt emergency rules to implement the73.31provisions of this subdivision.73.32 Subd. 3. [FEES.] Thecommissioncommissioner shall 73.33 establish by rule a fee or schedule of fees to recover the costs 73.34 of medical testing of horses running at racetracks licensed by 73.35 thecommissioncommissioner. Fees charged for the testing of 73.36 horses shall cover the cost of the medical testing laboratory. 74.1 Fee receipts shall be deposited in the state treasury and 74.2 credited to the general fund. 74.3 Sec. 23. Minnesota Statutes 1994, section 240.28, is 74.4 amended to read: 74.5 240.28 [CONFLICT OF INTEREST.] 74.6 Subdivision 1. [FINANCIAL INTEREST.] No person mayserve74.7on orbe employed by thecommissiondivision who has an interest 74.8 in any corporation, association, or partnership which holds a 74.9 license from thecommissioncommissioner or which holds a 74.10 contract to supply goods or services to a licensee or at a 74.11 licensed racetrack, including concessions contracts. Nomember74.12oremployee of thecommissiondivision may own, wholly or in 74.13 part, or have an interest in a horse which races at a licensed 74.14 racetrack in Minnesota. Nomember oremployee of thecommission74.15 division may have a financial interest in or be employed in a 74.16 profession or business which conflicts with the performance of 74.17 duties asa member oran employee. 74.18 Subd. 2. [BETTING.] Nomember oremployee of the 74.19commissiondivision may bet or cause a bet to be made on a race 74.20 at a licensed racetrack whileserving on orbeing employed by 74.21 thecommissiondivision. No person appointed or approved by the 74.22 director as a steward may bet or cause a bet to be made at a 74.23 licensed racetrack during a racing meeting at which the person 74.24 is serving as a steward. Thecommissioncommissioner shall by 74.25 rule prescribe such restrictions on betting by its licensees as 74.26 it deems necessary to protect the integrity of racing. 74.27 Subd. 3. [VIOLATION.] A violation of subdivisions 1 and 2 74.28 is grounds forremoval from the commission ortermination of 74.29 employment. A bet made directly or indirectly by a licensee in 74.30 violation of a rule made by thecommissioncommissioner under 74.31 subdivision 2 is grounds for suspension or revocation of the 74.32 license. 74.33 Sec. 24. Minnesota Statutes 1994, section 299L.01, is 74.34 amended to read: 74.35 299L.01 [DIVISION OFGAMBLING ENFORCEMENT DIVISION.] 74.36 Subdivision 1. [DEFINITIONS.] (a) For the purposes of this 75.1 chapter, the terms defined in this subdivision have the meanings 75.2 given them. 75.3 (b) "Division" means thedivision ofgambling enforcement 75.4 division of the department of gambling. 75.5 (c) "Commissioner" means the commissioner ofpublic75.6safetygambling. 75.7 (d) "Director" means the director of the gambling 75.8 enforcement division. 75.9 (e) "Manufacturer" means a person who assembles from raw 75.10 materials or subparts a gambling device for sale or use in 75.11 Minnesota. 75.12 (f) "Distributor" means a person who sells, offers to sell, 75.13 or otherwise provides a gambling device to a person in Minnesota. 75.14 (g) "Used gambling device" means a gambling device five or 75.15 more years old from the date of manufacture. 75.16 Subd. 2. [ESTABLISHED.] Thedivision ofgambling 75.17 enforcement division is a division in the department ofpublic75.18safetygambling under the control and supervision of a director, 75.19 appointed by the commissioner and servingat the commissioner's75.20pleasurein theunclassifiedclassified service. The director 75.21 must be a person who is licensed or eligible to be licensed as a 75.22 peace officer under sections 626.84 to 626.863. 75.23 Subd. 3. [EMPLOYEES.] The director shall employ in the 75.24 divisionof gambling enforcementpersonnel, in the classified 75.25 service, necessary to carry out the duties under this chapter. 75.26 The director shall request the bureau of criminal apprehension 75.27 to perform background checks on persons who are finalists for 75.28 employment with the division but may employ personnel pending 75.29 completion of the background check. 75.30 Subd. 4. [CONFLICT OF INTEREST.] (a) The director and any 75.31 person employed by the division may not have a direct or 75.32 indirect financial interest in: 75.33 (1) a class A or B licensee of the racing commission; 75.34 (2) a lottery retailer under contract with the state 75.35 lottery; 75.36 (3) a person who is under a lottery procurement contract 76.1 with the state lottery; 76.2 (4) a bingo hall, manufacturer, or distributor licensed 76.3 under chapter 349; or 76.4 (5) a manufacturer or distributor licensed under this 76.5 chapter. 76.6 (b) The director or an employee of the divisionof gambling76.7enforcementmay not participate in the conducting of lawful 76.8 gambling under chapter 349. 76.9 Sec. 25. Minnesota Statutes 1994, section 299L.02, 76.10 subdivision 2, is amended to read: 76.11 Subd. 2. [GAMBLING.] The director shall: 76.12 (1) conduct background investigations of applicants for 76.13 licensing as a manufacturer or distributor of gambling equipment 76.14 or as a bingo hall under chapter 349; and 76.15 (2) when requested by the director of gambling 76.16 control division, or when the director believes it to be 76.17 reasonable and necessary, inspect the premises of a licensee 76.18 under chapter 349 to determine compliance with law and with the 76.19 rules of theboardcommissioner, or to conduct an audit of the 76.20 accounts, books, records, or other documents required to be kept 76.21 by the licensee. 76.22 The director may charge applicants under clause (1) a 76.23 reasonable fee to cover the costs of the investigation. 76.24 Sec. 26. Minnesota Statutes 1994, section 299L.02, 76.25 subdivision 3, is amended to read: 76.26 Subd. 3. [HORSE RACING INVESTIGATIONS.] (a) The director 76.27 shall conduct background investigations as provided by law on 76.28 all applicants for licenses issuedby the Minnesota racing76.29commissionunder chapter 240. 76.30 (b) The director shall, upon request of the director of the 76.31 racingcommissiondivision, or when the director believes it to 76.32 be reasonable and necessary, investigate the activities of a 76.33 licenseeof the Minnesota racing commissionunder chapter 240 to 76.34 determine the licensee's compliance with law and with rules of 76.35 thecommissioncommissioner. 76.36 Sec. 27. Minnesota Statutes 1994, section 299L.02, 77.1 subdivision 4, is amended to read: 77.2 Subd. 4. [OTHER GAMBLING.] The directorof gambling77.3enforcementshall cooperate with all state and local agencies in 77.4 the detection and apprehension of unlawful gambling. 77.5 Sec. 28. Minnesota Statutes 1994, section 299L.02, 77.6 subdivision 5, is amended to read: 77.7 Subd. 5. [BACKGROUND CHECKS.] In any background check 77.8 required to be conducted by the divisionof gambling enforcement77.9 under this chapter, chapter 240, 349, 349A, or section 3.9221, 77.10 the director may, or shall when required by law, require that 77.11 fingerprints be taken and the director may forward the 77.12 fingerprints to the Federal Bureau of Investigation for the 77.13 conducting of a national criminal history check. The director 77.14 may charge a fee for fingerprint recording and investigation 77.15 under section 3.9221. 77.16 Sec. 29. Minnesota Statutes 1994, section 299L.03, 77.17 subdivision 1, is amended to read: 77.18 Subdivision 1. [INSPECTIONS; ACCESS.] In conducting any 77.19 inspection authorized under this chapter or chapter 240, 349, or 77.20 349A, the employees of the divisionof gambling enforcementhave 77.21 free and open access to all parts of the regulated business 77.22 premises, and may conduct the inspection at any reasonable time 77.23 without notice and without a search warrant. For purposes of 77.24 this subdivision, "regulated business premises" means premises 77.25 where: 77.26 (1) lawful gambling is conducted by an organization 77.27 licensed under chapter 349 or by an organization exempt from 77.28 licensing under section 349.166; 77.29 (2) gambling equipment is manufactured, sold, distributed, 77.30 or serviced by a manufacturer or distributor licensed under 77.31 chapter 349; 77.32 (3) records required to be maintained under chapter 240, 77.33 297E, 349, or 349A are prepared or retained; 77.34 (4) lottery tickets are sold by a lottery retailer under 77.35 chapter 340A; 77.36 (5) races are conducted by a person licensed under chapter 78.1 240; or 78.2 (6) gambling devices are manufactured or distributed, 78.3 including places of storage under section 299L.07. 78.4 Sec. 30. Minnesota Statutes 1994, section 299L.03, 78.5 subdivision 4, is amended to read: 78.6 Subd. 4. [ACCESS TO CRIMINAL HISTORY.] The director has 78.7 access to all criminal history data compiled by the bureau of 78.8 criminal apprehension on any person licensed or under contract 78.9 with the state lottery, pari-mutuel racingcommissiondivision, 78.10 or the gambling controlboarddivision, or any applicant for 78.11 licensing or a person who has submitted a bid on a lottery 78.12 contractor or any employee and finalist for employment with the 78.13 state lottery. 78.14 Sec. 31. Minnesota Statutes 1994, section 299L.03, 78.15 subdivision 5, is amended to read: 78.16 Subd. 5. [ARREST POWERS.] The director may designate 78.17 certain employees within the divisionof gambling enforcement78.18 who are authorized to arrest or investigate any person who is 78.19 suspected of violating any provision of chapter 240, 349, or 78.20 349A, or is suspected of committing any crime involving 78.21 gambling, and to conduct searches and seizures to enforce any of 78.22 those laws. Any employee authorized by this subdivision to make 78.23 an arrest must be licensed under sections 626.84 to 626.863. 78.24 Sec. 32. Minnesota Statutes 1994, section 299L.03, 78.25 subdivision 7, is amended to read: 78.26 Subd. 7. [OTHER POWERS.] Nothing in this chapter limits 78.27 the authority of the divisionof gambling enforcementto 78.28 exercise any other power specified under chapter 240, 349, or 78.29 349A. 78.30 Sec. 33. Minnesota Statutes 1994, section 349.12, is 78.31 amended by adding a subdivision to read: 78.32 Subd. 8a. [COMMISSIONER.] "Commissioner" is the 78.33 commissioner of the department of gambling. 78.34 Sec. 34. Minnesota Statutes 1994, section 349.12, 78.35 subdivision 10, is amended to read: 78.36 Subd. 10. [DIRECTOR.] "Director" is the director of the 79.1 gambling controlboarddivision. 79.2 Sec. 35. Minnesota Statutes 1994, section 349.12, is 79.3 amended by adding a subdivision to read: 79.4 Subd. 12. [DIVISION.] "Division" is the gambling control 79.5 division of the department of gambling. 79.6 Sec. 36. Minnesota Statutes 1994, section 349.13, is 79.7 amended to read: 79.8 349.13 [LAWFUL GAMBLING.] 79.9 Lawful gambling is not a lottery or gambling within the 79.10 meaning of sections 609.75 to 609.76 if it is conducted under 79.11 this chapter. A pull-tab dispensing device permitted byboard79.12 rule is not a gambling device within the meaning of sections 79.13 609.75 to 609.76 and chapter 299L. 79.14 Sec. 37. Minnesota Statutes 1994, section 349.151, 79.15 subdivision 8, is amended to read: 79.16 Subd. 8. [CRIMINAL HISTORY.] Theboardcommissioner may 79.17 request the director of the gambling enforcement division to 79.18 assist in investigating the background of an applicant for a 79.19 license under this chapter, and the director of the gambling 79.20 enforcement division may bill the license applicant for the cost 79.21 thereof. Theboardcommissioner has access to all criminal 79.22 history data compiled by thedivision ofgambling 79.23 enforcement division on licensees and applicants. 79.24 Sec. 38. Minnesota Statutes 1994, section 349.152, 79.25 subdivision 1, is amended to read: 79.26 Subdivision 1. [APPOINTED.] Thegovernorcommissioner 79.27 shall appoint, with the advice and consent of the senate,a 79.28 directorfrom a list of one or more persons submitted by the79.29board. The directorwho serves in theunclassifiedclassified 79.30 serviceat the pleasure of the governor. 79.31 Sec. 39. Minnesota Statutes 1994, section 349.153, is 79.32 amended to read: 79.33 349.153 [CONFLICT OF INTEREST.] 79.34 (a) A person may notserve on the board,be the director, 79.35 or be an employee of theboarddivision who has an interest in 79.36 any corporation, association, limited liability company, or 80.1 partnership that is licensed by theboardcommissioner as a 80.2 distributor, manufacturer, or a bingo hall under section 349.164. 80.3 (b)A member of the board,The director, or an employee of 80.4 theboarddivision may not accept employment with, receive 80.5 compensation directly or indirectly from, or enter into a 80.6 contractual relationship with an organization that conducts 80.7 lawful gambling, a distributor, a bingo hall or a manufacturer 80.8 while employed withor a member oftheboarddivision or within 80.9 one year after terminating employment with or leaving theboard80.10 division. 80.11 (c) A distributor, bingo hall, manufacturer, or 80.12 organization licensed to conduct lawful gambling may not hire a 80.13 former employee,or director, or memberof thegambling control80.14boarddivision for one year after the employee,or director,80.15or memberhas terminated employment with or left thegambling80.16control boarddivision. 80.17 Sec. 40. Minnesota Statutes 1994, section 349.155, 80.18 subdivision 4, is amended to read: 80.19 Subd. 4. [LICENSE REVOCATION, SUSPENSION, DENIAL; 80.20 CENSURE.] Theboardcommissioner may by order (i) deny, suspend, 80.21 revoke, or refuse to renew a license or premises permit, or (ii) 80.22 censure a licensee or applicant, ifitthe commissioner finds 80.23 that the order is in the public interest and that the applicant 80.24 or licensee, or a director, officer, partner, governor, person 80.25 in a supervisory or management position of the applicant or 80.26 licensee, an employee eligible to make sales on behalf of the 80.27 applicant or licensee, or direct or indirect holder of more than 80.28 a five percent financial interest in the applicant or licensee: 80.29 (1) has violated or failed to comply with any provision of 80.30 this chapter or chapter 297E or 299L, or any rule adopted or 80.31 order issued thereunder; 80.32 (2) has filed an application for a license that is 80.33 incomplete in any material respect, or contains a statement 80.34 that, in light of the circumstances under which it was made, is 80.35 false, misleading, fraudulent, or a misrepresentation; 80.36 (3) has made a false statement in a document or report 81.1 required to be submitted to theboardcommissioner or the 81.2 commissioner of revenue, or has made a false statement to 81.3 theboardcommissioner, the compliance review group, or the 81.4 director; 81.5 (4) has been convicted of a crime in another jurisdiction 81.6 that would be a felony if committed in Minnesota; 81.7 (5) is permanently or temporarily enjoined by any gambling 81.8 regulatory agency from engaging in or continuing any conduct or 81.9 practice involving any aspect of gambling; 81.10 (6) has had a gambling-related license revoked or 81.11 suspended, or has paid or been required to pay a monetary 81.12 penalty of $2,500 or more, by a gambling regulator in another 81.13 state or jurisdiction; 81.14 (7) has been the subject of any of the following actions by 81.15 the director of the gambling enforcement division or 81.16 commissionerof public safety: (i) had a license under chapter 81.17 299L denied, suspended, or revoked, (ii) been censured, 81.18 reprimanded, has paid or been required to pay a monetary penalty 81.19 or fine, or (iii) has been the subject of any other discipline 81.20 by the director or commissioner; or 81.21 (8) has engaged in conduct that is contrary to the public 81.22 health, welfare, or safety, or to the integrity of gambling; or 81.23 (9) based on past activities or criminal record poses a 81.24 threat to the public interest or to the effective regulation and 81.25 control of gambling, or creates or enhances the dangers of 81.26 unsuitable, unfair, or illegal practices, methods, and 81.27 activities in the conduct of gambling or the carrying on of the 81.28 business and financial arrangements incidental to the conduct of 81.29 gambling. 81.30 Sec. 41. Minnesota Statutes 1994, section 349.162, 81.31 subdivision 2, is amended to read: 81.32 Subd. 2. [RECORDS REQUIRED.] A distributor must maintain a 81.33 record of all gambling equipment which it sells to 81.34 organizations. The record must include: 81.35 (1) the identity of the person from whom the distributor 81.36 purchased the equipment; 82.1 (2) the registration number of the equipment; 82.2 (3) the name, address, and license or exempt permit number 82.3 of the organization to which the sale was made; 82.4 (4) the date of the sale; 82.5 (5) the name of the person who ordered the equipment; 82.6 (6) the name of the person who received the equipment; 82.7 (7) the type of equipment; 82.8 (8) the serial number of the equipment; 82.9 (9) the name, form number, or other identifying information 82.10 for each game; and 82.11 (10) in the case of bingo hard cards or paper sheets sold 82.12 on and after January 1, 1991, the individual number of each card 82.13 or sheet. 82.14 The invoice for each sale must be retained for at least 82.15 3-1/2 years after the sale is completed and a copy of each 82.16 invoice is to be delivered to theboardcommissioner in the 82.17 manner and time prescribed by theboardcommissioner. For 82.18 purposes of this section, a sale is completed when the gambling 82.19 equipment is physically delivered to the purchaser. 82.20 Each distributor must report monthly to theboard82.21 commissioner, in a form theboardcommissioner prescribes, its 82.22 sales of each type of gambling equipment. Employees of 82.23 theboarddivision and thedivision ofgambling 82.24 enforcement division may inspect the business premises, books, 82.25 records, and other documents of a distributor at any reasonable 82.26 time without notice and without a search warrant. 82.27 Theboardcommissioner may require that a distributor 82.28 submit the monthly report and invoices required in this 82.29 subdivision via magnetic media or electronic data transfer. 82.30 Sec. 42. Minnesota Statutes 1994, section 349.162, 82.31 subdivision 6, is amended to read: 82.32 Subd. 6. [REMOVAL OF EQUIPMENT FROM INVENTORY.] Authorized 82.33 employees of theboarddivision, thedivision ofgambling 82.34 enforcementof the department of public safetydivision, and the 82.35 commissioner of revenue may remove gambling equipment from the 82.36 inventories of distributors and organizations and test that 83.1 equipment to determine its compliance with all applicable laws 83.2 and rules. A distributor or organization may return to the 83.3 manufacturer thereof any gambling equipment which is determined 83.4 to be in violation of law or rule. The cost to an organization 83.5 of gambling equipment removed from inventory under this 83.6 paragraph and found to be in compliance with all applicable law 83.7 and rules is an allowable expense under section 349.15. 83.8 Sec. 43. Minnesota Statutes 1994, section 349.163, 83.9 subdivision 6, is amended to read: 83.10 Subd. 6. [SAMPLES OF GAMBLING EQUIPMENT.] Theboard83.11 commissioner shall require each licensed manufacturer to submit 83.12 to theboardcommissioner one or more samples of each item of 83.13 gambling equipment the manufacturer manufactures for use or 83.14 resale in this state. Theboardcommissioner shall inspect and 83.15 test all the equipment it deems necessary to determine the 83.16 equipment's compliance with law and board rules. Samples 83.17 required under this subdivision must be approved by theboard83.18 commissioner before the equipment being sampled is shipped into 83.19 or sold for use or resale in this state. Theboardcommissioner 83.20 may request the assistance of thecommissioner of public safety83.21and thedirector of the state lotteryboardin performing the 83.22 tests. 83.23 Sec. 44. Minnesota Statutes 1994, section 349.165, 83.24 subdivision 2, is amended to read: 83.25 Subd. 2. [CONTENTS OF APPLICATION.] An application for a 83.26 premises permit must contain: 83.27 (1) the name and address of the applying organization and 83.28 of the organization's gambling manager; 83.29 (2) a description of the site for which the permit is 83.30 sought, including its address and, where applicable, its 83.31 placement within another premises or establishment; 83.32 (3) if the site is leased, the name and address of the 83.33 lessor and information about the lease the board requires, 83.34 including all rents and other charges for the use of the site; 83.35 and 83.36 (4) other information theboardcommissioner deems 84.1 necessary to carry outitsthe purposes of this chapter. 84.2 An organization holding a premises permit must notify the 84.3boardcommissioner in writing within ten days whenever any 84.4 material change is made in the above information. 84.5 Sec. 45. Minnesota Statutes 1994, section 349.18, 84.6 subdivision 1, is amended to read: 84.7 Subdivision 1. [LEASE OR OWNERSHIP REQUIRED.] (a) An 84.8 organization may conduct lawful gambling only on premises it 84.9 owns or leases. Leases must be on a form prescribed by the 84.10boardcommissioner. Except for leases entered into before the 84.11 effective date of this section, the term of the lease may not 84.12 begin before the effective date of the premises permit and must 84.13 expire on the same day that the premises permit expires. Copies 84.14 of all leases must be made available to employees of theboard84.15 division and thedivision ofgambling enforcement division on 84.16 request. A lease may not provide for payments determined 84.17 directly or indirectly by the receipts or profits from lawful 84.18 gambling. Theboardcommissioner may prescribe by rule limits 84.19 on the amount of rent which an organization may pay to a lessor 84.20 for premises leased for lawful gambling provided that no rule of 84.21 theboardcommissioner may prescribe a limit of less than $1,000 84.22 per month on rent paid for premises used for lawful gambling 84.23 other than bingo. Any rule adopted by theboardcommissioner 84.24 limiting the amount of rent to be paid may only be effective for 84.25 leases entered into, or renewed, after the effective date of the 84.26 rule. 84.27 (b) No person, distributor, manufacturer, lessor, or 84.28 organization other than the licensed organization leasing the 84.29 space may conduct any activity on the leased premises during 84.30 times when lawful gambling is being conducted on the premises. 84.31 (c) At a site where the leased premises consists of an area 84.32 on or behind a bar at which alcoholic beverages are sold and 84.33 employees of the lessor are employed by the organization as 84.34 pull-tab sellers at the site, pull-tabs and tipboard tickets may 84.35 be sold and redeemed by those employees at any place on or 84.36 behind the bar, but the tipboards and receptacles for pull-tabs 85.1 and cash drawers for lawful gambling receipts must be maintained 85.2 only within the leased premises. 85.3 (d) Employees of a lessor may participate in lawful 85.4 gambling on the premises provided (1) if pull-tabs or tipboards 85.5 are sold, the organization voluntarily posts, or is required to 85.6 post, the major prizes as specified in section 349.172; and (2) 85.7 any employee of the lessor participating in lawful gambling is 85.8 not a gambling employee for the organization conducting lawful 85.9 gambling on the premises. 85.10 Sec. 46. Minnesota Statutes 1994, section 349.19, 85.11 subdivision 6, is amended to read: 85.12 Subd. 6. [PRESERVATION OF RECORDS.] Records required to be 85.13 kept by this section must be preserved by a licensed 85.14 organization for at least 3-1/2 years and may be inspected by 85.15 the commissioner of revenue, the board,or the commissionerof85.16public safetyat any reasonable time without notice or a search 85.17 warrant. 85.18 Sec. 47. Minnesota Statutes 1994, section 349A.01, is 85.19 amended by adding a subdivision to read: 85.20 Subd. 2a. [COMMISSIONER.] "Commissioner" is the 85.21 commissioner of the department of gambling. 85.22 Sec. 48. Minnesota Statutes 1994, section 349A.02, 85.23 subdivision 1, is amended to read: 85.24 Subdivision 1. [DIRECTOR.] A state lottery is established 85.25 under the supervision and control of the director of the state 85.26 lottery appointed by the governor with the advice and consent of 85.27 the senate.The governor shall appoint the director from a list85.28of at least three persons recommended to the governor by the85.29board.The director must be qualified by experience and 85.30 training to supervise the lottery. The director serves in the 85.31 unclassified service. The annual salary rate authorized for the 85.32 director is equal to 80 percent of the salary rate prescribed 85.33 for the governor as of the effective date of Laws 1993, chapter 85.34 146. 85.35 Sec. 49. Minnesota Statutes 1994, section 349A.02, 85.36 subdivision 8, is amended to read: 86.1 Subd. 8. [ATTORNEY GENERAL.] The attorney general is the 86.2 attorney for theboardcommissioner. 86.3 Sec. 50. Minnesota Statutes 1994, section 349A.03, 86.4 subdivision 2, is amended to read: 86.5 Subd. 2. [BOARDCOMMISSIONER DUTIES.] Theboard86.6 commissioner has the following duties: 86.7 (1) to advise the director on all aspects of the lottery; 86.8 (2) to review and comment on rules and game procedures 86.9 adopted by the director; 86.10 (3) review and comment on lottery procurement contracts; 86.11 (4) review and comment on agreements between the director 86.12 and one or more other lotteries relating to a joint lottery; and 86.13 (5) to review and comment on advertising promulgated by the 86.14 director at least quarterly to ensure that all advertising is 86.15 consistent with the dignity of the state and with section 86.16 349A.09. 86.17 Sec. 51. Minnesota Statutes 1994, section 349A.04, is 86.18 amended to read: 86.19 349A.04 [LOTTERY GAME PROCEDURES.] 86.20 The director may adopt game procedures governing the 86.21 following elements of the lottery: 86.22 (1) lottery games; 86.23 (2) ticket prices; 86.24 (3) number and size of prizes; 86.25 (4) methods of selecting winning tickets; and 86.26 (5) frequency and method of drawings. 86.27 The adoption of lottery game procedures is not subject to 86.28 chapter 14. Before adopting a lottery game procedure, the 86.29 director shall submit the procedure to theboardcommissioner 86.30 foritsreview and comment. 86.31 Sec. 52. Minnesota Statutes 1994, section 349A.05, is 86.32 amended to read: 86.33 349A.05 [RULES.] 86.34 The director may adopt rules, including emergency rules, 86.35 under chapter 14 governing the following elements of the lottery: 86.36 (1) the number and types of lottery retailers' locations; 87.1 (2) qualifications of lottery retailers and application 87.2 procedures for lottery retailer contracts; 87.3 (3) investigation of lottery retailer applicants; 87.4 (4) appeal procedures for denial, suspension, or 87.5 cancellation of lottery retailer contracts; 87.6 (5) compensation of lottery retailers; 87.7 (6) accounting for and deposit of lottery revenues by 87.8 lottery retailers; 87.9 (7) procedures for issuing lottery procurement contracts 87.10 and for the investigation of bidders on those contracts; 87.11 (8) payment of prizes; 87.12 (9) procedures needed to ensure the integrity and security 87.13 of the lottery; and 87.14 (10) other rules the director considers necessary for the 87.15 efficient operation and administration of the lottery. 87.16 Before adopting a rule the director shall submit the rule 87.17 to theboardcommissioner foritsreview and comment. 87.18 Sec. 53. Minnesota Statutes 1994, section 349A.06, 87.19 subdivision 2, is amended to read: 87.20 Subd. 2. [QUALIFICATIONS.] (a) The director may not 87.21 contract with a retailer who: 87.22 (1) is under the age of 18; 87.23 (2) is in business solely as a seller of lottery tickets; 87.24 (3) owes $500 or more in delinquent taxes as defined in 87.25 section 270.72; 87.26 (4) has been convicted within the previous five years of a 87.27 felony or gross misdemeanor, any crime involving fraud or 87.28 misrepresentation, or a gambling-related offense; 87.29 (5) is a member of the immediate family, residing in the 87.30 same household, as the director, board member,or any employee 87.31 of the lottery; 87.32 (6) in the director's judgment does not have the financial 87.33 stability or responsibility to act as a lottery retailer, or 87.34 whose contracting as a lottery retailer would adversely affect 87.35 the public health, welfare, and safety, or endanger the security 87.36 and integrity of the lottery; or 88.1 (7) is a currency exchange, as defined in section 53A.01. 88.2 A contract entered into before August 1, 1990, which 88.3 violates clause (7) may continue in effect until its expiration 88.4 but may not be renewed. 88.5 (b) An organization, firm, partnership, or corporation that 88.6 has a stockholder who owns more than five percent of the 88.7 business or the stock of the corporation, an officer, or 88.8 director, that does not meet the requirements of paragraph (a), 88.9 clause (4), is not eligible to be a lottery retailer under this 88.10 section. 88.11 (c) The restrictions under paragraph (a), clause (4), do 88.12 not apply to an organization, partnership, or corporation if the 88.13 director determines that the organization, partnership, or firm 88.14 has terminated its relationship with the individual whose 88.15 actions directly contributed to the disqualification under this 88.16 subdivision. 88.17 Sec. 54. Minnesota Statutes 1994, section 349A.08, 88.18 subdivision 7, is amended to read: 88.19 Subd. 7. [PAYMENTS PROHIBITED.] (a) No prize may be paid 88.20 toa member of the boardthe commissioner, the director or an 88.21 employee of the lottery, or a member of their families residing 88.22 in the same household of themembercommissioner, director, or 88.23 employee. No prize may be paid to an officer or employee of a 88.24 vendor which at the time the game or drawing was being conducted 88.25 was involved with providing goods or services to the lottery 88.26 under a lottery procurement contract. 88.27 (b) No prize may be paid for a stolen, altered, or 88.28 fraudulent ticket. 88.29 Sec. 55. Minnesota Statutes 1994, section 349A.11, is 88.30 amended to read: 88.31 349A.11 [CONFLICT OF INTEREST.] 88.32 (a) The director,a board memberthe commissioner, an 88.33 employee of the lottery, a member of the immediate family of the 88.34 director,board membercommissioner, or employee residing in the 88.35 same household may not: 88.36 (1) purchase a lottery ticket; 89.1 (2) have any personal pecuniary interest in any vendor 89.2 holding a lottery procurement contract, or in any lottery 89.3 retailer; or 89.4 (3) receive any gift, gratuity, or other thing of value, 89.5 excluding food or beverage, from any lottery vendor or lottery 89.6 retailer, or person applying to be a retailer or vendor, in 89.7 excess of $100 in any calendar year. 89.8 (b) A violation of paragraph (a), clause (1), is a 89.9 misdemeanor. A violation of paragraph (a), clause (2), is a 89.10 gross misdemeanor. A violation of paragraph (a), clause (3), is 89.11 a misdemeanor unless the gift, gratuity, or other item of value 89.12 received has a value in excess of $500, in which case a 89.13 violation is a gross misdemeanor. 89.14 (c) The director or an unclassified employee of the lottery 89.15 may not, within one year of terminating employment with the 89.16 lottery, accept employment with, act as an agent or attorney 89.17 for, or otherwise represent any person, corporation, or entity 89.18 that had any lottery procurement contract or bid for a lottery 89.19 procurement contract with the lottery within a period of two 89.20 years prior to the termination of their employment. A violation 89.21 of this paragraph is a misdemeanor. 89.22 Sec. 56. Minnesota Statutes 1994, section 349A.12, 89.23 subdivision 4, is amended to read: 89.24 Subd. 4. [LOTTERY RETAILERS AND VENDORS.] A person who is 89.25 a lottery retailer, or is applying to be a lottery retailer, a 89.26 person applying for a contract with the director, or a person 89.27 under contract with the director to supply goods or services to 89.28 lottery may not pay, give, or make any economic opportunity, 89.29 gift, loan, gratuity, special discount, favor, hospitality, or 89.30 service, excluding food or beverage, having an aggregate value 89.31 of over $100 in any calendar year to the director,board member89.32 commissioner, employee of the lottery, or to a member of the 89.33 immediate family residing in the same household as that person. 89.34 Sec. 57. [DIVISION DIRECTORS.] 89.35 The directors of the Minnesota racing commission, gambling 89.36 control board, and division of gambling enforcement of the 90.1 department of public safety on the effective date of this 90.2 article continue in the positions of directors of those 90.3 divisions in the department of gambling in the classified 90.4 service. 90.5 Sec. 58. [REVISOR INSTRUCTION.] 90.6 (a) The revisor of statutes shall make the following 90.7 changes in Minnesota Statutes, as well as similar changes 90.8 elsewhere in Minnesota Statutes and Minnesota Rules to conform 90.9 to the legislative intent as expressed in this article: 90.10 (1) "commission," "commission's," or similar terms in 90.11 Minnesota Statutes, sections 240.05, subdivisions 1 and 3; 90.12 240.06, subdivisions 1, 2, and 4 to 6; and 240.18, when 90.13 referring to the Minnesota racing commission to "commissioner," 90.14 "commissioner's," or similar terms; 90.15 (2) "board," "board's," or similar terms in Minnesota 90.16 Statutes, sections 349.12, subdivision 3; and 349.163, 90.17 subdivision 4, when referring to the gambling control board to 90.18 "division," "division's," or similar terms; and 90.19 (3) "board," "board's," or similar terms when referring to 90.20 the gambling control board to "commissioner," "commissioner's," 90.21 or similar terms in sections 349.12, subdivisions 3a, 4, and 25; 90.22 349.15, subdivisions 2, 4, 4a, 4b, 5, 7, and 9 to 13; 349.152, 90.23 subdivisions 2 and 3; 349.154; 349.155, subdivisions 1, 2, 3, 90.24 and 5 to 8; 349.16; 349.161, subdivisions 2 and 8; 349.162, 90.25 subdivisions 1 and 5; 349.163, subdivisions 1, 5, 6a, and 7; 90.26 349.164, subdivision 2; 349.1641; 349.165, subdivisions 1 and 3; 90.27 349.166; 349.167; 349.168; 349.169; 349.17; 349.172; 349.18, 90.28 subdivisions 1a and 2; 349.19, subdivisions 1 to 5 and 7 to 11; 90.29 349.191; and 349.211, subdivision 3. 90.30 (b) The revisor of statutes shall recodify Minnesota 90.31 Statutes, chapters 240 and 299L and Minnesota Statutes, sections 90.32 349.11 to 349.23 as part of Minnesota Statutes, chapter 349B. 90.33 Sec. 59. [REPEALER.] 90.34 Minnesota Statutes 1994, sections 240.01, subdivision 4; 90.35 349.12, subdivision 6; 349.152, subdivision 4; and 349A.01, 90.36 subdivision 2, are repealed. 91.1 Sec. 60. [EFFECTIVE DATE.] 91.2 This article is effective July 1, 1995. 91.3 ARTICLE 6 91.4 PUBLIC SERVICE ABOLISHED 91.5 Section 1. [DEPARTMENT OF PUBLIC SERVICE ABOLISHED; 91.6 RESPONSIBILITIES TRANSFERRED.] 91.7 Subdivision 1. [DEPARTMENT ABOLISHED; RESPONSIBILITIES 91.8 TRANSFERRED.] The department of public service is abolished. 91.9 The responsibilities held by the department are transferred to a 91.10 receiving agency as designated in this article. Except as 91.11 otherwise provided by this article, the responsibilities of the 91.12 department must be transferred under Minnesota Statutes, section 91.13 15.039. For the purposes of this article, "responsibilities" 91.14 means the powers, duties, rights, obligations, rules, court 91.15 actions, contracts, records, property of every description, 91.16 unexpended funds, personnel, and authority imposed by law of the 91.17 department of public service. For the purposes of this article, 91.18 "receiving agency" has the meaning given it in Minnesota 91.19 Statutes, section 15.039, subdivision 1. 91.20 Subd. 2. [SPECIFIC POSITIONS ABOLISHED.] The following 91.21 positions in the department of public service are not 91.22 transferred to a receiving agency and are specifically abolished: 91.23 (1) commissioner; 91.24 (2) deputy commissioner; 91.25 (3) assistant commissioner; and 91.26 (4) executive assistant. 91.27 Subd. 3. [ATTORNEY GENERAL.] The responsibility for 91.28 intervention as a party in all public utility and 91.29 telecommunications matters before the public utilities 91.30 commission is transferred to the utility consumers division of 91.31 the attorney general's office. 91.32 Subd. 4. [PUBLIC UTILITIES COMMISSION.] (a) The following 91.33 responsibilities are transferred to the public utilities 91.34 commission: 91.35 (1) the intervention office that represents the interests 91.36 of Minnesota residents, businesses, and governments before 92.1 bodies and agencies outside the state that make, interpret, or 92.2 implement national and international energy policy; 92.3 (2) enforcement of Minnesota Statutes, chapters 216A, 216B, 92.4 216C, and 237 and orders of the public utilities commission 92.5 under those chapters; 92.6 (3) conservation improvement; and 92.7 (4) all other responsibilities related to energy 92.8 production, transportation, transmission, consumption, 92.9 conservation, and efficiency. 92.10 (b) The positions and personnel of the department of public 92.11 service related to the responsibilities listed in paragraph (a) 92.12 are transferred to the public utilities commission. 92.13 Subd. 5. [DEPARTMENT OF AGRICULTURE.] The division of 92.14 weights and measures is transferred to the department of 92.15 agriculture. 92.16 Subd. 6. [RULES.] All rules adopted by the department of 92.17 public service before the effective date of this article become 92.18 rules of the agency to which the appropriate rulemaking 92.19 authority is transferred by this article. 92.20 ARTICLE 7 92.21 CONFORMING AMENDMENTS 92.22 Section 1. Minnesota Statutes 1994, section 8.33, is 92.23 amended to read: 92.24 8.33 [REPRESENTATION OF CONSUMER AND SMALL BUSINESS 92.25 INTEREST IN PUBLIC UTILITY MATTERS.] 92.26 Subdivision 1. [DEFINITIONS.] For the purposes of this 92.27 section, the following terms have the meanings given them: 92.28 (1) "Public utility" means a publicly or privately owned 92.29 entity engaged in supplying utility services to residential 92.30 utility consumers in this state or to another public utility for 92.31 ultimate distribution to residential utility consumers in this 92.32 state and whose rates or charges are subject to approval by the 92.33 public utilities commission or an agency of the federal 92.34 government. No municipal or cooperative utility shall be 92.35 considered a "public utility" for the purposes of this clause. 92.36 (2) "Residential and small businessUtility consumer" or 93.1 "consumer" means a personor small business, firm, association, 93.2 partnership, or corporation that uses utility services atthe93.3person'sa residence or business location in this state and who 93.4 is billed by or pays a public utility for these services. 93.5 (3) "Small business" has the meaning given it in section 93.6 645.445. 93.7(3)(4) "Utility services" means electricity, natural gas, 93.8 or telephone services distributed to residential utility 93.9 consumers by a public utility. 93.10 A utility consumers division is established in the office 93.11 of the attorney general to carry out the duties assigned to the 93.12 attorney general under this section. 93.13 Subd. 2. [DIVISION ESTABLISHED; DUTIES.] (a) A utility 93.14 consumers division is established in the office of the attorney 93.15 general to carry out the duties assigned to the attorney general 93.16 under this section. 93.17 (b) The attorney general is responsible for representing 93.18 and furthering the interests ofresidential and small business93.19 utility consumers, other than utility consumers who represent 93.20 their own interests, through participation in matters before the 93.21 public utilities commission involving utility rates and adequacy 93.22 of utility services toresidential or small businessutility 93.23 consumers. The attorney general shall expend a reasonable 93.24 portion of effort among all three kinds of utility services and 93.25 shall identify and promote the needs of each class 93.26 ofresidential and small businessconsumers with respect to each 93.27 of the utility services. 93.28 Subd. 3. [RIGHT OF INTERVENTION.] Subject to the 93.29 limitations of subdivision 2, the attorney general may intervene 93.30 as of right or participate as an interested party in matters 93.31 pending before the public utilities commission which affect the 93.32 distribution by a public utility of utility services to 93.33residential or small businessutility consumers. When 93.34 intervening in gas or electric hearings, the attorney general 93.35 shall prepare and defend testimony designed to encourage energy 93.36 conservation improvements as defined in section 216B.241. The 94.1 right of the attorney general to participate or intervene does 94.2 not affect the obligation of the public utilities commission to 94.3 protect the public interest. 94.4 Subd. 4. [NOTICE; PROCEDURES.] The public utilities 94.5 commission shall give reasonable notice to the attorney general 94.6 of any matter scheduled to come before the commission affecting 94.7 a public utility's rates or adequacy of services toresidential94.8or small businessutility consumers. Rules of the commission 94.9 governing procedures before the commission apply to the attorney 94.10 general and the attorney general's employees or 94.11 representatives. The attorney general has the same rights and 94.12 privileges accorded other intervenors or participants in matters 94.13 pending before the commission. 94.14 Subd. 5. [APPEALS.] The attorney general has an interest 94.15 sufficient to maintain, intervene as of right in, or otherwise 94.16 participate in any civil action in the courts of this state for 94.17 the review or enforcement of any public utilities commission 94.18 action which affects a public utility's rates or adequacy of 94.19 service toresidential or small businessutility consumers. 94.20 Subd. 6. [INTERVENTION IN FEDERAL PROCEEDINGS.] The 94.21 attorney general and the public utilities commission shall 94.22 jointly represent and further the interests ofresidential and94.23small businessutility consumers through participation as an 94.24 intervenor or interested party in federal proceedings relating 94.25 to the regulation of: (a) wholesale rates for energy delivered 94.26 through interstate facilities; or (b) fuel used in generation of 94.27 electricity or the manufacture of gas. The attorney general may 94.28 maintain, intervene in, or otherwise participate in civil 94.29 actions relating to the federal proceedings. 94.30 Subd. 7. [ADDITIONAL POWERS.] The power granted by this 94.31 section is in addition to powers otherwise provided by law to 94.32 the attorney general. 94.33 Sec. 2. Minnesota Statutes 1994, section 15.01, is amended 94.34 to read: 94.35 15.01 [DEPARTMENTS OF THE STATE.] 94.36 The following agencies are designated as the departments of 95.1 the state government: the department of administration; the 95.2 department of agriculture; the department of commerce; the 95.3 department of corrections; the department of education; the 95.4 department of economic security; the department of trade and 95.5 economic development; the department of finance; the department 95.6 of health; the department of human rights; the department of 95.7 labor and industry; the department of military affairs; the 95.8 department of natural resources; the department of employee 95.9 relations; the department of public safety;the department of95.10public service;the department of human services; the department 95.11 of revenue; the department of transportation; the department of 95.12 veterans affairs; and their successor departments. 95.13 Sec. 3. Minnesota Statutes 1994, section 116C.03, 95.14 subdivision 2, is amended to read: 95.15 Subd. 2. [MEMBERSHIP.] The members of the board are the 95.16 director of the office of strategic and long-range planning, the 95.17commissioner of public servicedirector of the division of 95.18 energy in the public utilities commission, the commissioner of 95.19 the pollution control agency, the commissioner of natural 95.20 resources, the director of the office of environmental 95.21 assistance, the commissioner of agriculture, the commissioner of 95.22 health, the commissioner of transportation, the chair of the 95.23 board of water and soil resources, and a representative of the 95.24 governor's office designated by the governor. The governor 95.25 shall appoint five members from the general public to the board, 95.26 subject to the advice and consent of the senate. At least two 95.27 of the five public members must have knowledge of and be 95.28 conversant in water management issues in the state. 95.29 Notwithstanding the provisions of section 15.06, subdivision 6, 95.30 members of the board may not delegate their powers and 95.31 responsibilities as board members to any other person. 95.32 Sec. 4. Minnesota Statutes 1994, section 216A.01, is 95.33 amended to read: 95.34 216A.01 [ESTABLISHMENT OF DEPARTMENT AND COMMISSION.] 95.35 Thereareis hereby created and established thedepartment95.36of public service, and thepublic utilities commission. The 96.1department of public serviceutility consumers division of the 96.2 attorney general's office shall have and possess all of the 96.3 rights and powers and perform all of the duties vested in it by 96.4 this chapter. The public utilities commission shall have and 96.5 possess all of the rights and powers and perform all of the 96.6 duties vested in it by this chapter, and those formerly vested 96.7 by law in the railroad and warehouse commission. 96.8 Sec. 5. Minnesota Statutes 1994, section 216A.035, is 96.9 amended to read: 96.10 216A.035 [CONFLICT OF INTEREST.] 96.11 (a) No person, while a member of the public utilities 96.12 commission, while acting as executivesecretarydirector of the 96.13 commission, or while employed in a professional capacity by the 96.14 commission, shall receive any income, other than dividends or 96.15 other earnings from a mutual fund or trust if these earnings do 96.16 not constitute a significant portion of the person's income, 96.17 directly or indirectly from any public utility or other 96.18 organization subject to regulation by the commission. 96.19 (b) No person is eligible to be appointed as a member of 96.20 the commission if the person has been employed with an entity, 96.21 or an affiliated company of an entity, that is subject to rate 96.22 regulation by the commission within one year from the date when 96.23 the person's term on the commission will begin. 96.24 (c) No person who is an employee of thepublic service96.25departmentutility consumers division of the attorney general's 96.26 office shall participate in any manner in any decision or action 96.27 of the commission where that person has a direct or indirect 96.28 financial interest. Each commissioner or employee of thepublic96.29service departmentutility consumers division who is in the 96.30 general professional, supervisory, or technical units 96.31 established in section 179A.10 or who is a professional, 96.32 supervisory, or technical employee defined as confidential in 96.33 section 179A.03, subdivision 4, or who is a management 96.34 classification employee and whose duties are related to public 96.35 utilities or transportation regulation shall report to the 96.36 ethical practices board annually before April 15 any interest in 97.1 an industry or business regulated by the commission. Each 97.2 commissioner shall file a statement of economic interest as 97.3 required by section 10A.09 with the ethical practices board and 97.4 the public utilities commission before taking office. The 97.5 statement of economic interest must state any interest that the 97.6 commissioner has in an industry or business regulated by the 97.7 commission. 97.8 (d) A professional employee of the commission or department 97.9 must immediately disclose to the commission or to the 97.10 commissioner of the department, respectively, any communication, 97.11 direct or indirect, with a person who is a party to a pending 97.12 proceeding before the commission regarding future benefits, 97.13 compensation, or employment to be received from that person. 97.14 Sec. 6. Minnesota Statutes 1994, section 216A.036, is 97.15 amended to read: 97.16 216A.036 [EMPLOYMENT RESTRICTIONS.] 97.17 (a) A person who serves as(1)acommissionermember of the 97.18 public utilities commission, (2) commissioner of the department97.19of public service, or (3) deputy commissioner of the department,97.20 shall not, while employed with or within one year after leaving 97.21 the commission,or department,accept employment with, receive 97.22 compensation directly or indirectly from, or enter into a 97.23 contractual relationship with an entity, or an affiliated 97.24 company of an entity, that is subject to rate regulation by the 97.25 commission. 97.26 (b) An entity or an affiliated company of an entity that is 97.27 subject to rate regulation by the commission, or a person acting 97.28 on behalf of the entity, shall not negotiate or offer to employ 97.29 or compensate a commissioner of the public utilities commission,97.30the commissioner of public service, or the deputy commissioner,97.31 while the person isso employeda member of the commission or 97.32 within one year after the person leavesthat employmentthe 97.33 commission. 97.34 (c) For the purposes of this section, "affiliated company" 97.35 means a company that controls, is controlled by, or is under 97.36 common control with an entity subject to rate regulation by the 98.1 commission. 98.2 (d) A person who violates this section is subject to a 98.3 civil penalty not to exceed $10,000 for each violation. The 98.4 attorney general may bring an action in district court to 98.5 collect the penalties provided in this section. 98.6 Sec. 7. Minnesota Statutes 1994, section 216A.04, is 98.7 amended to read: 98.8 216A.04 [EXECUTIVESECRETARYDIRECTOR; EMPLOYEES.] 98.9 Subdivision 1. [SELECTION OF EXECUTIVESECRETARY98.10 DIRECTOR.] The commission shall appoint an executivesecretary98.11 director, not a member, who shall be in the unclassified service 98.12 of the state and shall serve at the pleasure of the commission. 98.13 The executivesecretarydirector shall take, subscribe and file 98.14 an oath similar to that required of the commissioners, and shall 98.15 be subject to the same disqualifications as commissioners. 98.16 Subd. 1a. [POWERS AND DUTIES OF EXECUTIVESECRETARY98.17 DIRECTOR.] The executivesecretarydirector shall: 98.18 (1) cause to be kept full and correct records of all 98.19 transactions and proceedings of the commission; 98.20 (2) appoint, subject to chapter 43A and the approval of the 98.21 commission, the director of the energy division and all other 98.22 classified employees of the commission and supervise and direct 98.23 their activities; 98.24 (3) have custody of the seal of the commission; 98.25 (4) serve as the administrative officer of the commission 98.26 with responsibility for personnel, budget and other 98.27 administrative details related to the work of the commission or 98.28 as required by state law; 98.29 (5) prepare orders, reports, and other materials as 98.30 assigned by the commission and recommend to the commission such 98.31 measures as may be appropriate to achieve the objectives of the 98.32 commission; 98.33 (6) advise the commission of its financial position and 98.34 recommend a budget for its approval; and 98.35 (7) perform other duties as the commission directs. 98.36 Subd. 2. [ACTINGSECRETARYEXECUTIVE DIRECTOR.] The 99.1 commission may designate any responsible employee to serve as 99.2 actingsecretarydirector in the absence of thesecretary99.3 director. 99.4 Subd. 3. [OFFICERS AND EMPLOYEES.] The commission may 99.5 establish other positions in the unclassified service if the 99.6 positions meet the criteria of section 43A.08, subdivision 1a, 99.7 clauses (a) to (g). The commission may employ other persons as 99.8 may be necessary to carry out its functions. 99.9 Hearing reporters may provide transcripts of proceedings 99.10 before the commission to persons requesting transcripts who pay 99.11 a reasonable charge therefor to the reporter. The amount of the 99.12 charge shall be fixed by the commission and retained by the 99.13 reporter, any other law to the contrary notwithstanding. 99.14 Sec. 8. Minnesota Statutes 1994, section 216A.05, is 99.15 amended by adding a subdivision to read: 99.16 Subd. 1a. [ADMINISTRATIVE FUNCTIONS.] The commission shall 99.17 delegate to the executive director, to the greatest extent 99.18 practicable, performance of any administrative functions 99.19 assigned to the commission by the legislature. 99.20 Sec. 9. Minnesota Statutes 1994, section 216A.07, is 99.21 amended to read: 99.22 216A.07 [COMMISSIONEREXECUTIVE DIRECTOR; POWERS AND 99.23 DUTIES.] 99.24 Subdivision 1. [ADMINISTRATIVE DUTIES.] Thecommissioner99.25shall be the executive and administrative head of the public99.26service department and shall have and possessexecutive director 99.27 of the commission has and possesses all the rights and powers 99.28 and shall perform all the duties relating to the 99.29 administrativefunction of the department asfunctions set forth 99.30 in this chapter and chapters 216B and 237. Thecommissioner99.31 executive director may: 99.32 (1) prepare all forms or blanks for the purpose of 99.33 obtaining information which the commissioner may deem necessary 99.34 or useful in the proper exercise of the authority and duties of 99.35 the commissioner in connection with regulated businesses; 99.36 (2) prescribe the time and manner within which forms or