HF 1467

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; creating the 
  1.3             Legislative Council on Minnesota Resources; 
  1.4             eliminating the Legislative Commission on Minnesota 
  1.5             Resources; providing for disposition of certain 
  1.6             revenues; appropriating money; amending Minnesota 
  1.7             Statutes 2004, sections 116P.02, by adding a 
  1.8             subdivision; 116P.03; 116P.04, subdivision 5; 116P.05, 
  1.9             subdivision 1; 116P.07; 116P.08, subdivisions 3, 5, 6, 
  1.10            7, by adding subdivisions; 116P.09; 116P.10; 116P.11; 
  1.11            116P.12, subdivision 2; 116P.15, subdivision 2; 
  1.12            repealing Minnesota Statutes 2004, sections 116P.02, 
  1.13            subdivision 2; 116P.05; 116P.06. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 2004, section 116P.02, is 
  1.16  amended by adding a subdivision to read: 
  1.17     Subd. 4a.  [COUNCIL.] "Council" means the Legislative 
  1.18  Council on Minnesota Resources. 
  1.19     Sec. 2.  Minnesota Statutes 2004, section 116P.03, is 
  1.20  amended to read: 
  1.21     116P.03 [TRUST FUND NOT TO SUPPLANT EXISTING FUNDING.] 
  1.22     (a) The trust fund may not be used as a substitute for 
  1.23  traditional sources of funding environmental and natural 
  1.24  resources activities, but the trust fund shall supplement the 
  1.25  traditional sources, including those sources used to support the 
  1.26  criteria in section 116P.08, subdivision 1 1a.  The trust fund 
  1.27  must be used primarily to support activities whose benefits 
  1.28  become available only over an extended period of time. 
  1.29     (b) The commission must determine the amount of the state 
  2.1   budget spent from traditional sources to fund environmental and 
  2.2   natural resources activities before and after the trust fund is 
  2.3   established and include a comparison of the amount in the report 
  2.4   under section 116P.09, subdivision 7. 
  2.5      Sec. 3.  Minnesota Statutes 2004, section 116P.04, 
  2.6   subdivision 5, is amended to read: 
  2.7      Subd. 5.  [AUDITS REQUIRED.] The legislative auditor shall 
  2.8   audit trust fund expenditures to ensure that the money is spent 
  2.9   for the purposes provided in the commission's budget plan the 
  2.10  Minnesota Constitution, article XI, section 14, and the 
  2.11  council's strategic plan developed under section 116P.08.  In 
  2.12  addition, the legislative auditor shall audit the books and 
  2.13  records of the council on an annual basis under sections 3.971 
  2.14  and 3.972, subject to the resources of the legislative auditor, 
  2.15  to ensure that the expenditures and operations of the council 
  2.16  are consistent with the requirements of this chapter.  The 
  2.17  legislative auditor may recoup the expenses for audits under 
  2.18  this subdivision from amounts available to the council under 
  2.19  section 116P.061, subdivision 6. 
  2.20     Sec. 4.  Minnesota Statutes 2004, section 116P.05, 
  2.21  subdivision 1, is amended to read: 
  2.22     Subdivision 1.  [MEMBERSHIP.] (a) A Legislative Commission 
  2.23  Council on Minnesota Resources of 20 members is created, 
  2.24  consisting of.  Legislative members consist of the chairs and 
  2.25  ranking minority members of the house and senate committees on 
  2.26  environment and natural resources policy or designees appointed 
  2.27  for the terms of the chairs and ranking minority members, the 
  2.28  chairs and ranking minority members of the house and senate 
  2.29  committees on environment and natural resources finance or 
  2.30  designees appointed for the terms of the chairs and ranking 
  2.31  minority members, the chairs and ranking minority members of the 
  2.32  house Ways and Means and Senate Finance Governmental Operations 
  2.33  Committees or designees appointed for the terms of the 
  2.34  chairs, seven members of the senate appointed by the 
  2.35  Subcommittee on Committees of the Committee on Rules and 
  2.36  Administration, and seven members of the house appointed by the 
  3.1   speaker and ranking minority members.  
  3.2      Eight citizen members shall be appointed by the governor 
  3.3   and confirmed with the advice and consent of the senate.  
  3.4      At least three members from the senate and three members 
  3.5   from the house must be from the minority caucus.  Members are 
  3.6   entitled to reimbursement for per diem expenses plus travel 
  3.7   expenses incurred in the services of the commission.  
  3.8      (b) Members shall appoint a chair from among the 
  3.9   legislative members who shall preside and convene meetings as 
  3.10  often as necessary to conduct duties prescribed by this chapter. 
  3.11     (c) Legislative members shall serve on the commission until 
  3.12  their successors are appointed.  Citizen members shall serve for 
  3.13  staggered terms of six years until their successors have been 
  3.14  appointed.  Not more than four citizen members shall belong to 
  3.15  the same political party.  The governor shall select one citizen 
  3.16  member from each congressional district.  To be eligible for 
  3.17  appointment as a citizen member of the council, a prospective 
  3.18  citizen member must:  (1) demonstrate expertise and experience 
  3.19  in the science, policy, or practice of the protection, 
  3.20  conservation, preservation, and enhancement of natural 
  3.21  resources; and (2) not be a paid employee of an organization 
  3.22  whose primary mission is the protection, conservation, 
  3.23  preservation, and enhancement of natural resources.  The terms, 
  3.24  compensation, removal of members, and filling of vacancies for 
  3.25  the council's citizen members shall be as provided in section 
  3.26  15.0575.  A citizen member may be removed from the council upon 
  3.27  a super majority of 12 votes in favor of the removal of that 
  3.28  member.  
  3.29     (d) Vacancies occurring on the commission shall not affect 
  3.30  the authority of the remaining members of the commission to 
  3.31  carry out their duties, and vacancies shall be filled in the 
  3.32  same manner under paragraph (a). 
  3.33     (e) The council may choose legislators and citizens with 
  3.34  interest and expertise to assist them in the development of 
  3.35  expenditure decisions from the trust fund. 
  3.36     Sec. 5.  Minnesota Statutes 2004, section 116P.07, is 
  4.1   amended to read: 
  4.2      116P.07 [INFORMATION GATHERING.] 
  4.3      Subdivision 1.  [PUBLIC FORUMS.] The commission council may 
  4.4   convene public forums or employ other methods to gather 
  4.5   information for establishing priorities for funding.  
  4.6      Subd. 2.  [TECHNICAL ADVISORY COMMITTEE.] The council shall 
  4.7   make use of available expertise from educational, research, and 
  4.8   technical organizations, and state and federal environmental 
  4.9   agencies, including the University of Minnesota and other higher 
  4.10  education institutions, to provide appropriate independent 
  4.11  expert advice on identifying natural resource priorities during 
  4.12  development of the strategic plan provided for in section 
  4.13  116P.08.  The technical advisory committee shall also review 
  4.14  funding proposals and advise the council on funding 
  4.15  recommendations.  The council shall appoint the technical 
  4.16  advisory committee and designate a chair.  Compensation of 
  4.17  advisory committee members is governed by section 15.059, 
  4.18  subdivision 3.  
  4.19     Subd. 3.  [STATE AGENCY LONG-TERM PRIORITIES.] State 
  4.20  agencies with environmental programs and responsibilities shall 
  4.21  submit long-term priorities based on agency plans to the 
  4.22  council.  The council may integrate agency long-term priorities 
  4.23  into the development of its strategic plan as provided for in 
  4.24  section 116P.08.  
  4.25     Subd. 4.  [PUBLIC PRIORITIES.] The council shall ask 
  4.26  conservation and environmental organizations to submit their 
  4.27  long-term priorities and plans to the council, which may be 
  4.28  integrated into the council's strategic plan as provided for in 
  4.29  section 116P.08.  
  4.30     Sec. 6.  Minnesota Statutes 2004, section 116P.08, is 
  4.31  amended by adding a subdivision to read: 
  4.32     Subd. 1a.  [EXPENDITURES.] (a) The amount appropriated from 
  4.33  the environment and natural resources trust fund may be spent 
  4.34  only for the public purpose of protection, conservation, 
  4.35  preservation, and enhancement of the state's air, water, land, 
  4.36  fish, wildlife, and other natural resources.  Expenditures 
  5.1   recommended by the council under this paragraph must be 
  5.2   consistent with article XI, section 14, of the Minnesota 
  5.3   Constitution and the strategic plan adopted under subdivision 3 
  5.4   and must demonstrate a direct benefit to the state's natural 
  5.5   resources. 
  5.6      (b) The council shall make recommendations for expenditure 
  5.7   of the amount biennially available from the trust fund for 
  5.8   appropriation under Minnesota Constitution, article XI, section 
  5.9   14.  Appropriations must be made by a bill enacted into law. 
  5.10     Sec. 7.  Minnesota Statutes 2004, section 116P.08, is 
  5.11  amended by adding a subdivision to read: 
  5.12     Subd. 1b.  [WORK PROGRAM; PROGRESS REPORTS.] It is a 
  5.13  condition of acceptance of the appropriations made from the 
  5.14  Minnesota environment and natural resources trust fund that the 
  5.15  agency or entity receiving the appropriation must submit a work 
  5.16  program and semiannual progress reports in the form determined 
  5.17  by the council.  None of the money provided may be spent unless 
  5.18  the council has approved the pertinent work program. 
  5.19     Sec. 8.  Minnesota Statutes 2004, section 116P.08, 
  5.20  subdivision 3, is amended to read: 
  5.21     Subd. 3.  [STRATEGIC PLAN REQUIRED.] (a) The commission 
  5.22  council shall adopt a strategic plan for making expenditures 
  5.23  from the trust fund, including identifying the priority areas 
  5.24  for funding for the next six ten years.  The strategic plan must 
  5.25  be updated every two years.  The plan is advisory only The 
  5.26  council shall make funding allocation recommendations on an 
  5.27  annual basis to the governor according to the strategic plan. 
  5.28     (b) The commission council shall submit the plan, as a 
  5.29  recommendation, to the house of representatives Ways and Means 
  5.30  and senate Finance Committees chairs of the house and senate 
  5.31  committees with jurisdiction over environment and natural 
  5.32  resources policy and finance by January 1 15 of each 
  5.33  odd-numbered year according to section 116P.09, subdivision 7. 
  5.34     (b) The commission may accept or modify the draft of the 
  5.35  strategic plan submitted to it by the advisory committee before 
  5.36  voting on the plan's adoption. 
  6.1      Sec. 9.  Minnesota Statutes 2004, section 116P.08, 
  6.2   subdivision 5, is amended to read: 
  6.3      Subd. 5.  [PUBLIC MEETINGS.] All advisory committee and 
  6.4   commission council meetings must be open to the public.  The 
  6.5   commission shall attempt to meet at least once in each of the 
  6.6   state's congressional districts during each biennium.  
  6.7      Sec. 10.  Minnesota Statutes 2004, section 116P.08, 
  6.8   subdivision 6, is amended to read: 
  6.9      Subd. 6.  [PEER REVIEW.] (a) Research proposals must 
  6.10  include a stated purpose, timeline, potential outcomes, and an 
  6.11  explanation of the need for the research.  All research 
  6.12  proposals must be reviewed by a peer review panel peer-reviewed 
  6.13  before receiving an appropriation.  Peer reviews shall be 
  6.14  considered by the council in evaluating a research project 
  6.15  proposal.  The council shall establish a peer review panel under 
  6.16  subdivision 7 to assist its work. 
  6.17     (b) In conducting research proposal reviews, the peer 
  6.18  review panel A peer review report on a proposed research 
  6.19  project, prepared for a research proposal review, shall: 
  6.20     (1) comment on the methodology proposed and whether it can 
  6.21  be expected to yield appropriate and useful information and 
  6.22  data; and 
  6.23     (2) comment on the need for the research and about similar 
  6.24  existing information available, if any; and 
  6.25     (3) report to the commission and advisory committee on 
  6.26  clauses (1) and (2). 
  6.27     (c) The peer review panel also must review completed 
  6.28  research proposals that have received an appropriation and 
  6.29  comment and report upon whether the project reached the intended 
  6.30  goals. 
  6.31     Sec. 11.  Minnesota Statutes 2004, section 116P.08, 
  6.32  subdivision 7, is amended to read: 
  6.33     Subd. 7.  [PEER REVIEW PANEL MEMBERSHIP.] (a) The peer 
  6.34  review panel must consist of at least five members who are 
  6.35  knowledgeable in general research methods in the areas of 
  6.36  environment and natural resources.  Not more than two members of 
  7.1   the panel may be employees of state agencies in Minnesota. 
  7.2      (b) The commission council shall select a chair every two 
  7.3   years who shall be responsible for convening meetings of the 
  7.4   panel as often as is necessary to fulfill its duties as 
  7.5   prescribed in this section.  Compensation of panel members is 
  7.6   governed by section 15.059, subdivision 3.  
  7.7      (c) The peer review panel must review completed research 
  7.8   proposals that have received an appropriation and comment and 
  7.9   report upon whether the project reached the intended goals. 
  7.10     Sec. 12.  Minnesota Statutes 2004, section 116P.09, is 
  7.11  amended to read: 
  7.12     116P.09 [ADMINISTRATION.] 
  7.13     Subdivision 1.  [ADMINISTRATIVE AUTHORITY.] The 
  7.14  commission council may appoint legal and other personnel and 
  7.15  consultants necessary to carry out functions and duties of 
  7.16  the commission council.  Permanent employees shall be in the 
  7.17  unclassified service.  In addition, the commission council may 
  7.18  request staff assistance and data from any other agency of state 
  7.19  government as needed for the execution of the responsibilities 
  7.20  of the commission and advisory committee council and an agency 
  7.21  must promptly furnish it. 
  7.22     Subd. 2.  [LIAISON OFFICERS.] The commission council shall 
  7.23  request each department or agency head of all state agencies 
  7.24  with a direct interest and responsibility in any phase of 
  7.25  environment and natural resources to appoint, and the latter 
  7.26  shall appoint for the agency, a liaison officer who shall work 
  7.27  closely with the commission council and its staff.  
  7.28     Subd. 3.  [APPRAISAL AND EVALUATION.] The commission 
  7.29  council shall obtain and appraise information available through 
  7.30  private organizations and groups, utilizing to the fullest 
  7.31  extent possible studies, data, and reports previously prepared 
  7.32  or currently in progress by public agencies, private 
  7.33  organizations, groups, and others, concerning future trends in 
  7.34  the protection, conservation, preservation, and enhancement of 
  7.35  the state's air, water, land, forests, fish, wildlife, native 
  7.36  vegetation, and other natural resources.  Any data compiled by 
  8.1   the commission council shall be made available to any standing 
  8.2   or interim committee of the legislature upon the request of the 
  8.3   chair of the respective committee. 
  8.4      Subd. 4.  [PERSONNEL.] Persons who are employed by a state 
  8.5   agency to work on a project and are paid by an appropriation 
  8.6   from the trust fund are in the unclassified civil service, and 
  8.7   their continued employment is contingent upon the availability 
  8.8   of money from the appropriation.  When the appropriation has 
  8.9   been spent, their positions must be canceled and the approved 
  8.10  complement of the agency reduced accordingly.  Part-time 
  8.11  employment of persons for a project is authorized.  The use of 
  8.12  classified employees is authorized when approved as part of the 
  8.13  work program required by section 116P.05, subdivision 2, 
  8.14  paragraph (c). 
  8.15     Subd. 5.  [ADMINISTRATIVE EXPENSE.] The prorated expenses 
  8.16  related to commission council administration of the trust fund 
  8.17  may not exceed an amount equal to four percent of the amount 
  8.18  available for appropriation of the trust fund for the biennium. 
  8.19     Subd. 6.  [CONFLICT OF INTEREST.] (a) A commission council 
  8.20  member, advisory committee member, a peer review panelist, or an 
  8.21  employee of the commission council may not participate in or 
  8.22  vote on a decision of the commission, advisory 
  8.23  committee, council or a peer review panel relating to an 
  8.24  organization in which the member, panelist, or employee has 
  8.25  either a direct or indirect personal financial interest.  While 
  8.26  serving on the legislative commission, advisory committee, 
  8.27  council or peer review panel, or being while an employee of 
  8.28  the commission council, a person shall avoid any potential 
  8.29  conflict of interest.  A conflict of interest exists if the 
  8.30  person: 
  8.31     (1) would receive a direct or indirect personal financial 
  8.32  benefit from an entity proposing a project for funding by the 
  8.33  council or from a proposal under review for funding by the 
  8.34  council; 
  8.35     (2) serves as an employee, consultant, or governing board 
  8.36  member of an entity proposing a project for funding by the 
  9.1   council; or 
  9.2      (3) has a family relationship with a project proposer or a 
  9.3   staff or board member of an entity proposing a project for 
  9.4   funding by the council. 
  9.5      (b) The council must develop procedures to identify a 
  9.6   conflict of interest during the initial proposal review 
  9.7   process.  If a conflict is found to exist, the person must 
  9.8   notify the council in writing and may not advocate for or 
  9.9   against the proposal or vote on the proposal. 
  9.10     Subd. 7.  [REPORT REQUIRED.] The commission council shall, 
  9.11  by January 15 of each odd-numbered year, submit a report to the 
  9.12  governor, the chairs of the house appropriations and senate 
  9.13  finance committees, and the chairs of the house and senate 
  9.14  committees on with jurisdiction over environment and natural 
  9.15  resources policy and finance.  Copies of the report must be 
  9.16  available to the public.  The report must include a summary of 
  9.17  the council's conservation achievements during the reporting 
  9.18  period and: 
  9.19     (1) a copy of the current strategic plan; 
  9.20     (2) a description of each project receiving money from the 
  9.21  trust fund during the preceding biennium and how the project 
  9.22  relates to the constitutional dedication of the trust fund and 
  9.23  to the council's current strategic plan; 
  9.24     (3) a summary of any research project completed in the 
  9.25  preceding biennium; 
  9.26     (4) recommendations to implement successful projects and 
  9.27  programs into a state agency's standard operations; 
  9.28     (5) to the extent known by the commission council, 
  9.29  descriptions of the projects anticipated to be supported by the 
  9.30  trust fund during the next biennium; 
  9.31     (6) the source and amount of all revenues collected and 
  9.32  distributed by the commission council, including all 
  9.33  administrative and other expenses; 
  9.34     (7) a description of the assets and liabilities of the 
  9.35  trust fund; 
  9.36     (8) any findings or recommendations that are deemed proper 
 10.1   to assist the legislature in formulating legislation; 
 10.2      (9) a list of all gifts and donations with a value over 
 10.3   $1,000; 
 10.4      (10) a comparison of the amounts spent by the state for 
 10.5   environment and natural resources activities through the most 
 10.6   recent fiscal year; and 
 10.7      (11) a copy of the most recent compliance audit. 
 10.8      Sec. 13.  Minnesota Statutes 2004, section 116P.10, is 
 10.9   amended to read: 
 10.10     116P.10 [ROYALTIES, COPYRIGHTS, PATENTS.] 
 10.11     This section applies to projects supported by the trust 
 10.12  fund and the oil overcharge money referred to in section 4.071, 
 10.13  subdivision 2, each of which is referred to in this section as a 
 10.14  "fund."  The trust fund owns and shall take title to the 
 10.15  percentage of a royalty, copyright, or patent resulting from a 
 10.16  project supported by the trust fund equal to the percentage of 
 10.17  the project's total funding provided by the trust fund.  Cash 
 10.18  receipts resulting from a royalty, copyright, or patent, or the 
 10.19  sale of the trust fund's rights to a royalty, copyright, or 
 10.20  patent, must be credited immediately to the principal of 
 10.21  the trust fund.  Receipts from Minnesota future resources fund 
 10.22  projects must be credited to the trust fund.  Before the council 
 10.23  decides to fund a project is included in the budget plan, 
 10.24  the commission council may vote to relinquish the ownership or 
 10.25  rights to a royalty, copyright, or patent resulting from a 
 10.26  project supported by the trust fund to the project's proposer 
 10.27  when the amount of the original grant or loan, plus interest, 
 10.28  has been repaid to the trust fund. 
 10.29     Sec. 14.  Minnesota Statutes 2004, section 116P.11, is 
 10.30  amended to read: 
 10.31     116P.11 [AVAILABILITY OF FUNDS FOR DISBURSEMENT.] 
 10.32     (a) The amount biennially available from the trust fund for 
 10.33  the budget plan developed by the commission council is as 
 10.34  defined in the Minnesota Constitution, article XI, section 14.  
 10.35     (b) Any appropriated funds not encumbered in the biennium 
 10.36  in which they are appropriated cancel and must be credited to 
 11.1   the principal of the trust fund. 
 11.2      Sec. 15.  Minnesota Statutes 2004, section 116P.12, 
 11.3   subdivision 2, is amended to read: 
 11.4      Subd. 2.  [APPLICATION AND ADMINISTRATION.] (a) The 
 11.5   commission council must adopt a procedure for the issuance of 
 11.6   the water system improvement loans by the Public Facilities 
 11.7   Authority.  
 11.8      (b) The commission council also must ensure that the loans 
 11.9   are administered according to its fiduciary standards and 
 11.10  requirements. 
 11.11     Sec. 16.  Minnesota Statutes 2004, section 116P.15, 
 11.12  subdivision 2, is amended to read: 
 11.13     Subd. 2.  [RESTRICTIONS; MODIFICATION PROCEDURE.] (a) An 
 11.14  interest in real property acquired with an appropriation from 
 11.15  the trust fund or the Minnesota future resources fund must be 
 11.16  used in perpetuity or for the specific term of an easement 
 11.17  interest for the purpose for which the appropriation was made. 
 11.18     (b) A recipient of funding who acquires an interest in real 
 11.19  property subject to this section may not alter the intended use 
 11.20  of the interest in real property or convey any interest in the 
 11.21  real property acquired with the appropriation without the prior 
 11.22  review and approval of the commission council.  The commission 
 11.23  council shall establish procedures to review requests from 
 11.24  recipients to alter the use of or convey an interest in real 
 11.25  property.  These procedures shall allow for the replacement of 
 11.26  the interest in real property with another interest in real 
 11.27  property meeting the following criteria: 
 11.28     (1) the interest is at least equal in fair market value, as 
 11.29  certified by the commissioner of natural resources, to the 
 11.30  interest being replaced; and 
 11.31     (2) the interest is in a reasonably equivalent location, 
 11.32  and has a reasonably equivalent usefulness compared to the 
 11.33  interest being replaced. 
 11.34     (c) A recipient of funding who acquires an interest in real 
 11.35  property under paragraph (a) must separately record a notice of 
 11.36  funding restrictions in the appropriate local government office 
 12.1   where the conveyance of the interest in real property is filed.  
 12.2   The notice of funding agreement must contain: 
 12.3      (1) a legal description of the interest in real property 
 12.4   covered by the funding agreement; 
 12.5      (2) a reference to the underlying funding agreement; 
 12.6      (3) a reference to this section; and 
 12.7      (4) the following statement: 
 12.8      "This interest in real property shall be administered in 
 12.9   accordance with the terms, conditions, and purposes of the grant 
 12.10  agreement or work program controlling the acquisition of the 
 12.11  property.  The interest in real property, or any portion of the 
 12.12  interest in real property, shall not be sold, transferred, 
 12.13  pledged, or otherwise disposed of or further encumbered without 
 12.14  obtaining the prior written approval of the Legislative 
 12.15  Commission on Minnesota Resources council or its successor.  If 
 12.16  the holder of the interest in real property fails to comply with 
 12.17  the terms and conditions of the grant agreement or work program, 
 12.18  ownership of the interest in real property shall transfer to 
 12.19  this state." 
 12.20     Sec. 17.  [INITIAL CITIZEN APPOINTMENTS.] 
 12.21     The governor shall make the initial appointments of citizen 
 12.22  members to the Legislative Council on Minnesota Resources 
 12.23  according to the following schedule of terms: 
 12.24     (1) two members to serve for full six-year terms; 
 12.25     (2) two members to serve for five-year terms; 
 12.26     (3) two members to serve for four-year terms; and 
 12.27     (4) two members to serve for three-year terms. 
 12.28     Sec. 18.  [TRANSITION.] 
 12.29     (a) The staff of the Legislative Commission on Minnesota 
 12.30  Resources shall provide administrative and technical assistance 
 12.31  to the council. 
 12.32     (b) Administrative expenses saved through the elimination 
 12.33  of the Citizens Advisory Committee shall be used for the 
 12.34  administrative expenses of the council or other citizen advisory 
 12.35  committees created by the council. 
 12.36     Sec. 19.  [REPEALER.] 
 13.1      (a) Minnesota Statutes 2004, sections 116P.02, subdivision 
 13.2   2, and 116P.06 are repealed. 
 13.3      (b) Minnesota Statutes 2004, section 116P.05, is repealed 
 13.4   effective June 30, 2005. 
 13.5      Sec. 20.  [SUNSET.] 
 13.6      The provisions of this act terminate on June 30, 2011, 
 13.7   unless extended by the legislature. 
 13.8      Sec. 21.  [EFFECTIVE DATE.] 
 13.9      Sections 1 to 20 are effective the day following final 
 13.10  enactment.