Minnesota Legislature
HF 218
1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to state government; appropriating money for 1.3 the general legislative and administrative expenses of 1.4 state government; modifying provisions relating to 1.5 state and local government operations; amending 1.6 Minnesota Statutes 2000, sections 3.012; 3.3005, 1.7 subdivisions 2, 3, 3a, 4, 5, by adding subdivisions; 1.8 3.305, by adding subdivisions; 3.85, subdivision 3; 1.9 3.97, subdivision 3a; 3.979, by adding a subdivision; 1.10 3.98, subdivision 2; 4A.05, subdivision 1; 4A.07, 1.11 subdivisions 1, 2, 4, 5; 4A.08; 4A.09; 4A.10; 6.48; 1.12 6.56, subdivision 2; 6.58; 7.09, subdivision 1; 8.15, 1.13 subdivisions 1, 2, 3; 10A.01, subdivision 21; 11A.075; 1.14 15.059, subdivision 5a; 15.50, subdivision 2, by 1.15 adding a subdivision; 16A.06, by adding a subdivision; 1.16 16A.10, by adding a subdivision; 16A.103, subdivision 1.17 1; 16A.11, subdivision 6; 16A.152, subdivisions 4, 7; 1.18 16B.58, by adding a subdivision; 16B.60, subdivision 1.19 3, by adding subdivisions; 16B.61, subdivision 1; 1.20 16B.65; 16B.70, subdivision 2; 16B.76, subdivision 1; 1.21 16B.88, subdivision 1; 16C.03, subdivision 3; 16C.25; 1.22 43A.04, by adding subdivisions; 43A.38, subdivisions 1.23 1, 6, 7; 62E.10, by adding a subdivision; 103C.311, 1.24 subdivision 1; 116R.02, subdivision 3; 138.35, by 1.25 adding a subdivision; 138.39; 161.1419, subdivision 8; 1.26 161.32, subdivision 1b; 190.06, subdivision 1; 190.07; 1.27 193.144, subdivision 6; 193.145, subdivision 4; 1.28 193.148; 197.75, subdivisions 1, 2; 201.016, 1.29 subdivision 1a; 201.022; 201.061, subdivision 3; 1.30 201.071, subdivisions 1, 3, by adding subdivisions; 1.31 201.091, subdivisions 1, 4, by adding a subdivision; 1.32 201.155; 202A.19, subdivision 1; 203B.04, subdivisions 1.33 1, 5; 203B.06, by adding a subdivision; 203B.07, 1.34 subdivision 1; 203B.11, by adding a subdivision; 1.35 203B.16, subdivision 1; 203B.17, subdivision 1; 1.36 204B.06, subdivision 1; 204B.07, subdivision 2; 1.37 204B.09, subdivisions 1, 3; 204B.20; 204B.22, 1.38 subdivisions 1, 3; 204B.23; 204B.27, by adding a 1.39 subdivision; 204B.28, subdivision 1; 204B.45, 1.40 subdivision 2; 204B.46; 204C.03, subdivision 1; 1.41 204C.10; 204C.35; 204C.36, subdivisions 1, 3; 204D.04, 1.42 subdivision 2; 204D.09; 204D.11, subdivision 4; 1.43 204D.24, subdivision 2; 205.02, subdivision 1; 205.13, 1.44 subdivision 1a; 205.17, by adding a subdivision; 1.45 205.185, subdivisions 2, 3; 205A.02; 205A.11, 1.46 subdivision 2; 206.81; 208.06; 208.08; 209.065; 2.1 211A.02, subdivisions 1, 4; 211B.16, subdivision 1; 2.2 240A.08; 317A.123, subdivision 1; 317A.827, 2.3 subdivision 2; 358.10; 367.03, subdivision 6; 394.232, 2.4 subdivisions 1, 2, 3, 4, 5, 7, by adding a 2.5 subdivision; 403.11, subdivisions 1, 2; 403.113, 2.6 subdivisions 1, 2; 462.351; 462.352, subdivisions 5, 2.7 6; 462.3535, subdivisions 1, 2, 3, 4, 10; 473.13, by 2.8 adding a subdivision; 473.1455; 473.901, subdivisions 2.9 1, 2; 517.08, subdivisions 1b, 1c; 645.44, by adding a 2.10 subdivision; Laws 1998, chapter 366, section 80; Laws 2.11 1999, chapter 250, article 1, sections 115, 116; 2.12 proposing coding for new law in Minnesota Statutes, 2.13 chapters 3; 4A; 5; 6; 16A; 16C; 16E; 43A; 200; 201; 2.14 204B; 206; 240A; 473; proposing coding for new law as 2.15 Minnesota Statutes, chapter 116T; repealing Minnesota 2.16 Statutes 2000, sections 3.885; 3.9222; 4A.07, 2.17 subdivision 3; 8.31, subdivision 2c; 13.202, 2.18 subdivision 8; 13.606, subdivision 2; 16A.67; 2.19 16A.6701; 16B.37; 16B.58, subdivision 7; 129D.06; 2.20 204B.06, subdivision 1a; 204C.15, subdivision 2a; 2.21 246.18, subdivision 7; 394.232; 462.352, subdivision 2.22 18; 462.3535, subdivisions 5, 6, 7, 8, 9; 465.795; 2.23 465.796; 465.797; 465.7971; 465.798; 465.799; 465.801; 2.24 465.802; 465.803; 465.83; 465.87; 465.88; 473.1455; 2.25 572A.01; 572A.03, subdivision 2; Minnesota Rules, part 2.26 8250.1400. 2.27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.28 ARTICLE 1 2.29 APPROPRIATIONS 2.30 Section 1. [STATE GOVERNMENT APPROPRIATIONS.] 2.31 The sums shown in the columns marked "APPROPRIATIONS" are 2.32 appropriated from the general fund, or another fund named, to 2.33 the agencies and for the purposes specified in this act, to be 2.34 available for the fiscal years indicated for each purpose. The 2.35 figures "2002" and "2003," where used in this act, mean that the 2.36 appropriation or appropriations listed under them are available 2.37 for the year ending June 30, 2002, or June 30, 2003, 2.38 respectively. 2.39 APPROPRIATIONS 2.40 Available for the Year 2.41 Ending June 30 2.42 2002 2003 2.43 Sec. 2. LEGISLATURE 2.44 Subdivision 1. Total 2.45 Appropriation 57,938,000 60,602,000 2.46 Summary by Fund 2.47 General 57,788,000 60,452,000 2.48 Health Care Access 150,000 150,000 2.49 The amounts that may be spent from this 2.50 appropriation for each program are 2.51 specified in the following subdivisions. 3.1 Subd. 2. Senate 3.2 16,602,000 16,602,000 3.3 Subd. 3. House of Representatives 3.4 26,843,000 29,497,000 3.5 Of amounts previously appropriated to 3.6 the house and carried forward into the 3.7 biennium beginning July 1, 2001, 3.8 $1,000,000 is canceled to the general 3.9 fund. 3.10 Subd. 4. Legislative 3.11 Coordinating Commission 3.12 Summary by Fund 3.13 General 14,343,000 14,353,000 3.14 Health Care Access 150,000 150,000 3.15 Effective January 1, 2002, the house of 3.16 representatives public information 3.17 office and the senate publications 3.18 office are combined, under the 3.19 jurisdiction of the legislative 3.20 coordinating commission. 3.21 Effective January 1, 2002, the house of 3.22 representatives television services 3.23 office and the senate media services 3.24 offices are combined, under the 3.25 jurisdiction of the legislative 3.26 coordinating commission. 3.27 During the interim between the 2001 and 3.28 2002 legislative sessions, legislative 3.29 appointing authorities may work with 3.30 the department of employee relations to 3.31 place legislative staff on temporary 3.32 assignments in state agencies. The 3.33 legislature is responsible for salary 3.34 and benefits of employees who choose 3.35 these temporary assignments. Work 3.36 assignments and hours must be 3.37 negotiated by legislative appointing 3.38 authorities and the state agencies 3.39 getting interim use of legislative 3.40 staff. Refusal of a commissioner to 3.41 find a suitable work assignment for 3.42 interested and qualified legislative 3.43 staff must be reported to the budget 3.44 committee chairs of the house and 3.45 senate that have jurisdiction over that 3.46 agency's budget. 3.47 This appropriation may not be used to 3.48 pay for an international affairs 3.49 coordinator. 3.50 Sec. 3. GOVERNOR AND 3.51 LIEUTENANT GOVERNOR 4,508,000 4,519,000 3.52 $19,000 the first year and $19,000 the 3.53 second year are for necessary expenses 3.54 in the normal performance of the 3.55 governor's and lieutenant governor's 3.56 duties for which no other reimbursement 3.57 is provided. 4.1 By September 1 each year, the 4.2 commissioner of finance shall report to 4.3 the chairs of the senate governmental 4.4 operations budget division and the 4.5 house state government finance division 4.6 any personnel costs incurred by the 4.7 office of the governor and lieutenant 4.8 governor that were supported by 4.9 appropriations to other agencies during 4.10 the previous fiscal year. The office 4.11 of the governor shall inform the chairs 4.12 of the divisions before initiating any 4.13 interagency agreements. 4.14 Sec. 4. STATE AUDITOR 9,777,000 -0- 4.15 Sec. 5. STATE TREASURER 2,328,000 2,284,000 4.16 Sec. 6. ATTORNEY GENERAL 28,680,000 29,368,000 4.17 Summary by Fund 4.18 General 26,227,000 26,863,000 4.19 State Government 4.20 Special Revenue 1,834,000 1,876,000 4.21 Environmental 619,000 629,000 4.22 In budget proposals for the biennium 4.23 beginning July 1, 2003, the attorney 4.24 general must include amounts to provide 4.25 legal services for all agencies served 4.26 by the attorney general. 4.27 Sec. 7. SECRETARY OF STATE 9,578,000 821,000 4.28 $2,000,000 the first year is for 4.29 transfer to the voting equipment grant 4.30 account established in Minnesota 4.31 Statutes, section 204B.48. 4.32 Sec. 8. CAMPAIGN FINANCE AND 4.33 PUBLIC DISCLOSURE BOARD 658,000 671,000 4.34 For 2001 - $35,000 4.35 $35,000 is appropriated in fiscal year 4.36 2001 and is effective immediately. 4.37 Sec. 9. INVESTMENT BOARD 2,376,000 2,376,000 4.38 Sec. 10. ADMINISTRATIVE HEARINGS 6,966,000 7,169,000 4.39 This appropriation is from the workers' 4.40 compensation fund. 4.41 Sec. 11. OFFICE OF STRATEGIC 4.42 AND LONG-RANGE PLANNING 5,323,000 5,008,000 4.43 The base budget for the critical issues 4.44 activity is reduced by $810,000 each 4.45 year. 4.46 $250,000 each year is for one-time 4.47 grants of $50,000 each to regional 4.48 development commissions or, in regions 4.49 not served by regional development 4.50 commissions, to regional organizations 4.51 selected by the director, to support 4.52 planning work on behalf of local units 5.1 of government. The planning work must 5.2 take into consideration any impacts on 5.3 private property rights and must 5.4 include at least one of the following: 5.5 (1) development of local zoning 5.6 ordinances; (2) land use plans; (3) 5.7 community or economic development 5.8 plans; (4) transportation and transit 5.9 plans; (5) solid waste management 5.10 plans; (6) wastewater management plans; 5.11 (7) workforce development plans; (8) 5.12 housing development plans and market 5.13 analyses; (9) rural health service and 5.14 senior nutrition plans; (10) natural 5.15 resources management plans; or (11) 5.16 development of a geographical 5.17 information systems database to serve a 5.18 region's needs, including hardware and 5.19 software purchases and related labor 5.20 costs. State grant funds must be 5.21 matched on a dollar-for-dollar basis by 5.22 nonstate funds. Copies of all planning 5.23 documents developed as a result of the 5.24 grants must be compiled by the office 5.25 of strategic and long-range planning 5.26 and made available for public 5.27 inspection. Local planning work 5.28 supported by this appropriation must 5.29 adhere to the goals of sustainable land 5.30 use planning under Minnesota Statutes, 5.31 section 4A.08. 5.32 $25,000 the first year is for 5.33 preparation of urban river development 5.34 guidelines under article 2, section 127. 5.35 $100,000 the first year is for a grant 5.36 to support subregional comprehensive 5.37 planning by the N.M. I-35W Corridor 5.38 Coalition. The appropriation is 5.39 available until June 30, 2003. The 5.40 subregional work must include the 5.41 following components leading to a 5.42 coordinated subregional comprehensive 5.43 plan submission to the metropolitan 5.44 council in 2003: (1) coordinated land 5.45 use plans; (2) coordinated economic 5.46 development and redevelopment 5.47 strategies focused on redefining 5.48 metropolitan competitiveness with 5.49 linkage to creating local job 5.50 opportunities and integrated housing, 5.51 transportation, and transit systems; 5.52 (3) coordinated transportation and 5.53 transit plans; (4) coordinated 5.54 workforce development plans; (5) 5.55 coordinated subregional housing 5.56 development plans and market analyses 5.57 ensuring healthy neighborhoods and 5.58 increased choice in lifecycle housing; 5.59 (6) coordinated natural resources 5.60 management plans; (7) expanded GIS 5.61 database management system focused on 5.62 improving subregional decision making 5.63 through access to better data and tools 5.64 for analysis as well as being 5.65 exportable to other regional and 5.66 subregional collaborative efforts; and 5.67 (8) establishment of a coalition 5.68 institute structured to utilize livable 5.69 community principles to address issues 6.1 of growth and infill, to support 6.2 standards for quality development, and 6.3 to create direct benefit for learning 6.4 experience and sharing with other 6.5 regional and subregional organizations 6.6 and agencies. State grant funds must 6.7 be matched on a dollar-for-dollar basis 6.8 from nonstate funds. Local planning 6.9 work supported by this appropriation 6.10 must adhere to the goals of sustainable 6.11 land use planning under Minnesota 6.12 Statutes, section 4A.08. 6.13 The director must submit a plan to the 6.14 legislature by January 30, 2002, for 6.15 creation of a competition council. The 6.16 competition council would make 6.17 recommendations to the executive and 6.18 legislative branches on opportunities, 6.19 strategies, and best practices for 6.20 competitive delivery of services or 6.21 goods currently delivered by 6.22 government. The plan for creation of a 6.23 council must include the authority of 6.24 the commission, its mission and 6.25 objectives, and a proposed structure. 6.26 $200,000 the first year is for a grant 6.27 to the Northern Counties Land Use 6.28 Coordinating Board to initiate a pilot 6.29 project to promote cooperative efforts 6.30 among county, state, federal, and local 6.31 units of government regarding land use 6.32 management issues. The board shall 6.33 also solicit cooperation with Canadian 6.34 officials who represent areas 6.35 contiguous to the region and with local 6.36 organizations representing 6.37 recreational, agricultural, mining, 6.38 forestry, and tourism interests. The 6.39 objectives of the pilot project are to 6.40 document instances of incompatible or 6.41 conflicting land use policies and 6.42 regulations and to identify and promote 6.43 a means of resolving such differences 6.44 that may provide a national model for 6.45 management through intergovernmental 6.46 cooperation. The board must report to 6.47 the legislature by January 15, 2003, on 6.48 the results of the pilot project. 6.49 State grant funds must be matched on a 6.50 dollar-for-dollar basis by nonstate 6.51 funds. Local planning work supported 6.52 by this appropriation must adhere to 6.53 the goals of sustainable land use 6.54 planning under Minnesota Statutes, 6.55 section 4A.08. 6.56 $200,000 each year is for the director 6.57 to study matters relating to the 6.58 economic status of women in Minnesota, 6.59 including: (1) economic security of 6.60 homemakers and women in the labor 6.61 force; (2) opportunities for education 6.62 and vocational training; (3) employment 6.63 opportunities; (4) the contributions of 6.64 women to the economy; (5) women's 6.65 access to benefits and services 6.66 provided to citizens of the state; (6) 6.67 laws and business practices 6.68 constituting barriers to the full 7.1 participation by women in the economy; 7.2 and (7) adequacy of programs and 7.3 services relating to families in 7.4 Minnesota, including single-parent 7.5 families and members beyond the nuclear 7.6 or immediate family. The director may 7.7 appoint an advisory group to advise the 7.8 director on these matters. Employees 7.9 of the legislative commission on the 7.10 economic status of women are 7.11 transferred to the office of strategic 7.12 and long-range planning. 7.13 Sec. 12. ADMINISTRATION 7.14 Subdivision 1. Total 7.15 Appropriation 73,729,000 45,401,000 7.16 Summary by Fund 7.17 General 52,869,000 45,401,000 7.18 Special Revenue 20,860,000 -0- 7.19 The amounts that may be spent from this 7.20 appropriation for each program are 7.21 specified in the following subdivisions. 7.22 Subd. 2. Operations Management 7.23 3,683,000 3,694,000 7.24 Subd. 3. Intertechnologies Group 7.25 17,596,000 18,868,000 7.26 $6,693,000 the first year and 7.27 $6,842,000 the second year are for 911 7.28 operations. 7.29 $6,251,000 the first year and 7.30 $7,174,000 the second year are for 7.31 enhanced 911. 7.32 $50,000 each year is for a grant to the 7.33 poison control center. 7.34 $3,743,000 the first year and 7.35 $3,943,000 the second year are for 7.36 wireless 911. 7.37 Subd. 4. Facilities Management 7.38 15,577,000 16,009,000 7.39 The balance in the state building code 7.40 account in the state government special 7.41 revenue fund as of July 1, 2001, is 7.42 canceled to the general fund. 7.43 The senate must transfer control of the 7.44 G2 office suite in the capitol to the 7.45 governor's office. The department of 7.46 administration must transfer control of 7.47 the B46 office suite to the senate. 7.48 Eighty covered spaces and 105 roof 7.49 spaces in the State Office Building 7.50 parking ramp must be assigned to house 7.51 of representatives staff. To make the 7.52 required assignment of spaces to house 8.1 staff, the number of spaces assigned to 8.2 staff from other entities must be 8.3 reduced proportionately. However, no 8.4 spaces in the ramp may be taken from 8.5 elected officials. 8.6 In lieu of receiving the rent 8.7 deficiency for ceremonial space, the 8.8 department of administration must 8.9 locate the State Bookstore in room 230 8.10 of the capitol. 8.11 Subd. 5. Management Services 8.12 3,427,000 3,238,000 8.13 Subd. 6. Fiscal Agent 8.14 2,000 2,000 8.15 This appropriation is for the state 8.16 band. 8.17 Subd. 7. Public Broadcasting 8.18 Summary by Fund 8.19 General 848,000 848,000 8.20 Special Revenue 20,860,000 -0- 8.21 $441,000 the first year and $441,000 8.22 the second year are for grants and for 8.23 contracts with the senate and house of 8.24 representatives for public information 8.25 television, Internet, Intranet, and 8.26 other transmission of legislative 8.27 activities. At least one-half must go 8.28 for programming to be broadcast and 8.29 transmitted to rural Minnesota. 8.30 $20,860,000 the first year is 8.31 appropriated from the contingency 8.32 account in the special revenue fund for 8.33 grants to noncommercial television 8.34 stations to assist with conversion to a 8.35 digital broadcast signal as mandated by 8.36 the federal government. In order to 8.37 qualify for these grants, a station 8.38 must meet the criteria established for 8.39 grants in Minnesota Statutes, section 8.40 129D.12, subdivision 2. A station 8.41 using money from this appropriation for 8.42 construction of a transmission tower 8.43 must consult with public radio stations 8.44 and must build the tower with 8.45 sufficient capacity to provide space on 8.46 the tower to interested public radio 8.47 stations. Such space must be provided 8.48 at no cost to public radio stations. 8.49 $407,000 the first year and $407,000 8.50 the second year are for grants to 8.51 public educational radio stations, 8.52 which must be allocated after 8.53 considering the recommendations of the 8.54 Association of Minnesota Public 8.55 Educational Radio Stations under 8.56 Minnesota Statutes, section 129D.14. 8.57 Subd. 8. Office of Technology 9.1 11,736,000 2,742,000 9.2 (a) The commissioner of administration 9.3 must contract with an entity outside of 9.4 state government to prepare a 9.5 supplemental evaluation, risk 9.6 assessment, and risk mitigation plan 9.7 for the CriMNet system. The entity 9.8 performing this work must not have any 9.9 other direct or indirect financial 9.10 interest in the project. 9.11 (b) Before January 1, 2002, each 9.12 recipient of an appropriation for the 9.13 CriMNet system must, in consultation 9.14 with the commissioner of 9.15 administration, submit to the entity 9.16 selected under paragraph (a): 9.17 (1) a list of objectives the entity 9.18 expects to achieve with the money 9.19 appropriated to it; and 9.20 (2) a list of performance measures that 9.21 can be used to determine the extent to 9.22 which these objectives are being met. 9.23 (c) The evaluation, risk assessment, 9.24 and risk mitigation plan must 9.25 separately consider each component of 9.26 the project, including: suspense 9.27 files, the integration backbone, the 9.28 Minnesota court information system, 9.29 photo imaging, livescan cardhandler, 9.30 predatory offender registration, CJDN 9.31 upgrade, statewide supervision, and 9.32 county planning and implementation 9.33 grants. For each component, the 9.34 evaluation may also consider: 9.35 (1) the likelihood that each entity 9.36 will achieve its objectives within the 9.37 limits of the money appropriated; and 9.38 (2) the appropriateness of the 9.39 performance measures suggested by each 9.40 entity receiving an appropriation. 9.41 (d) Work on the evaluation, risk 9.42 assessment, and risk mitigation plan 9.43 must begin as soon as practicable but 9.44 no later than November 15, 2001. The 9.45 results of the evaluation, risk 9.46 assessment, and risk mitigation plan 9.47 must be reported to the legislature, 9.48 the commissioner of administration, and 9.49 the chief justice of the supreme court 9.50 by March 15, 2002. The final report 9.51 must include recommendations on changes 9.52 or improvements needed for each 9.53 component of the program and whether or 9.54 not a component should proceed. A 9.55 recommendation not to proceed with a 9.56 component of the project is only 9.57 advisory. Decisions regarding 9.58 proceeding with project components will 9.59 be made by the commissioner of public 9.60 safety in consultation with the policy 9.61 group. 9.62 The office must establish the state 10.1 information architecture under 10.2 Minnesota Statutes, section 16E.04, 10.3 subdivision 2, by March 1, 2002. 10.4 $9,000,000 is for deposit in the 10.5 technology enterprise fund. 10.6 The commissioner may spend up to 10.7 $5,400,000 of the fund for the income 10.8 tax re-engineering project in revenue, 10.9 up to $1,000,000 for the North Star 10.10 enterprise portal, up to $1,500,000 for 10.11 small agency infrastructure, up to 10.12 $300,000 for statewide information 10.13 technology architecture, and up to 10.14 $300,000 for an unemployment insurance 10.15 management project. 10.16 Sec. 13. EMPLOYEE RELATIONS 13,025,000 18,048,000 10.17 For 2001 - $2,000,000 10.18 $5,000,000 the first year and 10.19 $10,000,000 the second year are to pay 10.20 costs of compensation and economic 10.21 benefit increases provided to employees 10.22 in the executive branch. The 10.23 appropriation applies only to employees 10.24 funded from the general fund. The 10.25 commissioner of finance must transfer 10.26 to the covered agencies amounts 10.27 certified as necessary by the chief 10.28 financial officer of the agency. The 10.29 commissioner must make pro rata 10.30 distributions if the amount of this 10.31 appropriation is insufficient to pay 10.32 all costs. 10.33 $50,000 each year is for a grant to the 10.34 Government Training Service. 10.35 $2,000,000 in fiscal year 2001 is for 10.36 one-time funding to the department of 10.37 employee relations to be distributed 10.38 for back-pay liability costs associated 10.39 with compliance with the Fair Labor 10.40 Standards Act. 10.41 Sec. 14. CAPITOL AREA ARCHITECTURAL 10.42 AND PLANNING BOARD 283,000 284,000 10.43 During the biennium ending June 30, 10.44 2003, money received by the board from 10.45 public agencies, as provided by 10.46 Minnesota Statutes, section 15.50, 10.47 subdivision 3, is appropriated to the 10.48 board. 10.49 Any unencumbered money appropriated for 10.50 the Hubert H. Humphrey memorial under 10.51 Laws 1999, chapter 250, article 1, 10.52 section 13, is canceled. 10.53 Sec. 15. FINANCE 10.54 Subdivision 1. Total 10.55 Appropriation 17,942,000 17,961,000 10.56 The amounts that may be spent from this 10.57 appropriation for each program are 10.58 specified in the following subdivisions. 11.1 Subd. 2. State Financial Management 11.2 7,993,000 7,993,000 11.3 Subd. 3. Information and Management Services 11.4 9,949,000 9,968,000 11.5 Subd. 4. Technology Budget Book 11.6 The department shall prepare a separate 11.7 budget book for the biennium beginning 11.8 July 1, 2003, containing all of the 11.9 administration's technology 11.10 initiatives. The book shall also 11.11 include a complete inventory of 11.12 state-owned and leased technology, 11.13 along with a projected replacement 11.14 schedule. The inventory shall include 11.15 information on how the technology fits 11.16 into the state's master plan. The book 11.17 must be in the same format as other 11.18 biennial budget books. 11.19 Sec. 16. REVENUE 11.20 Subdivision 1. Total 11.21 Appropriation 89,322,000 89,453,000 11.22 Summary by Fund 11.23 General 85,146,000 85,195,000 11.24 Health Care Access 1,731,000 1,764,000 11.25 Highway User 11.26 Tax Distribution 2,191,000 2,237,000 11.27 Environmental 307,000 310,000 11.28 The amounts that may be spent from this 11.29 appropriation for each program are 11.30 specified in the following subdivisions. 11.31 Subd. 2. Tax System Management 11.32 86,765,000 86,896,000 11.33 Summary by Fund 11.34 General 82,589,000 82,638,000 11.35 Health Care Access 1,678,000 1,711,000 11.36 Highway User 11.37 Tax Distribution 2,191,000 2,237,000 11.38 Environmental 307,000 310,000 11.39 Subd. 3. Accounts Receivable Management 11.40 Summary by Fund 11.41 General 2,557,000 2,557,000 11.42 Health Care Access 53,000 53,000 11.43 Sec. 17. MILITARY AFFAIRS 11.44 Subdivision 1. Total 11.45 Appropriation 13,409,000 13,446,000 12.1 The amounts that may be spent from this 12.2 appropriation for each program are 12.3 specified in the following subdivisions. 12.4 Subd. 2. Maintenance of Training 12.5 Facilities 12.6 6,938,000 6,938,000 12.7 Subd. 3. General Support 12.8 1,791,000 1,828,000 12.9 $50,000 the first year and $50,000 the 12.10 second year are to assist in the 12.11 operation and staffing of the Minnesota 12.12 national guard youth camp at Camp 12.13 Ripley. This appropriation is 12.14 contingent on its being matched by 12.15 money from other sources. 12.16 The department may not sell or lease 12.17 land in Ramsey county to the department 12.18 of transportation, nor may the 12.19 department locate a joint or shared 12.20 facility with the department of 12.21 transportation within the county. 12.22 Subd. 4. Enlistment Incentives 12.23 4,605,000 4,605,000 12.24 Subd. 5. Emergency Services 12.25 75,000 75,000 12.26 Sec. 18. VETERANS AFFAIRS 4,515,000 4,374,000 12.27 $150,000 is for a grant to the St. 12.28 Louis county historical society in 12.29 Duluth, Minnesota, to be used to 12.30 complete the Veterans Memorial Hall 12.31 physical exhibit and displays. This 12.32 appropriation is available until June 12.33 30, 2002. 12.34 Sec. 19. VETERANS OF FOREIGN 12.35 WARS 55,000 55,000 12.36 For carrying out the provisions of Laws 12.37 1945, chapter 455. 12.38 Sec. 20. MILITARY ORDER OF 12.39 THE PURPLE HEART 20,000 20,000 12.40 Sec. 21. DISABLED AMERICAN 12.41 VETERANS 13,000 13,000 12.42 For carrying out the provisions of Laws 12.43 1941, chapter 425. 12.44 Sec. 22. GAMBLING CONTROL 2,410,000 2,453,000 12.45 Sec. 23. RACING COMMISSION 406,000 410,000 12.46 Sec. 24. STATE LOTTERY 750,000 -0- 12.47 $750,000 is from the lottery prize fund 12.48 to the commissioner of human services 12.49 for a grant to reconstruct Project 13.1 Turnabout in Granite Falls destroyed by 13.2 the Granite Falls tornado. This 13.3 appropriation is available until June 13.4 30, 2003, and does not become part of 13.5 the base. 13.6 Sec. 25. AMATEUR SPORTS 13.7 COMMISSION 2,866,000 1,394,000 13.8 The commission must develop a plan for 13.9 becoming self-sufficient. The timeline 13.10 for self-sufficiency must not exceed 13.11 five years. The commission must report 13.12 the plan to the chairs of the budget 13.13 committees in the house and the senate 13.14 by February 1, 2002. 13.15 $2,000,000 in fiscal year 2002 and 13.16 $750,000 in fiscal year 2003 are for 13.17 making matching grants for soccer field 13.18 development as provided under Minnesota 13.19 Statutes, section 240A.13. 13.20 $200,000 in fiscal year 2002 is for a 13.21 one-time grant to a nonprofit 13.22 corporation for operation of a shooting 13.23 sports program at a state-owned 13.24 facility. The program funded through 13.25 this grant must be designed to train 13.26 participants and coaches in shooting 13.27 sports that are Olympic events. This 13.28 appropriation is available until June 13.29 30, 2003. 13.30 $25,000 is for a grant to the Range 13.31 Recreation Civic Center for bleacher 13.32 purchase. 13.33 Sec. 26. BOARD OF THE ARTS 13.34 Subdivision 1. Total 13.35 Appropriation 8,103,000 8,111,000 13.36 The amounts that may be spent from this 13.37 appropriation for each program are 13.38 specified in the following subdivisions. 13.39 Subd. 2. Operations and Services 13.40 1,028,000 1,036,000 13.41 By February 15, 2002, the board must 13.42 compile, report to the legislature, and 13.43 make readily available a listing of 13.44 grants awarded with funds appropriated 13.45 for fiscal years 2000 and 2001 by type 13.46 and dollar amount, along with a 13.47 measurement of impact for each grant. 13.48 Impact measurements include, but are 13.49 not limited to: (1) the number of 13.50 patrons served; (2) a determination if 13.51 the grant allowed the grantee to go 13.52 forward; and (3) the extent the grantee 13.53 was able to expand or otherwise improve 13.54 the artistic experience offered the 13.55 public. 13.56 The board must also compile and make 13.57 available a historical record for every 13.58 grantee that has received funds from 13.59 the board. The list must be by grantee 14.1 and identify all types of grants 14.2 received each year. 14.3 Subd. 3. Grants Program 14.4 3,540,000 3,540,000 14.5 The board must not grant more than 14.6 $100,000 per year to any grantee. 14.7 Subd. 4. Regional Arts 14.8 Councils 14.9 3,535,000 3,535,000 14.10 Sec. 27. MINNESOTA HUMANITIES 14.11 COMMISSION 909,000 909,000 14.12 The humanities commission must develop 14.13 a plan for the selection of a Minnesota 14.14 poet laureate. The commission must 14.15 report the plan to the legislature by 14.16 February 1, 2002. 14.17 Sec. 28. GENERAL CONTINGENT 14.18 ACCOUNTS 600,000 600,000 14.19 Summary by Fund 14.20 General 100,000 100,000 14.21 State Government 14.22 Special Revenue 400,000 400,000 14.23 Workers' 14.24 Compensation 100,000 100,000 14.25 Sec. 29. TORT CLAIMS 275,000 275,000 14.26 To be spent by the commissioner of 14.27 finance. 14.28 If the appropriation for either year is 14.29 insufficient, the appropriation for the 14.30 other year is available for it. 14.31 Sec. 30. MINNESOTA STATE 14.32 RETIREMENT SYSTEM 9,299,000 9,856,000 14.33 The amounts estimated to be needed for 14.34 each program are as follows: 14.35 (a) Legislators 14.36 6,821,000 7,230,000 14.37 Under Minnesota Statutes, sections 14.38 3A.03, subdivision 2; 3A.04, 14.39 subdivisions 3 and 4; and 3A.11. 14.40 (b) Constitutional Officers 14.41 355,000 376,000 14.42 Under Minnesota Statutes, sections 14.43 352C.031, subdivision 5; 352C.04, 14.44 subdivision 3; and 352C.09, subdivision 14.45 2. 14.46 (c) Judges 15.1 2,123,000 2,250,000 15.2 If an appropriation in this section for 15.3 either year is insufficient, the 15.4 appropriation for the other year is 15.5 available for it. 15.6 Sec. 31. MINNEAPOLIS EMPLOYEES 15.7 RETIREMENT FUND 3,232,000 3,232,000 15.8 Sec. 32. POLICE AND FIRE 15.9 AMORTIZATION AID 6,345,000 6,345,000 15.10 Sec. 33. COMPENSATION COUNCIL 15.11 The compensation council recommendation 15.12 of 2001 may not take effect unless 15.13 approved by law. 15.14 ARTICLE 2 15.15 STATE GOVERNMENT OPERATIONS 15.16 Section 1. Minnesota Statutes 2000, section 3.012, is 15.17 amended to read: 15.18 3.012 [LEGISLATIVE DAY.] 15.19 A legislative day is a day when either house or a committee 15.20 of either house of the legislature is called to order. A 15.21 legislative day begins at seven o'clock a.m. and continues until 15.22 seven o'clock a.m. of the following calendar day. 15.23 Sec. 2. Minnesota Statutes 2000, section 3.3005, 15.24 subdivision 2, is amended to read: 15.25 Subd. 2. [GOVERNOR'S REQUEST TO LEGISLATURE.] A state 15.26 agency shall not expend money received by it under federal law 15.27 for any purpose unless a request to spend federal money from 15.28 that source for that purpose in that fiscal year has been 15.29 submitted by the governor to the legislature as a part of a 15.30 budget request submitted during or within ten days before the 15.31 start of a regular legislative session, or unless specifically 15.32 authorized by law or as provided by this section. A budget 15.33 request submitted to the legislature according to this 15.34 subdivision must be submitted at least 20 days before the 15.35 deadline set by the legislature for legislative budget 15.36 committees to act on finance bills. 15.37 Sec. 3. Minnesota Statutes 2000, section 3.3005, 15.38 subdivision 3, is amended to read: 15.39 Subd. 3. [STATE MATCH.] If a request to spend federal 16.1 money is included in the governor's budget or spending the money 16.2 is authorized by law but the amount of federal money received 16.3 requires a state match greater than that included in the budget 16.4 request or authorized by law, the amount that requires an 16.5 additional state match may be allotted for expenditure after the 16.6 requirements of subdivision 5 or 6 are met. 16.7 Sec. 4. Minnesota Statutes 2000, section 3.3005, 16.8 subdivision 3a, is amended to read: 16.9 Subd. 3a. [CHANGE IN PURPOSE.] If a request to spend 16.10 federal money is included in a governor's budget request and 16.11 approved according to subdivision 2a, but the purpose for which 16.12 the money is to be used changes from the time of the request and 16.13 approval, the amount may be allotted for expenditure after a 16.14 revised request is submitted according to subdivision 2 or the 16.15 requirements of subdivision 5 or 6 are met. 16.16 Sec. 5. Minnesota Statutes 2000, section 3.3005, is 16.17 amended by adding a subdivision to read: 16.18 Subd. 3b. [INCREASE IN AMOUNT.] If a request to spend 16.19 federal money is included in a governor's budget request and 16.20 approved according to subdivision 2 or subdivision 5 and the 16.21 amount of money available increases after the request is made 16.22 and authorized, the additional amount may be allotted for 16.23 expenditure after a revised request is submitted according to 16.24 subdivision 2, or the requirements of subdivision 5 or 6 are met. 16.25 Sec. 6. Minnesota Statutes 2000, section 3.3005, 16.26 subdivision 4, is amended to read: 16.27 Subd. 4. [INTERIM PROCEDURES; URGENCIES.] If federal money 16.28 becomes available to the state for expenditure after the 16.29 deadline in subdivision 2 or while the legislature is not in 16.30 session, and the availability of money from that source or for 16.31 that purpose or in that fiscal year could not reasonably have 16.32 been anticipated and included in the governor's budget request, 16.33 and an urgency requires that all or part of the money be 16.34 allotted before the legislature reconvenes or prior to the end 16.35 of the 20 day period specified in subdivision 2, it may be 16.36 allotted to a state agency after the requirements of subdivision 17.1 5 are met. 17.2 Sec. 7. Minnesota Statutes 2000, section 3.3005, 17.3 subdivision 5, is amended to read: 17.4 Subd. 5. [LEGISLATIVE ADVISORY COMMISSION REVIEW.] Federal 17.5 money that becomes available under subdivisions 3and, 3a, 3b, 17.6 or 4 may be allotted after the commissioner of finance has 17.7 submitted the request to the members of the legislative advisory 17.8 commission for their review and recommendation for further 17.9 review. If a recommendation is not made within ten days, no 17.10 further review by the legislative advisory commission is 17.11 required, and the commissioner shall approve or disapprove the 17.12 request. If a recommendation by any member is for further 17.13 review the governor shall submit the request to the legislative 17.14 advisory commission for its review and recommendation. Failure 17.15 or refusal of the commission to make a recommendation promptly 17.16 is a negative recommendation. 17.17 Sec. 8. Minnesota Statutes 2000, section 3.3005, is 17.18 amended by adding a subdivision to read: 17.19 Subd. 6. [INTERIM PROCEDURES; NONURGENCIES.] If federal 17.20 money becomes available to the state for expenditure after the 17.21 deadline in subdivision 2 or while the legislature is not in 17.22 session, and subdivision 4 does not apply, a request to expend 17.23 the federal money may be submitted by the commissioner of 17.24 finance to members of the legislative advisory commission for 17.25 their review and recommendation. This request must be submitted 17.26 by October 1 of any year. If any member of the commission makes 17.27 a negative recommendation or a recommendation for further review 17.28 on a request by October 20 of the same year, the commissioner 17.29 shall not approve expenditure of that federal money. If a 17.30 request to expend federal money submitted under this subdivision 17.31 receives a negative recommendation or a recommendation for 17.32 further review, the request may be submitted again under 17.33 subdivision 2. If the members of the commission make a positive 17.34 recommendation or no recommendation, the commissioner shall 17.35 approve or disapprove the request and the federal money may be 17.36 allotted for expenditure. 18.1 Sec. 9. Minnesota Statutes 2000, section 3.305, is amended 18.2 by adding a subdivision to read: 18.3 Subd. 9. [PUBLIC INFORMATION.] The legislative 18.4 coordinating commission shall establish an office to provide 18.5 information to the public about the legislature, including 18.6 legislative process and legislative proceedings, and to perform 18.7 related duties as assigned by the commission. 18.8 Sec. 10. Minnesota Statutes 2000, section 3.305, is 18.9 amended by adding a subdivision to read: 18.10 Subd. 10. [TELEVISION.] The legislative coordinating 18.11 commission shall establish an office to provide for television 18.12 production and transmission of legislative proceedings, and to 18.13 perform related duties as assigned by the commission. 18.14 Sec. 11. [3.306] [MEETING TIMES.] 18.15 The house of representatives and the senate must adopt 18.16 rules that set one time as the regular hour of convening daily 18.17 sessions in both houses. 18.18 Sec. 12. [3.3061] [JOINT STANDING COMMITTEES.] 18.19 The house of representatives and the senate must adopt 18.20 rules that establish a system of joint standing committees to 18.21 consider and report on legislation and conduct other legislative 18.22 business, except that each house may establish separately a 18.23 committee on rules and administration and a committee on ethics. 18.24 Sec. 13. Minnesota Statutes 2000, section 3.85, 18.25 subdivision 3, is amended to read: 18.26 Subd. 3. [MEMBERSHIP.] The commission consists of five 18.27 members of the senate and two public members appointed by the 18.28 subcommittee on committees of the committee on rules and 18.29 administration and five members of the house of 18.30 representatives and two public members appointed by the 18.31 speaker. Public members must have expertise in pension issues. 18.32 Membersshallmust be appointed at the commencement of each 18.33 regular session of the legislature for a two-year term beginning 18.34 January 16 of the first year of the regular session. Members 18.35 continue to serve until their successors are appointed. 18.36 Vacancies that occur while the legislature is in sessionshall19.1 must be filled like regular appointments. If the legislature is 19.2 not in session, senate vacanciesshallmust be filled by the 19.3 last subcommittee on committees of the senate committee on rules 19.4 and administration or other appointing authority designated by 19.5 the senate rules, and house vacanciesshallmust be filled by 19.6 the last speaker of the house, or if the speaker is not 19.7 available, by the last chair of the house rules committee. A 19.8 legislator may not serve on the commission if the legislator has 19.9 a financial interest in a public pension fund, other than a 19.10 pension fund for legislators. 19.11 Sec. 14. Minnesota Statutes 2000, section 3.97, 19.12 subdivision 3a, is amended to read: 19.13 Subd. 3a. [EVALUATION TOPICS.] (a) The commission shall 19.14 periodically select topics for the legislative auditor to 19.15 evaluate. Topics may include any agency, program, or activity 19.16 established by law to achieve a state purpose, or any topic that 19.17 affects the operation of state government, but the commission 19.18 shall give primary consideration to topics that are likely, upon 19.19 examination, to produce recommendations for cost savings, 19.20 increased productivity, or the elimination of duplication among 19.21 public agencies. Legislators and legislative committees may 19.22 suggest topics for evaluation, but the legislative auditor shall 19.23 only conduct evaluations approved by the commission. 19.24 (b) In selecting program evaluation topics for the auditor, 19.25 the commission must consider directing the auditor to conduct 19.26 limited topic scoping reviews at the request of individual 19.27 legislators. Upon completion of the limited review, the 19.28 commission may direct the auditor to conduct a more complete 19.29 evaluation. 19.30 Sec. 15. Minnesota Statutes 2000, section 3.979, is 19.31 amended by adding a subdivision to read: 19.32 Subd. 5. [COMMISSIONER'S OPINION; LEGISLATIVE AUDITOR 19.33 ACCESS TO DATA.] If, after the commissioner of administration 19.34 issues an opinion under section 13.072 that a person requesting 19.35 access to data held by a state agency is entitled to that 19.36 access, the state agency continues to refuse to provide the data 20.1 or the person making the request is told that the data sought 20.2 does not exist, the legislative audit commission may instruct 20.3 the legislative auditor to review all state agency data related 20.4 to the request. Following the review, the legislative auditor 20.5 shall provide all public data obtained, if any, to the 20.6 legislative audit commission. 20.7 [EFFECTIVE DATE.] This section is effective July 1, 2001, 20.8 and applies to commissioner's opinions issued after that date. 20.9 Sec. 16. Minnesota Statutes 2000, section 3.98, 20.10 subdivision 2, is amended to read: 20.11 Subd. 2. [CONTENTS.] (a) The fiscal note, where possible, 20.12 shall: (1) cite the effect in dollar amounts; (2) cite the 20.13 statutory provisions affected; (3) estimate the increase or 20.14 decrease in revenues or expenditures; (4) include the costs 20.15 which may be absorbed without additional funds;and(5) include 20.16 the assumptions used in determining the cost estimates; and (6) 20.17 specify any long-range implication. 20.18 (b) The fiscal note may comment on technical or mechanical 20.19 defects in the bill but shall express no opinions concerning the 20.20 merits of the proposal. 20.21 Sec. 17. [3.99] [LEGISLATIVE COMMISSION ON METROPOLITAN 20.22 GOVERNMENT.] 20.23 Subdivision 1. [ESTABLISHED.] The legislative commission 20.24 on metropolitan government is established to oversee the 20.25 metropolitan council's operating and capital budgets, work 20.26 program, and capital improvement program. 20.27 Subd. 2. [MEMBERSHIP.] The commission consists of four 20.28 senators appointed by the senate subcommittee on committees of 20.29 the committee on rules and administration, three senators 20.30 appointed by the senate minority leader, four state 20.31 representatives appointed by the speaker of the house, and three 20.32 state representatives appointed by the house minority leader. 20.33 All members must reside in or represent a portion of the 20.34 seven-county metropolitan area. The appointing authorities must 20.35 insure balanced geographic representation. Each appointing 20.36 authority must make appointments as soon as possible after the 21.1 opening of the next regular session of the legislature in each 21.2 odd-numbered year. 21.3 Subd. 3. [TERMS; VACANCIES.] Members of the commission 21.4 serve for a two-year term beginning upon appointment and 21.5 expiring upon appointment of a successor after the opening of 21.6 the next regular session of the legislature in the odd-numbered 21.7 year. A vacancy in the membership of the commission must be 21.8 filled for the unexpired term in a manner that will preserve the 21.9 representation established by this section. 21.10 Subd. 4. [CHAIR.] The commission must meet as soon as 21.11 practicable after members are appointed in each odd-numbered 21.12 year to elect its chair and other officers as it may determine 21.13 necessary. A chair serves a two-year term, expiring in the 21.14 odd-numbered year after a successor is elected. The chair must 21.15 alternate biennially between the senate and the house. 21.16 Subd. 5. [COMPENSATION.] Members serve without 21.17 compensation but may be reimbursed for their reasonable expenses 21.18 as members of the legislature. 21.19 Subd. 6. [STAFF.] Legislative staff must provide 21.20 administrative and research assistance to the commission. 21.21 Subd. 7. [MEETINGS; PROCEDURES.] The commission meets at 21.22 the call of the chair. If there is a quorum, the commission may 21.23 take action by a simple majority vote of commission members 21.24 present. 21.25 Subd. 8. [POWERS; DUTIES; METROPOLITAN COUNCIL LEVY, 21.26 BUDGET OVERSIGHT.] The commission must monitor, review, and make 21.27 recommendations to the metropolitan council and to the 21.28 legislature for the following calendar year on: 21.29 (1) the tax rate and dollar amount of the metropolitan 21.30 council's property tax levies and any proposed increases in the 21.31 rate or dollar amount of tax; 21.32 (2) any request for an increase in the debt of the 21.33 metropolitan council; 21.34 (3) the overall work and role of the metropolitan council; 21.35 (4) the metropolitan council's proposed operating and 21.36 capital budgets, work program, and capital improvement program; 22.1 and 22.2 (5) the metropolitan council's implementation of the 22.3 operating and capital budgets, work program, and capital 22.4 improvement program. 22.5 Subd. 9. [POWERS; DUTIES; METROPOLITAN COUNCIL 22.6 APPOINTMENTS OVERSIGHT.] The commission must monitor 22.7 appointments to the metropolitan council and may make 22.8 recommendations on appointments to the nominating committee 22.9 under section 473.123, subdivision 3, or to the governor before 22.10 the governor makes the appointments. The commission may also 22.11 make recommendations to the senate before appointments are 22.12 presented to the senate for its advice and consent. 22.13 Sec. 18. Minnesota Statutes 2000, section 4A.05, 22.14 subdivision 1, is amended to read: 22.15 Subdivision 1. [PURPOSE.] The purpose of the land 22.16 management information center is to foster integration of land 22.17 use and environmental information and provide services in 22.18 computer mapping and graphics, environmental analysis, and small 22.19 systems development. The director, through the center, shall 22.20 periodically study land use and natural resources on the basis 22.21 of county, regional, and other political subdivisions. 22.22 Sec. 19. Minnesota Statutes 2000, section 4A.07, 22.23 subdivision 1, is amended to read: 22.24 Subdivision 1. [DEFINITIONS.] (a) "Local unit of 22.25 government" means a county, statutory or home rule charter city, 22.26 town, or watershed district. 22.27 (b) "Sustainable development" means development that 22.28maintains or enhances economic opportunity and community22.29well-beingpromotes and enhances the dynamic and adaptive nature 22.30 of communities while protectingand restoringthe natural 22.31 environmentupon which people and economies depend. Sustainable 22.32 development meets the needs of the present and recognizes that 22.33 adaptation in response to economic changes can be achieved 22.34 without compromising the ability of future generations to meet 22.35 their own needs. 22.36 Sec. 20. Minnesota Statutes 2000, section 4A.07, 23.1 subdivision 2, is amended to read: 23.2 Subd. 2. [PLANNING GUIDE.] The office of strategic and 23.3 long-range planning must develop and publish a planning guide 23.4 for local units of government to plan for sustainable 23.5 development, based on the principles of sustainabledevelopment23.6adopted by the environmental quality board with advice of the23.7governor's round table on sustainable developmentland use 23.8 planning as stated in this section. The office must make the 23.9 planning guide available to members of the public and to local 23.10 units of government within the state. 23.11 Sec. 21. Minnesota Statutes 2000, section 4A.07, 23.12 subdivision 4, is amended to read: 23.13 Subd. 4. [SPECIFICITY AND DISTRIBUTION.] Themodel23.14ordinanceplanning guide must specify the technical and 23.15 administrative proceduresto guide sustainable development.23.16When adopted by a local unit of government, the model ordinance23.17is the minimum regulation to guide sustainable development that23.18may be adoptedlocal units may use when developing land use 23.19 ordinances and controls. Upon completion, the office of 23.20 strategic and long-range planning must notify local units of 23.21 government that themodel ordinanceplanning guide is available, 23.22 and must distribute it to interested local units. The director 23.23 must also make an electronic version of the planning guide 23.24 available on the Internet free of charge through the North Star 23.25 information service. 23.26 Sec. 22. Minnesota Statutes 2000, section 4A.07, 23.27 subdivision 5, is amended to read: 23.28 Subd. 5. [PERIODIC REVIEW.] At least once every five 23.29 years, the planning office must review themodel ordinance23.30 planning guide and its use with local units of government to 23.31 ensure its continued applicability and relevance. 23.32 Sec. 23. Minnesota Statutes 2000, section 4A.08, is 23.33 amended to read: 23.34 4A.08 [COMMUNITY-BASEDSUSTAINABLE LAND USE PLANNING 23.35 GOALS.] 23.36 Subdivision 1. [GOALS.] The goals ofcommunity-based24.1 sustainable land use planning are: 24.2 (1) [CITIZENRESIDENT PARTICIPATION.] To develop a 24.3community-basedlocal planning processwith broad citizen24.4participation in order to build local capacity to plan for24.5sustainable development and to benefit from the insights,24.6knowledge, and support of local residentsbuilt upon input from 24.7 members of the community. The plans should ensure that land use 24.8 controls remain flexible in order to accommodate consumer-driven 24.9 changes in land use. The processmustshould includeat least24.10one citizen fromlocal residents and area businesses, including 24.11 land development professionals, and representatives from each 24.12 affected unit of local government; 24.13 (2) [COOPERATION.] To promote cooperation among 24.14 communities to work towardsthe most efficient, planned, and24.15 cost-effective delivery of government servicesby, among other24.16means, facilitating cooperative agreements among adjacent24.17communities and to coordinate planning to ensure compatibility24.18of one community's development with development of neighboring24.19communities; 24.20 (3)[ECONOMIC DEVELOPMENT.] To create sustainable economic24.21development strategies and provide economic opportunities24.22throughout the state that will achieve a balanced distribution24.23of growth statewide;24.24(4)[CONSERVATION.] To protect, preserve, and enhancethe24.25state'snatural resources, including agricultural land, forests, 24.26 surface water and groundwater, recreation and open space, scenic 24.27 areas, and significant historic and archaeological sites; 24.28(5) [LIVABLE COMMUNITY DESIGN.] To strengthen communities24.29by following the principles of livable community design in24.30development and redevelopment, including integration of all24.31income and age groups, mixed land uses and compact development,24.32affordable and life-cycle housing, green spaces, access to24.33public transit, bicycle and pedestrian ways, and enhanced24.34aesthetics and beauty in public spaces;24.35(6) [HOUSING.] To provide and preserve an adequate supply24.36of affordable and life-cycle housing throughout the state;25.1(7) [TRANSPORTATION.] To focus on the movement of people25.2and goods, rather than on the movement of automobiles, in25.3transportation planning, and to maximize the efficient use of25.4the transportation infrastructure by increasing the availability25.5and use of appropriate public transit throughout the state25.6through land-use planning and design that makes public transit25.7economically viable and desirable;25.8(8) [LAND-USE PLANNING.] To establish a community-based25.9framework as a basis for all decisions and actions related to25.10land use;25.11(9) [PUBLIC INVESTMENTS.] To account for the full25.12environmental, social, and economic costs of new development,25.13including infrastructure costs such as transportation, sewers25.14and wastewater treatment, water, schools, recreation, and open25.15space, and plan the funding mechanisms necessary to cover the25.16costs of the infrastructure;25.17(10) [PUBLIC EDUCATION.] To support research and public25.18education on a community's and the state's finite capacity to25.19accommodate growth, and the need for planning and resource25.20management that will sustain growth; and25.21(11) [SUSTAINABLE DEVELOPMENT.] To provide a better25.22quality of life for all residents while maintaining nature's25.23ability to function over time by minimizing waste, preventing25.24pollution, promoting efficiency, and developing local resources25.25to revitalize the local economy.25.26 (4) [PRESERVE LOCAL AUTONOMY.] To avoid prescriptive, 25.27 centralized plans that attempt to determine the detailed outcome 25.28 of community form and function. Such "comprehensive" plans 25.29 interfere with the dynamic and adaptive nature of communities; 25.30 (5) [ACCOMMODATE RESIDENT CHOICES.] To allow population 25.31 densities and land uses that are community driven and avoid 25.32 inflexible, centrally directed land use decisions that may 25.33 result in unforeseen consequences; 25.34 (6) [PRESERVE PROPERTY RIGHTS.] To incorporate private 25.35 property rights in local planning procedures as a fundamental 25.36 element of both economic development and environmental 26.1 protection. Problems of incompatible or conflicting land uses 26.2 are better resolved through the common law principles of 26.3 nuisance than through zoning regulations which tend to be rigid 26.4 and inefficient; 26.5 (7) [PAY AS YOU GROW.] To evaluate sustainable land use 26.6 plans and other local growth management policies according to 26.7 their cost of living and burden-shifting effects. Urban growth 26.8 boundaries, minimum lot sizes, population density ratios, 26.9 restrictions on housing development, restrictions on commercial 26.10 development, and other limits on freely functioning land markets 26.11 increase burdens on lower income groups and should be avoided; 26.12 and 26.13 (8) [DIVERSE PERSPECTIVES.] To develop sustainable land 26.14 use plans that are based on comprehensive research as well as 26.15 citizen preferences is crucial to the continued progress of 26.16 local communities. 26.17 Subd. 2. [CONSISTENCY WITH GOALS.] State agencies must 26.18 ensure to the greatest extent possible that their objectives, 26.19 plans, and programs are not in conflict with the sustainable 26.20 land use planning goals in subdivision 1. 26.21 Sec. 24. Minnesota Statutes 2000, section 4A.09, is 26.22 amended to read: 26.23 4A.09 [TECHNICAL ASSISTANCE.] 26.24 The office shall provide local governments technical and 26.25 financial assistance in preparingtheir comprehensive26.26 sustainable land use planstothat meet thecommunity-based26.27planninggoals in section 4A.08. 26.28 Sec. 25. Minnesota Statutes 2000, section 4A.10, is 26.29 amended to read: 26.30 4A.10 [PLAN REVIEW AND COMMENT.] 26.31 The office of strategic and long-range planning shall, over 26.32 time, compile and reviewand comment on community-based26.33comprehensiveall local land use plansprepared bybeing 26.34 developed or currently in effect for counties,including the26.35community-based comprehensive plans ofmunicipalities, and towns 26.36that are incorporated into a county's plan, as required in27.1section 394.232, subdivision 3. The purpose of this review is 27.2 to determine the extent to which local land use plans conform 27.3 with section 4A.08. Local units must provide copies of their 27.4 completed plans or draft plans to the office as requested. The 27.5 director must insure that this review does not interfere with 27.6 the office's responsibility to provide planning assistance. 27.7 Sec. 26. [4A.11] [PLANNING ASSISTANCE.] 27.8 Subdivision 1. [DEFINITION.] "Planning assistance" means 27.9 but is not limited to: guidance documents to aid local units of 27.10 government in compiling agreements, ordinances, and 27.11 organizational structures for the planning process, capital 27.12 improvement planning, housing, economic development, and public 27.13 participation; coordination of state agency involvement in local 27.14 sustainable planning, including identification of regional areas 27.15 that are owned, leased or otherwise controlled by the state; 27.16 application of geographical information systems and other 27.17 technology; and population projections, estimates, and other 27.18 available data including soils, geology, natural areas, and 27.19 other physical data. 27.20 Subd. 2. [MINNESOTA PLANNING TO PROVIDE ASSISTANCE.] The 27.21 office of strategic and long-range planning shall provide 27.22 planning assistance to local units of government, including 27.23 assistance to meet the planning goals in section 4A.08. The 27.24 office shall provide technical assistance and review and comment 27.25 on land use plans prepared by counties, municipalities, and 27.26 towns, and it may not withhold assistance from local governments 27.27 that chose to deviate from recommendations offered by the 27.28 office. The office shall place a priority on requests for 27.29 assistance from townships and small cities. 27.30 Sec. 27. [5.075] [SECRETARY OF STATE REVOLVING FUND.] 27.31 Notwithstanding other law to the contrary, all fees and 27.32 other revenue received by the secretary of state, other than 27.33 fees related to election duties, must be deposited in a 27.34 secretary of state revolving fund. Money in the fund is 27.35 continuously appropriated to the secretary of state. 27.36 Sec. 28. [6.025] [STATE AUDITOR REVOLVING FUND.] 28.1 All revenue from billings and other fees received by the 28.2 state auditor must be deposited in a state auditor revolving 28.3 fund. Money in the fund is continuously appropriated to the 28.4 state auditor. 28.5 Sec. 29. Minnesota Statutes 2000, section 6.48, is amended 28.6 to read: 28.7 6.48 [EXAMINATION OF COUNTIES; COST, FEES.] 28.8 All the powers and duties conferred and imposed upon the 28.9 state auditor shall be exercised and performed by the state 28.10 auditor in respect to the offices, institutions, public 28.11 property, and improvements of several counties of the state. At 28.12 least once in each year, if funds and personnel permit, the 28.13 state auditor shall visit, without previous notice, each county 28.14 and make a thorough examination of all accounts and records 28.15 relating to the receipt and disbursement of the public funds and 28.16 the custody of the public funds, including the game and fish 28.17 funds, and other property. The state auditor shall prescribe 28.18 and install systems of accounts and financial reports that shall 28.19 be uniform, so far as practicable, for the same class of 28.20 offices. A copy of the report of such examination shall be 28.21 filed and be subject to public inspection in the office of the 28.22 state auditor and another copy in the office of the auditor of 28.23 the county thus examined. The state auditor may accept the 28.24 records and audit, or any part thereof, of the department of 28.25 human services in lieu of examination of the county social 28.26 welfare funds, if such audit has been made within any period 28.27 covered by the state auditor's audit of the other records of the 28.28 county. If any such examination shall disclose malfeasance, 28.29 misfeasance, or nonfeasance in any office of such county, such 28.30 report shall be filed with the county attorney of the county, 28.31 and the county attorney shall institute such civil and criminal 28.32 proceedings as the law and the protection of the public 28.33 interests shall require. 28.34 The county receiving such examination, and the division of 28.35 game and fish of the department of natural resources of the 28.36 state of Minnesota, in the case of the examination of the game 29.1 and fish funds, shall pay to the stategeneralauditor revolving 29.2 fund, notwithstanding the provisions of section 16A.125, the 29.3 total cost and expenses of such examinations, including the 29.4 salaries paid to the examiners while actually engaged in making 29.5 such examination. The state auditor on deeming it advisable may 29.6 bill counties, having a population of 200,000 or over, monthly 29.7 for services rendered and the officials responsible for 29.8 approving and paying claims shall cause said bill to be promptly 29.9 paid. Thegeneralstate auditor revolving fund shall be 29.10 credited with all collections made for any such examinations. 29.11 Sec. 30. Minnesota Statutes 2000, section 6.56, 29.12 subdivision 2, is amended to read: 29.13 Subd. 2. [BILLINGS BY STATE AUDITOR.] Upon the examination 29.14 of the books, records, accounts, and affairs of any political 29.15 subdivision, as provided by law, such political subdivision 29.16 shall be liable to the state for the total cost and expenses of 29.17 such examination, including the salaries paid to the examiners 29.18 while actually engaged in making such examination. The state 29.19 auditor may bill such political subdivision monthly for service 29.20 rendered and the officials responsible for approving and paying 29.21 claims are authorized to pay said bill promptly. Said payments 29.22 shall be without prejudice to any defense against said claims 29.23 that may exist or be asserted. Thegeneralstate auditor 29.24 revolving fund shall be credited with all collections made for 29.25 any such examinations, including interest payments made pursuant 29.26 to subdivision 3. 29.27 Sec. 31. Minnesota Statutes 2000, section 6.58, is amended 29.28 to read: 29.29 6.58 [GENERAL FUND.] 29.30 Thegeneralstate auditor revolving fund shall be used to 29.31 provide personnel, pay other expenses, and for the acquisition 29.32 of equipment used in connection with reimbursable examinations 29.33 and other duties pursuant to law. When full-time personnel are 29.34 not available, the state auditor may contract with private 29.35 persons, firms, or corporations for accounting and other 29.36 technical services. Notwithstanding any law to the contrary, 30.1 the acquisition of equipment may include duplicating equipment 30.2 to be used in producing the reports issued by the department. 30.3 All receipts from such reimbursable examinations shall be 30.4 deposited in the general fund. The state auditor is directed to 30.5 adjust the schedule of charges for such examinations to provide 30.6 that such charges shall be sufficient to cover all costs of such 30.7 examinations and that the aggregate charges collected shall be 30.8 sufficient to pay all salaries and other expenses including 30.9 charges for the use of the equipment used in connection with 30.10 such reimbursable examinations and including the cost of 30.11 contracting for accounting and other technical services. The 30.12 schedule of charges shall be based upon an estimate of the cost 30.13 of performing reimbursable examinations including, but not 30.14 limited to, salaries, office overhead, equipment, authorized 30.15 contracts, and other expenses. The state auditor may allocate a 30.16 proportionate part of the total costs to an hourly or daily 30.17 charge for each person or class of persons engaged in the 30.18 performance of an examination. The schedule of charges shall 30.19 reflect an equitable charge for the expenses incurred in the 30.20 performance of any given examination. The state auditor shall 30.21 review and adjust the schedule of charges for such examinations 30.22 at least annually and have all schedules of charges approved by 30.23 the commissioner of finance before they are adopted so as to 30.24 ensure that the amount collected shall be sufficient to pay all 30.25 the costs connected with such examinations during the fiscal 30.26 year. 30.27 Sec. 32. Minnesota Statutes 2000, section 7.09, 30.28 subdivision 1, is amended to read: 30.29 Subdivision 1. [PROCEDURE.] The state treasurer is 30.30 authorized to receive and accept, on behalf of the state, any 30.31 gift, bequest, devise, or endowment which may be made by any 30.32 person, by will, deed, gift, or otherwise, to or for the benefit 30.33 of the state, or any of its departments or agencies, or to or in 30.34 aid, or for the benefit, support, or maintenance of any 30.35 educational, charitable, or other institution maintained in 30.36 whole or in part by the state, or for the benefit of students, 31.1 employees, or inmates thereof, or for any proper state purpose 31.2 or function, and the money, property, or funds constituting such 31.3 gift, bequest, devise, or endowment. No such gift, bequest, 31.4 devise, or endowmentwhose value is equal to or exceeds $10,00031.5 shall be so accepted unlessthe commissioner of finance andthe 31.6 state treasurerdeterminedetermines that it is for the interest 31.7 of the state to accept it, and approve of and direct the 31.8 acceptance.If the value is less than $10,000, only the state31.9treasurer need determine that it is for the interest of the31.10state to accept it, and approve of and direct the31.11acceptance.If a gift, bequest, devise, or endowment is money 31.12 or other negotiable instruments, then the deposit of it does not 31.13 constitute acceptance. In the event that the money or other 31.14 negotiable instruments are deposited but not approved, the 31.15 amount deposited must be refunded. When, in order to effect the 31.16 purpose for which any gift, bequest, devise, or endowment has 31.17 been accepted, it is necessary to sell property so received, the 31.18 state treasurer, upon request of the authority in charge of the 31.19 agency, department, or institution concerned, may sell it at a 31.20 price which shall be fixed by the state board of investment. 31.21 Sec. 33. Minnesota Statutes 2000, section 8.15, 31.22 subdivision 1, is amended to read: 31.23 Subdivision 1. [FEESCHEDULESPROHIBITED.]The attorney31.24general in consultation with the commissioner of finance shall31.25develop a fee schedule to be used by the attorney general in31.26developing the agreements authorized in subdivision 3. The31.27attorney general must submit a billing rate for the next31.28biennium to the commissioner of finance by August 1 of each31.29even-numbered year.31.30 The attorney general may not assess a county any fee for 31.31 legal services rendered in connection with a commitment 31.32 proceeding under section 253B.185 for which the attorney general 31.33 assumes responsibility under section 8.01. 31.34 [EFFECTIVE DATE.] This section is effective July 1, 2003. 31.35 Sec. 34. Minnesota Statutes 2000, section 8.15, 31.36 subdivision 2, is amended to read: 32.1 Subd. 2. [BIENNIAL BUDGET REQUEST.](a) The attorney32.2general in consultation with the commissioner of finance shall32.3designate whichAll agencieswillserved by the attorney general 32.4 must have their legalservice requests included in theservices 32.5 funded through the budgetrequestof the attorney general. 32.6(b) All other agencies, in consultation with the attorney32.7general and the commissioner of finance, shall include a request32.8for legal services in their biennial budget requests.32.9(c) The budget request of the attorney general must include32.10a consolidated listing that shows on one page all the32.11appropriations that will be used to support the office of the32.12attorney general and the finance division from which they will32.13be requested.32.14 [EFFECTIVE DATE.] This section is effective July 1, 2003. 32.15 Sec. 35. Minnesota Statutes 2000, section 8.15, 32.16 subdivision 3, is amended to read: 32.17 Subd. 3. [AGREEMENTS.](a) To facilitate the delivery of32.18legal services,The attorney general may: 32.19 (1) enter into agreements withexecutive branch agencies,32.20 political subdivisions,or quasi-state agencies to provide legal 32.21 services for the benefit of the citizens of Minnesota; and 32.22 (2) in addition to funds otherwise appropriated by the 32.23 legislature, accept and spend funds received under any agreement 32.24 authorized in clause (1) for the purpose set forth in clause 32.25 (1), subject to a report of receipts to the chairs of the senate 32.26 finance committee and the house ways and means committee by 32.27 October 15 each year. 32.28 (b) When entering into an agreement for legal services, the 32.29 attorney general must notify the committees responsible for 32.30 funding the office of the attorney general. When the attorney 32.31 general enters into an agreement with a state agency, the 32.32 attorney general must also notify the committees responsible for 32.33 funding that agency. 32.34 Funds received under this subdivision must be deposited in 32.35 the general fund and are appropriated to the attorney general 32.36 for the purposes set forth in this subdivision. 33.1 [EFFECTIVE DATE.] This section is effective July 1, 2003. 33.2 Sec. 36. Minnesota Statutes 2000, section 10A.01, 33.3 subdivision 21, is amended to read: 33.4 Subd. 21. [LOBBYIST.] (a) "Lobbyist" means an individual: 33.5 (1) engaged for pay or other consideration, or authorized 33.6 to spend money by another individual, association, political 33.7 subdivision, or public higher education system, who spends more 33.8 than five hours in any month or more than $250, not including 33.9 the individual's own travel expenses and membership dues, in any 33.10 year, for the purpose of attempting to influence legislative or 33.11 administrative action, or the official action of a metropolitan 33.12 governmental unit, by communicating or urging others to 33.13 communicate with public or local officials; or 33.14 (2) who spends more than $250, not including the 33.15 individual's own traveling expenses and membership dues, in any 33.16 year for the purpose of attempting to influence legislative or 33.17 administrative action, or the official action of a metropolitan 33.18 governmental unit, by communicating or urging others to 33.19 communicate with public or local officials. 33.20 (b) "Lobbyist" does not include: 33.21 (1) a public official; 33.22 (2) an employee of the state, including an employee of any 33.23 of the public higher education systems; 33.24 (3) an elected local official; 33.25 (4) a nonelected local official or an employee of a 33.26 political subdivision acting in an official capacity, unless the 33.27 nonelected official or employee of a political subdivision 33.28 spends more than50five hours in any month attempting to 33.29 influence legislative or administrative action, or the official 33.30 action of a metropolitan governmental unit other than the 33.31 political subdivision employing the official or employee, by 33.32 communicating or urging others to communicate with public or 33.33 local officials, including time spent monitoring legislative or 33.34 administrative action, or the official action of a metropolitan 33.35 governmental unit, and related research, analysis, and 33.36 compilation and dissemination of information relating to 34.1 legislative or administrative policy in this state, or to the 34.2 policies of metropolitan governmental units; 34.3 (5) a party or the party's representative appearing in a 34.4 proceeding before a state board, commission, or agency of the 34.5 executive branch unless the board, commission, or agency is 34.6 taking administrative action; 34.7 (6) an individual while engaged in selling goods or 34.8 services to be paid for by public funds; 34.9 (7) a news medium or its employees or agents while engaged 34.10 in the publishing or broadcasting of news items, editorial 34.11 comments, or paid advertisements which directly or indirectly 34.12 urge official action; 34.13 (8) a paid expert witness whose testimony is requested by 34.14 the body before which the witness is appearing, but only to the 34.15 extent of preparing or delivering testimony; or 34.16 (9) a party or the party's representative appearing to 34.17 present a claim to the legislature and communicating to 34.18 legislators only by the filing of a claim form and supporting 34.19 documents and by appearing at public hearings on the claim. 34.20 Sec. 37. Minnesota Statutes 2000, section 11A.075, is 34.21 amended to read: 34.22 11A.075 [DISCLOSUREOF EXPENSE REIMBURSEMENT.] 34.23 (a) A member or employee of the state board must annually 34.24 disclose expenses paid for or reimbursed by: (1) each 34.25 investment advisor, consultant, or outside money manager under 34.26 contract to the state board; (2) each investment advisor, 34.27 consultant, or outside money manager that has bid on a contract 34.28 offered by the state board during that year; and (3) each 34.29 business, including officers or employees of the business, in 34.30 which the state board has invested money under the board's 34.31 control during the annual reporting period. The disclosure 34.32 requirement of this paragraph does not apply to expenses or 34.33 reimbursements from an investment advisor, consultant, money 34.34 manager or business if the board member or employee received 34.35 less than $50 during the annual reporting period from that 34.36 person or entity. 35.1 (b) For purposes of this section, expenses include payments 35.2 or reimbursements for meals, entertainment, transportation, 35.3 lodging, and seminars. 35.4 (c) A member of the state board must disclose any contract 35.5 or other arrangement under which the member will perform 35.6 services for compensation as a consultant, employee, or 35.7 independent contractor for a person or entity other than the 35.8 state. The disclosure must include the person or entity for 35.9 whom services will be performed, the duration of the 35.10 arrangement, and the compensation that the member of the state 35.11 board will receive under the arrangement. The disclosure must 35.12 be made to the campaign finance and public disclosure board on a 35.13 form provided by the board. Disclosure must be made before the 35.14 member begins to perform the services, or within 30 days after 35.15 the member agrees to perform the services, whichever is sooner. 35.16 (d) The disclosure required bythis sectionparagraph (a) 35.17 must be filed with the campaign finance and public disclosure 35.18 board by April 15 each year. Each disclosure report must cover 35.19 the previous calendar year. The statement must be on a form 35.20 provided by the campaign finance and public disclosure board. 35.21 An individual who fails to file the form required by this 35.22 section or who files false information, is subject to penalties 35.23 specified in sections 10A.09 and 10A.025, subdivision 2. 35.24 Sec. 38. Minnesota Statutes 2000, section 15.059, 35.25 subdivision 5a, is amended to read: 35.26 Subd. 5a. [LATER EXPIRATION.] Notwithstanding subdivision 35.27 5, the advisory councils and committees listed in this 35.28 subdivision do not expire June 30, 1997. These groups expire 35.29 June 30, 2001, unless the law creating the group or this 35.30 subdivision specifies an earlier expiration date. 35.31 Investment advisory council, created in section 11A.08; 35.32 Intergovernmental information systems advisory council, 35.33 created in section 16B.42, expires June 30, 1999; 35.34 Feedlot and manure management advisory committee, created 35.35 in section 17.136; 35.36 Aquaculture advisory committee, created in section 17.49; 36.1 Dairy producers board, created in section 17.76; 36.2 Pesticide applicator education and examination review 36.3 board, created in section 18B.305; 36.4 Advisory seed potato certification task force, created in 36.5 section 21.112; 36.6 Food safety advisory committee, created in section 28A.20; 36.7 Minnesota organic advisory task force, created in section 36.8 31.95; 36.9 Public programs risk adjustment work group, created in 36.10 section 62Q.03; 36.11 Workers' compensation self-insurers' advisory committee, 36.12 created in section 79A.02; 36.13 Youth corps advisory committee, created in section 84.0887; 36.14 Iron range off-highway vehicle advisory committee, created 36.15 in section 85.013; 36.16 Mineral coordinating committee, created in section 93.002; 36.17 Game and fish fund citizen advisory committees, created in 36.18 section 97A.055; 36.19 Wetland heritage advisory committee, created in section 36.20 103G.2242; 36.21 Wastewater treatment technical advisory committee, created 36.22 in section 115.54; 36.23 Solid waste management advisory council, created in section 36.24 115A.12; 36.25 Nuclear waste council, created in section 116C.711; 36.26 Genetically engineered organism advisory committee, created 36.27 in section 116C.93; 36.28 Environment and natural resources trust fund advisory 36.29 committee, created in section 116P.06; 36.30 Child abuse prevention advisory council, created in section 36.31 119A.13; 36.32 Chemical abuse and violence prevention council, created in 36.33 section 119A.293; 36.34 Youth neighborhood centers advisory board, created in 36.35 section 119A.295; 36.36 Interagency coordinating council, created in section 37.1 125A.28, expires June 30, 1999; 37.2 Desegregation/integration advisory board, created in 37.3 section 124D.892; 37.4 Nonpublic education council, created in section 123B.445; 37.5 Permanent school fund advisory committee, created in 37.6 section 127A.30; 37.7 Indian scholarship committee, created in section 124D.84, 37.8 subdivision 2; 37.9 American Indian education committees, created in section 37.10 124D.80; 37.11 Summer scholarship advisory committee, created in section 37.12 124D.95; 37.13 Multicultural education advisory committee, created in 37.14 section 124D.894; 37.15 Male responsibility and fathering grants review committee, 37.16 created in section 124D.33; 37.17 Library for the blind and physically handicapped advisory 37.18 committee, created in section 134.31; 37.19 Higher education advisory council, created in section 37.20 136A.031; 37.21 Student advisory council, created in section 136A.031; 37.22 Cancer surveillance advisory committee, created in section 37.23 144.672; 37.24 Maternal and child health task force, created in section 37.25 145.881; 37.26 State community health advisory committee, created in 37.27 section 145A.10; 37.28Mississippi River Parkway commission, created in section37.29161.1419;37.30 School bus safety advisory committee, created in section 37.31 169.435; 37.32 Advisory council on workers' compensation, created in 37.33 section 175.007; 37.34 Code enforcement advisory council, created in section 37.35 175.008; 37.36 Medical services review board, created in section 176.103; 38.1 Apprenticeship advisory council, created in section 178.02; 38.2 OSHA advisory council, created in section 182.656; 38.3 Health professionals services program advisory committee, 38.4 created in section 214.32; 38.5 Rehabilitation advisory council for the blind, created in 38.6 section 248.10; 38.7 American Indian advisory council, created in section 38.8 254A.035; 38.9 Alcohol and other drug abuse advisory council, created in 38.10 section 254A.04; 38.11 Medical assistance drug formulary committee, created in 38.12 section 256B.0625; 38.13 Home care advisory committee, created in section 256B.071; 38.14 Preadmission screening, alternative care, and home and 38.15 community-based services advisory committee, created in section 38.16 256B.0911; 38.17 Traumatic brain injury advisory committee, created in 38.18 section 256B.093; 38.19 Minnesota commission serving deaf and hard-of-hearing 38.20 people, created in section 256C.28; 38.21 American Indian child welfare advisory council, created in 38.22 section 260.835; 38.23 Juvenile justice advisory committee, created in section 38.24 268.29; 38.25 Northeast Minnesota economic development fund technical 38.26 advisory committees, created in section 298.2213; 38.27 Iron range higher education committee, created in section 38.28 298.2214; 38.29 Northeast Minnesota economic protection trust fund 38.30 technical advisory committee, created in section 298.297; 38.31 Advisory council on battered women and domestic abuse, 38.32 created in section 611A.34. 38.33 Sec. 39. Minnesota Statutes 2000, section 15.50, 38.34 subdivision 2, is amended to read: 38.35 Subd. 2. [CAPITOL AREA PLAN.] (a) The board shall prepare, 38.36 prescribe, and from time to time, after a public hearing, amend 39.1 a comprehensive use plan for the capitol area, called the area 39.2 in this subdivision, which consists of that portion of the city 39.3 of Saint Paul comprehended within the following boundaries: 39.4 Beginning at the point of intersection of the center line of the 39.5 Arch-Pennsylvania freeway and the center line of Marion Street, 39.6 thence southerly along the center line of Marion Street extended 39.7 to a point 50 feet south of the south line of Concordia Avenue, 39.8 thence southeasterly along a line extending 50 feet from the 39.9 south line of Concordia Avenue to a point 125 feet from the west 39.10 line of John Ireland Boulevard, thence southwesterly along a 39.11 line extending 125 feet from the west line of John Ireland 39.12 Boulevard to the south line of Dayton Avenue, thence 39.13 northeasterly from the south line of Dayton Avenue to the west 39.14 line of John Ireland Boulevard, thence northeasterly to the 39.15 center line of the intersection of Old Kellogg Boulevard and 39.16 Summit Avenue, thence northeasterly along the center line of 39.17 Summit Avenue to the center line of the new West Kellogg 39.18 Boulevard, thence southerly along the east line of the new West 39.19 Kellogg Boulevard, to the center line of West Seventh Street, 39.20 thence northeasterly along the center line of West Seventh 39.21 Street to the center line of the Fifth Street ramp, thence 39.22 northwesterly along the center line of the Fifth Street ramp to 39.23 the east line of the right-of-way of Interstate Highway 35-E, 39.24 thence northeasterly along the east line of the right-of-way of 39.25 Interstate Highway 35-E to the south line of the right-of-way of 39.26 Interstate Highway 94, thence easterly along the south line of 39.27 the right-of-way of Interstate Highway 94 to the west line of 39.28 St. Peter Street, thence southerly to the south line of Exchange 39.29 Street, thence easterly along the south line of Exchange Street 39.30 to the west line of Cedar Street, thence northerly along the 39.31 west line of Cedar Street to the center line of Tenth Street, 39.32 thence northeasterly along the center line of Tenth Street to 39.33 the center line of Minnesota Street, thence northwesterly along 39.34 the center line of Minnesota Street to the center line of 39.35 Eleventh Street, thence northeasterly along the center line of 39.36 Eleventh Street to the center line of Jackson Street, thence 40.1 northwesterly along the center line of Jackson Street to the 40.2 center line of the Arch-Pennsylvania freeway extended, thence 40.3 westerly along the center line of the Arch-Pennsylvania freeway 40.4 extended and Marion Street to the point of origin. 40.5 Under the comprehensive plan, or a portion of it, the board 40.6 may regulate, by means of zoning rules adopted under the 40.7 Administrative Procedure Act, the kind, character, height, and 40.8 location, of buildings and other structures constructed or used, 40.9 the size of yards and open spaces, the percentage of lots that 40.10 may be occupied, and the uses of land, buildings and other 40.11 structures, within the area. To protect and enhance the 40.12 dignity, beauty, and architectural integrity of the capitol 40.13 area, the board is further empowered to include in its zoning 40.14 rules design review procedures and standards with respect to any 40.15 proposed construction activities in the capitol area 40.16 significantly affecting the dignity, beauty, and architectural 40.17 integrity of the area. No person may undertake these 40.18 construction activities as defined in the board's rules in the 40.19 capitol area without first submitting construction plans to the 40.20 board, obtaining a zoning permit from the board, and receiving a 40.21 written certification from the board specifying that the person 40.22 has complied with all design review procedures and standards. 40.23 Violation of the zoning rules is a misdemeanor. The board may, 40.24 at its option, proceed to abate any violation by injunction. 40.25 The board and the city of Saint Paul shall cooperate in assuring 40.26 that the area adjacent to the capitol area is developed in a 40.27 manner that is in keeping with the purpose of the board and the 40.28 provisions of the comprehensive plan. 40.29 (b) The commissioner of administration shall act as a 40.30 consultant to the board with regard to the physical structural 40.31 needs of the state. The commissioner shall make studies and 40.32 report the results to the board when it requests reports for its 40.33 planning purpose. 40.34 (c) No public building, street, parking lot, or monument, 40.35 or other construction may be built or altered on any public 40.36 lands within the area unless the plans for the project conform 41.1 to the comprehensive use plan as specified in paragraph (d) and 41.2 to the requirement for competitive plans as specified in 41.3 paragraph (e). No alteration substantially changing the 41.4 external appearance of any existing public building approved in 41.5 the comprehensive plan or the exterior or interior design of any 41.6 proposed new public building the plans for which were secured by 41.7 competition under paragraph (e) may be made without the prior 41.8 consent of the board. The commissioner of administration shall 41.9 consult with the board regarding internal changes having the 41.10 effect of substantially altering the architecture of the 41.11 interior of any proposed building. 41.12 (d) The comprehensive plan must show the existing land uses 41.13 and recommend future uses including: areas for public taking 41.14 and use; zoning for private land and criteria for development of 41.15 public land, including building areas, open spaces, monuments, 41.16 and other memorials; vehicular and pedestrian circulation; 41.17 utilities systems; vehicular storage; elements of landscape 41.18 architecture. No substantial alteration or improvement may be 41.19 made to public lands or buildings in the area without the 41.20 written approval of the board. 41.21 (e) The board shall secure by competitions plans for any 41.22 new public building. Plans for any comprehensive plan, 41.23 landscaping scheme, street plan, or property acquisition that 41.24 may be proposed, or for any proposed alteration of any existing 41.25 public building, landscaping scheme or street plan may be 41.26 secured by a similar competition. A competition must be 41.27 conducted under rules prescribed by the board and may be of any 41.28 type which meets the competition standards of the American 41.29 Institute of Architects. Designs selected become the property 41.30 of the state of Minnesota, and the board may award one or more 41.31 premiums in each competition and may pay the costs and fees that 41.32 may be required for its conduct. At the option of the board, 41.33 plans for projects estimated to cost less than $1,000,000 may be 41.34 approved without competition provided the plans have been 41.35 considered by the advisory committee described in paragraph 41.36 (h). Plans for projects estimated to cost less than $400,000 42.1 and for construction of streets need not be considered by the 42.2 advisory committee if in conformity with the comprehensive plan. 42.3 (f) Notwithstanding paragraph (e), an architectural 42.4 competition is not required for the design of any light rail 42.5 transit station and alignment within the capitol area. The 42.6 board and its advisory committee shall select a preliminary 42.7 design for any transit station in the capitol area. Each stage 42.8 of any station's design through working drawings must be 42.9 reviewed by the board's advisory committee and approved by the 42.10 board to ensure that the station's design is compatible with the 42.11 comprehensive plan for the capitol area and the board's design 42.12 criteria. The guideway and track design of any light rail 42.13 transit alignment within the capitol area must also be reviewed 42.14 by the board's advisory committee and approved by the board. 42.15 (g) Of the amount available for the light rail transit 42.16 design, adequate funds must be available to the board for design 42.17 framework studies and review of preliminary plans for light rail 42.18 transit alignment and stations in the capitol area. 42.19 (h) The board may not adopt any plan under paragraph (e) 42.20 unless it first receives the comments and criticism of an 42.21 advisory committee of three persons, each of whom is either an 42.22 architect or a planner, who have been selected and appointed as 42.23 follows: one by the board of the arts, one by the board, and 42.24 one by the Minnesota Society of the American Institute of 42.25 Architects. Members of the committee may not be contestants 42.26 under paragraph (e). The comments and criticism must be a 42.27 matter of public information. The committee shall advise the 42.28 board on all architectural and planning matters. For that 42.29 purpose, the committee must be kept currently informed 42.30 concerning, and have access to, all data, including all plans, 42.31 studies, reports and proposals, relating to the area as the data 42.32 are developed or in the process of preparation, whether by the 42.33 commissioner of administration, the commissioner of trade and 42.34 economic development, the metropolitan council, the city of 42.35 Saint Paul, or by any architect, planner, agency or 42.36 organization, public or private, retained by the board or not 43.1 retained and engaged in any work or planning relating to the 43.2 area, and a copy of any data prepared by any public employee or 43.3 agency must be filed with the board promptly upon completion. 43.4 The board may employ stenographic or technical help that 43.5 may be reasonable to assist the committee to perform its duties. 43.6 When so directed by the board, the committee may serve as, 43.7 and any member or members of the committee may serve on, the 43.8 jury or as professional advisor for any architectural 43.9 competition, and the board shall select the architectural 43.10 advisor and jurors for any competition with the advice of the 43.11 committee. 43.12 The city of Saint Paul shall advise the board. 43.13 (i) The comprehensive plan for the area must be developed 43.14 and maintained in close cooperation with the commissioner of 43.15 trade and economic development, the planning department and the 43.16 council for the city of Saint Paul, and the board of the arts, 43.17 and no plan or amendment of a plan may be effective without 90 43.18 days' notice to the planning department of the city of Saint 43.19 Paul and the board of the arts and without a public hearing with 43.20 opportunity for public testimony. 43.21 (j) The board and the commissioner of administration, 43.22 jointly, shall prepare, prescribe, and from time to time revise 43.23 standards and policies governing the repair, alteration, 43.24 furnishing, appearance, and cleanliness of the public and 43.25 ceremonial areas of the state capitol building. The board shall 43.26 consult with and receive advice from the director of the 43.27 Minnesota state historical society regarding the historic 43.28 fidelity of plans for the capitol building. The standards and 43.29 policies developed under this paragraph are binding upon the 43.30 commissioner of administration. The provisions of chapter 14, 43.31 including section 14.386, do not apply to this paragraph. 43.32 (k) The board in consultation with the commissioner of 43.33 administration shall prepare and submit to the legislature and 43.34 the governor no later than October 1 of each even-numbered year 43.35 a report on the status of implementation of the comprehensive 43.36 plan together with a program for capital improvements and site 44.1 development, and the commissioner of administration shall 44.2 provide the necessary cost estimates for the program. The board 44.3 shall report any changes to the comprehensive plan adopted by 44.4 the board to the committee on governmental operations and 44.5 gambling of the house of representatives and the committee on 44.6 governmental operations and reform of the senate and upon 44.7 request shall provide testimony concerning the changes. The 44.8 board shall also provide testimony to the legislature on 44.9 proposals for memorials in the capitol area as to their 44.10 compatibility with the standards, policies, and objectives of 44.11 the comprehensive plan. 44.12 (l) The state shall, by the attorney general upon the 44.13 recommendation of the board and within appropriations available 44.14 for that purpose, acquire by gift, purchase, or eminent domain 44.15 proceedings any real property situated in the area described in 44.16 this section, and it may also acquire an interest less than a 44.17 fee simple interest in the property, if it finds that the 44.18 property is needed for future expansion or beautification of the 44.19 area. 44.20 (m) The board is the successor of the state veterans 44.21 service building commission, and as such may adopt rules and may 44.22 reenact the rules adopted by its predecessor under Laws 1945, 44.23 chapter 315, and amendments to it. 44.24 (n) The board shall meet at the call of the chair and at 44.25 such other times as it may prescribe. 44.26 (o) The commissioner of administration shall assign 44.27 quarters in the state veterans service building to (1) the 44.28 department of veterans affairs, of which a part that the 44.29 commissioner of administration and commissioner of veterans 44.30 affairs may mutually determine must be on the first floor above 44.31 the ground, and (2) the American Legion, Veterans of Foreign 44.32 Wars, Disabled American Veterans, Military Order of the Purple 44.33 Heart, United Spanish War Veterans, and Veterans of World War I, 44.34 and their auxiliaries, incorporated, or when incorporated, under 44.35 the laws of the state, and (3) as space becomes available, to 44.36 other state departments and agencies as the commissioner may 45.1 deem desirable. 45.2 Sec. 40. Minnesota Statutes 2000, section 15.50, is 45.3 amended by adding a subdivision to read: 45.4 Subd. 2b. [COMPUTER SYSTEMS.] The commissioner of 45.5 administration must provide, at no charge, the board's 45.6 connections to state computer networks and other support for the 45.7 board's computer systems. 45.8 Sec. 41. Minnesota Statutes 2000, section 16A.06, is 45.9 amended by adding a subdivision to read: 45.10 Subd. 10. [TECHNOLOGY BUDGET BOOK.] The department shall 45.11 prepare a separate budget book for each biennium beginning July 45.12 1, 2003, containing all of the administration's technology 45.13 initiatives. The book shall also include a complete inventory 45.14 of state-owned and leased technology, along with a projected 45.15 replacement schedule. The inventory shall include information 45.16 on how the technology fits into the state's master plan. 45.17 Sec. 42. Minnesota Statutes 2000, section 16A.10, is 45.18 amended by adding a subdivision to read: 45.19 Subd. 1c. [PERFORMANCE MEASURES FOR CHANGE ITEMS.] For 45.20 each change item in the budget proposal requesting new or 45.21 increased funding, the budget document must present proposed 45.22 performance measures that can be used to determine if the new or 45.23 increased funding is accomplishing its goals. 45.24 Sec. 43. Minnesota Statutes 2000, section 16A.103, 45.25 subdivision 1, is amended to read: 45.26 Subdivision 1. [STATE REVENUE AND EXPENDITURES.] In 45.27 February and November each year, the commissioner shall prepare 45.28 a forecast of state revenue and expenditures. The November 45.29 forecast must be delivered to the legislature and governor no 45.30 later than the end of the first week of December. The February 45.31 forecast must be delivered to the legislature and governor by 45.32 the end of February. Forecasts must be delivered to the 45.33 legislature and governor on the same day.If requested by the45.34legislative commission on planning and fiscal policy, delivery45.35to the legislature must include a presentation to the commission.45.36 Sec. 44. Minnesota Statutes 2000, section 16A.11, 46.1 subdivision 6, is amended to read: 46.2 Subd. 6. [BUILDING MAINTENANCE.] The detailed operating 46.3 budget must include amounts necessary to maintain state 46.4 buildings. The commissioner of finance, in consultation with 46.5 the commissioner of administration, the board of trustees of the 46.6 Minnesota state colleges and universities, and the regents of 46.7 the University of Minnesota, shall establish budget guidelines 46.8 for building maintenance appropriations.Unless otherwise46.9provided by the commissioner of finance, the amount to be46.10budgeted each year for building maintenance is two percent of46.11the cost of the building, adjusted up or down depending on the46.12age and condition of the building.46.13 Sec. 45. [16A.1286] [STATEWIDE SYSTEMS ACCOUNT.] 46.14 Subdivision 1. [CONTINUATION.] The statewide systems 46.15 account is a separate account in the general fund. All money 46.16 resulting from billings for statewide systems services must be 46.17 deposited in the account. For the purposes of this section, 46.18 statewide systems includes the state accounting system, payroll 46.19 system, human resources systems, procurement system, and related 46.20 information access systems. 46.21 Subd. 2. [BILLING PROCEDURES.] The commissioner may bill 46.22 up to $7,520,000 in each fiscal year for statewide systems 46.23 services provided to state agencies, judicial branch agencies, 46.24 the University of Minnesota, the Minnesota state colleges and 46.25 universities, and other entities. Billing must be based only on 46.26 usage of services relating to statewide systems provided by the 46.27 intertechnologies division. Each agency shall transfer from 46.28 agency operating appropriations to the statewide systems account 46.29 the amount billed by the commissioner. Billing policies and 46.30 procedures related to statewide systems services must be 46.31 developed by the commissioner in consultation with the 46.32 commissioners of employee relations and administration, the 46.33 University of Minnesota, and the Minnesota state colleges and 46.34 universities. 46.35 Subd. 3. [APPROPRIATION.] Money transferred into the 46.36 account is appropriated to the commissioner to pay for statewide 47.1 systems services during the biennium in which it is appropriated. 47.2 Sec. 46. [16A.151] [PROCEEDS OF LITIGATION OR SETTLEMENT.] 47.3 Subdivision 1. [STATE FUNDS; GENERAL FUND.] (a) This 47.4 subdivision applies, notwithstanding any law to the contrary, 47.5 except as provided in subdivision 2. 47.6 (b) A state official may not commence, pursue, or settle 47.7 litigation, or settle a matter that could have resulted in 47.8 litigation, in a manner that would result in money being 47.9 distributed to a person or entity other than the state. 47.10 (c) Money recovered by a state official in litigation or in 47.11 settlement of a matter that could have resulted in litigation is 47.12 state money and must be deposited in the general fund. 47.13 Subd. 2. [EXCEPTIONS.] (a) If a state official litigates 47.14 or settles a matter on behalf of specific injured persons or 47.15 entities, this section does not prohibit distribution of money 47.16 to the specific injured persons or entities on whose behalf the 47.17 litigation or settlement efforts were initiated. If money 47.18 recovered on behalf of injured persons or entities cannot 47.19 reasonably be distributed to those persons or entities because 47.20 they cannot readily be located or identified or because the cost 47.21 of distributing the money would outweigh the benefit to the 47.22 persons or entities, the money must be paid into the general 47.23 fund. 47.24 (b) Money recovered on behalf of a fund in the state 47.25 treasury other than the general fund may be deposited in that 47.26 fund. 47.27 (c) This section does not prohibit a state official from 47.28 distributing money to a person or entity other than the state in 47.29 litigation or potential litigation in which the state is a 47.30 defendant or potential defendant. 47.31 Subd. 3. [DEFINITIONS.] For purposes of this section: 47.32 (1) "litigation" includes civil, criminal, and 47.33 administrative actions; 47.34 (2) "money recovered" includes actual damages, punitive or 47.35 exemplary damages, statutory damages, and civil and criminal 47.36 penalties; and 48.1 (3) "state official" means the attorney general, another 48.2 constitutional officer, an agency, or an agency employee, acting 48.3 in official capacity. 48.4 Sec. 47. Minnesota Statutes 2000, section 16A.152, 48.5 subdivision 4, is amended to read: 48.6 Subd. 4. [REDUCTIONDEFICIT REMEDIES.](a)If the 48.7 commissioner determines that probable receipts for the general 48.8 fund will be less than anticipated, and that the amount 48.9 available for the remainder of the biennium will be less than 48.10 needed, the commissioner shall, with the approval of the48.11governor, and after consulting the legislative advisory48.12commission, reduce the amount in the budget reserve account as48.13needed to balance expenditures with revenue.48.14(b) An additional deficit shall, with the approval of the48.15governor, and after consulting the legislative advisory48.16commission, be made up by reducing unexpended allotments of any48.17prior appropriation or transfer. Notwithstanding any other law48.18to the contrary, the commissioner is empowered to defer or48.19suspend prior statutorily created obligations which would48.20prevent effecting such reductions.48.21(c) If the commissioner determines that probable receipts48.22for any other fund, appropriation, or item will be less than48.23anticipated, and that the amount available for the remainder of48.24the term of the appropriation or for any allotment period will48.25be less than needed, the commissioner shall notify the agency48.26concerned and then reduce the amount allotted or to be allotted48.27so as to prevent a deficit.48.28(d) In reducing allotments, the commissioner may consider48.29other sources of revenue available to recipients of state48.30appropriations and may apply allotment reductions based on all48.31sources of revenue available.48.32(e) In like manner, the commissioner shall reduce48.33allotments to an agency by the amount of any saving that can be48.34made over previous spending plans through a reduction in prices48.35or other causeproceed, in alphabetical order to the extent 48.36 necessary, with the remedies in the paragraphs in this 49.1 subdivision. 49.2 (a) [USE SAVINGS.] The commissioner shall first reduce 49.3 allotments to an agency by the amount of any savings that can be 49.4 made over previous spending plans through a reduction in prices 49.5 or other cause. 49.6 (b) [USE OTHER SOURCES.] The commissioner shall next 49.7 consider other sources of revenue available to recipients of 49.8 state appropriations and may apply allotment reductions based on 49.9 all sources of revenue available. 49.10 (c) [REDUCE BUDGET RESERVE ACCOUNT; GENERAL FUND.] With 49.11 the approval of the governor, and after consulting with the 49.12 legislative advisory commission, the commissioner may reduce the 49.13 amount in the budget reserve account as needed to balance 49.14 expenditures with revenue. 49.15 (d) [TEN PERCENT ALLOTMENT REDUCTION.] The commissioner 49.16 shall, with the approval of the governor, reduce state agencies' 49.17 allotments for unencumbered, unobligated operating expenditures 49.18 and discretionary grants up to ten percent of total authorized 49.19 spending for the biennium. 49.20 (e) [NEW, EXPANDED, OR FUTURE PROGRAMS.] The commissioner 49.21 may, with the approval of the governor, reduce or delay 49.22 unencumbered and unobligated allotments for appropriations for 49.23 spending authorizations that represent new or expanded programs 49.24 or program eligibility that have future implementation dates. 49.25 (f) [REDUCE UNEXPENDED ALLOTMENTS; OTHER FUNDS.] If the 49.26 commissioner determines that probable receipts for any other 49.27 fund, appropriation, or item will be less than anticipated, and 49.28 that the amount available for the remainder of the term of the 49.29 appropriation or for any allotment period will be less than 49.30 needed, the commissioner shall notify the agency concerned and 49.31 then reduce the amount allotted or to be allotted so as to 49.32 prevent a deficit. 49.33 Sec. 48. Minnesota Statutes 2000, section 16A.152, 49.34 subdivision 7, is amended to read: 49.35 Subd. 7. [DELAY; REDUCTION.] The commissioner may delay 49.36 paying up to 15 percent of an appropriation to a special taxing 50.1 district or a system of higher education in that entity's fiscal 50.2 year for up to 60 days after the start of its next fiscal year. 50.3 The delayed amount is subject to allotment reduction under 50.4 subdivision14. 50.5 Sec. 49. Minnesota Statutes 2000, section 16B.58, is 50.6 amended by adding a subdivision to read: 50.7 Subd. 6a. [PARKING RESTRICTIONS.] Notwithstanding 50.8 subdivision 6: 50.9 (1) parking is prohibited on the terraces adjacent to the 50.10 carriage entrance on the south side of the capitol building; 50.11 (2) the ten parking spaces on Aurora Avenue closest to the 50.12 main entrance of the capitol building must be reserved for 50.13 parking by physically disabled persons displaying a certificate 50.14 issued under section 169.345; and 50.15 (3) the remainder of the parking spaces on Aurora Avenue 50.16 must be reserved for the general public during legislative 50.17 sessions. 50.18 Sec. 50. Minnesota Statutes 2000, section 16B.60, 50.19 subdivision 3, is amended to read: 50.20 Subd. 3. [MUNICIPALITY.] "Municipality" means a city, 50.21 county, or townmeeting the requirements of section 368.01,50.22subdivision 1, the University of Minnesota, or the state for 50.23 public buildings and state licensed facilities. 50.24 Sec. 51. Minnesota Statutes 2000, section 16B.60, is 50.25 amended by adding a subdivision to read: 50.26 Subd. 12. [DESIGNATE.] "Designate" means the formal 50.27 designation by a municipality's administrative authority of a 50.28 certified building official accepting responsibility for code 50.29 administration. 50.30 Sec. 52. Minnesota Statutes 2000, section 16B.60, is 50.31 amended by adding a subdivision to read: 50.32 Subd. 13. [ADMINISTRATIVE AUTHORITY.] "Administrative 50.33 authority" means a municipality's governing body or their 50.34 assigned administrative authority. 50.35 Sec. 53. Minnesota Statutes 2000, section 16B.61, 50.36 subdivision 1, is amended to read: 51.1 Subdivision 1. [ADOPTION OF CODE.] Subject to sections 51.2 16B.59 to 16B.75, the commissioner shall by rule establish a 51.3 code of standards for the construction, reconstruction, 51.4 alteration, and repair of buildings, governing matters of 51.5 structural materials, design and construction, fire protection, 51.6 health, sanitation, and safety, including design and 51.7 construction standards regarding heat loss control, 51.8 illumination, and climate control. The code must also include 51.9 duties and responsibilities for code administration, including 51.10 procedures for administrative action, penalties, and suspension 51.11 and revocation of certification. The code must conform insofar 51.12 as practicable to model building codes generally accepted and in 51.13 use throughout the United States, including a code for building 51.14 conservation. In the preparation of the code, consideration 51.15 must be given to the existing statewide specialty codes 51.16 presently in use in the state. Model codes with necessary 51.17 modifications and statewide specialty codes may be adopted by 51.18 reference. The code must be based on the application of 51.19 scientific principles, approved tests, and professional 51.20 judgment. To the extent possible, the code must be adopted in 51.21 terms of desired results instead of the means of achieving those 51.22 results, avoiding wherever possible the incorporation of 51.23 specifications of particular methods or materials. To that end 51.24 the code must encourage the use of new methods and new 51.25 materials. Except as otherwise provided in sections 16B.59 to 51.26 16B.75, the commissioner shall administer and enforce the 51.27 provisions of those sections. 51.28 Sec. 54. Minnesota Statutes 2000, section 16B.65, is 51.29 amended to read: 51.30 16B.65 [BUILDING OFFICIALS.] 51.31 Subdivision 1. [APPOINTMENTSDESIGNATION.]The governing51.32body ofBy January 1, 2002, each municipality shall, unless51.33other means are already provided, appointdesignate a building 51.34 official to administer the code. A municipality may designate 51.35 no more than one building official responsible for code 51.36 administration defined by each certification category 52.1 established in rule. Two or more municipalities may combine in 52.2 theappointmentdesignation of asinglebuilding official for 52.3 the purpose of administering the provisions of the code within 52.4 their communities. In those municipalities for which no 52.5 building officials have beenappointeddesignated, the state 52.6 building official, with the approval of the commissioner, may52.7appoint building officials to serve until the municipalities52.8have made an appointment. If unable to make an appointment, the52.9state building officialmay use whichever state employeesor52.10state agenciesare necessary to perform the duties of the 52.11 building official until the municipality makes a temporary or 52.12 permanent designation. All costs incurred by virtue ofan52.13appointment by the state building official orthese services 52.14 rendered by state employees must be borne by the involved 52.15 municipality.and receipts arising fromthe appointmentthese 52.16 services must be paid into the state treasury and credited to 52.17 thespecial revenuegeneral fund. 52.18 Subd. 2. [QUALIFICATIONS.] A building official, to be 52.19 eligible forappointmentdesignation, must be certified and have 52.20 the experience in design, construction, and supervision which 52.21 the commissioner deems necessary and must be generally informed 52.22 on the quality and strength of building materials, accepted 52.23 building construction requirements, and the nature of equipment 52.24 and needs conducive to the safety, comfort, and convenience of 52.25 building occupants.Each building official must be certified52.26under this section, except that the qualifications outlined in52.27this section are not mandatory regarding any building official52.28in any municipality engaged in the administration of a building52.29code on May 27, 1971, and continuing that function through July52.301, 1972No person may be designated as a building official for a 52.31 municipality unless the commissioner determines that the 52.32 official is qualified as provided in subdivision 3. 52.33 Subd. 3. [CERTIFICATION.] The commissioner shall: 52.34 (1) prepare and conduct written and practical examinations 52.35 to determine if a person is qualified pursuant to subdivision 2 52.36 to be a building official; 53.1 (2) accept documentation of successful completion of 53.2 testing programs developed by nationally recognized testing 53.3 agencies, as proof of qualification pursuant to subdivision 2; 53.4 or 53.5 (3) determine qualifications by both clauses (1) and (2). 53.6 Upon a determination of qualification under clause (1), 53.7 (2), or both of them, the commissioner shall issue a certificate 53.8 to the building official stating that the official is 53.9 certified. Each person applying for examination and 53.10 certification pursuant to this section shall pay a nonrefundable 53.11 fee of $70. The commissioner or a designee may establish 53.12classescategories of certification that will recognize the 53.13 varying complexities of code enforcement in the municipalities 53.14 within the state.Except as provided by subdivision 2, no53.15person may act as a building official for a municipality unless53.16the commissioner determines that the official is qualified.The 53.17 commissioner shall provide educational programs designed to 53.18 train and assist building officials in carrying out their 53.19 responsibilities. 53.20 The department of employee relations may, at the request of 53.21 the commissioner, provide statewide testing services. 53.22 Subd. 4. [DUTIES.] Building officials shall, in the 53.23 municipality for which they areappointeddesignated,attend to53.24 be responsible for all aspects of code administration for which 53.25 they are certified, including the issuance of all building 53.26 permits and the inspection of all manufactured home 53.27 installations. The commissioner may direct a municipality with 53.28 a building official to perform services for another 53.29 municipality, and in that event the municipality being served 53.30 shall pay the municipality rendering the services the reasonable 53.31 costs of the services. The costs may be subject to approval by 53.32 the commissioner. 53.33 Subd. 5. [REMOVAL FROM OFFICEOVERSIGHT COMMITTEE.]Except53.34as otherwise provided for by law the commissioner may, upon53.35notice and hearing, direct the dismissal of a building official53.36when it appears to the commissioner by competent evidence that54.1the building official has consistently failed to act in the54.2public interest in the performance of duties. Notice must be54.3provided and the hearing conducted in accordance with the54.4provisions of chapter 14 governing contested case proceedings.54.5Nothing in this subdivision limits or otherwise affects the54.6authority of a municipality to dismiss or suspend a building54.7official at its discretion, except as otherwise provided for by54.8law.(a) The commissioner shall establish a code administration 54.9 oversight committee to evaluate, mediate, and recommend to the 54.10 commissioner any administrative action, penalty, suspension, or 54.11 revocation with respect to complaints filed with or information 54.12 received by the commissioner alleging or indicating the 54.13 unauthorized performance of official duties or unauthorized use 54.14 of the title certified building official, or a violation of 54.15 statute, rule, or order that the commissioner has issued or is 54.16 empowered to enforce. The committee consists of five certified 54.17 building officials, at least two of whom must be from 54.18 nonmetropolitan counties. Committee members must be compensated 54.19 according to section 15.059, subdivision 3. The commissioner's 54.20 designee shall act as an ex-officio member of the oversight 54.21 committee. 54.22 (b) If the commissioner has a reasonable basis to believe 54.23 that a person has engaged in an act or practice constituting the 54.24 unauthorized performance of official duties, the unauthorized 54.25 use of the title certified building official, or a violation of 54.26 a statute, rule, or order that the commissioner has issued or is 54.27 empowered to enforce, the commissioner may proceed with 54.28 administrative actions or penalties as described in subdivision 54.29 6 or suspension or revocation as described in subdivision 7. 54.30 Subd. 6. [ADMINISTRATIVE ACTION AND PENALTIES.] The 54.31 commissioner shall, by rule, establish a graduated schedule of 54.32 administrative actions for violations of sections 16B.59 to 54.33 16B.75 and rules adopted under those sections. The schedule 54.34 must be based on and reflect the culpability, frequency, and 54.35 severity of the violator's actions. The commissioner may impose 54.36 a penalty from the schedule on a certification holder for a 55.1 violation of sections 16B.59 to 16B.75 and rules adopted under 55.2 those sections. The penalty is in addition to any criminal 55.3 penalty imposed for the same violation. Administrative monetary 55.4 penalties imposed by the commissioner must be paid to the 55.5 general fund. 55.6 Subd. 7. [SUSPENSION; REVOCATION.] Except as otherwise 55.7 provided for by law, the commissioner may, upon notice and 55.8 hearing, revoke or suspend or refuse to issue or reissue a 55.9 building official certification if the applicant, building 55.10 official, or certification holder: 55.11 (a) violates a provision of sections 16B.59 to 16B.75 or a 55.12 rule adopted under those sections; 55.13 (b) engages in fraud, deceit, or misrepresentation while 55.14 performing the duties of a certified building official; 55.15 (c) makes a false statement in an application submitted to 55.16 the commissioner or in a document required to be submitted to 55.17 the commissioner; or 55.18 (d) violates an order of the commissioner. 55.19 Notice must be provided and the hearing conducted in 55.20 accordance with the provisions of chapter 14 governing contested 55.21 case proceedings. Nothing in this subdivision limits or 55.22 otherwise affects the authority of a municipality to dismiss or 55.23 suspend a building official at its discretion, except as 55.24 otherwise provided for by law. 55.25 Subd.68. [VACANCIES.] In the event that acertified55.26 designated building officialvacates thatposition is vacant 55.27 within a municipality, that municipality shallappointdesignate 55.28 a certified building official to fill the vacancy as soon as 55.29 possible. The commissioner must be notified of any vacancy or 55.30 designation in writing within 15 days. If the municipality 55.31 fails toappointdesignate a certified building official within 55.329015 days of the occurrence of the vacancy, the state building 55.33 official maymake the appointment orprovide state employees to 55.34 serve that function as provided in subdivision 1 until the 55.35 municipality makes a temporary or permanent designation. 55.36 Municipalities must not issue permits without a designated 56.1 certified building official. 56.2 Subd.79. [CONTINUING EDUCATION.] Subject to sections 56.3 16B.59 to 16B.75, the commissioner may by rule establish or 56.4 approve continuing education programs for municipal building 56.5 officials dealing with matters of building code administration, 56.6 inspection, and enforcement. 56.7Effective January 1, 1985,Each person certified as a 56.8 building official for the state must satisfactorily complete 56.9 applicable educational programs established or approved by the 56.10 commissioner every three calendar years to retain certification. 56.11 Each person certified as a building official must submit in 56.12 writing to the commissioner an application for renewal of 56.13 certification within 60 days of the last day of the third 56.14 calendar year following the last certificate issued. Each 56.15 application for renewal must be accompanied by proof of 56.16 satisfactory completion of minimum continuing education 56.17 requirements and the certification renewal fee established by 56.18 the commissioner. 56.19For persons certified prior to January 1, 1985, the first56.20three-year period commences January 1, 1985.56.21 Sec. 55. Minnesota Statutes 2000, section 16B.70, 56.22 subdivision 2, is amended to read: 56.23 Subd. 2. [COLLECTION AND REPORTS.] All permit surcharges 56.24 must be collected by each municipality and a portion of them 56.25 remitted to the state. Each municipality having a population 56.26 greater than 20,000 people shall prepare and submit to the 56.27 commissioner once a month a report of fees and surcharges on 56.28 fees collected during the previous month but shall retain the 56.29 greater of two percent or that amount collected up to $25 to 56.30 apply against the administrative expenses the municipality 56.31 incurs in collecting the surcharges. All other municipalities 56.32 shall submit the report and surcharges on fees once a quarter 56.33 but shall retain the greater of four percent or that amount 56.34 collected up to $25 to apply against the administrative expenses 56.35 the municipalities incur in collecting the surcharges. The 56.36 report, which must be in a form prescribed by the commissioner, 57.1 must be submitted together with a remittance covering the 57.2 surcharges collected by the 15th day following the month or 57.3 quarter in which the surcharges are collected. All money 57.4 collected by the commissioner through surcharges and other fees 57.5 prescribed by sections 16B.59 to 16B.75 shall be deposited in 57.6 thestate government special revenue fund and is appropriated to57.7the commissioner for the purpose of administering and enforcing57.8the State Building Code under sections 16B.59 to 16B.75general 57.9 fund. 57.10 Sec. 56. Minnesota Statutes 2000, section 16B.76, 57.11 subdivision 1, is amended to read: 57.12 Subdivision 1. [MEMBERSHIP.] (a) The construction codes 57.13 advisory council consists of the following members: 57.14 (1) the commissioner of administration or the 57.15 commissioner's designee representing the department's building 57.16 codes and standards division; 57.17 (2) the commissioner of health or the commissioner's 57.18 designee representing an environmental health section of the 57.19 department; 57.20 (3) the commissioner of public safety or the commissioner's 57.21 designee representing the department's state fire marshal 57.22 division; 57.23 (4) the commissioner of public service or the 57.24 commissioner's designee representing the department's energy 57.25 regulation and resource management division; and 57.26 (5) one member representing each of the following 57.27 occupations or entities, appointed by the commissioner of 57.28 administration: 57.29 (i) a certified building official; 57.30 (ii) a fire service representative; 57.31 (iii) a licensed architect; 57.32 (iv) a licensed engineer; 57.33 (v) a building owners and managers representative; 57.34 (vi) a licensed residential building contractor; 57.35 (vii) a commercial building contractor; 57.36 (viii) a heating and ventilation contractor; 58.1 (ix) a plumbing contractor; 58.2 (x) a representative of a construction and building trades 58.3 union; and 58.4 (xi) a local unit of government representative. 58.5 (b) For members who are not state officials or employees, 58.6 terms, compensation, removal, and the filling of vacancies are 58.7 governed by section 15.059. The council shall select one of its 58.8 members to serve as chair. 58.9 (c) The council expires June 30,20012003. 58.10 Sec. 57. Minnesota Statutes 2000, section 16B.88, 58.11 subdivision 1, is amended to read: 58.12 Subdivision 1. [INFORMATION CENTER FOR VOLUNTEER 58.13 PROGRAMS.] (a) The office of citizenship and volunteer services 58.14 is under the supervision and administration of a director 58.15 appointed by thecommissionergovernor. The office shall: (1) 58.16 operate as a state information, technical assistance, and 58.17 promotion center for volunteer programs; and (2) promote and 58.18 facilitate citizen participation in local governance and public 58.19 problem solving. 58.20 (b) In furtherance of the mission in paragraph (a), clause 58.21 (2), the office shall: 58.22 (1) engage in education and other activities designed to 58.23 enhance the capacity of citizens to solve problems affecting 58.24 their communities; 58.25 (2) promote and support efforts by citizens, 58.26 community-based organizations, nonprofits, churches, and local 58.27 governments to collaborate in solving community problems; 58.28 (3) encourage local governments to provide increased 58.29 opportunities for citizen involvement in public decision making 58.30 and public problem solving; 58.31 (4) refer innovative approaches to encourage greater public 58.32 access to and involvement in state and local government 58.33 decisions to appropriate state and local government officials; 58.34 (5) encourage units of state and local government to 58.35 respond to citizen initiatives and ideas; 58.36 (6) promote processes for involving citizens in government 59.1 decisions; and 59.2 (7) recognize and publicize models of effective public 59.3 problem solving by citizens. 59.4 Sec. 58. Minnesota Statutes 2000, section 16C.03, 59.5 subdivision 3, is amended to read: 59.6 Subd. 3. [ACQUISITION AUTHORITY.] The commissioner shall 59.7 acquire all goods, services, and utilities needed by agencies. 59.8 The commissioner shall acquire goods, services, and utilities by 59.9 requests for bids, requests for proposals, reverse auctions as 59.10 provided in section 16C.10, subdivision 7, or other methods 59.11 provided by law, unless a section of law requires a particular 59.12 method of acquisition to be used. The commissioner shall make 59.13 all decisions regarding acquisition activities. The 59.14 determination of the acquisition method and all decisions 59.15 involved in the acquisition process, unless otherwise provided 59.16 for by law, shall be based on best value which includes an 59.17 evaluation of price and may include other considerations 59.18 including, but not limited to, environmental considerations, 59.19 quality, and vendor performance. A best value determination 59.20 must be based on the evaluation criteria detailed in the 59.21 solicitation document. If criteria other than price are used, 59.22 the solicitation document must state the relative importance of 59.23 price and other factors. Unless it is determined by the 59.24 commissioner that an alternative solicitation method provided by 59.25 law should be used to determine best value, a request for bid 59.26 must be used to solicit formal responses for all building and 59.27 construction contracts. Any or all responses may be rejected. 59.28 When using the request for bid process, the bid must be awarded 59.29 to the lowest responsive and responsible bidder, taking into 59.30 consideration conformity with the specifications, terms of 59.31 delivery, the purpose for which the contract or purchase is 59.32 intended, the status and capability of the vendor, and other 59.33 considerations imposed in the request for bids. The 59.34 commissioner may decide which is the lowest responsible bidder 59.35 for all purchases andmaymust use the principles of life-cycle 59.36 costing, where appropriate, in determining the lowest overall 60.1 bid. The duties set forth in this subdivision are subject to 60.2 delegation pursuant to this section. 60.3 Sec. 59. [16C.055] [BARTER ARRANGEMENTS PROHIBITED.] 60.4 An agency may not contract or otherwise agree with a person 60.5 or entity outside of state government to receive nonmonetary 60.6 consideration in exchange for the agency providing nonmonetary 60.7 consideration, unless such an agreement is specifically 60.8 authorized by law. This section shall not apply to contracts or 60.9 agreements entered into by the director of the state lottery 60.10 under chapter 349A. 60.11 Sec. 60. [16C.066] [COST-BENEFIT ANALYSIS.] 60.12 (a) The commissioner or an agency official to whom the 60.13 commissioner has delegated duties under section 16C.03, 60.14 subdivision 16, may not approve a contract or purchase of goods 60.15 or services for transit or other transportation purposes in an 60.16 amount greater than $5,000,000 unless a cost-benefit analysis 60.17 has been completed and shows a positive benefit to the public. 60.18 The management analysis division must perform or direct the 60.19 performance of the analysis. A cost-benefit analysis must be 60.20 performed for a project if an aggregation of contracts or 60.21 purchases for a project exceeds $5,000,000. 60.22 (b) All cost-benefit analysis documents under this section, 60.23 including preliminary drafts and notes, are public data. 60.24 (c) If a cost-benefit analysis does not show a positive 60.25 benefit to the public, the governor may approve a contract or 60.26 purchase of goods or services if a cost-effectiveness study had 60.27 been done that shows the proposed project is the most effective 60.28 way to provide a necessary public good. 60.29 (d) This section applies to contracts for goods or services 60.30 that are expected to have a useful life of more than three 60.31 years. This section does not apply for purchase of goods or 60.32 services for response to a natural disaster if an emergency has 60.33 been declared by the governor. 60.34 (e) This section expires June 30, 2003. 60.35 Sec. 61. Minnesota Statutes 2000, section 16C.25, is 60.36 amended to read: 61.1 16C.25 [BUILDING AND CONSTRUCTION CONTRACTS.] 61.2 (a) Notwithstanding any contrary law, and except as 61.3 provided in paragraph (b), the provisions of Minnesota Statutes 61.4 1996, section 16B.07, 16B.08, 16B.09, and all other laws 61.5 applicable to competitive bidding for building and construction 61.6 contracts on June 30, 1998, apply to building and construction 61.7 contracts entered into on or after July 1, 1998. 61.8 (b) Notwithstanding Minnesota Statutes 1996, section 61.9 16C.28, the commissioner must use the principles of life-cycle 61.10 costing, where appropriate, in determining the lowest overall 61.11 bid. 61.12 Sec. 62. [16E.0465] [TECHNOLOGY APPROVAL.] 61.13 Subdivision 1. [APPLICATION.] This section applies to an 61.14 appropriation of more than $1,000,000 of state or federal funds 61.15 to a state agency for any information and communications 61.16 technology project or data processing device or system or for 61.17 any phase of such a project, device, or system. For purposes of 61.18 this section, an appropriation of state or federal funds to a 61.19 state agency includes an appropriation: (1) to the Minnesota 61.20 state colleges and universities; (2) to a constitutional 61.21 officer; (3) for a project that includes both a state agency and 61.22 units of local government; and (4) to a state agency for grants 61.23 to be made to other entities. 61.24 Subd. 2. [REQUIRED REVIEW AND APPROVAL.] (a) A state 61.25 agency receiving an appropriation for an information and 61.26 communications technology project or data processing device or 61.27 system subject to this section must divide the project into 61.28 phases. 61.29 (b) The commissioner of finance may not authorize the 61.30 encumbrance or expenditure of an appropriation of state funds to 61.31 a state agency for any phase of a project, device, or system 61.32 subject to this section unless the office of technology has 61.33 reviewed each phase of the project, device, or system, and based 61.34 on this review, the commissioner of administration has 61.35 determined for each phase that: 61.36 (1) the project is compatible with the state information 62.1 architecture and other policies and standards established by the 62.2 commissioner of administration; and 62.3 (2) the agency is able to accomplish the goals of the 62.4 project with the funds appropriated. 62.5 Subd. 3. [ROLE OF COMMISSIONER.] Unless money is 62.6 appropriated directly to the commissioner of administration, the 62.7 role of the commissioner and the office of technology is to 62.8 review and approve projects under this section, and not to 62.9 design or implement the projects. 62.10 Sec. 63. [16E.055] [COMMON WEB FORMAT.] 62.11 A state agency that implements electronic government 62.12 services for fees, licenses, sales, or other purposes must use a 62.13 common Web page format approved by the commissioner of 62.14 administration for those electronic government services. The 62.15 commissioner may create a single entry site for all agencies to 62.16 use for electronic government services. 62.17 Sec. 64. [16E.075] [SALARY WEB ACCESS.] 62.18 A government unit, as defined under section 16E.07, that 62.19 receives state funds, including those through the department of 62.20 revenue or finance, must post on its Web site, if any, the 62.21 individual salaries and benefits of all the employees of the 62.22 government unit. 62.23 Sec. 65. [16E.09] [TECHNOLOGY ENTERPRISE FUND.] 62.24 Subdivision 1. [TECHNOLOGY ENTERPRISE FUND.] A technology 62.25 enterprise fund is established. Money deposited in the fund is 62.26 appropriated to the commissioner of administration for the 62.27 purpose of funding technology projects among government entities 62.28 that promote cooperation, innovation, and shared use of 62.29 technology and technology standards, and electronic government 62.30 services. A portion of revenues from the sale of information 62.31 technology surplus equipment or data, a portion of funds 62.32 collected from rental of communication tower space, and a 62.33 portion of refunds from information technology services or 62.34 purchases and from savings generated by information technology 62.35 and telecommunications projects may be deposited into the fund 62.36 upon agreement by the commissioner of administration and the 63.1 executive of the government entity generating those funds. The 63.2 commissioner of administration may accept contributions from 63.3 other entities or other gifts and grants into the fund. The 63.4 transfer of funds between state agencies is subject to the 63.5 approval of the commissioner of finance. The commissioner of 63.6 finance shall notify the chairs of the committees funding the 63.7 affected state agencies of such transfers. Funds are available 63.8 until June 30, 2005. 63.9 Subd. 2. [TECHNOLOGY ENTERPRISE BOARD.] A technology 63.10 enterprise board is established to advise the state chief 63.11 information officer, the office of technology, the governor, the 63.12 executive branch, and the legislature regarding information 63.13 technology funding and expenditures from the technology 63.14 enterprise fund. The board shall consist of up to 18 members 63.15 representing public and private entities with general expertise 63.16 in information technology and telecommunications initiatives and 63.17 planning. The state chief information officer shall act as 63.18 chair and the office of technology shall provide necessary staff 63.19 support. Nonlegislator members shall be appointed by the 63.20 governor, including one nominee representing the state executive 63.21 council, one nominee representing the supreme court, and one 63.22 nominee representing the higher education advisory council; and 63.23 seven at-large members representing the private sector with 63.24 experience in business. The speaker of the house of 63.25 representatives and the senate subcommittee on committees shall 63.26 each appoint two legislators to the board. Legislator members 63.27 serve at the pleasure of the appointing authority. Membership 63.28 terms, compensation, and removal of nonlegislator board members 63.29 are governed by section 15.059, except that terms are three 63.30 years and the board expires on June 30, 2005. 63.31 Subd. 3. [REPORT TO LEGISLATURE.] By February 1 each year, 63.32 the commissioner of administration shall report to the chairs of 63.33 the finance committees in the senate and house of 63.34 representatives with jurisdiction over governmental operations 63.35 on expenditures and activities under this section. 63.36 Subd. 4. [EXPIRATION.] This section expires June 30, 2005. 64.1 Sec. 66. Minnesota Statutes 2000, section 43A.04, is 64.2 amended by adding a subdivision to read: 64.3 Subd. 12. [TOTAL COMPENSATION REPORTING.] (a) The 64.4 commissioner, in consultation with the commissioner of finance, 64.5 shall report to the governor and the legislature by January 15 64.6 each year on executive branch employee salary and benefits. The 64.7 purpose of the report is to assist in effective long-range 64.8 planning and to provide data necessary to compute annual and 64.9 biennial costs related to the state workforce. The report must 64.10 use data available in the biennial budget system and other 64.11 necessary sources. The report also must be made available to 64.12 the public in an electronic format. 64.13 (b) The report must be organized by agency. For each 64.14 employee during the previous fiscal year the report must: 64.15 (1) list each employee by position number, but not by name; 64.16 (2) list the total amount the state spent, by fund, for the 64.17 employee's salary and total compensation, including social 64.18 security contributions, insurance, and all other benefits and 64.19 related costs; 64.20 (3) list the employee's length of state service; and 64.21 (4) list the total estimated compensation for the 64.22 employee's career, assuming the employee works until the normal 64.23 retirement age. 64.24 Sec. 67. Minnesota Statutes 2000, section 43A.04, is 64.25 amended by adding a subdivision to read: 64.26 Subd. 13. [COMBINED CHARITIES CAMPAIGN.] (a) The 64.27 commissioner shall administer the state employee combined 64.28 charities campaign. This duty includes registration of combined 64.29 charitable organizations under section 309.501, and coordination 64.30 and administration of the process under which state employees 64.31 contribute to combined charitable organizations. 64.32 (b) The commissioner, in consultation with other 64.33 commissioners, shall appoint a voluntary board of state 64.34 employees to oversee the conduct of an annual combined charities 64.35 campaign. The board must, to the extent possible, represent a 64.36 cross-section of state employee groups and geographic areas 65.1 where state employees are located. The board shall provide 65.2 direction to the commissioner's employee assigned to administer 65.3 the annual campaign and shall approve any expenditure of state 65.4 funds appropriated for purposes of this subdivision. 65.5 Sec. 68. [43A.235] [CO-PAYMENT REQUIRED.] 65.6 A collective bargaining agreement or compensation plan 65.7 providing state employee medical and dental insurance or 65.8 benefits must require a system of co-payments, including, but 65.9 not limited to, office visits and emergency or urgent care 65.10 visits, by the employee or a covered dependent. 65.11 Sec. 69. Minnesota Statutes 2000, section 43A.38, 65.12 subdivision 1, is amended to read: 65.13 Subdivision 1. [DEFINITIONS.] For the purpose of this 65.14 section the following definitions shall apply: 65.15 (a) "Business" means any corporation, partnership, 65.16 proprietorship, firm, enterprise, franchise, association, 65.17 organization, self-employed individual or any other legal entity 65.18 which engages either in nonprofit or profit making activities. 65.19 (b) "Confidential information" means any information 65.20 obtained under government authority which has not become part of 65.21 the body of public information and which, if released 65.22 prematurely or in nonsummary form, may provide unfair economic 65.23 advantage or adversely affect the competitive position of an 65.24 individual or a business. 65.25 (c) "Employee" has the meaning given in section 43A.02, 65.26 subdivision 21, and includes an executive officer listed in 65.27 Minnesota Constitution, article V, section 1. 65.28 (d) "Private interest" means any interest, including but 65.29 not limited to a financial interest, which pertains to a person 65.30 or business whereby the person or business would gain a benefit, 65.31 privilege, exemption or advantage from the action of a state 65.32 agency or employee that is not available to the general public. 65.33 Sec. 70. Minnesota Statutes 2000, section 43A.38, 65.34 subdivision 6, is amended to read: 65.35 Subd. 6. [DETERMINATION OF CONFLICTS OF INTEREST.] (a) 65.36 When an employee believes the potential for a conflict of 66.1 interest exists, it is the employee's duty to avoid the 66.2 situation. A conflict of interest shall be deemed to exist when 66.3 a review of the situation by the employee, the appointing 66.4 authority or the commissioner determines any one of the 66.5 following conditions to be present: 66.6(a)(1) the use for private gain or advantage of state 66.7 time, facilities, equipment or supplies or badge, uniform, 66.8 prestige or influence of state office or employment; 66.9(b)(2) receipt or acceptance by the employee of any money 66.10 or other thing of value from anyone other than the state for the 66.11 performance of an act which the employee would be required or 66.12 expected to perform in the regular course or hours of state 66.13 employment or as part of the duties as an employee; 66.14(c)(3) employment by a business which is subject to the 66.15 direct or indirect control, inspection, review, audit or 66.16 enforcement by the employee; or 66.17(d)(4) the performance of an act in other than the 66.18 employee's official capacity which may later be subject directly 66.19 or indirectly to the control, inspection, review, audit or 66.20 enforcement by the employee. 66.21 (b) The chief administrative law judge, appointed under 66.22 section 14.48, instead of the commissioner, shall make 66.23 determinations concerning potential conflicts of interest for an 66.24 executive officer listed in Minnesota Constitution, article V, 66.25 section 1. If the chief administrative law judge has a conflict 66.26 of interest in a determination under this section, the chief may 66.27 assign another administrative law judge to make the 66.28 determination. 66.29 Sec. 71. Minnesota Statutes 2000, section 43A.38, 66.30 subdivision 7, is amended to read: 66.31 Subd. 7. [RESOLUTION OF CONFLICT OF INTEREST.] (a) This 66.32 paragraph applies to an employee other than an executive officer 66.33 listed in Minnesota Constitution, article V, section 1. If the 66.34 employee, appointing authority or commissioner determine that a 66.35 conflict of interest exists, the matter shall be assigned to 66.36 another employee who does not have a conflict of interest. If 67.1 it is not possible to assign the matter to an employee who does 67.2 not have a conflict of interest, interested persons shall be 67.3 notified of the conflict and the employee may proceed with the 67.4 assignment. 67.5 (b) An executive officer listed in Minnesota Constitution, 67.6 article V, section 1, must attempt to avoid or mitigate a 67.7 potential conflict of interest to the greatest extent 67.8 practicable. Any person may request the chief administrative 67.9 law judge to determine if a conflict of interest exists for an 67.10 executive officer listed in Minnesota Constitution, article V, 67.11 section 1. If the chief administrative law judge determines 67.12 that a conflict of interest exists, any person may bring an 67.13 action in the district court in Ramsey county to enjoin an 67.14 executive officer listed in Minnesota Constitution, article V, 67.15 section 1, from engaging in activity that the chief 67.16 administrative law judge has determined to constitute a conflict 67.17 of interest under this section. 67.18 Sec. 72. Minnesota Statutes 2000, section 62E.10, is 67.19 amended by adding a subdivision to read: 67.20 Subd. 11. [DISCOUNTED PRESCRIPTION DRUGS.] The board must 67.21 develop a program to encourage public hospitals and clinics in 67.22 Minnesota to establish resident use requirements, policies, and 67.23 guidelines; to assist senior citizens eligible under criteria 67.24 determined by the board and the public hospitals or clinic; and 67.25 to take advantage of any discount pricing offered through the 67.26 Minnesota multistate contracting alliance for pharmacy or any 67.27 other group purchasing cooperative. 67.28 Sec. 73. Minnesota Statutes 2000, section 116R.02, 67.29 subdivision 3, is amended to read: 67.30 Subd. 3. [REVIEW PROCEDURE; DATA PRACTICES.] (a) Before 67.31 issuing the bonds for a project, approving financial assistance, 67.32 or entering into loan, lease, or other revenue agreements for 67.33 the project described in subdivisions 5 and 6, the commissioner 67.34 of finance shall review the financial condition of the proposed 67.35 lessee or lessees of the project or projects, and any related 67.36 person. The commissioner shall exercise due diligence in the 68.1 review. The commissioner shall engage an independent, 68.2 nationally recognized consultant having special expertise with 68.3 the airline industry and its financing to prepare a written 68.4 report on the financial condition of the lessee or lessees and 68.5 any related person. A lessee and any related person shall 68.6 provide all information required for the commissioner's review 68.7 and the consultant's report, including information substantially 68.8 equivalent to that required by an investment bank or other 68.9 financial institution considering a project for debt financing. 68.10 (b) Except as otherwise provided in this subdivision, 68.11 business plans, financial statements, customer lists, and market 68.12 and feasibility studies required under sections 116R.01 to 68.13 116R.16 or submitted in connection with the provision of 68.14 financial assistance or any agreement authorized under Laws 68.15 1991, chapter 350, are nonpublic data, as defined in section 68.16 13.02, subdivision 9. The commissioner or the commissioner of 68.17 trade and economic development may make the data accessible to 68.18 any person, agency, or public entity if the commissioner or the 68.19 commissioner of trade and economic development determines that 68.20 access is required under state or federal securities law or is 68.21 necessary for the person, agency, or public entity to perform 68.22 due diligence in connection with the provision of financial 68.23 assistance to the projects described in subdivisions 5 and 6. 68.24The data may also be made available as requested by the68.25legislative commission on planning and fiscal policy.68.26 (c) Before the commissioner issues bonds for a project, 68.27 approves financial assistance, or enters into loan, lease, or 68.28 other revenue agreements for the project, the commissioner shall 68.29 submit a report on the proposed transaction to the governor. 68.30 The report must describe: all proposed state, metropolitan, and 68.31 local government financial commitments; the financial assistance 68.32 proposed to be provided; the proposed loan, lease, and revenue 68.33 agreements; any other arrangements related to state and local 68.34 debt, taxes, financing, and debt service; and the estimates of 68.35 economic activity, air traffic, and other factors that have been 68.36 used in assessing the prospective financial condition of the 69.1 lessee or lessees and any related person. The report must 69.2 contain the following findings: 69.3 (1) that the commissioners of trade and economic 69.4 development and finance and, for purposes of a project described 69.5 in subdivision 5, the metropolitan airports commission have 69.6 reviewed the current and prospective financial condition of each 69.7 proposed lessee of the project or projects and any related 69.8 person; and 69.9 (2) that, on the basis of their review, the commissioners 69.10 and, for purposes of the project described in subdivision 5, the 69.11 commission have determined that the revenues estimated to be 69.12 available to the lessee or lessees for payments under the loan, 69.13 lease, or other revenue agreements are at least sufficient 69.14 during each year of the term of the proposed bonds to pay when 69.15 due all financial obligations of the lessee or lessees under the 69.16 terms of the proposed loan, lease, or other revenue agreements. 69.17 Copies of the report must be filed at the legislature as 69.18 provided in section 3.195 when the report is submitted to the 69.19 governor. 69.20 Sec. 74. [116T.01] [DEFINITIONS.] 69.21 For purposes of this chapter: 69.22 (1) "board" means the board of directors of Northern 69.23 Technology Initiative, Inc.; and 69.24 (2) "corporation" means Northern Technology Initiative, Inc. 69.25 Sec. 75. [116T.02] [CORPORATION; MEMBERS; BOARD OF 69.26 DIRECTORS; POWERS.] 69.27 Subdivision 1. [PUBLIC CORPORATION.] Northern Technology 69.28 Initiative, Inc. is a public corporation of the state and is not 69.29 subject to the laws governing a state agency except as provided 69.30 in this chapter. The business of the corporation must be 69.31 conducted under the name "Northern Technology Initiative, Inc." 69.32 Subd. 2. [PURPOSE.] Northern Technology Initiative, Inc. 69.33 is a regional economic initiative of Minnesota counties, 69.34 townships, home rule charter or statutory cities within 69.35 participating counties, economic development groups, state and 69.36 federal agencies, public and private post-secondary 70.1 institutions, and businesses. The project area includes, at a 70.2 minimum, the counties of Carlton, Chisago, Isanti, Kanabec, and 70.3 Pine, but may be expanded as other contiguous counties elect to 70.4 participate. The purpose of the corporation is to engage in an 70.5 integrated, jointly planned economic development effort with a 70.6 focus on encouraging growth among existing businesses and 70.7 attracting technology companies to the region served by the 70.8 corporation. A home rule charter city, statutory city, county, 70.9 township, or other public entity participating in the initiative 70.10 may budget public funds for the initiative. 70.11 Subd. 3. [BOARD OF DIRECTORS.] The corporation is governed 70.12 by a board of directors consisting of: 70.13 (1) a member of the governing body of each participating 70.14 county, appointed by the governing body; 70.15 (2) a member of the governing body of each participating 70.16 home rule charter or statutory city, appointed by the governing 70.17 body; 70.18 (3) the president of each participating post-secondary 70.19 institution; 70.20 (4) the commissioner of the department of trade and 70.21 economic development or an employee of the department designated 70.22 by the commissioner; and 70.23 (5) other members as may be provided by the bylaws adopted 70.24 and amended in accordance with subdivision 4. 70.25 The membership terms, compensation, removal, and filling of 70.26 vacancies of members of the board are governed by the bylaws of 70.27 the corporation. 70.28 Subd. 4. [BYLAWS.] The board of directors shall adopt 70.29 bylaws and publish the bylaws and amendments to the bylaws in 70.30 the State Register. The bylaws must provide for financial and 70.31 other contributions by participating entities to cover the 70.32 operation of the corporation. 70.33 Subd. 5. [PLACES OF BUSINESS.] The board shall locate and 70.34 maintain the corporation's places of business within Carlton, 70.35 Chisago, Isanti, Kanabec, or Pine county. 70.36 Subd. 6. [MEETINGS AND ACTIONS OF BOARD.] (a) The board 71.1 must meet at least twice a year and may hold additional meetings 71.2 upon giving notice in accordance with the bylaws of the 71.3 corporation. Except as provided in subdivision 7, board 71.4 meetings are subject to chapter 13D. 71.5 (b) A conference among directors by any means of 71.6 communication through which the directors may simultaneously 71.7 hear each other during the conference constitutes a board 71.8 meeting if the number of directors participating in the 71.9 conference is sufficient to constitute a quorum for the 71.10 meeting. Participation in a meeting by that means constitutes 71.11 presence in person at the meeting. 71.12 Subd. 7. [CLOSED MEETINGS; RECORDING.] The board of 71.13 directors may, by a majority vote in a public meeting, decide to 71.14 hold a closed meeting for purposes of discussing data described 71.15 in subdivision 8 or security information, trade secret 71.16 information, or labor relations information, as defined in 71.17 section 13.37, subdivision 1. The time and place of the closed 71.18 meeting must be announced at the public meeting. A written roll 71.19 of members present at the closed meeting must be made available 71.20 to the public after the closed meeting. The proceedings of a 71.21 closed meeting must be tape recorded. The data on the tape are 71.22 nonpublic data or private data on individuals as defined in 71.23 section 13.02, subdivision 9 or 12, whichever is applicable. 71.24 Subd. 8. [APPLICATION AND INVESTIGATIVE DATA.] Financial 71.25 data, statistics, and information furnished to the corporation 71.26 in connection with assistance or proposed assistance, including 71.27 credit reports; financial statements; statements of net worth; 71.28 income tax returns, either personal or corporate; and any other 71.29 business and personal financial records, are private data with 71.30 regard to data on individuals under section 13.02, subdivision 71.31 12, or nonpublic data with regard to data not on individuals 71.32 under section 13.02, subdivision 9. 71.33 Subd. 9. [CONFLICT OF INTEREST.] A director, employee, or 71.34 officer of the corporation may not participate in or vote on a 71.35 decision of the board relating to an organization in which the 71.36 director has either a direct or indirect financial interest or a 72.1 conflict of interest as described in section 10A.07. 72.2 Subd. 10. [TORT CLAIMS.] The corporation is a state agency 72.3 for purposes of section 3.736, except the corporation, not the 72.4 state, is responsible for paying for any tort liability. 72.5 Subd. 11. [DATA PRACTICES AND RECORDS MANAGEMENT.] The 72.6 corporation is subject to chapter 13 and sections 15.17 and 72.7 138.163 to 138.226. 72.8 Sec. 76. [116T.03] [CORPORATE PERSONNEL.] 72.9 Subdivision 1. [GENERALLY.] The board shall appoint and 72.10 set the compensation for the executive director who serves as 72.11 chief executive officer of the corporation. The compensation of 72.12 the executive director may not exceed 85 percent of the 72.13 governor's salary. The board may designate the executive 72.14 director as its general agent. Subject to the approval of the 72.15 board, the executive director shall employ staff consultants and 72.16 other agents necessary to carry out the mission of the 72.17 corporation. 72.18 Subd. 2. [STATUS OF EMPLOYEES.] Employees, officers, and 72.19 directors of the corporation are not state employees, but are 72.20 covered by section 3.736 and, at the option of the board, 72.21 employees may participate in the state retirement plan for 72.22 employees in the unclassified service, the state deferred 72.23 compensation plan, and an insurance plan administered by the 72.24 commissioner of employee relations. 72.25 Sec. 77. [116T.04] [POWERS AND DUTIES OF CORPORATION.] 72.26 Subdivision 1. [GENERAL POWERS AND DUTIES.] (a) The 72.27 corporation has the powers granted to a nonprofit corporation by 72.28 section 317A.161, except as otherwise provided in this chapter. 72.29 (b) Except as specified in section 116T.02, subdivision 10, 72.30 the state is not liable for the obligations of the corporation. 72.31 (c) Section 317A.161 applies to this chapter and the 72.32 corporation in the same manner that it applies to business 72.33 corporations established under chapter 317A. 72.34 Subd. 2. [RULES.] The corporation must publish in the 72.35 State Register any guidelines, policies, or eligibility criteria 72.36 prepared or adopted by the corporation for its programs. 73.1 Sec. 78. [116T.05] [AUDITS.] 73.2 The corporation is subject to the auditing requirements of 73.3 sections 3.971 and 3.972. 73.4 Sec. 79. [116T.06] [DISSOLUTION.] 73.5 In the event of dissolution of the corporation for any 73.6 reason, the bylaws must provide for return of the proceeds of 73.7 that liquidation and any wholly owned assets of the corporation 73.8 to the entities participating in Northern Technology Initiative, 73.9 Inc. in exchange for the assumption of all outstanding 73.10 obligations of the corporation. 73.11 Sec. 80. Minnesota Statutes 2000, section 138.35, is 73.12 amended by adding a subdivision to read: 73.13 Subd. 3. [FEE.] The commissioner of administration may 73.14 charge state agencies, political subdivisions, and businesses a 73.15 fee for the cost of providing archaeological services as 73.16 prescribed in sections 138.31 to 138.41 and 307.08. Fees 73.17 collected by the commissioner of administration must be 73.18 deposited in the state treasury and are appropriated to the 73.19 commissioner of administration to pay the cost of operating the 73.20 office of the state archaeologist. The proposed fee rate must 73.21 be submitted to the commissioner of finance by August 1 of each 73.22 even-numbered year. The commissioner of finance must approve 73.23 the fee rate. 73.24 Sec. 81. Minnesota Statutes 2000, section 138.39, is 73.25 amended to read: 73.26 138.39 [RULES.] 73.27 Thedirector of the historical societycommissioner of 73.28 administration, in consultation with the state archaeologist, 73.29 maymake and issue suchadopt rules, not inconsistent with law,73.30as may be requiredto carry outthe provisions ofsections 73.31 138.31 to 138.42, and to carry out the state archaeologist's 73.32 duties under chapter 307. In making such rules,they shallthe 73.33 commissioner must consult with other agencies of the state whose 73.34 activities may be affected thereby. 73.35 Sec. 82. Minnesota Statutes 2000, section 161.1419, 73.36 subdivision 8, is amended to read: 74.1 Subd. 8. [EXPIRATION.] Notwithstanding section 15.059, the 74.2 commission shall expire on June 30,20012005. 74.3 Sec. 83. Minnesota Statutes 2000, section 161.32, 74.4 subdivision 1b, is amended to read: 74.5 Subd. 1b. [LOWEST RESPONSIBLE BIDDER.] Trunk highway 74.6 construction contracts, including design-build contracts, must 74.7 be awarded to the lowest responsible bidder, taking into 74.8 consideration conformity with the specifications, the purpose 74.9 for which the contract or purchase is intended, the status and 74.10 capability of the vendor, and other considerations imposed in 74.11 the call for bids. The commissioner may decide which is the 74.12 lowest responsible bidder for all contracts andmaymust use the 74.13 principles of life-cycle costing, where appropriate, in 74.14 determining the lowest overall bid. Any or all bids may be 74.15 rejected. In a case where competitive bids are required and 74.16 where all bids are rejected, new bids, if solicited, must be 74.17 called for as in the first instance, unless otherwise provided 74.18 by law. 74.19 Sec. 84. Minnesota Statutes 2000, section 190.06, 74.20 subdivision 1, is amended to read: 74.21 Subdivision 1. [COMPOSITION.] The militia shall consist of: 74.22 (1) all able-bodied citizens of the state and other 74.23 able-bodied persons,residing in the state who have or shall 74.24 have declared their intention to become citizens of the United 74.25 States, when so authorized by federal law, who comply with the 74.26 minimum age requirements for federal regular military service 74.27 under United States Code, title 10, section 505, and who are not 74.28 more than 45 years of age; provided, that the governor may, when 74.29 the governor deems it necessary for the defense of the state, 74.30 extend the maximum age for militia service to not more than 64 74.31 years; and 74.32 (2) persons who enlist in, are commissioned in, or are 74.33 otherwise appointed to the Minnesota national guard in 74.34 accordance with applicable federal law and regulation, including 74.35 enlisted members, warrant officers, and commissioned officers. 74.36 Sec. 85. Minnesota Statutes 2000, section 190.07, is 75.1 amended to read: 75.2 190.07 [APPOINTMENT; QUALIFICATIONS; RANK.] 75.3 There shall be an adjutant general of the state who shall 75.4 be appointed by the governor. The adjutant general shall be a 75.5 staff officer, who at the time of appointment shall be a 75.6 commissioned officer of the national guard of this state, with 75.7 not less than ten years military service in thearmed forces75.8 national guard of this state or the armed forces of the United 75.9 States, at least three of which shall have been commissioned and 75.10 who shall have reached the grade of a field officer. 75.11 The adjutant general shall hold at least the rank of major 75.12 general and may be promoted to and including the highest rank 75.13 authorized under federal law. However, the adjutant 75.14 generalshallmay not beappointedpromoted to the rank of major 75.15 general without having at least 20 years service in the 75.16 Minnesota national guard, at least one of whichone yearhas 75.17 been in the rank of brigadier general. 75.18 The term of the adjutant general is seven years from the 75.19 date of appointment. Section 15.06, subdivisions 3, 4, and 5, 75.20 governs filling of vacancies in the office of adjutant general. 75.21 The adjutant general shall not be removed from office during a 75.22 term except upon withdrawal of federal recognition or as 75.23 otherwise provided by the military laws of this state. 75.24 Sec. 86. Minnesota Statutes 2000, section 193.144, 75.25 subdivision 6, is amended to read: 75.26 Subd. 6. [DISPOSAL OF UNUSED SITE.] In case any land 75.27 acquired for armory site purposes hereunder has been donated to 75.28 such corporation or to the state of Minnesota by such county or 75.29 municipality or by other governmental agency except the state, 75.30 and in case such land or any part thereof shall thereafter not 75.31 be used for armory purposes for a continuous period of more than 75.32 ten years, not including the period of any war or other 75.33 emergency in which the armed forces of the state may be engaged, 75.34 the county or municipality may provide written notice to the 75.35 adjutant general and, if the property is not used for armory 75.36 purposes within one year from the notice, the adjutant general 76.1 shall reconvey the property to the donor county or 76.2 municipality. The adjutant general may reconvey the property in 76.3 less than ten years, if the adjutant general determines that the 76.4 corporation or the state has no further interest in the property. 76.5 Sec. 87. Minnesota Statutes 2000, section 193.145, 76.6 subdivision 4, is amended to read: 76.7 Subd. 4. [PAYMENTS BY ADJUTANT GENERAL.] Whether or not 76.8 bonds are issued, the adjutant general is hereby authorized to 76.9 pay to such corporation, out of any moneys which may from time 76.10 to time be appropriated to and for the military department and 76.11 not appropriated or set apart for any other specific purpose, 76.12 the sum of not less than $3,000 per year for each unit of the 76.13 national guard quartered in such armory when only one such unit 76.14 is so quartered, and the sum of not less than $2,000 per year 76.15 for each additional unit when more than one such unit is so 76.16 quartered, and may bind the office of the adjutant general, both 76.17 currently and in the future, by agreement to such corporation to 76.18 make such payments in a specific amount or amounts out of such 76.19 appropriations for a period of not more than 40 years. 76.20 Sec. 88. Minnesota Statutes 2000, section 193.148, is 76.21 amended to read: 76.22 193.148 [CONVEYANCE TO STATE.] 76.23 When payment has been made of all indebtedness incurred by 76.24 such corporation or of all funds spent by the corporation 76.25 incident to the procurement, erection, equipment, and operation 76.26 of any armory built under the provisions of sections 193.141 to 76.27 193.149, including the payment in full of the principal and 76.28 interest of all bonds issued by such corporation to cover the 76.29 cost of such armory or the full repayment of any commission 76.30 funds expended for the construction of such armory, such 76.31 corporation shall transfer and convey such armory building and 76.32 the site thereof to the state of Minnesota, for military 76.33 purposes, to be administered as are other state-owned armories. 76.34 Any unencumbered balance then held by the commission 76.35 accruing to such armory shall be retained to be applied to the 76.36 future maintenance, repair, and equipment of armories. 77.1 Sec. 89. Minnesota Statutes 2000, section 197.75, 77.2 subdivision 1, is amended to read: 77.3 Subdivision 1. [BENEFITS; ELIGIBILITY.] The commissioner 77.4 of veterans affairs shall spend a biennial appropriation for 77.5 tuition of veterans, and for tuition, fees, board, room, books 77.6 and supplies of the children of veterans who have died as a 77.7 result of their service in the armed forces of the United States 77.8 as determined by the United States Veterans Administration or 77.9 other instrumentality of the United States, in the University of 77.10 Minnesota, a state university, a community college, a technical 77.11 college, or any other university of higher learning within the 77.12 state accredited by the North Central Association of Colleges 77.13 and Secondary Schools, a law college approved by the supreme 77.14 court, a nursing school approved by the state board of nursing, 77.15 or in a trade, business, or vocational school in the state 77.16 approved by the state department of children, families, and 77.17 learning, or in a theological seminary, for any course which 77.18 such veteran or child may elect. Not more than$350$750 shall 77.19 be expended for the benefit of any individual veteran, and not 77.20 more than$350$750 in any fiscal year shall be expended for the 77.21 benefit of any child under this section, and the need for the 77.22 benefit shall be established and determined by the commissioner 77.23 of veterans affairs. No child of any veteran shall make 77.24 application for the benefits provided in this section unless the 77.25 child resided in Minnesota for at least two years immediately 77.26 prior to the date of the application. Children of veterans 77.27 eligible for benefits according to this section shall be 77.28 admitted to state institutions of university grade free of 77.29 tuition until they receive a bachelors or equivalent degree. 77.30 Payments of benefits shall be made directly to the institution 77.31 in which the course of instruction is given or to the individual 77.32 on forms prescribed by the commissioner. 77.33 Sec. 90. Minnesota Statutes 2000, section 197.75, 77.34 subdivision 2, is amended to read: 77.35 Subd. 2. [LIMITATIONS.] The benefits in subdivision 1 are 77.36 not available to a veteran who is entitled to the same or 78.1 similar benefits under a law or regulation of the United States, 78.2with the exceptions in paragraphs (a) and (b).78.3(a)except that a veteran who has been eligible for and has 78.4 used up the benefits the veteran is entitled to under the laws 78.5 of the United States is entitled to the benefits provided for by 78.6 subdivision 1. 78.7(b) A veteran who has had less than ten years of78.8eligibility for educational assistance under federal law because78.9of the December 31, 1989, delimiting date and who has lost more78.10than four months of that eligibility is entitled to the benefits78.11provided for by subdivision 1.78.12 Sec. 91. Minnesota Statutes 2000, section 240A.08, is 78.13 amended to read: 78.14 240A.08 [APPROPRIATION.] 78.15(a)$750,000 is appropriated annually from the general fund 78.16to the Minnesota amateur sports commission for the purpose of78.17entering into long-term leases, use, or other agreements with78.18the metropolitan sports facilities commission for the conduct of78.19amateur sports activities at the basketball and hockey arena,78.20consistent with the purposes set forth in this chapter,78.21including (1) stimulating and promoting amateur sports, (2)78.22promoting physical fitness by promoting participation in sports,78.23(3) promoting the development of recreational amateur sport78.24opportunities and activities, and (4) promoting local, regional,78.25national, and international amateur sport competitions and78.26events. The amateur sports commission shall determine what78.27constitutes amateur sports activities as provided in this78.28chapter as of March 1, 1995. The metropolitan sports facilities78.29commission may allocate at least 25 but no more than 50 dates a78.30year for the conduct of amateur sports activities at the78.31basketball and hockey arena by the amateur sports commission.78.32At least 12 of the dates must be on a Friday, Saturday, or78.33Sunday. The amateur sports commission may sell a date at the78.34arena to another group for any purpose. Revenue from sale of78.35these dates is appropriated to the amateur sports commission for78.36purposes listed in section 240A.04. If any amateur sports79.1activities conducted by the amateur sports commission at the79.2basketball and hockey arena are restricted to participants of79.3one gender, an equal number of activities on comparable days of79.4the week must be conducted for participants of the other gender,79.5but not necessarily in the same year. The legislature reserves79.6the right to repeal or amend this appropriation, and does not79.7intend this appropriation to create public debt.79.8(b) The amateur sports commission shall not transmit to the79.9operator of the basketball and hockey arena payment of any79.10event-related costs or expenses, including, but not limited to,79.11personnel, labor, services, equipment, utilities, or supplies79.12attributable to the events unless and until the operator has79.13demonstrated, to the satisfaction of the amateur sports79.14commission, the basis for each specific cost or expense and the79.15means by which the costs and expenses were determined.79.16(c) The amateur sports commission may use any ticket system79.17as may be in place from time to time at the basketball and79.18hockey arena, provided that any royalty or rebate fees or79.19charges or surcharges on tickets received by the operator of the79.20arena from third parties must be credited against event-related79.21costs or expenses.79.22(d) In the establishment of event-related costs to be79.23imposed upon the amateur sports commission, the operator of the79.24basketball and hockey arena shall provide the amateur sports79.25commission with the maximum discount that the operator has79.26supplied to any other sponsor of a similar amateur sports event79.27in the arena within the 180-day period immediately preceding the79.28date of the amateur sports commission event.79.29(e) The amateur sports commission must report by August 179.30each year to the chairs of the house and senate state government79.31finance divisions on compliance with this section and on the79.32total value of dates and ancillary services, and revenue derived79.33from resale of dates, during the previous state fiscal year.79.34(f) The attorney general, on behalf of the amateur sports79.35commission, must pursue collection of monetary damages from the79.36operator of the arena if the operator fails to comply with the80.1requirements of this section.80.2(g) The books, records, documents, accounting procedures,80.3and practices of the metropolitan sports facilities commission,80.4the Minneapolis community development agency, and any80.5corporation with which the Minnesota amateur sports commission80.6may contract for use of the basketball and hockey arena are80.7available for review by the Minnesota amateur sports commission,80.8the legislative auditor, and the chairs of the state government80.9finance divisions of the senate and the house of80.10representatives, subject to chapter 13 and section 473.598,80.11subdivision 4to provide grants for soccer field development 80.12 under section 240A.13. This section expires July 1, 2003. 80.13 Sec. 92. [240A.13] [SOCCER FIELD DEVELOPMENT.] 80.14 Subdivision 1. [GRANTS.] The commission may make matching 80.15 grants to political subdivisions of the state to develop new 80.16 soccer fields for amateur athletics. In awarding grants, the 80.17 commission shall give priority to proposals from multiple 80.18 applicants. To the extent possible, over time, the commission 80.19 shall disperse grants equally among the state's congressional 80.20 districts. 80.21 Subd. 2. [MATCHING CRITERIA.] Each grant for soccer field 80.22 development under this section must be matched by recipient 80.23 communities or institutions in accordance with this 80.24 subdivision. A matching contribution may include an in-kind 80.25 contribution of land; access roadways and access roadway 80.26 improvements; and necessary utility services, landscaping, and 80.27 parking. The first $20,000 of a grant must be matched equally 80.28 by the recipient. The portion of a grant that is more than 80.29 $20,000 but not more than $75,000 must be matched by the 80.30 recipient at a rate double the amount of that portion of the 80.31 grant. The portion of a grant that is more than $75,000 must be 80.32 matched by the recipient at a rate of three times the amount of 80.33 that portion of the grant. 80.34 Sec. 93. Minnesota Statutes 2000, section 317A.123, 80.35 subdivision 1, is amended to read: 80.36 Subdivision 1. [STATEMENT.] A corporation may change its 81.1 registered office, designate or change its registered agent, or 81.2 state a change in the name of its registered agent, by filing 81.3 with the secretary of state a statement containing: 81.4 (1) the name of the corporation; 81.5 (2) if the address of its registered office is to be 81.6 changed, the new address of its registered office; 81.7 (3) if its registered agent is to be designated or changed, 81.8 the name of its new registered agent; 81.9 (4) if the name of its registered agent is to be changed, 81.10 the name of its registered agent as changed; 81.11 (5) a statement that the address of its registered office 81.12 and the address of the office of its registered agent, as 81.13 changed, will be identical; and 81.14 (6) a statement that the change of registered office or 81.15 registered agent was authorized by resolution approved by the 81.16 board. 81.17 The statement need not be accompanied by a filing fee if 81.18 the statement is being filed only to change the address of the 81.19 registered office. 81.20 [EFFECTIVE DATE.] This section is effective July 1, 2002. 81.21 Sec. 94. Minnesota Statutes 2000, section 317A.827, 81.22 subdivision 2, is amended to read: 81.23 Subd. 2. [REINSTATEMENT.] A corporation dissolved under 81.24 section 317A.823 may retroactively reinstate its corporate 81.25 existence by filing a single annual registrationand paying a81.26$25 fee. Filing the annual registration with the secretary of 81.27 state: 81.28 (1) returns the corporation to active status as of the date 81.29 of the dissolution; 81.30 (2) validates contracts or other acts within the authority 81.31 of the articles, and the corporation is liable for those 81.32 contracts or acts; and 81.33 (3) restores to the corporation all assets and rights of 81.34 the corporation and its members to the extent they were held by 81.35 the corporation and its members before the dissolution occurred, 81.36 except to the extent that assets or rights were affected by acts 82.1 occurring after the dissolution or sold or otherwise distributed 82.2 after that time. 82.3 [EFFECTIVE DATE.] This section is effective the day 82.4 following final enactment. 82.5 Sec. 95. Minnesota Statutes 2000, section 394.232, 82.6 subdivision 1, is amended to read: 82.7 Subdivision 1. [GENERAL.] Each county is encouraged to 82.8 prepare and implement acommunity-based comprehensive82.9 sustainable land use plan. A community-based comprehensive plan82.10is a comprehensive planthat is consistent with the goals 82.11 ofcommunity-basedsustainable land use planning in section 82.12 4A.08. 82.13 Sec. 96. Minnesota Statutes 2000, section 394.232, is 82.14 amended by adding a subdivision to read: 82.15 Subd. 1a. [RESIDENT PARTICIPATION.] Each county is 82.16 encouraged to develop a planning process with broad resident 82.17 participation that is early and continuous in order to build 82.18 local capacity to plan for sustainable development and to 82.19 benefit from the insights, knowledge, and support of local 82.20 residents. 82.21 Sec. 97. Minnesota Statutes 2000, section 394.232, 82.22 subdivision 2, is amended to read: 82.23 Subd. 2. [NOTICE AND PARTICIPATION.] Notice must be given 82.24 at the beginning of thecommunity-based comprehensive82.25 sustainable planning process to the office of strategic and 82.26 long-range planning,the department of natural resources, the82.27department of agriculture, the department of trade and economic82.28development, the board of water and soil resources, the82.29pollution control agency, the department of transportation,82.30 local government units, and local citizens to actively 82.31 participate in the development of the plan.An agency that is82.32invited to participate in the development of a local plan but82.33declines to do so and fails to participate or to provide written82.34comments during the plan development process waives the right82.35during the office's review and comment period to submit82.36comments, except for comments concerning consistency of the plan83.1with laws and rules administered by the agency. In determining83.2the merit of the agency comment, the office shall consider the83.3involvement of the agency in the development of the plan.The 83.4 office of strategic and long-range planning, after consulting 83.5 with the county, shall notify other state agencies about the 83.6 county's planning process and coordinate their participation. 83.7 Agencies are not required to participate but are expected to 83.8 provide information as requested by local officials and the 83.9 office of strategic and long-range planning. Agencies may also 83.10 comment on the plan as it is being developed. 83.11 Sec. 98. Minnesota Statutes 2000, section 394.232, 83.12 subdivision 3, is amended to read: 83.13 Subd. 3. [COORDINATION.] A county that prepares a 83.14community-based comprehensivesustainable planshall coordinate83.15 should ensure that its plan is developed in coordination with 83.16 the plans of its neighbors and its constituent municipalities 83.17 and towns in order both to prevent its plan from having an 83.18 adverse impact on other jurisdictions and to complement plans of 83.19 other jurisdictions. The county'scommunity-based comprehensive83.20 planmustshould incorporate thecommunity-based comprehensive83.21 plan of any municipality or town in the county prepared in 83.22 accordance with section 462.3535. A county may incorporate a 83.23 municipal or towncommunity-based comprehensiveplan by 83.24 reference. 83.25 Sec. 99. Minnesota Statutes 2000, section 394.232, 83.26 subdivision 4, is amended to read: 83.27 Subd. 4. [LIMITED JOINT PLANNING.] Under the joint 83.28 exercise of powers provisions in section 471.59, a county may 83.29 establish a joint planning district with other counties, 83.30 municipalities, and towns, that are geographically 83.31 contiguous,to adopt a single community-based comprehensive plan83.32 for the purpose of developing and implementing multiple 83.33 sustainable land use plans for the district. The county may not 83.34 delegate its authority to adopt official controls under this 83.35 chapter to the board of the joint planning district. 83.36 Sec. 100. Minnesota Statutes 2000, section 394.232, 84.1 subdivision 5, is amended to read: 84.2 Subd. 5. [REVIEW AND COMMENT.] (a) For the purpose of 84.3 determining whether the plan conflicts with state laws and 84.4 rules, the county or joint planning district shall submit 84.5 itscommunity-based comprehensivesustainable land use plan to 84.6 the office of strategic and long-range planning for reviewof84.7the extent to which the plan promotes local citizen84.8participation, promotes cooperation among adjacent communities,84.9andand comment. The office shall also comment on the extent to 84.10 which the plan demonstrates consideration of thecommunity-based84.11planninggoals in section 4A.08. The office has 60 days after 84.12 submittal to comment on the plan. 84.13 (b)The office may not disapprove a community-based84.14comprehensive plan if the office determines that the plan84.15promotes local citizen participation, promotes cooperation among84.16adjacent communities, and demonstrates consideration of the84.17community-based planning goals in section 4A.08.84.18(c)If the officedisagrees with a community-based84.19comprehensivefinds that the plan or any elements of the 84.20 plan are in conflict with state laws or rules or the goals in 84.21 section 4A.08, the office shall notify the county or district of 84.22 these findings in writingof how the plan specifically fails to84.23address the goals of community-based planning. The findings are 84.24 advisory only and must not be used as a basis for providing or 84.25 refusing to provide any state aids. Upon receipt of the 84.26 office's written comments, the county or district has 120 days 84.27 toreviseamend thecommunity-based comprehensiveplan and 84.28 resubmit it to the office for reconsideration. The county may 84.29 state in writing any disagreements with the findings. 84.30(d) If the county or district refuses to revise the plan or84.31the office disagrees with the revised plan, the office shall84.32within 60 days notify the county or district that it wishes to84.33initiate the dispute resolution process in chapter 572A.84.34(e) Within 60 days of notice from the office, the county or84.35joint planning district shall notify the office of its intent to84.36enter the dispute resolution process. If the county or district85.1refuses to enter the dispute resolution process, the county or85.2district is ineligible for any future grant disbursements85.3related to community-based planning activities through the85.4office.85.5(f) Priority for other state grants, loans, and other85.6discretionary spending must not be given to local units of85.7government based on their participation in community-based85.8planning.85.9 Sec. 101. Minnesota Statutes 2000, section 394.232, 85.10 subdivision 7, is amended to read: 85.11 Subd. 7. [NO MANDAMUS PROCEEDING.] A mandamus proceeding 85.12 may not be instituted against a county under this section to 85.13 require the county to conform itscommunity-based85.14comprehensiveland use plan to be consistent with the 85.15community-based planninggoals in section 4A.08. 85.16 Sec. 102. Minnesota Statutes 2000, section 403.11, 85.17 subdivision 1, is amended to read: 85.18 Subdivision 1. [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each 85.19 customer of a telephone company or communications carrier that 85.20 provides service capable of originating a 911 emergency 85.21 telephone call is assessed a fee to cover the costs of ongoing 85.22 maintenance and related improvements for trunking and central 85.23 office switching equipment for minimum 911 emergency telephone 85.24 service, plus administrative and staffing costs of the 85.25 department of administration related to managing the 911 85.26 emergency telephone service program. Recurring charges by a 85.27 public utility providing telephone service for updating the 85.28 information required by section 403.07, subdivision 3, must be 85.29 paid by the commissioner of administration if the utility is 85.30 included in an approved 911 planand, the charges have been 85.31 certified and approved under subdivision 3., and an 85.32 appropriation has been made to make these payments. If money is 85.33 appropriated for this purpose, the commissioner of 85.34 administration shall transfer an amount equal to two cents a 85.35 month from the fee assessed under this section on cellular and 85.36 other nonwire access services to the commissioner of public 86.1 safety for the purpose of offsetting the costs, including 86.2 administrative and staffing costs, incurred by the state patrol 86.3 division of the department of public safety in handling 911 86.4 emergency calls made from cellular phones.Money remaining in86.5the 911 emergency telephone service account after all other86.6obligations are paid must not cancel and is carried forward to86.7subsequent years and may be appropriated from time to time to86.8 Subject to available appropriations, the commissioner of 86.9 administrationtomay provide financial assistance to counties 86.10 for the improvement of local emergency telephone services. The 86.11 improvements may include providing access to minimum 911 service 86.12 for telephone service subscribers currently without access and 86.13 upgrading existing 911 service to include automatic number 86.14 identification, local location identification, automatic 86.15 location identification, and other improvements specified in 86.16 revised county 911 plans approved by the department. 86.17 (b) The feemay not be less than eight cents nor more than86.1830is 27 cents a month for each customer access line or other 86.19 basic access service, including trunk equivalents as designated 86.20 by the public utilities commission for access charge purposes 86.21 and including cellular and other nonwire access services. The 86.22 fee must be the same for all customers. 86.23 (c) The fee must be collected by each company or carrier 86.24 providing service subject to the fee. Fees are payable to and 86.25 must be submitted to the commissioner of administration monthly 86.26 before the 25th of each month following the month of collection, 86.27 except that fees may be submitted quarterly if less than $250 a 86.28 month is due, or annually if less than $25 a month is due. 86.29 Receipts must be deposited in thestate treasury and credited to86.30a 911 emergency telephone service account in the special revenue86.31 general fund.The money in the account may only be used for 91186.32telephone services as provided in paragraph (a).86.33 (d)The commissioner of administration, with the approval86.34of the commissioner of finance, shall establish the amount of86.35the fee within the limits specified and inform the companies and86.36carriers of the amount to be collected. Companies and carriers87.1must be given a minimum of 45 days' notice of fee changes.87.2(e)This subdivision does not apply to customers of a 87.3 telecommunications carrier as defined in section 237.01, 87.4 subdivision 6. 87.5 Sec. 103. Minnesota Statutes 2000, section 403.11, 87.6 subdivision 2, is amended to read: 87.7 Subd. 2. [MODIFICATION COSTS.] (a) The costs of a public 87.8 utility incurred in the modification of central office switching 87.9 equipment for minimum 911 service shall be paid from the general 87.10 fund of the state treasury by appropriations for that purpose. 87.11 (b) The installation and recurring charges for integrating 87.12 cellular and other wireless access services 911 calls into 87.13 enhanced 911 systems must be paid by the commissioner if funds 87.14 are appropriated for this purpose and if the 911 service 87.15 provider is included in the statewide design plan and the 87.16 charges have been certified and approved under subdivision 3, or 87.17 the wireless access service provider has completed a contract 87.18 for service with the commissioner, and charges are considered 87.19 reasonable and accurate by the commissioner. Charges payable to 87.20 wireless access service providers are not subject to the 87.21 provisions of subdivision 3. 87.22 Sec. 104. Minnesota Statutes 2000, section 403.113, 87.23 subdivision 1, is amended to read: 87.24 Subdivision 1. [FEE.] (a) In addition to the actual fee 87.25 assessed under section 403.11, each customer receiving local 87.26 telephone service, including cellular or other nonwire service, 87.27 is assessed a fee to fund implementation and maintenance of 87.28 enhanced 911 service, including acquisition of necessary 87.29 equipment and the costs of the commissioner to administer the 87.30 program. The enhanced fee collected from cellular or other 87.31 nonwire service customers must be collected effective in July 87.32 1997 billings. The actual fee assessed under section 403.11 and 87.33 the enhanced 911 service fee must be collected as one amount and 87.34 may not exceed the amount specified in section 403.11, 87.35 subdivision 1, paragraph (b). 87.36 (b) The enhanced 911 service fee must be collected and 88.1 deposited in thesame manner as the fee in section 403.1188.2 general fund and, subject to the appropriations, used solely for 88.3 the purposes of paragraph (a) and subdivision 3. 88.4 (c) The commissioner of the department of administration, 88.5 in consultation with counties and 911 system users, shall 88.6 determine the amount of the enhanced 911 service fee and inform 88.7 telephone companies or communications carriers that provide 88.8 service capable of originating a 911 emergency telephone call of 88.9 the total amount of the 911 service fees in the same manner as 88.10 provided in section 403.11. 88.11 Sec. 105. Minnesota Statutes 2000, section 403.113, 88.12 subdivision 2, is amended to read: 88.13 Subd. 2. [DISTRIBUTION OF MONEY.] (a) After payment of the 88.14 costs of the department of administration to administer the 88.15 program, the commissioner shall distribute the moneycollected88.16underappropriated for purposes of this section as follows: 88.17 (1) one-half of the amount equally to all qualified 88.18 counties, and after October 1, 1997, to all qualified counties, 88.19 existing ten public safety answering points operated by the 88.20 Minnesota state patrol, and each governmental entity operating 88.21 the individual public safety answering points serving the 88.22 metropolitan airports commission, the Red Lake Indian 88.23 Reservation, and the University of Minnesota police department; 88.24 and 88.25 (2) the remaining one-half to qualified counties and cities 88.26 with existing 911 systems based on each county's or city's 88.27 percentage of the total population of qualified counties and 88.28 cities. The population of a qualified city with an existing 88.29 system must be deducted from its county's population when 88.30 calculating the county's share under this clause if the city 88.31 seeks direct distribution of its share. 88.32 (b) A county's share under subdivision 1 must be shared pro 88.33 rata between the county and existing city systems in the 88.34 county. A county or city or other governmental entity as 88.35 described in paragraph (a), clause (1), shall deposit money 88.36 received under this subdivision in an interest-bearing fund or 89.1 account separate from the governmental entity's general fund and 89.2 may use money in the fund or account only for the purposes 89.3 specified in subdivision 3. 89.4 (c) A county or city or other governmental entity as 89.5 described in paragraph (a), clause (1), is not qualified to 89.6 share in the distribution of money for enhanced 911 service if 89.7 it has not implemented enhanced 911 service before December 31, 89.8 1998. 89.9 (d) For the purposes of this subdivision, "existing city 89.10 system" means a city 911 system that provides at least basic 911 89.11 service and that was implemented on or before April 1, 1993. 89.12 Sec. 106. Minnesota Statutes 2000, section 462.351, is 89.13 amended to read: 89.14 462.351 [MUNICIPAL PLANNING AND DEVELOPMENT; STATEMENT OF 89.15 POLICY.] 89.16 The legislature finds thatmunicipalities are faced with89.17mounting problems in providing means of guiding future89.18development of land so as to insure a safer, more pleasant and89.19more economical environment forresidential, commercial, 89.20 industrial and public activities, to preserveare best served 89.21 when land uses decisions are locally controlled, and when such 89.22 plans avoid inflexible, centrally directed land use restrictions 89.23 and mandates that may result in unforeseen consequences. The 89.24 preservation of agricultural and other open lands, and to89.25promote theis best accomplished by private means. Government 89.26 ownership should, to the greatest extent possible, be limited to 89.27 the protection of public health, safety, and general 89.28 welfare.Municipalities can prepare for anticipated changes and89.29by such preparations bring about significant savings in both89.30private and public expenditures.Municipal planning, by 89.31providing public guides to future municipal action, enables89.32other public and private agencies to plan their activities in89.33harmony with the municipality's plans. Municipal planning will89.34assist in developing lands more wisely to serve citizens more89.35effectively,remaining flexible and adaptable to freely 89.36 functioning land markets, will make the provision of public 90.1 services less costly,and will achieve a more secure tax base. 90.2 It is the purpose of sections 462.351 to 462.364 to provide 90.3 municipalities, in a single body of law, with the necessary 90.4 powers and a uniform procedure for adequately conducting and 90.5 implementing municipal planning. 90.6 Sec. 107. Minnesota Statutes 2000, section 462.352, 90.7 subdivision 5, is amended to read: 90.8 Subd. 5. [COMPREHENSIVE MUNICIPAL PLAN.] "Comprehensive 90.9 municipal plan" means a compilation of policy statements, goals, 90.10 standards, and maps for guiding the physical, social and90.11economicdevelopment, both private and public,of the 90.12 municipality and its environs, including air space and 90.13 subsurface areas necessary for mined underground space 90.14 development pursuant to sections 469.135 to 469.141, and. 90.15 Comprehensive municipal plans may include, but is not limited 90.16 to, the following: statements of policies, goals, standards, a 90.17 land use plan,including proposed densities for development,a 90.18 community facilities plan, a transportation plan, and 90.19 recommendations for plan execution. A comprehensive plan 90.20 represents the planning agency's recommendations for the future 90.21 development of the community. 90.22 Sec. 108. Minnesota Statutes 2000, section 462.352, 90.23 subdivision 6, is amended to read: 90.24 Subd. 6. [LAND USE PLAN.] "Land use plan" means a 90.25 compilation of policy statements, goals, standards, and maps, 90.26 and action programs for guidingthefuture developmentof90.27private and public property. Theterm includesplan must 90.28 include clear procedures to allow members of the public to 90.29 initiate a procedure to amend the plan, a plan designating types 90.30 of uses for the entire municipality as well as a specialized 90.31 plan showing specific areas or specific types of land uses, such 90.32 as residential, commercial, industrial, public or semipublic 90.33 uses or any combination of such uses.A land use plan may also90.34include the proposed densities for development.90.35 Sec. 109. Minnesota Statutes 2000, section 462.3535, 90.36 subdivision 1, is amended to read: 91.1 Subdivision 1. [GENERAL.] Each municipality is encouraged 91.2 to prepare and implement acommunity-basedcomprehensive 91.3 municipalplan. A community-based comprehensive municipal plan91.4is a comprehensiveplan that is consistent with the goalsof91.5community-based planningin section 4A.08. 91.6 Sec. 110. Minnesota Statutes 2000, section 462.3535, 91.7 subdivision 2, is amended to read: 91.8 Subd. 2. [COORDINATION.] A municipality that prepares 91.9 acommunity-basedcomprehensive municipal plan that is 91.10 consistent with the goals in section 4A.08 shallcoordinate its91.11plan with the plans, if any, ofprovide a copy of its plan to 91.12 the county and the municipality's neighborsbothin order to 91.13prevent the plan from having andetermine if implementation of 91.14 the plan will result in any clear adverseimpactimpacts on 91.15 other jurisdictionsand to complement the plans of other91.16jurisdictions. The municipality shall prepare its plan to be91.17incorporated into the county's community-based comprehensive91.18plan, if the county is preparing or has prepared one, and shall91.19otherwise assist and cooperate with the county in its91.20community-based planning. 91.21 Sec. 111. Minnesota Statutes 2000, section 462.3535, 91.22 subdivision 3, is amended to read: 91.23 Subd. 3. [LIMITED JOINT PLANNING.] Under the joint 91.24 exercise of powers provisions in section 471.59, a municipality 91.25 may establish a joint planning district with other 91.26 municipalities or counties that are geographically contiguous,91.27to adopt a single community-based comprehensive plan for the91.28districtfor the purpose of jointly developing complementary 91.29 land use plans that are consistent with section 4A.08. The 91.30 purpose of joint planning is to develop separate plans that are 91.31 unique to each municipality, but are not substantially in 91.32 conflict. A municipality may not delegate its authority to 91.33 adopt official controls under sections 462.351 to 462.364, to 91.34 the board of the joint planning district. 91.35 Sec. 112. Minnesota Statutes 2000, section 462.3535, 91.36 subdivision 4, is amended to read: 92.1 Subd. 4. [CITIES; URBAN GROWTH AREAS.](a)The 92.2community-basedcomprehensive municipal plan for a statutory or 92.3 home rule charter city, and official controls to implement the 92.4 plan, must at a minimum, address any urban growth area92.5identified in a county plan and may establish an urban growth92.6area for the urbanized and urbanizing area. The city plan must92.7 establish a staged process forboundary adjustment to include92.8the urbanized or urbanizing area within corporate limits as the92.9urban growth area is developed and providedextending municipal 92.10 services to surrounding areas. 92.11(b) Within the urban growth area, the plan must provide for92.12the staged provision of urban services, including,Such services 92.13 include, but are not limited to, water, wastewater collection 92.14 and treatment, and transportation. 92.15 Sec. 113. Minnesota Statutes 2000, section 462.3535, 92.16 subdivision 10, is amended to read: 92.17 Subd. 10. [NO MANDAMUS PROCEEDING.] A mandamus proceeding 92.18 may not be instituted against a municipality under this section 92.19 to require the municipality to conform itscommunity-based92.20comprehensiveland use plan to be consistent with the 92.21community-based planninggoals in section 4A.08. 92.22 Sec. 114. Minnesota Statutes 2000, section 473.13, is 92.23 amended by adding a subdivision to read: 92.24 Subd. 1b. [REPORT ON CONSULTANTS.] The annual budget must 92.25 list by contract or project, expenditures for consultants and 92.26 professional, technical, and other similar services for the 92.27 preceding fiscal year and those proposed or anticipated in the 92.28 next year. The council shall consult with the state auditor and 92.29 the legislative auditor on how to coherently and effectively 92.30 communicate in the budget information on professional services 92.31 contracts, including a detailed description of the (1) methods 92.32 the council used to obtain consultant services, (2) criteria 92.33 used by the council to award the contract, (3) number of 92.34 consultants who sought the contract, (4) total cost of the 92.35 contract, (5) duration of the contract, (6) source of the funds 92.36 used to pay for the contract. 93.1 Sec. 115. Minnesota Statutes 2000, section 473.1455, is 93.2 amended to read: 93.3 473.1455 [METROPOLITAN DEVELOPMENT GUIDE GOALS.] 93.4 The metropolitan council shall amend the metropolitan 93.5 development guide, as necessary, to reflect and implement the 93.6community-based planninggoals in section 4A.08. The office of 93.7 strategic and long-range planning shall review and comment on 93.8 the metropolitan development guide. The council may not approve 93.9 local comprehensive plans or plan amendments after July 1, 1999, 93.10 until the metropolitan council has received andconsidered93.11 responded in writing to the comments of the office of strategic 93.12 and long-range planning. 93.13 Sec. 116. [473.246] [LEGISLATIVE COMMISSION ON 93.14 METROPOLITAN GOVERNMENT; REVIEW.] 93.15 The metropolitan council shall submit to the legislative 93.16 commission on metropolitan government information on the 93.17 council's tax rates and dollar amounts levied for the current 93.18 year, proposed property tax rates and levies, operating and 93.19 capital budgets, work program, capital improvement program, and 93.20 any other information requested by the commission, for review by 93.21 the legislative commission, as provided in section 3.99. 93.22 Sec. 117. Minnesota Statutes 2000, section 473.901, 93.23 subdivision 1, is amended to read: 93.24 Subdivision 1. [COSTS COVERED BY FEE.]For each fiscal93.25year beginning with the fiscal year commencing July 1, 1997, the93.26amount necessary to pay the following costs is appropriated to93.27the commissioner of administration from the 911 emergency93.28telephone service account established under section 403.11An 93.29 appropriation to the radio board may be used for: 93.30 (1) debt service costs and reserves for bonds issued 93.31 pursuant to section 473.898; 93.32 (2) repayment of the right-of-way acquisition loans; 93.33 (3) costs of design, construction, maintenance of, and 93.34 improvements to those elements of the first phase that support 93.35 mutual aid communications and emergency medical services; or 93.36 (4) recurring charges for leased sites and equipment for 94.1 those elements of the first phase that support actual aid and 94.2 emergency medical communication services. 94.3 This appropriation shall be used to pay annual debt service 94.4 costs and reserves for bonds issued pursuant to section 473.898 94.5 prior to use of fee money to pay other costs eligible under this 94.6 subdivision. In no event shall the appropriation for each 94.7 fiscal year exceed an amount equal to four cents a month for 94.8 each customer access line or other basic access service, 94.9 including trunk equivalents as designated by the public 94.10 utilities commission for access charge purposes and including 94.11 cellular and other nonwire access services, in the fiscal year. 94.12 Sec. 118. Minnesota Statutes 2000, section 473.901, 94.13 subdivision 2, is amended to read: 94.14 Subd. 2. [ANNUAL BUDGET OF RADIO BOARD.] The metropolitan 94.15 council shall transmit the annual budget of the radio board to 94.16 the commissioner of administration no later than December 15 of 94.17 each year. The commissioner of administration shall include 94.18 eligible costs for the regionwide public safety communication 94.19 system in its request for legislative appropriationsfrom the94.20911 emergency telephone service fee account. All eligible costs 94.21 approved by the radio board shall be included in the 94.22 commissioner of administration's appropriation request. 94.23 Sec. 119. Minnesota Statutes 2000, section 517.08, 94.24 subdivision 1b, is amended to read: 94.25 Subd. 1b. [TERM OF LICENSE; FEE; PREMARITAL EDUCATION.] 94.26 (a) The court administrator shall examine upon oath the party 94.27 applying for a license relative to the legality of the 94.28 contemplated marriage. If at the expiration of a five-day 94.29 period, on being satisfied that there is no legal impediment to 94.30 it, including the restriction contained in section 259.13, the 94.31 court administrator shall issue the license, containing the full 94.32 names of the parties before and after marriage, and county and 94.33 state of residence, with the district court seal attached, and 94.34 make a record of the date of issuance. The license shall be 94.35 valid for a period of six months. In case of emergency or 94.36 extraordinary circumstances, a judge of the district court of 95.1 the county in which the application is made, may authorize the 95.2 license to be issued at any time before the expiration of the 95.3 five days. Except as provided in paragraph (b), the court 95.4 administrator shall collect from the applicant a fee of $70 for 95.5 administering the oath, issuing, recording, and filing all 95.6 papers required, and preparing and transmitting to the state 95.7 registrar of vital statistics the reports of marriage required 95.8 by this section. If the license should not be used within the 95.9 period of six months due to illness or other extenuating 95.10 circumstances, it may be surrendered to the court administrator 95.11 for cancellation, and in that case a new license shall issue 95.12 upon request of the parties of the original license without 95.13 fee. A court administrator who knowingly issues or signs a 95.14 marriage license in any manner other than as provided in this 95.15 section shall pay to the parties aggrieved an amount not to 95.16 exceed $1,000. 95.17 (b) The marriage license fee for parties who have completed 95.18 at least 12 hours of premarital education is $20. In order to 95.19 qualify for the reduced fee, the parties must submit a signed 95.20 and dated statement from the person who provided the premarital 95.21 education confirming that it was received. The premarital 95.22 education must be provided by a licensed or ordained minister or 95.23 the minister's designee, a person authorized to solemnize 95.24 marriages under section 517.18, or a person authorized to 95.25 practice marriage and family therapy under section 148B.33. The 95.26 education must include the use of a premarital inventory and the 95.27 teaching of communication and conflict management skills. 95.28 (c) The statement from the person who provided the 95.29 premarital education under paragraph (b) must be in the 95.30 following form: 95.31 "I, (name of educator), confirm that (names of both 95.32 parties) received at least 12 hours of premarital education that 95.33 included the use of a premarital inventory and the teaching of 95.34 communication and conflict management skills. I am a licensed 95.35 or ordained minister, a person authorized to solemnize marriages 95.36 under Minnesota Statutes, section 517.18, or a person licensed 96.1 to practice marriage and family therapy under Minnesota 96.2 Statutes, section 148B.33." 96.3 The names of the parties in the educator's statement must 96.4 be identical to the legal names of the parties as they appear in 96.5 the marriage license application. Notwithstanding section 96.6 138.17, the educator's statement must be retained for seven 96.7 years, after which time it may be destroyed. 96.8(b)(d) If section 259.13 applies to the request for a 96.9 marriage license, the court administrator shall grant the 96.10 marriage license without the requested name change. 96.11 Alternatively, the court administrator may delay the granting of 96.12 the marriage license until the party with the conviction: 96.13 (1) certifies under oath that 30 days have passed since 96.14 service of the notice for a name change upon the prosecuting 96.15 authority and, if applicable, the attorney general and no 96.16 objection has been filed under section 259.13; or 96.17 (2) provides a certified copy of the court order granting 96.18 it. The parties seeking the marriage license shall have the 96.19 right to choose to have the license granted without the name 96.20 change or to delay its granting pending further action on the 96.21 name change request. 96.22 Sec. 120. Minnesota Statutes 2000, section 517.08, 96.23 subdivision 1c, is amended to read: 96.24 Subd. 1c. [DISPOSITION OF LICENSE FEE.] (a) Of the 96.25 marriage license fee collected pursuant to subdivision 96.26 1b, paragraph (a), $15 must be retained by the county. The 96.27 court administratorshallmust pay $55 to the state treasurer to 96.28 be deposited as follows: 96.29 (1) $50 in the general fund; 96.30 (2) $3 in the special revenue fund to be appropriated to 96.31 the commissioner of children, families, and learning for 96.32 supervised parenting time facilities under section 119A.37; and 96.33 (3) $2 in the special revenue fund to be appropriated to 96.34 the commissioner of health for developing and implementing the 96.35 MN ENABL program under section 145.9255. 96.36 (b) Of the $20 fee under subdivision 1b, paragraph (b), $15 97.1 must be retained by the county. The state court administrator 97.2 must pay $5 to the state treasurer to be distributed as provided 97.3 in paragraph (a), clauses (2) and (3). 97.4 Sec. 121. Minnesota Statutes 2000, section 645.44, is 97.5 amended by adding a subdivision to read: 97.6 Subd. 15a. [MUST.] "Must" is mandatory. 97.7 Sec. 122. Laws 1998, chapter 366, section 80, is amended 97.8 to read: 97.9 Sec. 80. [SETTLEMENT DIVISION; TRANSFER OF JUDGES.] 97.10 The office of administrative hearings shall establish a 97.11 settlement division. The workers' compensation judges at the 97.12 department of labor and industry, together with their support 97.13 staff, offices, furnishings, equipment, and supplies, are 97.14 transferred to the settlement division of the office of 97.15 administrative hearings. Minnesota Statutes, section 15.039, 97.16 applies to the transfer of employees.The settlement division97.17of the office of administrative hearings shall maintain offices97.18in the cities of St. Paul, Duluth, and Detroit Lakes.The 97.19 office of a judge in the settlement division of the office of 97.20 administrative hearings and the support staff of the judge may 97.21 be located in a building that contains offices of the department 97.22 of labor and industry. The seniority of a workers' compensation 97.23 judge at the office of administrative hearings, after the 97.24 transfer, shall be based on the total length of service as a 97.25 judge at either agency. For purposes of the commissioner's plan 97.26 under Minnesota Statutes, section 43A.18, subdivision 2, all 97.27 compensation judges at the office of administrative hearings 97.28 shall be considered to be in the same employment condition, the 97.29 same organizational unit and qualified for work in either 97.30 division. 97.31 Sec. 123. Laws 1999, chapter 250, article 1, section 115, 97.32 is amended to read: 97.33 Sec. 115. [REPEALER.] 97.34 (a) Minnesota Rules, part 8275.0045, subpart 2, is repealed. 97.35 (b) Minnesota Statutes 1998, sections 15.90; 15.91; 15.92; 97.36 16A.103, subdivision 3; 16E.11; 16E.12; and 16E.13, are repealed. 98.1 (c) Laws 1991, chapter 235, article 5, section 3, as 98.2 amended by Laws 1995, chapter 254, article 1, section 91, is 98.3 repealed. 98.4 (d) Minnesota Statutes 1998, section 16A.1285, subdivisions 98.5 4 and 5, are repealed. 98.6 (e) Minnesota Statutes 1998, sections 207A.01; 207A.02; 98.7 207A.03; 207A.04; 207A.06; 207A.07; 207A.08; 207A.09; and 98.8 207A.10, are repealed. 98.9 (f) S.F. No. 2223 of the 1999 regular session, if enacted, 98.10 is repealed. 98.11(g) Minnesota Statutes 1998, sections 4A.08; 4A.09; and98.124A.10, are repealed.98.13 Sec. 124. Laws 1999, chapter 250, article 1, section 116, 98.14 is amended to read: 98.15 Sec. 116. [EFFECTIVE DATE.] 98.16 (a) Section 41 is effective January 1, 2001. Section 43 is 98.17 effective July 1, 2000, with respect to preparation of the model 98.18 policies and procedures by the commissioner of administration, 98.19 and January 1, 2001, with respect to the other provisions of 98.20 section 43. 98.21 (b) Sections 62 to 64 and 93 are effective January 1, 2001. 98.22 (c) Sections 94 to 100 are effective the day following 98.23 final enactment. 98.24 (d) Sections 47, 49, 55, and 115,paragraphs98.25 paragraph (d)and (g), are effective July 1, 2001. 98.26 (e) Section 61 is effective the day following final 98.27 enactment and applies only to contracts executed on or after 98.28 that date. 98.29 (f) The commissioner of employee relations may not 98.30 implement the long-term care insurance plan under section 78 98.31 until April 1, 2000. 98.32 Sec. 125. [APPLICATION.] 98.33 Sections 114 and 116 apply in the counties of Anoka, 98.34 Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 98.35 Sec. 126. [REQUEST FOR PROPOSAL; INTERTECHNOLOGIES 98.36 SERVICES.] 99.1 By January 1, 2002, the commissioner of administration must 99.2 issue one or more requests for proposals covering all services 99.3 currently provided by the intertechnologies group in the 99.4 department of administration. Current state employees, as well 99.5 as outside vendors, may respond to the request for proposals. 99.6 Based on the requests, the commissioner must enter into a 99.7 contract to provide services covered by the requests for 99.8 proposals for the period beginning July 1, 2002. 99.9 Sec. 127. [URBAN RIVERS GUIDELINES.] 99.10 The office of strategic and long-range planning, in 99.11 consultation with appropriate and affected parties, must prepare 99.12 guidelines for sustainable development along the central 99.13 business districts of rivers in urban areas of the state. The 99.14 office must: 99.15 (1) evaluate existing state and municipal laws; 99.16 (2) review federal legislation affecting urban rivers; and 99.17 (3) identify the technical and administrative procedures to 99.18 guide urban river development. 99.19 The draft guidelines must be made available to the 99.20 environmental and economic development policy committees of the 99.21 legislature, and to interested parties, by January 15, 2002. 99.22 Sec. 128. [INITIAL BOARD.] 99.23 The initial board of Northern Technology, Inc. consists of 99.24 the president of Pine Technical College and one member of each 99.25 of the governing bodies of Carlton, Chisago, Isanti, Kanabec, 99.26 and Pine counties, appointed by the governing bodies. Members 99.27 of the initial board must be appointed within 30 days of the 99.28 effective date of this act and must adopt bylaws within 30 days 99.29 of the appointment of the last board member appointed under this 99.30 section. Any additional board members required under the bylaws 99.31 or Minnesota Statutes, section 116T.02, subdivision 3, must take 99.32 office or be appointed within 30 days after the adoption of 99.33 bylaws under this section. 99.34 Sec. 129. [CAPITOL CAFETERIA; WINE AND BEER LICENSE.] 99.35 Notwithstanding Minnesota Statutes, section 340A.412, 99.36 subdivision 4, paragraph (a), clause (2), the city of St. Paul 100.1 may issue an on-sale wine and beer license under Minnesota 100.2 Statutes, section 340A.404, subdivision 5, for the premises in 100.3 the state capitol building known as the capitol cafeteria. All 100.4 provisions of Minnesota Statutes, chapter 340A, not inconsistent 100.5 herewith, apply to the licenses authorized under this section. 100.6 [EFFECTIVE DATE.] This section is effective on approval by 100.7 the St. Paul city council and compliance with Minnesota 100.8 Statutes, section 645.021. 100.9 Sec. 130. [MINNEAPOLIS PARK AND RECREATION BOARD.] 100.10 The Minneapolis park and recreation board may solicit bids 100.11 for and may lease that portion of the property known as the Fuji 100.12 Ya restaurant that was acquired but not used to construct the 100.13 Great River Road project for the purpose of operating a 100.14 commercial food or entertainment facility that is compatible and 100.15 consistent with a location adjacent to the Mississippi river. 100.16 If the park board leases the property for such purpose, the park 100.17 board shall otherwise comply with the provisions of Minnesota 100.18 Statutes, section 16A.695, and relevant orders of the 100.19 commissioner of finance. Any funds derived from the state 100.20 through lease payments will be deposited in the appropriate fund. 100.21 Sec. 131. [HIAWATHA AVENUE LIGHT RAIL TRANSIT COST 100.22 CALCULATION.] 100.23 The office of the legislative auditor shall prepare and 100.24 submit to the legislature by January 1, 2002, a complete 100.25 accounting of all federal, state, and local costs relating to 100.26 the Hiawatha avenue light rail transit line. The cost 100.27 accounting must include: 100.28 (1) planning, environmental studies, and preliminary and 100.29 final design and engineering for the project; 100.30 (2) construction and other capital costs of the light rail 100.31 transit line when completed; 100.32 (3) improvements and repairs to and reconstruction of state 100.33 and local streets and highways incurred and anticipated as a 100.34 result of the project; 100.35 (4) all costs of utility relocation resulting from the 100.36 project; 101.1 (5) all costs incurred by the department of transportation 101.2 with respect to public information and communications about the 101.3 project; 101.4 (6) construction, acquisition, or lease of park-and-ride 101.5 facilities that would serve project riders, including costs of 101.6 relocating other public facilities to make room for those 101.7 park-and-ride facilities; 101.8 (7) projected costs of connecting the Hiawatha avenue light 101.9 rail transit line with commuter rail facilities; 101.10 (8) any costs necessitated by the project and included in 101.11 the project budget for the reconstruction of marked trunk 101.12 highway No. 55, to the extent not included under clause (3); and 101.13 (9) all public costs relating to the acquisition of real 101.14 property for the line and for the purchase and development of 101.15 real property adjacent to the project right-of-way. 101.16 Sec. 132. [PAY EQUITY STUDY.] 101.17 The commissioner of employee relations shall convene a work 101.18 group to examine the practices and progress of the local 101.19 government pay equity act. The commissioner must report the 101.20 findings of the group to the legislature by January 15, 2002. 101.21 Sec. 133. [SHALL/MUST.] 101.22 The revisor of statutes, in consultation with the directors 101.23 of house research and senate counsel and research, must report 101.24 to the house of representatives and senate rules committees and 101.25 the legislative coordinating commission by November 1, 2001, on 101.26 a proposal to change "shall" to "must" in Minnesota Statutes. 101.27 Sec. 134. [LOCATING STATE AGENCIES.] 101.28 It is the policy of the Minnesota legislature to ensure 101.29 that state government services are available to all people of 101.30 our state. 101.31 Therefore, the office of strategic and long-range planning, 101.32 in cooperation with the departments of administration and 101.33 finance, shall develop criteria for the proper location of state 101.34 agencies or parts of state agencies. The purpose of these 101.35 criteria will be to evaluate the advantages and disadvantages of 101.36 proposals to relocate and decentralize state services and 102.1 facilities. 102.2 The office shall report its recommendations to the senate 102.3 finance committee, senate capital investment committee, house 102.4 ways and means committee, and house capital investment committee 102.5 by January 15, 2002. 102.6 Sec. 135. [REVISOR'S INSTRUCTION.] 102.7 The revisor of statutes shall renumber Minnesota Statutes, 102.8 section 16B.88, as Minnesota Statutes, section 4.50. 102.9 Sec. 136. [TRANSFERS.] 102.10 (a) The management analysis division of the department of 102.11 administration is transferred to the office of strategic and 102.12 long-range planning according to Minnesota Statutes, section 102.13 15.039. 102.14 (b) The office of citizenship and volunteer services is 102.15 transferred from the department of administration to the office 102.16 of the governor according to Minnesota Statutes, section 15.039. 102.17 Sec. 137. [REPEALER.] 102.18 (a) Minnesota Statutes 2000, sections 3.885; 3.9222; 8.31, 102.19 subdivision 2c; 13.606, subdivision 2; 16A.67; 16A.6701; 16B.37; 102.20 16B.58, subdivision 7; 129D.06; 246.18, subdivision 7; 394.232; 102.21 473.1455; 572A.01; and 572A.03, subdivision 2, are repealed. 102.22 (b) Minnesota Statutes 2000, sections 13.202, subdivision 102.23 8; 465.795; 465.796; 465.797; 465.7971; 465.798; 465.799; 102.24 465.801; 465.802; 465.803; 465.83; 465.87; and 465.88, are 102.25 repealed. 102.26 (c) Minnesota Statutes 2000, sections 4A.07, subdivision 3; 102.27 462.352, subdivision 18; and 462.3535, subdivisions 5, 6, 7, 8, 102.28 and 9, are repealed. 102.29 Sec. 138. [EFFECTIVE DATE.] 102.30 Sections 9 and 10 are effective January 1, 2002. Sections 102.31 27 to 31 are effective July 1, 2002. Sections 38, 56, 82, 123, 102.32 and 124 are effective June 30, 2001. Sections 69 to 71 are 102.33 effective the day following final enactment. Section 69 is a 102.34 clarification of the law in effect before the effective date of 102.35 section 69. 102.36 ARTICLE 3 103.1 ELECTIONS 103.2 Section 1. Minnesota Statutes 2000, section 103C.311, 103.3 subdivision 1, is amended to read: 103.4 Subdivision 1. [SUPERVISORS ELECTED AT LARGE.] (a) The 103.5 district board, after the initial election has been held, shall, 103.6 with the approval of the state board, divide a district into 103.7 five supervisor districts for purposes of nomination for 103.8 election. At each election after the division, one or more 103.9 supervisors shall be nominated from each supervisor district. A 103.10 supervisor must be a resident of the supervisor district to be 103.11 elected. 103.12 (b) If the boundary of a soil and water conservation 103.13 district has been substantially changed by a division of the 103.14 district, the district shall be divided into five supervisor 103.15 districts for nomination purposes. 103.16 (c) This subdivision does not disqualify a supervisor 103.17 during the term for which the supervisor was elected or 103.18 nominated for election. Supervisors nominated from the 103.19 supervisor districts shall be included on the ballot for 103.20 election from the entire area included in the soil and water 103.21 conservation district. 103.22 (d) A certified copy of the minutes or the resolution of 103.23 the supervisors establishing supervisor districts must be 103.24 promptly filed by the chair of the district board with the 103.25 county auditor of the counties where the district is located and 103.26 with the state board. 103.27 Sec. 2. [200.039] [PETITION REQUIREMENTS FOR BALLOT 103.28 QUESTIONS.] 103.29 If a statute: 103.30 (1) provides that a ballot question may or must be placed 103.31 on the ballot when a specified number of individuals have signed 103.32 a petition, and 103.33 (2) specifies the number of individuals required under the 103.34 statute as a percentage of the individuals who voted in a 103.35 previous election, 103.36 the statute must be construed to mean that the petition must be 104.1 signed by a number of current voters equal to the required 104.2 percentage specified in the statute. The statute must not be 104.3 construed to restrict the eligibility to sign the petition to 104.4 only those individuals who were eligible to cast ballots or who 104.5 did cast ballots in the previous election. 104.6 Sec. 3. Minnesota Statutes 2000, section 201.016, 104.7 subdivision 1a, is amended to read: 104.8 Subd. 1a. [VIOLATIONS; PENALTY.] (a) The county auditor 104.9 shall mail a violation notice to any voter who the county 104.10 auditor can determine has voted in a precinct other than the 104.11 precinct in which the voter maintains residence. The notice 104.12 must be in the form provided by the secretary of state. The 104.13 county auditor shall also change the status of the voter in the 104.14 statewide registration system to "challenged" and the voter 104.15 shall be required to provide proof of residence to either the 104.16 county auditor or to the election judges in the voter's precinct 104.17 before voting in the next election. Any of the forms authorized 104.18 by section 201.061 for registration at the polling place may be 104.19 used for this purpose. 104.20 (b) A voter who votes in a precinct other than the precinct 104.21 in which the voter maintains residence after receiving an 104.22 initial violation notice as provided in this subdivision is 104.23 guilty of a petty misdemeanor.Any subsequent violation104.24 (c) A voter who votes in a precinct other than the precinct 104.25 in which the voter maintains residence after having been found 104.26 to have committed a petty misdemeanor under paragraph (b) is 104.27 guilty of a misdemeanor. 104.28 (d) A voter who votes in a precinct other than the precinct 104.29 in which the voter maintains residence after having been 104.30 convicted of a misdemeanor under paragraph (c), is guilty of a 104.31 gross misdemeanor. 104.32 (e) Reliance by the voter on inaccurate information 104.33 regarding the location of the voter's polling place provided by 104.34 the state, a county, or municipality is an affirmative defense 104.35 to a prosecution under this subdivision. 104.36 Sec. 4. Minnesota Statutes 2000, section 201.022, is 105.1 amended to read: 105.2 201.022 [STATEWIDE REGISTRATION SYSTEM.] 105.3 Subdivision 1. [ESTABLISHMENT.] The secretary of state 105.4 shalldevelop and implementmaintain a statewide voter 105.5 registration system to facilitate voter registration and to 105.6 provide a central database containing voter registration 105.7 information from around the state. The system must be 105.8 accessible to the county auditor of each county in the state. 105.9 Subd. 2. [RULES.] The secretary of state shall make 105.10 permanent rules necessary to administer the system required in 105.11 subdivision 1. The rules must at least: 105.12 (1) provide for voters to submit their registration to any 105.13 county auditor, the secretary of state, or the department of 105.14 public safety; 105.15 (2) provide for the establishment and maintenance of a 105.16 central database for all voter registration information; 105.17 (3) provide procedures for entering data into the statewide 105.18 registration system; 105.19 (4) provide for interaction with the computerized driver's 105.20 license records of the department of public safety; 105.21 (5) allow the offices of all county auditors and the 105.22 secretary of state to add, modify, and delete information from 105.23 the system to provide for accurate and up-to-date records; 105.24 (6) allow the offices of all county auditors and the 105.25 secretary of state's office to have access to the statewide 105.26 registration system for review and search capabilities; 105.27 (7) provide security and protection of all information in 105.28 the statewide registration system and to ensure that 105.29 unauthorized entry is not allowed; 105.30 (8) provide a system for each county to identify the 105.31 precinct to which a voter should be assigned for voting 105.32 purposes; and 105.33 (9)prescribe a procedure for phasing in or converting105.34existing computerized records to the statewide registration105.35system;105.36(10)prescribe a procedure for the return of completed 106.1 voter registration forms from the department of public safety to 106.2 the secretary of state or the county auditor; and. 106.3(11) provide alternate procedures, effective until December106.431, 1990, for updating voter records and producing polling place106.5rosters for counties. The secretary of state shall determine no106.6later than June 1, 1990, whether these alternate procedures will106.7be required.106.8 Sec. 5. Minnesota Statutes 2000, section 201.061, 106.9 subdivision 3, is amended to read: 106.10 Subd. 3. [ELECTION DAY REGISTRATION.] (a) An individual 106.11 who is eligible to vote may register on election day by 106.12 appearing in person at the polling place for the precinct in 106.13 which the individual maintains residence, by completing a 106.14 registration card, making an oath in the form prescribed by the 106.15 secretary of state and providing proof of identification and 106.16 residence. 106.17 (b) An individual may proveresidenceidentity for purposes 106.18 of registering by showing one of the following: 106.19 (1)showinga driver's license or Minnesota identification 106.20 card issued pursuant to section 171.07; 106.21 (2)showing any document approved by the secretary of state106.22as propera United States passport or military identification; 106.23 (3)showing one of the following:106.24(i)a current valid student identification card from a 106.25 post-secondary educational institution in Minnesota, if a list106.26of students from that institution has been prepared under106.27section 135A.17 and certified to the county auditor in the106.28manner provided in rules of the secretary of state;or106.29(ii)(4) a current valid employee photo identification card 106.30 issued by the state or by a political subdivision; 106.31 (5) a current valid photo identification card issued by the 106.32 health department to recipients of medical assistance; or 106.33 (6) an identification card issued by the tribal government 106.34 of a tribe recognized by the Bureau of Indian Affairs, 106.35 Department of the Interior, that contains the name, residence 106.36 address, signature, date of birth, and picture of the individual. 107.1 (c) In addition, an individual may prove residence for 107.2 purposes of registration if the document shown in compliance 107.3 with paragraph (b) does not contain the individual's current 107.4 residence address by providing one of the following: 107.5 (1) an electric, water, natural gas, garbage, sewer, 107.6 telephone, or cable television bill that is due within 30 days 107.7 after election day; 107.8 (2) a Minnesota driver's license, learner's permit, or 107.9 identification card, or a receipt for one of these; 107.10 (3) notice of late voter registration; 107.11 (4) a student list prepared under section 135A.17 and 107.12 certified to the county auditor in the manner provided in rules 107.13 of the secretary of state; 107.14 (5) an identification card issued by the tribal government 107.15 of a tribe recognized by the Bureau of Indian Affairs, 107.16 Department of the Interior, that contains the name, residence 107.17 address, signature, date of birth, and picture of the 107.18 individual; 107.19 (6) a current student fee statement that contains the 107.20 student's valid address in the precinct together with a picture 107.21 identification card; or 107.22(4)(7) having a voter who is registered to vote in the 107.23 precinct sign an oath in the presence of the election judge 107.24 vouching that the voter personally knows that the individual is 107.25 a resident of the precinct. A voter who has been vouched for on 107.26 election day may not sign a proof of residence oath vouching for 107.27 any other individual on that election day. 107.28 (d) A county, school district, or municipalitymaymust 107.29 require that an election judge responsible for election day 107.30 registration initial each completed registration card. 107.31 [EFFECTIVE DATE.] This section is effective April 1, 2002. 107.32 Sec. 6. Minnesota Statutes 2000, section 201.071, 107.33 subdivision 1, is amended to read: 107.34 Subdivision 1. [FORM.] A registration card must be of 107.35 suitable size and weight for mailing and contain spaces for the 107.36 following required information: voter's first name, middle 108.1 name, and last name; voter's previous name, if any; voter's 108.2 current address; voter's previous address, if any; voter's date 108.3 of birth; voter's municipality and county of residence; voter's 108.4 telephone number, if provided by the voter; the final four 108.5 digits of the voter's social security number (or the statement 108.6 "NONE" if the voter has no social security number); date of 108.7 registration; and voter's signature. The card must also contain 108.8 a certification of voter eligibility. 108.9 The form of the voter registration card and the 108.10 certification of voter eligibility must be as provided in the 108.11 rules of the secretary of state. Voter registration forms 108.12 authorized by the National Voter Registration Act may also be 108.13 accepted as valid. 108.14 [EFFECTIVE DATE.] This section is effective April 1, 2002. 108.15 Sec. 7. Minnesota Statutes 2000, section 201.071, 108.16 subdivision 3, is amended to read: 108.17 Subd. 3. [DEFICIENT REGISTRATION.] No registration is 108.18 deficient if it contains the voter's name, address, date of 108.19 birth, the final four digits of the voter's social security 108.20 number (or the statement "NONE" if the voter has no social 108.21 security number), prior registration, if any, and signature. 108.22 The absence of a zip code number does not cause the registration 108.23 to be deficient. The election judges shall request an 108.24 individual to correct a registration card if it is deficient or 108.25 illegible or if the name or number of the voter's school 108.26 district is missing or obviously incorrect. No eligible voter 108.27 may be prevented from voting unless the voter's registration 108.28 card is deficient or the voter is duly and successfully 108.29 challenged in accordance with section 201.195 or 204C.12. 108.30 A registration card accepted prior to August 1, 1983, is 108.31 not deficient for lack of date of birth. The county or 108.32 municipality may attempt to obtain the date of birth for a 108.33 registration card accepted prior to August 1, 1983, by a request 108.34 to the voter at any time except at the polling place. Failure 108.35 by the voter to comply with this request does not make the 108.36 registration deficient. 109.1 A registration card accepted before April 1, 2002, is not 109.2 deficient for lack of the final four digits of the voter's 109.3 social security number. A county or municipality may attempt to 109.4 obtain this information for a registration card accepted before 109.5 April 1, 2002, by a request to the voter at any time except at 109.6 the polling place. Failure by the voter to comply with this 109.7 request does not make the registration deficient. 109.8 [EFFECTIVE DATE.] This section is effective April 1, 2002. 109.9 Sec. 8. Minnesota Statutes 2000, section 201.071, is 109.10 amended by adding a subdivision to read: 109.11 Subd. 9. [EXISTING CARDS.] Existing stocks of registration 109.12 cards printed before April 1, 2002, that do not contain the 109.13 social security information required under this section may 109.14 continue to be used until the stock is exhausted. All 109.15 registration cards printed after March 31, 2002, must conform 109.16 with this section. 109.17 [EFFECTIVE DATE.] This section is effective April 1, 2002. 109.18 Sec. 9. Minnesota Statutes 2000, section 201.071, is 109.19 amended by adding a subdivision to read: 109.20 Subd. 10. [RULES.] The secretary of state shall adopt 109.21 rules to provide for registration cards that conform with this 109.22 section. 109.23 Sec. 10. Minnesota Statutes 2000, section 201.091, 109.24 subdivision 1, is amended to read: 109.25 Subdivision 1. [MASTER LIST.] Each county auditor shall 109.26 prepare and maintain a current list of registered voters in each 109.27 precinct in the county which is known as the master list. The 109.28 master list must be created by entering each completed voter 109.29 registration card received by the county auditor into the 109.30 statewide registration system. It must show the name, residence 109.31 address, and date of birth of each voter registered in the 109.32 precinct. The information contained in the master list may only 109.33 be made available to public officials for purposes related to 109.34 election administration, jury selection, and in response to a 109.35 law enforcement inquiry concerning a violation of or failure to 109.36 comply with any criminal statute or state or local tax statute. 110.1 If a copy of the master list is provided to a public official 110.2 for jury selection or in response to a law enforcement inquiry 110.3 described in this subdivision, the list may not include the 110.4 final four digits of the social security number of any voter. 110.5 Sec. 11. Minnesota Statutes 2000, section 201.091, is 110.6 amended by adding a subdivision to read: 110.7 Subd. 1a. [POLLING PLACE ROSTER.] A polling place roster 110.8 produced from data maintained in the statewide voter 110.9 registration file may not include the final four digits of the 110.10 social security number of any voter. 110.11 Sec. 12. Minnesota Statutes 2000, section 201.091, 110.12 subdivision 4, is amended to read: 110.13 Subd. 4. [PUBLIC INFORMATION LISTS.] (a) The county 110.14 auditor shall make available for inspection a public information 110.15 list which must contain the name, address, year of birth, and 110.16 voting history of each registered voter in the county. The 110.17 telephone number must be included on the list if provided by the 110.18 voter. The public information list may also include information 110.19 on voting districts. The list must not contain the final four 110.20 digits of the social security number of any voter. The county 110.21 auditor may adopt reasonable rules governing access to the list. 110.22 (b) No individual inspecting the public information list 110.23 shall tamper with or alter it in any manner. No individual who 110.24 inspects the public information list or who acquires a list of 110.25 registered voters prepared from the public information list may 110.26 use any information contained in the list for purposes unrelated 110.27 to elections, political activities, or law enforcement. The 110.28 secretary of state may provide copies of the public information 110.29 lists and other information from the statewide registration 110.30 system for uses related to elections, political activities, or 110.31 in response to a law enforcement inquiry from a public official 110.32 concerning a failure to comply with any criminal statute or any 110.33 state or local tax statute. 110.34 (c) Before inspecting the public information list or 110.35 obtaining a list of voters or other information from the list, 110.36 the individual shall provide identification to the public 111.1 official having custody of the public information list and shall 111.2 state in writing that any information obtained from the list 111.3 will not be used for purposes unrelated to elections, political 111.4 activities, or law enforcement. Requests to examine or obtain 111.5 information from the public information lists or the statewide 111.6 registration system must be made and processed in the manner 111.7 provided in the rules of the secretary of state. 111.8 (d) Upon receipt of a written request and a copy of the 111.9 court order, the secretary of state may withhold from the public 111.10 information list the name of any registered voter placed under 111.11 court-ordered protection. 111.12 (e) The inspection and copying of a roster signed by voters 111.13 at a precinct on election day must be conducted in the same 111.14 manner as the inspection and copying of a public information 111.15 list under this section. 111.16 [EFFECTIVE DATE.] This section is effective April 1, 2002. 111.17 Sec. 13. Minnesota Statutes 2000, section 201.155, is 111.18 amended to read: 111.19 201.155 [REPORT ON FELONY CONVICTIONS.] 111.20 The state court administrator shall report at least monthly 111.21 to the secretary of state the name, address, final four digits 111.22 of the voter's social security number (or the statement "NONE" 111.23 if the voter has no social security number), date of birth, date 111.24 of sentence, effective date of the sentence, and county in which 111.25 the conviction occurred of each person who has been convicted of 111.26 a felony. The state court administrator shall also report the 111.27 name, address, final four digits of the voter's social security 111.28 number (or the statement "NONE" if the voter has no social 111.29 security number), and date of birth of each person previously 111.30 convicted of a felony whose civil rights have been restored. 111.31 The secretary of stateshall determine if any of the persons in111.32the report is registered to vote andshallprepareforward a 111.33 list of thoseregistrants forindividuals to each county 111.34 auditor. The county auditor shall determine if any person 111.35 identified in the report as a resident of the county is 111.36 registered to vote in the county and change the status ofthose112.1registrantseach such registrant in the appropriate manner in 112.2 the statewide registration system. 112.3 Sec. 14. [201.163] [DUTIES OF LOCAL JURISDICTIONS.] 112.4 (a) If a political subdivision conducts an election at 112.5 which a vacant office is to be filled or a ballot question is to 112.6 be voted upon by the voters of the political subdivision, the 112.7 political subdivision shall file a written notice of the 112.8 election with the county auditor of each county in which the 112.9 election is to be conducted. The notice must be filed at least 112.10 49 days before the date of the election. 112.11 (b) The county auditor must file a notice with the 112.12 secretary of state immediately after the notice of the election 112.13 is filed with the auditor under section 205.16, subdivision 4, 112.14 or 205A.07, subdivision 3, or notice of the election is filed 112.15 with the county auditor by any political subdivision other than 112.16 a municipality or school district. The notice must set forth 112.17 the name of the political subdivision, the date of the election, 112.18 the vacant offices to be filled, or the text of the ballot 112.19 question as the question will appear on the ballot. 112.20 [EFFECTIVE DATE.] This section is effective July 1, 2001. 112.21 Sec. 15. Minnesota Statutes 2000, section 202A.19, 112.22 subdivision 1, is amended to read: 112.23 Subdivision 1. [LIMITS ON LOCAL GOVERNMENT MEETINGS.] 112.24 No special taxing district governing body, school board, county 112.25 board of commissioners, township board, or city council may 112.26 conduct a meeting after 6:00 p.m. on the day of a major 112.27 political party precinct caucus. As used in this subdivision, 112.28 "special taxing district" has the meaning given in section 112.29 275.066. 112.30 Sec. 16. Minnesota Statutes 2000, section 203B.04, 112.31 subdivision 1, is amended to read: 112.32 Subdivision 1. [APPLICATION PROCEDURES.] Except as 112.33 otherwise allowed by subdivision 2, an application for absentee 112.34 ballots for any election may be submitted at any time not less 112.35 than one day before the day of that election. The county 112.36 auditor shall prepare absentee ballot application forms in the 113.1 format provided in the rules of the secretary of state and shall 113.2 furnish them to any person on request. An application submitted 113.3 pursuant to this subdivision shall be in writing and shall be 113.4 submitted to: 113.5 (a) the county auditor of the county where the applicant 113.6 maintains residence; or 113.7 (b) the municipal clerk of the municipality, or school 113.8 district if applicable, where the applicant maintains residence. 113.9 An application shall be approved if it is timely received, 113.10 signed and dated by the applicant, contains the applicant's name 113.11 and residence and mailing addresses, and states that the 113.12 applicant is eligible to vote by absentee ballot for one of the 113.13 reasons specified in section 203B.02. The application may 113.14 contain a request for the voter's date of birth, which must not 113.15 be made available for public inspection. An application may be 113.16 submitted to the county auditor or municipal clerk by an 113.17 electronic facsimile device, at the discretion of the auditor or113.18clerk. An application mailed or returned in person to the 113.19 county auditor or municipal clerk on behalf of a voter by a 113.20 person other than the voter must be deposited in the mail or 113.21 returned in person to the county auditor or municipal clerk 113.22 within ten days after it has been dated by the voter and no 113.23 later than six days before the election. The absentee ballot 113.24 applications or a list of persons applying for an absentee 113.25 ballot may not be made available for public inspection until the 113.26 close of voting on election day. 113.27 An application under this subdivision may contain an 113.28 application under subdivision 5 to automatically receive an 113.29 absentee ballot application. 113.30 Sec. 17. Minnesota Statutes 2000, section 203B.04, 113.31 subdivision 5, is amended to read: 113.32 Subd. 5. [PERMANENT ILLNESS OR DISABILITY.] (a) An 113.33 eligible voter who reasonably expects to be permanently unable 113.34 to go to the polling place on election day because of illness or 113.35 disability may apply to a county auditor or municipal clerk 113.36 under this section to automatically receive an absentee ballot 114.1 application before each election, other than an election by mail 114.2 conducted under section 204B.45, and to have the status as a 114.3 permanent absentee voter indicated on the voter's registration 114.4 record. 114.5 (b) The secretary of state shall adopt rules governing 114.6 procedures under this subdivision. 114.7 Sec. 18. Minnesota Statutes 2000, section 203B.06, is 114.8 amended by adding a subdivision to read: 114.9 Subd. 3a. [UNOFFICIAL BALLOTS.] If no official ballots are 114.10 ready at the time absentee balloting is scheduled to begin or 114.11 the supply is exhausted before absentee balloting ends, the 114.12 county auditor or municipal clerk shall prepare unofficial 114.13 ballots, printed or written as nearly as practicable in the form 114.14 of the official ballots. These ballots may be used until the 114.15 official ballots are available. 114.16 Sec. 19. Minnesota Statutes 2000, section 203B.07, 114.17 subdivision 1, is amended to read: 114.18 Subdivision 1. [DELIVERY OF ENVELOPES, DIRECTIONS.] The 114.19 county auditor or the municipal clerk shall prepare, print, and 114.20 transmit a return envelope, a ballot envelope, and a copy of the 114.21 directions for casting an absentee ballot to each applicant 114.22 whose application for absentee ballots is accepted pursuant to 114.23 section 203B.04. The directions for casting an absentee ballot 114.24 shall be printed in at least 14-point bold type with heavy 114.25 leading and may be printed on the ballot envelope. When a 114.26 person requests the directions in Braille or on cassette tape, 114.27 the county auditor or municipal clerk shall provide them in the 114.28 form requested. The secretary of state shall prepare Braille 114.29 and cassette copies and make them available. 114.30 When a voter registration card is sent to the applicant as 114.31 provided in section 203B.06, subdivision 4, the directions or 114.32 registration card shall include instructions for registering to 114.33 vote. 114.34 Sec. 20. Minnesota Statutes 2000, section 203B.11, is 114.35 amended by adding a subdivision to read: 114.36 Subd. 5. [STUDY REGARDING VOTER PRIVACY.] The secretary of 115.1 state shall conduct a study regarding procedures to ensure the 115.2 privacy of voters in health care facilities while voting. No 115.3 later than December 31, 2002, the secretary of state shall file 115.4 a report with the legislature setting forth the findings and 115.5 recommendations of the secretary. 115.6 Sec. 21. Minnesota Statutes 2000, section 203B.16, 115.7 subdivision 1, is amended to read: 115.8 Subdivision 1. [MILITARY SERVICE; TEMPORARY RESIDENCE 115.9 OUTSIDE UNITED STATES.] Sections 203B.16 to 203B.27 provide 115.10 alternative voting procedures for eligible voters who are absent 115.11 from the precinct where they maintain residence because they are: 115.12(a)(1) either in the military or the spouses or dependents 115.13 of individuals serving in the military; or 115.14(b)(2) temporarily outside the territorial limits of the 115.15 United States. 115.16 Sections 203B.16 to 203B.27 are intended to implement the 115.17 federal Uniformed and Overseas Citizens Absentee Voting Act, 115.18 United States Code, title 42, section 1973ff. 115.19 Sec. 22. Minnesota Statutes 2000, section 203B.17, 115.20 subdivision 1, is amended to read: 115.21 Subdivision 1. [SUBMISSION OF APPLICATION.] (a) An 115.22 application for absentee ballots for a voter described in 115.23 section 203B.16 may be submitted in writing or by electronic 115.24 facsimile device, or by electronic mail upon determination by 115.25 the secretary of state that security concerns have been 115.26 adequately addressed. An application for absentee ballots for a 115.27 voter described in section 203B.16 may be submitted by that 115.28 voter or by that voter's parent, spouse, sister, brother, or 115.29 child over the age of 18 years. For purposes of an application 115.30 under this subdivision, a person's social security number, no 115.31 matter how it is designated, qualifies as the person's military 115.32 identification number if the person is in the military. 115.33 (b) An application for a voter described in section 115.34 203B.16, subdivision 1, shall be submitted to the county auditor 115.35 of the county where the voter maintains residence. 115.36 (c) An application for a voter described in section 116.1 203B.16, subdivision 2, shall be submitted to the county auditor 116.2 of the county where the voter last maintained residence in 116.3 Minnesota. 116.4 (d) An application for absentee ballots for a primary shall 116.5 also constitute an application for absentee ballots fortheany 116.6 ensuing general or special election conducted during the same 116.7 calendar year in which the application is received. 116.8 (e) There shall be no limitation of time for filing and 116.9 receiving applications for ballots under sections 203B.16 to 116.10 203B.27. 116.11 Sec. 23. Minnesota Statutes 2000, section 204B.06, 116.12 subdivision 1, is amended to read: 116.13 Subdivision 1. [FORM OF AFFIDAVIT.] (a) An affidavit of 116.14 candidacy shall state the name of the office sought and shall 116.15 state that the candidate: 116.16(a)(1) is an eligible voter; 116.17(b)(2) has no other affidavit on file as a candidate for 116.18 any office at the same primary or next ensuing general election, 116.19 except that a candidate for soil and water conservation district 116.20 supervisor in a district not located in whole or in part in 116.21 Anoka, Hennepin, Ramsey, or Washington county, may also have on 116.22 file an affidavit of candidacy for mayor or council member of a 116.23 statutory or home rule charter city of not more than 2,500 116.24 population contained in whole or in part in the soil and water 116.25 conservation district or for town supervisor in a town of not 116.26 more than 2,500 population contained in whole or in part in the 116.27 soil and water conservation district; and 116.28(c)(3) is, or will be on assuming the office, 21 years of 116.29 age or more, and will have maintained residence in the district 116.30 from which the candidate seeks election for 30 days before the 116.31 general election. 116.32 An affidavit of candidacy must include a statement that the 116.33 candidate's name as written on the affidavit for ballot 116.34 designation is the candidate's true name or the name by which 116.35 the candidate is commonly and generally known in the community. 116.36 An affidavit of candidacy for partisan office shall also 117.1 state the name of the candidate's political party or political 117.2 principle, stated in three words or less. 117.3 (b) This subdivision does not apply to a candidate for 117.4 president or vice-president of the United States. 117.5 Sec. 24. Minnesota Statutes 2000, section 204B.07, 117.6 subdivision 2, is amended to read: 117.7 Subd. 2. [PETITIONS FOR PRESIDENTIAL ELECTORS.] On 117.8 petitions nominating presidential electors, the names of the 117.9 candidates for president and vice-president shall be added to 117.10 the political party or political principle stated on the 117.11 petition. One petition may be filed to nominate a slate of 117.12 presidential electors equal in number to the number of electors 117.13 to which the state is entitled. This subdivision does not apply 117.14 to candidates for presidential elector nominated by major 117.15 political parties. Major party candidates for presidential 117.16 elector are certified under section 208.03. 117.17 Sec. 25. Minnesota Statutes 2000, section 204B.09, 117.18 subdivision 1, is amended to read: 117.19 Subdivision 1. [CANDIDATES IN STATE AND COUNTY GENERAL 117.20 ELECTIONS.] (a) Except as otherwise provided by this 117.21 subdivision, affidavits of candidacy and nominating petitions 117.22 for county, state, and federal offices filled at the state 117.23 general election shall be filed not more than 70 days nor less 117.24 than 56 days before the state primary. The affidavit may be 117.25 prepared and signed at any time between 60 days before the 117.26 filing period opens and the last day of the filing period. 117.27 (b) Notwithstanding other law to the contrary, the 117.28 affidavit of candidacy must be signed in the presence of a 117.29 notarial officer or an individual authorized to administer oaths 117.30 under section 358.10. 117.31 (c) This provision does not apply to candidates for 117.32 presidential elector nominated by major political parties. 117.33 Major party candidates for presidential elector are certified 117.34 under section 208.03. Other candidates for presidential 117.35 electors may file petitions on or before the state primary day. 117.36 Nominating petitions to fill vacancies in nominations shall be 118.1 filed as provided in section 204B.13. No affidavit or petition 118.2 shall be accepted later than 5:00 p.m. on the last day for 118.3 filing. 118.4 (d) Affidavits and petitions for offices to be voted on in 118.5 only one county shall be filed with the county auditor of that 118.6 county. Affidavits and petitions for offices to be voted on in 118.7 more than one county shall be filed with the secretary of state. 118.8 Sec. 26. Minnesota Statutes 2000, section 204B.09, 118.9 subdivision 3, is amended to read: 118.10 Subd. 3. [WRITE-IN CANDIDATES.] (a) A candidate for state 118.11 or federal office who wants write-in votes for the candidate to 118.12 be counted must file a written request with the filing office 118.13 for the office sought no later than the day before the general 118.14 election. The filing officer shall provide copies of the form 118.15 to make the request. 118.16 (b) A candidate for president of the United States who 118.17 files a request under this subdivision must include the name of 118.18 a candidate for vice-president of the United States. The 118.19 request must also include the name of at least one candidate for 118.20 presidential elector. The total number of names of candidates 118.21 for presidential elector on the request may not exceed the total 118.22 number of electoral votes to be cast by Minnesota in the 118.23 presidential election. 118.24 (c) A candidate for governor who files a request under this 118.25 subdivision must include the name of a candidate for lieutenant 118.26 governor. 118.27 Sec. 27. Minnesota Statutes 2000, section 204B.20, is 118.28 amended to read: 118.29 204B.20 [ELECTION BOARD;CHAIRHEAD ELECTION JUDGE; 118.30 DUTIES.] 118.31 The election judges appointed to serve in an election 118.32 precinct shall constitute the election board for that precinct. 118.33 The appointing authority shall designate one of the election 118.34 judges in each precinct to serve as thechair of the election118.35boardhead election judge. Thechairhead election judge shall 118.36 assign specific duties to the election judges of that precinct 119.1 as necessary or convenient to complete forms, obtain signatures, 119.2 and perform all the other duties required of election judges. 119.3 Sec. 28. Minnesota Statutes 2000, section 204B.22, 119.4 subdivision 1, is amended to read: 119.5 Subdivision 1. [MINIMUM NUMBER REQUIRED.] (a) A minimum of 119.6 three election judges shall be appointed for each precinct. In 119.7 a combined polling place under section 204B.14, subdivision 2, 119.8 at least one judge must be appointed from each municipality in 119.9 the combined polling place, provided that not less than three 119.10 judges shall be appointed for each combined polling place. The 119.11 appointing authorities may appoint election judges for any 119.12 precinct in addition to the number required by this subdivision 119.13 including additional election judges to count ballots after 119.14 voting has ended. 119.15 (b) An election judge may serve for all or part of election 119.16 day, at the discretion of the appointing authority, as long as 119.17 the minimum number of judges required is always present. The 119.18 head election judge designated under section 204B.20 must serve 119.19 for all of election day and be present in the polling place 119.20 unless another election judge has been designated by the head 119.21 election judge to perform the functions of the head election 119.22 judge during any absence. 119.23 Sec. 29. Minnesota Statutes 2000, section 204B.22, 119.24 subdivision 3, is amended to read: 119.25 Subd. 3. [MINIMUM NUMBER REQUIRED IN CERTAIN PRECINCTS.] 119.26 At each state primary or state general election in precincts 119.27 usinglever voting machines oran electronic voting system with 119.28 marking devices and in which more than 400 votes were cast at 119.29 the last similar election, the minimum number of election judges 119.30 is three plus one judge to demonstrate the use of the voting 119.31 machine or device. 119.32 Sec. 30. Minnesota Statutes 2000, section 204B.23, is 119.33 amended to read: 119.34 204B.23 [VACANCIES AMONG ELECTION JUDGES.] 119.35 A vacancy on an election board occurs when any election 119.36 judge who is a member of that board: 120.1 (a) Fails to arrive at the polling place within 30 minutes 120.2 after the time when the polling place is scheduled to open; 120.3 (b) Becomes unable to perform the duties of the office 120.4 after assuming those duties; or 120.5 (c) For any reason fails or refuses to perform the duties 120.6 of the office as assigned by thechair of the election board120.7 head election judge. 120.8 When a vacancy occurs, the remaining election judges of the 120.9 precinct shall elect an individual to fill the vacancy subject 120.10 to the provisions of section 204B.19. When possible the 120.11 election judges shall elect individuals who have been trained as 120.12 election judges pursuant to section 204B.25. The oath signed by 120.13 the new election judge shall indicate that the new election 120.14 judge was elected to fill a vacancy. The municipal clerk may 120.15 assign election judges to fill vacancies as they occur. 120.16 Sec. 31. Minnesota Statutes 2000, section 204B.27, is 120.17 amended by adding a subdivision to read: 120.18 Subd. 11. [TRANSLATION OF VOTING INSTRUCTIONS.] The 120.19 secretary of state may develop voting instructions in languages 120.20 other than English, to be posted and made available in polling 120.21 places during elections. The secretary of state shall determine 120.22 which languages are so common in Minnesota that there is a need 120.23 for translated voting instructions. 120.24 Sec. 32. Minnesota Statutes 2000, section 204B.28, 120.25 subdivision 1, is amended to read: 120.26 Subdivision 1. [MEETING WITH ELECTION OFFICIALS.] At least 120.27 12 weeks before each regularly scheduled general election, each 120.28 county auditor shall conduct a meeting with local election 120.29 officials to review the procedures for the election. The county 120.30 auditor may require thechairs of the election boardshead 120.31 election judges in the county to attend this meeting. 120.32 Sec. 33. Minnesota Statutes 2000, section 204B.45, 120.33 subdivision 2, is amended to read: 120.34 Subd. 2. [PROCEDURE.] (a) The deadline established under 120.35 section 204B.16, subdivision 3, for designating a new or 120.36 different polling place applies to an election described by this 121.1 subdivision. 121.2 (b) Notice of the election and the special mail procedure 121.3 must be given at least six weeks prior to the election. No 121.4 earlier than 20 days or later than 14 days prior to the 121.5 election, the auditor shall mail ballots by nonforwardable mail 121.6 to all voters registered in the town or unorganized territory. 121.7 (c) Eligible voters not registered at the time the ballots 121.8 are mailed may apply for ballots as provided in chapter 203B. 121.9 (d) Ballot return envelopes, with return postage provided, 121.10 must be preaddressed to the auditor or clerk and the voter may 121.11 return the ballot by mail or in person to the office of the 121.12 auditor or clerk. The costs of the mailing shall be paid by the 121.13 election jurisdiction in which the voter resides. 121.14 (e) Any ballot received by 8:00 p.m. on the day of the 121.15 election must be counted. 121.16 Sec. 34. Minnesota Statutes 2000, section 204B.46, is 121.17 amended to read: 121.18 204B.46 [MAIL ELECTIONS; QUESTIONS.] 121.19 A county, municipality, or school district submitting 121.20 questions to the voters at a special election may apply to the 121.21 county auditor for approval of an election by mail with no 121.22 polling place other than the office of the auditor or clerk. No 121.23 more than two questions may be submitted at a mail election and 121.24 no offices may be voted on. The deadline established under 121.25 section 204B.16, subdivision 3, for designating a new or 121.26 different polling place applies to an election described by this 121.27 section. Notice of the election and the special mail procedure 121.28 must be given at least six weeks prior to the election. No 121.29 earlier than 20 or later than 14 days prior to the election, the 121.30 auditor or clerk shall mail ballots by nonforwardable mail to 121.31 all voters registered in the county, municipality, or school 121.32 district. Eligible voters not registered at the time the 121.33 ballots are mailed may apply for ballots pursuant to chapter 121.34 203B. 121.35 Sec. 35. [204B.48] [VOTING EQUIPMENT GRANT ACCOUNT.] 121.36 A voting equipment grant fund is created to provide grants 122.1 to political subdivisions for the purchase of ballot tabulation 122.2 equipment. Any funds disbursed by the federal government to the 122.3 state for the improvement of election administration or 122.4 equipment must be deposited in this account. The secretary of 122.5 state may make a grant from the fund to a political subdivision, 122.6 after certifying to the commissioner of finance that: 122.7 (1) the grant will be used only for purchase of ballot 122.8 tabulation equipment, which may include equipment that makes it 122.9 possible for individuals with disabilities to cast a secret 122.10 ballot; 122.11 (2) the political subdivision to receive the grant has 122.12 insufficient resources available to purchase the equipment; and 122.13 (3) the recipient of the grant will provide a 122.14 dollar-for-dollar match, which may not come from state or 122.15 federal funds. 122.16 Sec. 36. Minnesota Statutes 2000, section 204C.03, 122.17 subdivision 1, is amended to read: 122.18 Subdivision 1. [SCHOOL DISTRICTS; COUNTIES; 122.19 MUNICIPALITIES; SPECIAL TAXING DISTRICTS.] No special taxing 122.20 district governing body, school board, county board of 122.21 commissioners, city council, or town board of supervisors shall 122.22 conduct a meeting between 6:00 p.m. and 8:00 p.m. on the day 122.23 that an election is held within the boundaries of the special 122.24 taxing district, school district, county, city, or town. As 122.25 used in this subdivision, "special taxing district" has the 122.26 meaning given in section 275.066. 122.27 Sec. 37. Minnesota Statutes 2000, section 204C.10, is 122.28 amended to read: 122.29 204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 122.30 REGISTRATION.] 122.31 (a) An individual seeking to vote shall sign a polling 122.32 place roster which states that the individual is at least 18 122.33 years of age, a citizen of the United States, has resided in 122.34 Minnesota for 20 days immediately preceding the election, 122.35 certifies residence at the address shown, is not under 122.36 guardianship of the person, has not been found by a court of law 123.1 to be legally incompetent to vote or convicted of a felony 123.2 without having civil rights restored, is registered and has not 123.3 already voted in the election. 123.4 (b) A judgemayshall, before the applicant signs the 123.5 roster, confirm the applicant's identity by requiring a picture 123.6 identification card or document issued by the United States or 123.7 Minnesota or an identification card issued by the tribal 123.8 government of a tribe recognized by the Bureau of Indian 123.9 Affairs, Department of the Interior, and may confirm the 123.10 applicant's name, address, and date of birth. If an applicant 123.11 does not have a card or document described by this section, the 123.12 applicant may sign the roster after executing an affidavit 123.13 before the judge. The affidavit must state: 123.14 (1) the name of the applicant; 123.15 (2) that the applicant does not have a picture 123.16 identification card or document issued by the United States or 123.17 Minnesota or an identification card issued by the tribal 123.18 government of a tribe recognized by the Bureau of Indian 123.19 Affairs, Department of the Interior, that contains the name, 123.20 residence address, signature, date of birth, and picture of the 123.21 applicant; and 123.22 (3) that the applicant swears or affirms that the applicant 123.23 is the same individual whose name is listed on the roster for 123.24 this precinct. 123.25 (c) After the applicant signs the roster, the judge shall 123.26 give the applicant a voter's receipt. The voter shall deliver 123.27 the voter's receipt to the judge in charge of ballots as proof 123.28 of the voter's right to vote, and thereupon the judge shall hand 123.29 to the voter the ballot. The voters' receipts must be 123.30 maintained during the time for notice of filing an election 123.31 contest. 123.32 [EFFECTIVE DATE.] This section is effective April 1, 2002. 123.33 Sec. 38. Minnesota Statutes 2000, section 204C.35, is 123.34 amended to read: 123.35 204C.35 [LEGISLATIVE ANDFEDERAL, STATE, AND JUDICIAL 123.36 RACES.] 124.1 Subdivision 1. [AUTOMATIC RECOUNTS.] (a) In a state 124.2 primary when the difference between the votes cast for the 124.3 candidates for nomination to a statewide federal office, state 124.4 constitutional office, statewide judicial office, congressional 124.5 office, state legislative office, orto adistrict judicial 124.6 officeis 100 or less, the difference: 124.7 (1) is less thantenone-half of one percent of the total 124.8 number of votes counted for that nomination; or 124.9 (2) is ten votes or less and the total number of votes cast 124.10 for the nomination is 400 votes or less; 124.11 and the difference determines the nomination, the canvassing 124.12 board with responsibility for declaring the results for that 124.13 office shall recount the vote. 124.14 (b) In a state general election when the difference between 124.15 the votes of a candidate who would otherwise be declared elected 124.16 to a statewide federal office, state constitutional office, 124.17 statewide judicial office, congressional office, state 124.18 legislative office, orto adistrict judicial office and the 124.19 votes of any other candidate for that office: 124.20 (1) is100 orless than one-half of one percent of the 124.21 total number of votes counted for that office; or 124.22 (2) is ten votes or less if the total number of votes cast 124.23 for the office is 400 votes or less, 124.24 the canvassing board shall recount the votes. 124.25 (c) A recountshallmust not delay any other part of the 124.26 canvass. The results of the recountshallmust be certified by 124.27 the canvassing board as soon as possible. 124.28 (d) Time for notice of a contest for an office which is 124.29 recounted pursuant to this section shall begin to run upon 124.30 certification of the results of the recount by the canvassing 124.31 board. 124.32 (e) A losing candidate may waive a recount required 124.33 pursuant to this section by filing a written notice of waiver 124.34 with the canvassing board. 124.35 Subd. 2. [OPTIONAL RECOUNT.] (a) A losing candidate for 124.36 nomination or election to a statewide federal office, state 125.1 constitutional office, statewide judicial office, congressional 125.2 office, state legislative office, orto adistrictcourt125.3 judicial office may request a recount in a manner provided in 125.4 this section at the candidate's own expense when the vote 125.5 difference is greater than the difference required by this 125.6 section. The votes shall be recounted as provided in this 125.7 section if the candidate files a request during the time for 125.8 filing notice of contest of the primary or election for which a 125.9 recount is sought. 125.10 (b) The requesting candidate shall file with the filing 125.11 officer a bond, cash, or surety in an amount set by the filing 125.12 officer for the payment of the recount expenses. The requesting 125.13 candidate is responsible for the following expenses: the 125.14 compensation of the secretary of state, or designees, and any 125.15 election judge, municipal clerk, county auditor, administrator, 125.16 or other personnel who participate in the recount; the costs of 125.17 computer operation, preparation of ballot counting equipment, 125.18 necessary supplies and travel related to the recount; the 125.19 compensation of the appropriate canvassing board and costs of 125.20 preparing for the canvass of recount results; and any attorney 125.21 fees incurred in connection with the recount by the governing 125.22 body responsible for the recount. 125.23 Sec. 39. Minnesota Statutes 2000, section 204C.36, 125.24 subdivision 1, is amended to read: 125.25 Subdivision 1. [REQUIRED RECOUNTS.] (a) Except as provided 125.26 in paragraph (b), a losing candidate for nomination or election 125.27 to a county, municipal, or school district office may request a 125.28 recount of the votes cast for the nomination or election to that 125.29 office if the difference between the vote cast for that 125.30 candidate and for a winning candidate for nomination or election 125.31 is:125.32(a) Five votes or less when the total vote cast for125.33nomination or election to that office is 100 votes or less;125.34(b) Ten votes or less when the total vote cast for125.35nomination or election to that office is more than 100 but not125.36more than 500 votes;126.1(c) Twenty votes or less when the total vote cast for126.2nomination or election to that office is more than 500 but not126.3more than 2,000 votes;126.4(d) One percent of the votes or less when the total vote126.5cast for nomination or election to that office is more than126.62,000 but less than 10,000 votes; or126.7(e) One hundred votes or less when the total vote cast for126.8nomination or election to that office is 10,000 votes or126.9more.less than one-half of one percent of the total votes 126.10 counted for that office. In case of offices where two or more 126.11 seats are being filled from among all the candidates for the 126.12 office, the one-half of one percent difference is between the 126.13 elected candidate with the fewest votes and the candidate with 126.14 the most votes from among the candidates who were not elected. 126.15 (b) A losing candidate for nomination or election to a 126.16 county, municipal, or school district office may request a 126.17 recount of the votes cast for nomination or election to that 126.18 office if the difference between the vote cast for that 126.19 candidate and for a winning candidate for nomination or election 126.20 is ten votes or less, and the total number of votes cast for the 126.21 nomination or election of all candidates is no more than 400. 126.22 In cases of offices where two or more seats are being filled 126.23 from among all the candidates for the office, the ten vote 126.24 difference is between the elected candidate with the fewest 126.25 votes and the candidate with the most votes from among the 126.26 candidates who were not elected. 126.27 (c) Candidates for county offices shall file a written 126.28 request for the recount with the county auditor. Candidates for 126.29 municipal or school district offices shall file a written 126.30 request with the municipal or school district clerk as 126.31 appropriate. All requests shall be filed during the time for 126.32 notice of contest of the primary or election for which a recount 126.33 is sought. 126.34 (d) Upon receipt of a request made pursuant to this 126.35 section, the county auditor shall recount the votes for a county 126.36 office at the expense of the county, the governing body of the 127.1 municipality shall recount the votes for a municipal office at 127.2 the expense of the municipality, and the school board of the 127.3 school district shall recount the votes for a school district 127.4 office at the expense of the school district. 127.5 Sec. 40. Minnesota Statutes 2000, section 204C.36, 127.6 subdivision 3, is amended to read: 127.7 Subd. 3. [DISCRETIONARY BALLOT QUESTION RECOUNTS.] A 127.8 recount may be conducted for a ballot question when the 127.9 difference between the votes for and the votes against the 127.10 question is less than or equal to the difference provided in 127.11 subdivision 1, clauses (a) to (e). A recount may be requested 127.12 by any person eligible to vote on the ballot question. A 127.13 written request for a recount must be filed with the filing 127.14 officer of the county, municipality, or school district placing 127.15 the question on the ballot and must be accompanied by a petition 127.16 containing the signatures of 25 voters eligible to vote on the 127.17 question. If the difference between the votes for and the votes 127.18 against the question is greater than the difference provided in 127.19 subdivision 1,clauses (a) to (e),the person requesting the 127.20 recount shall also file with the filing officer of the county, 127.21 municipality, or school district a bond, cash, or surety in an 127.22 amount set by the appropriate governing body for the payment of 127.23 recount expenses. The written request, petition, and any bond, 127.24 cash, or surety required must be filed during the time for 127.25 notice of contest for the election for which the recount is 127.26 requested. 127.27 Sec. 41. Minnesota Statutes 2000, section 204D.04, 127.28 subdivision 2, is amended to read: 127.29 Subd. 2. [INSTRUCTIONS TO PRINTER; PRINTER'S BOND.] (a) 127.30 The official charged with the preparation and distribution of 127.31 the ballots shall prepare instructions to the printer for 127.32 rotation of the names of candidates and for layout of the ballot. 127.33 (b) Except as provided in paragraph (c), the instructions 127.34 shall be approved by the legal advisor of the official before 127.35 delivery to the printer. 127.36 (c) The legal advisor of a town official is only required 128.1 to approve instructions regarding the rotation of the names of 128.2 candidates on the ballot. 128.3 (d) Before a contract exceeding $1,000 is awarded for 128.4 printing ballots, the printer shall furnish a sufficient bond, 128.5 letter of credit, or certified check, acceptable to the official 128.6 responsible for printing the ballots, conditioned on printing 128.7 the ballots in conformity with the Minnesota Election Law and 128.8 the instructions delivered. The official responsible for 128.9 printing the ballots shall set the amount of the bond, letter of 128.10 credit, or certified check in an amount equal to the value of 128.11 the purchase. 128.12 Sec. 42. Minnesota Statutes 2000, section 204D.09, is 128.13 amended to read: 128.14 204D.09 [EXAMPLE BALLOTS; SAMPLE PRIMARY BALLOTS.] 128.15 Subdivision 1. (a) No later than June 1 of each year, the 128.16 secretary of state shall supply each auditor with a copy of an 128.17 example ballot. The example ballot must illustrate the format 128.18 required for the ballots used in the primary and general 128.19 elections that year. 128.20 (b) The county auditor shall distribute copies of the 128.21 example ballot to municipal and school district clerks in 128.22 municipalities and school districts holding elections that 128.23 year. The official ballot must conform in all respects to the 128.24 example ballot. 128.25 Subd. 2. At least two weeks before the state primary the 128.26 county auditor shall prepare a sample state partisan primary 128.27 ballot and a sample state and county nonpartisan primary ballot 128.28 for public inspection. The names of all of the candidates to be 128.29 voted for in the county shall be placed on the sample ballots, 128.30 with the names of the candidates for each office arranged 128.31 alphabetically according to the surname. Only one sample state 128.32 partisan primary ballot and one sample state and county 128.33 nonpartisan ballot shall be prepared for any county. The county 128.34 auditor shall post the sample ballots in a conspicuous place in 128.35 the auditor's office and shall cause them to be published at 128.36 least one week before the state primary in at least one 129.1 newspaper of general circulation in the county. 129.2 Sec. 43. Minnesota Statutes 2000, section 204D.11, 129.3 subdivision 4, is amended to read: 129.4 Subd. 4. [SPECIAL FEDERAL WHITE BALLOT.] (a) The names of 129.5 all candidates for the offices of president and vice-president 129.6 of the United States and senator and representative in Congress 129.7 shall be placed on a ballot printed on white paper which shall 129.8 be known as the "special federal white ballot." 129.9 (b) This ballot shall be prepared by the county auditor in 129.10 the same manner as the white ballot and shall be subject to the 129.11 rules adopted by the secretary of state pursuant to subdivision 129.12 1. This ballot must be prepared and furnished in accordance 129.13 with the federal Uniformed and Overseas Citizens Absentee Voting 129.14 Act, United States Code, title 42, section 1973ff. 129.15 (c) The special federal white ballot shall be the only 129.16 ballot sent to citizens of the United States who are eligible to 129.17 vote by absentee ballot for federal candidates in Minnesota. 129.18 Sec. 44. Minnesota Statutes 2000, section 204D.24, 129.19 subdivision 2, is amended to read: 129.20 Subd. 2. [VOTER REGISTRATION.] An individual may register 129.21 to vote at a special primary or special election at any time 129.22 before the day that the polling place rosters for the special 129.23 primary or special election are prepared by the secretary of 129.24 state. The secretary of state shall provide the county auditors 129.25 with notice of this date at least seven days before the printing 129.26 of the rosters. This subdivision does not apply to a special 129.27 election held on the same day as thepresidential primary,state 129.28 primary, state general election, or the regularly scheduled 129.29 primary or general election of a municipality, school district, 129.30 or special district. 129.31 Sec. 45. Minnesota Statutes 2000, section 205.02, 129.32 subdivision 1, is amended to read: 129.33 Subdivision 1. [MINNESOTA ELECTION LAW.] Except as 129.34 provided in this chapter or otherwise expressly provided by law, 129.35 the provisions of the Minnesota Election Law apply to municipal 129.36 elections, so far as practicable. 130.1 Sec. 46. Minnesota Statutes 2000, section 205.13, 130.2 subdivision 1a, is amended to read: 130.3 Subd. 1a. [FILING PERIOD.]An affidavit of candidacy for a130.4town office to be elected in March must be filed not more than130.5eight weeks nor less than six weeks before the town election.130.6 In municipalities nominating candidates at a municipal primary, 130.7 an affidavit of candidacy for a city office or town office voted 130.8 on in November must be filed not more than 70 days nor less than 130.9 56 days before the first Tuesday after the second Monday in 130.10 September preceding the municipal general election. In all 130.11 other municipalities, an affidavit of candidacy must be filed 130.12 not more than 70 days and not less than 56 days before the 130.13 municipal general election. 130.14 Sec. 47. Minnesota Statutes 2000, section 205.17, is 130.15 amended by adding a subdivision to read: 130.16 Subd. 7. [EXAMPLE BALLOT.] No later than 30 days before 130.17 absentee ballots must be prepared and delivered under section 130.18 204B.35 for use in a town general election conducted in March, 130.19 the secretary of state shall supply each town clerk in a town 130.20 conducting a March general election with a copy of an example 130.21 ballot. The example ballot must illustrate the format required 130.22 for the ballots used in the general election that year. 130.23 Sec. 48. Minnesota Statutes 2000, section 205.185, 130.24 subdivision 2, is amended to read: 130.25 Subd. 2. [ELECTION, CONDUCT.] A municipal election shall 130.26 be by secret ballot and shall be held and the returns made in 130.27 the manner provided for the state general election,so far as130.28practicableexcept as otherwise expressly provided by law. 130.29 Sec. 49. Minnesota Statutes 2000, section 205.185, 130.30 subdivision 3, is amended to read: 130.31 Subd. 3. [CANVASS OF RETURNS, CERTIFICATE OF ELECTION, 130.32 BALLOTS, DISPOSITION.] (a) Within seven days after an election, 130.33 the governing body of a city conducting any election or the 130.34 governing body of a town conducting the general election in 130.35 November shall canvass the returns and declare the results of 130.36 the election. The governing body of a town conducting the 131.1 general election in March shall canvass the returns and declare 131.2 the results of the election within two days after an election. 131.3 (b) After the time for contesting elections has passed, the 131.4 municipal clerk shall issue a certificate of election to each 131.5 successful candidate. In case of a contest, the certificate 131.6 shall not be issued until the outcome of the contest has been 131.7 determined by the proper court. 131.8 (c) In case of a tie vote, the governing body shall 131.9 determine the result by lot. The clerk shall certify the results 131.10 of the election to the county auditor, and the clerk shall be 131.11 the final custodian of the ballots and the returns of the 131.12 election. 131.13 Sec. 50. Minnesota Statutes 2000, section 205A.02, is 131.14 amended to read: 131.15 205A.02 [ELECTION LAW APPLICABLE.] 131.16 Except as provided in this chapter or otherwise expressly 131.17 provided by law, the Minnesota Election Law applies to school 131.18 district elections, as far as practicable. Elections in common 131.19 school districts shall be governed by section 123B.94. 131.20 Sec. 51. Minnesota Statutes 2000, section 205A.11, 131.21 subdivision 2, is amended to read: 131.22 Subd. 2. [COMBINED POLLING PLACE.] When no other election 131.23 is being held in two or more precincts on the day of a school 131.24 district election, the school board may designate one or more 131.25 combined polling places at which the voters in those precincts 131.26 may vote in the school district election. The deadline 131.27 established under section 204B.16, subdivision 3, for 131.28 designating a new or different polling place applies to an 131.29 election described by this subdivision. 131.30 Sec. 52. Minnesota Statutes 2000, section 206.81, is 131.31 amended to read: 131.32 206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 131.33 (a) The secretary of state may license an electronic voting 131.34 system for experimental use at an election prior to its approval 131.35 for general use. 131.36 (b) The secretary of state must license a touch-sensitive 132.1 direct recording electronic voting system for experimental use 132.2 at an election before its approval for general use, and may 132.3 impose restrictions on its use. A voting system used under this 132.4 paragraph must permit a blind or visually impaired voter to cast 132.5 a ballot independently and privately. 132.6 (c) Experimental use must be observed by the secretary of 132.7 state or the secretary's designee and the results observed must 132.8 be considered at any subsequent proceedings for approval for 132.9 general use. 132.10 (d) The secretary of state may adopt rules consistent with 132.11 sections 206.55 to 206.90 relating to experimental use. The 132.12 extent of experimental use must be determined by the secretary 132.13 of state. 132.14 Sec. 53. [206.91] [VOTING EQUIPMENT DECENNIAL REPORT.] 132.15 By December 31 in each year ending in one, the secretary of 132.16 state shall file a report with the legislature regarding the 132.17 voting equipment used in Minnesota. This report must: 132.18 (1) identify the voting equipment used in each precinct, as 132.19 reported to the secretary of state by each county auditor; and 132.20 (2) include any recommendations from the secretary 132.21 regarding improvements in voting system technology that may 132.22 require the modification or replacement of voting systems 132.23 currently used in Minnesota. 132.24 [EFFECTIVE DATE.] This section is effective January 1, 2002. 132.25 Sec. 54. Minnesota Statutes 2000, section 208.06, is 132.26 amended to read: 132.27 208.06 [ELECTORS TO MEET AT CAPITOL; FILLING OF VACANCIES.] 132.28 The presidential electors,before 12:00 M.at 9:00 a.m. on 132.29 the daybefore thatfixed by Congress for the electors to vote 132.30 for president and vice-president of the United States, 132.31 shall assemble in the location designated under section 208.08 132.32 and notify the governor that they are at the state capitol and 132.33 readyat the proper timeto fulfill their duties as electors. 132.34 The governor shall deliver to the electors present a certificate 132.35 of the names of all the electors. If any elector named therein 132.36 fails to appearbeforeby 9:00 a.m. on the day,and at the 133.1 place,fixed for voting for president and vice-president of the 133.2 United States, the electors present shall, in the presence of 133.3 the governor, immediately elect by ballot a person to fill the 133.4 vacancy. If more than the number of persons required have the 133.5 highest and an equal number of votes when the electors cast 133.6 ballots to fill any vacancy, the governor, in the presence of 133.7 the electors attending, shall decide by lot which of those 133.8 persons shall be elected as a substituted presidential elector. 133.9 Sec. 55. Minnesota Statutes 2000, section 208.08, is 133.10 amended to read: 133.11 208.08 [ELECTORS TO MEET AT STATE CAPITOL.] 133.12 (a) At least seven days before the date the presidential 133.13 electors are required to assemble, the secretary of state shall 133.14 designate the location within the state capitol where the 133.15 assembly will be conducted and notify the governor and electors 133.16 of this location. 133.17 (b) The original and substituted presidential electors, at133.1812:00 M.,shall meetin the executive chamberat the state 133.19 capitol andshall, immediately after filling any vacancy among 133.20 the electors in accordance with section 208.06, perform all the 133.21 duties imposed upon them as electors by the constitution and 133.22 laws of the United States and this state. The secretary of 133.23 state, or an individual designated by the secretary of state, 133.24 shall preside at this assembly. 133.25 (c) The electors shall vote by secret ballot. 133.26 (d) The secretary of state shall transmit all 133.27 certifications by the electors to the individuals required to 133.28 receive the certifications under the constitution and laws of 133.29 the United States. 133.30 Sec. 56. Minnesota Statutes 2000, section 209.065, is 133.31 amended to read: 133.32 209.065 [PLEADINGS; PROCEDURE.] 133.33 The notice of contest and any answer are the pleadings in 133.34 the case and may be amended in the discretion of the court. The 133.35 contest proceedings must be brought on for trial by either the 133.36 contestant or contestee as soon as practicable within 20 days 134.1 after the filing of the notice of contest. The court shall 134.2 proceed to the extent possible in the manner provided in the 134.3 rules for recounts adopted by the secretary of state under 134.4 section 204C.361. If a court finds that proceeding in 134.5 accordance with all or part of the rules for recounts is not 134.6 possible, the court shall proceed in the manner provided for the 134.7 trial of civil actions so far as practicable. 134.8 Sec. 57. Minnesota Statutes 2000, section 211A.02, 134.9 subdivision 1, is amended to read: 134.10 Subdivision 1. [WHEN AND WHERE FILED BY COMMITTEES.] (a) A 134.11 committee or a candidate who receives contributions or makes 134.12 disbursements of more than $750 in a calendar year shall submit 134.13 an initial report to the filing officer within 14 days after the 134.14 candidate or committee receives or makes disbursements of more 134.15 than $750 and shall continue to make the reports listed 134.16 inparagraphparagraphs (b) and (c) until a final report is 134.17 filed. 134.18 (b) The committee or candidate must file a report by 134.19 January 31 of each year following the year when the initial 134.20 report was filedand. 134.21 (c) In a year when the candidate's name or a ballot 134.22 question appears on the ballot, the candidate or committee shall 134.23 file a report: 134.24 (1) ten days before the primary or special primary; 134.25 (2) ten days before the general election or special 134.26 election; and 134.27 (3) 30 days after a general or special election. 134.28 Sec. 58. Minnesota Statutes 2000, section 211A.02, 134.29 subdivision 4, is amended to read: 134.30 Subd. 4. [CONGRESSIONAL CANDIDATES.] Candidates for 134.31 election to the United States House of Representatives or Senate 134.32 and any political committees raising money and making 134.33 disbursements exclusively on behalf of any one of those 134.34 candidates may file copies of their financial disclosures 134.35 required by federal law in lieu of the financial statement 134.36 required by this section. A candidate or committee whose report 135.1 is published on the Federal Election Commission Web site has 135.2 complied with the filing requirements of this section. 135.3 Sec. 59. Minnesota Statutes 2000, section 211B.16, 135.4 subdivision 1, is amended to read: 135.5 Subdivision 1. [COUNTY ATTORNEY INQUIRY.] A county 135.6 attorney who is notified of an alleged violation of this chapter 135.7 shall promptly investigate and within 14 days shall determine 135.8 whether there is probable cause to institute a prosecution. If 135.9 the county attorney is unable to make this determination within 135.10 14 days, the county attorney shall notify the individual who 135.11 reported the alleged violation when a probable cause 135.12 determination will be made. If there is probable cause for 135.13 instituting a prosecution, the county attorney shall proceed by 135.14 complaint or present the charge, with whatever evidence has been 135.15 found, to the grand jury. A county attorney who refuses or 135.16 intentionally fails to faithfully perform this or any other duty 135.17 imposed by this chapter is guilty of a misdemeanor and upon 135.18 conviction forfeits the office. The county attorney, under the 135.19 penalty of forfeiture of office, shall prosecute all violations 135.20 of this chapter except violations of this section. If, however, 135.21 a complainant withdraws an allegation under this chapter, the 135.22 county attorney is not required to proceed with prosecution. 135.23 Sec. 60. Minnesota Statutes 2000, section 358.10, is 135.24 amended to read: 135.25 358.10 [OFFICIALS MAY ADMINISTER, WHEN.] 135.26 (a) All persons holding office under any law of this state, 135.27 or under the charter or ordinances of any municipal corporation 135.28 thereof, including judges and clerks of election, and all 135.29 committee members, commissioners, trustees, referees, 135.30 appraisers, assessors, and all others authorized or required by 135.31 law to act or report upon any matter of fact,shallhave the 135.32 power to administersuchoathsastheymaydeem necessary to the 135.33 proper discharge of their respective duties. 135.34 (b) Any employee of the secretary of state designated by 135.35 the secretary of state has the power to administer oaths to an 135.36 individual who wishes to file with the secretary of state an 136.1 affidavit of candidacy, nominating petition, declaration of 136.2 intent to be a write-in candidate, or any other document 136.3 relating to the conduct of elections. 136.4 Sec. 61. Minnesota Statutes 2000, section 367.03, 136.5 subdivision 6, is amended to read: 136.6 Subd. 6. [VACANCIES.] (a) When a vacancy occurs in a town 136.7 office, the town board shall fill the vacancy by appointment. 136.8 Except as provided in paragraph (b), the person appointed shall 136.9 hold office until the next annual town election, when a 136.10 successor shall be elected for the unexpired term. 136.11 (b) When a vacancy occurs in a town office: 136.12 (1) with more than one year remaining in the term; and 136.13 (2) on or after the 14th day before the first day to file 136.14 an affidavit of candidacy for the town election; 136.15 the vacancy must be filled by appointment. The person appointed 136.16 serves until the next annual town election following the 136.17 election for which affidavits of candidacy are to be filed, when 136.18 a successor shall be elected for the unexpired term. 136.19 (c) A vacancy in the office of supervisorshallmust be 136.20 filled by an appointment committee comprised of the remaining 136.21 supervisors and the town clerkuntil the next annual town136.22election, when a successor shall be elected for the unexpired136.23term. 136.24 (d) Any person appointed to fill the vacancy in the office 136.25 of supervisor must, upon assuming the office, be an eligible 136.26 voter, be 21 years of age, and have resided in the town for at 136.27 least 30 days. 136.28 (e) When, because of a vacancy, more than one supervisor is 136.29 to be chosen at the same election, candidates for the offices of 136.30 supervisor shall file for one of the specific terms being filled. 136.31 (f) Law enforcement vacanciesshallmust be filled by 136.32 appointment by the town board. 136.33 Sec. 62. [REPEALER.] 136.34 (a) Minnesota Statutes 2000, sections 204B.06, subdivision 136.35 1a, and 204C.15, subdivision 2a, are repealed. 136.36 (b) Minnesota Rules, part 8250.1400, is repealed.