1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; appropriating money for 1.3 the general administrative expenses of state 1.4 government; modifying provisions relating to state 1.5 government operations; amending Minnesota Statutes 1.6 1998, sections 3.099, subdivision 3; 3.3005, by adding 1.7 a subdivision; 3.305, by adding subdivisions; 3.85, 1.8 subdivision 3; 8.15, subdivisions 1, 2, and 3; 13.03, 1.9 subdivision 2; 13.05, by adding a subdivision; 13.073, 1.10 by adding a subdivision; 14.131; 14.23; 15.0591, 1.11 subdivision 2; 15.50, subdivision 2; 16A.102, 1.12 subdivision 1; 16A.103, subdivision 1; 16A.11, by 1.13 adding a subdivision; 16A.45, subdivision 1; 16B.31, 1.14 subdivision 2; 16B.415; 16B.46; 16B.465; 16B.48, 1.15 subdivision 2; 16B.58, by adding a subdivision; 1.16 16B.748; 16C.16, by adding a subdivision; 18.54; 1.17 21.92; 43A.04, by adding a subdivision; 60A.964, 1.18 subdivision 1; 60A.972, subdivision 3; 97B.025; 1.19 103G.301, subdivision 2; 103I.525, subdivision 9; 1.20 103I.531, subdivision 9; 103I.535, subdivision 9; 1.21 103I.541, subdivision 5; 115B.49, subdivisions 2 and 1.22 4; 115B.491, subdivisions 2 and 3; 116.07, subdivision 1.23 4d; 116.12; 116C.834, subdivision 1; 119A.05, 1.24 subdivision 1; 136F.581, subdivision 3; 136F.66; 1.25 138.17, subdivisions 7 and 8; 144.98, subdivision 3; 1.26 176.102, subdivision 14; 176.611, by adding a 1.27 subdivision; 183.375, subdivision 5; 197.79, 1.28 subdivision 10; 202A.18, by adding a subdivision; 1.29 202A.20, subdivision 2; 223.17, subdivision 3; 1.30 239.101, subdivision 4; 256.9753, subdivision 3; 1.31 297F.08, by adding a subdivision; 299M.04; 326.50; 1.32 326.86, subdivision 1; 349.163, subdivision 4; 1.33 356.219, subdivision 7; 383A.322; 465.803, subdivision 1.34 3; 465.81, subdivision 2; 465.82, subdivision 1; 1.35 465.84; 471.345, subdivision 8; 572A.02, subdivision 1.36 5; Laws 1995, First Special Session chapter 3, article 1.37 12, section 10; proposing coding for new law in 1.38 Minnesota Statutes, chapters 3; 4A; 16A; 16C; 16D; and 1.39 43A; proposing coding for new law as Minnesota 1.40 Statutes, chapter 604B; repealing Minnesota Statutes 1.41 1998, sections 4A.08; 4A.09; 4A.10; 15.90; 15.91; 1.42 15.92; 16A.103, subdivision 3; 16A.1285, subdivisions 1.43 4 and 5; 16B.36; 16B.39, subdivision 2; 16B.88; 1.44 16E.11; 43A.211; 207A.01; 207A.02; 207A.03; 207A.04; 1.45 207A.06; 207A.07; 207A.08; 207A.09; 207A.10; 240A.08; 1.46 394.232; 462.3535; 465.795; 465.796; 465.797; 2.1 465.7971; 465.798; 465.799; 465.801; 465.802; 465.803; 2.2 465.83; 465.87; 465.88; 473.1455; 572A.01; and 2.3 572A.03, subdivision 2. 2.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.5 ARTICLE 1 2.6 APPROPRIATIONS 2.7 Section 1. [STATE GOVERNMENT APPROPRIATIONS.] 2.8 The sums shown in the columns marked "APPROPRIATIONS" are 2.9 appropriated from the general fund, or another fund named, to 2.10 the agencies and for the purposes specified in this act, to be 2.11 available for the fiscal years indicated for each purpose. The 2.12 figures "2000" and "2001," where used in this act, mean that the 2.13 appropriation or appropriations listed under them are available 2.14 for the year ending June 30, 2000, or June 30, 2001, 2.15 respectively. 2.16 SUMMARY BY FUND 2.17 BIENNIAL 2.18 2000 2001 TOTAL 2.19 General $309,981,000 $301,747,000 $611,728,000 2.20 State 2.21 Government 2.22 Special Revenue 13,259,000 13,239,000 26,498,000 2.23 Health Care Access 1,842,000 1,871,000 3,713,000 2.24 Environmental 236,000 242,000 478,000 2.25 Solid Waste 660,000 670,000 1,330,000 2.26 Highway User 2.27 Tax Distribution 2,129,000 2,173,000 4.302,000 2.28 Trunk Highway 37,000 37,000 74,000 2.29 Workers' 2.30 Compensation 6,938,000 7,045,000 13,983,000 2.31 TOTAL $335,082,000 $327,024,000 $662,106,000 2.32 APPROPRIATIONS 2.33 Available for the Year 2.34 Ending June 30 2.35 2000 2001 2.36 Sec. 2. LEGISLATURE 2.37 Subdivision 1. Total 2.38 Appropriation $53,776,000 $57,754,000 2.39 Summary by Fund 2.40 General 53,589,000 57,567,000 2.41 Health Care Access 150,000 150,000 3.1 Trunk Highway 37,000 37,000 3.2 The amounts that may be spent from this 3.3 appropriation for each program are 3.4 specified in the following subdivisions. 3.5 Subd. 2. Senate 3.6 15,217,000 16,602,000 3.7 Of amounts previously appropriated to 3.8 the senate and carried forward into the 3.9 biennium beginning July 1, 1999, 3.10 $1,000,000 is canceled to the general 3.11 fund. 3.12 Subd. 3. House of Representatives 3.13 25,361,000 27,670,000 3.14 Of amounts previously appropriated to 3.15 the house of representatives and 3.16 carried forward into the biennium 3.17 beginning July 1, 1999, $2,000,000 is 3.18 canceled to the general fund. 3.19 The spaces available to house and 3.20 senate staff in the State Office 3.21 Building parking ramp must be 3.22 apportioned so that the percentage of 3.23 house staff who work in the State 3.24 Office Building and are able to park in 3.25 the ramp is the same as the percentage 3.26 of senate staff who work in the State 3.27 Office Building and are able to park in 3.28 the ramp. 3.29 During the interim between the 1999 and 3.30 2000 legislative sessions, the house 3.31 state government finance committee and 3.32 the senate governmental operations 3.33 budget division shall study internal 3.34 service funds and enterprise funds in 3.35 the department of administration and 3.36 the services provided through those 3.37 funds. The study shall evaluate the 3.38 appropriateness of the department 3.39 continuing to provide the services paid 3.40 for through these funds and the 3.41 appropriate funding mechanism for 3.42 providing these services. 3.43 Subd. 4. Legislative 3.44 Coordinating Commission 3.45 Summary by Fund 3.46 General 13,011,000 13,295,000 3.47 Health Care Access 150,000 150,000 3.48 Trunk Highway 37,000 37,000 3.49 $5,484,000 the first year and 3.50 $5,582,000 the second year are for the 3.51 office of the revisor of statutes. 3.52 $1,079,000 the first year and 3.53 $1,107,000 the second year are for the 3.54 legislative reference library. 4.1 $4,765,000 the first year and 4.2 $4,895,000 the second year are for the 4.3 office of the legislative auditor. 4.4 The appropriation to the legislative 4.5 coordinating commission in Laws 1998, 4.6 chapter 366, section 2, does not cancel 4.7 until June 30, 2000. As a condition to 4.8 executing the grant, there must be 4.9 equitable financial participation in 4.10 the exchange by the Canadian provinces. 4.11 Effective January 1, 2000, the house of 4.12 representatives public information 4.13 office and the senate publications 4.14 office are combined, under the 4.15 jurisdiction of the legislative 4.16 coordinating commission. 4.17 Effective January 1, 2000, the house of 4.18 representatives television services 4.19 office and the senate media services 4.20 offices are combined, under the 4.21 jurisdiction of the legislative 4.22 coordinating commission. 4.23 Effective January 1, 2000, the house of 4.24 representatives administrative services 4.25 office and senate offices that provide 4.26 similar services are combined, under 4.27 the jurisdiction of the legislative 4.28 coordinating commission. 4.29 During the interim between the 1999 and 4.30 2000 legislative sessions, legislative 4.31 appointing authorities may work with 4.32 the department of employee relations to 4.33 place legislative staff on temporary 4.34 assignments in state agencies. The 4.35 legislature is responsible for salary 4.36 and benefits of employees who choose 4.37 these temporary assignments. Work 4.38 assignments and hours must be 4.39 negotiated by legislative appointing 4.40 authorities and the state agencies 4.41 getting interim use of legislative 4.42 staff. Refusal of a commissioner to 4.43 find a suitable work assignment for 4.44 interested and qualified legislative 4.45 staff must be reported to the budget 4.46 committee chairs of the house and 4.47 senate that have jurisdiction over that 4.48 agency's budget. 4.49 The legislative commission on pensions 4.50 and retirement shall study and report 4.51 to the legislature by January 15, 2000, 4.52 on the comparability of pension and 4.53 other postretirement benefits between 4.54 public sector and private sector 4.55 employees. When comparing the 4.56 benefits, the commission shall select 4.57 comparable job classifications and 4.58 salary ranges. The study shall compare 4.59 pension portability, initial monthly 4.60 benefits, average annual benefit 4.61 increases, employer and employee 4.62 contribution rates, availability of 4.63 early retirement incentives, 4.64 administrative costs, and other factors 4.65 as necessary to compare benefits. 5.1 The legislative commission on pensions 5.2 and retirement shall study and report 5.3 to the legislature by January 15, 2000, 5.4 on the benefits of changing the 5.5 membership of the commission to include 5.6 nonlegislators. In determining the new 5.7 membership, the commission shall 5.8 consider including representatives of 5.9 both government and nongovernment 5.10 employee organizations, pension fund 5.11 experts with expertise in defined 5.12 benefit and defined contribution 5.13 pension plans, administrative services 5.14 specialists, and others as necessary. 5.15 The legislative coordinating commission 5.16 must implement a plan for scheduling 5.17 house and senate floor sessions at the 5.18 same time and having more joint 5.19 committee meetings. 5.20 Sec. 3. GOVERNOR AND 5.21 LIEUTENANT GOVERNOR 4,019,000 4,104,000 5.22 During the biennium ending June 30, 5.23 2001, the governor's office may not 5.24 include more than three legislative 5.25 relations staff. The amount saved by 5.26 reducing the number of legislative 5.27 relations staff may be used to provide 5.28 increased security for the governor. 5.29 Not later than September 30, 1999, the 5.30 governor, in consultation with the 5.31 commissioners of agriculture and trade 5.32 and economic development, shall prepare 5.33 and submit an application for federal 5.34 permits as may be needed to authorize 5.35 the growing of experimental and 5.36 demonstration plots of industrial 5.37 hemp. The governor shall also direct 5.38 the commissioner of agriculture, in 5.39 consultation with the commissioner of 5.40 public safety and other appropriate 5.41 commissioners, to establish standards 5.42 and forms for persons wishing to 5.43 register for growing experimental and 5.44 demonstration plots of industrial hemp. 5.45 By September 1 each year, the 5.46 commissioner of finance shall report to 5.47 the chairs of the senate governmental 5.48 operations budget division and the 5.49 house state government finance division 5.50 any personnel costs incurred by the 5.51 office of the governor and lieutenant 5.52 governor that were supported by 5.53 appropriations to other agencies during 5.54 the previous fiscal year. The office 5.55 of the governor shall inform the chairs 5.56 of the divisions before initiating any 5.57 interagency agreements. 5.58 Sec. 4. STATE AUDITOR 9,124,000 9,462,000 5.59 Sec. 5. STATE TREASURER 2,195,000 2,249,000 5.60 Sec. 6. ATTORNEY GENERAL 27,862,000 27,265,000 5.61 Summary by Fund 6.1 General 25,554,000 24,940,000 6.2 State Government 6.3 Special Revenue 1,713,000 1,717,000 6.4 Environmental 135,000 138,000 6.5 Solid Waste 460,000 470,000 6.6 $1,000,000 the first year is for the 6.7 information technology initiative. 6.8 The attorney general and commissioner 6.9 of finance shall continue to review the 6.10 funding mechanism for legal services. 6.11 By February 15, 2000, a report shall be 6.12 submitted to the committees responsible 6.13 for funding the office of the attorney 6.14 general that details further 6.15 refinements to the legal services 6.16 funding mechanism. Some of the issues 6.17 requiring further study include: 6.18 (1) identifying criteria that 6.19 differentiate between a partner and a 6.20 pooled agency; 6.21 (2) clarifying whether the attorney 6.22 general, the agency, or both, is 6.23 responsible for requesting funding for 6.24 pooled agencies; 6.25 (3) determining what process the 6.26 billing rate should follow for 6.27 implementation and of what it should be 6.28 comprised; 6.29 (4) developing a mechanism to ensure 6.30 that legal service resources are 6.31 allocated as intended by the 6.32 legislature and a process to address 6.33 situations where demand exceeds 6.34 resources; 6.35 (5) determining whether partner 6.36 agencies should continue to have 6.37 general fund dollars set aside in the 6.38 attorney general base; and 6.39 (6) determining what method is used to 6.40 ascertain how much funding for legal 6.41 services the attorney general has in 6.42 its base for each agency. 6.43 Sec. 7. SECRETARY OF STATE 14,676,000 6,453,000 6.44 $6,000,000 the first year is a one-time 6.45 appropriation for computer projects. 6.46 This appropriation may be spent only 6.47 upon approval of the director of the 6.48 office of technology. 6.49 Sec. 8. CAMPAIGN FINANCE AND 6.50 PUBLIC DISCLOSURE BOARD 501,000 514,000 6.51 Sec. 9. INVESTMENT BOARD 2,310,000 2,376,000 6.52 Sec. 10. ADMINISTRATIVE HEARINGS 6,664,000 6,859,000 6.53 This appropriation is from the workers' 6.54 compensation special fund. 7.1 Sec. 11. OFFICE OF STRATEGIC 7.2 AND LONG-RANGE PLANNING 6,340,000 5,206,000 7.3 Subdivision 1. Land Inventory 7.4 The director of the office of strategic 7.5 and long-range planning must inventory 7.6 all land owned by the state, including 7.7 land under the navigable waters of the 7.8 state at the time of statehood. The 7.9 inventory must include the total 7.10 acreage, when the state acquired each 7.11 parcel, and the legal authority for 7.12 acquiring each parcel. The director 7.13 must report to the governor and the 7.14 legislature by January 15, 2001. 7.15 Subd. 2. Program Evaluation 7.16 (a) $100,000 each year is base funding 7.17 for a program evaluation division. The 7.18 program evaluation division will work 7.19 real hard and shall scrutinize state 7.20 government programs to identify 7.21 duplication or poor coordination of 7.22 effort and recommend ways to combine or 7.23 organize services to be more effective 7.24 and efficient and will: 7.25 (1) look at programs in a fiscally 7.26 conservative and prudent manner and its 7.27 letterhead shall state "Never forget 7.28 it's the people's money"; 7.29 (2) examine programs and determine 7.30 what's necessary ... not necessarily 7.31 what's "nice" to do; 7.32 (3) work to discover how to prevent 7.33 future costs where possible. In 7.34 conjunction with the department of 7.35 finance, it will pay close attention to 7.36 the future costs of policy and budget 7.37 decisions and insist that projected 7.38 budgets are balanced for four years; 7.39 (4) help to set a responsible budget, 7.40 live within it, and settle up any 7.41 actual surpluses with taxpayers at the 7.42 end of the biennium; 7.43 (5) evaluate programs in tangible ways 7.44 for real, cost-effective results and 7.45 suggest ways to reform or eliminate 7.46 programs if they are redundant or 7.47 aren't producing desired results; and 7.48 (6) determine how to provide incentives 7.49 for desirable behavior and evaluate 7.50 proposals for competition, with a 7.51 philosophy that it works and is even 7.52 good in government. 7.53 (b) The division will report to the 7.54 legislature by February 1, 2000, ways 7.55 to reduce state government expenditures 7.56 by five or ten percent. 7.57 Subd. 3. Feedlot 7.58 $1,000,000 the first year is a one-time 8.1 appropriation for the feedlot generic 8.2 environmental impact statement. 8.3 Subd. 4. Airport 8.4 Notwithstanding Minnesota Statutes, 8.5 section 473.608, subdivision 25, or any 8.6 other law to the contrary, the 8.7 metropolitan airports commission must 8.8 not begin or continue activities 8.9 related to implementing the 8.10 Minneapolis-St. Paul International 8.11 Airport year 2010 long-term 8.12 comprehensive plan until: (1) the 8.13 commission completes, and the 8.14 environmental quality board has 8.15 approved, the environmental impact 8.16 report required by Minnesota Statutes, 8.17 section 473.614, subdivision 2a, which 8.18 requires an evaluation of the 8.19 environmental effects of and costs 8.20 associated with noise impacts, noise 8.21 mitigation measures, and land use 8.22 compatibility measures according to 8.23 alternative assumptions of 600,000, 8.24 650,000, 700,000, and 750,000 aircraft 8.25 operations per year at the airport; and 8.26 (2) adequate funding is secured and 8.27 guaranteed to implement the mitigation 8.28 programs, measures, and techniques 8.29 recommended by the low frequency noise 8.30 policy committee established under an 8.31 agreement between the city of Richfield 8.32 and the metropolitan airports 8.33 commission. This paragraph is 8.34 effective the day following final 8.35 enactment. 8.36 Subd. 5. Planning grants 8.37 $100,000 the first year is for a grant 8.38 to the city of Mankato to complete the 8.39 Mankato area growth management and 8.40 planning study, phase 2. The 8.41 appropriation is available until June 8.42 30, 2002. The appropriation must be 8.43 matched by an in-kind donation of 8.44 $100,000 in administrative, technical, 8.45 and higher educational internship 8.46 support and supervision. The value of 8.47 the in-kind donations must be 8.48 determined by the commissioner of 8.49 finance. 8.50 The city shall serve as fiscal agent to 8.51 complete the study under the 1997 8.52 regional planning joint powers 8.53 agreement among the cities of Mankato, 8.54 North Mankato, and Eagle Lake; the 8.55 counties of Nicollet and Blue Earth; 8.56 and the towns of Mankato, South Bend, 8.57 Lime, Decoria, and Belgrade, without 8.58 limitation on the rights of the parties 8.59 to that agreement to add or remove 8.60 members. The study is intended as an 8.61 alternative to community-based 8.62 planning. The study is intended to 8.63 develop information and analysis to 8.64 provide guidance on such issues as: 8.65 (1) the development of joint planning 9.1 agreements to implement a unified 9.2 growth management strategy; 9.3 (2) joint service ventures, such as 9.4 planning or zoning administration in 9.5 urban fringe areas; 9.6 (3) orderly growth and annexation 9.7 agreements between cities and 9.8 townships; 9.9 (4) feedlot regulations in urban fringe 9.10 areas and future growth corridors; 9.11 (5) service strategies for unsewered 9.12 subdivisions; 9.13 (6) other joint ventures for city, 9.14 county, and township service delivery 9.15 in fringe areas; 9.16 (7) feasibility of a rural township 9.17 taxing district; and 9.18 (8) alternatives to the current 9.19 community-based planning legislation 9.20 that would add flexibility and improve 9.21 the planning process. 9.22 The city of Mankato shall report the 9.23 results of the study to the legislature 9.24 by January 15, 2002. 9.25 $150,000 the first year is appropriated 9.26 for three grants of $50,000 each: one 9.27 to the southwest regional development 9.28 commission for the continuation of the 9.29 pilot program; and two additional 9.30 grants to regional development 9.31 commissions or, in regions not served 9.32 by regional development commissions, to 9.33 regional organizations selected by the 9.34 director, to support planning work on 9.35 behalf of local units of government. 9.36 The appropriation is available until 9.37 June 30, 2001. The planning work shall 9.38 include, but not be limited to: 9.39 (1) development of local zoning 9.40 ordinances; 9.41 (2) land use plans; 9.42 (3) community or economic development 9.43 plans; 9.44 (4) transportation and transit plans; 9.45 (5) solid waste management plans; 9.46 (6) wastewater management plans; 9.47 (7) workforce development plans; 9.48 (8) housing development plans and/or 9.49 market analysis; 9.50 (9) rural health service plans; 9.51 (10) natural resources management 9.52 plans; or 10.1 (11) development of geographical 10.2 information systems database to serve a 10.3 region's needs, including hardware and 10.4 software purchases and related labor 10.5 costs. 10.6 Sec. 12. ADMINISTRATION 10.7 Subdivision 1. Total 10.8 Appropriation 33,842,000 31,694,000 10.9 Summary by Fund 10.10 General 22,785,000 20,651,000 10.11 State Government 10.12 Special Revenue 11,057,000 11,043,000 10.13 The amounts that may be spent from this 10.14 appropriation for each program are 10.15 specified in the following subdivisions. 10.16 Subd. 2. Operations Management 10.17 3,819,000 3,679,000 10.18 Subd. 3. Intertechnologies Group 10.19 14,987,000 13,311,000 10.20 $2,000,000 the first year is for the 10.21 year 2000 project office and a year 10.22 2000 contingency fund. 10.23 Summary by Fund 10.24 General 3,930,000 2,068,000 10.25 State Government 10.26 Special Revenue 11,057,000 11,043,000 10.27 Subd. 4. Facilities Management 10.28 9,310,000 9,418,000 10.29 During the biennium ending June 30, 10.30 2001, all increases over the fiscal 10.31 year 1999 expenditures level for rent 10.32 charged by the department of 10.33 administration to state agencies for 10.34 the use of state owned buildings must 10.35 be used only for repair or maintenance 10.36 of those buildings. 10.37 Subd. 5. Management Services 10.38 2,598,000 2,682,000 10.39 Subd. 6. Fiscal Agent 10.40 636,000 426,000 10.41 $5,447,000 the first year and 10.42 $5,460,000 the second year are for 10.43 office space costs of the legislature 10.44 and veterans organizations, for 10.45 ceremonial space, and for statutorily 10.46 free space. 10.47 $2,000 the first year and $2,000 the 10.48 second year are for the state 11.1 employees' band. 11.2 $153,000 each year is for the alliance 11.3 with youth. 11.4 $71,000 each year is for the 11.5 developmental disabilities council. 11.6 $210,000 the first year is for 11.7 augmentive and alternative 11.8 communications. 11.9 $200,000 each year is for 11.10 technology-related assistance for 11.11 individuals with disabilities. 11.12 $100,000 the first year is for a grant 11.13 to the Minnesota fire service 11.14 certification board to review the 11.15 educational needs of firefighters and 11.16 fire departments in the state and make 11.17 recommendations to educational 11.18 institutions, fire education providers, 11.19 and the legislature. 11.20 Subd. 7. Public Broadcasting 11.21 2,492,000 2,378,000 11.22 $1,250,000 the first year and 11.23 $1,250,000 the second year are for 11.24 matching grants for public television. 11.25 $441,000 the first year and $441,000 11.26 the second year are for grants for 11.27 public information television 11.28 transmission of legislative activities. 11.29 $25,000 the first year and $25,000 the 11.30 second year are for grants to the Twin 11.31 Cities regional cable channel. 11.32 $113,000 the first year is for grants 11.33 to noncommercial television stations to 11.34 assist with conversion to a digital 11.35 broadcast signal as mandated by the 11.36 federal government. In order to 11.37 qualify for these grants, a station 11.38 must meet the criteria established for 11.39 grants in Minnesota Statutes, section 11.40 129D.12, subdivision 2. 11.41 $430,000 the first year and $430,000 11.42 the second year are for community 11.43 service grants to public educational 11.44 radio stations, which must be allocated 11.45 after considering the recommendations 11.46 of the Association of Minnesota Public 11.47 Educational Radio Stations under 11.48 Minnesota Statutes, section 129D.14. 11.49 $30,000 the first year and $30,000 the 11.50 second year of this appropriation may 11.51 be allocated to WTIP-FM in Grand 11.52 Marais, notwithstanding the 11.53 requirements of Minnesota Statutes, 11.54 section 129D.14. 11.55 $233,000 the first year and $232,000 11.56 the second year are for equipment 11.57 grants to public educational radio 11.58 stations which must be allocated after 12.1 considering the recommendations of the 12.2 Association of Minnesota Public 12.3 Educational Radio Stations. 12.4 Subd. 8. Request for Proposals 12.5 The commissioner of administration 12.6 shall develop a request for proposals 12.7 to operate the new custody level 4 12.8 correctional facility at Rush City 12.9 authorized in Laws 1996, chapter 463, 12.10 section 16, subdivision 3, as amended 12.11 by Laws 1997, chapter 238, section 3. 12.12 The request must allow for proposals 12.13 from vendors across the country, 12.14 including the department of 12.15 corrections. The commissioner shall 12.16 issue the request by August 1, 1999, 12.17 which must remain open until September 12.18 1, 1999. By October 1, 1999, the 12.19 commissioner shall select a vendor to 12.20 operate the facility. $234,000 the 12.21 first year is for purposes of this 12.22 paragraph. This paragraph is effective 12.23 the day following final enactment. 12.24 Sec. 13. OFFICE OF TECHNOLOGY 5,164,000 2,622,000 12.25 Summary by Fund 12.26 General 4,901,000 2,457,000 12.27 State Government 12.28 Special Revenue 89,000 79,000 12.29 Workers' 12.30 Compensation 174,000 86,000 12.31 The appropriation for the second year 12.32 is contingent on the commissioner of 12.33 administration, in consultation with 12.34 the director of the office, submitting 12.35 a plan to the legislature by January 12.36 15, 2000, for reorganization of the 12.37 office. 12.38 $1,500,000 of the general fund 12.39 appropriation the first year is for 12.40 small agency infrastructure and is 12.41 available until June 30, 2001. The 12.42 appropriations from the special revenue 12.43 fund and the workers' compensation fund 12.44 are for small agency infrastructure. 12.45 $500,000 the first year is for 12.46 completion of the one-stop business 12.47 licensing project. 12.48 Sec. 14. CAPITOL AREA ARCHITECTURAL 12.49 AND PLANNING BOARD 301,000 304,000 12.50 The board must install on the sign 12.51 labeling the 600 North Robert Street 12.52 building a plaque identifying the 12.53 department of revenue as an occupant of 12.54 the building. 12.55 The capitol area architectural and 12.56 planning board and the Minnesota 12.57 historical society shall remove the 12.58 existing Spanish-American war plaque 13.1 currently displayed in the capitol 13.2 rotunda and donate it to the Minnesota 13.3 historical society. 13.4 Sec. 15. FINANCE 13.5 Subdivision 1. Total 13.6 Appropriation 21,233,000 21,529,000 13.7 The amounts that may be spent from this 13.8 appropriation for each program are 13.9 specified in the following subdivisions. 13.10 Subd. 2. State Financial Management 13.11 7,788,000 7,958,000 13.12 Subd. 3. Information and Management Services 13.13 13,445,000 13,571,000 13.14 The commissioner shall work with the 13.15 commissioners of employee relations and 13.16 administration and shall develop a 13.17 request for proposals to use a private 13.18 vendor for the state payroll system. 13.19 The request must allow for phased 13.20 implementation by the vendor, and must 13.21 allow for bids from vendors across the 13.22 country. Any state or other 13.23 governmental agency may submit a 13.24 proposal. The commissioner shall cause 13.25 the request to be issued by October 1, 13.26 1999. All documents related to the 13.27 development of the request for proposal 13.28 are public under Minnesota Statutes, 13.29 chapter 13. 13.30 Subd. 4. Technology Budget Book 13.31 The department shall prepare a separate 13.32 budget book for the biennium beginning 13.33 July 1, 2001, containing all of the 13.34 administration's technology 13.35 initiatives. The book shall also 13.36 include a complete inventory of 13.37 state-owned and leased technology, 13.38 along with a projected replacement 13.39 schedule. The inventory shall include 13.40 information on how the technology fits 13.41 into the state's master plan. 13.42 Sec. 16. EMPLOYEE RELATIONS 13.43 Subdivision 1. Total 13.44 Appropriation 7,500,000 7,665,000 13.45 The amounts that may be spent from this 13.46 appropriation for each program are 13.47 specified in the following subdivisions. 13.48 Subd. 2. Human Resources 13.49 Management 13.50 7,362,000 7,527,000 13.51 The commissioner must develop and 13.52 implement a plan to recruit and retain 13.53 minority employees in state 13.54 government. As part of the recruitment 13.55 plan, the commissioner must build 14.1 connections with minority centers and 14.2 with entities that work with minority 14.3 persons looking for jobs or training. 14.4 As part of the retention plan, the 14.5 commissioner must work with minority 14.6 state employees and minority former 14.7 state employees: (1) to find out what 14.8 barriers they encountered in seeking 14.9 state employment; (2) to find out what 14.10 problems these employees have 14.11 encountered in their work; and (3) to 14.12 develop a program to improve retention 14.13 rates of minority employees. 14.14 $48,000 the first year and $40,000 the 14.15 second year are for one-time grants to 14.16 the government training service for 14.17 ongoing operations, including 14.18 technology upgrades. 14.19 Subd. 3. Employee Insurance 14.20 138,000 138,000 14.21 The state employee assistance program 14.22 must be funded entirely by assessing 14.23 agencies and employers as authorized by 14.24 Minnesota Statutes, section 43A.30, 14.25 subdivision 5. 14.26 Sec. 17. REVENUE 14.27 Subdivision 1. Total 14.28 Appropriation 87,532,000 89,412,000 14.29 Summary by Fund 14.30 General 83,410,000 85,214,000 14.31 Health Care Access 1,692,000 1,721,000 14.32 Highway User 14.33 Tax Distribution 2,129,000 2,173,000 14.34 Environmental 101,000 104,000 14.35 Solid waste 200,000 200,000 14.36 The amounts that may be spent from this 14.37 appropriation for each program are 14.38 specified in the following subdivisions. 14.39 Subd. 2. Tax System Management 14.40 85,046,000 86,855,000 14.41 Summary by Fund 14.42 General 80,924,000 82,657,000 14.43 Health Care Access 1,692,000 1,721,000 14.44 Highway User 14.45 Tax Distribution 2,129,000 2,173,000 14.46 Environmental 101,000 104,000 14.47 Solid Waste 200,000 200,000 14.48 Subd. 3. Accounts Receivable Management 15.1 2,486,000 2,557,000 15.2 Subd. 4. Other Provisions 15.3 The building located in the capitol 15.4 complex at 600 North Robert Street, St. 15.5 Paul, is designated and named the 15.6 Harold E. Stassen building. 15.7 Sec. 18. MILITARY AFFAIRS 15.8 Subdivision 1. Total 15.9 Appropriation 11,510,000 10,416,000 15.10 The amounts that may be spent from this 15.11 appropriation for each program are 15.12 specified in the following subdivisions. 15.13 Subd. 2. Maintenance of Training 15.14 Facilities 15.15 7,036,000 5,889,000 15.16 $1,250,000 the first year is a one-time 15.17 appropriation. 15.18 Subd. 3. General Support 15.19 1,670,000 1,722,000 15.20 $50,000 each year is to assist in the 15.21 operation and staffing of the Minnesota 15.22 national guard youth camp at Camp 15.23 Ripley. This appropriation is 15.24 contingent on its being matched by 15.25 money from other sources. 15.26 Subd. 4. Enlistment Incentives 15.27 2,729,000 2,730,000 15.28 $375,000 each year is a one-time 15.29 appropriation. 15.30 Obligations for the reenlistment bonus 15.31 program, suspended on December 31, 15.32 1991, shall be paid from the amounts 15.33 available within the enlistment 15.34 incentives program. 15.35 If appropriations for either year of 15.36 the biennium are insufficient, the 15.37 appropriation from the other year is 15.38 available. The appropriations for 15.39 enlistment incentives are available 15.40 until expended. 15.41 Subd. 5. Emergency Services 15.42 75,000 75,000 15.43 These appropriations are for expenses 15.44 of military forces ordered to active 15.45 duty under Minnesota Statutes, chapter 15.46 192. If the appropriation for either 15.47 year is insufficient, the appropriation 15.48 for the other year is available for it. 15.49 Sec. 19. VETERANS AFFAIRS 5,899,000 6,604,000 15.50 $232,000 the first year and $232,000 16.1 the second year are for grants to 16.2 county veterans offices for training of 16.3 county veterans service officers. 16.4 $1,544,000 the first year and 16.5 $1,544,000 the second year are for 16.6 emergency financial and medical needs 16.7 of veterans. If the appropriation for 16.8 either year is insufficient, the 16.9 appropriation for the other year is 16.10 available for it. 16.11 With the approval of the commissioner 16.12 of finance, the commissioner of 16.13 veterans affairs may transfer the 16.14 unencumbered balance from the veterans 16.15 relief program to other department 16.16 programs during the fiscal year. 16.17 Before the transfer, the commissioner 16.18 of veterans affairs shall explain why 16.19 the unencumbered balance exists. The 16.20 amounts transferred must be identified 16.21 to the chairs of the senate 16.22 governmental operations budget 16.23 committee and the house governmental 16.24 operations committee division on state 16.25 government finance. 16.26 $275,000 the first year and $275,000 16.27 the second year are for a grant to the 16.28 Vinland National Center. 16.29 $3,590,000 the first year is to make 16.30 and administer bonus payments 16.31 authorized under Minnesota Statutes, 16.32 section 197.79. This appropriation is 16.33 available until June 30, 2001. The 16.34 unspent and unencumbered portion of the 16.35 appropriations in Laws 1997, chapter 16.36 202, article 1, section 20, for bonus 16.37 payments and administration under 16.38 Minnesota Statutes, section 197.79, is 16.39 canceled. 16.40 Of the amounts appropriated for the 16.41 guardianship activity, $128,000 the 16.42 first year and $129,000 the second year 16.43 are one-time appropriations. 16.44 $326,000 the second year is for a 16.45 contribution towards a national World 16.46 War II memorial. The appropriation is 16.47 available until June 30, 2001, but may 16.48 not be spent before October 1, 2000, 16.49 and until the commissioner determines 16.50 that the memorial will be built. 16.51 Sec. 20. VETERANS OF FOREIGN 16.52 WARS 41,000 41,000 16.53 For carrying out the provisions of Laws 16.54 1945, chapter 455. 16.55 Sec. 21. MILITARY ORDER OF 16.56 THE PURPLE HEART 20,000 20,000 16.57 Sec. 22. DISABLED AMERICAN VETERANS 13,000 13,000 16.58 For carrying out the provisions of Laws 16.59 1941, chapter 425. 17.1 Sec. 23. GAMBLING CONTROL 2,183,000 2,241,000 17.2 The commissioner of revenue must 17.3 continue to provide technical support 17.4 to the lawful gambling control board 17.5 for the collection of gambling taxes 17.6 without charge during the biennium 17.7 ending June 30, 2001. 17.8 Sec. 24. RACING COMMISSION 387,000 396,000 17.9 Sec. 25. AMATEUR SPORTS 17.10 COMMISSION 614,000 630,000 17.11 The commission must develop a plan for 17.12 becoming self-sufficient. The timeline 17.13 for self-sufficiency must not exceed 17.14 five years. The commission must report 17.15 the plan to the chairs of the budget 17.16 committees in the house and the senate 17.17 by February 1, 2000. 17.18 Sec. 26. BOARD OF THE ARTS 17.19 Subdivision 1. Total 17.20 Appropriation 13,058,000 13,083,000 17.21 The amounts that may be spent from this 17.22 appropriation for each program are 17.23 specified in the following subdivisions. 17.24 Subd. 2. Operations and Services 17.25 983,000 1,008,000 17.26 By February 15, 2000, the board must 17.27 compile, report to the legislature, and 17.28 make readily available a listing of 17.29 grants awarded with funds appropriated 17.30 for fiscal years 1998 and 1999 by type 17.31 and dollar amount, along with a 17.32 measurement of impact for each grant. 17.33 Impact measurements include, but are 17.34 not limited to: (1) the number of 17.35 patrons served; (2) a determination if 17.36 the grant allowed the grantee to go 17.37 forward; and (3) the extent the grantee 17.38 was able to expand or otherwise improve 17.39 the artistic experience offered the 17.40 public. 17.41 The board must also compile and make 17.42 available a historical record for every 17.43 grantee that has received funds from 17.44 the board. The list must be by grantee 17.45 and identify all types of grants 17.46 received each year. 17.47 Subd. 3. Grants Program 17.48 8,040,000 8,040,000 17.49 At least $1,500,000 for the biennium is 17.50 for arts in education. 17.51 Subd. 4. Regional Arts 17.52 Councils 17.53 4,035,000 4,035,000 17.54 Sec. 27. MINNESOTA HUMANITIES 18.1 COMMISSION 460,000 478,000 18.2 The humanities commission must develop 18.3 a plan for the selection of a Minnesota 18.4 Poet Laureate. The commission must 18.5 report the plan to the legislature by 18.6 February 1, 2000. 18.7 Sec. 28. GENERAL CONTINGENT 18.8 ACCOUNTS 600,000 600,000 18.9 Summary by Fund 18.10 General 100,000 100,000 18.11 State Government 18.12 Special Revenue 400,000 400,000 18.13 Workers' 18.14 Compensation 100,000 100,000 18.15 Sec. 29. TORT CLAIMS 275,000 275,000 18.16 To be spent by the commissioner of 18.17 finance. 18.18 If the appropriation for either year is 18.19 insufficient, the appropriation for the 18.20 other year is available for it. 18.21 Sec. 30. MINNESOTA STATE 18.22 RETIREMENT SYSTEM 3,998,000 4,014,000 18.23 The amounts estimated to be needed for 18.24 each program are as follows: 18.25 (a) Legislators 18.26 3,800,000 3,800,000 18.27 Under Minnesota Statutes, sections 18.28 3A.03, subdivision 2; 3A.04, 18.29 subdivisions 3 and 4; and 3A.11. 18.30 (b) Constitutional Officers 18.31 198,000 214,000 18.32 Under Minnesota Statutes, sections 18.33 352C.031, subdivision 5; 352C.04, 18.34 subdivision 3; and 352C.09, subdivision 18.35 2. 18.36 If an appropriation in this section for 18.37 either year is insufficient, the 18.38 appropriation for the other year is 18.39 available for it. 18.40 Sec. 31. MINNEAPOLIS EMPLOYEES 18.41 RETIREMENT FUND 6,442,000 6,442,000 18.42 $5,892,000 the first year and 18.43 $5,892,000 the second year are to the 18.44 commissioner of finance for payment to 18.45 the Minneapolis employees retirement 18.46 fund under Minnesota Statutes, section 18.47 422A.101, subdivision 3. Payment must 18.48 be made in four equal installments, 18.49 March 15, July 15, September 15, and 18.50 November 15, each year. 19.1 $550,000 the first year and $550,000 19.2 the second year are to the commissioner 19.3 of finance for payment to the 19.4 Minneapolis employees retirement fund 19.5 for the supplemental benefit for 19.6 pre-1973 retirees under Minnesota 19.7 Statutes, section 356.865. 19.8 Sec. 32. POLICE AND FIRE 19.9 AMORTIZATION AID 6,295,000 6,303,000 19.10 $4,925,000 the first year and 19.11 $4,925,000 the second year are to the 19.12 commissioner of revenue for state aid 19.13 to amortize the unfunded liability of 19.14 local police and salaried firefighters' 19.15 relief associations, under Minnesota 19.16 Statutes, section 423A.02. 19.17 $1,000,000 the first year and 19.18 $1,000,000 the second year are to the 19.19 commissioner of revenue for 19.20 supplemental state aid to amortize the 19.21 unfunded liability of local police and 19.22 salaried firefighters' relief 19.23 associations under Minnesota Statutes, 19.24 section 423A.02, subdivision 1a. 19.25 $370,000 the first year and $378,000 19.26 the second year are to the commissioner 19.27 of revenue to pay reimbursements to 19.28 relief associations for firefighter 19.29 supplemental benefits paid under 19.30 Minnesota Statutes, section 424A.10. 19.31 Sec. 33. BOARD OF GOVERNMENT 19.32 INNOVATION AND COOPERATION 149,000 -0- 19.33 Sec. 34. COMPENSATION COUNCIL 19.34 The recommendations of the 1999 19.35 compensation council must not take 19.36 effect unless approved by another law. 19.37 Sec. 35. [STATEWIDE SYSTEMS ACCOUNT.] 19.38 Subdivision 1. [CONTINUATION.] The statewide systems 19.39 account is a separate account in the general fund. All money 19.40 resulting from billings for statewide systems services must be 19.41 deposited in the account. For the purposes of this section, 19.42 statewide systems includes the state accounting system, payroll 19.43 system, human resources system, procurement system, and related 19.44 information access systems. 19.45 Subd. 2. [BILLING PROCEDURES.] The commissioner of finance 19.46 may bill up to $3,867,000 in fiscal year 2000 and $3,867,000 in 19.47 fiscal year 2001 for statewide systems services provided to 19.48 state agencies, judicial branch agencies, the University of 19.49 Minnesota, the Minnesota state colleges and universities, and 19.50 other entities. Billing must be based only on usage of services 20.1 relating to statewide systems provided by the intertechnologies 20.2 division. Each agency shall transfer from agency operating 20.3 appropriations to the statewide systems account the amount 20.4 billed by the commissioner. Billing policies and procedures 20.5 related to statewide systems services must be developed by the 20.6 commissioner of finance in consultation with the commissioners 20.7 of employee relations and administration, the University of 20.8 Minnesota, and the Minnesota state colleges and universities. 20.9 Subd. 3. [APPROPRIATION.] Money transferred into the 20.10 account is appropriated to the commissioner of finance to pay 20.11 for statewide systems services during fiscal years 2000 and 2001. 20.12 ARTICLE 2 20.13 STATE GOVERNMENT OPERATIONS 20.14 Section 1. Minnesota Statutes 1998, section 3.099, 20.15 subdivision 3, is amended to read: 20.16 Subd. 3. [LEADERS.]The senate committee on rules and20.17administration for the senate and the house committee on rules20.18and legislative administration for the house may each designate20.19for their respective body up to three leadership positions to20.20receive up to 140 percent of the compensation of other members.20.21 At the commencement of each biennial legislative session, 20.22 each house of the legislature shall adopt a resolution 20.23 designating its majority and minority leader. 20.24 The majority leader is the person elected by the caucus of 20.25 members in each house which is its largest political 20.26 affiliation. The minority leader is the person elected by the 20.27 caucus which is its second largest political affiliation. 20.28 Sec. 2. Minnesota Statutes 1998, section 3.3005, is 20.29 amended by adding a subdivision to read: 20.30 Subd. 3a. [CHANGE IN PURPOSE.] If a request to spend 20.31 federal money is included in a governor's budget request and 20.32 approved according to subdivision 2a, but the purpose for which 20.33 the money is to be used changes from the time of the request and 20.34 approval, the amount may be allotted for expenditure after a 20.35 revised request is submitted according to subdivision 2 or the 20.36 requirements of subdivision 5 are met. 21.1 Sec. 3. [3.226] [ACCOUNTING.] 21.2 The house of representatives, the senate, and joint 21.3 legislative commissions and offices must use the state 21.4 accounting system developed by the commissioner of finance under 21.5 section 16A.15, subdivision 2, to account for each item of 21.6 expenditure and for all revenues received. 21.7 Sec. 4. Minnesota Statutes 1998, section 3.305, is amended 21.8 by adding a subdivision to read: 21.9 Subd. 9. [PUBLIC INFORMATION.] The legislative 21.10 coordinating commission shall establish an office to provide 21.11 information to the public about the legislature, including 21.12 legislative process and legislative proceedings, and to perform 21.13 related duties as assigned by the commission. 21.14 Sec. 5. Minnesota Statutes 1998, section 3.305, is amended 21.15 by adding a subdivision to read: 21.16 Subd. 10. [TELEVISION.] The legislative coordinating 21.17 commission shall establish an office to provide for television 21.18 production and transmission of legislative proceedings, and to 21.19 perform related duties as assigned by the commission. 21.20 Sec. 6. Minnesota Statutes 1998, section 3.305, is amended 21.21 by adding a subdivision to read: 21.22 Subd. 11. [ADMINISTRATIVE SERVICES.] The legislative 21.23 coordinating commission shall provide administrative services to 21.24 the entire legislative branch. These services include, but are 21.25 not limited to, payroll, purchasing, information systems, and 21.26 human resources. 21.27 Sec. 7. [3.3057] [INTERPRETER SERVICES.] 21.28 A state agency must pay for sign language interpreter 21.29 services provided on behalf of its employees at legislative 21.30 meetings. 21.31 Sec. 8. Minnesota Statutes 1998, section 3.85, subdivision 21.32 3, is amended to read: 21.33 Subd. 3. [MEMBERSHIP.] The commission consists ofsix21.34 seven members of the senate appointed by the subcommittee on 21.35 committees of the committee on rules and administration andsix21.36 seven members of the house of representatives appointed by the 22.1 speaker. Members shall be appointed at the commencement of each 22.2 regular session of the legislature for a two-year term beginning 22.3 January 16 of the first year of the regular session. Members 22.4 who are still legislators continue to serve at the end of the 22.5 two-year term until successors are appointed. Vacancies that 22.6 occur while the legislature is in session shall be filled like 22.7 regular appointments. If the legislature is not in session, 22.8 senate vacancies shall be filled by the last subcommittee on 22.9 committees of the senate committee on rules and administration 22.10 or other appointing authority designated by the senate rules, 22.11 and house vacancies shall be filled by the last speaker of the 22.12 house, or if the speaker is not available, by the last chair of 22.13 the house rules committee. 22.14 Sec. 9. [4A.11] [MANAGEMENT ANALYSIS.] 22.15 Subdivision 1. [DIRECTOR'S INITIATIVE.] At the director's 22.16 initiative, the office may study the organization, 22.17 administration, and management of state agencies and the 22.18 Minnesota state colleges and universities. 22.19 Subd. 2. [AGENCY REQUEST.] At the request of a state 22.20 agency, the Minnesota state colleges and universities, or a unit 22.21 of local or regional government, the director may provide 22.22 analytical or organizational development services to the 22.23 entity. The director must bill the entity for the cost of these 22.24 services. Funds received through these billings are 22.25 appropriated to the director for purposes of this subdivision. 22.26 Sec. 10. Minnesota Statutes 1998, section 8.15, 22.27 subdivision 1, is amended to read: 22.28 Subdivision 1. [FEE SCHEDULES.] The attorney general in 22.29 consultation with the commissioner of finance shall develop a 22.30 fee schedule to be used by the attorney general in developing 22.31 the agreements authorized in subdivision 3. The attorney 22.32 general must submit its billing rate for the next biennium to 22.33 the commissioner of finance by August 1 of each even-numbered 22.34 year. 22.35 The attorney general may not assess a county any fee for 22.36 legal services rendered in connection with a commitment 23.1 proceeding under section 253B.185 for which the attorney general 23.2 assumes responsibility under section 8.01. 23.3 Sec. 11. Minnesota Statutes 1998, section 8.15, 23.4 subdivision 2, is amended to read: 23.5 Subd. 2. [BIENNIAL BUDGET REQUEST.] (a) The attorney 23.6 general in consultation with the commissioner of finance shall 23.7 designate which agencies will have their legal service requests 23.8 included in the budget request of the attorney general. 23.9 (b) All other agencies, in consultation with the attorney 23.10 general and the commissioner of finance, shall include a request 23.11 for legal services in their biennial budget requests. 23.12 (c) The budget request of the attorney general shall 23.13 include a consolidated listing that shows on one page all the 23.14 appropriations that will be used to support the office of the 23.15 attorney general and the finance division from which they will 23.16 be requested. 23.17 Sec. 12. Minnesota Statutes 1998, section 8.15, 23.18 subdivision 3, is amended to read: 23.19 Subd. 3. [AGREEMENTS.] (a) To facilitate the delivery of 23.20 legal services, the attorney general may: 23.21 (1) enter into agreements with executive branch agencies, 23.22 political subdivisions, or quasi-state agencies to provide legal 23.23 services for the benefit of the citizens of Minnesota; and 23.24 (2) in addition to funds otherwise appropriated by the 23.25 legislature, accept and spend funds received under any agreement 23.26 authorized in clause (1) for the purpose set forth in clause 23.27 (1), subject to a report of receipts to the chairs of the senate 23.28 finance committee and the house ways and means committee by 23.29 October 15 each year. 23.30 (b) Funds received under this subdivision must be deposited 23.31 in the general fund and are appropriated to the attorney general 23.32 for the purposes set forth in this subdivision. 23.33 (c) When entering into an agreement for legal services, the 23.34 attorney general must notify the committees responsible for 23.35 funding the office of the attorney general. When the attorney 23.36 general enters into an agreement with a state agency, the 24.1 attorney general must also notify the committees responsible for 24.2 funding that agency. 24.3 Sec. 13. Minnesota Statutes 1998, section 13.03, 24.4 subdivision 2, is amended to read: 24.5 Subd. 2. [PROCEDURES.] (a) The responsible authority in 24.6 every state agency, political subdivision, and statewide system 24.7 shall establish procedures, consistent with this chapter, to 24.8 insure that requests for government data are received and 24.9 complied with in an appropriate and prompt manner. 24.10 (b) The responsible authority shall prepare public access 24.11 procedures in written form and update them no later than August 24.12 1 of each year as necessary to reflect any changes in personnel 24.13 or circumstances that might affect public access to government 24.14 data. The responsible authority shall make copies of the 24.15 written public access procedures easily available to the public 24.16 by distributing free copies of the procedures to the public or 24.17 by posting a copy of the procedures in a conspicuous place 24.18 within the government entity that is easily accessible to the 24.19 public. 24.20 (c) Full convenience and comprehensive accessibility shall 24.21 be allowed to researchers including historians, genealogists and 24.22 other scholars to carry out extensive research and complete 24.23 copying of all records containing government data except as 24.24 otherwise expressly provided by law. 24.25 A responsible authority may designate one or more designees. 24.26 Sec. 14. Minnesota Statutes 1998, section 13.05, is 24.27 amended by adding a subdivision to read: 24.28 Subd. 11. [CONTRACT TERMS.] (a) If a government entity 24.29 enters into a contract with a private person to perform any of 24.30 its functions, the government entity shall include in the 24.31 contract contractual terms that make it clear that all of the 24.32 data created, collected, received, stored, used, maintained, or 24.33 disseminated by the private person in performing those functions 24.34 is subject to the requirements of this chapter and that the 24.35 private person must comply with those requirements as if it were 24.36 a government entity. 25.1 (b) This subdivision does not create a duty on the part of 25.2 the private person to provide access to public data to the 25.3 public if the public data are available from the government 25.4 entity, except as required by the terms of the contract. 25.5 Sec. 15. Minnesota Statutes 1998, section 13.073, is 25.6 amended by adding a subdivision to read: 25.7 Subd. 6. [PREPARATION OF MODEL POLICIES AND 25.8 PROCEDURES.] The commissioner shall, in consultation with 25.9 affected government entities, prepare model policies and 25.10 procedures to assist government entities in complying with the 25.11 requirements of this chapter that relate to public access to 25.12 government data and rights of subjects of data. The 25.13 commissioner shall provide assistance and guidance to government 25.14 entities to enable them to protect the integrity of government 25.15 data in electronic form from alteration, destruction, or 25.16 unauthorized access to nonpublic government data. Upon 25.17 completion of a model for a governmental level, the commissioner 25.18 shall offer that model for formal adoption by that level of 25.19 government. Government entities may adopt or reject the model 25.20 offered by the commissioner. A government entity that adopts 25.21 the commissioner's model shall notify the commissioner in a form 25.22 prescribed by the commissioner. A government entity that 25.23 chooses not to adopt the commissioner's model shall notify the 25.24 commissioner and provide a copy of the policies and procedures 25.25 prepared and used by that government entity. 25.26 Sec. 16. Minnesota Statutes 1998, section 15.0591, 25.27 subdivision 2, is amended to read: 25.28 Subd. 2. [BODIES AFFECTED.] A member meeting the 25.29 qualifications in subdivision 1 must be appointed to the 25.30 following boards, commissions, advisory councils, task forces, 25.31 or committees: 25.32 (1) advisory council on battered women; 25.33 (2) advisory task force on the use of state facilities; 25.34 (3) alcohol and other drug abuse advisory council; 25.35 (4) board of examiners for nursing home administrators; 25.36 (5) board on aging; 26.1 (6) chiropractic examiners board; 26.2 (7) consumer advisory council on vocational rehabilitation; 26.3 (8) council on disability; 26.4 (9) council on affairs of Chicano/Latino people; 26.5 (10) council on Black Minnesotans; 26.6 (11) dentistry board; 26.7 (12) department of economic security advisory council; 26.8 (13) higher education services office; 26.9 (14) housing finance agency; 26.10 (15) Indian advisory council on chemical dependency; 26.11 (16) medical practice board; 26.12 (17) medical policy directional task force on mental 26.13 health; 26.14 (18) Minnesota employment and economic development task 26.15 force; 26.16 (19)Minnesota office of citizenship and volunteer services26.17advisory committee;26.18(20)Minnesota state arts board; 26.19(21)(20) nursing board; 26.20(22)(21) optometry board; 26.21(23)(22) pharmacy board; 26.22(24)(23) physical therapists council; 26.23(25)(24) podiatry board; 26.24(26)(25) psychology board; 26.25(27)(26) veterans advisory committee. 26.26 Sec. 17. Minnesota Statutes 1998, section 15.50, 26.27 subdivision 2, is amended to read: 26.28 Subd. 2. [CAPITOL AREA PLAN.] (a) The board shall prepare, 26.29 prescribe, and from time to time, after a public hearing, amend 26.30 a comprehensive use plan for the capitol area, called the area 26.31 in this subdivision, which consists of that portion of the city 26.32 of Saint Paul comprehended within the following boundaries: 26.33 Beginning at the point of intersection of the center line of the 26.34 Arch-Pennsylvania freeway and the center line of Marion Street, 26.35 thence southerly along the center line of Marion Street extended 26.36 to a point 50 feet south of the south line of Concordia Avenue, 27.1 thence southeasterly along a line extending 50 feet from the 27.2 south line of Concordia Avenue to a point 125 feet from the west 27.3 line of John Ireland Boulevard, thence southwesterly along a 27.4 line extending 125 feet from the west line of John Ireland 27.5 Boulevard to the south line of Dayton Avenue, thence 27.6 northeasterly from the south line of Dayton Avenue to the west 27.7 line of John Ireland Boulevard, thence northeasterly to the 27.8 center line of the intersection of Old Kellogg Boulevard and 27.9 Summit Avenue, thence northeasterly along the center line of 27.10 Summit Avenue to thecenter line of the new West Kellogg27.11Boulevard, thence southerly along the east line of the new West27.12Kellogg Boulevard, to the center line of West Seventh Street,27.13thence northeasterly along the center line of West Seventh27.14Street to the center line of the Fifth Street ramp, thence27.15northwesterly along the center line of the Fifth Street ramp to27.16thesouth line of the right-of-way of the Fifth Street ramp, 27.17 thence southeasterly along the right-of-way of the Fifth Street 27.18 ramp to the east line of the right-of-way of Interstate Highway 27.19 35-E, thence northeasterly along the east line of the 27.20 right-of-way of Interstate Highway 35-E to the south line of the 27.21 right-of-way of Interstate Highway 94, thence easterly along the 27.22 south line of the right-of-way of Interstate Highway 94 to the 27.23 west line of St. Peter Street, thence southerly to the south 27.24 line of Exchange Street, thence easterly along the south line of 27.25 Exchange Street to the west line of Cedar Street, thence 27.26 northerly along the west line of Cedar Street to the center line 27.27 of Tenth Street, thence northeasterly along the center line of 27.28 Tenth Street to the center line of Minnesota Street, thence 27.29 northwesterly along the center line of Minnesota Street to the 27.30 center line of Eleventh Street, thence northeasterly along the 27.31 center line of Eleventh Street to the center line of Jackson 27.32 Street, thence northwesterly along the center line of Jackson 27.33 Street to the center line of the Arch-Pennsylvania freeway 27.34 extended, thence westerly along the center line of the 27.35 Arch-Pennsylvania freeway extended and Marion Street to the 27.36 point of origin. If construction of the labor interpretive 28.1 center does not commence prior to December 31, 2000, at the site 28.2 recommended by the board, the boundaries of the capitol area 28.3 revert to their configuration as of 1992. 28.4 Under the comprehensive plan, or a portion of it, the board 28.5 may regulate, by means of zoning rules adopted under the 28.6 Administrative Procedure Act, the kind, character, height, and 28.7 location, of buildings and other structures constructed or used, 28.8 the size of yards and open spaces, the percentage of lots that 28.9 may be occupied, and the uses of land, buildings and other 28.10 structures, within the area. To protect and enhance the 28.11 dignity, beauty, and architectural integrity of the capitol 28.12 area, the board is further empowered to include in its zoning 28.13 rules design review procedures and standards with respect to any 28.14 proposed construction activities in the capitol area 28.15 significantly affecting the dignity, beauty, and architectural 28.16 integrity of the area. No person may undertake these 28.17 construction activities as defined in the board's rules in the 28.18 capitol area without first submitting construction plans to the 28.19 board, obtaining a zoning permit from the board, and receiving a 28.20 written certification from the board specifying that the person 28.21 has complied with all design review procedures and standards. 28.22 Violation of the zoning rules is a misdemeanor. The board may, 28.23 at its option, proceed to abate any violation by injunction. 28.24 The board and the city of Saint Paul shall cooperate in assuring 28.25 that the area adjacent to the capitol area is developed in a 28.26 manner that is in keeping with the purpose of the board and the 28.27 provisions of the comprehensive plan. 28.28 (b) The commissioner of administration shall act as a 28.29 consultant to the board with regard to the physical structural 28.30 needs of the state. The commissioner shall make studies and 28.31 report the results to the board when it requests reports for its 28.32 planning purpose. 28.33 (c) No public building, street, parking lot, or monument, 28.34 or other construction may be built or altered on any public 28.35 lands within the area unless the plans for the project conform 28.36 to the comprehensive use plan as specified in paragraph (d) and 29.1 to the requirement for competitive plans as specified in 29.2 paragraph (e). No alteration substantially changing the 29.3 external appearance of any existing public building approved in 29.4 the comprehensive plan or the exterior or interior design of any 29.5 proposed new public building the plans for which were secured by 29.6 competition under paragraph (e) may be made without the prior 29.7 consent of the board. The commissioner of administration shall 29.8 consult with the board regarding internal changes having the 29.9 effect of substantially altering the architecture of the 29.10 interior of any proposed building. 29.11 (d) The comprehensive plan must show the existing land uses 29.12 and recommend future uses including: areas for public taking 29.13 and use; zoning for private land and criteria for development of 29.14 public land, including building areas, open spaces, monuments, 29.15 and other memorials; vehicular and pedestrian circulation; 29.16 utilities systems; vehicular storage; elements of landscape 29.17 architecture. No substantial alteration or improvement may be 29.18 made to public lands or buildings in the area without the 29.19 written approval of the board. 29.20 (e) The board shall secure by competitions plans for any 29.21 new public building. Plans for any comprehensive plan, 29.22 landscaping scheme, street plan, or property acquisition that 29.23 may be proposed, or for any proposed alteration of any existing 29.24 public building, landscaping scheme or street plan may be 29.25 secured by a similar competition. A competition must be 29.26 conducted under rules prescribed by the board and may be of any 29.27 type which meets the competition standards of the American 29.28 Institute of Architects. Designs selected become the property 29.29 of the state of Minnesota, and the board may award one or more 29.30 premiums in each competition and may pay the costs and fees that 29.31 may be required for its conduct. At the option of the board, 29.32 plans for projects estimated to cost less than $1,000,000 may be 29.33 approved without competition provided the plans have been 29.34 considered by the advisory committee described in paragraph 29.35 (h). Plans for projects estimated to cost less than $400,000 29.36 and for construction of streets need not be considered by the 30.1 advisory committee if in conformity with the comprehensive plan. 30.2 (f) Notwithstanding paragraph (e), an architectural 30.3 competition is not required for the design of any light rail 30.4 transit station and alignment within the capitol area. The 30.5 board and its advisory committee shall select a preliminary 30.6 design for any transit station in the capitol area. Each stage 30.7 of any station's design through working drawings must be 30.8 reviewed by the board's advisory committee and approved by the 30.9 board to ensure that the station's design is compatible with the 30.10 comprehensive plan for the capitol area and the board's design 30.11 criteria. The guideway and track design of any light rail 30.12 transit alignment within the capitol area must also be reviewed 30.13 by the board's advisory committee and approved by the board. 30.14 (g) Of the amount available for the light rail transit 30.15 design, adequate funds must be available to the board for design 30.16 framework studies and review of preliminary plans for light rail 30.17 transit alignment and stations in the capitol area. 30.18 (h) The board may not adopt any plan under paragraph (e) 30.19 unless it first receives the comments and criticism of an 30.20 advisory committee of three persons, each of whom is either an 30.21 architect or a planner, who have been selected and appointed as 30.22 follows: one by the board of the arts, one by the board, and 30.23 one by the Minnesota Society of the American Institute of 30.24 Architects. Members of the committee may not be contestants 30.25 under paragraph (e). The comments and criticism must be a 30.26 matter of public information. The committee shall advise the 30.27 board on all architectural and planning matters. For that 30.28 purpose, the committee must be kept currently informed 30.29 concerning, and have access to, all data, including all plans, 30.30 studies, reports and proposals, relating to the area as the data 30.31 are developed or in the process of preparation, whether by the 30.32 commissioner of administration, the commissioner of trade and 30.33 economic development, the metropolitan council, the city of 30.34 Saint Paul, or by any architect, planner, agency or 30.35 organization, public or private, retained by the board or not 30.36 retained and engaged in any work or planning relating to the 31.1 area, and a copy of any data prepared by any public employee or 31.2 agency must be filed with the board promptly upon completion. 31.3 The board may employ stenographic or technical help that 31.4 may be reasonable to assist the committee to perform its duties. 31.5 When so directed by the board, the committee may serve as, 31.6 and any member or members of the committee may serve on, the 31.7 jury or as professional advisor for any architectural 31.8 competition, and the board shall select the architectural 31.9 advisor and jurors for any competition with the advice of the 31.10 committee. 31.11 The city of Saint Paul shall advise the board. 31.12 (i) The comprehensive plan for the area must be developed 31.13 and maintained in close cooperation with the commissioner of 31.14 trade and economic development, the planning department and the 31.15 council for the city of Saint Paul, and the board of the arts, 31.16 and no plan or amendment of a plan may be effective without 90 31.17 days' notice to the planning department of the city of Saint 31.18 Paul and the board of the arts and without a public hearing with 31.19 opportunity for public testimony. 31.20 (j) The board and the commissioner of administration, 31.21 jointly, shall prepare, prescribe, and from time to time revise 31.22 standards and policies governing the repair, alteration, 31.23 furnishing, appearance, and cleanliness of the public and 31.24 ceremonial areas of the state capitol building. The board shall 31.25 consult with and receive advice from the director of the 31.26 Minnesota state historical society regarding the historic 31.27 fidelity of plans for the capitol building. The standards and 31.28 policies developed under this paragraph are binding upon the 31.29 commissioner of administration. The provisions of chapter 14, 31.30 including section 14.386, do not apply to this paragraph. 31.31 (k) The board in consultation with the commissioner of 31.32 administration shall prepare and submit to the legislature and 31.33 the governor no later than October 1 of each even-numbered year 31.34 a report on the status of implementation of the comprehensive 31.35 plan together with a program for capital improvements and site 31.36 development, and the commissioner of administration shall 32.1 provide the necessary cost estimates for the program. The board 32.2 shall report any changes to the comprehensive plan adopted by 32.3 the board to the committee on governmental operations and 32.4 gambling of the house of representatives and the committee on 32.5 governmental operations and reform of the senate and upon 32.6 request shall provide testimony concerning the changes. The 32.7 board shall also provide testimony to the legislature on 32.8 proposals for memorials in the capitol area as to their 32.9 compatibility with the standards, policies, and objectives of 32.10 the comprehensive plan. 32.11 (l) The state shall, by the attorney general upon the 32.12 recommendation of the board and within appropriations available 32.13 for that purpose, acquire by gift, purchase, or eminent domain 32.14 proceedings any real property situated in the area described in 32.15 this section, and it may also acquire an interest less than a 32.16 fee simple interest in the property, if it finds that the 32.17 property is needed for future expansion or beautification of the 32.18 area. 32.19 (m) The board is the successor of the state veterans 32.20 service building commission, and as such may adopt rules and may 32.21 reenact the rules adopted by its predecessor under Laws 1945, 32.22 chapter 315, and amendments to it. 32.23 (n) The board shall meet at the call of the chair and at 32.24 such other times as it may prescribe. 32.25 (o) The commissioner of administration shall assign 32.26 quarters in the state veterans service building to (1) the 32.27 department of veterans affairs, of which a part that the 32.28 commissioner of administration and commissioner of veterans 32.29 affairs may mutually determine must be on the first floor above 32.30 the ground, and (2) the American Legion, Veterans of Foreign 32.31 Wars, Disabled American Veterans, Military Order of the Purple 32.32 Heart, United Spanish War Veterans, and Veterans of World War I, 32.33 and their auxiliaries, incorporated, or when incorporated, under 32.34 the laws of the state, and (3) as space becomes available, to 32.35 other state departments and agencies as the commissioner may 32.36 deem desirable. 33.1 Sec. 18. Minnesota Statutes 1998, section 16A.102, 33.2 subdivision 1, is amended to read: 33.3 Subdivision 1. [GOVERNOR'S RECOMMENDATION.]By the fourth33.4Monday in January of each odd-numbered year,At the same time as 33.5 the detailed operating budget specified in section 16A.11, 33.6 subdivision 1, must be submitted to the legislature, the 33.7 governor shall also submit to the legislature a recommended 33.8 revenue target for the next two bienniums. The recommended 33.9 revenue target must specify: 33.10 (1) the maximum share of Minnesota personal income to be 33.11 collected in taxes and other revenues to pay for state and local 33.12 government services; 33.13 (2) the division of the share between state and local 33.14 government revenues; and 33.15 (3) the mix and rates of income, sales, and other state and 33.16 local taxes including property taxes and other revenues. 33.17 The recommendations must be based on the November forecast 33.18 prepared under section 16A.103. 33.19 Sec. 19. Minnesota Statutes 1998, section 16A.103, 33.20 subdivision 1, is amended to read: 33.21 Subdivision 1. [STATE REVENUE AND EXPENDITURES.] In 33.22 February and November each year, the commissioner shall prepare 33.23 a forecast of state revenue and expenditures. The November 33.24 forecast must be delivered to the legislature and governor no 33.25 later than the end of the first week of December. The February 33.26 forecast must be delivered to the legislature and governor by 33.27 the end of February. Forecasts must be delivered to the 33.28 legislature and governor on the same day. The forecast must 33.29 assume the continuation of current laws and reasonable estimates 33.30 of projected growth in the national and state economies and 33.31 affected populations. Revenue must be estimated for all sources 33.32 provided for in current law. Expenditures must be estimated for 33.33 all obligations imposed by law and those projected to occur as a 33.34 result of inflation and variables outside the control of the 33.35 legislature. In determining the rate of inflation, the 33.36 application of inflation, the amount of state bonding as it 34.1 affects debt service, and the other variables to be included in 34.2 the expenditure part of the forecast, the commissioner must 34.3 consult with the chair of the senate state government finance 34.4 committee, the chair of the house committee on ways and means, 34.5 and house and senate fiscal staff. In addition, the 34.6 commissioner shall forecast Minnesota personal income for each 34.7 of the years covered by the forecast and include these estimates 34.8 in the forecast documents. A forecast prepared during the first 34.9 fiscal year of a biennium must cover that biennium and the next 34.10 biennium. A forecast prepared during the second fiscal year of 34.11 a biennium must cover that biennium and the next two bienniums. 34.12 Sec. 20. Minnesota Statutes 1998, section 16A.11, is 34.13 amended by adding a subdivision to read: 34.14 Subd. 7. [FEES.] The detailed operating budget for each 34.15 executive branch agency must include proposals for any new fees 34.16 or any increases in existing fees. For purposes of this 34.17 section, "fees" has the meaning given in section 16A.1283, but 34.18 excludes charges listed in paragraph (b) of that section. 34.19 Sec. 21. [16A.1283] [LEGISLATIVE APPROVAL REQUIRED.] 34.20 (a) Notwithstanding any law to the contrary, an executive 34.21 branch state agency may not impose a new fee or increase an 34.22 existing fee unless the new fee or increase is approved by law. 34.23 For purposes of this section, a fee is any charge for goods, 34.24 services, regulation, or licensure, and, notwithstanding 34.25 paragraph (b), clause (3), includes charges for admission to or 34.26 for use of public facilities owned by the state. 34.27 (b) This section does not apply to: 34.28 (1) charges billed within or between state agencies, or 34.29 billed to federal agencies; 34.30 (2) the Minnesota state colleges and universities system; 34.31 (3) charges for goods and services provided for the direct 34.32 and primary use of a private individual, business, or other 34.33 entity. 34.34 (c) An executive branch agency may reduce a fee that was 34.35 set by rule before the effective date of this section without 34.36 legislative approval. Chapter 14 does not apply to fee 35.1 reductions under this paragraph. 35.2 (d) The total amount of money raised in a biennium by an 35.3 executive branch agency by the imposition of a fee that was set 35.4 by rule before the effective date of this section may not exceed 35.5 the total amount of money raised by imposition of that fee 35.6 during the 2000-2001 biennium. 35.7 Sec. 22. Minnesota Statutes 1998, section 16A.45, 35.8 subdivision 1, is amended to read: 35.9 Subdivision 1. [CANCEL; CREDIT.] Once each fiscal year the 35.10 commissioner and the treasurer shall cancel upon their books all 35.11 outstanding unpaid commissioner's warrants, except warrants35.12issued for federal assistance programs,that have been issued 35.13 and deliveredfor more than six months prior to that date and35.14credit to the general fund the respective amounts of the35.15canceled warrantson or before June 30 of the preceding year and 35.16 credit state amounts subject to the provisions of section 345.43 35.17 and federal amounts to the appropriate account in the federal 35.18 fund. These warrants are presumed abandoned under section 35.19 345.38 and are subject to the provisions of sections 345.31 to 35.20 345.60.The commissioner and the treasurer shall cancel upon35.21their books all outstanding unpaid commissioner's warrants35.22issued for federal assistance programs that have been issued and35.23delivered for more than the period of time set pursuant to the35.24federal program and credit to the general fund and the35.25appropriate account in the federal fund, the amount of the35.26canceled warrants.35.27 Sec. 23. [16A.86] [CAPITAL PROJECT GRANTS TO POLITICAL 35.28 SUBDIVISIONS.] 35.29 Subdivision 1. [PROJECTS COVERED.] The capital improvement 35.30 projects covered by this section are only those not covered by 35.31 another state program of assistance to political subdivisions. 35.32 Subd. 2. [BUDGET REQUEST.] A political subdivision that 35.33 requests an appropriation of state general funds or state 35.34 general obligation bond proceeds for a local capital improvement 35.35 project is encouraged to submit the request to the commissioner 35.36 of finance by June 1 of an odd-numbered year to ensure its full 36.1 consideration. The request must be submitted in the form and 36.2 with the supporting documentation required by the commissioner 36.3 of finance. All requests timely received by the commissioner 36.4 must be forwarded to the legislature, along with agency 36.5 requests, by the deadline established in section 16A.11, 36.6 subdivision 1. 36.7 Subd. 3. [EVALUATION.] (a) The commissioner shall evaluate 36.8 all requests from political subdivisions for state assistance 36.9 based on the following criteria: 36.10 (1) the political subdivision has provided for local, 36.11 private, and user financing for the project to the maximum 36.12 extent possible; 36.13 (2) the project helps fulfill an important state mission; 36.14 (3) the project is of regional or statewide significance; 36.15 (4) the project will not require new or any additional 36.16 state operating subsidies; 36.17 (5) the project will not expand the state's role in a new 36.18 policy area; 36.19 (6) state funding for the project will not create 36.20 significant inequities among local jurisdictions; 36.21 (7) the political subdivision has presented a credible plan 36.22 for how ongoing maintenance of the project will be funded over 36.23 its estimated life; 36.24 (8) the project will not compete with other facilities in 36.25 such a manner that they lose a significant number of users to 36.26 the new project; and 36.27 (9) the governing bodies of those political subdivisions 36.28 primarily benefiting from the project have passed resolutions in 36.29 support of the project. 36.30 (b) The commissioner's evaluation of each request, 36.31 including whether it meets each of the criteria in paragraph 36.32 (a), must be submitted to the legislature along with the 36.33 governor's recommendations under section 16A.11, subdivision 1, 36.34 whether or not the governor recommends that the request be 36.35 funded. 36.36 Subd. 4. [FUNDING.] (a) If a project covered by this 37.1 section is funded, the amount of funding must be no more than 37.2 half the total cost of the project, including predesign, design, 37.3 construction, furnishings, and equipment. 37.4 (b) Notwithstanding paragraph (a), greater than 50 percent 37.5 funding of projects that are deemed needed as a result of a 37.6 disaster or to prevent a disaster, or that meet the criteria in 37.7 subdivision 3, paragraph (a), but are located in political 37.8 subdivisions with very low average net tax capacities is 37.9 permitted. 37.10 (c) Nothing in this section shall prevent the governor from 37.11 recommending, or the legislature from funding, projects which do 37.12 not meet the criteria in subdivision 3 or 4 when the governor or 37.13 the legislature determines that there is a compelling reason for 37.14 the recommendation or funding. 37.15 Sec. 24. Minnesota Statutes 1998, section 16B.31, 37.16 subdivision 2, is amended to read: 37.17 Subd. 2. [APPROPRIATIONS.] Plans must be paid for out of 37.18 money appropriated for the purpose of improving or constructing 37.19 the building. No part of the balance may be expended until the 37.20 commissioner has secured suitable plans and specifications, 37.21 prepared by a competent architect or engineer, and accompanied 37.22 by a detailed statement of the cost, quality, and description of 37.23 all material and labor required for the completion of the work. 37.24 No plan may be adopted, and no improvement made or building 37.25 constructed by the commissioner or any other agency to whom an 37.26 appropriation is made for a capital improvement, that 37.27 contemplates the expenditure for its completion of more money 37.28 than the appropriation for it, unless otherwise provided in this 37.29 section or the act making the appropriation. The commissioner 37.30 may not direct or permit any expenditure beyond that 37.31 appropriated, and any agent of the commissioner violating this 37.32 provision is guilty of a gross misdemeanor. 37.33 Sec. 25. Minnesota Statutes 1998, section 16B.415, is 37.34 amended to read: 37.35 16B.415 [OPERATION OF INFORMATION SYSTEMS.] 37.36 The commissioner, through a division of technology 38.1 management, is responsible for ongoing operations of state 38.2 agency information technology activities. These include records 38.3 management, activities relating to the Government Data Practices 38.4 Act,operation ofadministering the state information 38.5 infrastructure, and activities necessary to make state 38.6 information systems year 2000 compliant. 38.7 Sec. 26. Minnesota Statutes 1998, section 16B.46, is 38.8 amended to read: 38.9 16B.46 [TELECOMMUNICATION; POWERS.] 38.10 The commissioner shall supervise and control the leasing of 38.11 all state telecommunicationfacilitiesservices including any 38.12 transmission, emission, or reception of signs, signals, writing, 38.13 images, and sounds or intelligence of any nature by wire, radio, 38.14 optical, or other electromagnetic systems. Nothing in this 38.15 section or section 16B.465 modifies, amends, or abridges any 38.16 powers and duties presently vested in or imposed upon the 38.17 commissioner of transportation or the commissioner of public 38.18 safety relating to telecommunications facilities or the 38.19 commissioner of transportation relating only to radio air 38.20 navigation facilities or other air navigation facilities. 38.21 Sec. 27. Minnesota Statutes 1998, section 16B.465, is 38.22 amended to read: 38.23 16B.465 [STATE INFORMATION INFRASTRUCTURE.] 38.24 Subdivision 1. [PURPOSE.] (a) The state of Minnesota and 38.25 its departments and agencies are urged to seek ways to encourage 38.26 the growth of the private sector in the area of 38.27 telecommunications and not pursue policies that restrict market 38.28 opportunities for the private sector. The state may provide 38.29 only those telecommunication services that are not available 38.30 through the private sector. 38.31 (b) This section does not preclude the state from 38.32 purchasing, owning, or leasing customer premises equipment. 38.33 Customer premises equipment consists of terminal and associated 38.34 equipment and inside wire located at an end user's premises and 38.35 connected with communication channels at the point established 38.36 in a building or a complex to separate customer equipment from 39.1 the network. Customer premises equipment also includes, but is 39.2 not limited to communications devices eligible for distribution 39.3 to communication impaired persons under section 237.51, 39.4 subdivision 1. 39.5 (c) This section does not prohibit the state from operating 39.6 and staffing a network operations center that allows the state 39.7 to test, troubleshoot and maintain network operations. 39.8Subdivision 1Subd. 1a. [CREATION.] The state information 39.9 infrastructureprovidesshall arrange for the provision of 39.10 leased voice, data, video, and other telecommunications 39.11 transmission services to state agencies; educational 39.12 institutions, including public schools as defined in section 39.13 120A.05, subdivisions 9, 11, 13, and 17, nonpublic, church or 39.14 religious organization schools that provide instruction in 39.15 compliance with sections 120A.22, 120A.24, and 124A.41, and 39.16 private colleges; public corporations; and state political 39.17 subdivisions. It is not a telephone company for purposes of 39.18 chapter 237. The state shall not purchase, own, or lease any 39.19 telecommunication network facilities or equipment unless the 39.20 state has sought bids or proposals and has determined that the 39.21 private sector cannot provide the services as bid or proposed by 39.22 the state using the facilities or equipment in a cost-effective 39.23 manner. It shall not resell or sublease any services or 39.24 facilities to nonpublic entities except it may serve private 39.25 schools and colleges. The commissioner has the responsibility 39.26 for planning, development, and operations of the state 39.27 information infrastructure in order to provide 39.28 cost-effective leased telecommunications transmission services 39.29 to state information infrastructure users. For purposes of this 39.30 section, "state information infrastructure" means the network 39.31 facilities and telecommunications services provided by the state 39.32 or through contracts administered by the commissioner. 39.33 Subd. 3. [DUTIES.] (a) The commissioner, after 39.34 consultation with the office of technology, shall: 39.35 (1)providenegotiate, enter into, and administer contracts 39.36 for voice, data, video, and other leased telecommunications 40.1transmissionservices to the state and to political subdivisions 40.2 through an account in the intertechnologies revolving fund; 40.3 (2) manage vendor relationships, network function,and 40.4 capacity planning in order to be responsive to the needs of the 40.5 state information infrastructure users; 40.6 (3) set rates and fees for services; 40.7 (4) approve contracts for leased services relating to the 40.8 system; 40.9 (5) in consultation with the office of technology, develop 40.10the systema plan, including plansforthephasingof its40.11implementation and maintenance of the initial systemout the 40.12 provision of telecommunications services and network operations, 40.13 except as provided in paragraph (b), and for the annual program 40.14 and fiscal plans for the leased system; and 40.15 (6) in consultation with the office of technology, and the 40.16 department of children, families, and learning in regard to 40.17 schools, assist state agencies, political subdivisions of the 40.18 state, and higher education institutions, including private 40.19 colleges and public and private schools, to identify their 40.20 telecommunication needs, and developa planplans for 40.21interconnection ofthe provision of leased telecommunications 40.22 services and equipment to ensure the integration of these needs 40.23 into an interoperable statewide networkwith private colleges40.24and public and private schools in the state. 40.25 (b) The commissioner may purchase, own, operate, or lease 40.26 telecommunication network facilities or equipment if the 40.27 commissioner has sought bids or proposals and has determined 40.28 that the private sector cannot provide services that the state 40.29 intends to provide using the facilities or equipment in a 40.30 cost-effective manner. 40.31 (c) The commissioner, in consultation with the office of 40.32 technology and the department of children, families, and 40.33 learning in regard to schools, when requested, may assist state 40.34 agencies, political subdivisions of the state, and higher 40.35 education institutions, including private colleges and public 40.36 and private schools, in identifying, purchasing, or leasing 41.1 their customer premises equipment. 41.2 Subd. 4. [PROGRAM PARTICIPATION.](a)The commissioner may 41.3require the participationsecure bids or proposals for services 41.4 from private sector vendors to serve the needs of state 41.5 agencies, the state board of education,andthe board of 41.6 trustees of the Minnesota state colleges and universities, 41.7 andmay request the participation ofthe board of regents of the 41.8 University of Minnesota, in the planning and implementation of41.9the network to provide interconnective technologies. 41.10 Alternatively, those entities may seek bids or proposals for 41.11 services directly from private sector vendors with the advice of 41.12 the commissioner. The commissioner's advice is not binding on 41.13 these entities. 41.14 Subd. 4a. [RATES.] The commissioner shall establish 41.15 reimbursement rates in cooperation with the commissioner of 41.16 finance to be billed to participating agencies and educational 41.17 institutions sufficient to cover the operating, maintenance, and 41.18 administrative costs of thesystemleased services. 41.19(b) A direct appropriation made to an educational41.20institution for usage costs associated with the state41.21information infrastructure must only be used by the educational41.22institution for payment of usage costs of the network as billed41.23by the commissioner of administration.41.24 Subd. 6. [APPROPRIATION.] Money appropriated for the state 41.25 information infrastructure and fees for leased 41.26 telecommunications services must be deposited in an account in 41.27 the intertechnologies fund. Money in the account is 41.28 appropriated annually to the commissioner tooperate41.29telecommunications servicescarry out the purposes of this 41.30 section. 41.31 Subd. 7. [EXEMPTION.] The system is exempt from the 41.32 five-year limitation on contracts set by sections 16C.05, 41.33 subdivision 2, paragraph (a), clause (5), 16C.08, subdivision 3, 41.34 clause (7), and 16C.09, clause (6). 41.35 Sec. 28. Minnesota Statutes 1998, section 16B.48, 41.36 subdivision 2, is amended to read: 42.1 Subd. 2. [PURPOSE OF FUNDS.] Money in the state treasury 42.2 credited to the general services revolving fund and money that 42.3 is deposited in the fund is appropriated annually to the 42.4 commissioner for the following purposes: 42.5 (1) to operate a central store and equipment service; 42.6 (2) to operate a central duplication and printing service; 42.7 (3) to operate the central mailing service, including 42.8 purchasing postage and related items and refunding postage 42.9 deposits; 42.10 (4) to operate a documents service as prescribed by section 42.11 16B.51; 42.12 (5) to provide services for the maintenance, operation, and 42.13 upkeep of buildings and grounds managed by the commissioner of 42.14 administration; 42.15 (6) to operate a materials handling service, including 42.16 interagency mail and product delivery, solid waste removal, 42.17 courier service, equipment rental, and vehicle and equipment 42.18 maintenance; 42.19 (7)to provide analytical, statistical, and organizational42.20development services to state agencies, local units of42.21government, metropolitan and regional agencies, and school42.22districts;42.23(8)to operate a records center and provide micrographics 42.24 products and services; and 42.25(9)(8) to perform services for any other agency. Money 42.26 may be expended for this purpose only when directed by the 42.27 governor. The agency receiving the services shall reimburse the 42.28 fund for their cost, and the commissioner shall make the 42.29 appropriate transfers when requested. The term "services" as 42.30 used in this clause means compensation paid officers and 42.31 employees of the state government; supplies, materials, 42.32 equipment, and other articles and things used by or furnished to 42.33 an agency; and utility services and other services for the 42.34 maintenance, operation, and upkeep of buildings and offices of 42.35 the state government. 42.36 Sec. 29. Minnesota Statutes 1998, section 16B.58, is 43.1 amended by adding a subdivision to read: 43.2 Subd. 6a. [PARKING RESTRICTIONS.] Notwithstanding 43.3 subdivision 6: 43.4 (1) parking is prohibited on the terraces adjacent to the 43.5 carriage entrance on the south side of the capitol building; 43.6 (2) the ten parking spaces on Aurora Avenue closest to the 43.7 main entrance of the capitol building must be reserved for 43.8 parking by physically disabled persons displaying a certificate 43.9 issued under section 169.345; and 43.10 (3) the remainder of the parking spaces on Aurora Avenue 43.11 must be reserved for the general public during legislative 43.12 sessions. 43.13 Sec. 30. [16C.065] [COST-BENEFIT ANALYSIS.] 43.14 (a) The commissioner or an agency official to whom the 43.15 commissioner has delegated duties under section 16C.03, 43.16 subdivision 16, may not approve a contract or purchase of goods 43.17 or services in an amount greater than $5,000,000 unless a 43.18 cost-benefit analysis has been completed and shows a positive 43.19 benefit to the public. The management analysis division must 43.20 perform or direct the performance of the analysis. A 43.21 cost-benefit analysis must be performed for a project if an 43.22 aggregation of contracts or purchases for a project exceeds 43.23 $5,000,000. 43.24 (b) All cost-benefit analysis documents under this section, 43.25 including preliminary drafts and notes, are public data. 43.26 (c) If a cost-benefit analysis does not show a positive 43.27 benefit to the public, the governor may approve a contract or 43.28 purchase of goods or services if a cost-effectiveness study had 43.29 been done that shows the proposed project is the most effective 43.30 way to provide a necessary public good. 43.31 (d) This section applies to contracts for goods or services 43.32 that are expected to have a useful life of more than three 43.33 years. This section does not apply for purchase of goods or 43.34 services for response to a natural disaster if an emergency has 43.35 been declared by the governor. 43.36 Sec. 31. Minnesota Statutes 1998, section 16C.16, is 44.1 amended by adding a subdivision to read: 44.2 Subd. 13. [TIME LIMIT.] No business may receive a 44.3 preference under this section for more than an aggregate of five 44.4 years beginning with the first certification of eligibility 44.5 under the program. If a business changes ownership, or 44.6 otherwise changes its identity, and has received a preference 44.7 for an aggregate of five years, it may not receive a subsequent 44.8 preference if the person holding a controlling interest remains 44.9 the same. 44.10 Sec. 32. [16D.18] [AGENCY REFERRALS.] 44.11 When a debt owed to any entity of state government for 44.12 which the Minnesota collection enterprise has jurisdiction 44.13 becomes 121 days past due, the state entity must refer the 44.14 account to the commissioner of revenue for assignment to the 44.15 Minnesota collection enterprise. This requirement does not 44.16 apply if there is a dispute over the amount or validity of the 44.17 debt, if the debt is the subject of legal action or 44.18 administrative proceedings, or the agency determines that the 44.19 debtor is adhering to acceptable payment arrangements. The 44.20 commissioner of revenue, in consultation with the commissioner 44.21 of finance, may provide that certain types of debt need not be 44.22 referred to the commissioner for assignment to the collection 44.23 enterprise under this paragraph. Methods and procedures for 44.24 referral shall follow internal guidelines prepared by the 44.25 commissioner of finance. 44.26 Sec. 33. Minnesota Statutes 1998, section 43A.04, is 44.27 amended by adding a subdivision to read: 44.28 Subd. 12. [TOTAL COMPENSATION REPORTING.] (a) The 44.29 commissioner, in consultation with the commissioner of finance, 44.30 shall report to the governor and the legislature by January 15 44.31 each year on executive branch employee salary and benefits. The 44.32 purpose of the report is to assist in effective long-range 44.33 planning and to provide data necessary to compute annual and 44.34 biennial costs related to the state workforce. The report must 44.35 use data available in the biennial budget system and other 44.36 necessary sources. The report also must be made available to 45.1 the public in an electronic format. 45.2 (b) The report must be organized by agency. For each 45.3 employee during the previous fiscal year the report must: 45.4 (1) list each employee by position number, but not by name; 45.5 (2) list the total amount the state spent, by fund, for the 45.6 employee's salary and total compensation, including social 45.7 security contributions, insurance, and all other benefits and 45.8 related costs; 45.9 (3) list the employee's length of state service; and 45.10 (4) list the total estimated compensation for the 45.11 employee's career, assuming the employee works until the normal 45.12 retirement age. 45.13 Sec. 34. [43A.215] [EMPLOYEE ASSISTANCE.] 45.14 The commissioner must provide an employee assistance 45.15 program of training, diagnostic assistance, and referral 45.16 services for state employees and their dependents. 45.17 Sec. 35. Minnesota Statutes 1998, section 119A.05, 45.18 subdivision 1, is amended to read: 45.19 Subdivision 1. [AUTHORITY FOR FUNDING CONSOLIDATION.] 45.20 Notwithstanding existing law governing allocation of funds by 45.21 local grantees, mode of service delivery, grantee planning and 45.22 reporting requirements, and other procedural requirements for 45.23 the grant programs identified in this section, a local grantee 45.24 may elect to consolidate all or a portion of funding received 45.25 from the programs under subdivision 5 in a collaboration funding 45.26 plan, if all conditions specified in this section are 45.27 satisfied. County boards, school boards, or governing boards of 45.28 other grantees may elect not to consolidate funding for a 45.29 program. 45.30 For grantees electing consolidation, the commissioner may,45.31with the approval of the board of government innovation and45.32cooperation,waive all provisions of rules inconsistent with the 45.33 intent of this section. This waiver authority does not apply to 45.34 rules governing client protections, due process, or inclusion of 45.35 clients, parents, cultures, and ethnicities in decision making. 45.36 Funding to a local grantee must be determined according to the 46.1 funding formulas or allocation rules governing the individual 46.2 programs listed in section 119A.04. 46.3 Sec. 36. Minnesota Statutes 1998, section 136F.581, 46.4 subdivision 3, is amended to read: 46.5 Subd. 3. [PROCUREMENT FROM DESIGNATED BUSINESSES.] The 46.6 policies and procedures must include provisions for procurement, 46.7 including construction, from small targeted group businesses and 46.8 businesses from economically disadvantaged areas designated 46.9 under section 16C.16. The board, colleges, and universities 46.10 shall use the methods contained in section 471.345, subdivision 46.11 8, for such purchasing, or may develop additional methods in 46.12 which the cost percentage preferences are consistent with the 46.13 provision of section 16C.16, subdivisions 6, paragraph (a), and 46.14 7, or consistent with the provisions of the University of 46.15 Minnesota's targeted group business purchasing program. The 46.16 time limit for preferences is as described in section 16C.16, 46.17 subdivision 13. 46.18 Sec. 37. Minnesota Statutes 1998, section 136F.66, is 46.19 amended to read: 46.20 136F.66 [CAPITAL PROJECTS BIDDING PROCEDURES.] 46.21 In awarding contracts for capital projects under section 46.22 136F.64, the board shall consider the documentation provided by 46.23 the bidders regarding their qualifications, including evidence 46.24 of having successfully completed similar work, or delivering 46.25 services or products comparable to that being requested. The 46.26 board shall set procedures to administer this section, which 46.27 must include practices that will assist in the economic 46.28 development of small businesses, small targeted group 46.29 businesses, and businesses in economically disadvantaged areas 46.30 designated under section 16C.16. The time limit for preferences 46.31 awarded pursuant to those procedures is as described in section 46.32 16C.16, subdivision 13. 46.33 Sec. 38. Minnesota Statutes 1998, section 138.17, 46.34 subdivision 7, is amended to read: 46.35 Subd. 7. [RECORDS MANAGEMENT PROGRAM.] A records 46.36 management program for the application of efficient and 47.1 economical management methods to the creation, utilization, 47.2 maintenance, retention, preservation, and disposal of official 47.3 records shall be administered by the commissioner of 47.4 administration with assistance from the director of the 47.5 historical society. The state records center which stores and 47.6 services state records not in state archives shall be 47.7 administered by the commissioner of administration. The 47.8 commissioner of administration is empowered to (1) establish 47.9 standards, procedures, and techniques for effective management 47.10 of government records, (2) make continuing surveys of paper work 47.11 operations, and (3) recommend improvements in current records 47.12 management practices including the use of space, equipment, and 47.13 supplies employed in creating, maintaining, preserving and 47.14 disposing of government records. It shall be the duty of the 47.15 head of each state agency and the governing body of each county, 47.16 municipality, and other subdivision of government to cooperate 47.17 with the commissioner in conducting surveys and to establish and 47.18 maintain an active, continuing program for the economical and 47.19 efficient management of the records of each agency, county, 47.20 municipality, or other subdivision of government. When 47.21 requested by the commissioner, public officials shall assist in 47.22 the preparation of an inclusive inventory of records in their 47.23 custody, to which shall be attached a schedule, approved by the 47.24 head of the governmental unit or agency having custody of the 47.25 records and the commissioner, establishing a time period for the 47.26 retention or disposal of each series of records. When the 47.27 schedule is unanimously approved by the records disposition 47.28 panel, the head of the governmental unit or agency having 47.29 custody of the records may dispose of the type of records listed 47.30 in the schedule at a time and in a manner prescribed in the 47.31 schedule for particular records which were created after the 47.32 approval. A list of records disposed of pursuant to this 47.33 subdivision shall be forwarded to the commissioner and the 47.34 archivist by the head of the governmental unit or agency. The 47.35 archivist shall maintain a list of all records destroyed. 47.36 Sec. 39. Minnesota Statutes 1998, section 138.17, 48.1 subdivision 8, is amended to read: 48.2 Subd. 8. [EMERGENCY RECORDS PRESERVATION.] In light of the 48.3 danger of nuclear or natural disaster, the commissioner of 48.4 administration, with the assistance of the director of the 48.5 historical society, shall establish and maintain a program for 48.6 the selection and preservation of public records considered 48.7 essential to the operation of government and to the protection 48.8 of the rights and interests of persons, and shall make or cause 48.9 to be made preservation duplicates or designate as preservation 48.10 duplicates existing copies of such essential public records. 48.11 Preservation duplicates shall be durable, accurate, complete, 48.12 and clear, and such duplicates reproduced by photographic or 48.13 other process which accurately reproduces and forms a durable 48.14 medium for so reproducing the original shall have the same force 48.15 and effect for all purposes as the original record whether the 48.16 original record is in existence or not. A transcript, 48.17 exemplification, or certified copy of such preservation 48.18 duplicate shall be deemed for all purposes to be a transcript, 48.19 exemplification, or certified copy of the original record. Such 48.20 preservation duplicates shall be preserved in the place and 48.21 manner of safekeeping prescribed by the commissioner. 48.22 Every county, municipality, or other subdivision of 48.23 government may institute a program for the preservation of 48.24 necessary documents essential to the continuity of government. 48.25 Such a program shall first be submitted to the commissioner for 48.26 approval or disapproval and no such program shall be instituted 48.27 until such approval is obtained. 48.28 Sec. 40. Minnesota Statutes 1998, section 176.611, is 48.29 amended by adding a subdivision to read: 48.30 Subd. 3b. [APPROPRIATION; WORKERS' COMPENSATION PREMIUMS.] 48.31 The amount necessary to pay premiums for coverage by the 48.32 workers' compensation reinsurance association under section 48.33 79.34 is appropriated annually from the general fund to the 48.34 commissioner of employee relations. 48.35 Sec. 41. Minnesota Statutes 1998, section 197.79, 48.36 subdivision 10, is amended to read: 49.1 Subd. 10. [DEADLINE FOR APPLICATIONS.] The application 49.2 period for the bonus program established in this section shall 49.3 be November 1, 1997, to June 30,19992001. The department may 49.4 not receive or accept new applications after June 30,19992001. 49.5 Sec. 42. Minnesota Statutes 1998, section 202A.18, is 49.6 amended by adding a subdivision to read: 49.7 Subd. 2a. [PREFERENCE BALLOT.] Prior to the opening of 49.8 nominations for the election of permanent offices and delegates, 49.9 a ballot must be distributed to permit caucus participants to 49.10 indicate their preference for the offices of president of the 49.11 United States or governor. The results of preference voting 49.12 must be reported to the secretary of state immediately upon 49.13 conclusion of the voting, in the manner provided by the 49.14 secretary of state. The secretary of state shall provide the 49.15 appropriate forms to the party for reporting the results. 49.16 Sec. 43. Minnesota Statutes 1998, section 202A.20, 49.17 subdivision 2, is amended to read: 49.18 Subd. 2. [REPORTING CAUCUS RESULTS.] The secretary of 49.19 statemay provide a method for the timely reporting of caucus49.20results to the publicshall promptly report to the public the 49.21 results of preference balloting at the precinct caucuses. 49.22 Sec. 44. Minnesota Statutes 1998, section 256.9753, 49.23 subdivision 3, is amended to read: 49.24 Subd. 3. [EXPENDITURES.]The board shall consult with the49.25office of citizenship and volunteer services prior to expending49.26money available for the retired senior volunteer programs.49.27 Expenditures shall be made (1) to strengthen and expand existing 49.28 retired senior volunteer programs, and (2) to encourage the 49.29 development of new programs in areas in the state where these 49.30 programs do not exist. Grants shall be made consistent with 49.31 applicable federal guidelines. 49.32 Sec. 45. Minnesota Statutes 1998, section 297F.08, is 49.33 amended by adding a subdivision to read: 49.34 Subd. 8a. [REVOLVING ACCOUNT.] A heat-applied cigarette 49.35 tax stamp revolving account is created. The commissioner shall 49.36 use the amounts in this fund to purchase heat-applied stamps for 50.1 resale. The commissioner shall charge distributors for the tax 50.2 value of the stamps they receive along with the commissioner's 50.3 cost to purchase the stamps and ship them to the distributor. 50.4 The stamp purchase and shipping costs recovered must be 50.5 deposited into the revolving account and are available to the 50.6 commissioner for further purchases and shipping costs. The 50.7 revolving account is initially funded by a $40,000 transfer from 50.8 the department of revenue. 50.9 Sec. 46. Minnesota Statutes 1998, section 349.163, 50.10 subdivision 4, is amended to read: 50.11 Subd. 4. [INSPECTION OF MANUFACTURERS.] Employees of the 50.12 board and the division of alcohol and gambling enforcement may 50.13 inspect the books, records, inventory, and business premises of 50.14 a licensed manufacturer without notice during the normal 50.15 business hours of the manufacturer. The board may charge a 50.16 manufacturer for the actual cost of conducting scheduled or 50.17 unscheduled inspections of the manufacturer's facilities, where 50.18 the amount charged to the manufacturer for such inspections in 50.19 any year does not exceed $7,500. The board shall deposit in a 50.20 separate account in the state treasury all money received as 50.21 reimbursement for the costs of inspections.Until July 1, 1999,50.22 Money in the account is appropriated to the board to pay the 50.23 costs of the inspections. 50.24 Sec. 47. Minnesota Statutes 1998, section 356.219, 50.25 subdivision 7, is amended to read: 50.26 Subd. 7. [EXPENSE OF REPORT.] All expenses incurred 50.27 relating to the investment report by the state auditor described 50.28 in subdivision 6 must beborne by the office of the state50.29auditor and may not be charged back to the entities described in50.30subdivisions 1 or 4recovered by reductions to pension-related 50.31 state aids otherwise payable to local units of government or 50.32 public pension funds. The reductions to scheduled aid payments 50.33 must be on a proportional basis. Fifty percent of the 50.34 assessment must be on the basis of the proportion the number of 50.35 all funds reporting under subdivision 6, and 50 percent on the 50.36 basis of assets distributed against the market value of plan 51.1 assets at the close of the report year expressed as a percentage 51.2 of total assets for local pension funds included in the 51.3 investment report under subdivision 6. The state auditor must 51.4 annually certify to the commissioner of revenue and the 51.5 commissioner of finance the amounts of these reductions, and the 51.6 commissioners shall effect the reductions accordingly. 51.7 Sec. 48. Minnesota Statutes 1998, section 383A.322, is 51.8 amended to read: 51.9 383A.322 [SMALL BUSINESS SET-ASIDE.] 51.10 Nothing in section 471.345 shall be construed to prohibit 51.11 Ramsey county from adopting a resolution, rule, regulation or 51.12 ordinance which on an annual basis sets aside for awarding to 51.13 small businesses a percentage of the value of the county's 51.14 anticipated total procurement of goods and services, including 51.15 construction, otherwise subject to that section, and which uses 51.16 either a negotiated price or bid contract procedure to award a 51.17 procurement contract under a set-aside program allowed in this 51.18 section. A set-aside program is governed by the time limits in 51.19 section 16C.16, subdivision 13. Any award based on a negotiated 51.20 price shall not exceed by more than five percent the county's 51.21 estimated price for the goods and services if they were 51.22 purchased in the open market and not under the set-aside program. 51.23 Sec. 49. Minnesota Statutes 1998, section 465.803, 51.24 subdivision 3, is amended to read: 51.25 Subd. 3. [USE OF REPAYMENT REVENUE.] All grant money 51.26 repaid to the board under this sectionis appropriated to the51.27board for additional grants authorized by sections 465.798,51.28465.799, and 465.801must be deposited in the general fund. 51.29 Sec. 50. Minnesota Statutes 1998, section 465.81, 51.30 subdivision 2, is amended to read: 51.31 Subd. 2. [DEFINITIONS.] As used in sections 465.81 to 51.32 465.87, the words defined in this subdivision have the meanings 51.33 given them in this subdivision. 51.34"Board" means the board of government innovation and51.35cooperation.51.36 "City" means home rule charter or statutory cities. 52.1 "Governing body" means, in the case of a county, the county 52.2 board; in the case of a city, the city council; and, in the case 52.3 of a town, the town board. 52.4 "Local government unit" or "unit" includes counties, 52.5 cities, and towns. 52.6 Sec. 51. Minnesota Statutes 1998, section 465.82, 52.7 subdivision 1, is amended to read: 52.8 Subdivision 1. [ADOPTION AND STATE AGENCY REVIEW.] Each 52.9 governing body that proposes to take part in a combination under 52.10 sections 465.81 to 465.87 must by resolution adopt a plan for 52.11 cooperation and combination. The plan must address each item in 52.12 this section. The plan must be specific for any item that will 52.13 occur within three years and may be general or set forth 52.14 alternative proposals for an item that will occur more than 52.15 three years in the future.The plan must be submitted to the52.16board of government innovation and cooperation for review and52.17comment.For a metropolitan area local government unit, the 52.18 plan mustalsobe submitted to the metropolitan council for 52.19 review and comment. The council may point out any resources or 52.20 technical assistance it may be able to provide a governing body 52.21 submitting a plan under this subdivision. Significant 52.22 modifications and specific resolutions of items must be 52.23 submitted to theboard andcouncil, if appropriate, for review 52.24 and comment. In the official newspaper of each local government 52.25 unit proposing to take part in the combination, the governing 52.26 body shall publish at least a summary of the adopted plans, each 52.27 significant modification and resolution of items, and, if 52.28 appropriate, the results ofeach board andcouncil review and 52.29 comment. If a territory of a unit is to be apportioned between 52.30 or among two or more units contiguous to the unit that is to be 52.31 apportioned, the plan must specify the area that will become a 52.32 part of each remaining unit. 52.33 Sec. 52. Minnesota Statutes 1998, section 465.84, is 52.34 amended to read: 52.35 465.84 [REFERENDUM.] 52.36 During the first or second year of cooperation,and after53.1approval of the plan by the board under section 465.83,a 53.2 referendum on the question of combination must be conducted. 53.3 The referendum must be on a date called by the governing bodies 53.4 of the units that propose to combine. The referendum must be 53.5 conducted according to the Minnesota Election Law, as defined in 53.6 section 200.01. If the referendum fails, the same question or a 53.7 modified question may be submitted the following year. If the 53.8 referendum fails again, the same question may not be submitted. 53.9 Referendums shall be conducted on the same date in all local 53.10 government units. 53.11 Sec. 53. Minnesota Statutes 1998, section 471.345, 53.12 subdivision 8, is amended to read: 53.13 Subd. 8. [PROCUREMENT FROM ECONOMICALLY DISADVANTAGED 53.14 PERSONS.] For purposes of this subdivision, the following terms 53.15 shall have the meanings herein ascribed to them: 53.16 (a) "Small targeted group business" means businesses 53.17 designated under section 16C.16. 53.18 (b) "Business entity" means an entity organized for profit, 53.19 including an individual, partnership, corporation, joint 53.20 venture, association, or cooperative. 53.21 Nothing in this section shall be construed to prohibit any 53.22 municipality from adopting a resolution, rule, regulation, or 53.23 ordinance which on an annual basis designates and sets aside for 53.24 awarding to small targeted group businesses a percentage of the 53.25 value of its anticipated total procurement of goods and 53.26 services, including construction, and which uses either a 53.27 negotiated price or bid contract procedure in the awarding of a 53.28 procurement contract under a set-aside program as allowed in 53.29 this subdivision, provided that any award based on a negotiated 53.30 price shall not exceed by more than five percent the 53.31 municipality's estimated price for the goods and services if 53.32 they were purchased on the open market and not under the 53.33 set-aside program. A set-aside program is governed by the time 53.34 limits in section 16C.16, subdivision 13. 53.35 Sec. 54. Minnesota Statutes 1998, section 572A.02, 53.36 subdivision 5, is amended to read: 54.1 Subd. 5. [DECISION FACTORS.]In comprehensive planning54.2disputes, the arbitration panel shall consider the goals stated54.3in section 4A.08 and the following factors in making a54.4decision.Inall otherdisputes brought under this section, the 54.5 arbitration panel shall consider the following factors in making 54.6 a decision: 54.7 (1) present population and number of households, past 54.8 population, and projected population growth of the subject area 54.9 and adjacent units of local government; 54.10 (2) quantity of land within the subject area and adjacent 54.11 units of local government; and natural terrain including 54.12 recognizable physical features, general topography, major 54.13 watersheds, soil conditions, and such natural features as 54.14 rivers, lakes, and major bluffs; 54.15 (3) degree of contiguity of the boundaries between the 54.16 municipality and the subject area; 54.17 (4) present pattern of physical development, planning, and 54.18 intended land uses in the subject area and the municipality 54.19 including residential, industrial, commercial, agricultural, and 54.20 institutional land uses and the impact of the proposed action on 54.21 those land uses; 54.22 (5) the present transportation network and potential 54.23 transportation issues, including proposed highway development; 54.24 (6) land use controls and planning presently being utilized 54.25 in the municipality and the subject area, including 54.26 comprehensive plans for development in the area and plans and 54.27 policies of the metropolitan council, and whether there are 54.28 inconsistencies between proposed development and existing land 54.29 use controls and the reasons therefore; 54.30 (7) existing levels of governmental services being provided 54.31 in the municipality and the subject area, including water and 54.32 sewer service, fire rating and protection, law enforcement, 54.33 street improvements and maintenance, administrative services, 54.34 and recreational facilities and the impact of the proposed 54.35 action on the delivery of said services; 54.36 (8) existing or potential environmental problems and 55.1 whether the proposed action is likely to improve or resolve 55.2 these problems; 55.3 (9) plans and programs by the municipality for providing 55.4 needed governmental services to the subject area; 55.5 (10) an analysis of the fiscal impact on the municipality, 55.6 the subject area, and adjacent units of local government, 55.7 including net tax capacity and the present bonded indebtedness, 55.8 and the local tax rates of the county, school district, and 55.9 township; 55.10 (11) relationship and effect of the proposed action on 55.11 affected and adjacent school districts and communities; 55.12 (12) adequacy of town government to deliver services to the 55.13 subject area; 55.14 (13) analysis of whether necessary governmental services 55.15 can best be provided through the proposed action or another type 55.16 of boundary adjustment; and 55.17 (14) if only a part of a township is annexed, the ability 55.18 of the remainder of the township to continue or the feasibility 55.19 of it being incorporated separately or being annexed to another 55.20 municipality. 55.21 Any party to the proceeding may present evidence and testimony 55.22 on any of the above factors at the hearing on the matter. 55.23 Sec. 55. Laws 1995, First Special Session chapter 3, 55.24 article 12, section 10, is amended to read: 55.25 Sec. 10. [ELECTRONIC COST REDUCTION.] 55.26 The commissioner of education shall identify methods to 55.27 reduce the costs of Internet access for school districts. The 55.28 commissioner shall work in conjunction withMNetthe state 55.29 information infrastructure, the department of administration, 55.30 and the telecommunication industry to provide Internet access 55.31 and long distance phone service at a favorable group rate. 55.32 Sec. 56. [DRAFTING TASK FORCE.] 55.33 The revisor of statutes, in consultation with the directors 55.34 of house research and senate counsel and research, must form a 55.35 task force to study the use of "must" and "shall" in legislative 55.36 drafting. The revisor must report to the house of 56.1 representatives and senate rules committees and the legislative 56.2 coordinating commission by November 1, 1999, on the results of 56.3 the study. 56.4 Sec. 57. [LOAN REPAYMENT.] 56.5 The loan made by the Minneapolis community development 56.6 agency to the Minneapolis park and recreation board in 1986 to 56.7 acquire property for the central riverfront regional park must 56.8 not be repaid by any funds from the state of Minnesota or funds 56.9 of political subdivisions of the state, including the 56.10 metropolitan council. 56.11 Sec. 58. [MANAGEMENT ANALYSIS TRANSFER.] 56.12 The management analysis activity in the department of 56.13 administration is transferred to the office of strategic and 56.14 long-range planning under Minnesota Statutes, section 15.039. 56.15 Sec. 59. [EMPLOYEE ASSISTANCE PROGRAM.] 56.16 The state employee assistance program is transferred from 56.17 the department of administration to the department of employee 56.18 relations under Minnesota Statutes, section 15.039. 56.19 Sec. 60. [TRANSFER.] 56.20 The Minnesota humanities commission is transferred to the 56.21 department of children, families, and learning for 56.22 administrative purposes. 56.23 Sec. 61. [SALARY LIMIT.] 56.24 Subdivision 1. [EXECUTIVE BRANCH.] (a) During the fiscal 56.25 year ending June 30, 2000, the aggregate amount spent by all 56.26 executive branch agencies on employee salaries may not exceed 56.27 101 percent of the aggregate amount these agencies spent on 56.28 employee salaries in the fiscal year ending June 30, 1999. 56.29 (b) During the fiscal year ending June 30, 2001, the 56.30 aggregate amount spent by all executive branch agencies on 56.31 employee salaries may not exceed 103 percent of the aggregate 56.32 amount these agencies spent on employee salaries in the fiscal 56.33 year ending June 30, 1999. 56.34 (c) For purposes of this section, "executive branch" has 56.35 the meaning given in Minnesota Statutes, section 43A.02, 56.36 subdivision 22, and includes the Minnesota state colleges and 57.1 universities but not constitutional offices. 57.2 Subd. 2. [LEGISLATIVE BRANCH.] (a) During the fiscal year 57.3 ending June 30, 2000, the amount spent on employee salaries by 57.4 (1) the house of representatives; (2) the senate; and (3) the 57.5 legislative coordinating commission and all groups under its 57.6 jurisdiction may not exceed 101 percent of the amount spent on 57.7 these salaries during the fiscal year ending June 30, 1999. 57.8 (b) During the fiscal year ending June 30, 2001, the amount 57.9 spent on employee salaries by (1) the house of representatives; 57.10 (2) the senate; and (3) the legislative coordinating commission 57.11 and all groups under its jurisdiction, may not exceed 103 57.12 percent of the amount spent on these salaries during the fiscal 57.13 year ending June 30, 1999. Each entity listed in clauses (1), 57.14 (2), and (3) in this paragraph must be treated separately for 57.15 purposes of determining compliance with this subdivision, except 57.16 that the legislative coordinating commission and all groups 57.17 under its jurisdiction must be treated as one unit. 57.18 Sec. 62. [APPROPRIATION REDUCTIONS.] 57.19 Subdivision 1. [APPLICATION TO OTHER LAW.] The 57.20 appropriation reductions mandated by this section supersede any 57.21 other law, regardless of order of final passage. 57.22 Subd. 2. [EXECUTIVE BRANCH.] (a) During the biennium 57.23 ending June 30, 2001, general fund appropriations to executive 57.24 branch agencies other than the Minnesota state colleges and 57.25 universities for agency operations are reduced by $38,700,000. 57.26 The governor must allocate these reductions among executive 57.27 branch agencies. For purposes of these reductions, "executive 57.28 branch" is as defined in section 61. 57.29 (b) During the biennium ending June 30, 2001, general fund 57.30 appropriations to the Minnesota state colleges and universities 57.31 are reduced by $35,000,000. The chancellor must allocate these 57.32 reductions. 57.33 Subd. 3. [METHOD OF ATTAINING REDUCTIONS.] To the extent 57.34 practical, the reductions required by this section must be 57.35 accomplished by not filling vacancies or by replacing employees 57.36 who leave state service with lower paid employees. 58.1 Sec. 63. [VOLUNTARY UNPAID LEAVE OF ABSENCE.] 58.2 Appointing authorities in state government shall encourage 58.3 each employee to take an unpaid leave of absence for up to 160 58.4 hours during the period ending June 30, 2001. Each appointing 58.5 authority approving such a leave shall allow the employee to 58.6 continue accruing vacation and sick leave, be eligible for paid 58.7 holidays and insurance benefits, accrue seniority, and accrue 58.8 service credit in state retirement plans permitting service 58.9 credits for authorized leaves of absence as if the employee had 58.10 actually been employed during the time of the leave. If the 58.11 leave of absence is for one full pay period or longer, any 58.12 holiday pay shall be included in the first payroll warrant after 58.13 return from the leave of absence. The appointing authority 58.14 shall attempt to grant requests for unpaid leaves of absence 58.15 consistent with the need to continue efficient operation of the 58.16 agency. However, each appointing authority shall retain 58.17 discretion to grant or refuse to grant requests for leaves of 58.18 absence and to schedule and cancel leaves, subject to applicable 58.19 provisions of collective bargaining agreements and compensation 58.20 plans. 58.21 Sec. 64. [REVISOR'S INSTRUCTION.] 58.22 In each section of Minnesota Statutes referred to in column 58.23 A, the revisor of statutes shall delete the reference in column 58.24 B and insert the reference in column C. 58.25 Column A Column B Column C 58.26 13.43, subd. 7 16B.39, subd. 2 43A.215 58.27 43A.30, subd. 5 16B.39 43A.215 58.28 Sec. 65. [REPEALER.] 58.29 (a) Minnesota Statutes 1998, sections 4A.08; 4A.09; 4A.10; 58.30 15.90; 15.91; 15.92; 16A.103, subdivision 3; 16B.36; 16B.39, 58.31 subdivision 2; 16B.88; 16E.11; 43A.211; 207A.01; 207A.02; 58.32 207A.03; 207A.04; 207A.06; 207A.07; 207A.08; 207A.09; 207A.10; 58.33 240A.08; 394.232; 462.3535; 473.1455; 572A.01; and 572A.03, 58.34 subdivision 2, are repealed. 58.35 (b) Minnesota Statutes 1998, sections 465.795; 465.796; 58.36 465.797; 465.7971; 465.798; 465.799; 465.801; 465.802; 465.803; 59.1 465.83; 465.87; and 465.88, are repealed. 59.2 (c) Minnesota Statutes 1998, section 16A.1285, subdivisions 59.3 4 and 5, are repealed. 59.4 Sec. 66. [EFFECTIVE DATES.] 59.5 Section 41 is effective June 30, 1999. 59.6 Sections 35, 50 to 52, and 65, paragraph (b), are effective 59.7 June 30, 2000. 59.8 Sections 3, 15, 20, 21, and 65, paragraph (c), are 59.9 effective July 1, 2000. 59.10 Sections 4 to 6 and 13 are effective January 1, 2000. 59.11 Sections 25 to 27 and 55 are effective the day following 59.12 final enactment. Sections 25 to 27 and 55 do not affect any 59.13 valid contracts executed before the effective date of sections 59.14 25 to 27 and 55. 59.15 Sections 31, 36, 37, 48, and 53 are effective January 1, 59.16 2000, and apply to businesses receiving preferences that total 59.17 an aggregate of five years before or after that date. 59.18 ARTICLE 3 59.19 YEAR 2000 59.20 Section 1. [604B.01] [YEAR 2000 ACTIVITIES; IMMUNITY.] 59.21 Subdivision 1. [DEFINITIONS.] For the purpose of this 59.22 section, the terms defined in this section have the meanings 59.23 given them. 59.24 Subd. 2. [ASSOCIATION.] "Association" means a trade, 59.25 professional, governmental, or similar organization the members 59.26 of which are individuals, enterprises, or governmental units 59.27 engaged in similar lines of business, services, or activity. 59.28 Subd. 3. [STATE AGENCY.] "State agency" means the 59.29 University of Minnesota, Minnesota state colleges and 59.30 universities, and the departments, boards, agencies, and 59.31 commissions in the executive, judicial, and legislative branches. 59.32 Subd. 4. [YEAR 2000 SOLUTION INFORMATION.] "Year 2000 59.33 solution information" means information related to solutions 59.34 that address the inability of computer systems, software, or 59.35 electronically controlled devices to recognize certain dates in 59.36 1999 and after December 31, 1999. That inability may cause 60.1 disruptions in electronic communications or the functioning of 60.2 electronically controlled equipment resulting or reasonably 60.3 anticipated to result from erroneous data that is or may be 60.4 supplied by electronic devices. 60.5 Subd. 5. [ASSOCIATION AND RELATED IMMUNITY.] No cause of 60.6 action may be maintained against an association for damages or 60.7 harm resulting from the collection of year 2000 solution 60.8 information or the publication of that information or against 60.9 any person or entity for providing year 2000 solution 60.10 information to the association. 60.11 Subd. 6. [STATE AGENCY IMMUNITY.] No cause of action may 60.12 be maintained against a state agency for damages or harm 60.13 resulting from the collection of year 2000 solution information 60.14 or the publication of that information. 60.15 Subd. 7. [GOVERNMENTAL UNIT IMMUNITY.] No cause of action 60.16 may be maintained against a governmental unit as defined in 60.17 section 462.384, subdivision 2, including governmental units 60.18 acting jointly under section 471.59, for damages or harm 60.19 resulting from the collection, publication, or dissemination of 60.20 year 2000 solution information to other governmental units or to 60.21 the metropolitan council or agencies. 60.22 Subd. 8. [EXCEPTION.] Subdivisions 5 to 7 do not apply if 60.23 the party against whom the claim is brought knew that the year 60.24 2000 solution information provided was materially false or 60.25 provided the information with reckless disregard as to the 60.26 accuracy of the information. 60.27 Subd. 9. [NO IMPLIED CAUSE OF ACTION CREATED.] No 60.28 liability on the part of any person or any public or private 60.29 entity is implied or created by this section by the absence of a 60.30 grant of immunity under this section. 60.31 Sec. 2. [604B.02] [TRIAL OF MATTERS INVOLVING Y2K 60.32 PROCESSING.] 60.33 (a) For a civil cause of action involving a claim in tort, 60.34 contract, product liability, or under any other legal theory 60.35 arising out of damages allegedly due to a failure of Y2K 60.36 processing, an action may be commenced and discovery may be 61.1 conducted, but no dispositive motion may be heard or trial 61.2 conducted until after January 2, 2001 unless the court 61.3 determines, for good cause shown, that a failure to hear and 61.4 rule on a dispositive motion would result in hardship. 61.5 (b) Actions involving a failure of Y2K processing shall be 61.6 referred to a Y2K processing panel of the district court to 61.7 which district judges in a sufficient number shall be assigned 61.8 on and after July 1, 1999. 61.9 Sec. 3. [EMERGENCIES.] 61.10 (a) The governor may declare an emergency under this 61.11 section for purposes of Minnesota Statutes, sections 12.31, 61.12 12.36, and 12.37. The governor may declare an emergency under 61.13 authority of this section only to the extent that actual or 61.14 potential failure of computers or electronically controlled 61.15 devices creates an actual or imminent serious threat to the 61.16 health or safety of persons or an actual or imminent threat of 61.17 catastrophic loss to property or the environment. 61.18 (b) A declaration for purposes of Minnesota Statutes, 61.19 section 12.31, must be made according to procedures in that 61.20 section. 61.21 (c) The governor may declare an emergency under this 61.22 section for purposes of Minnesota Statutes, section 12.36 or 61.23 12.37, without declaring a peacetime emergency under Minnesota 61.24 Statutes, section 12.31. A declaration for purposes of 61.25 Minnesota Statutes, section 12.36 or 12.37, may specify that it 61.26 applies to all or certain units of state or local government, 61.27 must specify the time period for which it applies, and must be 61.28 filed with the secretary of state. 61.29 (d) This section is in addition to and does not limit 61.30 authority granted to the governor or local government officials 61.31 by Minnesota Statutes, chapter 12, or other law. 61.32 (e) After April 1, 2000, the governor may not use this 61.33 section as authority to declare an emergency. 61.34 (f) If an emergency is declared under authority of this 61.35 section, a unit of state or local government may omit compliance 61.36 with the procedures and law listed in Minnesota Statutes, 62.1 sections 12.36, paragraph (a), clause (2), and 12.37, clause 62.2 (2), only to the extent necessary to protect health and safety 62.3 of persons or avoid catastrophic loss to property or the 62.4 environment. A unit of state or local government must report to 62.5 the year 2000 project office in the department of administration 62.6 on omitting compliance with procedures and laws. The report 62.7 must be filed within 30 days of the action that did not comply 62.8 with the customary laws. 62.9 Sec. 4. [YEAR 2000 PROBLEM REPORTS.] 62.10 All electric utilities, as defined in Minnesota Statutes, 62.11 section 216B.38, subdivision 5, and telephone companies, as 62.12 defined in Minnesota Statutes, section 237.01, subdivisions 2 62.13 and 3, must file status reports on year 2000 problems with the 62.14 public utilities commission and the department of public 62.15 service, with a copy to the division of emergency management of 62.16 the department of public safety, on July 1 and October 1, 1999. 62.17 The status report must include a statement of the percentage of 62.18 the assessment phase that has been completed to date, the 62.19 percentage of the remediation phase that has been completed to 62.20 date, and the percentage of the testing of corrective actions 62.21 phase that has been complete to date. The foregoing questions, 62.22 along with others deemed appropriate, must be included in Y2K 62.23 status report form that must be provided by the department of 62.24 public safety, division of emergency management. If a report 62.25 indicates that all year 2000 problems have been remediated, an 62.26 entity need not file a subsequent report unless there has been a 62.27 change. 62.28 Sec. 5. [YEAR 2000 PROBLEM EXEMPTION FROM UNIFORM 62.29 MUNICIPAL CONTRACTING LAW.] 62.30 Subdivision 1. [MUNICIPAL CONTRACTS.] Minnesota Statutes, 62.31 section 471.345, does not apply to the purchase or rental of 62.32 supplies, materials, and equipment nor to the construction, 62.33 alteration, repair, and maintenance of real or personal property 62.34 if the governing body of a municipality determines that there is 62.35 an urgency due to the actual or potential failure or malfunction 62.36 of public infrastructure or systems critical to the delivery of 63.1 municipal services due to year 2000 problems with computers and 63.2 electronically controlled devices. 63.3 Subd. 2. [SPECIAL PROCEDURE.] A contract exempted from 63.4 Minnesota Statutes, section 471.345, by subdivision 1 may, at 63.5 the discretion of the municipality, be made by direct 63.6 negotiation by obtaining two or more quotations or in the open 63.7 market. All quotations shall be kept on file for a period of at 63.8 least one year after receipt. 63.9 Subd. 3. [APPLICABILITY OF OTHER LAWS.] This section 63.10 supersedes any inconsistent law. 63.11 Subd. 4. [REPORTS.] A municipality must report to the year 63.12 2000 project office in the department of administration on each 63.13 instance in which it omitted compliance with the uniform 63.14 municipal contracting law under authority of this section. 63.15 Subd. 5. [EXPIRATION.] This section applies only to a 63.16 contract entered into or goods or services purchased before 63.17 April 1, 2000. 63.18 Sec. 6. [DEPARTMENT OF HEALTH; YEAR 2000 ACTIVITY.] 63.19 Subdivision 1. [DEPARTMENT OF HEALTH SURVEY.] The 63.20 department of health must, by July 30, 1999, survey all 63.21 hospitals, nursing homes, nontransient noncommunity water 63.22 systems operated by a public entity, and community water supply 63.23 systems for year 2000 problems and solutions related to their 63.24 operations. The department, upon request, must disseminate 63.25 information about those year 2000 problems and proposed 63.26 solutions to hospitals, nursing homes, and water supply system 63.27 operators in a prompt and reasonable manner. 63.28 Subd. 2. [STATUS REPORTS.] All hospitals, nursing homes, 63.29 nontransient noncommunity water systems operated by a public 63.30 entity, and community water supply systems must file status 63.31 reports on year 2000 problems with the department of health, 63.32 with a copy to the division of emergency management of the 63.33 department of public safety, on July 1 and October 1, 1999. The 63.34 status report must include a statement of the percentage of the 63.35 assessment phase that has been completed to date, the percentage 63.36 of the remediation phase that has been completed to date, and 64.1 the percentage of the testing of corrective actions phase that 64.2 has been completed to date. The foregoing questions, along with 64.3 others deemed appropriate, must be included in a Y2K status 64.4 report form that must be provided by the department of public 64.5 safety, division of emergency management. If there has been no 64.6 change since the previous report, the report may indicate only 64.7 that no change has occurred. 64.8 Sec. 7. [DEPARTMENT OF HUMAN SERVICES; YEAR 2000 64.9 ACTIVITY.] 64.10 If year 2000 computer problems create a failure or 64.11 malfunction in the infrastructure or systems used by the 64.12 department of human services for payment to health care 64.13 providers under state government programs or counties, the 64.14 commissioner of human services shall continue to pay all health 64.15 care providers paid under state government programs or counties 64.16 by manual warrant or other measures within the statutorily 64.17 required time period. 64.18 Sec. 8. [STATUS REPORTS.] 64.19 (a) The recipients of the status reports required by 64.20 sections 4 and 6, subdivision 2, including the division of 64.21 emergency management, shall consult with those required to file 64.22 those reports concerning the form of the report. 64.23 (b) All reports provided under sections 4 and 6 shall be 64.24 considered Year 2000 Readiness Disclosures. 64.25 Sec. 9. [YEAR 2000 LOAN FUND.] 64.26 (a) $20,000,000 is appropriated from the budget reserve 64.27 account in the general fund in fiscal year 1999 to the 64.28 commissioner of finance to capitalize a fund, to be used to make 64.29 loans to school districts; counties; joint powers boards; home 64.30 rule charter and statutory cities; and towns to meet the costs 64.31 they incur in addressing year 2000 problems. 64.32 (b) A loan may not be made until the year 2000 project 64.33 office of the department of administration certifies to the 64.34 commissioner of finance that: 64.35 (1) the proposed use of the loan is related only to 64.36 remediation of a year 2000 problem; 65.1 (2) the unit of local government has insufficient resources 65.2 available to address year 2000 problems; and 65.3 (3) the loan would be used to remediate problems that are 65.4 likely to affect public health and safety or cause catastrophic 65.5 loss to property or the environment. 65.6 (c) The local units of government that received the loans 65.7 must repay them by June 30, 2001. Interest is payable on the 65.8 loan at the rate earned by the state on invested treasurer's 65.9 cash, as determined monthly by the commissioner of finance. 65.10 Repayments must be deposited in the budget reserve account. 65.11 (d) A unit of local government receiving a loan under this 65.12 section must report to the year 2000 project office in the 65.13 department of administration within 60 days of receiving the 65.14 loan. The report must state how the loan was used in accordance 65.15 with the criteria of paragraph (b). 65.16 (e) This appropriation cancels April 1, 2000. 65.17 Any canceled money must be deposited in the budget reserve 65.18 account. 65.19 Sec. 10. [COMMISSIONER REVIEW.] 65.20 The commissioner of administration, through staff of the 65.21 Y2K project office, is responsible for reviewing use of 65.22 emergency authority and emergency funds under this act and shall 65.23 review reports from state agencies and political subdivisions 65.24 under sections 3, 4, 5, and 10. If the commissioner determines 65.25 that funds obtained under section 10 were not used in a manner 65.26 consistent with the requirements of section 10, paragraph (b), 65.27 the political subdivision must pay interest on the loan at the 65.28 rate of 12 percent, compounded annually from the time the loan 65.29 was received. 65.30 Sec. 11. [EFFECTIVE DATE.] 65.31 Sections 1 to 10 are effective the day following final 65.32 enactment. 65.33 ARTICLE 4 65.34 CONFORMING CHANGES 65.35 Section 1. Minnesota Statutes 1998, section 14.131, is 65.36 amended to read: 66.1 14.131 [STATEMENT OF NEED AND REASONABLENESS.] 66.2 Before the agency orders the publication of a rulemaking 66.3 notice required by section 14.14, subdivision 1a, the agency 66.4 must prepare, review, and make available for public review a 66.5 statement of the need for and reasonableness of the rule. The 66.6 statement of need and reasonableness must be prepared under 66.7 rules adopted by the chief administrative law judge and must 66.8 include the following to the extent the agency, through 66.9 reasonable effort, can ascertain this information: 66.10 (1) a description of the classes of persons who probably 66.11 will be affected by the proposed rule, including classes that 66.12 will bear the costs of the proposed rule and classes that will 66.13 benefit from the proposed rule; 66.14 (2) the probable costs to the agency and to any other 66.15 agency of the implementation and enforcement of the proposed 66.16 rule and any anticipated effect on state revenues; 66.17 (3) a determination of whether there are less costly 66.18 methods or less intrusive methods for achieving the purpose of 66.19 the proposed rule; 66.20 (4) a description of any alternative methods for achieving 66.21 the purpose of the proposed rule that were seriously considered 66.22 by the agency and the reasons why they were rejected in favor of 66.23 the proposed rule; 66.24 (5) the probable costs of complying with the proposed rule; 66.25 and 66.26 (6) an assessment of any differences between the proposed 66.27 rule and existing federal regulations and a specific analysis of 66.28 the need for and reasonableness of each difference. 66.29For rules setting, adjusting, or establishing regulatory,66.30licensure, or other charges for goods and services, the66.31statement of need and reasonableness must include the comments66.32and recommendations of the commissioner of finance and must66.33address any fiscal and policy concerns raised during the review66.34process, as required by section 16A.1285.66.35 The statement must describe how the agency, in developing 66.36 the rules, considered and implemented the legislative policy 67.1 supporting performance-based regulatory systems set forth in 67.2 section 14.002. 67.3 The statement must also describe the agency's efforts to 67.4 provide additional notification to persons or classes of persons 67.5 who may be affected by the proposed rule or must explain why 67.6 these efforts were not made. 67.7 The agency must send a copy of the statement of need and 67.8 reasonableness to the legislative reference library when it 67.9 becomes available for public review. 67.10 Sec. 2. Minnesota Statutes 1998, section 14.23, is amended 67.11 to read: 67.12 14.23 [STATEMENT OF NEED AND REASONABLENESS.] 67.13 Before the date of the section 14.22 notice, the agency 67.14 shall prepare a statement of need and reasonableness, which must 67.15 be available to the public. The statement of need and 67.16 reasonableness must include the analysis required in section 67.17 14.131and the comments and recommendations of the commissioner67.18of finance, and must address any fiscal and policy concerns67.19raised during the review process, as required by section67.2016A.1285. The statement must also describe the agency's efforts 67.21 to provide additional notification to persons or classes of 67.22 persons who may be affected by the proposed rules or must 67.23 explain why these efforts were not made. For at least 30 days 67.24 following the notice, the agency shall afford the public an 67.25 opportunity to request a public hearing and to submit data and 67.26 views on the proposed rule in writing. 67.27 The agency shall send a copy of the statement of need and 67.28 reasonableness to the legislative reference library when it 67.29 becomes available to the public. 67.30 Sec. 3. Minnesota Statutes 1998, section 16B.748, is 67.31 amended to read: 67.32 16B.748 [RULES.] 67.33 The commissioner may adopt rules for the following purposes: 67.34 (1)to set a fee under section 16A.1285 for processing a67.35construction or installation permit or elevator contractor67.36license application;68.1(2) to set a fee under section 16A.1285 to cover the cost68.2of elevator inspections;68.3(3)to establish minimum qualifications for elevator 68.4 inspectors that must include possession of a current elevator 68.5 constructor electrician's license issued by the state board of 68.6 electricity and proof of successful completion of the national 68.7 elevator industry education program examination or equivalent 68.8 experience; 68.9(4)(2) to establish criteria for the qualifications of 68.10 elevator contractors; 68.11(5)(3) to establish elevator standards under sections 68.12 16B.61, subdivisions 1 and 2, and 16B.64; 68.13(6)(4) to establish procedures for appeals of decisions of 68.14 the commissioner under chapter 14 and procedures allowing the 68.15 commissioner, before issuing a decision, to seek advice from the 68.16 elevator trade, building owners or managers, and others 68.17 knowledgeable in the installation, construction, and repair of 68.18 elevators; and 68.19(7)(5) to establish requirements for the registration of 68.20 all elevators. 68.21 Sec. 4. Minnesota Statutes 1998, section 18.54, is amended 68.22 to read: 68.23 18.54 [LOCAL SALES AND MISCELLANEOUS.] 68.24 Subdivision 1. [SERVICES AND FEES.] The commissioner may 68.25 make small lot inspections or perform other necessary services 68.26 for which another charge is not specified. For these services 68.27 the commissioner shall set a fee plus expenses that will recover 68.28 the cost of performing this service, as provided in section68.2916A.1285. The commissioner may set an additional acreage fee 68.30 for inspection of seed production fields for exporters in order 68.31 to meet domestic and foreign plant quarantine requirements. 68.32 Subd. 2. [VIRUS DISEASE-FREE CERTIFICATION.] The 68.33 commissioner shall have the authority to provide special 68.34 services such as virus disease-free certification and other 68.35 similar programs. Participation by nursery stock growers shall 68.36 be voluntary. Plants offered for sale as certified virus-free 69.1 must be grown according to certain procedures in a manner 69.2 defined by the commissioner for the purpose of eliminating 69.3 viruses and other injurious disease or insect pests. The 69.4 commissioner shall collect reasonable fees from participating 69.5 nursery stock growers for services and materials that are 69.6 necessary to conduct this type of work, as provided in section69.716A.1285. 69.8 Sec. 5. Minnesota Statutes 1998, section 21.92, is amended 69.9 to read: 69.10 21.92 [SEED INSPECTION FUND.] 69.11 There is established in the state treasury an account known 69.12 as the seed inspection fund. Fees and penalties collected by 69.13 the commissioner under sections 21.80 to 21.92 and interest 69.14 attributable to money in the account shall be deposited into 69.15 this account.The rates at which the fees are charged may be69.16adjusted pursuant to section 16A.1285.69.17 Sec. 6. Minnesota Statutes 1998, section 60A.964, 69.18 subdivision 1, is amended to read: 69.19 Subdivision 1. [AMOUNT.] The licensing fee for a viatical 69.20 settlement provider license is $750 for initial licensure and 69.21 $250 for each annual renewal.The commissioner may adjust the69.22fees as provided under section 16A.1285 to recover the costs of69.23administration and enforcement.The fees must be limited to the 69.24 cost of license administration and enforcement and must be 69.25 deposited in the state treasury, credited to a special account, 69.26 and appropriated to the commissioner. 69.27 Sec. 7. Minnesota Statutes 1998, section 60A.972, 69.28 subdivision 3, is amended to read: 69.29 Subd. 3. [FEES.] The licensing fee for a viatical 69.30 settlement broker is $750 for initial licensure and $250 for 69.31 each annual renewal. Failure to pay the renewal fee within the 69.32 time required by the commissioner results in an automatic 69.33 revocation of the license.The commissioner may adjust the fees69.34as provided under section 16A.1285 to recover the costs of69.35administration and enforcement.The fees must be limited to the 69.36 cost of license administration and enforcement and must be 70.1 deposited in the state treasury, credited to a special account, 70.2 and appropriated to the commissioner. 70.3 Sec. 8. Minnesota Statutes 1998, section 97B.025, is 70.4 amended to read: 70.5 97B.025 [ADVANCED HUNTER EDUCATION.] 70.6 The commissioner may establish advanced education courses 70.7 for hunters and trappers. The commissioner, with the approval 70.8 of the commissioner of finance, may impose a fee not to exceed 70.9 $10 for each person attending an advanced education course.The70.10commissioner shall establish the fee under section 16A.1285.70.11 Sec. 9. Minnesota Statutes 1998, section 103G.301, 70.12 subdivision 2, is amended to read: 70.13 Subd. 2. [PERMIT APPLICATION FEES.](a)An application for 70.14 a permit authorized under this chapter, and each request to 70.15 amend or transfer an existing permit, must be accompanied by a 70.16 permit application fee to defray the costs of receiving, 70.17 recording, and processing the application or request to amend or 70.18 transfer. 70.19(b) The application fee for a permit to appropriate water,70.20a permit to construct or repair a dam that is subject to dam70.21safety inspection, a state general permit, or to apply for the70.22state water bank program is $75. The application fee for a70.23permit to work in public waters or to divert waters for mining70.24must be at least $75, but not more than $500, in accordance with70.25a schedule of fees adopted under section 16A.1285.70.26 Sec. 10. Minnesota Statutes 1998, section 103I.525, 70.27 subdivision 9, is amended to read: 70.28 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 70.29 to submit all information required for renewal in subdivision 8 70.30 or submits the application and information after the required 70.31 renewal date: 70.32 (1) the licensee must include an additional late fee set by 70.33 the commissionerunder section 16A.1285; and 70.34 (2) the licensee may not conduct activities authorized by 70.35 the well contractor's license until the renewal application, 70.36 renewal application fee, late fee, and all other information 71.1 required in subdivision 8 are submitted. 71.2 Sec. 11. Minnesota Statutes 1998, section 103I.531, 71.3 subdivision 9, is amended to read: 71.4 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 71.5 to submit all information required for renewal in subdivision 8 71.6 or submits the application and information after the required 71.7 renewal date: 71.8 (1) the licensee must include an additional late fee set by 71.9 the commissionerunder section 16A.1285; and 71.10 (2) the licensee may not conduct activities authorized by 71.11 the limited well contractor's license until the renewal 71.12 application, renewal application fee, and late fee, and all 71.13 other information required in subdivision 8 are submitted. 71.14 Sec. 12. Minnesota Statutes 1998, section 103I.535, 71.15 subdivision 9, is amended to read: 71.16 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 71.17 to submit all information required for renewal in subdivision 8 71.18 or submits the application and information after the required 71.19 renewal date: 71.20 (1) the licensee must include an additional late fee set by 71.21 the commissionerunder section 16A.1285; and 71.22 (2) the licensee may not conduct activities authorized by 71.23 the elevator shaft contractor's license until the renewal 71.24 application, renewal application fee, and late fee, and all 71.25 other information required in subdivision 8 are submitted. 71.26 Sec. 13. Minnesota Statutes 1998, section 103I.541, 71.27 subdivision 5, is amended to read: 71.28 Subd. 5. [INCOMPLETE OR LATE RENEWAL.] If a registered 71.29 person submits a renewal application after the required renewal 71.30 date: 71.31 (1) the registered person must include an additional late 71.32 fee set by the commissionerunder section 16A.1285; and 71.33 (2) the registered person may not conduct activities 71.34 authorized by the monitoring well contractor's registration 71.35 until the renewal application, renewal application fee, late 71.36 fee, and all other information required in subdivision 4 are 72.1 submitted. 72.2 Sec. 14. Minnesota Statutes 1998, section 115B.49, 72.3 subdivision 2, is amended to read: 72.4 Subd. 2. [REVENUE SOURCES.] Revenue from the following 72.5 sources must be deposited in the state treasury and credited to 72.6 the account: 72.7 (1) the proceeds of the fees imposed by subdivision 4; 72.8 (2) interest attributable to investment of money in the 72.9 account; 72.10 (3) penalties and interest collected under subdivision 4, 72.11 paragraph(d)(c); and 72.12 (4) money received by the commissioner for deposit in the 72.13 account in the form of gifts, grants, and appropriations. 72.14 Sec. 15. Minnesota Statutes 1998, section 115B.49, 72.15 subdivision 4, is amended to read: 72.16 Subd. 4. [REGISTRATION; FEES.] (a) The owner or operator 72.17 of a drycleaning facility shall register on or before July 1 of 72.18 each year with the commissioner of revenue in a manner 72.19 prescribed by the commissioner of revenue and pay a registration 72.20 fee for the facility. The amount of the fee is: 72.21 (1) $500, for facilities with a full-time equivalence of 72.22 fewer than five; 72.23 (2) $1,000, for facilities with a full-time equivalence of 72.24 five to ten; and 72.25 (3) $1,500, for facilities with a full-time equivalence of 72.26 more than ten. 72.27 (b) A person who sells drycleaning solvents for use by 72.28 drycleaning facilities in the state shall collect and remit to 72.29 the commissioner of revenue in a manner prescribed by the 72.30 commissioner of revenue, on or before the 20th day of the month 72.31 following the month in which the sales of drycleaning solvents 72.32 are made, a fee of: 72.33 (1) $3.50 for each gallon of perchloroethylene sold for use 72.34 by drycleaning facilities in the state; and 72.35 (2) 70 cents for each gallon of hydrocarbon-based 72.36 drycleaning solvent sold for use by drycleaning facilities in 73.1 the state. 73.2 (c)The commissioner shall, after a public hearing but73.3notwithstanding section 16A.1285, subdivision 4, annually adjust73.4the fees in this subdivision as necessary to maintain annual73.5income of at least:73.6(1) $600,000 beginning July 1, 1997;73.7(2) $700,000 beginning July 1, 1998; and73.8(3) $800,000 beginning July 1, 1999.73.9Any adjustment under this paragraph must be prorated among all73.10the fees in this subdivision. After adjustment under this73.11paragraph, the fees in this subdivision must not be greater than73.12two times their original amount. The commissioner shall notify73.13the commissioner of revenue of an adjustment under this73.14paragraph no later than March 1 of the year in which the73.15adjustment is to become effective. The adjustment is effective73.16for sales of drycleaning solvents made, and annual registration73.17fees due, beginning on July 1 of the same year.73.18(d)To enforce this subdivision, the commissioner of 73.19 revenue may examine documents, assess and collect fees, conduct 73.20 investigations, issue subpoenas, grant extensions to file 73.21 returns and pay fees, impose penalties and interest on the 73.22 annual registration fee under paragraph (a) and the monthly fee 73.23 under paragraph (b), abate penalties and interest, and 73.24 administer appeals, in the manner provided in chapters 270 and 73.25 289A. The penalties and interest imposed on taxes under chapter 73.26 297A apply to the fees imposed under this subdivision. 73.27 Disclosure of data collected by the commissioner of revenue 73.28 under this subdivision is governed by chapter 270B. 73.29 Sec. 16. Minnesota Statutes 1998, section 115B.491, 73.30 subdivision 2, is amended to read: 73.31 Subd. 2. [RETURN REQUIRED.] On or before the 20th of each 73.32 calendar month, every drycleaning facility that has purchased 73.33 drycleaning solvents for use in this state during the preceding 73.34 calendar month, upon which the fee imposed by section 115B.49, 73.35 subdivision 4, paragraph (b), has not been paid to the seller of 73.36 the drycleaning solvents, shall file a return with the 74.1 commissioner of revenue showing the quantity of solvents 74.2 purchased and a computation of the fee under section 115B.49, 74.3 subdivision 4, paragraph(d)(c). The fee must accompany the 74.4 return. The return must be made upon a form furnished and 74.5 prescribed by the commissioner of revenue and must contain such 74.6 other information as the commissioner of revenue may require. 74.7 Sec. 17. Minnesota Statutes 1998, section 115B.491, 74.8 subdivision 3, is amended to read: 74.9 Subd. 3. [APPLICABILITY.] All of the provisions of section 74.10 115B.49, subdivision 4, paragraph(d)(c), apply to this section. 74.11 Sec. 18. Minnesota Statutes 1998, section 116.07, 74.12 subdivision 4d, is amended to read: 74.13 Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit 74.14 fees in amounts not greater than those necessary to cover the 74.15 reasonable costs of reviewing and acting upon applications for 74.16 agency permits and implementing and enforcing the conditions of 74.17 the permits pursuant to agency rules. Permit fees shall not 74.18 include the costs of litigation.The agency shall adopt rules74.19under section 16A.1285 establishing a system for charging permit74.20fees collected under this subdivision.The fee schedule must 74.21 reflect reasonable and routine permitting, implementation, and 74.22 enforcement costs. The agency may impose an additional 74.23 enforcement fee to be collected for a period of up to two years 74.24 to cover the reasonable costs of implementing and enforcing the 74.25 conditions of a permit under the rules of the agency. Any money 74.26 collected under this paragraph shall be deposited in the 74.27 environmental fund. 74.28 (b) Notwithstanding paragraph (a), and section 16A.1285, 74.29 subdivision 2, the agency shall collect an annual fee from the 74.30 owner or operator of all stationary sources, emission 74.31 facilities, emissions units, air contaminant treatment 74.32 facilities, treatment facilities, potential air contaminant 74.33 storage facilities, or storage facilities subject to the 74.34 requirement to obtain a permit under subchapter V of the federal 74.35 Clean Air Act, United States Code, title 42, section 7401 et 74.36 seq., or section 116.081. The annual fee shall be used to pay 75.1 for all direct and indirect reasonable costs, including attorney 75.2 general costs, required to develop and administer the permit 75.3 program requirements of subchapter V of the federal Clean Air 75.4 Act, United States Code, title 42, section 7401 et seq., and 75.5 sections of this chapter and the rules adopted under this 75.6 chapter related to air contamination and noise. Those costs 75.7 include the reasonable costs of reviewing and acting upon an 75.8 application for a permit; implementing and enforcing statutes, 75.9 rules, and the terms and conditions of a permit; emissions, 75.10 ambient, and deposition monitoring; preparing generally 75.11 applicable regulations; responding to federal guidance; 75.12 modeling, analyses, and demonstrations; preparing inventories 75.13 and tracking emissions; and providing information to the public 75.14 about these activities. 75.15 (c) The agency shalladopt fee rules in accordance with the75.16procedures in section 16A.1285, subdivision 5,set fees that: 75.17 (1) will result in the collection, in the aggregate, from 75.18 the sources listed in paragraph (b), of an amount not less than 75.19 $25 per ton of each volatile organic compound; pollutant 75.20 regulated under United States Code, title 42, section 7411 or 75.21 7412 (section 111 or 112 of the federal Clean Air Act); and each 75.22 pollutant, except carbon monoxide, for which a national primary 75.23 ambient air quality standard has been promulgated; 75.24 (2) may result in the collection, in the aggregate, from 75.25 the sources listed in paragraph (b), of an amount not less than 75.26 $25 per ton of each pollutant not listed in clause (1) that is 75.27 regulated under this chapter or air quality rules adopted under 75.28 this chapter; and 75.29 (3) shall collect, in the aggregate, from the sources 75.30 listed in paragraph (b), the amount needed to match grant funds 75.31 received by the state under United States Code, title 42, 75.32 section 7405 (section 105 of the federal Clean Air Act). 75.33 The agency must not include in the calculation of the aggregate 75.34 amount to be collected under clauses (1) and (2) any amount in 75.35 excess of 4,000 tons per year of each air pollutant from a 75.36 source. The increase in air permit fees to match federal grant 76.1 funds shall be a surcharge on existing fees. The commissioner 76.2 may not collect the surcharge after the grant funds become 76.3 unavailable. In addition, the commissioner shall use nonfee 76.4 funds to the extent practical to match the grant funds so that 76.5 the fee surcharge is minimized. 76.6 (d) To cover the reasonable costs described in paragraph 76.7 (b), the agency shall provide in the rules promulgated under 76.8 paragraph (c) for an increase in the fee collected in each year 76.9 by the percentage, if any, by which the Consumer Price Index for 76.10 the most recent calendar year ending before the beginning of the 76.11 year the fee is collected exceeds the Consumer Price Index for 76.12 the calendar year 1989. For purposes of this paragraph the 76.13 Consumer Price Index for any calendar year is the average of the 76.14 Consumer Price Index for all-urban consumers published by the 76.15 United States Department of Labor, as of the close of the 76.16 12-month period ending on August 31 of each calendar year. The 76.17 revision of the Consumer Price Index that is most consistent 76.18 with the Consumer Price Index for calendar year 1989 shall be 76.19 used. 76.20 (e) Any money collected under paragraphs (b) to (d) must be 76.21 deposited in an air quality account in the environmental fund 76.22 and must be used solely for the activities listed in paragraph 76.23 (b). 76.24 (f) Persons who wish to construct or expand an air emission 76.25 facility may offer to reimburse the agency for the costs of 76.26 staff overtime or consultant services needed to expedite permit 76.27 review. The reimbursement shall be in addition to fees imposed 76.28 by paragraphs (a) to (d). When the agency determines that it 76.29 needs additional resources to review the permit application in 76.30 an expedited manner, and that expediting the review would not 76.31 disrupt air permitting program priorities, the agency may accept 76.32 the reimbursement. Reimbursements accepted by the agency are 76.33 appropriated to the agency for the purpose of reviewing the 76.34 permit application. Reimbursement by a permit applicant shall 76.35 precede and not be contingent upon issuance of a permit and 76.36 shall not affect the agency's decision on whether to issue or 77.1 deny a permit, what conditions are included in a permit, or the 77.2 application of state and federal statutes and rules governing 77.3 permit determinations. 77.4 Sec. 19. Minnesota Statutes 1998, section 116.12, is 77.5 amended to read: 77.6 116.12 [HAZARDOUS WASTE ADMINISTRATION FEES.] 77.7 Subdivision 1. [FEE SCHEDULES.] The agency shall establish 77.8 the fees provided in subdivisions 2 and 3in the manner provided77.9in section 16A.1285to cover expenditures of amounts 77.10 appropriated from the environmental fund to the agency for 77.11 permitting, monitoring, inspection, and enforcement expenses of 77.12 the hazardous waste activities of the agency. 77.13 Subd. 2. [HAZARDOUS WASTE GENERATOR FEE.] (a) Each 77.14 generator of hazardous waste shall pay a fee on the hazardous 77.15 waste generated by that generator.The agency shall adopt rules77.16in accordance with chapter 14 establishing a system for charging77.17fees to generators. The rules must include the basis for77.18determining the amount of fees, and procedures and deadlines for77.19payment of fees.The agency shall base the amount of fees on 77.20 the quantity of hazardous waste generated and may charge a 77.21 minimum fee for each generator not exempted by the agency. In 77.22 adopting the fee rules, the agency shall consider: 77.23 (1) reducing the fees for generators using environmentally 77.24 beneficial hazardous waste management methods, including 77.25 recycling; 77.26 (2) the agency resources allocated to regulating the 77.27 various sizes or types of generators; 77.28 (3) adjusting fees for sizes or types of generators that 77.29 would bear a disproportionate share of the fees to be collected; 77.30 and 77.31 (4) whether implementing clauses (1) to (3) would require 77.32 excessive staff time compared to staff time available for 77.33 providing technical assistance to generators or would make the 77.34 fee system difficult for generators to understand. 77.35 (b) The agency may exempt generators of very small 77.36 quantities of hazardous wastes otherwise subject to the fee if 78.1 it finds that the cost of administering a fee on those 78.2 generators is excessive relative to the proceeds of the fee. 78.3 (c) The agency shall reduce fees charged to generators in 78.4 counties which also charge generator fees to reflect a lesser 78.5 level of activity by the agency in those counties. The fees 78.6 charged by the agency in those counties shall be collected by 78.7 the counties in the manner in which and at the same time as 78.8 those counties collect their generator fees. Counties shall 78.9 remit to the agency the amount of the fees charged by the agency 78.10 by the last day of the month following the month in which they 78.11 were collected. If a county does not collect or remit generator 78.12 fees due to the agency, the agency may collect fees from 78.13 generators in that county according to rules adopted under 78.14 paragraph (a). 78.15 (d) The agency may not impose a volume-based fee under this 78.16 subdivision on material that is reused at the facility where the 78.17 material is generated in a manner that the facility owner or 78.18 operator can demonstrate does not increase the toxicity of, or 78.19 the level of hazardous substances or pollutants or contaminants 78.20 in, products that leave the facility. The agency may impose a 78.21 flat annual fee on a facility that generates the type of 78.22 material described in the preceding sentence, provided that the 78.23 fee reflects the reasonable and necessary costs of inspections 78.24 of the facility. 78.25 Subd. 3. [FACILITY FEES.] The agency shall charge 78.26 hazardous waste facility fees including, but not limited to, an 78.27 original permit fee, a reissuance fee, a major modification fee, 78.28 and an annual facility fee for any hazardous waste facility 78.29 regulated by the agency.The agency shall adopt rules in78.30accordance with chapter 14 establishing a system for charging78.31hazardous waste facility fees.The agency may exempt facilities 78.32 otherwise subject to the fee if regulatory oversight of those 78.33 facilities is minimal. The agency may include reasonable and 78.34 necessary costs of any environmental review required under 78.35 chapter 116D in the original permit fee for any hazardous waste 78.36 facility. 79.1 Sec. 20. Minnesota Statutes 1998, section 116C.834, 79.2 subdivision 1, is amended to read: 79.3 Subdivision 1. [COSTS.] All costs incurred by the state to 79.4 carry out its responsibilities under the compact and under 79.5 sections 116C.833 to 116C.843 shall be paid by generators of 79.6 low-level radioactive waste in this state through fees assessed 79.7 by the pollution control agency.The agency shall assess the79.8fees in the manner provided in section 16A.1285.Fees may be 79.9 reasonably assessed on the basis of volume or degree of hazard 79.10 of the waste produced by a generator. Costs for which fees may 79.11 be assessed include, but are not limited to: 79.12 (1) the state contribution required to join the compact; 79.13 (2) the expenses of the Commission member and state agency 79.14 costs incurred to support the work of the Interstate Commission; 79.15 and 79.16 (3) regulatory costs. 79.17 Sec. 21. Minnesota Statutes 1998, section 144.98, 79.18 subdivision 3, is amended to read: 79.19 Subd. 3. [FEES.] (a) An application for certification 79.20 under subdivision 1 must be accompanied by the biennial fee 79.21 specified in this subdivision. The fees are for: 79.22 (1) base certification fee, $500; and 79.23 (2) test category certification fees: 79.24 Test Category Certification Fee 79.25 Bacteriology $200 79.26 Inorganic chemistry, fewer than four constituents $100 79.27 Inorganic chemistry, four or more constituents $300 79.28 Chemistry metals, fewer than four constituents $200 79.29 Chemistry metals, four or more constituents $500 79.30 Volatile organic compounds $600 79.31 Other organic compounds $600 79.32 (b) The total biennial certification fee is the base fee 79.33 plus the applicable test category fees. The biennial 79.34 certification fee for a contract laboratory is 1.5 times the 79.35 total certification fee. 79.36 (c) Laboratories located outside of this state that require 80.1 an on-site survey will be assessed an additional $1,200 fee. 80.2 (d)The commissioner of health may adjust fees under80.3section 16A.1285 without rulemaking.Fees must be set so that 80.4 the total fees support the laboratory certification program. 80.5 Direct costs of the certification service include program 80.6 administration, inspections, the agency's general support costs, 80.7 and attorney general costs attributable to the fee function. 80.8 Sec. 22. Minnesota Statutes 1998, section 176.102, 80.9 subdivision 14, is amended to read: 80.10 Subd. 14. [FEES.] The commissioner shall impose feesunder80.11section 16A.1285sufficient to cover the cost of approving and 80.12 monitoring qualified rehabilitation consultants, consultant 80.13 firms, and vendors of rehabilitation services. These fees are 80.14 payable to the special compensation fund. 80.15 Sec. 23. Minnesota Statutes 1998, section 183.375, 80.16 subdivision 5, is amended to read: 80.17 Subd. 5. [FEES.] All fees collected by the division of 80.18 boiler inspection shall be paid into the state treasury in the 80.19 manner provided by law for fees received by other state 80.20 departments and credited to the general fund.When fees are to80.21be set by the commissioner, they shall be set pursuant to80.22section 16A.1285.80.23 Sec. 24. Minnesota Statutes 1998, section 223.17, 80.24 subdivision 3, is amended to read: 80.25 Subd. 3. [GRAIN BUYERS AND STORAGE FUND; FEES.] The 80.26 commissioner shall set the fees for inspections under sections 80.27 223.15 to 223.22 at levels necessary to pay the expenses of 80.28 administering and enforcing sections 223.15 to 223.22.These80.29fees may be adjusted pursuant to the provisions of section80.3016A.1285.80.31 The fee for any license issued or renewed after June 30, 80.32 1997, shall be set according to the following schedule: 80.33 (a) $100 plus $50 for each additional location for grain 80.34 buyers whose gross annual purchases are less than $100,000; 80.35 (b) $200 plus $50 for each additional location for grain 80.36 buyers whose gross annual purchases are at least $100,000, but 81.1 not more than $750,000; 81.2 (c) $300 plus $100 for each additional location for grain 81.3 buyers whose gross annual purchases are more than $750,000 but 81.4 not more than $1,500,000; 81.5 (d) $400 plus $100 for each additional location for grain 81.6 buyers whose gross annual purchases are more than $1,500,000 but 81.7 not more than $3,000,000; and 81.8 (e) $500 plus $100 for each additional location for grain 81.9 buyers whose gross annual purchases are more than $3,000,000. 81.10 There is created in the state treasury the grain buyers and 81.11 storage fund. Money collected pursuant to sections 223.15 to 81.12 223.19 shall be paid into the state treasury and credited to the 81.13 grain buyers and storage fund and is appropriated to the 81.14 commissioner for the administration and enforcement of sections 81.15 223.15 to 223.22. 81.16 Sec. 25. Minnesota Statutes 1998, section 239.101, 81.17 subdivision 4, is amended to read: 81.18 Subd. 4. [SETTING WEIGHTS AND MEASURES FEES.] The 81.19 department shall review its schedule of inspection fees at the 81.20 end of each six months.When a review indicates that the81.21schedule of inspection fees should be adjusted, the commissioner81.22shall fix the fees by rule, in accordance with section 16A.1285,81.23to ensure that the fees charged are sufficient to recover all81.24costs connected with the inspections.81.25 Sec. 26. Minnesota Statutes 1998, section 299M.04, is 81.26 amended to read: 81.27 299M.04 [RULES; FEES; ORDERS; PENALTIES.] 81.28 The commissioner shall adopt permanent rules for operation 81.29 of the council; regulation by municipalities;permit, filing,81.30inspection, certificate, and license fees;qualifications, 81.31 examination, and licensing of fire protection contractors; 81.32 certification of journeyman sprinkler fitters; registration of 81.33 apprentices; and the administration and enforcement of this 81.34 chapter.Fees must be set under section 16A.1285.Permit fees 81.35 must be a percentage of the total cost of the fire protection 81.36 work. 82.1 The commissioner may issue a cease and desist order to 82.2 cease an activity considered an immediate risk to public health 82.3 or public safety. The commissioner shall adopt permanent rules 82.4 governing when an order may be issued; how long the order is 82.5 effective; notice requirements; and other procedures and 82.6 requirements necessary to implement, administer, and enforce the 82.7 provisions of this chapter. 82.8 The commissioner, in place of or in addition to licensing 82.9 sanctions allowed under this chapter, may impose a civil penalty 82.10 not greater than $1,000 for each violation of this chapter or 82.11 rule adopted under this chapter, for each day of violation. The 82.12 commissioner shall adopt permanent rules governing and 82.13 establishing procedures for implementation, administration, and 82.14 enforcement of this paragraph. 82.15 Sec. 27. Minnesota Statutes 1998, section 326.50, is 82.16 amended to read: 82.17 326.50 [APPLICATION; FEES.] 82.18 Application for an individual contracting pipefitter 82.19 competency or an individual journeyman pipefitter competency 82.20 license shall be made to the department of labor and industry, 82.21 with fees. The applicant shall be licensed only after passing 82.22 an examination by the department of labor and industry.Fees82.23and conditions for renewal of an individual contracting82.24pipefitter competency or an individual journeyman pipefitter82.25competency license shall be determined by the department by rule82.26under chapter 14 and section 16A.1285.82.27 Sec. 28. Minnesota Statutes 1998, section 326.86, 82.28 subdivision 1, is amended to read: 82.29 Subdivision 1. [LICENSING FEE.] The licensing fee for 82.30 persons licensed pursuant to sections 326.83 to 326.991 is $75 82.31 per year.The commissioner may adjust the fees under section82.3216A.1285 to recover the costs of administration and82.33enforcement.The fees must be limited to the cost of license 82.34 administration and enforcement and must be deposited in the 82.35 state treasury and credited to the general fund. 82.36 Sec. 29. [EFFECTIVE DATE.] 83.1 This article is effective July 1, 2000.