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HF 2420

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 04/13/2005

Current Version - as introduced

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A bill for an act
relating to state government; codifying transfer of
planning office to Department of Administration;
authorizing forward pricing for energy purchases;
reinstating Small Business Procurement Advisory
Council; appropriating money; amending Minnesota
Statutes 2004, sections 4.045; 4A.02; 4A.03; 4A.04;
4A.05, subdivisions 1, 1a, 2; 4A.07, subdivisions 2,
3, 4, 5; 14.3691, subdivision 2; 15A.0815, subdivision
2; 16B.87, subdivision 1; 16C.17, subdivision 2;
40A.121, subdivision 1; 43A.08, subdivision 1;
103F.211, subdivision 2; 116.182, subdivision 3a;
116C.03, subdivisions 2, 4, 5; 116C.712, subdivisions
3, 5; 124D.23, subdivision 9; 145.9255, subdivision 1;
145.9266, subdivision 6; 145.951; 245.697, subdivision
2a; 272.67, subdivision 1; 276A.09; 299A.293,
subdivision 1; 299C.65, subdivision 2; 365.46,
subdivision 2; 379.05; 412.021, subdivision 1;
412.091; 414.01, subdivisions 1, 16; 414.011,
subdivision 11; 414.031, subdivision 4a; 414.12,
subdivision 3; 469.334, subdivision 1; 473F.13,
subdivision 1; 473H.14; 477A.014, subdivision 4;
572A.015, subdivision 2; 572A.02, subdivisions 2, 5,
6; 611A.78, subdivision 1; proposing coding for new
law in Minnesota Statutes, chapter 16C; repealing
Minnesota Statutes 2004, sections 4A.01; 119A.04,
subdivision 3; 394.232; 414.01, subdivision 7a;
462.3535; 473.1455; 572A.01; 572A.03, subdivision 2;
Minnesota Rules, part 4410.0200, subpart 1a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

PLANNING OFFICE TRANSFER

Section 1.

Minnesota Statutes 2004, section 4.045, is
amended to read:


4.045 CHILDREN'S CABINET.

The Children's Cabinet shall consist of the commissioners
of education, human services, employment and economic
development, public safety, corrections, finance, health,
administration, Housing Finance Agency, and transportationdeleted text begin , and
the director of the Office of Strategic and Long-Range
Planning
deleted text end . The governor shall designate one member to serve as
cabinet chair. The chair is responsible for ensuring that the
duties of the Children's Cabinet are performed.

Sec. 2.

Minnesota Statutes 2004, section 4A.02, is amended
to read:


4A.02 STATE DEMOGRAPHER.

(a) The deleted text begin director deleted text end new text begin commissioner of administration new text end shall
appoint a state demographer. The demographer must be
professionally competent in demography and must possess
demonstrated ability based upon past performance.

(b) The demographer shall:

(1) continuously gather and develop demographic data
relevant to the state;

(2) design and test methods of research and data
collection;

(3) periodically prepare population projections for the
state and designated regions and periodically prepare
projections for each county or other political subdivision of
the state as necessary to carry out the purposes of this
section;

(4) review, comment on, and prepare analysis of population
estimates and projections made by state agencies, political
subdivisions, other states, federal agencies, or nongovernmental
persons, institutions, or commissions;

(5) serve as the state liaison with the United States
Bureau of the Census, coordinate state and federal demographic
activities to the fullest extent possible, and aid the
legislature in preparing a census data plan and form for each
decennial census;

(6) compile an annual study of population estimates on the
basis of county, regional, or other political or geographical
subdivisions as necessary to carry out the purposes of this
section and section 4A.03;

(7) by January 1 of each year, issue a report to the
legislature containing an analysis of the demographic
implications of the annual population study and population
projections;

(8) prepare maps for all counties in the state, all
municipalities with a population of 10,000 or more, and other
municipalities as needed for census purposes, according to scale
and detail recommended by the United States Bureau of the
Census, with the maps of cities showing precinct boundaries;

(9) prepare an estimate of population and of the number of
households for each governmental subdivision for which the
Metropolitan Council does not prepare an annual estimate, and
convey the estimates to the governing body of each political
subdivision by May 1 of each year;

(10) direct, under section 414.01, subdivision 14, and
certify population and household estimates of annexed or
detached areas of municipalities or towns after being notified
of the order or letter of approval by the deleted text begin director deleted text end new text begin commissioner
of administration
new text end ;

(11) prepare, for any purpose for which a population
estimate is required by law or needed to implement a law, a
population estimate of a municipality or town whose population
is affected by action under section 379.02 or 414.01,
subdivision 14; and

(12) prepare an estimate of average household size for each
statutory or home rule charter city with a population of 2,500
or more by May 1 of each year.

(c) A governing body may challenge an estimate made under
paragraph (b) by filing their specific objections in writing
with the state demographer by June 10. If the challenge does
not result in an acceptable estimate by June 24, the governing
body may have a special census conducted by the United States
Bureau of the Census. The political subdivision must notify the
state demographer by July 1 of its intent to have the special
census conducted. The political subdivision must bear all costs
of the special census. Results of the special census must be
received by the state demographer by the next April 15 to be
used in that year's May 1 estimate to the political subdivision
under paragraph (b).

Sec. 3.

Minnesota Statutes 2004, section 4A.03, is amended
to read:


4A.03 POPULATION ESTIMATES AND PROJECTIONS; SUBMISSION BY
STATE AGENCIES.

Each state agency shall submit to the deleted text begin director deleted text end new text begin commissioner
of administration
new text end for comment all population estimates and
projections prepared by it before:

(1) submitting the estimates and projections to the
legislature or the federal government to obtain approval of
grants;

(2) the issuance of bonds based upon those estimates and
projections; or

(3) releasing a plan based upon the estimates and
projections.

Sec. 4.

Minnesota Statutes 2004, section 4A.04, is amended
to read:


4A.04 COOPERATIVE CONTRACTS.

(a) The deleted text begin director deleted text end new text begin commissioner of administration new text end may apply
for, receive, and expend money from municipal, county, regional,
and other planning agencies; apply for, accept, and disburse
grants and other aids for planning purposes from the federal
government and from other public or private sources; and may
enter into contracts with agencies of the federal government,
local governmental units, the University of Minnesota, and other
educational institutions, and private persons as necessary to
perform the deleted text begin director's deleted text end new text begin commissioner's new text end duties. Contracts made
pursuant to this section are not subject to the provisions of
chapter 16C, as they relate to competitive bidding.

(b) The deleted text begin director deleted text end new text begin commissioner new text end may apply for, receive, and
expend money made available from federal sources or other
sources for the purposes of carrying out the duties and
responsibilities of the deleted text begin director deleted text end new text begin commissioner new text end relating to local
and urban affairs.

(c) All money received by the deleted text begin director deleted text end new text begin commissioner
new text end pursuant to this section shall be deposited in the state
treasury and is appropriated to the deleted text begin director deleted text end new text begin commissioner new text end for
the purposes for which the money has been received. The money
shall not cancel and is available until expended.

Sec. 5.

Minnesota Statutes 2004, section 4A.05,
subdivision 1, is amended to read:


Subdivision 1.

Purpose.

The purpose of the Land
Management Information Center is to foster integration of
environmental information and provide services in computer
mapping and graphics, environmental analysis, and small systems
development. The deleted text begin director deleted text end new text begin commissioner of administrationnew text end ,
through the center, shall periodically study land use and
natural resources on the basis of county, regional, and other
political subdivisions.

Sec. 6.

Minnesota Statutes 2004, section 4A.05,
subdivision 1a, is amended to read:


Subd. 1a.

Statewide nitrate database.

The deleted text begin director
deleted text end new text begin commissioner of administrationnew text end , through the center, shall
maintain a statewide nitrate database containing the data
described in section 103A.403.

Sec. 7.

Minnesota Statutes 2004, section 4A.05,
subdivision 2, is amended to read:


Subd. 2.

Fees.

The deleted text begin director deleted text end new text begin commissioner of
administration
new text end shall set fees under section 16A.1285 reflecting
the actual costs of providing the center's information products
and services to clients. Fees collected must be deposited in
the state treasury and credited to the Land Management
Information Center revolving account. Money in the account is
appropriated to the deleted text begin director deleted text end new text begin commissioner new text end for operation of the
land management information system, including the cost of
services, supplies, materials, labor, and equipment, as well as
the portion of the general support costs and statewide indirect
costs of the deleted text begin office deleted text end new text begin department new text end that is attributable to the land
management information system. The deleted text begin director deleted text end new text begin commissioner new text end may
require a state agency to make an advance payment to the
revolving fund sufficient to cover the agency's estimated
obligation for a period of 60 days or more. If the revolving
fund is abolished or liquidated, the total net profit from
operations must be distributed to the funds from which purchases
were made. The amount to be distributed to each fund must bear
to the net profit the same ratio as the total purchases from
each fund bear to the total purchases from all the funds during
a period of time that fairly reflects the amount of net profit
each fund is entitled to receive under this distribution.

Sec. 8.

Minnesota Statutes 2004, section 4A.07,
subdivision 2, is amended to read:


Subd. 2.

Planning guide.

The deleted text begin Office of Strategic and
Long-Range Planning
deleted text end new text begin Department of Administration new text end must develop
and publish a planning guide for local units of government to
plan for sustainable development, based on the principles of
sustainable development adopted by the Environmental Quality
Board with advice of the Governor's Round Table on Sustainable
Development. The deleted text begin office deleted text end new text begin department new text end must make the planning guide
available to local units of government within the state.

Sec. 9.

Minnesota Statutes 2004, section 4A.07,
subdivision 3, is amended to read:


Subd. 3.

Model ordinance.

The deleted text begin Office of Strategic and
Long-Range Planning
deleted text end new text begin Department of Administrationnew text end , in
consultation with appropriate and affected parties, must prepare
a model ordinance to guide sustainable development.

Sec. 10.

Minnesota Statutes 2004, section 4A.07,
subdivision 4, is amended to read:


Subd. 4.

Specificity and distribution.

The model
ordinance must specify the technical and administrative
procedures to guide sustainable development. When adopted by a
local unit of government, the model ordinance is the minimum
regulation to guide sustainable development that may be
adopted. Upon completion, the deleted text begin Office of Strategic and
Long-Range Planning
deleted text end new text begin Department of Administration new text end must notify
local units of government that the model ordinance is available,
and must distribute it to interested local units.

Sec. 11.

Minnesota Statutes 2004, section 4A.07,
subdivision 5, is amended to read:


Subd. 5.

Periodic review.

At least once every five
years, the deleted text begin planning office deleted text end new text begin Department of Administration new text end must
review the model ordinance and its use with local units of
government to ensure its continued applicability and relevance.

Sec. 12.

Minnesota Statutes 2004, section 14.3691,
subdivision 2, is amended to read:


Subd. 2.

Schedule.

(a) Rules of the Administration
Department, Agriculture Department, Education Department,
Commerce Department, Corrections Department, Employment and
Economic Development Department, Employee Relations Department,
and Health Department will be reviewed before and during the
legislative session in 2002. Policies and procedures of the
Board of Trustees of the Minnesota State Colleges and
Universities that would be rules if they were not exempt from
chapter 14 will be reviewed before and during the legislative
session in 2002.

(b) Rules of the Environmental Assistance Office, Board of
Teaching, Housing Finance Agency, Human Rights Department, Human
Services Department, Labor and Industry Department, and
Mediation Services Bureau will be reviewed before and during the
legislative session in 2003.

(c) Rules of the Natural Resources Department, Pollution
Control Agency, Public Safety Department, Public Service
Department, and Revenue Department will be reviewed before and
during the legislative session in 2004.

(d) Rules of the deleted text begin State Planning Agency,deleted text end Employment and
Economic Development Department, Transportation Department, deleted text begin and
deleted text end Veterans Affairs Departmentnew text begin , and Department of Administration
rules associated with the former Office of Strategic and
Long-Range Planning
new text end will be reviewed before and during the
legislative session in 2005.

Sec. 13.

Minnesota Statutes 2004, section 15A.0815,
subdivision 2, is amended to read:


Subd. 2.

Group i salary limits.

The salaries for
positions in this subdivision may not exceed 95 percent of the
salary of the governor:

Commissioner of administration;

Commissioner of agriculture;

Commissioner of education;

Commissioner of commerce;

Commissioner of corrections;

Commissioner of employee relations;

Commissioner of finance;

Commissioner of health;

Executive director, Higher Education Services Office;

Commissioner, Housing Finance Agency;

Commissioner of human rights;

Commissioner of human services;

Executive director, State Board of Investment;

Commissioner of labor and industry;

Commissioner of natural resources;

deleted text begin Director of Office of Strategic and Long-Range Planning;
deleted text end

Commissioner, Pollution Control Agency;

Commissioner of public safety;

Commissioner of revenue;

Commissioner of employment and economic development;

Commissioner of transportation; and

Commissioner of veterans affairs.

Sec. 14.

Minnesota Statutes 2004, section 16B.87,
subdivision 1, is amended to read:


Subdivision 1.

Committee.

The Productivity Loan
Committee consists of the commissioners of administration,
finance, revenue, and employee relationsdeleted text begin , and the state planning
director
deleted text end . The commissioner of administration serves as chair of
the committee. The members serve without compensation or
reimbursement for expenses.

Sec. 15.

Minnesota Statutes 2004, section 40A.121,
subdivision 1, is amended to read:


Subdivision 1.

Annexation prohibited.

Land within an
agricultural preserve that is within a township may not be
annexed to a municipality under chapter 414, unless the deleted text begin director
of the Office of Strategic and Long-Range Planning
deleted text end new text begin commissioner
of administration
new text end finds that either:

(1) the owner or the county has initiated termination of
the zone under section 40A.11;

(2) because of size, tax base, population or other relevant
factors, the township would not be able to provide normal
governmental functions and services; or

(3) the zone would be completely surrounded by lands within
a municipality.

Sec. 16.

Minnesota Statutes 2004, section 43A.08,
subdivision 1, is amended to read:


Subdivision 1.

Unclassified positions.

Unclassified
positions are held by employees who are:

(1) chosen by election or appointed to fill an elective
office;

(2) heads of agencies required by law to be appointed by
the governor or other elective officers, and the executive or
administrative heads of departments, bureaus, divisions, and
institutions specifically established by law in the unclassified
service;

(3) deputy and assistant agency heads and one confidential
secretary in the agencies listed in subdivision 1a deleted text begin and in the
Office of Strategic and Long-Range Planning
deleted text end ;

(4) the confidential secretary to each of the elective
officers of this state and, for the secretary of state and state
auditor, an additional deputy, clerk, or employee;

(5) intermittent help employed by the commissioner of
public safety to assist in the issuance of vehicle licenses;

(6) employees in the offices of the governor and of the
lieutenant governor and one confidential employee for the
governor in the Office of the Adjutant General;

(7) employees of the Washington, D.C., office of the state
of Minnesota;

(8) employees of the legislature and of legislative
committees or commissions; provided that employees of the
Legislative Audit Commission, except for the legislative
auditor, the deputy legislative auditors, and their confidential
secretaries, shall be employees in the classified service;

(9) presidents, vice-presidents, deans, other managers and
professionals in academic and academic support programs,
administrative or service faculty, teachers, research
assistants, and student employees eligible under terms of the
federal Economic Opportunity Act work study program in the
Perpich Center for Arts Education and the Minnesota State
Colleges and Universities, but not the custodial, clerical, or
maintenance employees, or any professional or managerial
employee performing duties in connection with the business
administration of these institutions;

(10) officers and enlisted persons in the National Guard;

(11) attorneys, legal assistants, and three confidential
employees appointed by the attorney general or employed with the
attorney general's authorization;

(12) judges and all employees of the judicial branch,
referees, receivers, jurors, and notaries public, except
referees and adjusters employed by the Department of Labor and
Industry;

(13) members of the State Patrol; provided that selection
and appointment of State Patrol troopers must be made in
accordance with applicable laws governing the classified
service;

(14) chaplains employed by the state;

(15) examination monitors and intermittent training
instructors employed by the Departments of Employee Relations
and Commerce and by professional examining boards and
intermittent staff employed by the technical colleges for the
administration of practical skills tests and for the staging of
instructional demonstrations;

(16) student workers;

(17) executive directors or executive secretaries appointed
by and reporting to any policy-making board or commission
established by statute;

(18) employees unclassified pursuant to other statutory
authority;

(19) intermittent help employed by the commissioner of
agriculture to perform duties relating to pesticides,
fertilizer, and seed regulation;

(20) the administrators and the deputy administrators at
the State Academies for the Deaf and the Blind; and

(21) chief executive officers in the Department of Human
Services.

Sec. 17.

Minnesota Statutes 2004, section 103F.211,
subdivision 2, is amended to read:


Subd. 2.

Intergovernmental advice.

The state Departments
of Agriculture, new text begin Administration,new text end Health, and Employment and
Economic Development; the deleted text begin State Planning and deleted text end Pollution Control
deleted text begin Agencies deleted text end new text begin Agencynew text end ; the Board of Water and Soil Resources; and the
Minnesota Historical Society shall provide information and
advice necessary to prepare or amend the standards and criteria.

Sec. 18.

Minnesota Statutes 2004, section 116.182,
subdivision 3a, is amended to read:


Subd. 3a.

Notification of other government units.

In
addition to other applicable statutes or rules that are required
to receive financial assistance consistent with this
subdivision, the commissioner may not approve or certify a
project to the Public Facilities Authority for wastewater
financial assistance unless the following requirements are met:

(1) prior to the initiation of the public facilities
planning process for a new wastewater treatment system, the
project proposer gives written notice to all municipalities
within ten miles of the proposed project service area, including
the county in which the project is located, the deleted text begin Office of
Strategic and Long-Range Planning
deleted text end new text begin Department of Administrationnew text end ,
and the Pollution Control Agency. The notice shall state the
proposer's intent to begin the facilities planning process and
provide a description of the need for the proposed project. The
notice also shall request a response within 30 days of the
notice date from all government units who wish to receive and
comment on the future facilities plan for the proposed project;

(2) during development of the facility plan's analysis of
service alternatives, the project proposer must request
information from all municipalities and sanitary districts which
have existing systems that have current capacity to meet the
proposer's needs or can be upgraded to meet those needs. At a
minimum, the proposer must notify in writing those
municipalities and sanitary districts whose corporate limits or
boundaries are within three miles of the proposed project's
service area;

(3) 60 days prior to the municipality's public hearing on
the facilities plan, a copy of the draft facilities plan and
notice of the public hearing on the facilities plan must be
given to the local government units who previously expressed
interest in the proposed project under clause (1);

(4) for a proposed project located or proposed to be
located outside the corporate limits of a city, the affected
county has certified to the agency that the proposed project is
consistent with the applicable county comprehensive plan and
zoning and subdivision regulations; and

(5) copies of the notifications required under clauses (1)
and (2), as well as the certification from the county and a
summary of the comments received, must be included by the
municipality in the submission of its facilities plan to the
Pollution Control Agency, along with other required items as
specified in the agency's rules.

This subdivision does not apply to the Western Lake
Superior Sanitary District or the Metropolitan Council.

Sec. 19.

Minnesota Statutes 2004, section 116C.03,
subdivision 2, is amended to read:


Subd. 2.

Membership.

The members of the board are
the deleted text begin director of the Office of Strategic and Long-Range
Planning
deleted text end new text begin commissioner of administrationnew text end , the commissioner of
commerce, the commissioner of the Pollution Control Agency, the
commissioner of natural resources, the director of the Office of
Environmental Assistance, the commissioner of agriculture, the
commissioner of health, the commissioner of employment and
economic development, the commissioner of transportation, the
chair of the Board of Water and Soil Resources, and a
representative of the governor's office designated by the
governor. The governor shall appoint five members from the
general public to the board, subject to the advice and consent
of the senate. At least two of the five public members must
have knowledge of and be conversant in water management issues
in the state. Notwithstanding the provisions of section 15.06,
subdivision 6, members of the board may not delegate their
powers and responsibilities as board members to any other person.

Sec. 20.

Minnesota Statutes 2004, section 116C.03,
subdivision 4, is amended to read:


Subd. 4.

Support.

Staff and consultant support for board
activities shall be provided by the deleted text begin Office of Strategic and
Long-Range Planning
deleted text end new text begin Department of Administrationnew text end . This support
shall be provided based upon an annual budget and work program
developed by the board and certified to the commissioner by the
chair of the board. The board shall have the authority to
request and require staff support from all other agencies of
state government as needed for the execution of the
responsibilities of the board.

Sec. 21.

Minnesota Statutes 2004, section 116C.03,
subdivision 5, is amended to read:


Subd. 5.

Administration.

The board shall contract with
the deleted text begin Office of Strategic and Long-Range Planning deleted text end new text begin Department of
Administration
new text end for administrative services necessary to the
board's activities. The services shall include personnel,
budget, payroll and contract administration.

Sec. 22.

Minnesota Statutes 2004, section 116C.712,
subdivision 3, is amended to read:


Subd. 3.

Council staff.

Staff support for council
activities must be provided by the deleted text begin Office of Strategic and
Long-Range Planning
deleted text end new text begin Department of Administrationnew text end . State
departments and agencies must cooperate with the council in the
performance of its duties. Upon the request of the chair of the
council, the governor may, by order, require a state department
or agency to furnish assistance necessary to carry out the
council's functions under this chapter.

Sec. 23.

Minnesota Statutes 2004, section 116C.712,
subdivision 5, is amended to read:


Subd. 5.

Assessment.

(a) A person, firm, corporation, or
association in the business of owning or operating a nuclear
fission electrical generating plant in this state shall pay an
assessment to cover the cost of:

(1) monitoring the federal high-level radioactive waste
program under the Nuclear Waste Policy Act, United States Code,
title 42, sections 10101 to 10226;

(2) advising the governor and the legislature on policy
issues relating to the federal high-level radioactive waste
disposal program;

(3) surveying existing literature and activity relating to
radioactive waste management, including storage, transportation,
and disposal, in the state;

(4) an advisory task force on low-level radioactive waste
deregulation, created by a law enacted in 1990 until July 1,
1996; and

(5) other general studies necessary to carry out the
purposes of this subdivision.

The assessment must not be more than the appropriation to
the deleted text begin Office of Strategic and Long-Range Planning deleted text end new text begin Department of
Administration
new text end for these purposes.

(b) The office shall bill the owner or operator of the
plant for the assessment at least 30 days before the start of
each quarter. The assessment for the second quarter of each
fiscal year must be adjusted to compensate for the amount by
which actual expenditures by the office for the preceding year
were more or less than the estimated expenditures previously
assessed. The billing may be made as an addition to the
assessments made under section 116C.69. The owner or operator
of the plant must pay the assessment within 30 days after
receipt of the bill. The assessment must be deposited in the
state treasury and credited to the special revenue fund.

(c) The authority for this assessment terminates when the
Department of Energy eliminates Minnesota from further siting
consideration for high-level radioactive waste by starting
construction of a high-level radioactive waste disposal site in
another state. The assessment required for any quarter must be
reduced by the amount of federal grant money received by the
deleted text begin Office of Strategic and Long-Range Planning deleted text end new text begin Department of
Administration
new text end for the purposes listed in this section.

(d) The deleted text begin director deleted text end new text begin commissioner new text end of deleted text begin the Office of Strategic
and Long-Range Planning
deleted text end new text begin administration new text end must report annually by
July 1 to the environment and natural resources new text begin policy and
finance
new text end committees of the senate and house of representativesdeleted text begin ,
the Finance Division of the senate Committee on Environment and
Natural Resources, and the house of representatives Committee on
Environment and Natural Resources Finance
deleted text end on activities assessed
under paragraph (a).

Sec. 24.

Minnesota Statutes 2004, section 124D.23,
subdivision 9, is amended to read:


Subd. 9.

Receipt of funds.

The deleted text begin Office of Strategic and
Long-Range Planning
deleted text end new text begin Department of Administration new text end may receive and
administer public and private funds for the purposes of Laws
1993, chapter 224.

Sec. 25.

Minnesota Statutes 2004, section 145.9255,
subdivision 1, is amended to read:


Subdivision 1.

Establishment.

The commissioner of
health, in consultation with deleted text begin a representative from Minnesota
planning
deleted text end new text begin the commissioner of administrationnew text end , the commissioner of
human services, and the commissioner of education, shall develop
and implement the Minnesota education now and babies later (MN
ENABL) program, targeted to adolescents ages 12 to 14, with the
goal of reducing the incidence of adolescent pregnancy in the
state and promoting abstinence until marriage. The program must
provide a multifaceted, primary prevention, community health
promotion approach to educating and supporting adolescents in
the decision to postpone sexual involvement modeled after the
ENABL program in California. The commissioner of health shall
consult with the chief of the health education section of the
California Department of Health Services for general guidance in
developing and implementing the program.

Sec. 26.

Minnesota Statutes 2004, section 145.9266,
subdivision 6, is amended to read:


Subd. 6.

Fetal alcohol coordinating board; duties.

(a)
The Fetal Alcohol Coordinating Board consists of:

(1) the commissioners of new text begin administration,new text end health, human
services, corrections, public safety, employment and economic
development, and education;

(2) deleted text begin the director of the Office of Strategic and Long-Range
Planning;
deleted text end

deleted text begin (3) deleted text end the chair of the Maternal and Child Health Advisory
Task Force established by section 145.881, or the chair's
designee;

deleted text begin (4) deleted text end new text begin (3) new text end a representative of the University of Minnesota
Academic Health Center, appointed by the provost;

deleted text begin (5) deleted text end new text begin (4) new text end five members from the general public appointed by
the governor, one of whom must be a family member of an
individual with fetal alcohol syndrome or fetal alcohol effect;
and

deleted text begin (6) deleted text end new text begin (5) new text end one member from the judiciary appointed by the
chief justice of the Supreme Court.

Terms, compensation, removal, and filling of vacancies of
appointed members are governed by section 15.0575. The board
shall elect a chair from its membership to serve a one-year
term. The commissioner of health shall provide staff and
consultant support for the board. Support must be provided
based on an annual budget and work plan developed by the board.
The board shall contract with the Department of Health for
necessary administrative services. Administrative services
include personnel, budget, payroll, and contract
administration. The board shall adopt an annual budget and work
program.

(b) Board duties include:

(1) reviewing programs of state agencies that involve fetal
alcohol syndrome and coordinating those that are
interdepartmental in nature;

(2) providing an integrated and comprehensive approach to
fetal alcohol syndrome prevention and intervention strategies
both at a local and statewide level;

(3) approving on an annual basis the statewide public
awareness campaign as designed and implemented by the
commissioner of health under subdivision 1;

(4) reviewing fetal alcohol syndrome community grants
administered by the commissioner of health under subdivision 4;
and

(5) submitting a report to the governor on January 15 of
each odd-numbered year summarizing board operations, activities,
findings, and recommendations, and fetal alcohol syndrome
activities throughout the state.

(c) The board expires on January 1, 2001.

Sec. 27.

Minnesota Statutes 2004, section 145.951, is
amended to read:


145.951 CHILDREN HELPED IN LONG-TERM DEVELOPMENT;
IMPLEMENTATION PLAN.

The commissioner of health, in consultation with the
commissioners of new text begin administration;new text end education; corrections; public
safety; and human services, and with the directors of deleted text begin the Office
of Strategic and Long-Range Planning,
deleted text end the Council on Disabilitydeleted text begin ,
deleted text end and the councils and commission under sections 3.922 to 3.9226,
may develop an implementation plan for the establishment of a
statewide program to assist families in developing the full
potential of their children. The program must be designed to
strengthen the family, to reduce the risk of abuse to children,
and to promote the long-term development of children in their
home environments. The program must also be designed to use
volunteers to provide support to parents, and to link parents
with existing public health, education, and social services as
appropriate.

Sec. 28.

Minnesota Statutes 2004, section 245.697,
subdivision 2a, is amended to read:


Subd. 2a.

Subcommittee on children's mental health.

The
State Advisory Council on Mental Health (the "advisory council")
must have a Subcommittee on Children's Mental Health. The
subcommittee must make recommendations to the advisory council
on policies, laws, regulations, and services relating to
children's mental health. Members of the subcommittee must
include:

(1) the commissioners or designees of the commissioners of
the Departments of new text begin Administration,new text end Human Services, Health,
Education, deleted text begin State Planning,deleted text end and Corrections;

(2) the commissioner of commerce or a designee of the
commissioner who is knowledgeable about medical insurance
issues;

(3) at least one representative of an advocacy group for
children with emotional disturbances;

(4) providers of children's mental health services,
including at least one provider of services to preadolescent
children, one provider of services to adolescents, and one
hospital-based provider;

(5) parents of children who have emotional disturbances;

(6) a present or former consumer of adolescent mental
health services;

(7) educators currently working with emotionally disturbed
children;

(8) people knowledgeable about the needs of emotionally
disturbed children of minority races and cultures;

(9) people experienced in working with emotionally
disturbed children who have committed status offenses;

(10) members of the advisory council;

(11) one person from the local corrections department and
one representative of the Minnesota District Judges Association
Juvenile Committee; and

(12) county commissioners and social services agency
representatives.

The chair of the advisory council shall appoint
subcommittee members described in clauses (3) to (11) through
the process established in section 15.0597. The chair shall
appoint members to ensure a geographical balance on the
subcommittee. Terms, compensation, removal, and filling of
vacancies are governed by subdivision 1, except that terms of
subcommittee members who are also members of the advisory
council are coterminous with their terms on the advisory
council. The subcommittee shall meet at the call of the
subcommittee chair who is elected by the subcommittee from among
its members. The subcommittee expires with the expiration of
the advisory council.

Sec. 29.

Minnesota Statutes 2004, section 272.67,
subdivision 1, is amended to read:


Subdivision 1.

Change in status of municipality.

If a municipality is dissolved, is consolidated with all or
part of another municipality, annexes territory, has a portion
of its territory detached from it, or is newly incorporated, the
secretary of state shall immediately certify that fact to the
commissioner of revenue. The secretary of state shall also
certify to the commissioner of revenue the current population of
the new, enlarged, or successor municipality, if determined by
the deleted text begin director deleted text end new text begin commissioner new text end of deleted text begin the Office of Strategic and
Long-Range Planning
deleted text end new text begin administration new text end incident to consolidation,
annexation, or incorporation proceedings. The population so
certified shall govern for purposes of sections 276A.01 to
276A.09 until the state demographer files the first population
estimate as of a later date with the commissioner of revenue.
If an annexation of unincorporated land occurs without
proceedings before the deleted text begin director deleted text end new text begin commissioner new text end of deleted text begin the Office of
Strategic and Long-Range Planning
deleted text end new text begin administrationnew text end , the population
of the annexing municipality as previously determined shall
continue to govern for purposes of sections 276A.01 to 276A.09
until the state demographer files the first population estimate
as of a later date with the commissioner of revenue.

Sec. 31.

Minnesota Statutes 2004, section 299A.293,
subdivision 1, is amended to read:


Subdivision 1.

Establishment; membership.

A Chemical
Abuse and Violence Prevention Council consisting of 19 members
is established. The commissioners of new text begin administration,new text end public
safety, education, health, corrections, and human servicesdeleted text begin , the
director of the Office of Strategic and Long-Range Planning,
deleted text end and
the attorney general shall each appoint one member from among
their employees. The speaker of the house of representatives
and the Subcommittee on Committees of the senate shall each
appoint a legislative member. The governor shall appoint an
additional ten members who shall represent the demographic and
geographic composition of the state and, to the extent possible,
shall represent the following: public health; education
including preschool, elementary, and higher education; social
services; financial aid services; chemical dependency treatment;
law enforcement; prosecution; defense; the judiciary;
corrections; treatment research professionals; drug abuse
prevention professionals; the business sector; religious
leaders; representatives of racial and ethnic minority
communities; and other community representatives. The members
shall designate one of the governor's appointees as chair of the
council. Compensation and removal of members are governed by
section 15.059.

Sec. 32.

Minnesota Statutes 2004, section 299C.65,
subdivision 2, is amended to read:


Subd. 2.

Report, task force.

(a) The policy group shall
file an annual report with the governor, Supreme Court, and
chairs and ranking minority members of the senate and house
committees and divisions with jurisdiction over criminal justice
funding and policy by December 1 of each year.

(b) The report must make recommendations concerning any
legislative changes or appropriations that are needed to ensure
that the criminal justice information systems operate accurately
and efficiently. To assist them in developing their
recommendations, the policy group shall appoint a task force
consisting of its members or their designees and the following
additional members:

(1) deleted text begin the director of the Office of Strategic and Long-Range
Planning;
deleted text end

deleted text begin (2) deleted text end two sheriffs recommended by the Minnesota Sheriffs
Association;

deleted text begin (3) deleted text end new text begin (2) new text end two police chiefs recommended by the Minnesota
Chiefs of Police Association;

deleted text begin (4) deleted text end new text begin (3) new text end two county attorneys recommended by the Minnesota
County Attorneys Association;

deleted text begin (5) deleted text end new text begin (4) new text end two city attorneys recommended by the Minnesota
League of Cities;

deleted text begin (6) deleted text end new text begin (5) new text end two public defenders appointed by the Board of
Public Defense;

deleted text begin (7) deleted text end new text begin (6) new text end two district judges appointed by the Conference of
Chief Judges, one of whom is currently assigned to the juvenile
court;

deleted text begin (8) deleted text end new text begin (7) new text end two community corrections administrators
recommended by the Minnesota Association of Counties, one of
whom represents a community corrections act county;

deleted text begin (9) deleted text end new text begin (8) new text end two probation officers;

deleted text begin (10) deleted text end new text begin (9) new text end four public members, one of whom has been a victim
of crime, and two who are representatives of the private
business community who have expertise in integrated information
systems;

deleted text begin (11) deleted text end new text begin (10) new text end two court administrators;

deleted text begin (12) deleted text end new text begin (11) new text end one member of the house of representatives
appointed by the speaker of the house;

deleted text begin (13) deleted text end new text begin (12) new text end one member of the senate appointed by the
majority leader;

deleted text begin (14) deleted text end new text begin (13) new text end the attorney general or a designee;

deleted text begin (15) deleted text end new text begin (14) new text end the commissioner of administration or a designee;

deleted text begin (16) deleted text end new text begin (15) new text end an individual recommended by the Minnesota League
of Cities; and

deleted text begin (17) deleted text end new text begin (16) new text end an individual recommended by the Minnesota
Association of Counties.

In making these appointments, the appointing authority shall
select members with expertise in integrated data systems or best
practices.

(c) The commissioner of public safety may appoint
additional, nonvoting members to the task force as necessary
from time to time.

Sec. 33.

Minnesota Statutes 2004, section 365.46,
subdivision 2, is amended to read:


Subd. 2.

Copies.

The county auditor shall also send a
copy of the notice of the dissolution to: (1) the state
demographer, (2) the Land Management Information Center, (3) the
deleted text begin director of the Office of Strategic and Long-Range Planning
deleted text end new text begin commissioner of administrationnew text end , and (4) the commissioner of
transportation.

Sec. 34.

Minnesota Statutes 2004, section 379.05, is
amended to read:


379.05 AUDITOR TO ABSTRACT REPORT FOR AGENCIES, ENTER TOWN
RECORD.

Each county auditor shall within 30 days after any such
town is organized transmit by mail to the commissioner of
revenue, the secretary of state, the state demographer, the Land
Management Information Center, the deleted text begin director of the Office of
Strategic and Long-Range Planning
deleted text end new text begin commissioner of
administration
new text end , and the commissioner of transportation an
abstract of such report, giving the name and boundaries of such
town and record in a book kept for that purpose a full
description of each such town.

Sec. 35.

Minnesota Statutes 2004, section 412.021,
subdivision 1, is amended to read:


Subdivision 1.

Election.

Upon the filing of the
certificate with the secretary of state, if the vote is in favor
of incorporation, the judges of election appointed by the
deleted text begin director deleted text end new text begin commissioner new text end of deleted text begin the Office of Strategic and Long-Range
Planning
deleted text end new text begin administration new text end or the county board as the case may be,
shall fix a day at least 15 and not more than 30 days thereafter
and a place for the holding of an election for officers. The
judges shall also fix the time, not less than three hours,
during which the polls shall remain open at the election and
shall post a notice setting forth the time and place of such
election in three public places in the city for at least ten
days preceding the election.

Sec. 36.

Minnesota Statutes 2004, section 412.091, is
amended to read:


412.091 DISSOLUTION.

Whenever a number of voters equal to one-third of those
voting at the last preceding city election petition the deleted text begin director
deleted text end new text begin commissioner new text end of deleted text begin the Office of Strategic and Long-Range Planning
deleted text end new text begin administration new text end therefor, a special election shall be called to
vote upon the question of dissolving the city. Before the
election, the deleted text begin director deleted text end new text begin commissioner new text end shall designate a time and
place for a hearing in accordance with section 414.09. After
the hearing the deleted text begin director deleted text end new text begin commissioner new text end shall issue an order which
shall include a date for the election, a determination of what
town or towns the territory of the city shall belong to if the
voters favor dissolution, and other necessary provisions. The
ballots used at such election shall bear the printed words, "For
Dissolution" and "Against Dissolution," with a square before
each phrase in which the voter may express a preference by a
cross. If a majority of those voting on the question favor
dissolution, the clerk shall file a certificate of the result
with the deleted text begin director deleted text end new text begin commissionernew text end , the secretary of state and the
county auditor of the county in which the city is situated. Six
months after the date of such election, the city shall cease to
exist. Within such six months, the council shall audit all
claims against the city, settle with the treasurer, and other
city officers, and apply the assets of the city to the payment
of its debts. If any debts remain unpaid, other than bonds, the
city clerk shall file a schedule of such debts with the county
treasurer and the council shall levy a tax sufficient for their
payment, the proceeds of which, when collected, shall be paid by
the county treasurer to the creditors in proportion to their
several claims until all are discharged. The principal and
interest on outstanding bonds shall be paid when due by the
county treasurer from a tax annually spread by the county
auditor against property formerly included within the city until
the bonds are fully paid. All city property and all rights of
the city shall, upon dissolution, inure in the town or towns
designated as the legal successor to the city. If the city
territory goes to more than one town, surplus cash assets and
unsold city property shall be distributed as provided by the
order for the election.

Sec. 37.

Minnesota Statutes 2004, section 414.01,
subdivision 1, is amended to read:


Subdivision 1.

A duty of deleted text begin planning director deleted text end new text begin commissionernew text end .

Among the duties of the deleted text begin director of the Office of Strategic and
Long-Range Planning
deleted text end new text begin commissioner new text end is the duty to conduct
proceedings, make determinations, and issue orders for the
creation of a municipality, the combination of two or more
governmental units, or the alteration of a municipal boundary.

Sec. 38.

Minnesota Statutes 2004, section 414.01,
subdivision 16, is amended to read:


Subd. 16.

Compelled meetings; report.

In any proceeding
under this chapter, the deleted text begin director deleted text end new text begin commissioner new text end or conductor of
the proceeding may at any time in the process require
representatives from the involved city, town, county, political
subdivision, or other governmental entity to meet together to
discuss resolution of issues raised by the petition or order
that confers jurisdiction on the deleted text begin director deleted text end new text begin commissioner new text end and other
issues of mutual concern. The deleted text begin director deleted text end new text begin commissioner new text end or
conductor of the proceeding may require that the parties meet at
least three times during a 60-day period. The parties shall
designate a person to report to the deleted text begin director deleted text end new text begin commissioner new text end or
conductor of the proceeding on the results of the meetings
immediately after the last meeting.

Sec. 39.

Minnesota Statutes 2004, section 414.011,
subdivision 11, is amended to read:


Subd. 11.

deleted text begin director deleted text end new text begin commissionernew text end .

" deleted text begin Director deleted text end new text begin Commissioner new text end "
means the deleted text begin director deleted text end new text begin commissioner new text end of the deleted text begin Office of Strategic and
Long-Range Planning
deleted text end new text begin Department of Administrationnew text end .

Sec. 40.

Minnesota Statutes 2004, section 414.031,
subdivision 4a, is amended to read:


Subd. 4a.

Providing for election of new municipal
officers.

(a) Any annexation order under this section for
annexation by a single municipality of an entire township shall
include a provision for the election of new municipal officers
in accordance with section 414.09. The deleted text begin director of the office
of strategic and long-range planning, or the director's
designee,
deleted text end new text begin commissioner new text end may also order an election of new
municipal officers in accordance with section 414.09 as part of
any other annexation order under this section if the deleted text begin director or
the director's designee
deleted text end new text begin commissioner new text end determines that such an
election would be equitable.

(b) The expanded municipality shall be governed by the home
rule charter or statutory form which governs the annexing
municipality, except that any ward system for the election of
council members shall be inoperable.

(c) The ordinances of both the annexing municipality and
the township shall continue in effect within the former
boundaries until repealed by the governing body of the new
municipality.

(d) Notwithstanding any other provision of law to the
contrary, the deleted text begin director of the Office of Strategic and Long-Range
Planning, or the director's designee,
deleted text end new text begin commissioner new text end may provide
for election of council members by wards, not less than three
nor more than seven in number, whose limits are prescribed in
the deleted text begin director's deleted text end new text begin commissioner's new text end order, upon a finding that area
representation is required to accord proper representation in
the municipality because of uneven population density in
different parts thereof or the existence of agricultural lands
therein which are in the path of suburban development; but after
four years from the effective date of an annexation the council
of the municipality may by resolution adopted by a four-fifths
vote abolish the ward system and provide for the election of all
council members at large.

(e) Until the effective date of the annexation order, the
town board and other officers of the town shall continue to
exercise their powers and duties under the town laws in that
portion of the municipality that was formerly the town, and the
council and other officers of the annexing municipality shall
continue to exercise their powers and duties in that portion of
the expanded municipality that was formerly the municipality.
Thereafter the town board and the council of the annexing
municipality shall have no jurisdiction within the municipality,
and the new municipal council and other new officers shall act
in respect to any matters previously undertaken by the town
board of supervisors or municipal council within the limits of
the expanded municipality, including the making of any
improvement and the levying of any special assessments therefor
in the same manner and to the same effect as if such improvement
had been undertaken by the municipality.

(f) The new municipal council may continue or discontinue
any board that may have previously existed in the town or former
municipality.

Sec. 41.

Minnesota Statutes 2004, section 414.12,
subdivision 3, is amended to read:


Subd. 3.

Cost of proceedings.

(a) The parties to any
matter directed to alternative dispute resolution under
subdivision 1 or delegated to the Office of Administrative
Hearings under subdivision 2 must pay the costs of the
alternative dispute resolution process or hearing in the
proportions that they agree to.

(b) Notwithstanding section 14.53 or other law, the deleted text begin office
of strategic and long-range planning
deleted text end new text begin Department of
Administration
new text end is not liable for the costs.

(c) If the parties do not agree to a division of the costs
before the commencement of mediation, arbitration, or hearing,
the costs must be allocated on an equitable basis by the
mediator, arbitrator, or chief administrative law judge.

(d) The chief administrative law judge may contract with
the parties to a matter directed or delegated to the Office of
Administrative Hearings under subdivisions 1 and 2 for the
purpose of providing administrative law judges and reporters for
an administrative proceeding or alternative dispute resolution.

(e) The chief administrative law judge shall assess the
cost of services rendered as provided by section 14.53.

Sec. 42.

Minnesota Statutes 2004, section 469.334,
subdivision 1, is amended to read:


Subdivision 1.

Commissioner to designate.

(a) The
commissioner, in consultation with the commissioner of revenue
and the deleted text begin director deleted text end new text begin commissioner new text end of deleted text begin the Office of Strategic and
Long-Range Planning
deleted text end new text begin administrationnew text end , shall designate not more
than one biotechnology and health sciences industry zone.
Priority must be given to applicants with a development plan
that links a higher education/research institution with a
biotechnology and health sciences industry facility.

(b) The commissioner may consult with the applicant prior
to the designation of the zone. The commissioner may modify the
development plan, including the boundaries of the zone or
subzones, if in the commissioner's opinion a modified plan would
better meet the objectives of the biotechnology and health
sciences industry zone program. The commissioner shall notify
the applicant of the modifications and provide a statement of
the reasons for the modifications.

Sec. 43.

Minnesota Statutes 2004, section 473F.13,
subdivision 1, is amended to read:


Subdivision 1.

Certification of change in status.

If a
municipality is dissolved, is consolidated with all or part of
another municipality, annexes territory, has a portion of its
territory detached from it, or is newly incorporated, the
secretary of state shall immediately certify that fact to the
commissioner of revenue. The secretary of state shall also
certify to the commissioner of revenue the current population of
the new, enlarged, or successor municipality, if determined by
the deleted text begin director deleted text end new text begin commissioner new text end of deleted text begin the Office of Strategic and
Long-Range Planning
deleted text end new text begin administration new text end incident to consolidation,
annexation, or incorporation proceedings. The population so
certified shall govern for purposes of sections 473F.01 to
473F.13 until the Metropolitan Council files its first
population estimate as of a later date with the commissioner of
revenue. If an annexation of unincorporated land occurs without
proceedings before the deleted text begin director deleted text end new text begin commissionernew text end , the population of
the annexing municipality as previously determined shall
continue to govern for purposes of sections 473F.01 to 473F.13
until the Metropolitan Council files its first population
estimate as of a later date with the commissioner of revenue.

Sec. 44.

Minnesota Statutes 2004, section 473H.14, is
amended to read:


473H.14 ANNEXATION PROCEEDINGS.

Agricultural preserve land within a township shall not be
annexed to a municipality pursuant to chapter 414, without a
specific finding by the deleted text begin director deleted text end new text begin commissioner new text end of deleted text begin the Office of
Strategic and Long-Range Planning
deleted text end new text begin administration new text end that either (a)
the expiration period as provided for in section 473H.08 has
begun; (b) the township due to size, tax base, population or
other relevant factors would not be able to provide normal
governmental functions and services; or (c) the agricultural
preserve would be completely surrounded by lands within a
municipality.

This section shall not apply to annexation agreements
approved under proceedings authorized by chapter 414 prior to
creation of the preserve.

Sec. 45.

Minnesota Statutes 2004, section 477A.014,
subdivision 4, is amended to read:


Subd. 4.

Costs.

The deleted text begin director deleted text end new text begin commissioner new text end of deleted text begin the Office
of Strategic and Long-Range Planning
deleted text end new text begin administration new text end shall
annually bill the commissioner of revenue for one-half of the
costs incurred by the state demographer in the preparation of
materials required by section 4A.02. The state auditor shall
bill the commissioner of revenue for the costs of best practices
reviews and the services provided by the Government Information
Division and the parts of the constitutional office that are
related to the government information function, not to exceed
$217,000 each fiscal year. The commissioner of administration
shall bill the commissioner of revenue for the costs of the
local government records program and the intergovernmental
information systems activity, not to exceed $205,800 each fiscal
year. The commissioner of employee relations shall bill the
commissioner of revenue for the costs of administering the local
government pay equity function, not to exceed $55,000 each
fiscal year.

Sec. 46.

Minnesota Statutes 2004, section 572A.015,
subdivision 2, is amended to read:


Subd. 2.

Mediation.

Within ten days of receiving a
request for mediation that the deleted text begin director deleted text end new text begin commissioner new text end of deleted text begin the
Office of Strategic and Long-Range Planning
deleted text end new text begin administration new text end has
required under section 414.12, subdivision 1, the bureau shall
provide written notice of the request for mediation to the
parties and provide a list of neutrals experienced in land use
planning and local government issues obtained from the Supreme
Court, Bureau of Mediation Services, Minnesota State Bar
Association, Hennepin County Bar Association, Office of Dispute
Resolution, and others. Within 30 days thereafter, the affected
parties, shall select a mediator from the list of neutrals or
someone else acceptable to the parties and submit to mediation
for a period of 30 days facilitated by the bureau. If the
dispute remains unresolved after the close of the 30-day
mediation period, the bureau shall prepare a report of its
recommendations and transmit the report within 30 days to the
parties. Within 60 days after the date of issuance of the
mediator's report, the dispute shall be submitted to binding
arbitration as provided in this chapter. The mediator's report
submitted to the parties is informational only and is not
admissible in arbitration.

Sec. 47.

Minnesota Statutes 2004, section 572A.02,
subdivision 2, is amended to read:


Subd. 2.

Appointment of panel.

(a) The parties shall
each appoint one qualified arbitrator within 30 days of issuance
of the mediation report. If a party does not appoint an
arbitrator within 30 days, the Bureau of Mediation Services
shall appoint a qualified arbitrator from the list of neutrals
under deleted text begin sections 572A.01, subdivision 2, and deleted text end new text begin section new text end 572A.015,
subdivision 2, or someone else for the party. The parties shall
notify the bureau prior to the close of the 30-day appointment
period of the name and address of their respective appointed
arbitrator. Each party is responsible for the fees and expenses
for the arbitrator it selects.

(b) After appointment of the two arbitrators to the
arbitration panel by the parties, or by the bureau should one or
both of the parties fail to act, the two appointed arbitrators
shall appoint a third arbitrator who must be learned in the law,
within 15 days of the close of the initial 30-day arbitrator
appointment period. If the arbitrators cannot agree on the
selection of the third arbitrator within 15 days, the
arbitrators shall jointly submit a request to the district court
of the county in which the disputed area is located in
accordance with the selection procedures established in section
572.10. Within 15 days of receipt of an application by the
district court, the district court shall select a neutral
arbitrator and notify the parties and the Bureau of Mediation
Services of the name and address of the selected arbitrator.
The fees and expenses of the third arbitrator shall be shared
equally by the parties. The third appointed arbitrator shall
act as chair of the arbitration panel and shall conduct the
proceedings. If the district court selects the third
arbitrator, the date required for first hearing the matter may
be extended an additional 15 days.

Sec. 48.

Minnesota Statutes 2004, section 572A.02,
subdivision 5, is amended to read:


Subd. 5.

Decision factors.

In comprehensive planning
disputes, the arbitration panel shall consider deleted text begin the goals stated
in section 4A.08 and
deleted text end the following factors in making a
decision. In all other disputes brought under this section, the
arbitration panel shall consider the following factors in making
a decision:

(1) present population and number of households, past
population, and projected population growth of the subject area
and adjacent units of local government;

(2) quantity of land within the subject area and adjacent
units of local government; and natural terrain including
recognizable physical features, general topography, major
watersheds, soil conditions, and such natural features as
rivers, lakes, and major bluffs;

(3) degree of contiguity of the boundaries between the
municipality and the subject area;

(4) present pattern of physical development, planning, and
intended land uses in the subject area and the municipality
including residential, industrial, commercial, agricultural, and
institutional land uses and the impact of the proposed action on
those land uses;

(5) the present transportation network and potential
transportation issues, including proposed highway development;

(6) land use controls and planning presently being utilized
in the municipality and the subject area, including
comprehensive plans for development in the area and plans and
policies of the Metropolitan Council, and whether there are
inconsistencies between proposed development and existing land
use controls and the reasons therefore;

(7) existing levels of governmental services being provided
in the municipality and the subject area, including water and
sewer service, fire rating and protection, law enforcement,
street improvements and maintenance, administrative services,
and recreational facilities and the impact of the proposed
action on the delivery of said services;

(8) existing or potential environmental problems and
whether the proposed action is likely to improve or resolve
these problems;

(9) plans and programs by the municipality for providing
needed governmental services to the subject area;

(10) an analysis of the fiscal impact on the municipality,
the subject area, and adjacent units of local government,
including net tax capacity and the present bonded indebtedness,
and the local tax rates of the county, school district, and
township;

(11) relationship and effect of the proposed action on
affected and adjacent school districts and communities;

(12) adequacy of town government to deliver services to the
subject area;

(13) analysis of whether necessary governmental services
can best be provided through the proposed action or another type
of boundary adjustment; and

(14) if only a part of a township is annexed, the ability
of the remainder of the township to continue or the feasibility
of it being incorporated separately or being annexed to another
municipality.

Any party to the proceeding may present evidence and testimony
on any of the above factors at the hearing on the matter.

Sec. 49.

Minnesota Statutes 2004, section 572A.02,
subdivision 6, is amended to read:


Subd. 6.

Decision.

The arbitrators, after a hearing on
the matter, shall make a decision regarding the dispute within
60 days and transmit an order to the parties and the deleted text begin Office of
Strategic and Long-Range Planning
deleted text end new text begin Department of Administrationnew text end .
Unless appealed by an aggrieved party within 30 days of receipt
of the arbitration panel's order by the deleted text begin office deleted text end new text begin departmentnew text end ,
the deleted text begin office deleted text end new text begin department new text end shall execute an order in accordance with
the arbitration panel's order and shall cause copies of the same
to be mailed to all parties entitled to mailed notice, the
secretary of state, the Department of Revenue, the state
demographer, individual property owners if initiated in that
manner, the affected county auditor, and any other party of
record. The affected county auditor shall record the order
against the affected property.

Sec. 50.

Minnesota Statutes 2004, section 611A.78,
subdivision 1, is amended to read:


Subdivision 1.

Membership.

A crime victim services
roundtable is created and shall be convened by the commissioner
of administration or a designee. The roundtable membership
shall include representatives from the following: the
Departments of Health; Human Services; Corrections; and Public
Safety; the Supreme Court; deleted text begin the Minnesota Planning Agency;deleted text end the
Office of the Attorney General; the Office of Crime Victim
Ombudsman; the County Attorneys Association; and the Office of
Dispute Resolution. The roundtable membership shall also
include one person representing the four councils designated in
sections 3.922, 3.9223, 3.9225, and 3.9226.

Sec. 51. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall change "director" or
"director's" to "commissioner" or "commissioner's," as
appropriate, in the following sections of Minnesota Statutes:
414.01; 414.012; 414.02; 414.031; 414.0325; 414.033; 414.0335;
414.051; 414.06; 414.061; 414.063; 414.067; 414.08; 414.09; and
414.12.
new text end

new text begin (b) The revisor of statutes shall recode Minnesota
Statutes, chapter 4A, into Minnesota Statutes, chapter 16B.
new text end

new text begin (c) The revisor of statutes shall make the following
changes, with appropriate grammatical corrections, in Minnesota
Rules:
new text end

new text begin (1) change "State Planning Agency" to "Department of
Administration" and "agency" to "department" in chapter 4310;
new text end

new text begin (2) change "State Planning Agency" to "Department of
Employment and Economic Development" and delete "pursuant to the
recommendation of the director of the planning division and" in
part 4350.3120;
new text end

new text begin (3) change "Minnesota Municipal Board" and "board" to
"Department of Administration" and "department" in chapter 6000;
new text end

new text begin (4) delete "State Planning Agency and the" in part
6100.7400, subpart 4;
new text end

new text begin (5) delete item D in part 6105.1080;
new text end

new text begin (6) delete "as mapped on the inventory of significant
resources by the State Planning Agency" in parts 7851.0340,
7853.0420, 7853.0610, 7855.0340, 7855.0440, 7855.0540, and
7855.0640; and
new text end

new text begin (7) delete "State Planning Agency" in parts 8106.0700,
9210.0160, and 9210.0360.
new text end

Sec. 52. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 4A.01; 119A.04,
subdivision 3; 394.232; 414.01, subdivision 7a; 462.3535;
473.1455; 572A.01; and 572A.03, subdivision 2; and Minnesota
Rules, part 4410.0200, subpart 1a, are repealed.
new text end

ARTICLE 2

GENERAL

Section 1.

new text begin [16C.154] ENERGY FORWARD PRICING MECHANISMS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The following definitions
apply in this section:
new text end

new text begin (1) "energy" means natural gas, heating oil, propane, and
any other energy source except electricity used in state
facilities; and
new text end

new text begin (2) "forward pricing mechanism" means a contract or
financial instrument that obligates a state agency to buy or
sell a specified quantity of energy at a future date at a set
price.
new text end

new text begin Subd. 2. new text end

new text begin Authority. new text end

new text begin Notwithstanding any other law to the
contrary, the Department of Administration may use forward
pricing mechanisms for budget risk reduction.
new text end

new text begin Subd. 3. new text end

new text begin Conditions. new text end

new text begin Forward pricing mechanism
transactions must be made only under the following conditions:
new text end

new text begin (1) the quantity of energy affected by the forward pricing
mechanism must not exceed the estimated energy use for the state
agency for the same period; and
new text end

new text begin (2) a separate account must be established for each state
agency using a forward pricing mechanism.
new text end

new text begin Subd. 4.new text end

new text begin Written policies and procedures.new text end

new text begin Before
exercising the authority under this section, the Department of
Administration must develop written policies and procedures
governing the use of forward pricing mechanisms.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2004, section 16C.17,
subdivision 2, is amended to read:


Subd. 2.

Advisory council.

The Small Business
Procurement Advisory Council consists of 13 members appointed by
the commissioner of administration. A chair of the advisory
council shall be elected from among the members. The
appointments are subject to the appointments program provided by
section 15.0597. The terms, compensation, and removal of
members are as provided in section 15.059. Notwithstanding
section 15.059, the council expires June 30, deleted text begin 2003 deleted text end new text begin 2006new text end .

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin (a) The commissioner of finance must transfer any
outstanding balance from the expired technology enterprise fund
to the general fund.
new text end

new text begin (b) $117,000 in fiscal year 2005 is appropriated from the
general fund to the commissioner of administration for the
purpose of completing small agency infrastructure and electronic
government services projects funded through the technology
enterprise fund and underway but not completed when the
technology enterprise fund enabling language was repealed in
2003. This appropriation is available until June 30, 2006.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end