3rd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 03/01/2004 | |
1st Engrossment | Posted on 03/10/2004 | |
2nd Engrossment | Posted on 04/22/2004 | |
3rd Engrossment | Posted on 05/14/2004 |
1.1 A bill for an act 1.2 relating to state government; codifying transfer of 1.3 planning office to Department of Administration; 1.4 authorizing forward pricing for energy purchases; 1.5 reinstating Small Business Procurement Advisory 1.6 Council; appropriating money; amending Minnesota 1.7 Statutes 2002, sections 4A.03; 4A.04; 4A.05, 1.8 subdivisions 1, 1a, 2; 4A.07, subdivisions 2, 3, 4, 5; 1.9 16B.87, subdivision 1; 16C.17, subdivision 2; 116.182, 1.10 subdivision 3a; 116C.03, subdivisions 4, 5; 116C.712, 1.11 subdivisions 3, 5; 124D.23, subdivision 9; 299C.65, 1.12 subdivision 2; Minnesota Statutes 2003 Supplement, 1.13 sections 4.045; 4A.02; 14.3691, subdivision 2; 1.14 15A.0815, subdivision 2; 40A.121, subdivision 1; 1.15 43A.08, subdivision 1; 103F.211, subdivision 2; 1.16 116C.03, subdivision 2; 145.9255, subdivision 1; 1.17 145.9266, subdivision 6; 145.951; 245.697, subdivision 1.18 2a; 299A.293, subdivision 1; 365.46, subdivision 2; 1.19 412.021, subdivision 1; 469.334, subdivision 1; 1.20 477A.014, subdivision 4; 611A.78, subdivision 1; 1.21 proposing coding for new law in Minnesota Statutes, 1.22 chapter 16C. 1.23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.24 ARTICLE 1 1.25 PLANNING OFFICE TRANSFER 1.26 Section 1. Minnesota Statutes 2003 Supplement, section 1.27 4.045, is amended to read: 1.28 4.045 [CHILDREN'S CABINET.] 1.29 The Children's Cabinet shall consist of the commissioners 1.30 of education, human services, economic security, public safety, 1.31 corrections, finance, health, administration, Housing Finance 1.32 Agency, and transportation, and the director of the Office of1.33Strategic and Long-Range Planning. The governor shall designate 1.34 one member to serve as cabinet chair. The chair is responsible 2.1 for ensuring that the duties of the Children's Cabinet are 2.2 performed. 2.3 Sec. 2. Minnesota Statutes 2003 Supplement, section 4A.02, 2.4 is amended to read: 2.5 4A.02 [STATE DEMOGRAPHER.] 2.6 (a) Thedirectorcommissioner of administration shall 2.7 appoint a state demographer. The demographer must be 2.8 professionally competent in demography and must possess 2.9 demonstrated ability based upon past performance. 2.10 (b) The demographer shall: 2.11 (1) continuously gather and develop demographic data 2.12 relevant to the state; 2.13 (2) design and test methods of research and data 2.14 collection; 2.15 (3) periodically prepare population projections for the 2.16 state and designated regions and periodically prepare 2.17 projections for each county or other political subdivision of 2.18 the state as necessary to carry out the purposes of this 2.19 section; 2.20 (4) review, comment on, and prepare analysis of population 2.21 estimates and projections made by state agencies, political 2.22 subdivisions, other states, federal agencies, or nongovernmental 2.23 persons, institutions, or commissions; 2.24 (5) serve as the state liaison with the United States 2.25 Bureau of the Census, coordinate state and federal demographic 2.26 activities to the fullest extent possible, and aid the 2.27 legislature in preparing a census data plan and form for each 2.28 decennial census; 2.29 (6) compile an annual study of population estimates on the 2.30 basis of county, regional, or other political or geographical 2.31 subdivisions as necessary to carry out the purposes of this 2.32 section and section 4A.03; 2.33 (7) by January 1 of each year, issue a report to the 2.34 legislature containing an analysis of the demographic 2.35 implications of the annual population study and population 2.36 projections; 3.1 (8) prepare maps for all counties in the state, all 3.2 municipalities with a population of 10,000 or more, and other 3.3 municipalities as needed for census purposes, according to scale 3.4 and detail recommended by the United States Bureau of the 3.5 Census, with the maps of cities showing precinct boundaries; 3.6 (9) prepare an estimate of population and of the number of 3.7 households for each governmental subdivision for which the 3.8 Metropolitan Council does not prepare an annual estimate, and 3.9 convey the estimates to the governing body of each political 3.10 subdivision by May 1 of each year; 3.11 (10) direct, under section 414.01, subdivision 14, and 3.12 certify population and household estimates of annexed or 3.13 detached areas of municipalities or towns after being notified 3.14 of the order or letter of approval by thedirectorcommissioner 3.15 of administration; 3.16 (11) prepare, for any purpose for which a population 3.17 estimate is required by law or needed to implement a law, a 3.18 population estimate of a municipality or town whose population 3.19 is affected by action under section 379.02 or 414.01, 3.20 subdivision 14; and 3.21 (12) prepare an estimate of average household size for each 3.22 statutory or home rule charter city with a population of 2,500 3.23 or more by May 1 of each year. 3.24 (c) A governing body may challenge an estimate made under 3.25 paragraph (b) by filing their specific objections in writing 3.26 with the state demographer by June 10. If the challenge does 3.27 not result in an acceptable estimate by June 24, the governing 3.28 body may have a special census conducted by the United States 3.29 Bureau of the Census. The political subdivision must notify the 3.30 state demographer by July 1 of its intent to have the special 3.31 census conducted. The political subdivision must bear all costs 3.32 of the special census. Results of the special census must be 3.33 received by the state demographer by the next April 15 to be 3.34 used in that year's May 1 estimate to the political subdivision 3.35 under paragraph (b). 3.36 Sec. 3. Minnesota Statutes 2002, section 4A.03, is amended 4.1 to read: 4.2 4A.03 [POPULATION ESTIMATES AND PROJECTIONS; SUBMISSION BY 4.3 STATE AGENCIES.] 4.4 Each state agency shall submit to thedirectorcommissioner 4.5 of administration for comment all population estimates and 4.6 projections prepared by it before: 4.7 (1) submitting the estimates and projections to the 4.8 legislature or the federal government to obtain approval of 4.9 grants; 4.10 (2) the issuance of bonds based upon those estimates and 4.11 projections; or 4.12 (3) releasing a plan based upon the estimates and 4.13 projections. 4.14 Sec. 4. Minnesota Statutes 2002, section 4A.04, is amended 4.15 to read: 4.16 4A.04 [COOPERATIVE CONTRACTS.] 4.17 (a) Thedirectorcommissioner of administration may apply 4.18 for, receive, and expend money from municipal, county, regional, 4.19 and other planning agencies; apply for, accept, and disburse 4.20 grants and other aids for planning purposes from the federal 4.21 government and from other public or private sources; and may 4.22 enter into contracts with agencies of the federal government, 4.23 local governmental units, the University of Minnesota, and other 4.24 educational institutions, and private persons as necessary to 4.25 perform thedirector'scommissioner's duties. Contracts made 4.26 pursuant to this section are not subject to the provisions of 4.27 chapter 16C, as they relate to competitive bidding. 4.28 (b) Thedirectorcommissioner may apply for, receive, and 4.29 expend money made available from federal sources or other 4.30 sources for the purposes of carrying out the duties and 4.31 responsibilities of thedirectorcommissioner relating to local 4.32 and urban affairs. 4.33 (c) All money received by thedirectorcommissioner 4.34 pursuant to this section shall be deposited in the state 4.35 treasury and is appropriated to thedirectorcommissioner for 4.36 the purposes for which the money has been received. The money 5.1 shall not cancel and is available until expended. 5.2 Sec. 5. Minnesota Statutes 2002, section 4A.05, 5.3 subdivision 1, is amended to read: 5.4 Subdivision 1. [PURPOSE.] The purpose of the Land 5.5 Management Information Center is to foster integration of 5.6 environmental information and provide services in computer 5.7 mapping and graphics, environmental analysis, and small systems 5.8 development. Thedirectorcommissioner of administration, 5.9 through the center, shall periodically study land use and 5.10 natural resources on the basis of county, regional, and other 5.11 political subdivisions. 5.12 Sec. 6. Minnesota Statutes 2002, section 4A.05, 5.13 subdivision 1a, is amended to read: 5.14 Subd. 1a. [STATEWIDE NITRATE DATABASE.] Thedirector5.15 commissioner of administration, through the center, shall 5.16 maintain a statewide nitrate database containing the data 5.17 described in section 103A.403. 5.18 Sec. 7. Minnesota Statutes 2002, section 4A.05, 5.19 subdivision 2, is amended to read: 5.20 Subd. 2. [FEES.] Thedirectorcommissioner of 5.21 administration shall set fees under section 16A.1285 reflecting 5.22 the actual costs of providing the center's information products 5.23 and services to clients. Fees collected must be deposited in 5.24 the state treasury and credited to the Land Management 5.25 Information Center revolving account. Money in the account is 5.26 appropriated to thedirectorcommissioner for operation of the 5.27 land management information system, including the cost of 5.28 services, supplies, materials, labor, and equipment, as well as 5.29 the portion of the general support costs and statewide indirect 5.30 costs of theofficedepartment that is attributable to the land 5.31 management information system. Thedirectorcommissioner may 5.32 require a state agency to make an advance payment to the 5.33 revolving fund sufficient to cover the agency's estimated 5.34 obligation for a period of 60 days or more. If the revolving 5.35 fund is abolished or liquidated, the total net profit from 5.36 operations must be distributed to the funds from which purchases 6.1 were made. The amount to be distributed to each fund must bear 6.2 to the net profit the same ratio as the total purchases from 6.3 each fund bear to the total purchases from all the funds during 6.4 a period of time that fairly reflects the amount of net profit 6.5 each fund is entitled to receive under this distribution. 6.6 Sec. 8. Minnesota Statutes 2002, section 4A.07, 6.7 subdivision 2, is amended to read: 6.8 Subd. 2. [PLANNING GUIDE.] TheOffice of Strategic and6.9Long-Range PlanningDepartment of Administration must develop 6.10 and publish a planning guide for local units of government to 6.11 plan for sustainable development, based on the principles of 6.12 sustainable development adopted by the Environmental Quality 6.13 Board with advice of the Governor's Round Table on Sustainable 6.14 Development. Theofficedepartment must make the planning guide 6.15 available to local units of government within the state. 6.16 Sec. 9. Minnesota Statutes 2002, section 4A.07, 6.17 subdivision 3, is amended to read: 6.18 Subd. 3. [MODEL ORDINANCE.] TheOffice of Strategic and6.19Long-Range PlanningDepartment of Administration, in 6.20 consultation with appropriate and affected parties, must prepare 6.21 a model ordinance to guide sustainable development. 6.22 Sec. 10. Minnesota Statutes 2002, section 4A.07, 6.23 subdivision 4, is amended to read: 6.24 Subd. 4. [SPECIFICITY AND DISTRIBUTION.] The model 6.25 ordinance must specify the technical and administrative 6.26 procedures to guide sustainable development. When adopted by a 6.27 local unit of government, the model ordinance is the minimum 6.28 regulation to guide sustainable development that may be 6.29 adopted. Upon completion, theOffice of Strategic and6.30Long-Range PlanningDepartment of Administration must notify 6.31 local units of government that the model ordinance is available, 6.32 and must distribute it to interested local units. 6.33 Sec. 11. Minnesota Statutes 2002, section 4A.07, 6.34 subdivision 5, is amended to read: 6.35 Subd. 5. [PERIODIC REVIEW.] At least once every five 6.36 years, theplanning officeDepartment of Administration must 7.1 review the model ordinance and its use with local units of 7.2 government to ensure its continued applicability and relevance. 7.3 Sec. 12. Minnesota Statutes 2003 Supplement, section 7.4 14.3691, subdivision 2, is amended to read: 7.5 Subd. 2. [SCHEDULE.] (a) Rules of the Administration 7.6 Department, Agriculture Department, Education Department, 7.7 Commerce Department, Corrections Department, Economic Security 7.8 Department, Employee Relations Department, and Health Department 7.9 will be reviewed before and during the legislative session in 7.10 2002. Policies and procedures of the Board of Trustees of the 7.11 Minnesota State Colleges and Universities that would be rules if 7.12 they were not exempt from chapter 14 will be reviewed before and 7.13 during the legislative session in 2002. 7.14 (b) Rules of the Environmental Assistance Office, Board of 7.15 Teaching, Housing Finance Agency, Human Rights Department, Human 7.16 Services Department, Labor and Industry Department, and 7.17 Mediation Services Bureau will be reviewed before and during the 7.18 legislative session in 2003. 7.19 (c) Rules of the Natural Resources Department, Pollution 7.20 Control Agency, Public Safety Department, Public Service 7.21 Department, and Revenue Department will be reviewed before and 7.22 during the legislative session in 2004. 7.23 (d) Rules of theState Planning Agency,Employment and 7.24 Economic Development Department, Transportation Department,and7.25 Veterans Affairs Department, and Department of Administration 7.26 rules associated with the former Office of Strategic and 7.27 Long-Range Planning will be reviewed before and during the 7.28 legislative session in 2005. 7.29 Sec. 13. Minnesota Statutes 2003 Supplement, section 7.30 15A.0815, subdivision 2, is amended to read: 7.31 Subd. 2. [GROUP I SALARY LIMITS.] The salaries for 7.32 positions in this subdivision may not exceed 95 percent of the 7.33 salary of the governor: 7.34 Commissioner of administration; 7.35 Commissioner of agriculture; 7.36 Commissioner of education; 8.1 Commissioner of commerce; 8.2 Commissioner of corrections; 8.3 Commissioner of economic security; 8.4 Commissioner of employee relations; 8.5 Commissioner of finance; 8.6 Commissioner of health; 8.7 Executive director, Higher Education Services Office; 8.8 Commissioner, Housing Finance Agency; 8.9 Commissioner of human rights; 8.10 Commissioner of human services; 8.11 Executive director, State Board of Investment; 8.12 Commissioner of labor and industry; 8.13 Commissioner of natural resources; 8.14Director of Office of Strategic and Long-Range Planning;8.15 Commissioner, Pollution Control Agency; 8.16 Commissioner of public safety; 8.17 Commissioner of revenue; 8.18 Commissioner of employment and economic development; 8.19 Commissioner of transportation; and 8.20 Commissioner of veterans affairs. 8.21 Sec. 14. Minnesota Statutes 2002, section 16B.87, 8.22 subdivision 1, is amended to read: 8.23 Subdivision 1. [COMMITTEE.] The Productivity Loan 8.24 Committee consists of the commissioners of administration, 8.25 finance, revenue, and employee relations, and the state planning8.26director. The commissioner of administration serves as chair of 8.27 the committee. The members serve without compensation or 8.28 reimbursement for expenses. 8.29 Sec. 15. Minnesota Statutes 2003 Supplement, section 8.30 40A.121, subdivision 1, is amended to read: 8.31 Subdivision 1. [ANNEXATION PROHIBITED.] Land within an 8.32 agricultural preserve that is within a township may not be 8.33 annexed to a municipality under chapter 414, unless thedirector8.34of the Office of Strategic and Long-Range Planningcommissioner 8.35 of administration finds that either: 8.36 (1) the owner or the county has initiated termination of 9.1 the zone under section 40A.11; 9.2 (2) because of size, tax base, population or other relevant 9.3 factors, the township would not be able to provide normal 9.4 governmental functions and services; or 9.5 (3) the zone would be completely surrounded by lands within 9.6 a municipality. 9.7 Sec. 16. Minnesota Statutes 2003 Supplement, section 9.8 43A.08, subdivision 1, is amended to read: 9.9 Subdivision 1. [UNCLASSIFIED POSITIONS.] Unclassified 9.10 positions are held by employees who are: 9.11 (1) chosen by election or appointed to fill an elective 9.12 office; 9.13 (2) heads of agencies required by law to be appointed by 9.14 the governor or other elective officers, and the executive or 9.15 administrative heads of departments, bureaus, divisions, and 9.16 institutions specifically established by law in the unclassified 9.17 service; 9.18 (3) deputy and assistant agency heads and one confidential 9.19 secretary in the agencies listed in subdivision 1aand in the9.20Office of Strategic and Long-Range Planning; 9.21 (4) the confidential secretary to each of the elective 9.22 officers of this state and, for the secretary of state and state 9.23 auditor, an additional deputy, clerk, or employee; 9.24 (5) intermittent help employed by the commissioner of 9.25 public safety to assist in the issuance of vehicle licenses; 9.26 (6) employees in the offices of the governor and of the 9.27 lieutenant governor and one confidential employee for the 9.28 governor in the Office of the Adjutant General; 9.29 (7) employees of the Washington, D.C., office of the state 9.30 of Minnesota; 9.31 (8) employees of the legislature and of legislative 9.32 committees or commissions; provided that employees of the 9.33 Legislative Audit Commission, except for the legislative 9.34 auditor, the deputy legislative auditors, and their confidential 9.35 secretaries, shall be employees in the classified service; 9.36 (9) presidents, vice-presidents, deans, other managers and 10.1 professionals in academic and academic support programs, 10.2 administrative or service faculty, teachers, research 10.3 assistants, and student employees eligible under terms of the 10.4 federal Economic Opportunity Act work study program in the 10.5 Perpich Center for Arts Education and the Minnesota State 10.6 Colleges and Universities, but not the custodial, clerical, or 10.7 maintenance employees, or any professional or managerial 10.8 employee performing duties in connection with the business 10.9 administration of these institutions; 10.10 (10) officers and enlisted persons in the National Guard; 10.11 (11) attorneys, legal assistants, and three confidential 10.12 employees appointed by the attorney general or employed with the 10.13 attorney general's authorization; 10.14 (12) judges and all employees of the judicial branch, 10.15 referees, receivers, jurors, and notaries public, except 10.16 referees and adjusters employed by the Department of Labor and 10.17 Industry; 10.18 (13) members of the State Patrol; provided that selection 10.19 and appointment of State Patrol troopers must be made in 10.20 accordance with applicable laws governing the classified 10.21 service; 10.22 (14) chaplains employed by the state; 10.23 (15) examination monitors and intermittent training 10.24 instructors employed by the Departments of Employee Relations 10.25 and Commerce and by professional examining boards and 10.26 intermittent staff employed by the technical colleges for the 10.27 administration of practical skills tests and for the staging of 10.28 instructional demonstrations; 10.29 (16) student workers; 10.30 (17) executive directors or executive secretaries appointed 10.31 by and reporting to any policy-making board or commission 10.32 established by statute; 10.33 (18) employees unclassified pursuant to other statutory 10.34 authority; 10.35 (19) intermittent help employed by the commissioner of 10.36 agriculture to perform duties relating to pesticides, 11.1 fertilizer, and seed regulation; 11.2 (20) the administrators and the deputy administrators at 11.3 the state academies for the deaf and the blind; and 11.4 (21) chief executive officers in the Department of Human 11.5 Services. 11.6 Sec. 17. Minnesota Statutes 2003 Supplement, section 11.7 103F.211, subdivision 2, is amended to read: 11.8 Subd. 2. [INTERGOVERNMENTAL ADVICE.] The state Departments 11.9 of Agriculture, Administration, Health, and Employment and 11.10 Economic Development; theState Planning andPollution Control 11.11AgenciesAgency; the Board of Water and Soil Resources; and the 11.12 Minnesota Historical Society shall provide information and 11.13 advice necessary to prepare or amend the standards and criteria. 11.14 Sec. 18. Minnesota Statutes 2002, section 116.182, 11.15 subdivision 3a, is amended to read: 11.16 Subd. 3a. [NOTIFICATION OF OTHER GOVERNMENT UNITS.] In 11.17 addition to other applicable statutes or rules that are required 11.18 to receive financial assistance consistent with this 11.19 subdivision, the commissioner may not approve or certify a 11.20 project to the Public Facilities Authority for wastewater 11.21 financial assistance unless the following requirements are met: 11.22 (1) prior to the initiation of the public facilities 11.23 planning process for a new wastewater treatment system, the 11.24 project proposer gives written notice to all municipalities 11.25 within ten miles of the proposed project service area, including 11.26 the county in which the project is located, theOffice of11.27Strategic and Long-Range PlanningDepartment of Administration, 11.28 and the Pollution Control Agency. The notice shall state the 11.29 proposer's intent to begin the facilities planning process and 11.30 provide a description of the need for the proposed project. The 11.31 notice also shall request a response within 30 days of the 11.32 notice date from all government units who wish to receive and 11.33 comment on the future facilities plan for the proposed project; 11.34 (2) during development of the facility plan's analysis of 11.35 service alternatives, the project proposer must request 11.36 information from all municipalities and sanitary districts which 12.1 have existing systems that have current capacity to meet the 12.2 proposer's needs or can be upgraded to meet those needs. At a 12.3 minimum, the proposer must notify in writing those 12.4 municipalities and sanitary districts whose corporate limits or 12.5 boundaries are within three miles of the proposed project's 12.6 service area; 12.7 (3) 60 days prior to the municipality's public hearing on 12.8 the facilities plan, a copy of the draft facilities plan and 12.9 notice of the public hearing on the facilities plan must be 12.10 given to the local government units who previously expressed 12.11 interest in the proposed project under clause (1); 12.12 (4) for a proposed project located or proposed to be 12.13 located outside the corporate limits of a city, the affected 12.14 county has certified to the agency that the proposed project is 12.15 consistent with the applicable county comprehensive plan and 12.16 zoning and subdivision regulations; and 12.17 (5) copies of the notifications required under clauses (1) 12.18 and (2), as well as the certification from the county and a 12.19 summary of the comments received, must be included by the 12.20 municipality in the submission of its facilities plan to the 12.21 Pollution Control Agency, along with other required items as 12.22 specified in the agency's rules. 12.23 This subdivision does not apply to the Western Lake 12.24 Superior Sanitary District or the Metropolitan Council. 12.25 Sec. 19. Minnesota Statutes 2003 Supplement, section 12.26 116C.03, subdivision 2, is amended to read: 12.27 Subd. 2. [MEMBERSHIP.] The members of the board are 12.28 thedirector of the Office of Strategic and Long-Range12.29Planningcommissioner of administration, the commissioner of 12.30 commerce, the commissioner of the Pollution Control Agency, the 12.31 commissioner of natural resources, the director of the Office of 12.32 Environmental Assistance, the commissioner of agriculture, the 12.33 commissioner of health, the commissioner of employment and 12.34 economic development, the commissioner of transportation, the 12.35 chair of the Board of Water and Soil Resources, and a 12.36 representative of the governor's office designated by the 13.1 governor. The governor shall appoint five members from the 13.2 general public to the board, subject to the advice and consent 13.3 of the senate. At least two of the five public members must 13.4 have knowledge of and be conversant in water management issues 13.5 in the state. Notwithstanding the provisions of section 15.06, 13.6 subdivision 6, members of the board may not delegate their 13.7 powers and responsibilities as board members to any other person. 13.8 Sec. 20. Minnesota Statutes 2002, section 116C.03, 13.9 subdivision 4, is amended to read: 13.10 Subd. 4. [SUPPORT.] Staff and consultant support for board 13.11 activities shall be provided by theOffice of Strategic and13.12Long-Range PlanningDepartment of Administration. This support 13.13 shall be provided based upon an annual budget and work program 13.14 developed by the board and certified to the commissioner by the 13.15 chair of the board. The board shall have the authority to 13.16 request and require staff support from all other agencies of 13.17 state government as needed for the execution of the 13.18 responsibilities of the board. 13.19 Sec. 21. Minnesota Statutes 2002, section 116C.03, 13.20 subdivision 5, is amended to read: 13.21 Subd. 5. [ADMINISTRATION.] The board shall contract with 13.22 theOffice of Strategic and Long-Range PlanningDepartment of 13.23 Administration for administrative services necessary to the 13.24 board's activities. The services shall include personnel, 13.25 budget, payroll and contract administration. 13.26 Sec. 22. Minnesota Statutes 2002, section 116C.712, 13.27 subdivision 3, is amended to read: 13.28 Subd. 3. [COUNCIL STAFF.] Staff support for council 13.29 activities must be provided by theOffice of Strategic and13.30Long-Range PlanningDepartment of Administration. State 13.31 departments and agencies must cooperate with the council in the 13.32 performance of its duties. Upon the request of the chair of the 13.33 council, the governor may, by order, require a state department 13.34 or agency to furnish assistance necessary to carry out the 13.35 council's functions under this chapter. 13.36 Sec. 23. Minnesota Statutes 2002, section 116C.712, 14.1 subdivision 5, is amended to read: 14.2 Subd. 5. [ASSESSMENT.] (a) A person, firm, corporation, or 14.3 association in the business of owning or operating a nuclear 14.4 fission electrical generating plant in this state shall pay an 14.5 assessment to cover the cost of: 14.6 (1) monitoring the federal high-level radioactive waste 14.7 program under the Nuclear Waste Policy Act, United States Code, 14.8 title 42, sections 10101 to 10226; 14.9 (2) advising the governor and the legislature on policy 14.10 issues relating to the federal high-level radioactive waste 14.11 disposal program; 14.12 (3) surveying existing literature and activity relating to 14.13 radioactive waste management, including storage, transportation, 14.14 and disposal, in the state; 14.15 (4) an advisory task force on low-level radioactive waste 14.16 deregulation, created by a law enacted in 1990 until July 1, 14.17 1996; and 14.18 (5) other general studies necessary to carry out the 14.19 purposes of this subdivision. 14.20 The assessment must not be more than the appropriation to 14.21 theOffice of Strategic and Long-Range PlanningDepartment of 14.22 Administration for these purposes. 14.23 (b) The office shall bill the owner or operator of the 14.24 plant for the assessment at least 30 days before the start of 14.25 each quarter. The assessment for the second quarter of each 14.26 fiscal year must be adjusted to compensate for the amount by 14.27 which actual expenditures by the office for the preceding year 14.28 were more or less than the estimated expenditures previously 14.29 assessed. The billing may be made as an addition to the 14.30 assessments made under section 116C.69. The owner or operator 14.31 of the plant must pay the assessment within 30 days after 14.32 receipt of the bill. The assessment must be deposited in the 14.33 state treasury and credited to the special revenue fund. 14.34 (c) The authority for this assessment terminates when the 14.35 Department of Energy eliminates Minnesota from further siting 14.36 consideration for high-level radioactive waste by starting 15.1 construction of a high-level radioactive waste disposal site in 15.2 another state. The assessment required for any quarter must be 15.3 reduced by the amount of federal grant money received by the 15.4Office of Strategic and Long-Range PlanningDepartment of 15.5 Administration for the purposes listed in this section. 15.6 (d) Thedirectorcommissioner ofthe Office of Strategic15.7and Long-Range Planningadministration must report annually by 15.8 July 1 to the environment and natural resources policy and 15.9 finance committees of the senate and house of representatives,15.10the Finance Division of the senate Committee on Environment and15.11Natural Resources, and the house of representatives Committee on15.12Environment and Natural Resources Financeon activities assessed 15.13 under paragraph (a). 15.14 Sec. 24. Minnesota Statutes 2002, section 124D.23, 15.15 subdivision 9, is amended to read: 15.16 Subd. 9. [RECEIPT OF FUNDS.] TheOffice of Strategic and15.17Long-Range PlanningDepartment of Administration may receive and 15.18 administer public and private funds for the purposes of Laws 15.19 1993, chapter 224. 15.20 Sec. 25. Minnesota Statutes 2003 Supplement, section 15.21 145.9255, subdivision 1, is amended to read: 15.22 Subdivision 1. [ESTABLISHMENT.] The commissioner of 15.23 health, in consultation witha representative from Minnesota15.24planningthe commissioner of administration, the commissioner of 15.25 human services, and the commissioner of education, shall develop 15.26 and implement the Minnesota education now and babies later (MN 15.27 ENABL) program, targeted to adolescents ages 12 to 14, with the 15.28 goal of reducing the incidence of adolescent pregnancy in the 15.29 state and promoting abstinence until marriage. The program must 15.30 provide a multifaceted, primary prevention, community health 15.31 promotion approach to educating and supporting adolescents in 15.32 the decision to postpone sexual involvement modeled after the 15.33 ENABL program in California. The commissioner of health shall 15.34 consult with the chief of the health education section of the 15.35 California Department of Health Services for general guidance in 15.36 developing and implementing the program. 16.1 Sec. 26. Minnesota Statutes 2003 Supplement, section 16.2 145.9266, subdivision 6, is amended to read: 16.3 Subd. 6. [FETAL ALCOHOL COORDINATING BOARD; DUTIES.] (a) 16.4 The Fetal Alcohol Coordinating Board consists of: 16.5 (1) the commissioners of administration, health, human 16.6 services, corrections, public safety, economic security, and 16.7 education; 16.8 (2)the director of the Office of Strategic and Long-Range16.9Planning;16.10(3)the chair of the Maternal and Child Health Advisory 16.11 Task Force established by section 145.881, or the chair's 16.12 designee; 16.13(4)(3) a representative of the University of Minnesota 16.14 Academic Health Center, appointed by the provost; 16.15(5)(4) five members from the general public appointed by 16.16 the governor, one of whom must be a family member of an 16.17 individual with fetal alcohol syndrome or fetal alcohol effect; 16.18 and 16.19(6)(5) one member from the judiciary appointed by the 16.20 chief justice of the Supreme Court. 16.21 Terms, compensation, removal, and filling of vacancies of 16.22 appointed members are governed by section 15.0575. The board 16.23 shall elect a chair from its membership to serve a one-year 16.24 term. The commissioner of health shall provide staff and 16.25 consultant support for the board. Support must be provided 16.26 based on an annual budget and work plan developed by the board. 16.27 The board shall contract with the Department of Health for 16.28 necessary administrative services. Administrative services 16.29 include personnel, budget, payroll, and contract 16.30 administration. The board shall adopt an annual budget and work 16.31 program. 16.32 (b) Board duties include: 16.33 (1) reviewing programs of state agencies that involve fetal 16.34 alcohol syndrome and coordinating those that are 16.35 interdepartmental in nature; 16.36 (2) providing an integrated and comprehensive approach to 17.1 fetal alcohol syndrome prevention and intervention strategies 17.2 both at a local and statewide level; 17.3 (3) approving on an annual basis the statewide public 17.4 awareness campaign as designed and implemented by the 17.5 commissioner of health under subdivision 1; 17.6 (4) reviewing fetal alcohol syndrome community grants 17.7 administered by the commissioner of health under subdivision 4; 17.8 and 17.9 (5) submitting a report to the governor on January 15 of 17.10 each odd-numbered year summarizing board operations, activities, 17.11 findings, and recommendations, and fetal alcohol syndrome 17.12 activities throughout the state. 17.13 (c) The board expires on January 1, 2001. 17.14 Sec. 27. Minnesota Statutes 2003 Supplement, section 17.15 145.951, is amended to read: 17.16 145.951 [CHILDREN HELPED IN LONG-TERM DEVELOPMENT; 17.17 IMPLEMENTATION PLAN.] 17.18 The commissioner of health, in consultation with the 17.19 commissioners of administration; education; corrections; public 17.20 safety; and human services, and with the directors ofthe Office17.21of Strategic and Long-Range Planning,the Council on Disability,17.22 and the councils and commission under sections 3.922 to 3.9226, 17.23 may develop an implementation plan for the establishment of a 17.24 statewide program to assist families in developing the full 17.25 potential of their children. The program must be designed to 17.26 strengthen the family, to reduce the risk of abuse to children, 17.27 and to promote the long-term development of children in their 17.28 home environments. The program must also be designed to use 17.29 volunteers to provide support to parents, and to link parents 17.30 with existing public health, education, and social services as 17.31 appropriate. 17.32 Sec. 28. Minnesota Statutes 2003 Supplement, section 17.33 245.697, subdivision 2a, is amended to read: 17.34 Subd. 2a. [SUBCOMMITTEE ON CHILDREN'S MENTAL HEALTH.] The 17.35 State Advisory Council on Mental Health (the "advisory council") 17.36 must have a Subcommittee on Children's Mental Health. The 18.1 subcommittee must make recommendations to the advisory council 18.2 on policies, laws, regulations, and services relating to 18.3 children's mental health. Members of the subcommittee must 18.4 include: 18.5 (1) the commissioners or designees of the commissioners of 18.6 the Departments of Administration, Human Services, Health, 18.7 Education,State Planning,and Corrections; 18.8 (2) the commissioner of commerce or a designee of the 18.9 commissioner who is knowledgeable about medical insurance 18.10 issues; 18.11 (3) at least one representative of an advocacy group for 18.12 children with emotional disturbances; 18.13 (4) providers of children's mental health services, 18.14 including at least one provider of services to preadolescent 18.15 children, one provider of services to adolescents, and one 18.16 hospital-based provider; 18.17 (5) parents of children who have emotional disturbances; 18.18 (6) a present or former consumer of adolescent mental 18.19 health services; 18.20 (7) educators currently working with emotionally disturbed 18.21 children; 18.22 (8) people knowledgeable about the needs of emotionally 18.23 disturbed children of minority races and cultures; 18.24 (9) people experienced in working with emotionally 18.25 disturbed children who have committed status offenses; 18.26 (10) members of the advisory council; 18.27 (11) one person from the local corrections department and 18.28 one representative of the Minnesota District Judges Association 18.29 Juvenile Committee; and 18.30 (12) county commissioners and social services agency 18.31 representatives. 18.32 The chair of the advisory council shall appoint 18.33 subcommittee members described in clauses (3) to (11) through 18.34 the process established in section 15.0597. The chair shall 18.35 appoint members to ensure a geographical balance on the 18.36 subcommittee. Terms, compensation, removal, and filling of 19.1 vacancies are governed by subdivision 1, except that terms of 19.2 subcommittee members who are also members of the advisory 19.3 council are coterminous with their terms on the advisory 19.4 council. The subcommittee shall meet at the call of the 19.5 subcommittee chair who is elected by the subcommittee from among 19.6 its members. The subcommittee expires with the expiration of 19.7 the advisory council. 19.8 Sec. 29. Minnesota Statutes 2003 Supplement, section 19.9 299A.293, subdivision 1, is amended to read: 19.10 Subdivision 1. [ESTABLISHMENT; MEMBERSHIP.] A Chemical 19.11 Abuse and Violence Prevention Council consisting of 19 members 19.12 is established. The commissioners of administration, public 19.13 safety, education, health, corrections, and human services, the19.14director of the Office of Strategic and Long-Range Planning,and 19.15 the attorney general shall each appoint one member from among 19.16 their employees. The speaker of the house of representatives 19.17 and the Subcommittee on Committees of the senate shall each 19.18 appoint a legislative member. The governor shall appoint an 19.19 additional ten members who shall represent the demographic and 19.20 geographic composition of the state and, to the extent possible, 19.21 shall represent the following: public health; education 19.22 including preschool, elementary, and higher education; social 19.23 services; financial aid services; chemical dependency treatment; 19.24 law enforcement; prosecution; defense; the judiciary; 19.25 corrections; treatment research professionals; drug abuse 19.26 prevention professionals; the business sector; religious 19.27 leaders; representatives of racial and ethnic minority 19.28 communities; and other community representatives. The members 19.29 shall designate one of the governor's appointees as chair of the 19.30 council. Compensation and removal of members are governed by 19.31 section 15.059. 19.32 Sec. 30. Minnesota Statutes 2002, section 299C.65, 19.33 subdivision 2, is amended to read: 19.34 Subd. 2. [REPORT, TASK FORCE.] (a) The policy group shall 19.35 file an annual report with the governor, Supreme Court, and 19.36 chairs and ranking minority members of the senate and house 20.1 committees and divisions with jurisdiction over criminal justice 20.2 funding and policy by December 1 of each year. 20.3 (b) The report must make recommendations concerning any 20.4 legislative changes or appropriations that are needed to ensure 20.5 that the criminal justice information systems operate accurately 20.6 and efficiently. To assist them in developing their 20.7 recommendations, the policy group shall appoint a task force 20.8 consisting of its members or their designees and the following 20.9 additional members: 20.10 (1)the director of the Office of Strategic and Long-Range20.11Planning;20.12(2)two sheriffs recommended by the Minnesota Sheriffs 20.13 Association; 20.14(3)(2) two police chiefs recommended by the Minnesota 20.15 Chiefs of Police Association; 20.16(4)(3) two county attorneys recommended by the Minnesota 20.17 County Attorneys Association; 20.18(5)(4) two city attorneys recommended by the Minnesota 20.19 League of Cities; 20.20(6)(5) two public defenders appointed by the Board of 20.21 Public Defense; 20.22(7)(6) two district judges appointed by the Conference of 20.23 Chief Judges, one of whom is currently assigned to the juvenile 20.24 court; 20.25(8)(7) two community corrections administrators 20.26 recommended by the Minnesota Association of Counties, one of 20.27 whom represents a community corrections act county; 20.28(9)(8) two probation officers; 20.29(10)(9) four public members, one of whom has been a victim 20.30 of crime, and two who are representatives of the private 20.31 business community who have expertise in integrated information 20.32 systems; 20.33(11)(10) two court administrators; 20.34(12)(11) one member of the house of representatives 20.35 appointed by the speaker of the house; 20.36(13)(12) one member of the senate appointed by the 21.1 majority leader; 21.2(14)(13) the attorney general or a designee; 21.3(15)(14) the commissioner of administration or a designee; 21.4(16)(15) an individual recommended by the Minnesota League 21.5 of Cities; and 21.6(17)(16) an individual recommended by the Minnesota 21.7 Association of Counties. 21.8 In making these appointments, the appointing authority shall 21.9 select members with expertise in integrated data systems or best 21.10 practices. 21.11 (c) The commissioner of public safety may appoint 21.12 additional, nonvoting members to the task force as necessary 21.13 from time to time. 21.14 Sec. 31. Minnesota Statutes 2003 Supplement, section 21.15 365.46, subdivision 2, is amended to read: 21.16 Subd. 2. [COPIES.] The county auditor shall also send a 21.17 copy of the notice of the dissolution to: (1) the state 21.18 demographer, (2) the Land Management Information Center, (3) the 21.19director of the Office of Strategic and Long-Range Planning21.20 commissioner of administration, and (4) the commissioner of 21.21 transportation. 21.22 Sec. 32. Minnesota Statutes 2003 Supplement, section 21.23 412.021, subdivision 1, is amended to read: 21.24 Subdivision 1. [ELECTION.] Upon the filing of the 21.25 certificate with the secretary of state, if the vote is in favor 21.26 of incorporation, the judges of election appointed by the 21.27directorcommissioner ofthe Office of Strategic and Long-Range21.28Planningadministration or the county board as the case may be, 21.29 shall fix a day at least 15 and not more than 30 days thereafter 21.30 and a place for the holding of an election for officers. The 21.31 judges shall also fix the time, not less than three hours, 21.32 during which the polls shall remain open at the election and 21.33 shall post a notice setting forth the time and place of such 21.34 election in three public places in the city for at least ten 21.35 days preceding the election. 21.36 Sec. 33. Minnesota Statutes 2003 Supplement, section 22.1 469.334, subdivision 1, is amended to read: 22.2 Subdivision 1. [COMMISSIONER TO DESIGNATE.] (a) The 22.3 commissioner, in consultation with the commissioner of revenue 22.4 and thedirectorcommissioner ofthe Office of Strategic and22.5Long-Range Planningadministration, shall designate not more 22.6 than one biotechnology and health sciences industry zone. 22.7 Priority must be given to applicants with a development plan 22.8 that links a higher education/research institution with a 22.9 biotechnology and health sciences industry facility. 22.10 (b) The commissioner may consult with the applicant prior 22.11 to the designation of the zone. The commissioner may modify the 22.12 development plan, including the boundaries of the zone or 22.13 subzones, if in the commissioner's opinion a modified plan would 22.14 better meet the objectives of the biotechnology and health 22.15 sciences industry zone program. The commissioner shall notify 22.16 the applicant of the modifications and provide a statement of 22.17 the reasons for the modifications. 22.18 Sec. 34. Minnesota Statutes 2003 Supplement, section 22.19 477A.014, subdivision 4, is amended to read: 22.20 Subd. 4. [COSTS.] Thedirectorcommissioner ofthe Office22.21of Strategic and Long-Range Planningadministration shall 22.22 annually bill the commissioner of revenue for one-half of the 22.23 costs incurred by the state demographer in the preparation of 22.24 materials required by section 4A.02. The state auditor shall 22.25 bill the commissioner of revenue for the costs of best practices 22.26 reviews and the services provided by the Government Information 22.27 Division and the parts of the constitutional office that are 22.28 related to the government information function, not to exceed 22.29 $217,000 each fiscal year. The commissioner of administration 22.30 shall bill the commissioner of revenue for the costs of the 22.31 local government records program and the intergovernmental 22.32 information systems activity, not to exceed $205,800 each fiscal 22.33 year. The commissioner of employee relations shall bill the 22.34 commissioner of revenue for the costs of administering the local 22.35 government pay equity function, not to exceed $55,000 each 22.36 fiscal year. 23.1 Sec. 35. Minnesota Statutes 2003 Supplement, section 23.2 611A.78, subdivision 1, is amended to read: 23.3 Subdivision 1. [MEMBERSHIP.] A crime victim services 23.4 roundtable is created and shall be convened by the commissioner 23.5 of administration or a designee. The roundtable membership 23.6 shall include representatives from the following: the 23.7 Departments of Health; Human Services; Corrections; and Public 23.8 Safety; the Supreme Court;the Minnesota Planning Agency;the 23.9 Office of the Attorney General; the Office of Crime Victim 23.10 Ombudsman; the County Attorneys Association; and the Office of 23.11 Dispute Resolution. The roundtable membership shall also 23.12 include one person representing the four councils designated in 23.13 sections 3.922, 3.9223, 3.9225, and 3.9226. 23.14 Sec. 36. [REVISOR'S INSTRUCTION.] 23.15 (a) The revisor of statutes shall recode Minnesota 23.16 Statutes, chapter 4A, into Minnesota Statutes, chapter 16B. 23.17 (b) The revisor of statutes shall make the following 23.18 changes, with appropriate grammatical corrections, in Minnesota 23.19 Rules: 23.20 (1) change "State Planning Agency" to "Department of 23.21 Administration" and "agency" to "department" in chapter 4310; 23.22 (2) change "State Planning Agency" to "Department of 23.23 Employment and Economic Development" and delete "pursuant to the 23.24 recommendation of the director of the planning division and" in 23.25 part 4350.3120; 23.26 (3) delete "State Planning Agency and the" in part 23.27 6100.7400, subpart 4; 23.28 (4) delete item D in part 6105.1080; 23.29 (5) delete "as mapped on the inventory of significant 23.30 resources by the State Planning Agency" in parts 7851.0340, 23.31 7853.0420, 7853.0610, 7855.0340, 7855.0440, 7855.0540, and 23.32 7855.0640; and 23.33 (6) delete "State Planning Agency" in parts 8106.0700, 23.34 9210.0160, and 9210.0360. 23.35 ARTICLE 2 23.36 GENERAL 24.1 Section 1. [16C.154] [ENERGY FORWARD PRICING MECHANISMS.] 24.2 Subdivision 1. [DEFINITIONS.] The following definitions 24.3 apply in this section: 24.4 (1) "energy" means natural gas, heating oil, propane, and 24.5 any other energy source except electricity used in state 24.6 facilities; and 24.7 (2) "forward pricing mechanism" means a contract or 24.8 financial instrument that obligates a state agency to buy or 24.9 sell a specified quantity of energy at a future date at a set 24.10 price. 24.11 Subd. 2. [AUTHORITY.] Notwithstanding any other law to the 24.12 contrary, the Department of Administration may use forward 24.13 pricing mechanisms for budget risk reduction. 24.14 Subd. 3. [CONDITIONS.] Forward pricing mechanism 24.15 transactions must be made only under the following conditions: 24.16 (1) the quantity of energy affected by the forward pricing 24.17 mechanism must not exceed the estimated energy use for the state 24.18 agency for the same period; and 24.19 (2) a separate account must be established for each state 24.20 agency using a forward pricing mechanism. 24.21 Subd. 4. [WRITTEN POLICIES AND PROCEDURES.] Before 24.22 exercising the authority under this section, the Department of 24.23 Administration must develop written policies and procedures 24.24 governing the use of forward pricing mechanisms. 24.25 [EFFECTIVE DATE.] This section is effective the day 24.26 following final enactment. 24.27 Sec. 2. Minnesota Statutes 2002, section 16C.17, 24.28 subdivision 2, is amended to read: 24.29 Subd. 2. [ADVISORY COUNCIL.] The Small Business 24.30 Procurement Advisory Council consists of 13 members appointed by 24.31 the commissioner of administration. A chair of the advisory 24.32 council shall be elected from among the members. The 24.33 appointments are subject to the appointments program provided by 24.34 section 15.0597. The terms, compensation, and removal of 24.35 members are as provided in section 15.059. Notwithstanding 24.36 section 15.059, the council expires June 30,20032006. 25.1 Sec. 3. [APPROPRIATION.] 25.2 (a) The commissioner of finance must transfer any 25.3 outstanding balance from the expired technology enterprise fund 25.4 to the general fund. 25.5 (b) $117,000 in fiscal year 2004 is appropriated from the 25.6 general fund to the commissioner of administration for the 25.7 purpose of completing small agency infrastructure and electronic 25.8 government services projects funded through the technology 25.9 enterprise fund and underway but not completed when the 25.10 technology enterprise fund enabling language was repealed in 25.11 2003. This appropriation is available until June 30, 2005. 25.12 [EFFECTIVE DATE.] This section is effective the day 25.13 following final enactment.