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HF 2684

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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  1.1                          A bill for an act 
  1.2             relating to state government; appropriating money for 
  1.3             the general legislative and administrative expenses of 
  1.4             state government; modifying provisions related to 
  1.5             state government operations; establishing the Fair 
  1.6             Campaign Reform Act; modifying fair campaign 
  1.7             practices; modifying teachers retirement provisions; 
  1.8             amending Minnesota Statutes 2002, sections 3.23; 3.98, 
  1.9             subdivision 3; 10A.02, subdivisions 1, 2, 3, 7, 12; 
  1.10            10A.31, subdivision 4; 11A.24, subdivision 6; 13.635, 
  1.11            by adding a subdivision; 15.16, subdivision 5; 
  1.12            16A.102, subdivision 2, by adding a subdivision; 
  1.13            16A.103, subdivision 1a; 16A.53, subdivision 1, by 
  1.14            adding subdivisions; 16A.531, by adding a subdivision; 
  1.15            16A.641, subdivision 2; 16B.24, subdivision 3; 16B.31, 
  1.16            subdivision 3; 16B.55, subdivision 3; 85A.02, 
  1.17            subdivision 5a; 115A.557, subdivision 4; 116O.071, 
  1.18            subdivision 3; 116P.08, subdivision 3; 144.701, 
  1.19            subdivision 4; 193.29, subdivision 3; 193.30; 193.31; 
  1.20            201.275; 211A.04; 211A.05; 211B.14; 211B.15, 
  1.21            subdivisions 1, 12; 245.90; 270.063, subdivision 1; 
  1.22            270.71; 354A.08; 354A.12, subdivisions 3a, 3d, by 
  1.23            adding a subdivision; 354A.28, subdivision 9; 
  1.24            383B.055, subdivision 2; Minnesota Statutes 2003 
  1.25            Supplement, sections 16A.102, subdivision 1; 16A.11, 
  1.26            subdivision 3; 84.026; 116J.966, subdivision 1; 
  1.27            192.501, subdivision 2; 204B.11, subdivision 1; 
  1.28            354A.12, subdivision 3b; proposing coding for new law 
  1.29            in Minnesota Statutes, chapters 10A; 211A; 211B; 354A; 
  1.30            repealing Minnesota Statutes 2002, sections 211A.08, 
  1.31            subdivisions 1, 2; 211B.16, subdivisions 1, 2; 
  1.32            Minnesota Statutes 2003 Supplement, section 16A.151, 
  1.33            subdivision 5. 
  1.34  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.35                             ARTICLE 1 
  1.36                      STATE GOVERNMENT FINANCE 
  1.37  Section 1.  [STATE GOVERNMENT APPROPRIATIONS.] 
  1.38     The dollar amounts shown in the columns marked 
  1.39  "APPROPRIATIONS" are added to or, if shown in parentheses, are 
  2.1   subtracted from the appropriations in Laws 2003, First Special 
  2.2   Session chapter 1, article 1, and are appropriated from the 
  2.3   general fund, or any other fund named, to the agencies and for 
  2.4   the purposes specified in this article, to be available for the 
  2.5   fiscal year indicated for each purpose.  The figures "2004" and 
  2.6   "2005" used in this article mean that the appropriation or 
  2.7   appropriations listed under them are available for the fiscal 
  2.8   years ending June 30, 2004, and June 30, 2005, respectively. 
  2.9                           SUMMARY BY FUND 
  2.10                            2004          2005           TOTAL
  2.11  General             $  (  456,000) $   3,207,000  $  2,751,000  
  2.12                                             APPROPRIATIONS 
  2.13                                         Available for the Year 
  2.14                                             Ending June 30 
  2.15                                            2004         2005 
  2.16  Sec. 2.  LEGISLATURE                 
  2.17  Subdivision 1.  Total 
  2.18  Appropriation                            -0-          (152,000) 
  2.19  The per diem paid to legislators may 
  2.20  not exceed $56 per day.  Legislators 
  2.21  may not be paid a housing allowance for 
  2.22  more than six months in any one 
  2.23  calendar year. 
  2.24  Subd. 2.  Senate
  2.25  $2,000,000 is canceled to the general 
  2.26  fund from amounts previously carried 
  2.27  forward under Minnesota Statutes, 
  2.28  section 16A.281.  
  2.29  Subd. 3.  House of Representatives
  2.30  $2,000,000 is canceled to the general 
  2.31  fund from amounts previously carried 
  2.32  forward under Minnesota Statutes, 
  2.33  section 16A.281. 
  2.34  Subd. 4.  Legislative Coordinating Commission 
  2.35          -0-          (152,000)
  2.36  The reduction in this subdivision takes 
  2.37  effect only if a bill is enacted in 
  2.38  2004 transferring duties related to 
  2.39  actuarial services from the Legislative 
  2.40  Commission on Pensions and Retirement 
  2.41  to public pension funds.  
  2.42  Sec. 3.  GOVERNOR AND 
  2.43  LIEUTENANT GOVERNOR                      -0-           (108,000)
  2.44  Sec. 4.  STATE AUDITOR                   -0-           (249,000)
  2.45  Sec. 5.  ATTORNEY GENERAL                -0-           (677,000)
  2.46  $2,000,000 of the amount carried 
  3.1   forward from fiscal year 2003 to fiscal 
  3.2   year 2004 is canceled to the general 
  3.3   fund. 
  3.4   Sec. 6.  SECRETARY OF STATE              -0-           (181,000)
  3.5   Sec. 7.  ADMINISTRATION                  -0-           (432,000)
  3.6   Sec. 8.  FINANCE                        (456,000)      (456,000)
  3.7   The commissioner of finance may use 
  3.8   $40,000 of the general fund 
  3.9   appropriation in Laws 2003, First 
  3.10  Special Session chapter 1, article 1, 
  3.11  section 28, to pay unemployment 
  3.12  insurance and other shutdown costs 
  3.13  related to the elimination of the 
  3.14  Office of Ombudsman for Corrections.  
  3.15  The funds remain available until June 
  3.16  30, 2005. 
  3.17  Sec. 9.  EMPLOYEE RELATIONS              -0-           (186,000)
  3.18  Sec. 10.  REVENUE                        -0-         (1,402,000)
  3.19  Sec. 11.  MILITARY AFFAIRS 
  3.20  Subdivision 1.  Total 
  3.21  Appropriation                            -0-          4,428,000 
  3.22  Subd. 2.  Appropriation Reduction
  3.23          -0-          (222,000)
  3.24  Subd. 3.  Reenlistment Bonus Program
  3.25          -0-         1,500,000 
  3.26  The appropriation in this subdivision 
  3.27  is for a reenlistment bonus program as 
  3.28  authorized by Minnesota Statutes, 
  3.29  section 192.501, subdivision 1b.  The 
  3.30  appropriation for the reenlistment 
  3.31  bonus program is available until 
  3.32  expended. 
  3.33  Subd. 4.  National Guard Youth Camp
  3.34          -0-            50,000
  3.35  The appropriation in this subdivision 
  3.36  is to assist in the operation of the 
  3.37  Minnesota National Guard Youth Camp at 
  3.38  Camp Ripley.  This appropriation is 
  3.39  contingent on a dollar-for-dollar match 
  3.40  from nonstate sources.  This is a 
  3.41  onetime appropriation. 
  3.42  Subd. 5.  Tuition and Textbook Reimbursement
  3.43  Grant Program
  3.44          -0-        3,100,000
  3.45  The appropriation in this subdivision 
  3.46  is in addition to funding provided by 
  3.47  Laws 2003, First Special Session 
  3.48  chapter 1, article 1, section 16, 
  3.49  subdivision 4.  This appropriation is 
  3.50  available until expended. 
  3.51  Sec. 12.  VETERANS AFFAIRS                 -0-          (78,000)
  4.1   Sec. 13.  LOTTERY 
  4.2   Operating budget limits established in 
  4.3   Minnesota Statutes, section 349A.10, 
  4.4   Laws 2003, First Special Session 
  4.5   chapter 1, article 1, section 23, or 
  4.6   any amendment to Laws 2003, First 
  4.7   Special Session chapter 1, article 1, 
  4.8   section 23, adopted by the 2004 
  4.9   legislature, do not apply to new duties 
  4.10  relating to lease of gaming machines 
  4.11  assigned to the lottery by proposed 
  4.12  Minnesota Statutes, section 349A.17 or 
  4.13  349A.20, or by other laws enacted in 
  4.14  2004.  
  4.15  Sec. 14.  ADMINISTRATION; MOVING COSTS     -0-        2,500,000
  4.16  This appropriation is for relocation of 
  4.17  state agencies as determined by the 
  4.18  commissioner of administration. 
  4.19     Sec. 15.  Minnesota Statutes 2002, section 10A.31, 
  4.20  subdivision 4, is amended to read: 
  4.21     Subd. 4.  [APPROPRIATION.] (a) The amounts designated by 
  4.22  individuals for the state elections campaign fund, less three 
  4.23  percent, are appropriated from the general fund, must be 
  4.24  transferred and credited to the appropriate account in the state 
  4.25  elections campaign fund, and are annually appropriated for 
  4.26  distribution as set forth in subdivisions 5, 5a, 6, and 7.  The 
  4.27  remaining three percent must be kept in the general fund for 
  4.28  administrative costs.  
  4.29     (b) In addition to the amounts in paragraph (a), $1,500,000 
  4.30  for each general election is appropriated from the general fund 
  4.31  for transfer to the general account of the state elections 
  4.32  campaign fund. 
  4.33     Sec. 16.  Minnesota Statutes 2002, section 11A.24, 
  4.34  subdivision 6, is amended to read: 
  4.35     Subd. 6.  [OTHER INVESTMENTS.] (a) In addition to the 
  4.36  investments authorized in subdivisions 1 to 5, and subject to 
  4.37  the provisions in paragraph (b), the state board may invest 
  4.38  funds in:  
  4.39     (1) venture capital investment businesses through 
  4.40  participation in limited partnerships, trusts, private 
  4.41  placements, limited liability corporations, limited liability 
  4.42  companies, limited liability partnerships, and corporations; 
  4.43     (2) real estate ownership interests or loans secured by 
  5.1   mortgages or deeds of trust or shares of real estate investment 
  5.2   trusts through investment in limited partnerships, bank 
  5.3   sponsored collective funds, trusts, mortgage participation 
  5.4   agreements, and insurance company commingled accounts, including 
  5.5   separate accounts; 
  5.6      (3) regional and mutual funds through bank sponsored 
  5.7   collective funds and open-end investment companies registered 
  5.8   under the Federal Investment Company Act of 1940, and closed-end 
  5.9   mutual funds listed on an exchange regulated by a governmental 
  5.10  agency; 
  5.11     (4) resource investments through limited partnerships, 
  5.12  trusts, private placements, limited liability corporations, 
  5.13  limited liability companies, limited liability partnerships, and 
  5.14  corporations; and 
  5.15     (5) international securities. 
  5.16     (b) The investments authorized in paragraph (a) must 
  5.17  conform to the following provisions:  
  5.18     (1) the aggregate value of all investments made according 
  5.19  to paragraph (a), clauses (1) to (4), may not exceed 35 percent 
  5.20  of the market value of the fund for which the state board is 
  5.21  investing; 
  5.22     (2) there must be at least four unrelated owners of the 
  5.23  investment other than the state board for investments made under 
  5.24  paragraph (a), clause (1), (2), (3), or (4); 
  5.25     (3) state board participation in an investment vehicle is 
  5.26  limited to 20 percent thereof for investments made under 
  5.27  paragraph (a), clause (1), (2), (3), or (4); and 
  5.28     (4) state board participation in a limited partnership does 
  5.29  not include a general partnership interest or other interest 
  5.30  involving general liability.  The state board may not engage in 
  5.31  any activity as a limited partner which creates general 
  5.32  liability.  
  5.33     (c) The following data received, prepared, used, or 
  5.34  retained by the state board in connection with investments 
  5.35  authorized by paragraph (a) is public: 
  5.36     (1) the name and industry group classification of the legal 
  6.1   entity in which the state board has invested or in which the 
  6.2   state board has considered an investment; 
  6.3      (2) the state board commitment amount, if any; 
  6.4      (3) the funded amount of the state board's commitment to 
  6.5   date, if any; 
  6.6      (4) the market value of the investment by the state board; 
  6.7      (5) the state board's internal rate of return; and 
  6.8      (6) the age of the investment in years.  
  6.9      All other financial or proprietary data received, prepared, 
  6.10  used, or retained by the state board in connection with 
  6.11  investments authorized by paragraph (a), or in which the state 
  6.12  board has considered an investment, that is considered nonpublic 
  6.13  by the legal entity or portfolio companies or other entities 
  6.14  providing the data is nonpublic data under section 13.02, 
  6.15  subdivision 9.  
  6.16     Sec. 17.  Minnesota Statutes 2002, section 13.635, is 
  6.17  amended by adding a subdivision to read: 
  6.18     Subd. 1a.  [STATE BOARD OF INVESTMENT.] Certain government 
  6.19  data of the State Board of Investment related to venture capital 
  6.20  investments are classified under section 11A.24, subdivision 6. 
  6.21     Sec. 18.  Minnesota Statutes 2003 Supplement, section 
  6.22  16A.11, subdivision 3, is amended to read: 
  6.23     Subd. 3.  [PART TWO:  DETAILED BUDGET.] (a) Part two of the 
  6.24  budget, the detailed budget estimates both of expenditures and 
  6.25  revenues, must contain any statements on the financial plan 
  6.26  which the governor believes desirable or which may be required 
  6.27  by the legislature.  The detailed estimates shall include the 
  6.28  governor's budget arranged in tabular form. 
  6.29     (b) Tables listing expenditures for the next biennium must 
  6.30  show the appropriation base for each year as well as the 
  6.31  governor's total recommendation for that year for each 
  6.32  expenditure line.  The appropriation base is the amount 
  6.33  appropriated for the second year of the current biennium, 
  6.34  adjusted in accordance with any provisions of law that specify 
  6.35  changes to the base.  For a statutory appropriation not 
  6.36  specifying a dollar amount or for an appropriation for a 
  7.1   forecasted program, the appropriation base is the amount 
  7.2   estimated to fulfill the appropriation according to the most 
  7.3   recent forecast prepared by the commissioner of finance pursuant 
  7.4   to section 16A.103. 
  7.5      (c) The detailed estimates must include a separate line 
  7.6   listing the total cost of professional and technical service 
  7.7   contracts for the prior biennium and the projected costs of 
  7.8   those contracts for the current and upcoming biennium.  They 
  7.9   must also include a summary of the personnel employed by the 
  7.10  agency, reflected as full-time equivalent positions. 
  7.11     (d) The detailed estimates for internal service funds must 
  7.12  include the number of full-time equivalents by program; detail 
  7.13  on any loans from the general fund, including dollar amounts by 
  7.14  program; proposed investments in technology or equipment of 
  7.15  $100,000 or more; an explanation of any operating losses or 
  7.16  increases in retained earnings; and a history of the rates that 
  7.17  have been charged, with an explanation of any rate changes and 
  7.18  the impact of the rate changes on affected agencies. 
  7.19     Sec. 19.  Minnesota Statutes 2002, section 16A.103, 
  7.20  subdivision 1a, is amended to read: 
  7.21     Subd. 1a.  [FORECAST PARAMETERS.] The forecast must assume 
  7.22  the continuation of current laws and reasonable estimates of 
  7.23  projected growth in the national and state economies and 
  7.24  affected populations.  Revenue must be estimated for all sources 
  7.25  provided for in current law.  Expenditures must be estimated for 
  7.26  all obligations imposed by law and those projected to occur as a 
  7.27  result of variables outside the control of the legislature.  
  7.28  Expenditure estimates must not include an allowance for 
  7.29  inflation, but the forecast must include a separate discussion 
  7.30  of the cost of applying inflation to expenditures. 
  7.31     Sec. 20.  Minnesota Statutes 2002, section 16A.53, 
  7.32  subdivision 1, is amended to read: 
  7.33     Subdivision 1.  [FUND CREATES FUNDS AND ACCOUNTS CREATED BY 
  7.34  LAW.] When a law creates a fund or account in the treasury into 
  7.35  which are deposited certain revenues and out of which certain 
  7.36  expenditures are appropriated, the commissioner may consider the 
  8.1   creation of the fund or account as the creation of a bookkeeping 
  8.2   account in the state's general books of account accounting 
  8.3   system so as to reflect the revenues deposited in the treasury 
  8.4   and credited to the bookkeeping account and the expenditures 
  8.5   appropriated from the treasury and charged to the bookkeeping 
  8.6   account.  The commissioner must organize these bookkeeping 
  8.7   accounts into funds in accordance with generally accepted 
  8.8   accounting principles. 
  8.9      Sec. 21.  Minnesota Statutes 2002, section 16A.53, is 
  8.10  amended by adding a subdivision to read: 
  8.11     Subd. 3.  [COMMISSIONER TO MANAGE FUNDS AND ACCOUNTS.] (a) 
  8.12  As necessary, the commissioner may eliminate an account that is 
  8.13  no longer needed for the purposes specified for it in law.  
  8.14     (b) The commissioner must eliminate an account that meets 
  8.15  the criteria in paragraph (c) unless the commissioner determines 
  8.16  that the account is necessary for efficient fiscal operation. 
  8.17     (c) Criteria for account elimination are: 
  8.18     (1) receipts to the account and transfers into the account 
  8.19  average less than $1,000 per year in the past four years; 
  8.20     (2) year-end balances in the past four years average less 
  8.21  than $1,000 per year; and 
  8.22     (3) the account has been in existence for at least four 
  8.23  years. 
  8.24     (d) Any balances in an eliminated account must be 
  8.25  transferred to the general fund unless some other disposition is 
  8.26  specified in law.  If the commissioner eliminates an account 
  8.27  established in law, the commissioner must notify the 
  8.28  legislature, in a report to the appropriate finance committees, 
  8.29  of the elimination. 
  8.30     Sec. 22.  Minnesota Statutes 2002, section 16A.53, is 
  8.31  amended by adding a subdivision to read: 
  8.32     Subd. 4.  [REPORT.] Each agency that manages accounts 
  8.33  within a fund must report at least annually to the appropriate 
  8.34  finance committees of the legislature on the number, purpose, 
  8.35  and recent financial activity in those accounts.  The 
  8.36  commissioner must establish uniform criteria and timing for the 
  9.1   reports. 
  9.2      Sec. 23.  Minnesota Statutes 2002, section 16A.531, is 
  9.3   amended by adding a subdivision to read: 
  9.4      Subd. 4.  [MISCELLANEOUS SPECIAL REVENUE FUND.] (a) A 
  9.5   miscellaneous special revenue fund is created in the state 
  9.6   treasury.  This fund is for the deposit of receipts and other 
  9.7   revenues that are not placed in any other fund by law or under 
  9.8   section 16A.53.  
  9.9      (b) One-third of the accounts in the miscellaneous special 
  9.10  revenue fund are terminated on June 30, 2007, another one-third 
  9.11  of the accounts in the miscellaneous special revenue fund are 
  9.12  terminated on June 30, 2009, and the remaining accounts in the 
  9.13  miscellaneous special revenue fund are terminated on June 30, 
  9.14  2011.  Thirty months before the termination dates listed in this 
  9.15  paragraph, the commissioner must identify and notify the 
  9.16  appropriate legislative finance committee of the accounts which 
  9.17  are scheduled to terminate on those dates.  Any balance in an 
  9.18  account that is terminated is transferred to the general fund 
  9.19  and any revenues that would have been deposited in that account 
  9.20  are deposited in the general fund.  Any statutory appropriation 
  9.21  made out of an account that is terminated is canceled.  This 
  9.22  paragraph does not apply to an account established after July 1, 
  9.23  2004. 
  9.24     Sec. 24.  Minnesota Statutes 2002, section 16B.55, 
  9.25  subdivision 3, is amended to read: 
  9.26     Subd. 3.  [PERMITTED USES.] A state vehicle may be used by 
  9.27  a state employee to travel to or from the employee's residence:  
  9.28     (1) on a day on which it may be necessary for the employee 
  9.29  to respond to a work-related emergency during hours when the 
  9.30  employee is not normally working; 
  9.31     (2) if the employee has been assigned the use of a state 
  9.32  vehicle for authorized state business on an extended basis, and 
  9.33  the employee's primary place of work is not the state work 
  9.34  station to which the employee is permanently assigned; 
  9.35     (3) if the employee has been assigned the use of a state 
  9.36  vehicle for authorized state business away from the work station 
 10.1   to which the employee is permanently assigned, and the number of 
 10.2   miles traveled, or the time needed to conduct the business, will 
 10.3   be minimized if the employee uses a state vehicle to travel to 
 10.4   the employee's residence before or after traveling to the place 
 10.5   of state business; or 
 10.6      (4) if the employee is authorized to participate in a 
 10.7   ridesharing program established by the commissioner pursuant to 
 10.8   section 174.257.  
 10.9      Use of a state vehicle under this subdivision requires the 
 10.10  prior approval of the agency head or the designee of the agency 
 10.11  head.  A state employee must reimburse the employer for the use 
 10.12  of a state vehicle to the extent the use would be considered a 
 10.13  taxable fringe benefit for the employee under the Internal 
 10.14  Revenue Code and regulations implementing the code, but for the 
 10.15  employee reimbursing the employer.  The reimbursement must be at 
 10.16  the same rate per mile as the standard mileage rate for business 
 10.17  use of an automobile permitted under the Internal Revenue Code 
 10.18  and regulations in effect when the employee uses the state 
 10.19  vehicle.  A state employee must report use of a state vehicle 
 10.20  under this subdivision to the employer within 15 days of use of 
 10.21  the vehicle.  Notwithstanding any law to the contrary, the 
 10.22  employer must deduct from the employee's pay the amount due to 
 10.23  the employer under this subdivision. 
 10.24     Sec. 25.  Minnesota Statutes 2003 Supplement, section 
 10.25  192.501, subdivision 2, is amended to read: 
 10.26     Subd. 2.  [TUITION AND TEXTBOOK REIMBURSEMENT GRANT 
 10.27  PROGRAM.] (a) The adjutant general shall establish a program to 
 10.28  provide tuition and textbook reimbursement grants to eligible 
 10.29  members of the Minnesota National Guard within the limitations 
 10.30  of this subdivision. 
 10.31     (b) Eligibility is limited to a member of the National 
 10.32  Guard who: 
 10.33     (1) is serving satisfactorily as defined by the adjutant 
 10.34  general; 
 10.35     (2) is attending a postsecondary educational institution, 
 10.36  as defined by section 136A.15, subdivision 6, including a 
 11.1   vocational or technical school operated or regulated by this 
 11.2   state or another state or province; and 
 11.3      (3) provides proof of satisfactory completion of 
 11.4   coursework, as defined by the adjutant general. 
 11.5      In addition, if a member of the Minnesota National Guard is 
 11.6   killed in the line of state active service or federally funded 
 11.7   state active service, as defined in section 190.05, subdivisions 
 11.8   5a and 5b, the member's surviving spouse, and any surviving 
 11.9   dependent who has not yet reached 24 years of age, is eligible 
 11.10  for a tuition and textbook reimbursement grant. 
 11.11     The adjutant general may, within the limitations of this 
 11.12  paragraph and other applicable laws, determine additional 
 11.13  eligibility criteria for the grant, and must specify the 
 11.14  criteria in department regulations and publish changes as 
 11.15  necessary. 
 11.16     (c) The amount of a tuition and textbook reimbursement 
 11.17  grant must be specified on a schedule as determined and 
 11.18  published in department regulations by the adjutant general, but 
 11.19  is limited to a maximum of an amount equal to the greater of: 
 11.20     (1) 75 percent of the cost of tuition for lower division 
 11.21  programs in the College of Liberal Arts at the Twin Cities 
 11.22  campus of the University of Minnesota in the most recent 
 11.23  academic year; or 
 11.24     (2) 50 percent of the cost of tuition for the program in 
 11.25  which the person is enrolled at that Minnesota public 
 11.26  institution, or if that public institution is outside the state 
 11.27  of Minnesota, for the cost of a comparable program at the 
 11.28  University of Minnesota, except that in the case of a survivor 
 11.29  as defined in paragraph (b), the amount of the tuition and 
 11.30  textbook reimbursement grant for coursework satisfactorily 
 11.31  completed by the person is limited to 100 percent of the cost of 
 11.32  tuition for postsecondary courses at a Minnesota public 
 11.33  educational institution. 
 11.34     Paragraph (b) notwithstanding, a person is no longer 
 11.35  eligible for a grant under this subdivision once the person has 
 11.36  received grants under this subdivision for the equivalent of 208 
 12.1   quarter credits or 144 semester credits of coursework. 
 12.2      (d) Tuition and textbook reimbursement grants received 
 12.3   under this subdivision may not be considered by the Minnesota 
 12.4   Higher Education Services Office or by any other state board, 
 12.5   commission, or entity in determining a person's eligibility for 
 12.6   a scholarship or grant-in-aid under sections 136A.095 to 
 12.7   136A.1311. 
 12.8      (e) If a member fails to complete a term of enlistment 
 12.9   during which a tuition and textbook reimbursement grant was 
 12.10  paid, the adjutant general may seek to recoup a prorated amount 
 12.11  as determined by the adjutant general. 
 12.12     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 12.13     Sec. 26.  Minnesota Statutes 2002, section 193.29, 
 12.14  subdivision 3, is amended to read: 
 12.15     Subd. 3.  [JOINT BOARDS.] In all cases in which If more 
 12.16  than one company or other unit of the military forces shall 
 12.17  occupy occupies the same armory, the armory board shall consist 
 12.18  of officers military personnel assigned to the units or 
 12.19  organizations quartered therein.  The adjutant general shall 
 12.20  designate by order from time to time the representatives of each 
 12.21  unit quartered therein to comprise the armory board for each 
 12.22  armory.  In the discretion of the adjutant general, the 
 12.23  membership of the board may be comprised of officers, warrant 
 12.24  officers, and enlisted personnel and may be changed from time to 
 12.25  time so as to give the several organizations quartered therein 
 12.26  proper representation on the board. 
 12.27     Sec. 27.  Minnesota Statutes 2002, section 193.30, is 
 12.28  amended to read: 
 12.29     193.30 [COMMANDING OFFICERS ORGANIZATION OF ARMORY BOARD.] 
 12.30     The senior officer ranking member on each armory board 
 12.31  shall be the chair, and the junior officer ranking member 
 12.32  thereof shall be the recorder.  A record of the proceedings of 
 12.33  the board shall be kept, and all motions offered, whether 
 12.34  seconded or not, shall be put to a vote and the result 
 12.35  recorded.  In the case of a tie vote the adjutant general, upon 
 12.36  the request of any member, shall decide.  The governor may make 
 13.1   and alter rules for the government of armory boards, officers, 
 13.2   and other persons having charge of armories, arsenals, or other 
 13.3   military property of the state.  
 13.4      Sec. 28.  Minnesota Statutes 2002, section 193.31, is 
 13.5   amended to read: 
 13.6      193.31 [SENIOR OFFICER RANKING MEMBER TO CONTROL DRILL 
 13.7   HALL.] 
 13.8      The senior officer ranking member of any company or other 
 13.9   organization assembling at an armory for drill or instruction 
 13.10  shall have control of the drill hall or other portion of the 
 13.11  premises used therefor during such occupancy, subject to the 
 13.12  rules prescribed for its use and the orders of that officer's 
 13.13  ranking member's superior.  Any person who intrudes contrary to 
 13.14  orders, or who interrupts, molests, or insults any troops so 
 13.15  assembled, or who refuses to leave the premises when properly 
 13.16  requested so to do, shall be guilty of a misdemeanor.  Nothing 
 13.17  in this section shall prevent reasonable inspection of the 
 13.18  premises by the proper municipal officer, or by the lessor 
 13.19  thereof in accordance with the terms of the lease. 
 13.20     Sec. 29.  Minnesota Statutes 2002, section 211B.15, 
 13.21  subdivision 1, is amended to read: 
 13.22     Subdivision 1.  [DEFINITIONS.] For purposes of this 
 13.23  section, "corporation" means: 
 13.24     (1) a corporation organized for profit that does business 
 13.25  in this state; 
 13.26     (2) a nonprofit corporation that carries out activities in 
 13.27  this state; or 
 13.28     (3) a limited liability company formed under chapter 322B, 
 13.29  or under similar laws of another state, that does business in 
 13.30  this state; or 
 13.31     (4) a business entity established or operated by a foreign 
 13.32  government or by an entity or subdivision of an entity that 
 13.33  exercises governmental functions for purposes of Public Law 
 13.34  97-473, Title II. 
 13.35     Sec. 30.  Minnesota Statutes 2002, section 354A.08, is 
 13.36  amended to read: 
 14.1      354A.08 [AUTHORIZED INVESTMENTS.] 
 14.2      (a) A teachers retirement fund association may receive, 
 14.3   hold, and dispose of real estate or personal property acquired 
 14.4   by it, whether the acquisition was by purchase, or any other 
 14.5   lawful means, as provided in this chapter or in the 
 14.6   association's articles of incorporation. In addition to other 
 14.7   authorized real estate investments, an association may also 
 14.8   invest funds in Minnesota situs nonfarm real estate ownership 
 14.9   interests or loans secured by mortgages or deeds of trust. 
 14.10     (b) All or a portion of the assets of a first class city 
 14.11  teacher retirement fund association may be invested in the 
 14.12  Minnesota supplemental investment fund under section 11A.17. 
 14.13     Sec. 31.  Minnesota Statutes 2002, section 354A.12, is 
 14.14  amended by adding a subdivision to read: 
 14.15     Subd. 2c.  [REIMBURSEMENT OF CERTAIN INVESTMENT 
 14.16  UNDERPERFORMANCE.] (a) If the report of the state auditor under 
 14.17  section 356.219 indicates that the Minneapolis Teachers 
 14.18  Retirement Fund Association has underperformed the State Board 
 14.19  of Investment basic retirement plans in its investment of the 
 14.20  Minneapolis teachers retirement fund assets, on the first of the 
 14.21  month next following the release of that report, the board of 
 14.22  trustees of the Minneapolis Teachers Retirement Fund Association 
 14.23  shall redeem the amount of the underperformance by imposing a 
 14.24  charge on active members, retired members, and other benefit 
 14.25  recipients. 
 14.26     (b) The additional charge on active members must continue 
 14.27  for one year and must be a percentage of covered pay.  The 
 14.28  charge must be set by the board to represent the active member 
 14.29  asset portion of the underperformance as determined by the board.
 14.30     (c) The additional charge on retired members must continue 
 14.31  for one year and must be a deduction from the annuity or 
 14.32  benefit.  The charge must be set by the board to represent the 
 14.33  retired member asset portion of the underperformance as 
 14.34  determined by the board. 
 14.35     (d) The total additional charges under paragraphs (b) and 
 14.36  (c) must equal the total amount of the investment 
 15.1   underperformance.  If an active member retires during the course 
 15.2   of the year during which the additional charge is in force, the 
 15.3   member shall pay or have deducted the appropriate charge for the 
 15.4   appropriate portion of the year. 
 15.5      (e) If the total amount of the underperformance is not 
 15.6   recovered under paragraph (d), the balance of the 
 15.7   underperformance must be added to any underperformance amount in 
 15.8   the next year of underperformance, plus annual compound interest 
 15.9   at the rate of 8.5 percent from the date of the applicable 
 15.10  report of the state auditor to July 1 of the year in which the 
 15.11  balance is to be collected. 
 15.12     Sec. 32.  Minnesota Statutes 2002, section 354A.12, 
 15.13  subdivision 3a, is amended to read: 
 15.14     Subd. 3a.  [SPECIAL DIRECT STATE AID TO FIRST CLASS CITY 
 15.15  TEACHERS RETIREMENT FUND ASSOCIATIONS.] (a) In fiscal year 1998, 
 15.16  the state shall pay $4,827,000 to the St. Paul Teachers 
 15.17  Retirement Fund Association, $17,954,000 to the Minneapolis 
 15.18  Teachers Retirement Fund Association, and $486,000 to the Duluth 
 15.19  Teachers Retirement Fund Association.  In each subsequent fiscal 
 15.20  year, these payments the state shall pay to the first class city 
 15.21  teachers retirement fund associations must be $2,827,000 
 15.22  $2,967,000 for the St. Paul, $12,954,000 Teachers Retirement 
 15.23  Fund Association and $13,300,000 for the Minneapolis, and 
 15.24  $486,000 for Duluth Teachers Retirement Fund Association. 
 15.25     (b) The direct state aids under this subdivision are 
 15.26  payable October 1 annually.  The commissioner of finance shall 
 15.27  pay the direct state aid.  The amount required under this 
 15.28  subdivision is appropriated annually from the general fund to 
 15.29  the commissioner of finance. 
 15.30     (c) The direct state aid for the Minneapolis Teachers 
 15.31  Retirement Fund Association is governed by section 354A.121. 
 15.32     Sec. 33.  Minnesota Statutes 2003 Supplement, section 
 15.33  354A.12, subdivision 3b, is amended to read: 
 15.34     Subd. 3b.  [SPECIAL DIRECT STATE MATCHING AID TO THE 
 15.35  MINNEAPOLIS TEACHERS RETIREMENT FUND ASSOCIATION.] (a) Special 
 15.36  School District No. 1 may make an additional employer 
 16.1   contribution to the Minneapolis Teachers Retirement Fund 
 16.2   Association.  The city of Minneapolis may make a contribution to 
 16.3   the Minneapolis Teachers Retirement Fund Association.  This 
 16.4   contribution may be made by a levy of the board of estimate and 
 16.5   taxation of the city of Minneapolis and the levy, if made, is 
 16.6   classified as that of a special taxing district for purposes of 
 16.7   sections 275.065 and 276.04, and for all other property tax 
 16.8   purposes. 
 16.9      (b) For every $1,000 contributed in equal proportion by 
 16.10  Special School District No. 1 and by the city of Minneapolis to 
 16.11  the Minneapolis teachers retirement fund association under 
 16.12  paragraph (a), the state shall pay to the Minneapolis Teachers 
 16.13  Retirement Fund Association $1,000, but not to exceed $2,500,000 
 16.14  in total in fiscal year 1994.  The superintendent of Special 
 16.15  School District No. 1, the mayor of the city of Minneapolis, and 
 16.16  the executive director of the Minneapolis Teachers Retirement 
 16.17  Fund Association shall jointly certify to the commissioner of 
 16.18  finance the total amount that has been contributed by Special 
 16.19  School District No. 1 and by the city of Minneapolis to the 
 16.20  Minneapolis Teachers Retirement Fund Association.  Any 
 16.21  certification to the commissioner of education must be made 
 16.22  quarterly.  If the total certifications for a fiscal year exceed 
 16.23  the maximum annual direct state matching aid amount in any 
 16.24  quarter, the amount of direct state matching aid payable to the 
 16.25  Minneapolis Teachers Retirement Fund Association must be limited 
 16.26  to the balance of the maximum annual direct state matching aid 
 16.27  amount available.  The amount required under this paragraph, 
 16.28  subject to the maximum direct state matching aid amount, is 
 16.29  appropriated annually to the commissioner of finance.  The state 
 16.30  matching aid is governed by section 354A.121. 
 16.31     (c) The commissioner of finance may prescribe the form of 
 16.32  the certifications required under paragraph (b). 
 16.33     Sec. 34.  Minnesota Statutes 2002, section 354A.12, 
 16.34  subdivision 3d, is amended to read: 
 16.35     Subd. 3d.  [MTRFA AND SPTRFA SUPPLEMENTAL ADMINISTRATIVE 
 16.36  EXPENSE ASSESSMENT.] (a) The active and retired membership of 
 17.1   the Minneapolis Teachers Retirement Fund Association and of the 
 17.2   St. Paul Teachers Retirement Fund Association is responsible for 
 17.3   defraying supplemental administrative expenses other than 
 17.4   investment expenses of the respective teacher retirement fund 
 17.5   association. 
 17.6      (b) Investment expenses of the teachers retirement fund 
 17.7   association are those expenses incurred by or on behalf of the 
 17.8   retirement fund in connection with the investment of the assets 
 17.9   of the retirement fund other than investment security 
 17.10  transaction costs.  Other administrative expenses are all 
 17.11  expenses incurred by or on behalf of the retirement fund for all 
 17.12  other retirement fund functions other than the investment of 
 17.13  retirement fund assets.  Investment and other administrative 
 17.14  expenses must be accounted for using generally accepted 
 17.15  accounting principles and in a manner consistent with the 
 17.16  comprehensive annual financial report of the teachers retirement 
 17.17  fund association for the immediately previous fiscal year under 
 17.18  section 356.20. 
 17.19     (c) Supplemental administrative expenses other than 
 17.20  investment expenses of a first class city teacher retirement 
 17.21  fund association are those expenses for the fiscal year that: 
 17.22     (1) exceed, for the St. Paul Teachers Retirement Fund 
 17.23  Association $443,745, or for the Minneapolis Teacher Retirement 
 17.24  Fund Association $671,513 $428,381, plus, in each case, an 
 17.25  additional amount derived by applying the percentage increase in 
 17.26  the Consumer Price Index for Urban Wage Earners and Clerical 
 17.27  Workers All Items Index published by the Bureau of Labor 
 17.28  Statistics of the United States Department of Labor since July 
 17.29  1, 2001 2004, to the applicable dollar amount; and 
 17.30     (2) for the St. Paul Teachers Retirement Fund Association 
 17.31  only, exceed the amount computed by applying the most recent 
 17.32  percentage of pay administrative expense amount, other than 
 17.33  investment expenses, for the teachers retirement association 
 17.34  governed by chapter 354 to the covered payroll of the respective 
 17.35  teachers retirement fund association for the fiscal year. 
 17.36     (d) The board of trustees of each first class city teachers 
 18.1   retirement fund association shall allocate the total dollar 
 18.2   amount of supplemental administrative expenses other than 
 18.3   investment expenses determined under paragraph (c), clause (2), 
 18.4   among the various active and retired membership groups of the 
 18.5   teachers retirement fund association and shall assess the 
 18.6   various membership groups their respective share of the 
 18.7   supplemental administrative expenses other than investment 
 18.8   expenses, in amounts determined by the board of trustees.  The 
 18.9   supplemental administrative expense assessments must be paid by 
 18.10  the membership group in a manner determined by the board of 
 18.11  trustees of the respective teachers retirement association.  
 18.12  Supplemental administrative expenses payable by the active 
 18.13  members of the pension plan must be picked up by the employer in 
 18.14  accordance with section 356.62. 
 18.15     (e) With respect to the St. Paul Teachers Retirement Fund 
 18.16  Association, the supplemental administrative expense assessment 
 18.17  must be fully disclosed to the various active and retired 
 18.18  membership groups of the teachers retirement fund association.  
 18.19  The chief administrative officer of the St. Paul Teachers 
 18.20  Retirement Fund Association shall prepare a supplemental 
 18.21  administrative expense assessment disclosure notice, which must 
 18.22  include the following: 
 18.23     (1) the total amount of administrative expenses of the St. 
 18.24  Paul Teachers Retirement Fund Association, the amount of the 
 18.25  investment expenses of the St. Paul Teachers Retirement Fund 
 18.26  Association, and the net remaining amount of administrative 
 18.27  expenses of the St. Paul Teachers Retirement Fund Association; 
 18.28     (2) the amount of administrative expenses for the St. Paul 
 18.29  Teachers Retirement Fund Association that would be equivalent to 
 18.30  the teachers retirement association noninvestment administrative 
 18.31  expense level described in paragraph (c); 
 18.32     (3) the total amount of supplemental administrative 
 18.33  expenses required for assessment calculated under paragraph (c); 
 18.34     (4) the portion of the total amount of the supplemental 
 18.35  administrative expense assessment allocated to each membership 
 18.36  group and the rationale for that allocation; 
 19.1      (5) the manner of collecting the supplemental 
 19.2   administrative expense assessment from each membership group, 
 19.3   the number of assessment payments required during the year, and 
 19.4   the amount of each payment or the procedure used to determine 
 19.5   each payment; and 
 19.6      (6) any other information that the chief administrative 
 19.7   officer determines is necessary to fairly portray the manner in 
 19.8   which the supplemental administrative expense assessment was 
 19.9   determined and allocated. 
 19.10     (f) The disclosure notice must be provided annually in the 
 19.11  annual report of the association. 
 19.12     (g) The supplemental administrative expense assessments 
 19.13  must be deposited in the applicable teachers retirement fund 
 19.14  upon receipt. 
 19.15     (h) Any omitted active membership group assessments that 
 19.16  remain undeducted and unpaid to the teachers retirement fund 
 19.17  association for 90 days must be paid by the respective school 
 19.18  district.  The school district may recover any omitted active 
 19.19  membership group assessment amounts that it has previously 
 19.20  paid.  The teachers retirement fund association shall deduct any 
 19.21  omitted retired membership group assessment amounts from the 
 19.22  benefits next payable after the discovery of the omitted amounts.
 19.23     Sec. 35.  [354A.121] [INVESTMENT PROCEDURES FOR STATE AID 
 19.24  TO MINNEAPOLIS TEACHERS RETIREMENT PLAN.] 
 19.25     (a) Notwithstanding any provision of law to the contrary, 
 19.26  special direct state aid to the Minneapolis Teachers Retirement 
 19.27  Fund Association under section 354A.12, subdivision 3a or 3b, 
 19.28  and amortization or supplementary amortization state aid 
 19.29  reallocated to the Minneapolis Teachers Retirement Fund 
 19.30  Association, must be transferred and invested as provided in 
 19.31  this section. 
 19.32     (b) State aid for the Minneapolis Teachers Retirement Fund 
 19.33  Association referenced in paragraph (a) must be transferred to 
 19.34  the executive director of the State Board of Investment for 
 19.35  investment in the Minnesota supplemental investment fund.  The 
 19.36  Minneapolis Teachers Retirement Fund Association state aid 
 20.1   amounts and any investment return obtained on those amounts must 
 20.2   be invested in the income share account unless the executive 
 20.3   director of the State Board of Investment, after appropriate 
 20.4   consultation with the board of trustees of the Minneapolis 
 20.5   Teachers Retirement Fund Association, determines that the amount 
 20.6   should be invested in a different account.  The executive 
 20.7   director of the State Board of Investment, after appropriate 
 20.8   consultation with the board, may transfer amounts between 
 20.9   accounts in the Minnesota supplemental investment fund.  
 20.10     (c) If the assets of the Minneapolis teachers retirement 
 20.11  fund other than the assets to the credit of the Minneapolis 
 20.12  teachers retirement fund in the Minnesota supplemental 
 20.13  investment fund are insufficient to pay retirement annuities and 
 20.14  benefits that are due and payable or the reasonable and 
 20.15  necessary administrative expenses of the retirement plan that 
 20.16  are due and payable, the executive director of the State Board 
 20.17  of Investment shall transfer the required amount to meet that 
 20.18  insufficiency to the chief administrative officer of the 
 20.19  Minneapolis Teachers Retirement Fund Association. 
 20.20     (d) For purposes of annual actuarial valuations and annual 
 20.21  financial reports, the shares in the Minnesota supplemental 
 20.22  investment fund owned by the Minneapolis teachers retirement 
 20.23  fund must be considered an asset of the Minneapolis teachers 
 20.24  retirement fund. 
 20.25     Sec. 36.  Minnesota Statutes 2002, section 354A.28, 
 20.26  subdivision 9, is amended to read: 
 20.27     Subd. 9.  [ADDITIONAL INCREASE.] (a) In addition to the 
 20.28  postretirement increases granted under subdivision 8, paragraph 
 20.29  (b), an additional percentage increase must be computed and paid 
 20.30  is payable under this subdivision. 
 20.31     (b) The board of trustees shall determine the number of 
 20.32  annuities annuitants or benefit recipients who have been 
 20.33  receiving an annuity or benefit for at least 12 months as of the 
 20.34  current June 30 in total, for the coordinated program, and for 
 20.35  the basic program.  These recipients are entitled to receive the 
 20.36  surplus investment earnings additional postretirement increase. 
 21.1      (c) Annually, on June 30, the board of trustees of the 
 21.2   teachers retirement fund association shall determine the amount 
 21.3   of reserves in the annuity reserve fund as specified in 
 21.4   subdivision 6. 
 21.5      (d) Annually, on June 30, the board of trustees of the 
 21.6   Minneapolis Teachers Retirement Fund Association shall determine 
 21.7   the five-year annualized rate of return attributable to the 
 21.8   assets in the annuity reserve fund under the formula or formulas 
 21.9   specified in section 11A.04, clause (11) percentage increase 
 21.10  granted to eligible retirees of the teachers retirement 
 21.11  association on the prior January 1, under section 11A.18, 
 21.12  subdivision 9, paragraph (c). 
 21.13     (e) The board of trustees shall determine the amount of 
 21.14  excess five-year annualized rate of return over the 
 21.15  preretirement interest assumption as specified in section 
 21.16  356.215. 
 21.17     (f) (d) The additional increase must be determined by 
 21.18  multiplying the quantity one minus the rate of contribution 
 21.19  deficiency, as specified in the most recent actuarial report of 
 21.20  the actuary retained by the legislative commission on pensions 
 21.21  and retirement, times the rate of return excess as determined in 
 21.22  paragraph (e) for annuitants or benefit recipients of the 
 21.23  coordinated program is the percentage rate determined under 
 21.24  paragraph (c) and, if the Minneapolis Teachers Retirement Fund 
 21.25  Association has a funding ratio of at least 100 percent, the 
 21.26  additional increase for annuitants or benefit recipients of the 
 21.27  basic program is the percentage rate determined under paragraph 
 21.28  (c). 
 21.29     (g) (e) The additional increase is payable to all eligible 
 21.30  annuitants or benefit recipients on January 1 following the June 
 21.31  30 determination date under paragraphs (c) and (d). 
 21.32     Sec. 37.  [STATE LOTTERY; UNCLAIMED PRIZE MONEY; TRANSFER.] 
 21.33     The director of the state lottery, in consultation with the 
 21.34  commissioner of finance, shall determine how much money is still 
 21.35  available of the prize money that was considered unclaimed under 
 21.36  Minnesota Statutes, section 349A.08, subdivision 5, and that was 
 22.1   not committed to the prize of a lottery game under that section 
 22.2   before the 2004 fiscal year.  The director of the state lottery 
 22.3   shall transfer all available prize money to the general fund.  
 22.4      Sec. 38.  [SALE OF STATE LAND.] 
 22.5      Subdivision 1.  [STATE LAND SALES.] The commissioner of 
 22.6   administration shall coordinate with the head of each department 
 22.7   or agency having control of state-owned land to identify and 
 22.8   sell at least $6,075,000 of state-owned land before June 30, 
 22.9   2005, and an additional $6,000,000 by June 30, 2007.  Sales 
 22.10  should be completed according to law and as provided in this 
 22.11  section.  Sales required by this section are in addition to 
 22.12  sales required by laws enacted in 2003.  Notwithstanding 
 22.13  Minnesota Statutes, sections 94.09 and 94.10, or any other law 
 22.14  to the contrary, the commissioner may offer land for public sale 
 22.15  by only providing notice of lands or an offer of sale of lands 
 22.16  to state departments or agencies, the University of Minnesota, 
 22.17  cities, counties, towns, school districts, or other public 
 22.18  entities. 
 22.19     Subd. 2.  [ANTICIPATED SAVINGS.] Notwithstanding Minnesota 
 22.20  Statutes, section 94.16, subdivision 3, or other law to the 
 22.21  contrary, the amount of the proceeds from the sale of land under 
 22.22  this section that exceeds the actual expenses of selling the 
 22.23  land must be deposited in the general fund, except as otherwise 
 22.24  provided by the commissioner of finance.  Notwithstanding 
 22.25  Minnesota Statutes, section 94.11, the commissioner of finance 
 22.26  may establish the timing of payments for land purchased under 
 22.27  this section.  If the total of all money deposited into the 
 22.28  general fund from the proceeds of the sale of land under this 
 22.29  section is anticipated to be less than $6,075,000 in fiscal year 
 22.30  2005 and $6,000,000 in fiscal years 2006 and 2007, the governor 
 22.31  must allocate the amount of the difference as reductions to 
 22.32  general fund operating expenditures for other executive agencies.
 22.33     Subd. 3.  [REVOLVING LOAN FUND.] $192,200 is appropriated 
 22.34  from the general fund in fiscal year 2005 and an additional 
 22.35  $200,000 for the period ending June 30, 2007, to the 
 22.36  commissioner of administration for purposes of paying the actual 
 23.1   expenses of selling state-owned lands to achieve the anticipated 
 23.2   savings required in this section.  From the gross proceeds of 
 23.3   land sales under this section, the commissioner of 
 23.4   administration must cancel the amount of the appropriation in 
 23.5   this subdivision to the general fund by June 30, 2005.  
 23.6      Sec. 39.  [BUILDING RENTAL.] 
 23.7      (a) By July 1, 2004, the commissioner of administration 
 23.8   must issue a request for proposal seeking a person or entity to 
 23.9   lease the state-owned building at 168 Aurora Avenue in the city 
 23.10  of St. Paul.  The request for proposal and the resulting lease 
 23.11  must specify that: 
 23.12     (1) the tenant will use the building to operate a day care 
 23.13  and after-school activity center; 
 23.14     (2) the tenant will make and pay for any improvements 
 23.15  needed to allow the building to be used as a day care and 
 23.16  after-school activity center; and 
 23.17     (3) the state may terminate the lease as required by law, 
 23.18  or within 60 days after passage of a new law requiring the state 
 23.19  to terminate the lease. 
 23.20     (b) The commissioner of administration must enter into a 
 23.21  lease with a person or entity responding to the request for 
 23.22  proposal who demonstrates willingness and ability to meet the 
 23.23  conditions in paragraph (a), clauses (1) to (3).  The lease may 
 23.24  specify terms under which the state will reimburse the tenant 
 23.25  for a portion of the improvements the tenant makes to the 
 23.26  property at the conclusion of the lease. 
 23.27     Sec. 40.  [REPAYMENT.] 
 23.28     If the commissioner of administration is required to repay 
 23.29  the energy assessment account in the special revenue fund 
 23.30  because certain expenditures from the account did not comply 
 23.31  with law, the commissioner must make the repayment from previous 
 23.32  general fund appropriations to the Department of 
 23.33  Administration.  Any reductions in complement resulting from 
 23.34  this repayment must come from unclassified management positions. 
 23.35     Sec. 41.  [RESTRICTIONS ON DEMOLITION.] 
 23.36     No state money may be used for demolition of the Ford 
 24.1   Building at 117 University Avenue, Saint Paul, unless: 
 24.2      (1) the commissioner of administration makes reasonable 
 24.3   efforts to attempt to lease or transfer ownership of the 
 24.4   building to a person or entity that will preserve the historic 
 24.5   features of the building at no cost to the state; and 
 24.6      (2) the commissioner reports to the chairs of the senate 
 24.7   Finance Committee and the house Capital Investment Committee on 
 24.8   what efforts were made to lease or transfer ownership and why 
 24.9   these efforts were not successful. 
 24.10     Sec. 42.  [COMMISSIONER'S RECOMMENDATIONS ON FEE ACCOUNTS.] 
 24.11     By January 2, 2005, the commissioner of finance must report 
 24.12  to the Finance Committee of the senate and the Ways and Means 
 24.13  Committee of the house of representatives on the different 
 24.14  procedures for accounting for and appropriating licensing fee 
 24.15  revenue, and must make recommendations for consistent treatment 
 24.16  of that fee revenue. 
 24.17     Sec. 43.  [APPROPRIATION FOR ASSISTIVE TECHNOLOGY.] 
 24.18     $200,000 is appropriated from the general fund to the 
 24.19  commissioner of administration for a grant to Assistive 
 24.20  Technology of Minnesota as follows: 
 24.21     (1) $150,000 to administer a microloan program to support 
 24.22  the purchase of equipment and devices for people with 
 24.23  disabilities and their families and employers; and 
 24.24     (2) $50,000 to develop the access to telework program.  
 24.25  The appropriation is available until July 1, 2005. 
 24.26     Sec. 44.  [REPEALER.] 
 24.27     Minnesota Statutes 2003 Supplement, section 16A.151, 
 24.28  subdivision 5, is repealed. 
 24.29     Sec. 45.  [EFFECTIVE DATE.] 
 24.30     (a) Unless otherwise specified, sections 1 to 29 and 37 to 
 24.31  44 are effective the day following final enactment. 
 24.32     (b) Sections 30 to 36 are effective July 1, 2004. 
 24.33                             ARTICLE 2 
 24.34                        STATE BUDGET PROCESS 
 24.35     Section 1.  Minnesota Statutes 2002, section 3.23, is 
 24.36  amended to read: 
 25.1      3.23 [APPROPRIATIONS.] 
 25.2      A standing statutory appropriation, within the meaning of 
 25.3   this section and section 3.24, is one which sets apart a 
 25.4   specified or unspecified and open amount of public money or 
 25.5   funds of the state general fund for expenditure for a purpose 
 25.6   and makes the amount, or a part of it, available for use 
 25.7   continuously and at a time more distant than for a period of 
 25.8   time beyond the end of the second fiscal year after the session 
 25.9   of the legislature at which the appropriation is made.  
 25.10     Every appropriation stated to be an "annual appropriation," 
 25.11  "payable annually," "appropriated annually," or "annually 
 25.12  appropriated," and every appropriation described by equivalent 
 25.13  terms or language is a standing statutory appropriation as 
 25.14  defined in this section.  
 25.15     Sec. 2.  Minnesota Statutes 2002, section 3.98, subdivision 
 25.16  3, is amended to read: 
 25.17     Subd. 3.  [DISTRIBUTION.] A copy of the fiscal note shall 
 25.18  be delivered to the chair of the Appropriations Ways and Means 
 25.19  Committee of the house of representatives, the chair of the 
 25.20  Finance Committee of the senate, the chair of the standing 
 25.21  committee to which the bill has been referred, to the chief 
 25.22  author of the bill and to the commissioner of finance. 
 25.23     Sec. 3.  Minnesota Statutes 2002, section 15.16, 
 25.24  subdivision 5, is amended to read: 
 25.25     Subd. 5.  [OBTAINING RECOMMENDATION.] No control of 
 25.26  state-owned lands may be transferred between state departments 
 25.27  or agencies without the departments or agencies first consulting 
 25.28  the chairs of the senate Finance Committee and house of 
 25.29  representatives Appropriations Ways and Means Committee and 
 25.30  obtaining their recommendations.  The recommendations are 
 25.31  advisory only.  Failure to obtain a prompt recommendation is 
 25.32  deemed a negative recommendation. 
 25.33     Sec. 4.  Minnesota Statutes 2003 Supplement, section 
 25.34  16A.102, subdivision 1, is amended to read: 
 25.35     Subdivision 1.  [GOVERNOR'S RECOMMENDATION.] (a) By the 
 25.36  date specified in section 16A.11, subdivision 1, for submission 
 26.1   of parts one and two of the governor's budget, the governor 
 26.2   shall submit to the legislature a recommended revenue target for 
 26.3   the next two bienniums.  
 26.4      (b) The recommended revenue target must specify: 
 26.5      (1) the maximum share of Minnesota personal income to be 
 26.6   collected in taxes and other revenues to pay for state and local 
 26.7   government services; and 
 26.8      (2) the division of the share between state and local 
 26.9   government revenues; and 
 26.10     (3) the mix and rates of income, sales, and other state and 
 26.11  local taxes including property taxes and other revenues.  
 26.12     (c) The recommendations must be based on the November 
 26.13  forecast prepared under section 16A.103. 
 26.14     Sec. 5.  Minnesota Statutes 2002, section 16A.102, 
 26.15  subdivision 2, is amended to read: 
 26.16     Subd. 2.  [LEGISLATIVE BUDGET RESOLUTION.] (a) By March 15 
 26.17  of each odd-numbered year, the legislature shall by concurrent 
 26.18  resolution adopt revenue targets for the next two bienniums.  
 26.19     (b) The resolution must specify: 
 26.20     (1) the maximum share of Minnesota personal income to be 
 26.21  collected in taxes and other revenues to pay for state and local 
 26.22  government services; and 
 26.23     (2) the division of the share between state and local 
 26.24  government services; and 
 26.25     (3) the mix and rates of income, sales, and other state and 
 26.26  local taxes including property taxes and other revenues. 
 26.27     (c) The resolution must be based on the February forecast 
 26.28  prepared under section 16A.103 and take into consideration the 
 26.29  revenue targets recommended by the governor under subdivision 1. 
 26.30     Sec. 6.  Minnesota Statutes 2002, section 16A.102, is 
 26.31  amended by adding a subdivision to read: 
 26.32     Subd. 4.  [REPORTING INFORMATION.] When updated information 
 26.33  is available at the time of a state revenue and expenditure 
 26.34  forecast as specified in section 16A.103, subdivision 1, and 
 26.35  after the completion of a legislative session, the Department of 
 26.36  Finance must report on revenue relative to personal income as 
 27.1   specified in subdivision 1. 
 27.2      Sec. 7.  Minnesota Statutes 2002, section 16A.641, 
 27.3   subdivision 2, is amended to read: 
 27.4      Subd. 2.  [REPORT.] Before a sale of general obligation 
 27.5   bonds, the commissioner shall report the amount of bonds to be 
 27.6   issued and a detailed list of the projects or a statement of the 
 27.7   program to be financed to the chairs of the house Appropriations 
 27.8   Ways and Means and Tax Committees and of the senate Finance and 
 27.9   Tax Committees, and the minority leaders of the house and 
 27.10  senate, for their advisory recommendation.  The recommendation 
 27.11  is positive if not received within ten days.  
 27.12     Sec. 8.  Minnesota Statutes 2002, section 16B.24, 
 27.13  subdivision 3, is amended to read: 
 27.14     Subd. 3.  [DISPOSAL OF OLD BUILDINGS.] The commissioner, 
 27.15  upon request of the head of an agency which has control of a 
 27.16  state-owned building which is no longer used or which is a fire 
 27.17  or safety hazard, shall, after obtaining approval of the chairs 
 27.18  of the senate Finance Committee and house of 
 27.19  representatives Appropriations Ways and Means Committee, sell, 
 27.20  wreck, or otherwise dispose of the building.  In the event a 
 27.21  sale is made the proceeds shall be deposited in the proper 
 27.22  account or in the general fund.  
 27.23     Sec. 9.  Minnesota Statutes 2002, section 16B.31, 
 27.24  subdivision 3, is amended to read: 
 27.25     Subd. 3.  [FEDERAL AID.] (a)  [APPLICATION FOR AID.] The 
 27.26  commissioner, or any other agency to whom an appropriation is 
 27.27  made for a capital improvement, shall apply for the maximum 
 27.28  federal share for each project.  
 27.29     (b)  [ACCEPTANCE OF AID.] The commissioner is the state 
 27.30  agency empowered to accept money provided for or made available 
 27.31  to this state by the United States of America or any federal 
 27.32  department or agency for the construction and equipping of any 
 27.33  building for state purposes not otherwise provided for by law, 
 27.34  other than University of Minnesota buildings, in accordance with 
 27.35  the provisions of federal law and any rules or regulations 
 27.36  promulgated under federal law.  The commissioner may do whatever 
 28.1   is required of this state by federal law, rules, and regulations 
 28.2   in order to obtain the federal money.  
 28.3      (c)  [FEDERAL FUNDS CONSIDERED PART OF APPROPRIATION.] The 
 28.4   commissioner may after consultation with the chairs of the 
 28.5   senate Finance Committee and house of representatives 
 28.6   Appropriations Ways and Means Committee, adopt a plan, provide 
 28.7   for an improvement, or construct a building that contemplates 
 28.8   expenditure for its completion of more money than the 
 28.9   appropriation for it, if the excess money is provided by the 
 28.10  United States government and granted to the state of Minnesota 
 28.11  under federal law or any rule or regulation promulgated under 
 28.12  federal law.  This federal money, for the purpose of this 
 28.13  section, is a part of the appropriation for the project.  
 28.14     (d)  [DELAYED FEDERAL MONEY.] If an amount is payable to a 
 28.15  creditor of the state from a project account which is financed 
 28.16  partly with federal money and the project is included in 
 28.17  appropriations made to the commissioner for public buildings and 
 28.18  equipment, and the amount cannot be paid on time because of a 
 28.19  deficiency of money in the project account caused by a delay in 
 28.20  the receipt of federal money, the commissioner may provide money 
 28.21  needed to pay the amount by temporarily transferring the sum to 
 28.22  the project account from any other appropriation made to the 
 28.23  commissioner in the same act.  Required money for a payment is 
 28.24  appropriated for that purpose.  When the delayed federal money 
 28.25  is received, the commissioner shall have the amount of money 
 28.26  transferred returned to the account from which it came.  
 28.27     Sec. 10.  Minnesota Statutes 2003 Supplement, section 
 28.28  84.026, is amended to read: 
 28.29     84.026 [CONTRACTS AND GRANTS FOR PROVISION OF NATURAL 
 28.30  RESOURCES SERVICES.] 
 28.31     The commissioner of natural resources is authorized to 
 28.32  enter into contractual or grant agreements with any public or 
 28.33  private entity for the provision of statutorily prescribed 
 28.34  natural resources services by or for the department.  The 
 28.35  contracts or grants shall specify the services to be provided 
 28.36  and the amount and method of reimbursement.  Funds generated in 
 29.1   a contractual agreement made pursuant to this section shall be 
 29.2   deposited in the special revenue fund and are appropriated to 
 29.3   the department for purposes of providing the services specified 
 29.4   in the contracts.  All contractual and grant agreements shall be 
 29.5   processed in accordance with the provisions of section 16C.05.  
 29.6   The commissioner shall report revenues collected and 
 29.7   expenditures made under this section to the chairs of the 
 29.8   Committees on Appropriations Ways and Means in the house and 
 29.9   Finance in the senate by January 1 of each odd-numbered year. 
 29.10     Sec. 11.  Minnesota Statutes 2002, section 85A.02, 
 29.11  subdivision 5a, is amended to read: 
 29.12     Subd. 5a.  [EMPLOYEES.] (a) The board shall appoint an 
 29.13  administrator who shall serve as the executive secretary and 
 29.14  principal administrative officer of the board and, subject to 
 29.15  its approval, shall operate the Minnesota Zoological Garden and 
 29.16  enforce all rules and policy decisions of the board.  The 
 29.17  administrator must be chosen solely on the basis of training, 
 29.18  experience, and other qualifications appropriate to the field of 
 29.19  zoo management and development.  The board shall set the salary 
 29.20  of the administrator.  The salary of the administrator may not 
 29.21  exceed 130 percent of the salary of the governor; however, any 
 29.22  amount exceeding 95 percent of the salary of the governor must 
 29.23  consist of nonstate funds.  The administrator shall perform 
 29.24  duties assigned by the board and serves in the unclassified 
 29.25  service at the pleasure of the board.  The administrator, with 
 29.26  the participation of the board, shall appoint a development 
 29.27  director in the unclassified service or contract with a 
 29.28  development consultant to establish mechanisms to foster 
 29.29  community participation in and community support for the 
 29.30  Minnesota Zoological Garden.  The board may employ other 
 29.31  necessary professional, technical, and clerical personnel.  
 29.32  Employees of the zoological garden are eligible for salary 
 29.33  supplement in the same manner as employees of other state 
 29.34  agencies.  The commissioner of finance shall determine the 
 29.35  amount of salary supplement based on available funds. 
 29.36     (b) The board may contract with individuals to perform 
 30.1   professional services and may contract for the purchases of 
 30.2   necessary species exhibits, supplies, services, and equipment. 
 30.3   The board may also contract for the construction and operation 
 30.4   of entertainment facilities on the zoo grounds that are not 
 30.5   directly connected to ordinary functions of the zoological 
 30.6   garden.  The zoo board may not enter into a final agreement for 
 30.7   construction of an entertainment facility that is not directly 
 30.8   connected to the ordinary functions of the zoo until after final 
 30.9   construction plans have been submitted to the chairs of the 
 30.10  senate Finance and house Appropriations Ways and Means 
 30.11  Committees for their recommendations. 
 30.12     The zoo may not contract for entertainment during the 
 30.13  period of the Minnesota State Fair that would directly compete 
 30.14  with entertainment at the Minnesota State Fair. 
 30.15     Sec. 12.  Minnesota Statutes 2002, section 115A.557, 
 30.16  subdivision 4, is amended to read: 
 30.17     Subd. 4.  [REPORT.] By July 1 of each odd-numbered year, 
 30.18  the director shall report on how the money was spent and the 
 30.19  resulting statewide improvements in solid waste management to 
 30.20  the house of representatives and senate Appropriations Ways and 
 30.21  Means, Finance, and Environment and Natural Resources 
 30.22  Committees, the Finance Division of the senate Committee on 
 30.23  Environment and Natural Resources, and the house of 
 30.24  representatives Committee on Environment and Natural Resources 
 30.25  Finance.  The report shall be included in the report required 
 30.26  under section 115A.411. 
 30.27     Sec. 13.  Minnesota Statutes 2003 Supplement, section 
 30.28  116J.966, subdivision 1, is amended to read: 
 30.29     Subdivision 1.  [GENERALLY.] (a) The commissioner shall 
 30.30  promote, develop, and facilitate trade and foreign investment in 
 30.31  Minnesota.  In furtherance of these goals, and in addition to 
 30.32  the powers granted by section 116J.035, the commissioner may:  
 30.33     (1) locate, develop, and promote international markets for 
 30.34  Minnesota products and services; 
 30.35     (2) arrange and lead trade missions to countries with 
 30.36  promising international markets for Minnesota goods, technology, 
 31.1   services, and agricultural products; 
 31.2      (3) promote Minnesota products and services at domestic and 
 31.3   international trade shows; 
 31.4      (4) organize, promote, and present domestic and 
 31.5   international trade shows featuring Minnesota products and 
 31.6   services; 
 31.7      (5) host trade delegations and assist foreign traders in 
 31.8   contacting appropriate Minnesota businesses and investments; 
 31.9      (6) develop contacts with Minnesota businesses and gather 
 31.10  and provide information to assist them in locating and 
 31.11  communicating with international trading or joint venture 
 31.12  counterparts; 
 31.13     (7) provide information, education, and counseling services 
 31.14  to Minnesota businesses regarding the economic, commercial, 
 31.15  legal, and cultural contexts of international trade; 
 31.16     (8) provide Minnesota businesses with international trade 
 31.17  leads and information about the availability and sources of 
 31.18  services relating to international trade, such as export 
 31.19  financing, licensing, freight forwarding, international 
 31.20  advertising, translation, and custom brokering; 
 31.21     (9) locate, attract, and promote foreign direct investment 
 31.22  and business development in Minnesota to enhance employment 
 31.23  opportunities in Minnesota; 
 31.24     (10) provide foreign businesses and investors desiring to 
 31.25  locate facilities in Minnesota information regarding sources of 
 31.26  governmental, legal, real estate, financial, and business 
 31.27  services; 
 31.28     (11) enter into contracts or other agreements with private 
 31.29  persons and public entities, including agreements to establish 
 31.30  and maintain offices and other types of representation in 
 31.31  foreign countries, to carry out the purposes of promoting 
 31.32  international trade and attracting investment from foreign 
 31.33  countries to Minnesota and to carry out this section, without 
 31.34  regard to section 16C.06; and 
 31.35     (12) market trade-related materials to businesses and 
 31.36  organizations, and the proceeds of which must be placed in a 
 32.1   special revolving account and are appropriated to the 
 32.2   commissioner to prepare and distribute trade-related materials.  
 32.3      (b) The programs and activities of the commissioner of 
 32.4   employment and economic development and the Minnesota Trade 
 32.5   Division may not duplicate programs and activities of the 
 32.6   commissioner of agriculture or the Minnesota World Trade Center. 
 32.7      (c) The commissioner shall notify the chairs of the senate 
 32.8   Finance and house Appropriations Ways and Means Committees of 
 32.9   each agreement under this subdivision to establish and maintain 
 32.10  an office or other type of representation in a foreign country. 
 32.11     Sec. 14.  Minnesota Statutes 2002, section 116O.071, 
 32.12  subdivision 3, is amended to read: 
 32.13     Subd. 3.  [AUTHORITY TO PERFORM REQUESTED EVALUATIONS.] The 
 32.14  governor, speaker of the house of representatives, house of 
 32.15  representatives minority leader, senate majority leader, senate 
 32.16  minority leader, chair of the house of representatives 
 32.17  Appropriations Ways and Means Committee, chair of the senate 
 32.18  Finance Committee, director, or a member of the legislature 
 32.19  considering the introduction or approval of legislation 
 32.20  containing funding for scientifically and technologically 
 32.21  related research and development may request the corporation to 
 32.22  evaluate a loan or grant made or to be made or the proposed 
 32.23  legislation for funding scientifically and technologically 
 32.24  related research and development to determine (1) whether it 
 32.25  complies with the guidelines required by subdivision 1, clause 
 32.26  (1), item (ii); (2) whether it is technically feasible; and (3) 
 32.27  for development proposals, whether the proposal appears to have 
 32.28  the potential for economic development.  Ad hoc committees may 
 32.29  be appointed by the corporation. 
 32.30     Sec. 15.  Minnesota Statutes 2002, section 116P.08, 
 32.31  subdivision 3, is amended to read: 
 32.32     Subd. 3.  [STRATEGIC PLAN REQUIRED.] (a) The commission 
 32.33  shall adopt a strategic plan for making expenditures from the 
 32.34  trust fund, including identifying the priority areas for funding 
 32.35  for the next six years.  The strategic plan must be updated 
 32.36  every two years.  The plan is advisory only.  The commission 
 33.1   shall submit the plan, as a recommendation, to the house of 
 33.2   representatives Appropriations Ways and Means and senate Finance 
 33.3   Committees by January 1 of each odd-numbered year. 
 33.4      (b) The commission may accept or modify the draft of the 
 33.5   strategic plan submitted to it by the advisory committee before 
 33.6   voting on the plan's adoption. 
 33.7      Sec. 16.  Minnesota Statutes 2002, section 144.701, 
 33.8   subdivision 4, is amended to read: 
 33.9      Subd. 4.  [FILING FEES.] Each report which is required to 
 33.10  be submitted to the commissioner of health under sections 
 33.11  144.695 to 144.703 and which is not submitted to a voluntary, 
 33.12  nonprofit reporting organization in accordance with section 
 33.13  144.702 shall be accompanied by a filing fee in an amount 
 33.14  prescribed by rule of the commissioner of health.  Upon the 
 33.15  withdrawal of approval of a reporting organization, or the 
 33.16  decision of the commissioner to not renew a reporting 
 33.17  organization, fees collected under section 144.702 shall be 
 33.18  submitted to the commissioner.  Fees received under this 
 33.19  subdivision shall be deposited in a revolving fund and are 
 33.20  appropriated to the commissioner of health for the purposes of 
 33.21  sections 144.695 to 144.703.  The commissioner shall report the 
 33.22  termination or nonrenewal of the voluntary reporting 
 33.23  organization to the chair of the Health and Human Services 
 33.24  Subdivision of the Appropriations Finance Committee of the house 
 33.25  of representatives, to the chair of the Health and Human 
 33.26  Services Division of the Finance Committee of the senate, and 
 33.27  the commissioner of finance. 
 33.28     Sec. 17.  Minnesota Statutes 2002, section 245.90, is 
 33.29  amended to read: 
 33.30     245.90 [COURT AWARDED FUNDS, DISPOSITION.] 
 33.31     The commissioner of human services shall notify the house 
 33.32  Appropriations Ways and Means and senate Finance Committees of 
 33.33  the terms of any contractual arrangement entered into by the 
 33.34  commissioner and the attorney general, pursuant to an order of 
 33.35  any court of law, which provides for the receipt of funds by the 
 33.36  commissioner.  
 34.1      Any funds recovered or received by the commissioner 
 34.2   pursuant to an order of any court of law shall be placed in the 
 34.3   general fund.  
 34.4      Sec. 18.  Minnesota Statutes 2002, section 270.063, 
 34.5   subdivision 1, is amended to read: 
 34.6      Subdivision 1.  [APPROPRIATION.] For the purpose of 
 34.7   collecting delinquent state tax liabilities or debts as defined 
 34.8   in section 16D.02, subdivision 3, there is appropriated to the 
 34.9   commissioner of revenue an amount representing the cost of 
 34.10  collection by contract with collection agencies, revenue 
 34.11  departments of other states, or attorneys to enable the 
 34.12  commissioner to reimburse these agencies, departments, or 
 34.13  attorneys for this service.  The commissioner shall report 
 34.14  quarterly on the status of this program to the chair of the 
 34.15  house Tax and Appropriation Ways and Means Committees and senate 
 34.16  Tax and Finance Committees. 
 34.17     Sec. 19.  Minnesota Statutes 2002, section 270.71, is 
 34.18  amended to read: 
 34.19     270.71 [ACQUISITION AND RESALE OF SEIZED PROPERTY.] 
 34.20     For the purpose of enabling the commissioner of revenue to 
 34.21  purchase or redeem seized property in which the state of 
 34.22  Minnesota has an interest arising from a lien for unpaid taxes, 
 34.23  or to provide for the operating costs of collection activities 
 34.24  of the Department of Revenue, there is appropriated to the 
 34.25  commissioner an amount representing the cost of such purchases, 
 34.26  redemptions, or collection activities.  Seized property acquired 
 34.27  by the state of Minnesota to satisfy unpaid taxes shall be 
 34.28  resold by the commissioner.  The commissioner shall preserve the 
 34.29  value of seized property while controlling it, including but not 
 34.30  limited to the procurement of insurance.  For the purpose of 
 34.31  refunding the proceeds from the sale of levied or redeemed 
 34.32  property which are in excess of the actual tax liability plus 
 34.33  costs of acquiring the property, there is hereby created a 
 34.34  levied and redeemed property refund account in the agency fund.  
 34.35  All amounts deposited into this account are appropriated to the 
 34.36  commissioner of revenue.  The commissioner shall report 
 35.1   quarterly on the status of this program to the chairs of the 
 35.2   house Taxes and Appropriations Ways and Means Committees and 
 35.3   senate Taxes and Tax Laws and Finance Committees. 
 35.4                              ARTICLE 3 
 35.5                       FAIR CAMPAIGN REFORM ACT 
 35.6      Section 1.  [CITATION.] 
 35.7      This article may be cited as the Fair Campaign Reform Act. 
 35.8      Sec. 2.  Minnesota Statutes 2002, section 10A.02, 
 35.9   subdivision 1, is amended to read: 
 35.10     Subdivision 1.  [MEMBERSHIP.] The Campaign Finance and 
 35.11  Public Disclosure Board is composed of six nine members.  The 
 35.12  governor must appoint the members with the advice and consent of 
 35.13  three-fifths of both the senate and the house of representatives 
 35.14  acting separately.  If either house fails to confirm the 
 35.15  appointment of a board member within 45 legislative days after 
 35.16  appointment or by adjournment sine die, whichever occurs first, 
 35.17  the appointment terminates on the day following the 45th 
 35.18  legislative day or on adjournment sine die, whichever occurs 
 35.19  first.  If either house votes not to confirm an appointment, the 
 35.20  appointment terminates on the day following the vote not to 
 35.21  confirm.  Two members must be former members of the legislature 
 35.22  who support different political parties; two three members must 
 35.23  be persons who have not been public officials, held any 
 35.24  political party office other than precinct delegate, or been 
 35.25  elected to public office for which party designation is required 
 35.26  by statute in the three years preceding the date of their 
 35.27  appointment; and the other two four members must support 
 35.28  different political parties.  No more than three of the members 
 35.29  of the board may support the same political party.  No member of 
 35.30  the board may currently serve as a lobbyist. 
 35.31     Sec. 3.  Minnesota Statutes 2002, section 10A.02, 
 35.32  subdivision 2, is amended to read: 
 35.33     Subd. 2.  [VACANCY; TERMS.] An appointment to fill a 
 35.34  vacancy is made only for the unexpired term of a member who is 
 35.35  being replaced and the appointee must meet the same stated 
 35.36  qualifications as the member being replaced.  The membership 
 36.1   terms, compensation, and removal of members on the board are as 
 36.2   provided in section 15.0575, except that the extension of terms 
 36.3   and the filling of vacancies are subject to the advice and 
 36.4   consent of the legislature in the same manner as provided in 
 36.5   subdivision 1, and that the compensation for a member attending 
 36.6   an expedited hearing under section 10A.63 is $100 per day. 
 36.7      Sec. 4.  Minnesota Statutes 2002, section 10A.02, 
 36.8   subdivision 3, is amended to read: 
 36.9      Subd. 3.  [VOTE REQUIRED.] The concurring vote of four six 
 36.10  members of the board is required to decide any matter before the 
 36.11  board. 
 36.12     Sec. 5.  Minnesota Statutes 2002, section 10A.02, 
 36.13  subdivision 7, is amended to read: 
 36.14     Subd. 7.  [POLITICAL ACTIVITY.] (a) All members and 
 36.15  employees of the board are subject to any provisions of law 
 36.16  regulating political activity by state employees.  In addition, 
 36.17  no member or employee of the board may be a candidate for, or 
 36.18  holder of, (1) a national, state, congressional district, 
 36.19  legislative district, county, or precinct office in a political 
 36.20  party, or (2) an elected public office for which party 
 36.21  designation is required by statute.  
 36.22     (b) A member or employee of the board must not serve on a 
 36.23  committee supporting or opposing a candidate or ballot question 
 36.24  and must not make a contribution to or solicit a contribution on 
 36.25  behalf of a candidate, political committee, political fund, 
 36.26  party unit, or ballot question.  For purposes of this paragraph, 
 36.27  "candidate" includes a state candidate, as defined in section 
 36.28  10A.01, subdivision 10, and a local candidate, as defined in 
 36.29  section 211A.01, subdivision 3. 
 36.30     Sec. 6.  Minnesota Statutes 2002, section 10A.02, 
 36.31  subdivision 12, is amended to read: 
 36.32     Subd. 12.  [ADVISORY OPINIONS.] (a) The board may issue and 
 36.33  publish advisory opinions on the requirements of this chapter or 
 36.34  chapter 211A or 211B based upon real or hypothetical 
 36.35  situations.  An application for an advisory opinion may be made 
 36.36  only by an individual or association who wishes to use the 
 37.1   opinion to guide the individual's or the association's own 
 37.2   conduct.  The board must issue written opinions on all such 
 37.3   questions submitted to it within 30 days after receipt of 
 37.4   written application, unless a majority of the board agrees to 
 37.5   extend the time limit.  
 37.6      (b) A written advisory opinion issued by the board is 
 37.7   binding on the board in a subsequent board proceeding concerning 
 37.8   the person making or covered by the request and is a defense in 
 37.9   a judicial proceeding that involves the subject matter of the 
 37.10  opinion and is brought against the person making or covered by 
 37.11  the request unless: 
 37.12     (1) the board has amended or revoked the opinion before the 
 37.13  initiation of the board or judicial proceeding, has notified the 
 37.14  person making or covered by the request of its action, and has 
 37.15  allowed at least 30 days for the person to do anything that 
 37.16  might be necessary to comply with the amended or revoked 
 37.17  opinion; 
 37.18     (2) the request has omitted or misstated material facts; or 
 37.19     (3) the person making or covered by the request has not 
 37.20  acted in good faith in reliance on the opinion. 
 37.21     (c) A request for an opinion and the opinion itself are 
 37.22  nonpublic data.  The board, however, may publish an opinion or a 
 37.23  summary of an opinion, but may not include in the publication 
 37.24  the name of the requester, the name of a person covered by a 
 37.25  request from an agency or political subdivision, or any other 
 37.26  information that might identify the requester, unless the person 
 37.27  consents to the inclusion. 
 37.28     Sec. 7.  [10A.61] [COMPLAINTS OF UNFAIR CAMPAIGN 
 37.29  PRACTICES.] 
 37.30     Subdivision 1.  [ADMINISTRATIVE REMEDY; EXHAUSTION.] A 
 37.31  complaint alleging a violation of chapter 211A or 211B or 
 37.32  sections 383B.041 to 383B.058 must be filed with the board.  The 
 37.33  complaint must be finally disposed of by the board, or a panel 
 37.34  of the board, before the alleged violation may be prosecuted by 
 37.35  a county attorney. 
 37.36     Subd. 2.  [LIMITATION ON FILING.] The complaint must be 
 38.1   filed within one year after the occurrence of the act or failure 
 38.2   to act that is the subject of the complaint, except that if the 
 38.3   act or failure to act involves fraud, concealment, or 
 38.4   misrepresentation that could not be discovered during that 
 38.5   one-year period, the complaint may be filed within one year 
 38.6   after the fraud, concealment, or misrepresentation was 
 38.7   discovered. 
 38.8      Subd. 3.  [FORM OF COMPLAINT.] The complaint must be in 
 38.9   writing, submitted under oath, and detail the factual basis for 
 38.10  the claim that a violation of law has occurred.  The board may 
 38.11  prescribe the form of a complaint. 
 38.12     Subd. 4.  [PROOF OF CLAIM.] The burden of proving the 
 38.13  allegations in the complaint is on the complainant.  The 
 38.14  standard of proof of a violation of section 211B.06, relating to 
 38.15  false statements in paid political advertising or campaign 
 38.16  material, is clear and convincing evidence.  The standard of 
 38.17  proof of any other violation of chapter 211A or 211B or sections 
 38.18  383B.041 to 383B.058 is a preponderance of the evidence. 
 38.19     Subd. 5.  [FILING FEE; WAIVER.] (a) The complaint must be 
 38.20  accompanied by a filing fee of $50, unless filed by a filing 
 38.21  officer under section 211A.05, subdivision 2.  
 38.22     (b) The board may waive the payment of the filing fee.  An 
 38.23  individual seeking a waiver of the fee must file with the board 
 38.24  an affidavit stating that the individual is financially unable 
 38.25  to pay the fee because the individual is receiving public 
 38.26  assistance or has an annual income not greater than 125 percent 
 38.27  of the poverty line established under United States Code, title 
 38.28  42, section 9902(2), or because of another good and sufficient 
 38.29  reason.  
 38.30     Subd. 6.  [REQUEST TO EXPEDITE.] If the complaint is filed 
 38.31  within 60 days before the primary or special election, or within 
 38.32  90 days before the general election to which the complaint 
 38.33  relates, the complainant may file with the board a request for 
 38.34  an expedited hearing under section 10A.63. 
 38.35     Subd. 7.  [SERVICE ON RESPONDENT.] Upon receipt of the 
 38.36  filed complaint, the board must serve a copy of the complaint on 
 39.1   the respondent. 
 39.2      Sec. 8.  [10A.62] [REVIEW BY EXECUTIVE DIRECTOR.] 
 39.3      Subdivision 1.  [TIME FOR REVIEW.] When practicable, within 
 39.4   one business day after the complaint was filed with the board, 
 39.5   but not longer than three business days, the executive director 
 39.6   must review the complaint and make a recommendation to the board 
 39.7   for its disposition. 
 39.8      Subd. 2.  [RECOMMENDATION.] (a) If the executive director 
 39.9   determines that the complaint does not set forth a prima facie 
 39.10  violation of chapter 211A or 211B or sections 383B.041 to 
 39.11  383B.058, the recommendation must be to dismiss the complaint.  
 39.12  The board may dismiss the complaint without a hearing, as 
 39.13  provided in section 10A.65, subdivision 2. 
 39.14     (b) If the executive director determines that the complaint 
 39.15  sets forth a prima facie violation of section 211B.06 and that 
 39.16  the complaint was filed within 60 days before the primary or 
 39.17  special election or within 90 days before the general election 
 39.18  to which the complaint relates, the recommendation must be that 
 39.19  the complaint receive an expedited hearing under section 10A.63. 
 39.20     (c) If the executive director determines that the complaint 
 39.21  sets forth a prima facie violation of a provision of chapter 
 39.22  211A or 211B, other than section 211B.06, or sections 383B.041 
 39.23  to 383B.058, and that the complaint was filed within 60 days 
 39.24  before the primary or special election or within 90 days before 
 39.25  the general election to which the complaint relates, the 
 39.26  executive director may recommend that the complaint receive an 
 39.27  expedited hearing under section 10A.63.  If the complaint was 
 39.28  accompanied by a request from the complainant for an expedited 
 39.29  hearing, the executive director must note the request along with 
 39.30  the recommendation.  In making the recommendation for an 
 39.31  expedited hearing, the executive director must consider the 
 39.32  gravity and urgency of the complaint and the number of 
 39.33  complaints pending before panels of the board. 
 39.34     (d) If the complaint is not disposed of under paragraphs 
 39.35  (a) to (c), the executive director must recommend that it be 
 39.36  heard by the board under section 10A.64.  
 40.1      Subd. 3.  [NOTICE TO PARTIES.] The board must notify all 
 40.2   parties to the complaint of the recommendation made under 
 40.3   subdivision 2 and that the respondent may submit evidence for 
 40.4   consideration by the board or a panel of the board. 
 40.5      Subd. 4.  [JOINDER AND SEPARATION OF COMPLAINTS.] The 
 40.6   executive director may join two or more complaints if the 
 40.7   executive director determines that the allegations in each 
 40.8   complaint are of the same or similar character, are based on the 
 40.9   same act or failure to act, or are based on two or more acts or 
 40.10  failures to act constituting parts of a common scheme or plan.  
 40.11  If one complaint contains two or more allegations, the executive 
 40.12  director may separate the allegations if they are not of the 
 40.13  same or similar character, if they are not based on the same act 
 40.14  or failure to act, or if they are not based on two or more acts 
 40.15  or failures to act constituting parts of a common scheme or 
 40.16  plan.  If the executive director separates the allegations in a 
 40.17  complaint, the executive director may make separate 
 40.18  recommendations under subdivision 2 for each allegation. 
 40.19     Sec. 9.  [10A.63] [EXPEDITED HEARING.] 
 40.20     Subdivision 1.  [ACTION ON RECOMMENDATION.] If the 
 40.21  executive director has recommended under section 10A.62, 
 40.22  subdivision 2, paragraph (b), that the complaint receive an 
 40.23  expedited hearing, the board chair must schedule it for an 
 40.24  expedited hearing.  If the executive director has recommended 
 40.25  under section 10A.62, subdivision 2, paragraph (c), that the 
 40.26  complaint receive an expedited hearing, or if the executive 
 40.27  director has recommended under section 10A.62, subdivision 2, 
 40.28  paragraph (d), that the complaint be heard by the board without 
 40.29  an expedited hearing, the recommendation must be submitted to 
 40.30  all the members of the board.  The board chair, or any three 
 40.31  other members of the board, may instruct the executive director 
 40.32  to schedule it for an expedited hearing. 
 40.33     Subd. 2.  [APPOINTMENT OF PANEL.] The board chair must 
 40.34  select by lot a panel of at least three members of the board, no 
 40.35  more than half of whom support the same political party, to hear 
 40.36  the complaint and determine whether there is probable cause to 
 41.1   refer the complaint to the full board for a hearing under 
 41.2   section 10A.64.  
 41.3      Subd. 3.  [HEARING.] The panel must hold one expedited 
 41.4   public hearing on the complaint no later than two business days 
 41.5   after the executive director made the recommendation for an 
 41.6   expedited hearing, except that for good cause the panel may hold 
 41.7   the hearing no later than seven days after the executive 
 41.8   director made the recommendation.  This deadline may be extended 
 41.9   by agreement of all parties to the complaint, but the hearing 
 41.10  must be held not later than 90 days after the complaint was 
 41.11  filed.  The hearing may be conducted by a conference telephone 
 41.12  call that meets all the requirements of section 13D.02 for 
 41.13  public meetings by interactive television, except that it need 
 41.14  not meet the requirement that participants be able to see each 
 41.15  other.  All members of the panel must be present, either in 
 41.16  person or by electronic means, before any official action may be 
 41.17  taken.  The respondent may submit a response, including 
 41.18  supporting affidavits and documentation, for consideration by 
 41.19  the panel.  A vote of a majority of all members of the panel is 
 41.20  required for any official action. 
 41.21     Subd. 4.  [DISPOSITION.] At the expedited hearing, the 
 41.22  panel must make only one of the following determinations: 
 41.23     (a) There is no probable cause to believe that the 
 41.24  violation of law alleged in the complaint has occurred.  If the 
 41.25  panel so determines by a unanimous vote of all the members, it 
 41.26  must dismiss the complaint.  If the vote to dismiss is not 
 41.27  unanimous, the panel must forward the complaint to the board for 
 41.28  dismissal under section 10A.65, subdivision 2.  
 41.29     (b) There is probable cause to believe that the violation 
 41.30  of law alleged in the complaint has occurred.  If the panel so 
 41.31  determines, it must refer the complaint to the board.  The board 
 41.32  must hear the complaint under section 10A.64 within ten days 
 41.33  after the panel referred the complaint to it. 
 41.34     (c) The evidence is insufficient for the panel to make a 
 41.35  determination under paragraph (a) or (b) and further 
 41.36  investigation of the complaint is necessary.  If the panel 
 42.1   requests an investigation, it may consider the results of the 
 42.2   investigation or it may refer the complaint to the board and the 
 42.3   board must hold a hearing under section 10A.64. 
 42.4      Subd. 5.  [RECONSIDERATION BY ENTIRE BOARD.] (a) If the 
 42.5   panel dismisses the complaint, the panel shall provide to the 
 42.6   complainant written notice of:  (i) the right to seek 
 42.7   reconsideration of the panel's decision by the entire board, 
 42.8   under section 10A.64; and (ii) the cost-shifting and 
 42.9   fee-shifting provisions of paragraph (c). 
 42.10     (b) A petition for reconsideration must be filed within two 
 42.11  business days after the dismissal.  The board must render its 
 42.12  decision on the petition within three business days after 
 42.13  receiving the petition.  If the petition for reconsideration is 
 42.14  granted, the board must hear the complaint under section 10A.64 
 42.15  within five business days after granting the petition. 
 42.16     (c) If the petition for reconsideration is not granted, the 
 42.17  board may order the complainant who filed the petition to pay:  
 42.18  (i) to the respondent, reasonable attorney fees for legal costs 
 42.19  incurred following the panel's decision; and (ii) to the general 
 42.20  fund, the costs of the panel that dismissed the complaint as 
 42.21  determined by the board. 
 42.22     Sec. 10.  [10A.64] [HEARING BY BOARD.] 
 42.23     Subdivision 1.  [REVIEW BY BOARD.] The board must review 
 42.24  each complaint referred to it by the executive director under 
 42.25  section 10A.62 or by a panel under section 10A.63.  The board 
 42.26  may dismiss the complaint under section 10A.65, subdivision 2.  
 42.27  If the board decides that the evidence is insufficient for it to 
 42.28  determine whether the violation alleged in the complaint has 
 42.29  occurred, the board may request an investigation.  
 42.30     Subd. 2.  [DEADLINE FOR HEARING.] Unless dismissed, or 
 42.31  expedited under section 10A.63, the board must hold its first 
 42.32  hearing on each complaint within the following times: 
 42.33     (1) 30 days after the complaint was filed, if the complaint 
 42.34  was filed within 60 days before the primary or special election 
 42.35  or within 90 days before the general election to which the 
 42.36  complaint relates; or 
 43.1      (2) 90 days after the complaint was filed, if it was filed 
 43.2   at any other time.  
 43.3      For good cause shown, the board may extend either of these 
 43.4   deadlines by 60 days. 
 43.5      Subd. 3.  [HEARING.] The hearing must be conducted in 
 43.6   public.  The respondent may submit a response, including 
 43.7   supporting affidavits and documentation, for consideration by 
 43.8   the board. 
 43.9      Subd. 4.  [DISPOSITION OF COMPLAINT.] At or within 14 days 
 43.10  after the hearing, the board must determine whether the 
 43.11  violation alleged in the complaint occurred and must do one or 
 43.12  more of the following: 
 43.13     (a) The board may dismiss the complaint under section 
 43.14  10A.65, subdivision 2.  
 43.15     (b) The board may determine that the evidence is 
 43.16  insufficient for it to determine whether the violation alleged 
 43.17  in the complaint occurred and request that an investigation be 
 43.18  conducted as provided in subdivision 1. 
 43.19     (c) The board may issue a reprimand.  
 43.20     (d) The board may find that a statement made in a paid 
 43.21  advertisement or campaign material violated section 211B.06. 
 43.22     (e) The board may impose a civil penalty for any violation 
 43.23  of chapter 211A or 211B or sections 383B.041 to 383B.058.  The 
 43.24  amount of the civil penalty imposed by the board may be up to 
 43.25  $3,000. 
 43.26     (f) The board may refer the complaint to the appropriate 
 43.27  county attorney for prosecution. 
 43.28     Subd. 5.  [FILING FEE.] If the board finds under 
 43.29  subdivision 4, paragraph (d), that a statement violated section 
 43.30  211B.06, or if the board imposes a civil penalty under 
 43.31  subdivision 4, paragraph (e), the board must refund the filing 
 43.32  fee to the complainant and assess the amount of the filing fee 
 43.33  against the respondent.  If the complaint was filed by a filing 
 43.34  officer under section 211A.05, subdivision 2, the board must 
 43.35  impose a filing fee on a respondent found in violation of 
 43.36  chapter 211A. 
 44.1      Sec. 11.  [10A.65] [PROCEDURES.] 
 44.2      Subdivision 1.  [WITHDRAWAL OF COMPLAINT.] At any time 
 44.3   before the hearing, a complainant may withdraw a complaint filed 
 44.4   under section 10A.61.  After the hearing begins, a complaint 
 44.5   filed under section 10A.61 may only be withdrawn with the 
 44.6   permission of the board. 
 44.7      Subd. 2.  [DISMISSAL OF COMPLAINT.] The board may at any 
 44.8   time dismiss a complaint filed under section 10A.61 that is 
 44.9   pending before it or before a panel of the board.  If the board 
 44.10  determines that the complaint was frivolous, the board may order 
 44.11  the complainant to pay the respondent's reasonable attorney fees 
 44.12  and to pay the costs of the board as determined by the board. 
 44.13     Subd. 3.  [OPEN MEETINGS.] While a complaint filed under 
 44.14  section 10A.61 is pending before the board or a panel of the 
 44.15  board, the members of the board must not discuss the complaint 
 44.16  with a party to the complaint, an attorney representing a party 
 44.17  to the complaint, or an investigator for the board except at a 
 44.18  meeting of the board subject to the Open Meeting Law, chapter 
 44.19  13D.  The board, but not a panel of the board, may close a 
 44.20  meeting to deliberate on a complaint under section 10A.64, 
 44.21  subdivision 4.  All votes must be made a part of the public 
 44.22  record and all proceedings on the complaint, except as provided 
 44.23  in this subdivision, must be open. 
 44.24     Sec. 12.  Minnesota Statutes 2002, section 201.275, is 
 44.25  amended to read: 
 44.26     201.275 [INVESTIGATIONS; PROSECUTIONS.] 
 44.27     A county attorney who is notified of an alleged violation 
 44.28  of this chapter shall promptly investigate.  If there is 
 44.29  probable cause for instituting a prosecution, the county 
 44.30  attorney shall proceed by complaint or present the charge, with 
 44.31  whatever evidence has been found, to the grand jury.  A county 
 44.32  attorney who refuses or intentionally fails to faithfully 
 44.33  perform this or any other duty imposed by this chapter is guilty 
 44.34  of a misdemeanor and upon conviction shall forfeit office.  The 
 44.35  county attorney, under the penalty of forfeiture of office, 
 44.36  shall prosecute all violations of this chapter except violations 
 45.1   of this section; if, however, a complainant withdraws an 
 45.2   allegation under this chapter, the county attorney is not 
 45.3   required to proceed with the prosecution.  The provisions of 
 45.4   section 201.27, subdivision 3, do not apply to this section. 
 45.5      Sec. 13.  Minnesota Statutes 2003 Supplement, section 
 45.6   204B.11, subdivision 1, is amended to read: 
 45.7      Subdivision 1.  [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 
 45.8   Except as provided by subdivision 2, a filing fee shall be paid 
 45.9   by each candidate who files an affidavit of candidacy.  The fee 
 45.10  shall be paid at the time the affidavit is filed.  The amount of 
 45.11  the filing fee shall vary with the office sought as follows: 
 45.12     (a) (1) for the office of governor, and lieutenant 
 45.13  governor, $300, plus a fair campaign fee of $50; 
 45.14     (2) for the office of attorney general, $300, plus a fair 
 45.15  campaign fee of $50; 
 45.16     (3) for the office of state auditor, or secretary of 
 45.17  state, $300, plus a fair campaign fee of $50; 
 45.18     (4) for the office of representative in Congress, $300, 
 45.19  plus a fair campaign fee of $50; 
 45.20     (5) for the office of judge of the Supreme Court, or judge 
 45.21  of the Court of Appeals, or $300, plus a fair campaign fee of 
 45.22  $50; 
 45.23     (6) for judge of the district court, $300, plus a fair 
 45.24  campaign fee of $50; 
 45.25     (b) (7) for the office of senator in Congress, $400, plus a 
 45.26  fair campaign fee of $50; 
 45.27     (c) (8) for the office of senator or representative in the 
 45.28  legislature, $100, plus a fair campaign fee of $50; 
 45.29     (9) for the office of representative in the legislature, 
 45.30  $100, plus a fair campaign fee of $50; 
 45.31     (d) (10) for a county office, $50, plus a fair campaign fee 
 45.32  of $50; and 
 45.33     (e) (11) for the office of soil and water conservation 
 45.34  district supervisor, $20; 
 45.35     (12) for the office of school board member, a fair campaign 
 45.36  fee of $5; and 
 46.1      (13) for city office, a fair campaign fee of $10. 
 46.2      For the office of presidential elector, and for those 
 46.3   offices for which no compensation is provided, no filing fee is 
 46.4   required. 
 46.5      The filing fees received by the county auditor shall 
 46.6   immediately be paid to the county treasurer.  The filing fees 
 46.7   and fair campaign fees received by the secretary of state, and 
 46.8   any fair campaign fees received by a county auditor or municipal 
 46.9   or school district clerk, shall immediately be paid to the 
 46.10  commissioner of finance. 
 46.11     When an affidavit of candidacy has been filed with the 
 46.12  appropriate filing officer and the requisite filing fee has been 
 46.13  paid, the filing fee shall not be refunded.  If a candidate's 
 46.14  filing fee is paid with a check, draft, or similar negotiable 
 46.15  instrument for which sufficient funds are not available or that 
 46.16  is dishonored, notice to the candidate of the worthless 
 46.17  instrument must be sent by the filing officer via registered 
 46.18  mail no later than immediately upon the closing of the filing 
 46.19  deadline with return receipt requested.  The candidate will have 
 46.20  five days from the time the filing officer receives proof of 
 46.21  receipt to issue a check or other instrument for which 
 46.22  sufficient funds are available.  The candidate issuing the 
 46.23  worthless instrument is liable for a service charge pursuant to 
 46.24  section 604.113.  If adequate payment is not made, the name of 
 46.25  the candidate must not appear on any official ballot and the 
 46.26  candidate is liable for all costs incurred by election officials 
 46.27  in removing the name from the ballot. 
 46.28     Sec. 14.  Minnesota Statutes 2002, section 211A.04, is 
 46.29  amended to read: 
 46.30     211A.04 [SECRETARY OF STATE'S CAMPAIGN FINANCE BOARD 
 46.31  DUTIES.] 
 46.32     Subdivision 1.  [REPORT FORMS.] The secretary of state 
 46.33  Campaign Finance and Public Disclosure Board shall prepare 
 46.34  blanks for reports required by section 211A.02.  Copies must be 
 46.35  furnished through the county auditor or otherwise, as 
 46.36  the secretary of state board finds expedient, to a committee 
 47.1   upon request or to a candidate upon filing for office. 
 47.2      Sec. 15.  Minnesota Statutes 2002, section 211A.05, is 
 47.3   amended to read: 
 47.4      211A.05 [FAILURE TO FILE STATEMENT.] 
 47.5      Subdivision 1.  [PENALTY.] A candidate who intentionally 
 47.6   fails to file a report required by section 211A.02 is guilty of 
 47.7   a misdemeanor.  The treasurer of a committee formed to promote 
 47.8   or defeat a ballot question who intentionally fails to file a 
 47.9   report required by section 211A.02 is guilty of a misdemeanor.  
 47.10  Each candidate or treasurer of a committee formed to promote or 
 47.11  defeat a ballot question shall certify to the filing officer 
 47.12  that all reports required by section 211A.02 have been submitted 
 47.13  to the filing officer or that the candidate or committee has not 
 47.14  received contributions or made disbursements exceeding $750 in 
 47.15  the calendar year.  The certification shall be submitted to the 
 47.16  filing officer no later than seven days after the general or 
 47.17  special election.  The secretary of state Campaign Finance and 
 47.18  Public Disclosure Board shall prepare blanks for this 
 47.19  certification.  An officer who issues a certificate of election 
 47.20  to a candidate who has not certified that all reports required 
 47.21  by section 211A.02 have been filed is guilty of a misdemeanor. 
 47.22     Subd. 2.  [NOTICE OF FAILURE TO FILE.] If a candidate or 
 47.23  committee fails to file a report on the date it is due, the 
 47.24  filing officer shall immediately notify the county attorney of 
 47.25  the county where the candidate resides or where the committee 
 47.26  headquarters is located Campaign Finance and Public Disclosure 
 47.27  Board.  The county attorney board shall then immediately notify 
 47.28  the candidate or committee of the failure to file.  If a report 
 47.29  is not filed within ten days after the notification is mailed, 
 47.30  the county attorney filing officer shall proceed file a 
 47.31  complaint with the board under section 211A.08 10A.61. 
 47.32     Sec. 16.  [211A.085] [COUNTY ATTORNEY AUTHORITY.] 
 47.33     A county attorney may prosecute any violation of this 
 47.34  chapter.  
 47.35     Sec. 17.  Minnesota Statutes 2002, section 211B.14, is 
 47.36  amended to read: 
 48.1      211B.14 [DIGEST OF LAWS.] 
 48.2      The secretary of state Campaign Finance and Public 
 48.3   Disclosure Board, with the approval of the attorney general, 
 48.4   shall prepare and print an easily understandable digest of this 
 48.5   chapter and annotations of it.  The digest may include other 
 48.6   related laws and annotations at the discretion of the secretary 
 48.7   of state board. 
 48.8      The secretary of state board shall distribute the digest to 
 48.9   candidates and committees through the county auditor or 
 48.10  otherwise as the secretary of state board considers expedient.  
 48.11  A copy of the digest and, if appropriate, a financial reporting 
 48.12  form and a certification of filing form must be distributed to 
 48.13  each candidate by the filing officer at the time that the 
 48.14  candidate's affidavit of candidacy is filed. 
 48.15     Sec. 18.  Minnesota Statutes 2002, section 211B.15, 
 48.16  subdivision 12, is amended to read: 
 48.17     Subd. 12.  [REPORTS REQUIRED.] The total amount of an 
 48.18  expenditure or contribution for any one project permitted by 
 48.19  subdivisions 9 and 11 that is more than $200, together with the 
 48.20  date, purpose, and the names and addresses of the persons 
 48.21  receiving the contribution or expenditures, must be reported to 
 48.22  the secretary of state Campaign Finance and Public Disclosure 
 48.23  Board.  The reports must be filed on forms provided by 
 48.24  the secretary of state board on the dates required for 
 48.25  committees under section 211A.02.  Failure to file is a 
 48.26  misdemeanor. 
 48.27     Sec. 19.  [211B.165] [COUNTY ATTORNEY AUTHORITY.] 
 48.28     A county attorney may prosecute any violation of this 
 48.29  chapter. 
 48.30     Sec. 20.  Minnesota Statutes 2002, section 383B.055, 
 48.31  subdivision 2, is amended to read: 
 48.32     Subd. 2.  The county filing officer of Hennepin County 
 48.33  Campaign Finance and Public Disclosure Board shall develop forms 
 48.34  for all statements and reports required to be filed under 
 48.35  sections 383B.041 to 383B.054.  The filing officer board shall 
 48.36  furnish sufficient copies of the forms to all officers with whom 
 49.1   candidates file affidavits or applications of candidacy and 
 49.2   nominating petitions. 
 49.3      Sec. 21.  [APPROPRIATION.] 
 49.4      $82,500 is appropriated from the general fund to the 
 49.5   Campaign Finance and Public Disclosure Board for the purposes of 
 49.6   sections 1 to 24.  This sum is available until June 30, 2005. 
 49.7      Sec. 22.  [REVISOR'S INSTRUCTION.] 
 49.8      The revisor of statutes shall renumber Minnesota Statutes, 
 49.9   section 211B.11, subdivision 1, as section 204C.06, subdivision 
 49.10  8. 
 49.11     Sec. 23.  [REPEALER.] 
 49.12     Minnesota Statutes 2002, sections 211A.08, subdivisions 1 
 49.13  and 2; and 211B.16, subdivisions 1 and 2, are repealed. 
 49.14     Sec. 24.  [EFFECTIVE DATE.] 
 49.15     Sections 2 and 4 are effective January 1, 2006.  Section 6 
 49.16  is effective January 1, 2005.  Sections 3, 5, 12 to 20, 22, and 
 49.17  23 are effective July 1, 2004.  Sections 7 to 11 are effective 
 49.18  July 1, 2004, for complaints regarding candidates for 
 49.19  legislative office and July 1, 2005, for all other matters.  
 49.20  Section 21 is effective the day following final enactment.