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HF 2684

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to state government; appropriating money for 
  1.3             the general legislative and administrative expenses of 
  1.4             state government; modifying provisions related to 
  1.5             state government operations; amending Minnesota 
  1.6             Statutes 2002, sections 10A.31, subdivision 4; 16B.55, 
  1.7             subdivision 3; 193.29, subdivision 3; 193.30; 193.31; 
  1.8             Minnesota Statutes 2003 Supplement, sections 16A.11, 
  1.9             subdivision 3; 192.501, subdivision 2. 
  1.12     The dollar amounts shown in the columns marked 
  1.13  "APPROPRIATIONS" are added to or, if shown in parentheses, are 
  1.14  subtracted from the appropriations in Laws 2003, First Special 
  1.15  Session chapter 1, article 1, and are appropriated from the 
  1.16  general fund, or any other fund named, to the agencies and for 
  1.17  the purposes specified in this article, to be available for the 
  1.18  fiscal year indicated for each purpose.  The figures "2004" and 
  1.19  "2005" used in this article mean that the appropriation or 
  1.20  appropriations listed under them are available for the fiscal 
  1.21  years ending June 30, 2004, and June 30, 2005, respectively. 
  1.22                          SUMMARY BY FUND 
  1.23                            2004          2005           TOTAL
  1.24  General             $  (  456,000) $   3,207,000  $  2,751,000  
  1.25                                             APPROPRIATIONS 
  1.26                                         Available for the Year 
  1.27                                             Ending June 30 
  1.28                                            2004         2005 
  1.29  Sec. 2.  LEGISLATURE                 
  2.1   Subdivision 1.  Total 
  2.2   Appropriation                            -0-          (152,000) 
  2.3   Subd. 2.  Senate
  2.4   $2,000,000 is canceled to the general 
  2.5   fund from amounts previously carried 
  2.6   forward under Minnesota Statutes, 
  2.7   section 16A.281.  
  2.8   Subd. 3.  House of Representatives
  2.9   $2,000,000 is canceled to the general 
  2.10  fund from amounts previously carried 
  2.11  forward under Minnesota Statutes, 
  2.12  section 16A.281. 
  2.13  Subd. 4.  Legislative Coordinating Commission 
  2.14          -0-          (152,000)
  2.15  The reduction in this subdivision takes 
  2.16  effect only if a bill is enacted in 
  2.17  2004 transferring duties related to 
  2.18  actuarial services from the Legislative 
  2.19  Commission on Pensions and Retirement 
  2.20  to public pension funds.  
  2.21  Sec. 3.  GOVERNOR AND 
  2.22  LIEUTENANT GOVERNOR                      -0-           (108,000)
  2.23  Sec. 4.  STATE AUDITOR                   -0-           (249,000)
  2.24  Sec. 5.  ATTORNEY GENERAL                -0-           (677,000)
  2.25  $2,000,000 of the amount carried 
  2.26  forward from fiscal year 2003 to fiscal 
  2.27  year 2004 is canceled to the general 
  2.28  fund. 
  2.29  Sec. 6.  SECRETARY OF STATE              -0-           (181,000)
  2.30  Sec. 7.  ADMINISTRATION                  -0-           (432,000)
  2.31  Sec. 8.  FINANCE                        (456,000)      (456,000)
  2.32  The commissioner of finance may use 
  2.33  $40,000 of the general fund 
  2.34  appropriation in Laws 2003, First 
  2.35  Special Session chapter 1, article 1, 
  2.36  section 28, to pay unemployment 
  2.37  insurance and other shutdown costs 
  2.38  related to the elimination of the 
  2.39  Office of Ombudsman for Corrections.  
  2.40  The funds remain available until June 
  2.41  30, 2005. 
  2.42  Sec. 9.  EMPLOYEE RELATIONS              -0-           (186,000)
  2.43  Sec. 10.  REVENUE                        -0-         (1,402,000)
  2.44  Sec. 11.  MILITARY AFFAIRS 
  2.45  Subdivision 1.  Total 
  2.46  Appropriation                            -0-          4,428,000 
  2.47  Subd. 2.  Appropriation Reduction
  2.48          -0-          (222,000)
  2.49  Subd. 3.  Reenlistment Bonus Program
  3.1           -0-         1,500,000 
  3.2   The appropriation in this subdivision 
  3.3   is for a reenlistment bonus program as 
  3.4   authorized by Minnesota Statutes, 
  3.5   section 192.501, subdivision 1b.  The 
  3.6   appropriation for the reenlistment 
  3.7   bonus program is available until 
  3.8   expended. 
  3.9   Subd. 4.  National Guard Youth Camp
  3.10          -0-            50,000
  3.11  The appropriation in this subdivision 
  3.12  is to assist in the operation of the 
  3.13  Minnesota National Guard Youth Camp at 
  3.14  Camp Ripley.  This appropriation is 
  3.15  contingent on a dollar-for-dollar match 
  3.16  from nonstate sources.  This is a 
  3.17  onetime appropriation. 
  3.18  Subd. 5.  Tuition and Textbook Reimbursement
  3.19  Grant Program
  3.20          -0-        3,100,000
  3.21  The appropriation in this subdivision 
  3.22  is in addition to funding provided by 
  3.23  Laws 2003, First Special Session 
  3.24  chapter 1, article 1, section 16, 
  3.25  subdivision 4.  This appropriation is 
  3.26  available until expended. 
  3.27  Sec. 12.  VETERANS AFFAIRS                 -0-          (78,000)
  3.28  Sec. 13.  LOTTERY 
  3.29  Operating budget limits established in 
  3.30  Minnesota Statutes, section 349A.10, 
  3.31  Laws 2003, First Special Session 
  3.32  chapter 1, article 1, section 23, or 
  3.33  any amendment to Laws 2003, First 
  3.34  Special Session chapter 1, article 1, 
  3.35  section 23, adopted by the 2004 
  3.36  legislature, do not apply to new duties 
  3.37  relating to lease of gaming machines 
  3.38  assigned to the lottery by proposed 
  3.39  Minnesota Statutes, section 349A.17 or 
  3.40  349A.20, or by other laws enacted in 
  3.41  2004.  
  3.42  Sec. 14.  ADMINISTRATION; MOVING COSTS     -0-        2,500,000
  3.43  This appropriation is for relocation of 
  3.44  state agencies as determined by the 
  3.45  commissioner of administration. 
  3.46     Sec. 15.  Minnesota Statutes 2002, section 10A.31, 
  3.47  subdivision 4, is amended to read: 
  3.48     Subd. 4.  [APPROPRIATION.] (a) The amounts designated by 
  3.49  individuals for the state elections campaign fund, less three 
  3.50  percent, are appropriated from the general fund, must be 
  3.51  transferred and credited to the appropriate account in the state 
  3.52  elections campaign fund, and are annually appropriated for 
  4.1   distribution as set forth in subdivisions 5, 5a, 6, and 7.  The 
  4.2   remaining three percent must be kept in the general fund for 
  4.3   administrative costs.  
  4.4      (b) In addition to the amounts in paragraph (a), $1,500,000 
  4.5   for each general election is appropriated from the general fund 
  4.6   for transfer to the general account of the state elections 
  4.7   campaign fund. 
  4.8      Sec. 16.  Minnesota Statutes 2003 Supplement, section 
  4.9   16A.11, subdivision 3, is amended to read: 
  4.10     Subd. 3.  [PART TWO:  DETAILED BUDGET.] (a) Part two of the 
  4.11  budget, the detailed budget estimates both of expenditures and 
  4.12  revenues, must contain any statements on the financial plan 
  4.13  which the governor believes desirable or which may be required 
  4.14  by the legislature.  The detailed estimates shall include the 
  4.15  governor's budget arranged in tabular form. 
  4.16     (b) Tables listing expenditures for the next biennium must 
  4.17  show the appropriation base for each year as well as the 
  4.18  governor's total recommendation for that year for each 
  4.19  expenditure line.  The appropriation base is the amount 
  4.20  appropriated for the second year of the current biennium, 
  4.21  adjusted in accordance with any provisions of law that specify 
  4.22  changes to the base.  For a statutory appropriation not 
  4.23  specifying a dollar amount or for an appropriation for a 
  4.24  forecasted program, the appropriation base is the amount 
  4.25  estimated to fulfill the appropriation according to the most 
  4.26  recent forecast prepared by the commissioner of finance pursuant 
  4.27  to section 16A.103. 
  4.28     (c) The detailed estimates must include a separate line 
  4.29  listing the total cost of professional and technical service 
  4.30  contracts for the prior biennium and the projected costs of 
  4.31  those contracts for the current and upcoming biennium.  They 
  4.32  must also include a summary of the personnel employed by the 
  4.33  agency, reflected as full-time equivalent positions. 
  4.34     (d) The detailed estimates for internal service funds must 
  4.35  include the number of full-time equivalents by program; detail 
  4.36  on any loans from the general fund, including dollar amounts by 
  5.1   program; proposed investments in technology or equipment of 
  5.2   $100,000 or more; an explanation of any operating losses or 
  5.3   increases in retained earnings; and a history of the rates that 
  5.4   have been charged, with an explanation of any rate changes and 
  5.5   the impact of the rate changes on affected agencies. 
  5.6      Sec. 17.  Minnesota Statutes 2002, section 16B.55, 
  5.7   subdivision 3, is amended to read: 
  5.8      Subd. 3.  [PERMITTED USES.] A state vehicle may be used by 
  5.9   a state employee to travel to or from the employee's residence:  
  5.10     (1) on a day on which it may be necessary for the employee 
  5.11  to respond to a work-related emergency during hours when the 
  5.12  employee is not normally working; 
  5.13     (2) if the employee has been assigned the use of a state 
  5.14  vehicle for authorized state business on an extended basis, and 
  5.15  the employee's primary place of work is not the state work 
  5.16  station to which the employee is permanently assigned; 
  5.17     (3) if the employee has been assigned the use of a state 
  5.18  vehicle for authorized state business away from the work station 
  5.19  to which the employee is permanently assigned, and the number of 
  5.20  miles traveled, or the time needed to conduct the business, will 
  5.21  be minimized if the employee uses a state vehicle to travel to 
  5.22  the employee's residence before or after traveling to the place 
  5.23  of state business; or 
  5.24     (4) if the employee is authorized to participate in a 
  5.25  ridesharing program established by the commissioner pursuant to 
  5.26  section 174.257.  
  5.27     Use of a state vehicle under this subdivision requires the 
  5.28  prior approval of the agency head or the designee of the agency 
  5.29  head.  A state employee must reimburse the employer for the use 
  5.30  of a state vehicle to the extent the use would be considered a 
  5.31  taxable fringe benefit for the employee under the Internal 
  5.32  Revenue Code and regulations implementing the code, but for the 
  5.33  employee reimbursing the employer.  The reimbursement must be at 
  5.34  the same rate per mile as the standard mileage rate for business 
  5.35  use of an automobile permitted under the Internal Revenue Code 
  5.36  and regulations in effect when the employee uses the state 
  6.1   vehicle.  A state employee must report use of a state vehicle 
  6.2   under this subdivision to the employer within 15 days of use of 
  6.3   the vehicle.  Notwithstanding any law to the contrary, the 
  6.4   employer must deduct from the employee's pay the amount due to 
  6.5   the employer under this subdivision. 
  6.6      Sec. 18.  Minnesota Statutes 2003 Supplement, section 
  6.7   192.501, subdivision 2, is amended to read: 
  6.9   PROGRAM.] (a) The adjutant general shall establish a program to 
  6.10  provide tuition and textbook reimbursement grants to eligible 
  6.11  members of the Minnesota National Guard within the limitations 
  6.12  of this subdivision. 
  6.13     (b) Eligibility is limited to a member of the National 
  6.14  Guard who: 
  6.15     (1) is serving satisfactorily as defined by the adjutant 
  6.16  general; 
  6.17     (2) is attending a postsecondary educational institution, 
  6.18  as defined by section 136A.15, subdivision 6, including a 
  6.19  vocational or technical school operated or regulated by this 
  6.20  state or another state or province; and 
  6.21     (3) provides proof of satisfactory completion of 
  6.22  coursework, as defined by the adjutant general. 
  6.23     In addition, if a member of the Minnesota National Guard is 
  6.24  killed in the line of state active service or federally funded 
  6.25  state active service, as defined in section 190.05, subdivisions 
  6.26  5a and 5b, the member's surviving spouse, and any surviving 
  6.27  dependent who has not yet reached 24 years of age, is eligible 
  6.28  for a tuition and textbook reimbursement grant. 
  6.29     The adjutant general may, within the limitations of this 
  6.30  paragraph and other applicable laws, determine additional 
  6.31  eligibility criteria for the grant, and must specify the 
  6.32  criteria in department regulations and publish changes as 
  6.33  necessary. 
  6.34     (c) The amount of a tuition and textbook reimbursement 
  6.35  grant must be specified on a schedule as determined and 
  6.36  published in department regulations by the adjutant general, but 
  7.1   is limited to a maximum of an amount equal to the greater of: 
  7.2      (1) 75 percent of the cost of tuition for lower division 
  7.3   programs in the College of Liberal Arts at the Twin Cities 
  7.4   campus of the University of Minnesota in the most recent 
  7.5   academic year; or 
  7.6      (2) 50 percent of the cost of tuition for the program in 
  7.7   which the person is enrolled at that Minnesota public 
  7.8   institution, or if that public institution is outside the state 
  7.9   of Minnesota, for the cost of a comparable program at the 
  7.10  University of Minnesota, except that in the case of a survivor 
  7.11  as defined in paragraph (b), the amount of the tuition and 
  7.12  textbook reimbursement grant for coursework satisfactorily 
  7.13  completed by the person is limited to 100 percent of the cost of 
  7.14  tuition for postsecondary courses at a Minnesota public 
  7.15  educational institution. 
  7.16     Paragraph (b) notwithstanding, a person is no longer 
  7.17  eligible for a grant under this subdivision once the person has 
  7.18  received grants under this subdivision for the equivalent of 208 
  7.19  quarter credits or 144 semester credits of coursework. 
  7.20     (d) Tuition and textbook reimbursement grants received 
  7.21  under this subdivision may not be considered by the Minnesota 
  7.22  Higher Education Services Office or by any other state board, 
  7.23  commission, or entity in determining a person's eligibility for 
  7.24  a scholarship or grant-in-aid under sections 136A.095 to 
  7.25  136A.1311. 
  7.26     (e) If a member fails to complete a term of enlistment 
  7.27  during which a tuition and textbook reimbursement grant was 
  7.28  paid, the adjutant general may seek to recoup a prorated amount 
  7.29  as determined by the adjutant general. 
  7.30     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
  7.31     Sec. 19.  Minnesota Statutes 2002, section 193.29, 
  7.32  subdivision 3, is amended to read: 
  7.33     Subd. 3.  [JOINT BOARDS.] In all cases in which If more 
  7.34  than one company or other unit of the military forces shall 
  7.35  occupy occupies the same armory, the armory board shall consist 
  7.36  of officers military personnel assigned to the units or 
  8.1   organizations quartered therein.  The adjutant general shall 
  8.2   designate by order from time to time the representatives of each 
  8.3   unit quartered therein to comprise the armory board for each 
  8.4   armory.  In the discretion of the adjutant general, the 
  8.5   membership of the board may be comprised of officers, warrant 
  8.6   officers, and enlisted personnel and may be changed from time to 
  8.7   time so as to give the several organizations quartered therein 
  8.8   proper representation on the board. 
  8.9      Sec. 20.  Minnesota Statutes 2002, section 193.30, is 
  8.10  amended to read: 
  8.12     The senior officer ranking member on each armory board 
  8.13  shall be the chair, and the junior officer ranking member 
  8.14  thereof shall be the recorder.  A record of the proceedings of 
  8.15  the board shall be kept, and all motions offered, whether 
  8.16  seconded or not, shall be put to a vote and the result 
  8.17  recorded.  In the case of a tie vote the adjutant general, upon 
  8.18  the request of any member, shall decide.  The governor may make 
  8.19  and alter rules for the government of armory boards, officers, 
  8.20  and other persons having charge of armories, arsenals, or other 
  8.21  military property of the state.  
  8.22     Sec. 21.  Minnesota Statutes 2002, section 193.31, is 
  8.23  amended to read: 
  8.25  HALL.] 
  8.26     The senior officer ranking member of any company or other 
  8.27  organization assembling at an armory for drill or instruction 
  8.28  shall have control of the drill hall or other portion of the 
  8.29  premises used therefor during such occupancy, subject to the 
  8.30  rules prescribed for its use and the orders of that officer's 
  8.31  ranking member's superior.  Any person who intrudes contrary to 
  8.32  orders, or who interrupts, molests, or insults any troops so 
  8.33  assembled, or who refuses to leave the premises when properly 
  8.34  requested so to do, shall be guilty of a misdemeanor.  Nothing 
  8.35  in this section shall prevent reasonable inspection of the 
  8.36  premises by the proper municipal officer, or by the lessor 
  9.1   thereof in accordance with the terms of the lease. 
  9.3      The director of the state lottery, in consultation with the 
  9.4   commissioner of finance, shall determine how much money is still 
  9.5   available of the prize money that was considered unclaimed under 
  9.6   Minnesota Statutes, section 349A.08, subdivision 5, and that was 
  9.7   not committed to the prize of a lottery game under that section 
  9.8   before the 2004 fiscal year.  The director of the state lottery 
  9.9   shall transfer all available prize money to the general fund.  
  9.10     Sec. 23.  [SALE OF STATE LAND.] 
  9.11     Subdivision 1.  [STATE LAND SALES.] The commissioner of 
  9.12  administration shall coordinate with the head of each department 
  9.13  or agency having control of state-owned land to identify and 
  9.14  sell at least $6,075,000 of state-owned land before June 30, 
  9.15  2005, and an additional $6,000,000 by June 30, 2007.  Sales 
  9.16  should be completed according to law and as provided in this 
  9.17  section.  Sales required by this section are in addition to 
  9.18  sales required by laws enacted in 2003.  Notwithstanding 
  9.19  Minnesota Statutes, sections 94.09 and 94.10, or any other law 
  9.20  to the contrary, the commissioner may offer land for public sale 
  9.21  by only providing notice of lands or an offer of sale of lands 
  9.22  to state departments or agencies, the University of Minnesota, 
  9.23  cities, counties, towns, school districts, or other public 
  9.24  entities. 
  9.25     Subd. 2.  [ANTICIPATED SAVINGS.] Notwithstanding Minnesota 
  9.26  Statutes, section 94.16, subdivision 3, or other law to the 
  9.27  contrary, the amount of the proceeds from the sale of land under 
  9.28  this section that exceeds the actual expenses of selling the 
  9.29  land must be deposited in the general fund, except as otherwise 
  9.30  provided by the commissioner of finance.  Notwithstanding 
  9.31  Minnesota Statutes, section 94.11, the commissioner of finance 
  9.32  may establish the timing of payments for land purchased under 
  9.33  this section.  If the total of all money deposited into the 
  9.34  general fund from the proceeds of the sale of land under this 
  9.35  section is anticipated to be less than $6,075,000 in fiscal year 
  9.36  2005 and $6,000,000 in fiscal years 2006 and 2007, the governor 
 10.1   must allocate the amount of the difference as reductions to 
 10.2   general fund operating expenditures for other executive agencies.
 10.3      Subd. 3.  [REVOLVING LOAN FUND.] $192,200 is appropriated 
 10.4   from the general fund in fiscal year 2005 and an additional 
 10.5   $200,000 for the period ending June 30, 2007, to the 
 10.6   commissioner of administration for purposes of paying the actual 
 10.7   expenses of selling state-owned lands to achieve the anticipated 
 10.8   savings required in this section.  From the gross proceeds of 
 10.9   land sales under this section, the commissioner of 
 10.10  administration must cancel the amount of the appropriation in 
 10.11  this subdivision to the general fund by June 30, 2005.  
 10.12     Sec. 24.  [BUILDING RENTAL.] 
 10.13     (a) By July 1, 2004, the commissioner of administration 
 10.14  must issue a request for proposal seeking a person or entity to 
 10.15  lease the state-owned building at 168 Aurora Avenue in the city 
 10.16  of St. Paul.  The request for proposal and the resulting lease 
 10.17  must specify that: 
 10.18     (1) the tenant will use the building to operate a day care 
 10.19  and after-school activity center; 
 10.20     (2) the tenant will make and pay for any improvements 
 10.21  needed to allow the building to be used as a day care and 
 10.22  after-school activity center; and 
 10.23     (3) the state may terminate the lease as required by law, 
 10.24  or within 60 days after passage of a new law requiring the state 
 10.25  to terminate the lease. 
 10.26     (b) The commissioner of administration must enter into a 
 10.27  lease with a person or entity responding to the request for 
 10.28  proposal who demonstrates willingness and ability to meet the 
 10.29  conditions in paragraph (a), clauses (1) to (3).  The lease may 
 10.30  specify terms under which the state will reimburse the tenant 
 10.31  for a portion of the improvements the tenant makes to the 
 10.32  property at the conclusion of the lease. 
 10.33     Sec. 25.  [REPAYMENT.] 
 10.34     If the commissioner of administration is required to repay 
 10.35  the energy assessment account in the special revenue fund 
 10.36  because certain expenditures from the account did not comply 
 11.1   with law, the commissioner must make the repayment from previous 
 11.2   general fund appropriations to the Department of 
 11.3   Administration.  Any reductions in complement resulting from 
 11.4   this repayment must come from unclassified management positions. 
 11.5      Sec. 26.  [RESTRICTIONS ON DEMOLITION.] 
 11.6      No state money may be used for demolition of the Ford 
 11.7   Building at 117 University Avenue, Saint Paul, unless: 
 11.8      (1) the commissioner of administration makes reasonable 
 11.9   efforts to attempt to lease or transfer ownership of the 
 11.10  building to a person or entity that will preserve the historic 
 11.11  features of the building at no cost to the state; and 
 11.12     (2) the commissioner reports to the chairs of the senate 
 11.13  Finance Committee and the house Capital Investment Committee on 
 11.14  what efforts were made to lease or transfer ownership and why 
 11.15  these efforts were not successful. 
 11.17     $200,000 is appropriated from the general fund to the 
 11.18  commissioner of administration for a grant to Assistive 
 11.19  Technology of Minnesota as follows: 
 11.20     (1) $150,000 to administer a microloan program to support 
 11.21  the purchase of equipment and devices for people with 
 11.22  disabilities and their families and employers; and 
 11.23     (2) $50,000 to develop the access to telework program.  
 11.24  The appropriation is available until July 1, 2005. 
 11.25     Sec. 28.  [EFFECTIVE DATE.] 
 11.26     Unless otherwise specified, sections 1 to 27 are effective 
 11.27  the day following final enactment.