1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
Engrossments | ||
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1st Engrossment | Posted on 08/14/1998 |
1.1 A bill for an act 1.2 relating to the organization and operation of state 1.3 government; appropriating money for the general 1.4 administration expenses of state government; imposing 1.5 certain duties, authority, and limitations on 1.6 agencies; making fund transfers; amending Minnesota 1.7 Statutes 1994, sections 8.15, by adding a subdivision; 1.8 16A.11, subdivision 1, and by adding a subdivision; 1.9 16D.03, subdivision 2; 16D.04, as amended; 16D.05; 1.10 16D.07; 16D.08, as amended; 16D.10; 69.021, 1.11 subdivision 4, and by adding subdivisions; 69.031, 1.12 subdivisions 1 and 5; 116G.151; 144C.03, subdivision 1.13 2; 192.501, as amended; 363.071, subdivision 7; and 1.14 423A.02, by adding a subdivision; Minnesota Statutes 1.15 1995 Supplement, sections 16D.02, subdivision 8; 1.16 16D.06; 16D.11, subdivisions 1, 2, 4, 5, and 6; 1.17 16D.12; 16D.14; 16D.16; and 240A.08; Laws 1995, 1.18 chapter 254, article 1, section 11, subdivision 8; 1.19 proposing coding for new law in Minnesota Statutes, 1.20 chapters 3; 10; 14; 16B; 116G; and 363; repealing 1.21 Minnesota Statutes 1995 Supplement, section 353.65, 1.22 subdivision 7. 1.23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.24 Section 1. [STATE GOVERNMENT APPROPRIATIONS.] 1.25 The sums shown in the columns marked "APPROPRIATIONS" are 1.26 appropriated from the general fund, or another named fund, to 1.27 the agencies and for the purposes specified in this act, to be 1.28 available for the fiscal years indicated for each purpose. 1.29 SUMMARY BY FUND 1.30 1996 1997 TOTAL 1.31 General Fund $ 4,407,000 $ 3,431,000 $ 7,838,000 1.33 APPROPRIATIONS 1.34 Available for the Year 1.35 Ending June 30 2.1 1996 1997 2.2 Sec. 2. OFFICE OF STRATEGIC 2.3 AND LONG-RANGE PLANNING -0- 500,000 2.4 This appropriation is for planning and 2.5 construction of a worker retraining 2.6 center located at the St. Paul Ford 2.7 plant. This appropriation requires 2.8 that the project be coordinated with 2.9 MNSCU higher education institutions and 2.10 that the Ford company and the United 2.11 Auto Workers union provide furnishings, 2.12 robotics equipment, and an operating 2.13 budget. This appropriation is from 2.14 money available in the general fund as 2.15 a result of the Ramsey county district 2.16 court decision invalidating an 2.17 attempted line-item veto by the 2.18 governor. 2.19 Sec. 3. ADMINISTRATION -0- 1,350,000 2.20 $1,000,000 is for impact analysis and 2.21 staff for state information system 2.22 modifications relating to year 2000 2.23 date change requirements. 2.24 $134,000 of contributed capital is 2.25 transferred from the electronic 2.26 equipment rental fund to the 2.27 micrographics/records center fund in 2.28 fiscal year 1996. 2.29 $100,000 is for the Government 2.30 Information Access Council. This 2.31 appropriation is from money available 2.32 in the general fund as a result of the 2.33 Ramsey county district court decision 2.34 invalidating an attempted line-item 2.35 veto by the governor. 2.36 $250,000 is appropriated to the 2.37 commissioner of administration for 2.38 purposes of administering a 2.39 prescription drug contract program. 2.40 This appropriation is from money 2.41 available in the general fund as a 2.42 result of the Ramsey county district 2.43 court decision invalidating an 2.44 attempted line-item veto by the 2.45 governor. 2.46 Sec. 4. CAPITOL AREA 2.47 ARCHITECTURAL AND PLANNING BOARD 10,000 430,000 2.48 $250,000 is for design and construction 2.49 of the Minnesota Women's Suffrage 2.50 Memorial Garden on the capitol 2.51 grounds. The last $50,000 of this 2.52 appropriation is available only upon 2.53 demonstration of a $50,000 match in 2.54 nonstate funds. 2.55 $10,000 in fiscal year 1996 is for 2.56 treatment of the surface of the Roy 2.57 Wilkins memorial that must be performed 2.58 immediately to prevent deterioration of 2.59 the surface. Any amount of this 2.60 appropriation not spent in fiscal year 2.61 1996 may be carried forward and spent 3.1 in fiscal year 1997. 3.2 $180,000 in fiscal year 1997 is for 3.3 revision of the board's comprehensive 3.4 plan and zoning ordinance. 3.5 Sec. 5. FINANCE 4,397,000 -0- 3.6 $4,397,000 is for statewide operating 3.7 systems. This appropriation is 3.8 available until June 30, 1997. 3.9 By January 15, 1997, the sponsoring 3.10 agencies of the statewide systems 3.11 project shall report to the 3.12 legislature. The report must include 3.13 an accounting of money spent for 3.14 statewide operating systems, and 3.15 projections for future spending. The 3.16 report also must include strategies for 3.17 potential savings opportunities in 3.18 operation of the statewide systems. 3.19 The agencies must consider alternatives 3.20 to mainframe operations. The report 3.21 must describe efforts to: improve 3.22 operator proficiency, modify software 3.23 to achieve efficiencies, and educate 3.24 users concerning efficient use of the 3.25 systems. 3.26 The report must also include 3.27 recommendations for management of user 3.28 consumption of Intertech resources for 3.29 the statewide systems, including the 3.30 desirability of charge backs and fees 3.31 for services. 3.32 Sec. 6. REVENUE -0- 976,000 3.33 This appropriation is to increase the 3.34 department's audit presence in greater 3.35 Minnesota and to make changes to the 3.36 withholding system. 3.37 It is anticipated that these changes 3.38 will result in additional general fund 3.39 revenues of $1,950,000 in fiscal year 3.40 1997. 3.41 The commissioner of finance shall 3.42 certify the amount of additional 3.43 general fund revenue generated as a 3.44 result of this increased activity. The 3.45 amount certified in excess of $976,000 3.46 is appropriated to the commissioner of 3.47 finance in fiscal year 1997 for 3.48 purposes of operation of the statewide 3.49 systems. This appropriation is 3.50 available until expended. 3.51 Sec. 7. HUMAN RIGHTS -0- 175,000 3.52 $100,000 is for additional enforcement 3.53 and case processing staff. 3.54 The commissioner of human rights shall 3.55 report to the legislature by January 3.56 15, 1997. The report must contain a 3.57 plan for making probable cause 3.58 determinations as expeditiously as 3.59 possible, and for using the minimum 4.1 possible amount of department resources 4.2 on those cases in which no probable 4.3 cause is found. The report also must 4.4 contain a plan to eliminate the case 4.5 backlog in the department, and a plan 4.6 to process future cases in a manner 4.7 that complies with statutory time 4.8 deadlines. 4.9 $75,000 is for an alternative dispute 4.10 resolution program. 4.11 Sec. 8. [3.154] [FAILURE TO CARRY OUT LAW.] 4.12 (a) A standing committee of the house of representatives or 4.13 the senate or a finance division of a standing committee may, by 4.14 a majority vote of all of its members, determine that an 4.15 executive branch agency intentionally has failed to implement a 4.16 law in the manner required by the legislature. Before making 4.17 such a determination, the committee or division must notify the 4.18 agency of the law that is the subject of the alleged violation 4.19 and must allow agency representatives to testify before the 4.20 committee. 4.21 (b) Upon a determination of intentional failure to 4.22 implement a law under paragraph (a), the commissioner of finance 4.23 must reduce the direct appropriated operating budget of the 4.24 agency, or the division of the agency responsible for the 4.25 failure to implement the law, by ten percent for the fiscal year 4.26 in which the determination under paragraph (a) occurred. 4.27 However, the appropriation reduction required by this paragraph 4.28 need not take place if the governor issues an executive order 4.29 citing the law in issue and explaining why the governor believes 4.30 the agency has not intentionally failed to implement the law. 4.31 Sec. 9. [3.3055] [INFORMATION SYSTEM REVIEW.] 4.32 The legislature shall establish an ongoing structure and 4.33 process for legislative review of state agency development and 4.34 acquisition of information systems, including: 4.35 (1) evaluation of plans for state agency information 4.36 systems projects before the projects become formal budget 4.37 recommendations; 4.38 (2) evaluation of state agency information systems projects 4.39 that are included in the governor's budget recommendations; and 4.40 (3) oversight of the executive branch's implementation of 5.1 state agency information systems projects that the legislature 5.2 funds. 5.3 State agencies must submit information concerning these 5.4 systems to the legislature at the time and in the manner 5.5 requested by legislative committees or commissions. 5.6 Sec. 10. Minnesota Statutes 1994, section 8.15, is amended 5.7 by adding a subdivision to read: 5.8 Subd. 5. [REIMBURSEMENTS.] State agencies receiving legal 5.9 services from the attorney general for nongeneral funded 5.10 activities shall reimburse the full cost of those services to 5.11 the general fund based on periodic billings prepared by the 5.12 attorney general. Payment must be made to the attorney general 5.13 for deposit to the general fund as a nondedicated receipt. The 5.14 attorney general, in consultation with the commissioner of 5.15 finance, shall develop reimbursement policies and procedures 5.16 related to legal services. 5.17 Sec. 11. [10.55] [JUNETEENTH.] 5.18 June 19 is designated Juneteenth in recognition of the 5.19 historical pronouncement of the abolition of slavery on June 19, 5.20 1865, when the Emancipation Proclamation was said to have been 5.21 first publicly read in Texas. The governor may take any action 5.22 necessary to promote and encourage the observance of Juneteenth 5.23 and public schools may offer instruction and programs on the 5.24 occasion. 5.25 Sec. 12. [14.045] [AGENCIES; LIMITS ON PENALTIES.] 5.26 Subdivision 1. [LIMIT ON PENALTIES.] An agency may not, 5.27 under authority of rule, levy a total fine or penalty of more 5.28 than $700 for a single violation unless the agency has specific 5.29 statutory authority to levy a fine in excess of that amount. 5.30 Subd. 2. [CRIMINAL PENALTY.] An agency may not, by rule, 5.31 establish a criminal penalty unless the agency has specific 5.32 statutory authority to do so. 5.33 Subd. 3. [FACTORS.] (a) If a statute or rule gives an 5.34 agency discretion over the amount of a fine, the agency must 5.35 take the following factors into account in determining the 5.36 amount of the fine: 6.1 (1) the willfulness of the violation; 6.2 (2) the gravity of the violation, including damage to 6.3 humans, animals, and the natural resources of the state; 6.4 (3) the history of past violations; 6.5 (4) the number of violations; 6.6 (5) the economic benefit gained by the person by allowing 6.7 or committing the violation; and 6.8 (6) other factors that justice may require. 6.9 (b) For a violation after an initial violation, the 6.10 following factors must be considered in addition to the factors 6.11 in paragraph (a): 6.12 (1) similarity of previous violations to the current 6.13 violation to be penalized; 6.14 (2) time elapsed since the last violation; 6.15 (3) number of previous violations; and 6.16 (4) response of the person to the most recent previous 6.17 violation identified. 6.18 Subd. 4. [EFFECT ON OTHER LAW.] This section does not 6.19 affect the right of an agency to deny a permit, revoke a 6.20 license, or take similar action, other than the imposition of a 6.21 fine, even if the cost of the denial, revocation, or other 6.22 action to the affected party exceeds $700. 6.23 Subd. 5. [EFFECTIVE DATE.] This section applies only to 6.24 fines and penalties imposed under rules for which notice of 6.25 intent to adopt rules is published after the effective date of 6.26 this section. 6.27 Sec. 13. Minnesota Statutes 1994, section 16A.11, 6.28 subdivision 1, is amended to read: 6.29 Subdivision 1. [WHEN.] The governor shall submit a 6.30three-partfour-part budget to the legislature. Parts one and 6.31 two, the budget message and detailed operating budget, must be 6.32 submitted by the fourth Tuesday in January in each odd-numbered 6.33 year. Part three, the detailed recommendations as to capital 6.34 expenditure, must be submitted as follows: agency capital 6.35 budget requests by June 15 of each odd-numbered year; 6.36 preliminary governor's recommendations by September 1 of each 7.1 odd-numbered year; and final recommendations by February 1 of 7.2 each even-numbered year. Part four, the detailed 7.3 recommendations as to information technology expenditure, must 7.4 be submitted at the same time the governor submits the budget 7.5 message to the legislature. 7.6 Sec. 14. Minnesota Statutes 1994, section 16A.11, is 7.7 amended by adding a subdivision to read: 7.8 Subd. 3b. [PART FOUR; DETAILED INFORMATION TECHNOLOGY 7.9 BUDGET.] The detailed information technology budget must include 7.10 recommendations for information technology projects to be funded 7.11 during the next biennium and planning estimates for an 7.12 additional two biennia. It must be submitted with projects 7.13 ranked in order of importance among all projects as determined 7.14 by the governor. 7.15 Sec. 15. [16B.94] [PRICE CONTRACT FOR PRESCRIPTION DRUGS.] 7.16 The commissioner shall negotiate prescription drug price 7.17 contracts for individuals who do not have any third party pay 7.18 plans for prescription drugs. The commissioner shall develop 7.19 and implement a program to pass these discount drug prices on to 7.20 the individuals. Participation by individuals and pharmacies is 7.21 voluntary. For purposes of this section, "prescription drug" 7.22 means a drug as defined in Minnesota Statutes, section 151.44, 7.23 paragraph (d). The commissioner may charge administrative fees 7.24 to program participants. Fee revenues are appropriated to the 7.25 commissioner for purposes of administering the program. 7.26 Sec. 16. Minnesota Statutes 1995 Supplement, section 7.27 16D.02, subdivision 8, is amended to read: 7.28 Subd. 8. [ENTERPRISE.] "Enterprise" means the Minnesota 7.29 collection enterprise, aseparateunit of government established 7.30 to carry out the provisions of this chapter,pursuant tounder 7.31 thecommissioner'sauthorityto contract withof the 7.32 commissioner of revenuefor collection services under section7.3316D.04, subdivision 1. 7.34 Sec. 17. Minnesota Statutes 1994, section 16D.03, 7.35 subdivision 2, is amended to read: 7.36 Subd. 2. [STATE AGENCY REPORTS.] State agencies shall 8.1 report quarterly to the commissioner the debts owed to them. 8.2 The commissioner, in consultation with the commissioners of 8.3 revenue and human services, and the attorney general, shall 8.4 establish internal guidelines for the recognition, tracking, 8.5 reporting, and collection of debts owed the state. The internal 8.6 guidelines must include accounting standards, performance 8.7 measurements, and uniform reporting requirements applicable to 8.8 all state agencies. The commissioner shall require a state 8.9 agency to recognize, track, report, and attempt to collect debts 8.10 according to the internal guidelines. 8.11 Sec. 18. Minnesota Statutes 1994, section 16D.04, as 8.12 amended by Laws 1995, chapter 254, article 5, sections 5 and 6, 8.13 is amended to read: 8.14 16D.04 [COLLECTION ACTIVITIES.] 8.15 Subdivision 1. [RESPONSIBILITY.] The commissioner of 8.16 revenue shall supervise and operate the enterprise in all debt 8.17 collection activity. 8.18 Subd. 1a. [DUTIES.] Thecommissionerenterprise shall 8.19 provide services to the state and its agencies to collect debts 8.20 owed the state. Thecommissionerenterprise is not a collection 8.21 agency as defined by section 332.31, subdivision 3, and is not 8.22 licensed, bonded, or regulated by the commissioner of commerce 8.23 under sections 332.31 to 332.35 or 332.38 to 332.45. 8.24 Thecommissionerenterprise is subject to section 332.37, except 8.25 clause (9) or (10).The commissioner may contract with the8.26commissioner of revenue for collection services, and may8.27delegate to the commissioner of revenue any of the8.28commissioner's duties and powers under this chapter.Debts 8.29 referred to the commissioner of revenue for collection 8.30 underthis section orsection 256.9792 may in turn be referred 8.31 by the commissioner of revenue to the enterprise. An audited 8.32 financial statement may not be required as a condition of debt 8.33 placement with a private agency if the private agency: (1) has 8.34 errors and omissions coverage under a professional liability 8.35 policy in an amount of at least $1,000,000; or (2) has a 8.36 fidelity bond to cover actions of its employees, in an amount of 9.1 at least $100,000. In cases of debts referred under section 9.2 256.9792, the provisions of this chapter and section 256.9792 9.3 apply to the extent they are not in conflict. If they are in 9.4 conflict, the provisions of section 256.9792 control. For 9.5 purposes of this chapter, the referring agency for such debts 9.6 remains the department of human services. 9.7 Subd. 2. [AGENCY PARTICIPATION.] A state agency may, at 9.8 its option, refer debts to thecommissionerenterprise for 9.9 collection. The ultimate responsibility for the debt, including 9.10 the reporting of the debt to the commissioner and the decision 9.11 with regard to the continuing collection and uncollectibility of 9.12 the debt, remains with the referring state agency. 9.13 Subd. 3. [SERVICES.] Thecommissionerenterprise shall 9.14 provide collection services for a state agency, and may provide 9.15 for collection services for a court, in accordance with the 9.16 terms and conditions of a signed debt qualification plan. 9.17 Subd. 4. [AUTHORITY TO CONTRACT.] The commissioner and the 9.18 enterprise may contract with credit bureaus, private collection 9.19 agencies, and other entities as necessary for the collection of 9.20 debts. A private collection agency acting under a contract with 9.21 the commissioner or the enterprise is subject to sections 332.31 9.22 to 332.45, except that the private collection agency may 9.23 indicate that it is acting under a contract with the 9.24 commissioner or the enterprise. The commissioner and the 9.25 enterprise may not delegate the powers provided under section 9.26 16D.08 to any nongovernmental entity. 9.27 Sec. 19. Minnesota Statutes 1994, section 16D.05, is 9.28 amended to read: 9.29 16D.05 [PRIORITY OF SATISFACTION OF DEBTS.] 9.30 Subdivision 1. [MULTIPLE DEBTS.] If two or more debts owed 9.31 by the same debtor are submitted to thecommissionerenterprise, 9.32 amounts collected on those debts must be applied as prescribed 9.33 in this section. 9.34 Subd. 2. [ENFORCEMENT OF LIENS.] If the money received is 9.35 collected on a judgment lien under chapter 550, a lien provided 9.36 by chapter 514, a consensual lien or security interest, 10.1 protection of an interest in property through chapter 570, by 10.2 collection process provided by chapters 551 and 571, or by any 10.3 other process by which thecommissionerenterprise is enforcing 10.4 rights in a particular debt, the money must be applied to that 10.5 particular debt. 10.6 Subd. 3. [OTHER METHODS OF COLLECTION.] If the money is 10.7 collected in any manner not specified in subdivision 2, the 10.8 money collected must apply first to the satisfaction of any 10.9 debts for child support. Any debts other than child support 10.10 must be satisfied in the order in time in which thecommissioner10.11 enterprise received the debts from the referring agency. 10.12 Sec. 20. Minnesota Statutes 1995 Supplement, section 10.13 16D.06, is amended to read: 10.14 16D.06 [DEBTOR INFORMATION.] 10.15 Subdivision 1. [ACCESS TO GOVERNMENT DATA NOT PUBLIC.] 10.16 Notwithstanding chapter 13 or any other state law classifying or 10.17 restricting access to government data, upon request from the 10.18commissionerenterprise or the attorney general, state agencies, 10.19 political subdivisions, and statewide systems shall disseminate 10.20 not public data to thecommissionerenterprise or the attorney 10.21 general for the sole purpose of collecting debt. Not public 10.22 data disseminated under this subdivision is limited to financial 10.23 data of the debtor or data related to the location of the debtor 10.24 or the assets of the debtor. 10.25 Subd. 2. [DISCLOSURE OF DATA.] Data received, collected, 10.26 created, or maintained by thecommissionerenterprise or the 10.27 attorney general to collect debts are classified as private data 10.28 on individuals under section 13.02, subdivision 12, or nonpublic 10.29 data under section 13.02, subdivision 9. Thecommissioner10.30 enterprise or the attorney general may disclose not public data: 10.31 (1) under section 13.05; 10.32 (2) under court order; 10.33 (3) under a statute specifically authorizing access to the 10.34 not public data; 10.35 (4) to provide notices required or permitted by statute; 10.36 (5) to an agent of thecommissionerenterprise or the 11.1 attorney general, including a law enforcement person, attorney, 11.2 or investigator acting for thecommissionerenterprise or the 11.3 attorney general in the investigation or prosecution of a 11.4 criminal or civil proceeding relating to collection of a debt; 11.5 (6) to report names of debtors, amount of debt, date of 11.6 debt, and the agency to whom debt is owed to credit bureaus and 11.7 private collection agencies under contract with thecommissioner11.8 enterprise; 11.9 (7) when necessary to locate the debtor, locate the assets 11.10 of the debtor, or to enforce or implement the collection of a 11.11 debt; and 11.12 (8) to the commissioner of revenue for tax administration 11.13 purposes. 11.14 Thecommissionerenterprise and the attorney general may 11.15 not disclose data that is not public to a private collection 11.16 agency or other entity with whom thecommissionerenterprise has 11.17 contracted under section 16D.04, subdivision 4, unless 11.18 disclosure is otherwise authorized by law. 11.19 Sec. 21. Minnesota Statutes 1994, section 16D.07, is 11.20 amended to read: 11.21 16D.07 [NOTICE TO DEBTOR.] 11.22 The referring agency shall send notice to the debtor by 11.23 United States mail or personal delivery at the debtor's last 11.24 known address at least 20 days before the debt is referred to 11.25 thecommissionerenterprise. The notice must state the nature 11.26 and amount of the debt, identify to whom the debt is owed, and 11.27 inform the debtor of the remedies available under this chapter. 11.28 Sec. 22. Minnesota Statutes 1994, section 16D.08, as 11.29 amended by Laws 1995, chapter 254, article 5, section 8, is 11.30 amended to read: 11.31 16D.08 [COLLECTION DUTIES AND POWERS.] 11.32 Subdivision 1. [DUTIES.] Thecommissionerenterprise shall 11.33 take all reasonable and cost-effective actions to collect debts 11.34 referred to thecommissionerenterprise. 11.35 Subd. 2. [POWERS.] In addition to the collection remedies 11.36 available to private collection agencies in this state, 12.1 thecommissionerenterprise, with legal assistance from the 12.2 attorney general, may utilize any statutory authority granted to 12.3 a referring agency for purposes of collecting debt owed to that 12.4 referring agency. Thecommissionerenterprise may also use the 12.5 tax collection remedies of the commissioner of revenue in 12.6 sections 270.06, clauses (7) and (17), excluding the power to 12.7 subpoena witnesses; 270.66; 270.69, excluding subdivisions 7 and 12.8 13; 270.70, excluding subdivision 14; 270.7001 to 270.72; and 12.9 290.92, subdivision 23, except that a continuous wage levy under 12.10 section 290.92, subdivision 23, is only effective for 70 days, 12.11 unless no competing wage garnishments, executions, or levies are 12.12 served within the 70-day period, in which case a wage levy is 12.13 continuous until a competing garnishment, execution, or levy is 12.14 served in the second or a succeeding 70-day period, in which 12.15 case a continuous wage levy is effective for the remainder of 12.16 that period. A debtor who qualifies for cancellation of the 12.17 collection penalty under section 16D.11, subdivision 3, clause 12.18 (1), can apply to the commissioner of revenue for reduction or 12.19 release of a continuous wage levy, if the debtor establishes 12.20 that the debtor needs all or a portion of the wages being levied 12.21 upon to pay for essential living expenses, such as food, 12.22 clothing, shelter, medical care, or expenses necessary for 12.23 maintaining employment. The commissioner's determination not to 12.24 reduce or release a continuous wage levy is appealable to 12.25 district court. The word "tax" or "taxes" when used in the tax 12.26 collection statutes listed in this subdivision also means debts 12.27 referred under this chapter. For debts other than state taxes 12.28 or child support, before any of the tax collection remedies 12.29 listed in this subdivision can be used, except for the remedies 12.30 in section 270.06, clauses (7) and (17), if the referring agency 12.31 has not already obtained a judgment or filed a lien, 12.32 thecommissionerenterprise must first obtain a judgment against 12.33 the debtor. 12.34 Sec. 23. Minnesota Statutes 1994, section 16D.10, is 12.35 amended to read: 12.36 16D.10 [CASE REVIEWER.] 13.1 Thecommissionerenterprise shall make a case reviewer 13.2 available to debtors. The reviewer must be available to answer 13.3 a debtor's questions concerning the collection process and to 13.4 review the collection activity taken. If the reviewer 13.5 reasonably believes that the particular action being taken is 13.6 unreasonable or unfair, the reviewer may make recommendations to 13.7 thecommissionerenterprise in regard to the collection action. 13.8 Sec. 24. Minnesota Statutes 1995 Supplement, section 13.9 16D.11, subdivision 1, is amended to read: 13.10 Subdivision 1. [IMPOSITION.] As determined by the 13.11 commissioner, a penalty shall be added to the debts referred to 13.12 thecommissionerenterprise or private collection agency for 13.13 collection. The penalty is collectible by thecommissioner13.14 enterprise or private agency from the debtor at the same time 13.15 and in the same manner as the referred debt. The referring 13.16 agency shall advise the debtor of the penalty under this section 13.17 and the debtor's right to cancellation of the penalty under 13.18 subdivision 3 at the time the agency sends notice to the debtor 13.19 under section 16D.07. If thecommissionerenterprise or private 13.20 agency collects an amount less than the total due, the payment 13.21 is applied proportionally to the penalty and the underlying 13.22 debt. Penalties collected by thecommissionerenterprise under 13.23 this subdivision or retained under subdivision 6 shall be 13.24 deposited in the general fund as nondedicated receipts. 13.25 Penalties collected by private agencies are appropriated to the 13.26 referring agency to pay the collection fees charged by the 13.27 private agency. Penalty collections in excess of collection 13.28 agency fees must be deposited in the general fund as 13.29 nondedicated receipts. 13.30 Sec. 25. Minnesota Statutes 1995 Supplement, section 13.31 16D.11, subdivision 2, is amended to read: 13.32 Subd. 2. [COMPUTATION.] Beginning July 1, 1995, at the 13.33 time a debt is referred, the amount of the penalty is equal to 13.34 15 percent of the debt, or 25 percent of the debt remaining 13.35 unpaid if thecommissionerenterprise or private collection 13.36 agency has to take enforced collection action by serving a 14.1 summons and complaint on or entering judgment against the 14.2 debtor, or by utilizing any of the remedies authorized under 14.3 section 16D.08, subdivision 2, except for the remedies in 14.4 sections 270.06, clause (7), and 270.66 or when referred by 14.5 thecommissionerenterprise for additional collection activity 14.6 by a private collection agency. If, after referral of a debt to 14.7 a private collection agency, the debtor requests cancellation of 14.8 the penalty under subdivision 3, the debt must be returned to 14.9 thecommissionerenterprise for resolution of the request. 14.10 Sec. 26. Minnesota Statutes 1995 Supplement, section 14.11 16D.11, subdivision 4, is amended to read: 14.12 Subd. 4. [APPEAL.] Decisions of the commissioner of 14.13 revenue denying an application to cancel the penalty under 14.14 subdivision 3 are subject to the contested case procedure under 14.15 chapter 14. 14.16 Sec. 27. Minnesota Statutes 1995 Supplement, section 14.17 16D.11, subdivision 5, is amended to read: 14.18 Subd. 5. [REFUND.] If a penalty is collected and then 14.19 canceled, the amount of the penalty shall be refunded to the 14.20 debtor within 30 days. The amount necessary to pay the refunds 14.21 is annually appropriated to thecommissionerenterprise. 14.22 Sec. 28. Minnesota Statutes 1995 Supplement, section 14.23 16D.11, subdivision 6, is amended to read: 14.24 Subd. 6. [CHARGE TO REFERRING AGENCY.] If the penalty is 14.25 canceled under subdivision 3, an amount equal to the penalty is 14.26 retained by thecommissionerenterprise from the debt collected, 14.27 and is accounted for and subject to the same provisions of this 14.28 chapter as if the penalty had been collected from the debtor. 14.29 Sec. 29. Minnesota Statutes 1995 Supplement, section 14.30 16D.12, is amended to read: 14.31 16D.12 [PAYMENT OF COLLECTION AGENCY FEES.] 14.32 Unless otherwise expressly prohibited by law, a state 14.33 agency may pay for the services ofa statethe enterprise or 14.34 private collection agency from the money collected. The portion 14.35 of the money collected which must be paid to the enterprise or 14.36 private collection agency as its collection fee is appropriated 15.1 from the fund to which the collected money is due. 15.2 Sec. 30. Minnesota Statutes 1995 Supplement, section 15.3 16D.14, is amended to read: 15.4 16D.14 [VENUE.] 15.5 Subdivision 1. [AUTHORIZATION.] Thecommissioner15.6 enterprise or the attorney general may bring an action to 15.7 recover debts owed to the state in Ramsey county district court 15.8 or Ramsey county conciliation court at the discretion of the 15.9 state. In order to bring a cause of action under this section 15.10 in any county other than the county where the debtor resides or 15.11 where the cause of action arose, thecommissionerenterprise or 15.12 the attorney general must notify the debtor as provided in 15.13 subdivisions 2 to 4, unless that venue is authorized by other 15.14 law. 15.15 Subd. 2. [CONCILIATION COURT; CLAIMS FOR $2,500 OR LESS.] 15.16 (a) Before bringing a conciliation court action for a claim for 15.17 $2,500 or less under this section in any county other than where 15.18 the debtor resides or where the cause of action arose, the 15.19commissionerenterprise or the attorney general shall send a 15.20 form by first class mail to the debtor's last known address 15.21 notifying the debtor of the intent to bring an action in Ramsey 15.22 county. Thecommissionerenterprise or attorney general must 15.23 enclose a form for the debtor to use to request that the action 15.24 not be brought in Ramsey county and a self-addressed, postage 15.25 paid envelope. The form must advise the debtor of the right to 15.26 request that the action not be brought in Ramsey county and that 15.27 the debtor has 30 days from the date of the form to make this 15.28 request. 15.29 (b) If the debtor timely returns the form requesting the 15.30 action not be brought in Ramsey county, thecommissioner15.31 enterprise or attorney general may only file the action in the 15.32 county of the debtor's residence, the county where the cause of 15.33 action arose, or as provided by other law. Thecommissioner15.34 enterprise or attorney general shall notify the debtor of the 15.35 action taken. If the debtor does not timely return the form, 15.36 venue is as chosen by thecommissionerenterprise or attorney 16.1 general as authorized under this section. 16.2 (c) If a judgment is obtained in Ramsey county conciliation 16.3 court when the form was sent by first class mail under this 16.4 subdivision and the debtor reasonably demonstrates that the 16.5 debtor did not reside at the address where the form was sent or 16.6 that the debtor did not receive the form, thecommissioner16.7 enterprise or the attorney general shall vacate the judgment 16.8 without prejudice and return any funds collected as a result of 16.9 enforcement of the judgment. Evidence of the debtor's correct 16.10 address include, but are not limited to, a driver's license, 16.11 homestead declaration, school registration, utility bills, or a 16.12 lease or rental agreement. 16.13 Subd. 3. [CONCILIATION COURT CLAIMS EXCEEDING $2,500.] (a) 16.14 In order to bring a conciliation court claim that exceeds $2,500 16.15 under this section in a county other than where the debtor 16.16 resides or where the cause of action arose, the 16.17commissionerenterprise or the attorney general shall serve with 16.18 the conciliation court claim a change of venue form for the 16.19 debtor to use to request that venue be changed and a 16.20 self-addressed, postage paid return envelope. This form must 16.21 advise the debtor that the form must be returned within 30 days 16.22 of the date of service or venue will remain in Ramsey county. 16.23 (b) If the debtor timely returns the change of venue form 16.24 requesting a change of venue, thecommissionerenterprise or 16.25 attorney general shall change the venue of the action to the 16.26 county of the debtor's residence, the county where the cause of 16.27 action arose, as provided by other law, or dismiss the action. 16.28 Thecommissionerenterprise or attorney general must notify the 16.29 debtor of the action taken. If the debtor does not timely 16.30 return the form, venue is as chosen by thecommissioner16.31 enterprise or attorney general as authorized under this 16.32 section. Thecommissionerenterprise or the attorney general 16.33 shall file the signed return receipt card or the proof of 16.34 service with the court. 16.35 Subd. 4. [DISTRICT COURT.] (a) In order to bring a 16.36 district court action under this section in any county other 17.1 than where the debtor resides or where the cause of action 17.2 arose, thecommissionerenterprise or attorney general shall 17.3 serve the change of venue form with the summons and complaint or 17.4 petition commencing the collection action. Two copies of the 17.5 form must be served along with a self-addressed, postage paid 17.6 return envelope. The form must advise the debtor that the form 17.7 must be returned within 20 days of the date of service or venue 17.8 will remain in Ramsey county. If the debtor timely returns the 17.9 change of venue form, the time to answer the summons and 17.10 complaint or petition runs from the date of debtor's request for 17.11 change of venue. 17.12 (b) If the debtor timely returns the change of venue form 17.13 requesting that the action not be brought in Ramsey county, the 17.14commissionerenterprise or attorney general shall change the 17.15 venue of the action to the county of the debtor's residence, the 17.16 county where the cause of action arose, as provided by other 17.17 law, or dismiss the action. Thecommissionerenterprise or 17.18 attorney general shall notify the debtor of the action taken. 17.19 If the debtor is served the form to change venue along with the 17.20 district court summons and complaint or petition, in accordance 17.21 with court rules, but does not return the form within the 17.22 statutory timelines, venue is as chosen by thecommissioner17.23 enterprise or attorney general as authorized under this 17.24 section. Thecommissionerenterprise or attorney general shall 17.25 file the proof of service along with the summons and complaint 17.26 or petition commencing the lawsuit. 17.27 Subd. 5. [FEES.] No court filing fees, docketing fees, or 17.28 release of judgment fees may be assessed against the state for 17.29 collection actions filed under this chapter. 17.30 Sec. 31. Minnesota Statutes 1995 Supplement, section 17.31 16D.16, is amended to read: 17.32 16D.16 [SETOFFS.] 17.33 Subdivision 1. [AUTHORIZATION.] Thecommissioner17.34 enterprise or a state agency may automatically deduct the amount 17.35 of a debt owed to the state from any state payment due to the 17.36 debtor, except tax refunds, earned income tax credit, child care 18.1 tax credit, prejudgment debts of $5,000 or less, funds exempt 18.2 under section 550.37, or funds owed an individual who receives 18.3 assistance under the provisions of chapter 256 are not subject 18.4 to setoff under this chapter. If a debtor has entered into a 18.5 written payment plan with respect to payment of a specified 18.6 debt, the right of setoff may not be used to satisfy that debt. 18.7 Notwithstanding section 181.79, the state may deduct from the 18.8 wages due or earned by a state employee to collect a debt, 18.9 subject to the limitations in section 571.922. 18.10 Subd. 2. [NOTICE AND HEARING.] Before setoff, the 18.11commissionerenterprise or state agency shall mail written 18.12 notice by certified mail to the debtor, addressed to the 18.13 debtor's last known address, that thecommissionerenterprise or 18.14 state agency intends to set off a debt owed to the state by the 18.15 debtor against future payments due the debtor from the state. 18.16 For debts owed to the state that have not been reduced to 18.17 judgment, if no opportunity to be heard or administrative appeal 18.18 process has yet been made available to the debtor to contest the 18.19 validity or accuracy of the debt, before setoff for a 18.20 prejudgment debt, the notice to the debtor must advise that the 18.21 debtor has a right to make a written request for a contested 18.22 case hearing on the validity of the debt or the right to 18.23 setoff. The debtor has 30 days from the date of that notice to 18.24 make a written request for a contested case hearing to contest 18.25 the validity of the debt or the right to setoff. The debtor's 18.26 request must state the debtor's reasons for contesting the debt 18.27 or the right to setoff. If thecommissionerenterprise or state 18.28 agency desires to pursue the right to setoff following receipt 18.29 of the debtor's request for a hearing, thecommissioner18.30 enterprise or state agency shall schedule a contested case 18.31 hearing within 30 days of the receipt of the request for the 18.32 hearing. If thecommissionerenterprise or state agency decides 18.33 not to pursue the right to setoff, the debtor must be notified 18.34 of that decision. 18.35 Sec. 32. Minnesota Statutes 1994, section 69.021, 18.36 subdivision 4, is amended to read: 19.1 Subd. 4. [DETERMINATION OF QUALIFIED STATE AID RECIPIENTS; 19.2 CERTIFICATION TO COMMISSIONER OF REVENUE.] The commissioner 19.3 shall determine which municipalities and independent nonprofit 19.4 firefighting corporations are qualified to receive fire state 19.5 aid and which municipalities and counties are qualified to 19.6 receive state peace officer aid. The commissioner shall 19.7 determine qualification upon receipt of (1) the fire department 19.8 personnel and equipment certification or the police department 19.9 and qualified peace officers certificate, whichever is 19.10 applicable, required under section 69.011, (2) the financial 19.11 compliance report required under section 6.495, and (3) any 19.12 other relevant information which comes to the attention of the 19.13 commissioner. Upon completion of the determination, on or 19.14 beforeSeptemberOctober 1, the commissioner shall calculate 19.15 under subdivision 6 the amount of (a) state peace officer aid 19.16 which each county or municipality is to receive and (b) fire 19.17 state aid which each municipality or nonprofit firefighting 19.18 corporation is to receive. The commissioner shall certify to 19.19 the commissioner of finance the name of each county or 19.20 municipality, and the amount of state aid which each county or 19.21 municipality is to receive, in the case of state peace officer 19.22 aid; and the name of each municipality or independent nonprofit 19.23 firefighting corporation and the amount of state aid which each 19.24 municipality or independent nonprofit firefighting corporation 19.25 is to receive, in the case of fire state aid. 19.26 Sec. 33. Minnesota Statutes 1994, section 69.021, is 19.27 amended by adding a subdivision to read: 19.28 Subd. 10. [REDUCTION.] The commissioner of revenue shall 19.29 reduce the apportionment of police state aid under subdivisions 19.30 5, paragraph (b), 6, and 7, for eligible employer units by any 19.31 amount in excess of the employer's total prior calendar year 19.32 obligation under section 353.65, as certified by the executive 19.33 director of the public employees retirement association. The 19.34 total shall be deposited in a separate excess police state-aid 19.35 account in the general fund, administered and distributed as 19.36 provided in subdivision 11. 20.1 Sec. 34. Minnesota Statutes 1994, section 69.021, is 20.2 amended by adding a subdivision to read: 20.3 Subd. 11. [EXCESS POLICE STATE-AID HOLDING ACCOUNT.] (a) 20.4 An excess police state-aid holding account is established in the 20.5 general fund. 20.6 (b) Excess police state aid determined according to section 20.7 69.031, subdivision 5, paragraphs (2), clauses (b) and (c), and 20.8 (3), must be deposited in the excess police state-aid holding 20.9 account. 20.10 (c) From the balance in the excess police state-aid holding 20.11 account, $1,000,000 must be transferred annually to the 20.12 ambulance service personnel longevity award and incentive 20.13 suspense account established by section 144C.03, subdivision 2. 20.14 (d) If a police officer stress reduction program is created 20.15 by law and money is appropriated for that program, an amount 20.16 equal to that appropriation must be transferred from the balance 20.17 in the excess police state-aid holding account. 20.18 (e) On October 1, 1997, and annually on each October 1, 20.19 one-half of the balance of the excess police state-aid holding 20.20 account remaining after deductions under paragraphs (c) and (d) 20.21 must be allocated as additional amortization aid under section 20.22 423A.02, subdivision 1b. 20.23 (f) The remaining balance in the excess police state-aid 20.24 holding account, after the deductions under paragraphs (c), (d), 20.25 and (e), cancels to the general fund. 20.26 Sec. 35. Minnesota Statutes 1994, section 69.031, 20.27 subdivision 1, is amended to read: 20.28 Subdivision 1. [COMMISSIONER OF FINANCE'S WARRANT.] The 20.29 commissioner of finance shall issue to the county, municipality, 20.30 or independent nonprofit firefighting corporation certified to 20.31 the commissioner of finance by the commissioner a warrant for an 20.32 amount equal to the amount certified to by the commissioner 20.33 pursuant to section 69.021. The amount due and not paid 20.34 bySeptemberOctober 1 accrues interest at the rate of one 20.35 percent for each month or part of a month the amount remains 20.36 unpaid, beginning the preceding July 1. 21.1 Sec. 36. Minnesota Statutes 1994, section 69.031, 21.2 subdivision 5, is amended to read: 21.3 Subd. 5. [DEPOSIT OF STATE AID.] (1) The municipal 21.4 treasurer, on receiving the fire state aid, shall within 30 days 21.5 after receipt transmit it to the treasurer of the duly 21.6 incorporated firefighters' relief association if there is one 21.7 organized and the association has filed a financial report with 21.8 the municipality; but if there is no relief association 21.9 organized, or if any association dissolve, be removed, or has 21.10 heretofore dissolved, or has been removed as trustees of state 21.11 aid, then the treasurer of the municipality shall keep the money 21.12 in the municipal treasury as provided for in section 424A.08 and 21.13 shall be disbursed only for the purposes and in the manner set 21.14 forth in that section. 21.15 (2) The municipal treasurer, upon receipt of the police 21.16 state aid, shall disburse the police state aid in the following 21.17 manner: 21.18 (a) For a municipality in which a local police relief 21.19 association exists and all peace officers are members of the 21.20 association, the total state aid shall be transmitted to the 21.21 treasurer of the relief association within 30 days of the date 21.22 of receipt, and the treasurer of the relief association shall 21.23 immediately deposit the total state aid in the special fund of 21.24 the relief association; 21.25 (b) For a municipality in which police retirement coverage 21.26 is provided by the public employees police and fire fund and all 21.27 peace officers are members of the fund, the total state aid 21.28 shall be applied toward the municipality's employer contribution 21.29 to the public employees police and fire fund pursuant to section 21.30 353.65, subdivision 3, and any state aid in excess of the amount21.31required to meet the employer's contribution pursuant to section21.32353.65, subdivision 3, shall be deposited in the excess21.33contributions holding account of the public employees retirement21.34association; or 21.35 (c) For a municipality other than a city of the first class 21.36 with a population of more than 300,000 in which both a police 22.1 relief association exists and police retirement coverage is 22.2 provided in part by the public employees police and fire fund, 22.3 the municipality may elect at its option to transmit the total 22.4 state aid to the treasurer of the relief association as provided 22.5 in clause (a), to use the total state aid to apply toward the 22.6 municipality's employer contribution to the public employees 22.7 police and fire fund subject to all the provisions set forth in 22.8 clause (b), or to allot the total state aid proportionately to 22.9 be transmitted to the police relief association as provided in 22.10 this subdivision and to apply toward the municipality's employer 22.11 contribution to the public employees police and fire fund 22.12 subject to the provisions of clause (b) on the basis of the 22.13 respective number of active full-time peace officers, as defined 22.14 in section 69.011, subdivision 1, clause (g). 22.15 For a city of the first class with a population of more 22.16 than 300,000, in addition, the city may elect to allot the 22.17 appropriate portion of the total police state aid to apply 22.18 toward the employer contribution of the city to the public 22.19 employees police and fire fund based on the covered salary of 22.20 police officers covered by the fund each payroll period and to 22.21 transmit the balance to the police relief association. 22.22 (3) The county treasurer, upon receipt of the police state 22.23 aid for the county, shall apply the total state aid toward the 22.24 county's employer contribution to the public employees police 22.25 and fire fund pursuant to section 353.65, subdivision 3, and any22.26state aid in excess of the amount required to meet the22.27employer's contribution pursuant to section 353.65, subdivision22.283, shall be deposited in the excess contributions holding22.29account of the public employees retirement association. 22.30 (4) The designated metropolitan airports commission 22.31 official, upon receipt of the police state aid for the 22.32 metropolitan airports commission, shall apply the total police 22.33 state aid toward the commission's employer contribution to the 22.34 Minneapolis employees retirement fund under section 422A.101, 22.35 subdivision 2a. 22.36 Sec. 37. Minnesota Statutes 1994, section 116G.151, is 23.1 amended to read: 23.2 116G.151 [REQUIRED ENVIRONMENTALASSESSMENT WORKSHEET23.3 IMPACT STATEMENT; FACILITIES IN MISSISSIPPI RIVER AREA.] 23.4 (a) Until completion of an environmentalassessment23.5worksheetimpact statement that complies with the rules of the 23.6 environmental quality board and this section,a state or local23.7agencyno member agency of the environmental quality board may 23.8notissue a permit for construction or operation of a metal 23.9 materials shredding projectwith a processing capacity in excess23.10of 20,000 tons per monththat would be located in the 23.11 Mississippi river critical area, as described in section 23.12 116G.15, upstream from United States Corps of Engineers Lock and 23.13 Dam NumberOneTwo. 23.14 (b) The pollution control agency is the responsible 23.15 governmental unit for the preparation of an environmental 23.16assessment worksheetimpact statement required under this 23.17 section. 23.18 (c) In addition to the contents required under law and 23.19 rule, an environmentalassessment worksheetimpact statement 23.20 completed under this section must also include the following 23.21 major categories: 23.22 (1) effects of operation of the project, including 23.23 vibrations and airborne particulates and dust, on the 23.24 Mississippi river; 23.25 (2) effects of operation of the project, including 23.26 vibrations and airborne particulates and dust, on adjacent 23.27 businesses and on residents and neighborhoods; 23.28 (3) effects of operation of the project on barge and street 23.29 traffic; 23.30 (4) discussion of alternative sites considered by the 23.31 project proposer for the proposed project, possible design 23.32 modifications including site layout, and the magnitude of the 23.33 project; 23.34 (5) mitigation measures that could eliminate or minimize 23.35 any adverse environmental effects of the proposed project; 23.36 (6) impact of the proposed project on the housing, park, 24.1 and recreational use of the river; 24.2 (7) effects of waste and implication of the disposal of 24.3 waste generated from the proposed project; 24.4 (8) effects on water quality from the project operations, 24.5 including wastewater generated from operations of the proposed 24.6 project; 24.7 (9) potential effects from fugitive emissions, fumes, dust, 24.8 noise, and vibrations from project operations; 24.9 (10) compatibility of the existing operation and proposed 24.10 operation with other existing uses; 24.11 (11) the report of the expert required by paragraph (g). 24.12 (d) In addition to the publication and distribution 24.13 provisions relating to environmentalassessment worksheets24.14 impact statements under law and rule, notice of 24.15 environmentalassessment worksheetsimpact statements performed 24.16 by this section shall also be published in a newspaper of 24.17 general circulation as well as community newspapers in the 24.18 affected neighborhoods. 24.19 (e) A public meeting in the affected communities must be 24.20 held on the environmentalassessment worksheetimpact statement 24.21 prepared under this section. After the public meeting on the 24.22 environmentalassessment worksheetimpact statement, there must 24.23 be an additional 30-day period for review and comment on the 24.24 environmentalassessment worksheetimpact statement. 24.25 (f)If the pollution control agency determines that24.26information necessary to make a reasonable decision about24.27potential of significant environmental impacts is insufficient,24.28the agency shall make a positive declaration and proceed with an24.29environmental impact statement.24.30(g)The pollution control agency shall retain an expert in 24.31 the field of toxicology who is capable of properly analyzing the 24.32 potential effects and content of any airborne particulates, 24.33 fugitive emissions, and dust that could be produced by a metal 24.34 materials shredding project. The pollution control agency shall 24.35 obtain any existing reports or documents from a governmental 24.36 entity or project proposer that analyzes or evaluates the 25.1 potential hazards of airborne particulates, fugitive emissions, 25.2 or dust from the construction or operation of a metal materials 25.3 shredding project in preparing the environmental assessment 25.4 worksheet. The agency and the expert shall prepare, as part of 25.5 the report, a risk assessment of the types of metals permitted 25.6 to be shredded as compared to the types of materials that are 25.7 likely to be processed at the facility. In performing the risk 25.8 assessment, the agency and the expert must consider any actual 25.9 experience at similar facilities. The report must be included 25.10 as part of the environmentalassessment worksheetimpact 25.11 statement. 25.12(h) If the pollution control agency determines that under25.13the rules of the environmental quality board an environmental25.14impact statement should be prepared, the pollution control25.15agency shall be the responsible governmental unit for25.16preparation of the environmental impact statement.25.17 Sec. 38. [116G.152] [PROHIBITION.] 25.18 No member agency of the environmental quality board may 25.19 issue a permit for the construction, retrofitting, renovation, 25.20 or operation of a steam service facility capable of utilizing 25.21 coal or petroleum coke as its primary fuel source without prior 25.22 legislative approval, if the facility is located or will be 25.23 located within that portion of the Mississippi river critical 25.24 area established in section 116G.15 that is within the 25.25 boundaries of the city of Minneapolis. 25.26 Sec. 39. Minnesota Statutes 1994, section 144C.03, 25.27 subdivision 2, is amended to read: 25.28 Subd. 2. [TRUST ACCOUNT.] (a) There is established in the 25.29 general fund an ambulance service personnel longevity award and 25.30 incentive trust account and an ambulance service personnel 25.31 longevity award and incentive suspense account. 25.32 (b) The trust account must be credited with: 25.33 (1) general fund appropriations for that purpose; 25.34 (2) transfers from the ambulance service personnel 25.35 longevity award and incentive suspense account; and 25.36 (3) investment earnings on those accumulated proceeds. The 26.1 assets and income of the trust account must be held and managed 26.2 by the commissioner of finance and the state board of investment 26.3 for the benefit of the state of Minnesota and its general 26.4 creditors. 26.5 (c) The suspense account must be credited with transfers 26.6 from the excesscontributionspolice state-aid holding account 26.7 established in section353.65, subdivision 769.021, subdivision 26.8 11, any per-year-of-service allocation under section 144C.07, 26.9 subdivision 2, paragraph (c), that was not made for an 26.10 individual, and investment earnings on those accumulated 26.11 proceeds. The suspense account must be managed by the 26.12 commissioner of finance and the state board of investment. From 26.13 the suspense account to the trust account there must be 26.14 transferred to the ambulance service personnel longevity award 26.15 and incentive trust account, as the suspense account balance 26.16 permits, the following amounts: 26.17 (1) an amount equal to any general fund appropriation to 26.18 the ambulance service personnel longevity award and incentive 26.19 trust account for that fiscal year; and 26.20 (2) an amount equal to the percentage of the remaining 26.21 balance in the account after the deduction of the amount under 26.22 clause (1), as specified for the applicable fiscal year: 26.23 Fiscal year Percentage 26.24 1995 20 26.25 1996 40 26.26 1997 50 26.27 1998 60 26.28 1999 70 26.29 2000 80 26.30 2001 90 26.31 2002 and thereafter 100 26.32 Sec. 40. Minnesota Statutes 1994, section 192.501, as 26.33 amended by Laws 1995, chapter 186, section 48, is amended to 26.34 read: 26.35 192.501 [FINANCIAL INCENTIVES FOR NATIONAL GUARD MEMBERS.] 26.36Subdivision 1. [REENLISTMENT BONUS.] (a) The adjutant27.1general shall establish a program providing a reenlistment bonus27.2for members of the Minnesota national guard in accordance with27.3this section. An active member of the Minnesota national guard27.4serving satisfactorily, as defined by the adjutant general,27.5shall be paid $250 per year for reenlisting in the Minnesota27.6national guard.27.7(b) A member must reenlist in the Minnesota national guard27.8for a minimum of three years.27.9(c) A member is eligible for subsequent reenlistment27.10bonuses to the extent that total years of bonus eligibility are27.11limited to 12 years.27.12(d) Bonus payments shall be paid in the month prior to the27.13anniversary of a member's current reenlistment.27.14(e) A member electing to receive tuition assistance under27.15subdivision 2, shall forfeit the reenlistment bonus for the27.16years that the tuition assistance is provided.27.17 Subd. 1a. [ENLISTMENT BONUS PROGRAM.] (a) The adjutant 27.18 general may establish within the limitations of this subdivision 27.19 a program to provide enlistment bonuses to eligible prospects 27.20 who become members of the Minnesota national guard. 27.21 (b) Eligibility for the bonus is limited to a candidate who: 27.22 (1) has expertise, qualifications, or potential for 27.23 military service deemed by the adjutant general as sufficiently 27.24 important to the readiness of the national guard or a unit of 27.25 the national guard to warrant the payment of a bonus in an 27.26 amount to generally encourage the candidate's enlistment in the 27.27 national guard; 27.28 (2) joins the national guard as an enlisted member, as 27.29 defined in section 190.05, subdivision 6; and 27.30 (3) serves satisfactorily during the period of, and 27.31 completes, the person's initial entry training, if applicable. 27.32 The adjutant general may, within the limitations of this 27.33 paragraph and other applicable laws, determine additional 27.34 eligibility criteria for the bonus, and must specify all of the 27.35 criteria in regulations and publish changes as necessary. 27.36 (c) The enlistment bonus payments must be made on a 28.1 schedule that is determined and published in department 28.2 regulations by the adjutant general. 28.3 (d) If a member fails to complete a term of enlistment for 28.4 which a bonus was paid, the adjutant general may seek to recoup 28.5 a prorated amount of the bonus as determined by the adjutant 28.6 general. 28.7 Subd. 1b. [REENLISTMENT BONUS PROGRAM.] (a) The adjutant 28.8 general may establish a program to provide a reenlistment bonus 28.9 to eligible members of the Minnesota national guard who extend 28.10 their enlistment in the national guard within the limitations of 28.11 this subdivision. 28.12 (b) Eligibility for the bonus is limited to an enlisted 28.13 member of the national guard, as defined in section 190.05, 28.14 subdivision 6, who: 28.15 (1) is serving satisfactorily as determined by the adjutant 28.16 general; 28.17 (2) has ten or fewer years of service creditable for 28.18 retirement; and 28.19 (3) has military training and expertise deemed by the 28.20 adjutant general as sufficiently important to the readiness of 28.21 the national guard or a unit of the national guard to warrant 28.22 the payment of a bonus in an amount to generally encourage the 28.23 member's reenlistment in the national guard. 28.24 The adjutant general may, within the limitations of this 28.25 paragraph and other applicable laws, determine additional 28.26 eligibility criteria for the bonus, and must specify all of the 28.27 criteria in regulations and publish changes as necessary. 28.28 (c) The reenlistment bonus payments must be made on a 28.29 schedule that is determined and published in department 28.30 regulations by the adjutant general. 28.31 (d) If a member fails to complete a term of reenlistment 28.32 for which a bonus was paid, the adjutant general may seek to 28.33 recoup a prorated amount of the bonus as determined by the 28.34 adjutant general. 28.35 Subd. 2. [TUITION AND TEXTBOOK REIMBURSEMENT GRANT 28.36 PROGRAM.] (a) The adjutant general shall establish a 29.1 programprovidingto provide tuition and textbook reimbursement 29.2forgrants to eligible members of the Minnesota national 29.3 guardin accordance with this section. An active member of the29.4Minnesota national guard serving satisfactorily, as defined by29.5the adjutant general, shall be reimbursed for tuition paid to a29.6post-secondary education institution as defined by section29.7136A.15, subdivision 5, upon proof of satisfactory completion of29.8course workwithin the limitations of this subdivision. 29.9 (b)In the case of tuition paid to a public institution29.10located in Minnesota, including any vocational or technical29.11school, tuition is limited to an amount equal to 50 percent of29.12the cost of tuition at that public institution, except as29.13provided in this section. In the case of tuition paid to a29.14Minnesota private institution or vocational or technical school29.15or a public or private institution or vocational or technical29.16school not located in Minnesota, reimbursementEligibility is 29.17 limited to a member of the national guard who: 29.18 (1) is serving satisfactorily as defined by the adjutant 29.19 general; 29.20 (2) is attending a post-secondary educational institution, 29.21 as defined by section 136A.15, subdivision 6, including a 29.22 vocational or technical school operated or regulated by this 29.23 state or another state or province; and 29.24 (3) provides proof of satisfactory completion of 29.25 coursework, as defined by the adjutant general. 29.26 In addition, if a member of the Minnesota national guard is 29.27 killed in the line of state active service or federally funded 29.28 state active service, as defined in section 190.05, subdivisions 29.29 5a and 5b, the member's surviving spouse, and any surviving 29.30 dependent who has not yet reached 24 years of age, shall be 29.31 eligible for a tuition and textbook reimbursement grant. 29.32 The adjutant general may, within the limitations of this 29.33 paragraph and other applicable laws, determine additional 29.34 eligibility criteria for the grant, and must specify the 29.35 criteria in department regulations and publish changes as 29.36 necessary. 30.1 (c) The amount of a tuition and textbook reimbursement 30.2 grant must be specified on a schedule as determined and 30.3 published in department regulations by the adjutant general, but 30.4 is limited to50a maximum of an amount equal to 75 percent of 30.5 the cost of tuition for lower division programs in the college 30.6 of liberal arts at the twin cities campus of the University of 30.7 Minnesota in the most recent academic year, exceptas provided30.8in this section.30.9(c) If a member of the Minnesota national guard is killed30.10in the line of state active service or federally funded state30.11active service as defined in section 190.05, subdivision 5b, the30.12state shall reimbursethat in the case of a survivor as defined 30.13 in paragraph (b), the amount of the tuition and textbook 30.14 reimbursement grant for coursework satisfactorily completed by 30.15 the person shall be limited to 100 percent of the cost of 30.16 tuition for post-secondary coursessatisfactorily completed by30.17any surviving spouse and any surviving dependents who are 2330.18years old or younger. Reimbursement for surviving spouses and30.19dependents is limited in amount and duration as is reimbursement30.20for the national guard memberat a Minnesota public educational 30.21 institution. 30.22 Paragraph (b) notwithstanding, a person is no longer 30.23 eligible for a grant under this subdivision once the person has 30.24 received grants under this subdivision for the equivalent of 208 30.25 quarter credits or 144 semester credits of coursework. 30.26 (d)The amount of tuition reimbursement for each eligible30.27individual shall be determined by the adjutant general according30.28to rules formulated within 30 days of June 4, 1989.Tuition and 30.29 textbook reimbursement grants received under thissection30.30 subdivision shall not be considered by the Minnesota higher 30.31 education services office or by any other state board, 30.32 commission, or entity in determining a person's eligibility for 30.33 a scholarship or grant-in-aid under sections 136A.095 to 30.34 136A.1311. 30.35 (e) If a member fails to complete a term of enlistment 30.36 during which a tuition and textbook reimbursement grant was 31.1 paid, the adjutant general may seek to recoup a prorated amount 31.2 as determined by the adjutant general. 31.3 Subd. 3. [RECORDKEEPING; RECRUITMENTANDRETENTION; FISCAL31.4MANAGEMENTREPORTING.] Thedepartment of military affairs31.5shalladjutant general must keep an accurate record of the 31.6 recipientsof the reenlistment bonus and tuition reimbursement31.7programs. The department shall report to the legislature on the31.8effectiveness of the reenlistment bonus and tuition31.9reimbursement programs in retaining and recruiting members for31.10the Minnesota National Guard. The report to the legislature31.11shall be made by January 1 of each year. The report shall31.12include a review of the effect that the reenlistment bonus and31.13tuition reimbursement programs have on the enlistment and31.14reenlistment of national guard members. The report shall31.15include an accurate record of the effect that both the tuition31.16reimbursement program and the reenlistment bonus program have on31.17the recruitment and retention of members byand benefits paid 31.18 under this section, and must report this information in the 31.19 agency performance report, including information regarding the 31.20 rank, unit location, race, andsexgender. 31.21 By January 16 of each year, the adjutant general must 31.22 provide copies of the regulations developed under this section 31.23 to the chairs of the house and senate policy committees 31.24 responsible for the national guard. 31.25 The department of military affairs shall make a specific 31.26 effort to recruit andretainreenlist women and members of 31.27 minority groups into the national guard through the use of the 31.28tuition reimbursement and reenlistment bonusfinancial 31.29 incentives authorized by the programs in this section. 31.30 Sec. 41. Minnesota Statutes 1995 Supplement, section 31.31 240A.08, is amended to read: 31.32 240A.08 [APPROPRIATION.] 31.33 (a) $750,000 is appropriated annually from the general fund 31.34 to the Minnesota amateur sports commission for the purpose of 31.35 entering into long-term leases, use, or other agreements with 31.36 themetropolitan sports facilities commissionowner or operator 32.1 of the basketball and hockey arena for use of theconduct of32.2amateur sports activities at thebasketball and hockey arena,32.3consistent with the purposes set forth in this chapter,32.4including (1) stimulating and promoting amateur sports, (2)32.5promoting physical fitness by promoting participation in sports,32.6(3) promoting the development of recreational amateur sport32.7opportunities and activities, and (4) promoting local, regional,32.8national, and international amateur sport competitions and32.9events. The metropolitan sports facilities commission may32.10allocate 50 dates a year for the conduct of amateur sports32.11activities at the basketball and hockey arena by the amateur32.12sports commission. At least 12 of the dates must be on a32.13Friday, Saturday, or Sunday. If any amateur sports activities 32.14 conducted by the amateur sports commission at the basketball and 32.15 hockey arena are restricted to participants of one gender, an 32.16 equal number of activities on comparable days of the week must 32.17 be conducted for participants of the other gender, but not 32.18 necessarily in the same year. The legislature reserves the 32.19 right to repeal or amend this appropriation, and does not intend 32.20 this appropriation to create public debt. 32.21 (b) Effective July 1, 1996, the appropriation to the 32.22 amateur sports commission under this section is contingent on 32.23 the owner or operator of the basketball and hockey arena 32.24 agreeing to provide the amateur sports commission, upon request 32.25 of the commission, with at least 25 dates per year at the 32.26 arena. To the extent requested by the commission, at least 12 32.27 of the dates must be on a Friday, Saturday, or Sunday. The 32.28 amateur sports commission may sell a date at the arena to 32.29 another group for any purpose. Revenue from sale of these dates 32.30 is appropriated to the amateur sports commission for purposes 32.31 listed in section 240A.04. For each date provided to the 32.32 commission, the owner or operator of the arena must provide 32.33 heat, lighting, usher services, and other ancillary services 32.34 requested by the commission at no cost to the commission. The 32.35 maximum value of the dates and the ancillary services that the 32.36 owner or operator of the arena must provide to the commission 33.1 under this section is $750,000 per year. 33.2 (c) The books, records, documents, accounting procedures, 33.3 and practices of the metropolitan sports facilities commission, 33.4 the Minneapolis community development agency, and any 33.5 corporation with which the Minnesota amateur sports commission 33.6 may contract for use of the basketball and hockey arena are 33.7 available for review by the Minnesota amateur sports commission, 33.8 the legislative auditor, and the chairs of the state government 33.9 finance divisions of the senate and the house of 33.10 representatives, subject to chapter 13 and section 473.598, 33.11 subdivision 4. 33.12 Sec. 42. [363.065] [ALTERNATIVE DISPUTE RESOLUTION.] 33.13 There shall be, in the department, an alternative dispute 33.14 resolution program to resolve disputes arising under the human 33.15 rights act, with a process to: 33.16 (1) administer the alternative dispute resolution program; 33.17 (2) follow up with parties willing to use alternative 33.18 dispute resolution; 33.19 (3) develop and maintain a panel of mediators and advisors 33.20 and assign them to cases; 33.21 (4) track progress of alternative dispute resolution cases; 33.22 and 33.23 (5) conduct evaluations of the program. 33.24 Sec. 43. Minnesota Statutes 1994, section 363.071, 33.25 subdivision 7, is amended to read: 33.26 Subd. 7. [LITIGATION AND HEARING COSTS.] The 33.27 administrative law judge shall order a respondent who is 33.28 determined to have engaged in an unfair discriminatory practice 33.29 to reimburse the department and the attorney general for all 33.30 appropriate litigation and hearing costs expended in preparing 33.31 for and conducting the hearing, unless payment of the costs 33.32 would impose a financial hardship on the respondent. 33.33 Appropriate costs include but are not limited to the costs of 33.34 services rendered by the attorney general, private attorneys if 33.35 engaged by the department, administrative law judges, court 33.36 reporters, and expert witnesses as well as the costs of 34.1 transcripts and other necessary supplies and materials. 34.2 Money reimbursed to the department of human rights under 34.3 this subdivision must be paid into the state treasury and 34.4 credited to a special revenue account. Money in the account is 34.5 appropriated to the commissioner of human rights to the extent 34.6 the reimbursements were made to cover the department's costs and 34.7 are available for the department's activities in enforcing the 34.8 Minnesota human rights act. 34.9 Sec. 44. Minnesota Statutes 1994, section 423A.02, is 34.10 amended by adding a subdivision to read: 34.11 Subd. 1b. [ADDITIONAL AMORTIZATION STATE AID.] Annually, 34.12 on October 1, the commissioner of revenue shall allocate the 34.13 additional amortization state aid transferred under section 34.14 69.021, subdivision 11, to: 34.15 (1) all police or salaried firefighter relief associations 34.16 governed by and determined by the state auditor to be in full 34.17 compliance with the requirements of section 69.77, that had an 34.18 unfunded actuarial accrued liability in the actuarial valuation 34.19 prepared under sections 356.215 and 356.216 as of the preceding 34.20 December 31; and 34.21 (2) all local police or salaried firefighter consolidation 34.22 accounts governed by chapter 353A that are certified by the 34.23 executive director of the public employees retirement 34.24 association as having for the current fiscal year an additional 34.25 municipal contribution amount under section 353A.09, subdivision 34.26 5, paragraph (b), and that have implemented section 353A.083, 34.27 subdivision 1, if the effective date of the consolidation 34.28 preceded May 24, 1993, and that have implemented section 34.29 353A.083, subdivision 2, if the effective date of the 34.30 consolidation preceded June 1, 1995. 34.31 The commissioner shall allocate the state aid on the basis 34.32 of the proportional share of the relief association or 34.33 consolidation account of the total unfunded actuarial accrued 34.34 liability of all recipient relief associations and consolidation 34.35 accounts as of December 31, 1993, for relief associations, and 34.36 as of June 30, 1994, for consolidation accounts. 35.1 Sec. 45. Laws 1995, chapter 254, article 1, section 11, 35.2 subdivision 8, is amended to read: 35.3 Subd. 8. Public Broadcasting 35.4 3,054,000 3,054,000 35.5 $1,450,000 the first year and 35.6 $1,450,000 the second year are for 35.7 matching grants for public television. 35.8 Public television grant recipients 35.9 shall give special emphasis to 35.10 children's programming. In addition, 35.11 public television grant recipients 35.12 shall promote program and outreach 35.13 initiatives that attempt to reduce 35.14 youth violence in our communities. 35.15 $600,000 the first year and $600,000 35.16 the second year are for public 35.17 television equipment needs. Equipment 35.18 grant allocations shall be made after 35.19 considering the recommendations of the 35.20 Minnesota public television association. 35.21 $320,000 the first year and $320,000 35.22 the second year are for community 35.23 service grants to public educational 35.24 radio stations, which must be allocated 35.25 after considering the recommendations 35.26 of the Association of Minnesota Public 35.27 Educational Radio Stations under 35.28 Minnesota Statutes, section 129D.14. 35.29 $494,000 the first year and $494,000 35.30 the second year are for equipment 35.31 grants to public radio stations. These 35.32 grants must be allocated after 35.33 considering the recommendations of the 35.34 Association of Minnesota Public 35.35 Educational Radio Stations and 35.36 Minnesota Public Radio, Inc. 35.37 $15,000 each year is for a grant to the 35.38 association of Minnesota public 35.39 education radio stations for station 35.40 KMOJ. This money may be used for 35.41 equipment. 35.42 $150,000 the first year and $150,000 35.43 the second year are for grants for 35.44 public information television 35.45 transmission of legislative 35.46 activities. At least one-half must go 35.47 for programming to be broadcast in 35.48 rural Minnesota. 35.49 $25,000 the first year and $25,000 the 35.50 second year are for grants to the Twin 35.51 Cities regional cable channel. 35.52 If an appropriation for either year for 35.53 grants to public television or radio 35.54 stations is not sufficient, the 35.55 appropriation for the other year is 35.56 available for it. 35.57 Sec. 46. [ADDITIONAL MUNICIPAL CERTIFICATION TO ACCOMPANY 35.58 1996 POLICE STATE-AID APPLICATION FORM.] 36.1 In addition to the information required to be provided by 36.2 municipalities and counties in order to receive police state aid 36.3 under Minnesota Statutes, sections 69.011 to 69.051, every 36.4 potential recipient of the 1996 allocation of police state aid 36.5 must additionally certify the following information as a 36.6 condition of receipt of police state aid in 1996: 36.7 (1) number of licensed police officers employed by the 36.8 municipality or county with public employees police and fire 36.9 plan pension coverage during calendar year 1995; 36.10 (2) covered payroll of the employees described in clause 36.11 (1) for calendar year 1995; 36.12 (3) amount of employer contributions to the public 36.13 employees police and fire plan made by the municipality or 36.14 county regarding the employees described in clause (1) for 36.15 calendar year 1995; 36.16 (4) number of firefighters employed by the municipality or 36.17 county with public employees police and fire plan pension 36.18 coverage during calendar year 1995; 36.19 (5) annual covered payroll of the employees described in 36.20 clause (4) for calendar year 1995; and 36.21 (6) amount of employer contributions to the public 36.22 employees police and fire plan made by the municipality or 36.23 county regarding the employees described in clause (4) for 36.24 calendar year 1995. 36.25 Sec. 47. [REPORT ON CERTAIN POLICE STATE-AID REIMBURSEMENT 36.26 PRACTICES.] 36.27 (a) Using the information reported under section 46, the 36.28 commissioner of revenue and the executive director of the public 36.29 employees retirement association jointly shall report, by 36.30 November 1, 1996, to the chair of the legislative commission on 36.31 pensions and retirement on the number of salaried firefighters 36.32 for whom the employer contribution to the public employees 36.33 police and fire plan was reimbursed in 1995 in the police 36.34 state-aid program, the employing units involved, and the amount 36.35 of 1995 police state aid involved for each employing unit. 36.36 (b) With the benefit of the reported information provided 37.1 under paragraph (a), the legislative commission on pensions and 37.2 retirement shall study the issue of the use of police state aid 37.3 to fund the employer contribution to the public employees police 37.4 and fire fund for local government firefighters and shall, by 37.5 March 1, 1997, report the results of its study and any 37.6 recommendations in the form of proposed legislation to the chair 37.7 of the committee on governmental operations of the house of 37.8 representatives, the chair of the committee on ways and means of 37.9 the house of representatives, the chair of the committee on 37.10 governmental operations and veterans of the senate, and the 37.11 chair of the committee on finance of the senate. 37.12 Sec. 48. [STATEWIDE SYSTEMS ACCOUNT.] 37.13 Subdivision 1. [CREATION.] The statewide systems account 37.14 is a separate account in the general fund. All money resulting 37.15 from billings for statewide systems services must be deposited 37.16 in the account. For the purposes of this section, statewide 37.17 systems includes the state accounting system, payroll system, 37.18 human resources system, procurement system, and related 37.19 information access systems. 37.20 Subd. 2. [BILLING PROCEDURES.] The commissioner may bill 37.21 up to $5,000,000 in fiscal year 1997 for statewide systems 37.22 services provided to state agencies, judicial branch agencies, 37.23 the University of Minnesota, the Minnesota state colleges and 37.24 universities, and other entities. Billing must be based on 37.25 usage. Each agency shall, by January 15 of each year, transfer 37.26 from agency operating appropriations to the statewide systems 37.27 account the amount billed by the commissioner. Billing policies 37.28 and procedures related to statewide systems services must be 37.29 developed by the commissioner of finance in consultation with 37.30 the commissioners of employee relations and administration. 37.31 Subd. 3. [APPROPRIATION.] Money transferred into the 37.32 account is appropriated to the commissioner of finance to pay 37.33 for statewide systems services during fiscal year 1997. 37.34 Sec. 49. [STATE-OWNED PASSENGER VEHICLE STUDY.] 37.35 The commissioner of administration shall study and make 37.36 recommendations to the chairs of the house and senate 38.1 governmental operations committees by January 15, 1997, 38.2 regarding strategies to achieve better management control of 38.3 state-owned passenger vehicles. The study and recommendations 38.4 shall specifically address opportunities for further 38.5 consolidating the state's passenger vehicle fleets. 38.6 Sec. 50. [EVALUATION AND REPORT.] 38.7 The environmental quality board, using its existing 38.8 appropriations, shall assess: (1) the compatibility of metal 38.9 materials shredding projects and other industrial uses with 38.10 tourism and other nonindustrial uses of the Mississippi river 38.11 critical area, which has been designated an area of critical 38.12 concern by section 116G.15; and (2) the environmental and public 38.13 health effects of burning coal within or near residential areas 38.14 of large urban centers. The board shall report its findings, 38.15 and any recommendations developed pursuant to these assessments, 38.16 to the legislature by January 1, 1997. 38.17 Sec. 51. [APPROPRIATION.] 38.18 For purposes of section 10, there is appropriated for 38.19 fiscal year 1997 from all direct appropriated nongeneral funds 38.20 an amount sufficient to reimburse the general fund for attorney 38.21 general legal costs attributable to general fund expenditures. 38.22 Sec. 52. [REPEALER.] 38.23 Minnesota Statutes 1995 Supplement, section 353.65, 38.24 subdivision 7, is repealed. 38.25 Sec. 53. [EFFECTIVE DATES.] 38.26 Sections 4 and 5 are effective July 1, 1996, except that 38.27 any provisions appropriating money for fiscal year 1996 are 38.28 effective the day following final enactment. Sections 11 and 12 38.29 are effective the day following final enactment. Section 40 is 38.30 effective July 1, 1996, and applies to bonuses and grants paid 38.31 on or after that date.