HF 3494

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; incorporating Minnesota Milestones goals and
indicators in budget preparation; requiring state agencies with certain information
and telecommunications technology projects to register with the Office of
Enterprise Technology and requiring the office to monitor progress on the
projects; requiring the Office of Enterprise Technology to report to the legislature
regarding its approval process for state agency technology requests and assistance
provided to state agencies in developing agency information systems plans;
providing additional duties for the Sesquicentennial Commission; establishing a
working group; modifying state surplus land procedures; providing up to three
hours of paid leave in any 12-month period for state employees to donate blood;
authorizing employers to provide leave to employees to donate blood; modifying
financial statement requirements for certain charitable organizations; modifying
certain horse racing medication regulations; clarifying definition of gambling
device; repealing a provision relating to manufacture of gambling devices or
components for shipment to other jurisdictions; amending Minnesota Statutes
2006, sections 3.885, by adding a subdivision; 16A.10, subdivision 1c; 16B.281,
subdivision 3; 16B.282; 16B.283; 16B.284; 16B.287, subdivision 2; 16E.01,
subdivision 3; 16E.03, subdivision 1; 16E.04, subdivision 2; 240.24, subdivision
2; 309.53, subdivision 3; 609.75, subdivision 4; Laws 2005, First Special Session
chapter 1, article 4, section 121, subdivision 4, as amended; proposing coding for
new law in Minnesota Statutes, chapters 43A; 181; repealing Minnesota Statutes
2006, sections 16B.281, subdivisions 2, 4, 5; 16B.285; 349.40.

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

ARTICLE 1

STATE GOVERNMENT

Section 1.

Minnesota Statutes 2006, section 3.885, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Subcommittee on Government Accountability. new text end

new text begin The commission must
form a Subcommittee on Government Accountability under section 3.3056 to review
recommendations from the commissioner of finance under section 16A.10, subdivision 1c,
and to review recommendations from the commissioners of finance and administration on
how to improve the use of Minnesota Milestones and other statewide goals and indicators
in state planning and budget documents. The subcommittee shall consider testimony from
representatives from the following organizations and agencies: (1) nonprofit organizations
involved in the preparation of Minnesota Milestones; (2) the University of Minnesota
and other higher education institutions; (3) the Department of Finance and other state
agencies; and (4) other legislators. The subcommittee shall report to the commission by
February 1 of each odd-numbered year with long-range recommendations for the further
implementation and uses of Minnesota Milestones and other government accountability
improvements.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2006, section 16A.10, subdivision 1c, is amended to read:

Subd. 1c.

Performance measures for change items.

For each change item in the
budget proposal requesting new or increased funding, the budget document must present
proposed performance measures that can be used to determine if the new or increased
funding is accomplishing its goals. new text begin To the extent possible, each budget change item
must identify relevant Minnesota Milestones and other statewide goals and indicators
related to the proposed initiative. The commissioner must report to the Subcommittee on
Government Accountability established under section 3.885, subdivision 11, regarding the
format to be used for the presentation and selection of Minnesota Milestones and other
statewide goals and indicators.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2006, section 16B.281, subdivision 3, is amended to read:

Subd. 3.

Notice to agencies; determination of surplus.

deleted text begin On or before October 1 of
each year, the commissioner shall review the certifications of heads of each department or
agency provided for in this section. deleted text end The commissioner new text begin of administration new text end shall send written
notice to all state departments, agencies, and the University of Minnesota describing any
lands or tracts that may be declared surplus. If a department or agency or the University of
Minnesota desires custody of the lands or tracts, it shall submit a written request to the
commissioner, no later than four calendar weeks after mailing of the notice, setting forth
in detail its reasons for desiring to acquire and its intended use of the land or tract. The
commissioner shall then determine whether any of the lands described deleted text begin in the certifications
of the heads of the departments or agencies deleted text end should be declared surplus and offered for
sale or otherwise disposed of by transferring custodial control to other requesting state
departments or agencies or to the Board of Regents of the University of Minnesota for
educational purposes, provided however that transfer to the Board of Regents shall not be
determinative of tax exemption or immunity. If the commissioner determines that any of
the lands are no longer needed for state purposes, the commissioner shall make findings of
fact, describe the lands, declare the lands to be surplus state land, new text begin and new text end state the reasons for
the sale or disposition of the lands deleted text begin , and notify the Executive Council of the determination deleted text end .

Sec. 4.

Minnesota Statutes 2006, section 16B.282, is amended to read:

16B.282 SURVEYS, APPRAISALS, AND SALE.

Subdivision 1.

Appraisal; notice and offer to public bodies.

(a) Before offering
any surplus state-owned lands for sale, the commissioner new text begin of administration new text end may survey the
lands and, if the value of the lands is estimated to be deleted text begin $40,000 deleted text end new text begin $50,000 new text end or less, may have
the lands appraised. The commissioner shall have the lands appraised if the estimated
value is in excess of deleted text begin $40,000 deleted text end new text begin $50,000 new text end .

(b) deleted text begin The appraiser shall, before entering upon the duties of the office, take and
subscribe an oath that the appraiser will faithfully and impartially discharge the duties
of appraiser according to the best of the appraiser's ability and that the appraiser is not
interested, directly or indirectly, in any of the lands to be appraised or the timber or
improvements on the lands or in the purchase of the lands, timber, or improvements
and has entered into no agreement or combination to purchase any of the lands, timber,
or improvements. The oath shall be attached to the appraisal report. deleted text end new text begin Appraisals must
be made by an appraiser that holds a state appraiser license issued by the Department
of Commerce. The appraisal must be in conformity with the Uniform Standards of
Professional Appraisal Practice of the Appraisal Foundation.
new text end

(c) Before offering surplus state-owned lands for public sale, the lands shall first be
offered to the city, county, town, school district, or other public body corporate or politic
in which the lands are situated for public purposes and the lands may be sold for public
purposes for not less than the appraised value of the lands. To determine whether a public
body desires to purchase the surplus land, the commissioner shall give a written notice to
the governing body of each political subdivision whose jurisdictional boundaries include
or are adjacent to the surplus land. If a public body desires to purchase the surplus land,
it shall submit a written offer to the commissioner no later than two weeks after receipt
of notice setting forth in detail its reasons for desiring to acquire and its intended use of
the land. In the event that more than one public body tenders an offer, the commissioner
shall determine which party shall receive the property and shall submit written findings
regarding the decision. If lands are offered for sale for public purposes and if a public
body notifies the commissioner of its desire to acquire the lands, the public body may have
up to two years from the date of the accepted offer to commence payment for the lands
in the manner provided by law.

Subd. 2.

Public sale requirements.

(a) deleted text begin Lands certified as surplus by the head of
a department or agency under section 16B.281 shall be offered for public sale by the
commissioner as provided in this subdivision. deleted text end After complying with subdivision 1 and
before any public sale of surplus state-owned land is made new text begin and at least 30 days before the
sale new text end , the commissioner new text begin of administration new text end shall publish a notice of the sale deleted text begin at least once each
week for four successive weeks in a legal newspaper and also deleted text end in a newspaper of general
distribution in the deleted text begin city or deleted text end county in which the real property to be sold is situated. The notice
shall specify the time and place at which the sale will commence, a general description of
the lots or tracts to be offered, and a general statement of the terms of sale. deleted text begin Each tract or
lot shall be sold separately and shall be sold for no less than its appraised value. deleted text end

(b) new text begin Surplus state-owned land shall be sold for no less than the estimated or appraised
value. The minimum bid may include expenses incurred by the commissioner in rendering
the property saleable, including survey, appraisal, legal, advertising, and other expenses.
new text end

new text begin (c) new text end Parcels remaining unsold after the offering may be sold to anyone agreeing to
pay the appraised value. The sale shall continue until all parcels are sold or until the
commissioner orders a reappraisal or withdraws the remaining parcels from sale.

deleted text begin (c) Except as provided in section 16B.283, the cost of any survey or appraisal as
provided in subdivision 1 shall be added to and made a part of the appraised value of the
lands to be sold, whether to any political subdivision of the state or to a private purchaser
as provided in this subdivision. deleted text end

Sec. 5.

Minnesota Statutes 2006, section 16B.283, is amended to read:

16B.283 TERMS OF PAYMENT.

deleted text begin No less than ten percent of the purchase price shall be paid at the time of sale with
the balance payable according to this section. If the purchase price of any lot or parcel is
$5,000 or less, the balance shall be paid within 90 days of the date of sale. If the purchase
price of any lot or parcel is in excess of $5,000, the balance shall be paid in equal annual
installments for no more than five years, at the option of the purchaser, with principal
and interest payable annually in advance at a rate equal to the rate in effect at the time
under section 549.09 on the unpaid balance, payable to the state treasury on or before
June 1 each year. Any installment of principal or interest may be prepaid. deleted text end new text begin The purchaser
must pay at the time of sale ten percent of the total amount bid and the remainder of the
payment is due within 90 days of the sale date. A person who fails to make final payment
within 90 days of the sale date is in default. On default, all right, title, and interest of
the purchaser or heirs, representatives, or assigns of the purchaser in the premises shall
terminate without the state doing any act or thing. A record of the default must be made in
the state land records of the commissioner. new text end

Sec. 6.

Minnesota Statutes 2006, section 16B.284, is amended to read:

16B.284 deleted text begin CONTRACT FOR DEED AND deleted text end QUITCLAIM DEED.

deleted text begin In the event a purchaser elects to purchase surplus real property on an installment
basis, the commissioner shall enter into a contract for deed with the purchaser, in which
shall be set forth the description of the real property sold and the price of the property,
the consideration paid and to be paid for the property, the rate of interest, and time and
terms of payment. The contract for deed shall be made assignable and shall further set
forth that in case of the nonpayment of the annual principal or interest payment due by the
purchaser, or any person claiming under the purchaser, then the contract for deed, from the
time of the failure, is entirely void and of no effect and the state may be repossessed of the
lot or tract and may resell the lot or tract as provided in sections 16B.281 to 16B.287. In
the event the terms and conditions of a contract for deed are completely fulfilled or if a
purchaser makes a lump-sum payment for the subject property in lieu of entering into a
contract for deed, deleted text end The commissioner new text begin of administration new text end shall sign and cause to be issued a
quitclaim deed on behalf of the state. The quitclaim deed shall be in a form prescribed by
the attorney general and shall vest in the purchaser all of the state's interest in the subject
property except as provided in section 16B.286.

Sec. 7.

Minnesota Statutes 2006, section 16B.287, subdivision 2, is amended to read:

Subd. 2.

Payment of expenses.

A portion of the proceeds from the sale equal in
amount to the survey, appraisal, legal, advertising, and other expenses incurred by the
commissioner new text begin of administration new text end or other state official in rendering the property salable shall
be remitted to the account from which the expenses were paid and are appropriated and
immediately available for expenditure in the same manner as other money in the account.

Sec. 8.

Minnesota Statutes 2006, section 16E.01, subdivision 3, is amended to read:

Subd. 3.

Duties.

(a) The office shall:

(1) manage the efficient and effective use of available federal, state, local, and
public-private resources to develop statewide information and telecommunications
technology systems and services and its infrastructure;

(2) approve state agency and intergovernmental information and telecommunications
technology systems and services development efforts involving state or intergovernmental
funding, including federal funding, provide information to the legislature regarding
projects reviewed, and recommend projects for inclusion in the governor's budget under
section 16A.11;

(3) ensure cooperation and collaboration among state and local governments in
developing intergovernmental information and telecommunications technology systems
and services, and define the structure and responsibilities of a representative governance
structure;

(4) cooperate and collaborate with the legislative and judicial branches in the
development of information and communications systems in those branches;

(5) continue the development of North Star, the state's official comprehensive online
service and information initiative;

(6) promote and collaborate with the state's agencies in the state's transition to an
effectively competitive telecommunications market;

(7) collaborate with entities carrying out education and lifelong learning initiatives
to assist Minnesotans in developing technical literacy and obtaining access to ongoing
learning resources;

(8) promote and coordinate public information access and network initiatives,
consistent with chapter 13, to connect Minnesota's citizens and communities to each
other, to their governments, and to the world;

(9) promote and coordinate electronic commerce initiatives to ensure that Minnesota
businesses and citizens can successfully compete in the global economy;

(10) manage and promote the regular and periodic reinvestment in the information
and telecommunications technology systems and services infrastructure so that state and
local government agencies can effectively and efficiently serve their customers;

(11) facilitate the cooperative development of and ensure compliance with standards
and policies for information and telecommunications technology systems and services,
electronic data practices and privacy, and electronic commerce among international,
national, state, and local public and private organizations;

(12) eliminate unnecessary duplication of existing information and
telecommunications technology systems and services provided by other public and private
organizations while building on the existing governmental, educational, business, health
care, and economic development infrastructures;

(13) identify, sponsor, develop, and execute shared information and
telecommunications technology projects and ongoing operations; and

(14) ensure overall security of the state's information and technology systems and
services.

(b) The chief information officer new text begin , new text end in consultation with the commissioner of
finance new text begin , new text end must determine when it is cost-effective for agencies to develop and use shared
information and telecommunications technology systems and services for the delivery of
electronic government services. The chief information officer may require agencies to
use shared information and telecommunications technology systems and services. The
chief information officer shall establish reimbursement rates in cooperation with the
commissioner of finance to be billed to agencies and other governmental entities sufficient
to cover the actual development, operating, maintenance, and administrative costs of
the shared systems. The methodology for billing may include the use of interagency
agreements, or other means as allowed by law.

new text begin (c) A state agency that has an information and telecommunications technology
project with a total expected project cost of more than $1,000,000, whether funded as part
of the biennial budget or by any other means, shall register with the office by submitting
basic project startup documentation, as specified by the chief information officer in both
format and content, before any project funding is requested or committed and before
the project commences. State agency project leaders must demonstrate that the project
will be properly managed, provide updates to the project documentation as changes are
proposed, and regularly report on the current status of the project on a schedule agreed to
with the chief information officer.
new text end

new text begin (d) The chief information officer shall monitor progress on any active information
and telecommunications technology project with a total expected project cost of more than
$5,000,000 and report on the performance of the project in comparison with the plans for
the project in terms of time, scope, and budget. The chief information officer may conduct
an independent project audit of the project. The audit analysis and evaluation of the
projects subject to paragraph (c) must be presented to agency executive sponsors, the
project governance bodies, and the chief information officer. All reports and responses
must become part of the project record.
new text end

new text begin (e) For any active information and telecommunications technology project with a
total expected project cost of more than $10,000,000, the state agency must perform an
annual independent audit that conforms to published project audit principles promulgated
by the office.
new text end

new text begin (f) The chief information officer shall report by January 15 of each year to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over the office regarding projects the office has reviewed under paragraph (a),
clause (2). The report must include the reasons for the determinations made in the review
of each project and a description of its current status.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

Minnesota Statutes 2006, section 16E.03, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purposes of chapter 16E, the following terms
have the meanings given them.

(a) "Information and telecommunications technology systems and services" means
all computing and telecommunications hardware and software, the activities undertaken
to secure that hardware and software, and the activities undertaken to acquire, transport,
process, analyze, store, and disseminate information electronically. "Information and
telecommunications technology systems and services" includes all proposed expenditures
for computing and telecommunications hardware and software, security for that hardware
and software, and related consulting or other professional services.

(b) "Information and telecommunications technology project" means an effort to
acquire or produce information and telecommunications technology systems and services.

(c) "Telecommunications" means voice, video, and data electronic transmissions
transported by wire, wireless, fiber-optic, radio, or other available transport technology.

(d) "Cyber security" means the protection of data and systems in networks connected
to the Internet.

(e) "State agency" means an agency in the executive branch of state government and
includes the Minnesota Office of Higher Education, but does not include the Minnesota
State Colleges and Universities unless specifically provided elsewhere in this chapter.

new text begin (f) "Total expected project cost" includes direct staff costs, all supplemental contract
staff and vendor costs, and costs of hardware and software development or purchase.
Breaking a project into several phases does not affect the cost threshold, which must be
computed based on the full cost of all phases.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

Minnesota Statutes 2006, section 16E.04, subdivision 2, is amended to read:

Subd. 2.

Responsibilities.

(a) In addition to other activities prescribed by law, the
office shall carry out the duties set out in this subdivision.

(b) The office shall develop and establish a state information architecture to ensure
that state agency development and purchase of information and communications systems,
equipment, and services is designed to ensure that individual agency information systems
complement and do not needlessly duplicate or conflict with the systems of other agencies.
When state agencies have need for the same or similar public data, the chief information
officer, in coordination with the affected agencies, shall manage the most efficient and
cost-effective method of producing and storing data for or sharing data between those
agencies. The development of this information architecture must include the establishment
of standards and guidelines to be followed by state agencies. The office shall ensure
compliance with the architecture.

(c) The office shall assist state agencies in the planning and management of
information systems so that an individual information system reflects and supports the
state agency's mission and the state's requirements and functions. The office shall review
and approve agency technology plans to ensure consistency with enterprise information
and telecommunications technology strategy. new text begin By January 15 of each year, the chief
information officer must report to the chairs and the ranking minority members of
the legislative committees and divisions with jurisdiction over the office regarding the
assistance provided under this paragraph. The report must include a listing of agencies
that have developed or are developing plans under this paragraph.
new text end

(d) The office shall review and approve agency requests for funding for the
development or purchase of information systems equipment or software before the
requests may be included in the governor's budget.

(e) The office shall review major purchases of information systems equipment to:

(1) ensure that the equipment follows the standards and guidelines of the state
information architecture;

(2) ensure the agency's proposed purchase reflects a cost-effective policy regarding
volume purchasing; and

(3) ensure that the equipment is consistent with other systems in other state agencies
so that data can be shared among agencies, unless the office determines that the agency
purchasing the equipment has special needs justifying the inconsistency.

(f) The office shall review the operation of information systems by state agencies
and ensure that these systems are operated efficiently and securely and continually meet
the standards and guidelines established by the office. The standards and guidelines must
emphasize uniformity that is cost-effective for the enterprise, that encourages information
interchange, open systems environments, and portability of information whenever
practicable and consistent with an agency's authority and chapter 13.

(g) The office shall conduct a comprehensive review at least every three years of
the information systems investments that have been made by state agencies and higher
education institutions. The review must include recommendations on any information
systems applications that could be provided in a more cost-beneficial manner by an outside
source. The office must report the results of its review to the legislature and the governor.

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

new text begin [43A.187] BLOOD DONATION LEAVE.
new text end

new text begin A state employee must be granted leave from work with 100 percent of pay to donate
blood at a location away from the place of work. The total amount of leave used under this
paragraph may not exceed three hours in a 12-month period, and must be determined by
the employee. A state employee seeking leave from work under this section must provide
14 days' notice to the appointing authority. This leave must not affect the employee's
vacation leave, pension, compensatory time, personal vacation days, sick leave, earned
overtime accumulation, or cause a loss of seniority. For the purposes of this section, "state
employee" does not include an employee of the Minnesota State Colleges and Universities.
new text end

Sec. 12.

new text begin [181.9458] AUTHORIZATION FOR BLOOD DONATION LEAVE.
new text end

new text begin An employer may grant paid leave from work to an employee to allow the employee
to donate blood.
new text end

Sec. 13.

Minnesota Statutes 2006, section 309.53, subdivision 3, is amended to read:

Subd. 3.

Financial statement requirements.

The financial statement shall include
a balance sheet, statement of income and expense, and statement of functional expenses,
shall be consistent with forms furnished by the attorney general, and shall be prepared in
accordance with generally accepted accounting principles so as to make a full disclosure
of the following, including necessary allocations between each item and the basis of
such allocations:

(a) total receipts and total income from all sources;

(b) cost of management and general;

(c) program services;

(d) cost of fund-raising;

(e) cost of public education;

(f) funds or properties transferred out of state, with explanation as to recipient and
purpose;

(g) total net amount disbursed or dedicated within this state, broken down into total
amounts disbursed or dedicated for each major purpose, charitable or otherwise;

(h) names of professional fund-raisers used during the accounting year and the
financial compensation and profit resulting to each professional fund-raiser; and

(i) a list of the five highest paid directors, officers, and employees of the organization
and its related organizations, as that term is defined by section 317A.011, subdivision 18,
that receive total compensation of more than $50,000, together with the total compensation
paid to each. Total compensation shall include salaries, fees, bonuses, fringe benefits,
severance payments, and deferred compensation paid by the charitable organization and
all related organizations as that term is defined by section 317A.011, subdivision 18.

Unless otherwise required by this subdivision, the financial statement need not be
certified.

A financial statement of a charitable organization which has received total revenue
in excess of $350,000 for the 12 months of operation covered by the statement shall be
accompanied by an audited financial statement prepared in accordance with generally
accepted accounting principles that has been examined by an independent certified public
accountant for the purpose of expressing an opinion. In preparing the audit the certified
public accountant shall take into consideration capital, endowment or other reserve funds,
if any, controlled by the charitable organization. new text begin For purposes of calculating the $350,000
total revenue threshold provided by this subdivision, the value of donated food to a
nonprofit food shelf may not be included if the food is donated for subsequent distribution
at no charge, and not for resale.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to any financial statement that is required to be filed under this section after
May 14, 2008.
new text end

Sec. 14.

Laws 2005, First Special Session chapter 1, article 4, section 121, subdivision
4, as amended by Laws 2007, chapter 29, section 1, subdivision 4, is amended to read:

Subd. 4.

Duties.

The commission shall have the following duties:

(1) to present to the governor and legislature a plan for grants to pay for capital
improvements on Minnesota's historic public and private buildings, to be known as
sesquicentennial grants;

(2) to seek funding for activities to celebrate the 150th anniversary of statehood, and
to form partnerships with private parties to further this mission;

(3) to present an annual report to the governor and legislature outlining progress
made towards the celebration of the sesquicentennial; deleted text begin and deleted text end

(4) to encourage all activities celebrating the sesquicentennial to be as energy
efficient as practicable new text begin ; and
new text end

new text begin (5) to use the results of the Sesquicentennial Plan for Our Future project to help
provide feedback on the selection and use of Minnesota Milestones goals and indicators new text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 15. new text begin WORKING GROUP FOR MINNESOTA MILESTONES PROCESS
AND INDICATORS.
new text end

new text begin By September 1, 2008, the commissioner of administration shall convene a working
group of state agency staff, legislative staff, and other interested parties to assist in the
use of Minnesota Milestones as required under Minnesota Statutes, section 16A.10,
subdivision 1c. The working group shall consider collaborative opportunities with
community organizations and higher education institutions. The working group expires on
February 27, 2009.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 16. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 16B.281, subdivisions 2, 4, and 5; and 16B.285, new text end new text begin
are repealed.
new text end

ARTICLE 2

LAWFUL GAMBLING

Section 1.

Minnesota Statutes 2006, section 240.24, subdivision 2, is amended to read:

Subd. 2.

Exception.

Notwithstanding subdivision 1, the commission by rule shall
allow the use of: (1) topical external applications that do not contain anesthetics or
steroids; (2) food additives; (3) Furosemide or other pulmonary hemostatic agents if the
agents are administered under the visual supervision of the veterinarian or a designee of the
veterinarian employed by the commission; deleted text begin and deleted text end (4) nonsteroidal anti-inflammatory drugs,
provided that the test sample does not contain more than five micrograms of the substance
or metabolites thereof per milliliter of blood plasma new text begin ; and (5) medications and their
metabolites, provided their use thereof does not exceed regulatory threshold concentrations
set by rule by the commission new text end . For purposes of this clause, "test sample" means any bodily
substance including blood, urine, saliva, or other substance as directed by the commission,
taken from a horse under the supervision of the commission veterinarian and in such
manner as prescribed by the commission for the purpose of analysis.

Sec. 2.

Minnesota Statutes 2006, section 609.75, subdivision 4, is amended to read:

Subd. 4.

Gambling device.

A gambling device is a contrivance new text begin the purpose of
new text end which new text begin is that new text end for a consideration deleted text begin affords the deleted text end new text begin a new text end player new text begin is afforded new text end an opportunity to obtain
something of value, other than free plays, automatically from the machine or otherwise,
the award of which is determined principally by chance new text begin , whether or not the contrivance is
actually played new text end . "Gambling device" also includes a video game of chance, as defined in
subdivision 8.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 349.40, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

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