1.2relating to state government; modifying appropriations in Laws 2007, chapter
1.3148, article 1; establishing a budget reserve escrow account for Republican
1.4National Convention; changing salary and compensation plan for certain
1.5employees of the legislative auditor; waving a reinstatement fee for certain
1.6businesses or organizations of returning combat veterans; changing a provision in
1.7the gift ban; establishing a data match system; prohibiting the misidentification of
1.8a state agency on printed material; changing provisions for sale of surplus lands;
1.9establishing standards for state-funded outdoor lighting fixtures; designating
1.10certain veterans majority-owned businesses as targeted group businesses;
1.11requiring state agencies with technology projects over a certain amount to
1.12submit project start-up documentation; requiring state agencies to develop a
1.13strategic technology plan; allowing personal leave to care for significant other;
1.14establishing leaves for blood donation; reducing some managerial positions;
1.15allowing the Minneapolis Park and Recreation Board to retain proceeds in certain
1.16condemnation proceedings; providing payment for legislators' forum; requiring a
1.17study by the Legislative Coordinating Commission; extending temporary hours
1.18of sale for liquor; changing provisions for military affairs; eliminating a sunset
1.19provision; providing a study of the starbase program; changing provisions for
1.20executive branch compensation; appropriating money;amending Minnesota
1.21Statutes 2006, sections 3.855, subdivision 3; 3.971, subdivision 2; 10A.071,
1.22subdivision 3; 15A.081, subdivision 8; 15A.0815; 16A.133, subdivision 1;
1.2316B.281, subdivision 3; 16B.282; 16B.283; 16B.284; 16B.287, subdivision
1.242; 16C.16, subdivision 5; 16E.01, subdivision 3; 16E.03, subdivision 1;
1.2516E.04, subdivision 2; 43A.01, subdivision 3; 43A.17, subdivision 9; 119A.03,
1.26subdivision 1; 124D.385, subdivision 4; 190.19, subdivision 1; 192.501, by
1.27adding subdivisions; 197.585, subdivision 5; 349A.02, subdivision 1; Minnesota
1.28Statutes 2007 Supplement, sections 16B.328, by adding a subdivision; 190.19,
1.29subdivision 2; 216C.052, subdivision 2; Laws 2006, chapter 282, article 2,
1.30section 27, subdivision 4; Laws 2007, chapter 148, article 1, sections 7; 12,
1.31subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 5;
1.3213B; 16A; 43A; 192; repealing Minnesota Statutes 2006, sections 16B.281,
1.33subdivisions 2, 4, 5; 16B.285; 645.44, subdivision 19.
1.34BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.2GENERAL APPROPRIATIONS
2.3
|
Section 1. SUMMARY OF APPROPRIATIONS.
|
2.4 The sums shown in the columns marked "Appropriations" are added to or, if shown
2.5in parentheses, subtracted from the appropriations in Laws 2007, chapter 148, article 1, to
2.6the agencies and for the purposes specified in this act. The appropriations are from the
2.7general fund or another named fund and are available for the fiscal years indicated for
2.8each purpose. The figures "2008" and "2009" used in this act mean that the addition to
2.9or subtraction from the appropriation listed under them is available for the fiscal year
2.10ending June 30, 2008, or June 30, 2009, respectively. Supplemental appropriations and
2.11reductions to appropriations for the fiscal year ending June 30, 2008, are effective the
2.12day following final enactment.
2.13
|
|
|
|
APPROPRIATIONS
|
2.14
|
|
|
|
Available for the Year
|
2.15
|
|
|
|
Ending June 30
|
2.16
|
|
|
|
|
2008
|
|
2009
|
2.17
|
Sec. 2. LEGISLATURE
|
$
|
|
$
|
(1,662,000)
|
2.18
|
Subdivision 1.Senate
|
|
|
|
(710,000)
|
2.19The base budget for the senate shall
2.20be $22,724,000 in fiscal year 2010 and
2.21$22,724,000 in fiscal year 2011.
2.22
|
Subd. 2.House of Representatives
|
|
|
|
(952,000)
|
2.23The base budget for the house of
2.24representatives shall be $30,551,000 in fiscal
2.25year 2010 and $30,551,000 in fiscal year
2.262011.
2.27
|
Sec. 3. GOVERNOR
|
$
|
|
$
|
(113,000)
|
2.28
|
Sec. 4. STATE AUDITOR
|
$
|
|
$
|
(42,000)
|
2.29
|
Sec. 5. ATTORNEY GENERAL
|
$
|
|
$
|
(749,000)
|
2.30
|
Sec. 6. SECRETARY OF STATE
|
$
|
|
$
|
(195,000)
|
3.1The base budget for the secretary of state
3.2shall be $6,134,000 in fiscal year 2010 and
3.3$6,301,000 in fiscal year 2011.
3.4
3.5
|
Sec. 7. OFFICE OF ENTERPRISE
TECHNOLOGY
|
$
|
|
$
|
(157,000)
|
3.6The base budget for the Office of Enterprise
3.7Technology shall be $6,202,000 in fiscal year
3.82010 and $6,202,000 in fiscal year 2011.
3.9
|
Sec. 8. ADMINISTRATION
|
$
|
|
$
|
(1,039,000)
|
3.10(a) $885,000 of the reduction in this section
3.11is from the appropriation for Department of
3.12Public Safety relocation expenses.
3.13(b) The reduction in this section must not be
3.14applied to the Land Management Information
3.15Center or the Environmental Quality Board.
3.16(c) $2,000,000 of the balance in the facilities
3.17repair and replacement account in the special
3.18revenue fund is cancelled to the general
3.19fund. This amount is in addition to amounts
3.20transferred under Minnesota Statutes, section
3.2116B.24, subdivision 5, paragraph (d).
3.22
|
Sec. 9. FINANCE
|
$
|
|
$
|
(312,000)
|
3.23
|
Subdivision 1.State Financial Management
|
|
|
|
(178,000)
|
3.24
3.25
|
Subd. 2.Information and Management
Services
|
|
|
|
(134,000)
|
3.26After the Departments of Finance and
3.27Employee Relations merge as directed in
3.28Laws 2007, chapter 148, article 2, section 80,
3.29the commissioner of finance may reallocate
3.30fiscal year 2009 general fund appropriation
3.31reductions between programs within the
3.32merged agency. Any reallocation of funds
3.33shall be shown in the program appropriations
4.1base for fiscal years 2010 and 2011 according
4.2to Minnesota Statutes, section 16A.11,
4.3subdivision 3, paragraph (b).
4.4
|
Sec. 10. EMPLOYEE RELATIONS
|
$
|
|
$
|
(109,000)
|
4.5The base budget for employee relations
4.6shall be $5,350,000 in fiscal year 2010 and
4.7$5,350,000 in fiscal year 2011 to reflect the
4.8reduction and a transfer to the Department of
4.9Health for the merger in Laws 2007, chapter
4.10148, article 2, section 80.
4.11
|
Sec. 11. REVENUE
|
$
|
|
$
|
1,361,000
|
4.12
|
Subdivision 1.Tax Compliance; Appropriation
|
|
|
|
|
4.13(a) The commissioner of revenue shall
4.14undertake expanded tax compliance and
4.15collection activities sufficient to collect
4.16$6,723,000 in revenue for the general fund
4.17for fiscal year 2009 in excess of the sum of:
4.18(1) the amount forecast to be collected by the
4.19commissioner of finance for that fiscal year
4.20in the February 2008 forecast; and
4.21(2) the appropriation under paragraph (c).
4.22(b) The commissioner shall periodically
4.23report to the chairs of committees of the
4.24house of representative and senate with
4.25jurisdiction over taxation or state government
4.26operations on the measures undertaken
4.27under this section. The commissioner
4.28may make recommendations to the 2009
4.29legislature for changes in the law to
4.30improve compliance with the tax law,
4.31such as expanded information reporting or
4.32withholding requirements that would permit
4.33the commissioner to satisfy the requirements
5.1of this section in the most cost effective and
5.2reasonable manner possible.
5.3(c) $2,241,000 is appropriated from the
5.4general fund for fiscal year 2009 to the
5.5commissioner of revenue to finance the
5.6activities authorized by this section.
5.7(d) The commissioner must maximize the
5.8use of telecommuting by employees when
5.9implementing any tax compliance and
5.10collection activities.
5.11
5.12
5.13
|
Subd. 2.Appropriation to the Commissioner
of Revenue; Financial Institution Data Match
and Payment of Fees and Administrative Costs
|
|
|
|
|
5.14$250,000 is appropriated annually from the
5.15general fund to the commissioner of revenue
5.16to make payments to financial institutions
5.17in exchange for performing data matches
5.18between account information held by
5.19financial institutions and the commissioner's
5.20database of tax debtors as authorized
5.21by Minnesota Statutes, section 13B.07,
5.22subdivision 7. $110,000 is appropriated
5.23annually from the general fund to the
5.24commissioner of revenue for the costs of
5.25administering the data match system under
5.26Minnesota Statutes, section 13B.07.
5.27
5.28
|
Subd. 3.Appropriation to the Commissioner of
Finance; 2008 Budget Reserve Escrow Account
|
|
|
|
|
5.29$14,000,000 is appropriated from the budget
5.30reserve to the commissioner of finance and
5.31shall be placed in the budget reserve escrow
5.32account. The commissioner of finance may
5.33use this appropriation to support a guarantee
5.34by the state of Minnesota that private money
5.35will be raised to pay the Minneapolis-St. Paul
5.36Host Committee's share of expenses for the
6.12008 Republican National Convention in St.
6.2Paul. The terms of the state guarantee will be
6.3negotiated by the commissioner of finance.
6.4Any money advanced to the Host Committee
6.5under the state guarantee must be repaid by
6.6the Host Committee to the commissioner
6.7of finance no later than June 30, 2009, and
6.8deposited in the budget reserve fund. Any
6.9unspent portion of the appropriation cancels
6.10to the budget reserve on June 30, 2009.
6.11 Sec. 12. Minnesota Statutes 2006, section 3.855, subdivision 3, is amended to read:
6.12 Subd. 3.
Other salaries and compensation plans. The commission shall also:
6.13 (1) review and approve, reject, or modify a plan for compensation and terms and
6.14conditions of employment prepared and submitted by the commissioner of employee
6.15relations under section
43A.18, subdivision 2, covering all state employees who are not
6.16represented by an exclusive bargaining representative and whose compensation is not
6.17provided for by chapter 43A or other law;
6.18 (2) review and approve, reject, or modify a plan for total compensation and terms
6.19and conditions of employment for employees in positions identified as being managerial
6.20under section
43A.18, subdivision 3, whose salaries and benefits are not otherwise
6.21provided for in law or other plans established under chapter 43A;
6.22 (3) review and approve, reject, or modify recommendations for salaries submitted
6.23by the governor or other appointing authority under section
15A.0815, subdivision 5,
6.24covering agency head positions listed in section
15A.0815;
6.25 (4) review and approve, reject, or modify recommendations for salaries of officials
6.26of higher education systems under section
15A.081, subdivisions 7b and 7c;
and
6.27 (5) review and approve, reject, or modify plans for compensation, terms, and
6.28conditions of employment proposed under section
43A.18, subdivisions 3a and 4; and
6.29 (6) review and approve, reject, or modify the plan for compensation, terms, and
6.30conditions of employment of classified employees in the office of the legislative auditor
6.31under section 3.971, subdivision 2.
6.32EFFECTIVE DATE.This section is effective January 1, 2009.
6.33 Sec. 13. Minnesota Statutes 2006, section 3.971, subdivision 2, is amended to read:
7.1 Subd. 2.
Staff; compensation. The legislative auditor shall establish a Financial
7.2Audits Division and a Program Evaluation Division to fulfill the duties prescribed in this
7.3section. Each division may be supervised by a deputy auditor, appointed by the legislative
7.4auditor, with the approval of the commission, for a term coterminous with the legislative
7.5auditor's term. The deputy auditors may be removed before the expiration of their terms
7.6only for cause. The legislative auditor and deputy auditors may each appoint a confidential
7.7secretary to serve at pleasure. The salaries and benefits of the legislative auditor,
7.8deputy auditors and confidential secretaries shall be determined by the compensation
7.9plan approved by the Legislative Coordinating Commission. The deputy auditors may
7.10perform and exercise the powers, duties and responsibilities imposed by law on the
7.11legislative auditor when authorized by the legislative auditor. The deputy auditors and the
7.12confidential secretaries serve in the unclassified civil service, but all other employees of
7.13the legislative auditor are in the classified civil service.
Compensation for employees of
7.14the legislative auditor in the classified service shall be governed by a plan prepared by
7.15the legislative auditor and approved by the Legislative Coordinating Commission and
7.16the legislature under section 3.855. While in office, a person appointed deputy for the
7.17Financial Audit Division must hold an active license as a certified public accountant.
7.18EFFECTIVE DATE.This section is effective January 1, 2009. Classified
7.19employees of the legislative auditor retain compensation provided on December 31, 2008,
7.20until a new compensation plan is adopted under section 12.
7.21 Sec. 14.
[5.33] RETURNING COMBAT VETERANS.
7.22 If any Minnesota business or nonprofit corporation, limited liability company,
7.23cooperative, limited partnership, or limited liability partnership has been administratively
7.24or statutorily dissolved, revoked, or terminated after December 31, 2006, for failure to file
7.25an annual or periodic report with the Office of the Secretary of State during a calendar
7.26year when an individual with substantial responsibility for the operation of the dissolved,
7.27revoked, or terminated business or nonprofit corporation, limited liability company,
7.28cooperative, limited partnership, or limited liability partnership was serving in active
7.29military service in the armed forces of the United States, including the reserves or National
7.30Guard, as defined in section 190.05, subdivision 5b or 5c, or was engaged in employment
7.31outside of the United States essential to the prosecution of a war or to the national defense,
7.32as designated by the United States Congress or the United States Department of Defense,
7.33the secretary of state shall waive any reinstatement fee otherwise required by law.
7.34EFFECTIVE DATE.This section is effective the day following final enactment.
8.1 Sec. 15. Minnesota Statutes 2006, section 10A.071, subdivision 3, is amended to read:
8.2 Subd. 3.
Exceptions. (a) The prohibitions in this section do not apply if the gift is:
8.3 (1) a contribution as defined in section
10A.01, subdivision 11;
8.4 (2) services to assist an official in the performance of official duties, including
8.5but not limited to providing advice, consultation, information, and communication in
8.6connection with legislation, and services to constituents;
8.7 (3) services of insignificant monetary value;
8.8 (4) a plaque or similar memento
recognizing individual services in a field of
8.9specialty or to a charitable cause;
8.10 (5) a trinket or memento costing $5 or less
or resale value;
8.11 (6) informational material of unexceptional value; or
8.12 (7) food or a beverage given at a reception, meal, or meeting away from the
8.13recipient's place of work by an organization before whom the recipient appears to make a
8.14speech or answer questions as part of a program.
8.15 (b) The prohibitions in this section do not apply if the gift is given:
8.16 (1) because of the recipient's membership in a group, a majority of whose members
8.17are not officials, and an equivalent gift is given to the other members of the group; or
8.18 (2) by a lobbyist or principal who is a member of the family of the recipient, unless
8.19the gift is given on behalf of someone who is not a member of that family.
8.20 Sec. 16.
[13B.07] TAX DEBTOR DATA MATCHES.
8.21 Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
8.22 (a) "Account" means demand deposit account, checking account, negotiable order of
8.23withdrawal account, savings account, time deposit account, money market mutual fund
8.24account, or certificate of deposit account, and any funds or property held by a financial
8.25institution, as defined in paragraph (e).
8.26 (b) "Account information" means the type of account, the account number, whether
8.27the account is singly or jointly owned, and in the case of jointly owned accounts the name
8.28and address of the nondebtor account owner if available.
8.29 (c) "Commissioner" means the commissioner of revenue.
8.30 (d) "Debtor" means a person whose property is subject to a tax lien and a notice of
8.31lien has been filed by the commissioner as provided by section 270C.63, subdivision 2.
8.32 (e) "Financial institution" means any of the following that do business in this state:
8.33 (1) federal or state commercial banks and federal or state savings banks, including
8.34savings and loan associations and cooperative banks;
8.35 (2) federal and state chartered credit unions;
9.1 (3) benefit associations;
9.2 (4) life insurance companies;
9.3 (5) safe deposit companies;
9.4 (6) money market mutual funds; or
9.5 (7) a similar entity that holds property or maintains accounts reflecting property
9.6belonging to others.
9.7 (f) "Person" means a person as defined in section 270C.01, subdivision 6.
9.8 Subd. 2. Data match system established. The commissioner shall establish a
9.9process for the comparison of account information data held by financial institutions with
9.10the Department of Revenue's database of debtors. The commissioner shall inform the
9.11financial industry of the requirements of this section and the means by which financial
9.12institutions can comply.
9.13 Subd. 3. Duty to provide data. Within 30 days of a request by the commissioner,
9.14a financial institution shall provide to the commissioner the name, address, and account
9.15information for each debtor who maintains an account at the financial institution. The
9.16commissioner may request from a financial institution the data concerning any debtor
9.17not more than four times a year.
9.18 Subd. 4. Method to provide data. The commissioner must provide an electronic
9.19list of debtors to the financial institution that includes debtors' name, address, and if an
9.20individual, the last four digits of the Social Security number. The financial institution must
9.21compare that data to the data maintained at the financial institution to identify which of the
9.22listed debtors maintains an account at the financial institution.
9.23 Subd. 5. Means to provide data. A financial institution must provide the required
9.24data in encrypted form by secure electronic means authorized by the commissioner.
9.25 Subd. 6. Access to data. (a) With regard to data on debtors provided by the
9.26commissioner to a financial institution under subdivision 4, the financial institution shall
9.27retain the reported information only until the financial institution's database is compared
9.28against the commissioner's database. Data that does not pertain to an account holder at
9.29the financial institution must be immediately destroyed, and no retention or publication
9.30of that data shall be made by the financial institution. None of the data provided by the
9.31commissioner may be used for solicitation or other commercial purposes by the financial
9.32institutions or other commercial entities.
9.33 (b) All account information provided by a financial institution that pertains to a
9.34debtor listed in the commissioner's database must be incorporated into the commissioner's
9.35database. Access to that data is governed by chapters 13 and 270B. Notwithstanding
9.36section 16D.06, data collected pursuant to this section is available for the collection of
10.1delinquent taxes only and is not available for other debt collection activities undertaken by
10.2the state.
10.3 Subd. 7. Fees. A financial institution may charge and collect a fee from the
10.4commissioner for providing account information to the commissioner. The commissioner
10.5may pay a financial institution up to $150 each quarter. The commissioner shall develop
10.6procedures for the financial institutions to charge and collect the fee. Payment of the fee
10.7is limited by the amount of the appropriation for this purpose. If the appropriation is
10.8insufficient, or if fund availability in the fourth quarter would allow payments for actual
10.9costs in excess of $150, the commissioner shall prorate the available funds among the
10.10financial institutions that have submitted a claim for the fee. No financial institution shall
10.11charge or collect a fee that exceeds its actual costs of complying with this section.
10.12 Subd. 8. Failure to respond to request for information. The commissioner shall
10.13send a written notice of noncompliance to a financial institution that fails to respond to a
10.14first written request for information under this section. The notice must be sent by certified
10.15mail and must explain the requirements of this section and advise the financial institution
10.16of the penalty for noncompliance. A financial institution that receives a second notice of
10.17noncompliance is subject to a civil penalty of $1,000 for its failure to comply. A financial
10.18institution that continues to fail to comply with this section is subject to a civil penalty of
10.19$5,000 for the third and each subsequent failure to comply. These penalties are imposed
10.20and collected under section 270C.33, subdivision 4, paragraph (a), clause (5).
10.21 Subd. 9. Confidentiality. A financial institution furnishing a report to the
10.22commissioner under this section is prohibited from disclosing to a debtor that the name of
10.23the debtor has been received from or furnished to the commissioner.
10.24 Subd. 10. Immunity. A financial institution that provides or reasonably attempts to
10.25provide information to the commissioner in compliance with this section is not liable to
10.26any person for disclosing the information or for taking any other action in good faith as
10.27authorized by this section.
10.28 Subd. 11. Civil action for unauthorized disclosure by financial institution. (a)
10.29An account holder may bring a civil action in district court against a financial institution
10.30for unauthorized disclosure of data received from the commissioner under subdivision 4.
10.31A financial institution found to have violated this subdivision shall be liable as provided in
10.32paragraph (b) or (c).
10.33 (b) Any financial institution that willfully and maliciously discloses data received
10.34from the commissioner under subdivision 4 is liable to that account holder in an amount
10.35equal to the sum of:
11.1 (1) any actual damages sustained by the account holder as a result of the disclosure;
11.2and
11.3 (2) in the case of any successful action to enforce any liability under this subdivision,
11.4the costs of the action taken plus reasonable attorney fees as determined by the court.
11.5 (c) Any financial institution that negligently discloses data received from the
11.6commissioner under subdivision 4 is liable to that account holder in an amount equal to
11.7any actual damages sustained by the account holder as a result of the disclosure.
11.8 (d) A financial institution shall not be held liable in any action brought under this
11.9subdivision if the financial institution shows, by a preponderance of evidence, that the
11.10disclosure was not intentional and resulted from a bona fide error notwithstanding the
11.11maintenance of procedures reasonably adopted to avoid any error.
11.12EFFECTIVE DATE.This section is effective July 1, 2008.
11.13 Sec. 17. Minnesota Statutes 2006, section 16A.133, subdivision 1, is amended to read:
11.14 Subdivision 1.
Payroll direct deposit and deductions. An agency head in the
11.15executive, judicial, and legislative branch shall, upon written request signed by an
11.16employee, directly deposit all or part of an employee's pay to those credit unions or
11.17financial institutions, as defined in section
47.015, designated by the employee.
11.18 An agency head
in any branch may, upon written request of an employee, deduct
11.19from the pay of the employee a requested amount to be paid to the Minnesota Benefit
11.20Association,
or to any organization contemplated by section
179A.06, of which the
11.21employee is a member
, or to a political action committee covered under a collective
11.22bargaining agreement. If an employee has more than one account with the Minnesota
11.23Benefit Association or more than one organization under section
179A.06, only the
11.24Minnesota Benefit Association
and, one organization, as defined under section
179A.06,
11.25and one political action committee may be paid money by payroll deduction from the
11.26employee's pay.
11.27 Sec. 18.
[16A.1395] USE OF STATE FUNDS TO MISIDENTIFY AN AGENCY
11.28PROHIBITED.
11.29 A state appropriation may not be used to identify an executive branch state agency by
11.30a name other than the name assigned to it by law. It is a misuse of state funds for the head
11.31of an executive branch state agency to use state funds to print agency stationery or other
11.32official materials that identify the agency with a name other than the name assigned by law.
11.33 Sec. 19. Minnesota Statutes 2006, section 16B.281, subdivision 3, is amended to read:
12.1 Subd. 3.
Notice to agencies; determination of surplus. On or before October 1 of
12.2each year, the commissioner shall review the certifications of heads of each department or
12.3agency provided for in this section. The commissioner
of administration shall send written
12.4notice to all state departments, agencies, and the University of Minnesota describing any
12.5lands or tracts that may be declared surplus. If a department or agency or the University of
12.6Minnesota desires custody of the lands or tracts, it shall submit a written request to the
12.7commissioner, no later than four calendar weeks after mailing of the notice, setting forth
12.8in detail its reasons for desiring to acquire and its intended use of the land or tract. The
12.9commissioner shall then determine whether any of the lands described
in the certifications
12.10of the heads of the departments or agencies should be declared surplus and offered for
12.11sale or otherwise disposed of by transferring custodial control to other requesting state
12.12departments or agencies or to the Board of Regents of the University of Minnesota for
12.13educational purposes, provided however that transfer to the Board of Regents shall not be
12.14determinative of tax exemption or immunity. If the commissioner determines that any of
12.15the lands are no longer needed for state purposes, the commissioner shall make findings of
12.16fact, describe the lands, declare the lands to be surplus state land,
and state the reasons for
12.17the sale or disposition of the lands
, and notify the Executive Council of the determination.
12.18 Sec. 20. Minnesota Statutes 2006, section 16B.282, is amended to read:
12.1916B.282 SURVEYS, APPRAISALS, AND SALE.
12.20 Subdivision 1.
Appraisal; notice and offer to public bodies. (a) Before offering
12.21any surplus state-owned lands for sale, the commissioner
of administration may survey the
12.22lands and, if the value of the lands is estimated to be
$40,000 $50,000 or less, may have
12.23the lands appraised. The commissioner shall have the lands appraised if the estimated
12.24value is in excess of
$40,000 $50,000.
12.25 (b)
The appraiser shall, before entering upon the duties of the office, take and
12.26subscribe an oath that the appraiser will faithfully and impartially discharge the duties
12.27of appraiser according to the best of the appraiser's ability and that the appraiser is not
12.28interested, directly or indirectly, in any of the lands to be appraised or the timber or
12.29improvements on the lands or in the purchase of the lands, timber, or improvements
12.30and has entered into no agreement or combination to purchase any of the lands, timber,
12.31or improvements. The oath shall be attached to the appraisal report. Appraisals must
12.32be made by an appraiser that holds a state appraiser license issued by the Department
12.33of Commerce. The appraisal must be in conformity with the Uniform Standards of
12.34Professional Appraisal Practice of the Appraisal Foundation.
13.1 (c) Before offering surplus state-owned lands for public sale, the lands shall first be
13.2offered to the city, county, town, school district, or other public body corporate or politic
13.3in which the lands are situated for public purposes and the lands may be sold for public
13.4purposes for not less than the appraised value of the lands. To determine whether a public
13.5body desires to purchase the surplus land, the commissioner shall give a written notice to
13.6the governing body of each political subdivision whose jurisdictional boundaries include
13.7or are adjacent to the surplus land. If a public body desires to purchase the surplus land,
13.8it shall submit a written offer to the commissioner no later than two weeks after receipt
13.9of notice setting forth in detail its reasons for desiring to acquire and its intended use of
13.10the land. In the event that more than one public body tenders an offer, the commissioner
13.11shall determine which party shall receive the property and shall submit written findings
13.12regarding the decision. If lands are offered for sale for public purposes and if a public
13.13body notifies the commissioner of its desire to acquire the lands, the public body may have
13.14up to two years from the date of the accepted offer to commence payment for the lands
13.15in the manner provided by law.
13.16 Subd. 2.
Public sale requirements. (a)
Lands certified as surplus by the head of
13.17a department or agency under section
16B.281 shall be offered for public sale by the
13.18commissioner as provided in this subdivision. After complying with subdivision 1 and
13.19before any public sale of surplus state-owned land is made
and at least 30 days before the
13.20sale, the commissioner
of administration shall publish a notice of the sale
at least once each
13.21week for four successive weeks in a legal newspaper and also in a newspaper of general
13.22distribution in the
city or county in which the real property to be sold is situated. The notice
13.23shall specify the time and place at which the sale will commence, a general description of
13.24the lots or tracts to be offered, and a general statement of the terms of sale.
Each tract or
13.25lot shall be sold separately and shall be sold for no less than its appraised value.
13.26 (b) Surplus state-owned land shall be sold for no less than the estimated or appraised
13.27value. The minimum bid may include expenses incurred by the commissioner in rendering
13.28the property saleable, including survey, appraisal, legal, advertising, and other expenses.
13.29 (b) (c) Parcels remaining unsold after the offering may be sold to anyone agreeing
13.30to pay the appraised value. The sale shall continue until all parcels are sold or until the
13.31commissioner orders a reappraisal or withdraws the remaining parcels from sale.
13.32 (c) Except as provided in section
16B.283, the cost of any survey or appraisal as
13.33provided in subdivision 1 shall be added to and made a part of the appraised value of the
13.34lands to be sold, whether to any political subdivision of the state or to a private purchaser
13.35as provided in this subdivision.
14.1 Sec. 21. Minnesota Statutes 2006, section 16B.283, is amended to read:
14.216B.283 TERMS OF PAYMENT.
14.3 No less than ten percent of the purchase price shall be paid at the time of sale with
14.4the balance payable according to this section. If the purchase price of any lot or parcel is
14.5$5,000 or less, the balance shall be paid within 90 days of the date of sale. If the purchase
14.6price of any lot or parcel is in excess of $5,000, the balance shall be paid in equal annual
14.7installments for no more than five years, at the option of the purchaser, with principal
14.8and interest payable annually in advance at a rate equal to the rate in effect at the time
14.9under section
549.09 on the unpaid balance, payable to the state treasury on or before
14.10June 1 each year. Any installment of principal or interest may be prepaid. The purchaser
14.11must pay at the time of sale ten percent of the total amount bid and the remainder of the
14.12payment is due within 90 days of the sale date. A person who fails to make final payment
14.13within 90 days of the sale date is in default. On default, all right, title, and interest of
14.14the purchaser or heirs, representatives, or assigns of the purchaser in the premises shall
14.15terminate without the state doing any act or thing. A record of the default must be made in
14.16the state land records of the commissioner.
14.17 Sec. 22. Minnesota Statutes 2006, section 16B.284, is amended to read:
14.1816B.284 CONTRACT FOR DEED AND QUITCLAIM DEED.
14.19 In the event a purchaser elects to purchase surplus real property on an installment
14.20basis, the commissioner shall enter into a contract for deed with the purchaser, in which
14.21shall be set forth the description of the real property sold and the price of the property,
14.22the consideration paid and to be paid for the property, the rate of interest, and time and
14.23terms of payment. The contract for deed shall be made assignable and shall further set
14.24forth that in case of the nonpayment of the annual principal or interest payment due by the
14.25purchaser, or any person claiming under the purchaser, then the contract for deed, from the
14.26time of the failure, is entirely void and of no effect and the state may be repossessed of the
14.27lot or tract and may resell the lot or tract as provided in sections
16B.281 to
16B.287. In
14.28the event the terms and conditions of a contract for deed are completely fulfilled or if a
14.29purchaser makes a lump-sum payment for the subject property in lieu of entering into a
14.30contract for deed, The commissioner
of administration shall sign and cause to be issued a
14.31quitclaim deed on behalf of the state. The quitclaim deed shall be in a form prescribed by
14.32the attorney general and shall vest in the purchaser all of the state's interest in the subject
14.33property except as provided in section
16B.286 16B.285.
14.34 Sec. 23. Minnesota Statutes 2006, section 16B.287, subdivision 2, is amended to read:
15.1 Subd. 2.
Payment of expenses. A portion of the proceeds from the sale equal in
15.2amount to the survey, appraisal, legal, advertising, and other expenses incurred by the
15.3commissioner
of administration or other state official in rendering the property salable shall
15.4be remitted to the account from which the expenses were paid and are appropriated and
15.5immediately available for expenditure in the same manner as other money in the account.
15.6 Sec. 24. Minnesota Statutes 2007 Supplement, section 16B.328, is amended by adding
15.7a subdivision to read:
15.8 Subd. 3. Standards for state funded outdoor lighting fixtures. (a) An outdoor
15.9lighting fixture may be installed or replaced using state funds only if:
15.10 (1) the new or replacement outdoor lighting fixture is a cutoff luminaire if the rated
15.11output of the outdoor lighting fixture is greater than 1,800 lumens;
15.12 (2) the minimum illuminance adequate for the intended purpose is used with
15.13consideration given to nationally recognized standards;
15.14 (3) for lighting of a designated highway of the state highway system, the Department
15.15of Transportation determines that the purpose of the outdoor lighting fixture cannot be
15.16achieved by the installation of reflective road markers, lines, warning or informational
15.17signs, or other effective passive methods; and
15.18 (4) full consideration has been given to energy conservation and savings, reducing
15.19glare, minimizing light pollution, and preserving the natural night environment.
15.20 (b) Paragraph (a) does not apply if:
15.21 (1) a federal law, rule, or regulation preempts state law;
15.22 (2) the outdoor lighting fixture is used on a temporary basis because emergency
15.23personnel require additional illumination for emergency procedures;
15.24 (3) the outdoor lighting fixture is used on a temporary basis for nighttime work;
15.25 (4) special events or situations require additional illumination, provided that the
15.26illumination installed shields the outdoor lighting fixtures from direct view and minimizes
15.27upward lighting and light pollution;
15.28 (5) the outdoor lighting fixture is used solely to highlight the aesthetic aspects of
15.29a single object or distinctive building; or
15.30 (6) a compelling safety interest exists that cannot be addressed by another method.
15.31 (c) This subdivision does not apply to the operation and maintenance of lights or
15.32lighting systems purchased or installed, or for which design work is completed, before
15.33August 1, 2008.
15.34 (d) This section does not apply if a state agency or local unit of government
15.35determines that compliance with this section would:
16.1 (1) require an increased use of electricity;
16.2 (2) increase the construction cost of a lighting system more than 15 percent over the
16.3construction cost of a lighting system that does not comply with this section;
16.4 (3) increase the cost of operation and maintenance of the lighting system more than
16.5ten percent over the cost of operating and maintaining the existing lighting system over
16.6the life of the lighting system; or
16.7 (4) result in a negative safety impact.
16.8 Sec. 25. Minnesota Statutes 2006, section 16C.16, subdivision 5, is amended to read:
16.9 Subd. 5.
Designation of targeted groups. (a) The commissioner of administration
16.10shall periodically designate businesses that are majority owned and operated by women,
16.11persons with a substantial physical disability, or specific minorities as targeted group
16.12businesses within purchasing categories as determined by the commissioner. A group
16.13may be targeted within a purchasing category if the commissioner determines there is a
16.14statistical disparity between the percentage of purchasing from businesses owned by
16.15group members and the representation of businesses owned by group members among all
16.16businesses in the state in the purchasing category.
16.17 (b) In addition to designations under paragraph (a), an individual business may be
16.18included as a targeted group business if the commissioner determines that inclusion is
16.19necessary to remedy discrimination against the owner based on race, gender, or disability
16.20in attempting to operate a business that would provide goods or services to public agencies.
16.21 (c) In addition to the designations under paragraphs (a) and (b), the commissioner of
16.22administration shall designate businesses that are majority owned and operated by veterans
16.23who have served in federal active service as defined in section 190.05, subdivision 5c, in
16.24support of Operation Enduring Freedom or Operation Iraqi Freedom as targeted group
16.25businesses within purchasing categories as determined by the commissioner. "Veteran"
16.26has the meaning given in section 197.447, and also includes both currently serving and
16.27honorably discharged members of the national guard and other military reserves.
16.28 (c) (d) The designations of purchasing categories and businesses under paragraphs
16.29(a)
and, (b)
, and (c) are not rules for purposes of chapter 14, and are not subject to
16.30rulemaking procedures of that chapter.
16.31EFFECTIVE DATE.This section is effective July 1, 2008, and applies to
16.32procurement contract bid solicitations issued on and after that date.
16.33 Sec. 26. Minnesota Statutes 2006, section 16E.01, subdivision 3, is amended to read:
16.34 Subd. 3.
Duties. (a) The office shall:
17.1 (1) manage the efficient and effective use of available federal, state, local, and
17.2public-private resources to develop statewide information and telecommunications
17.3technology systems and services and its infrastructure;
17.4 (2) approve state agency and intergovernmental information and telecommunications
17.5technology systems and services development efforts involving state or intergovernmental
17.6funding, including federal funding, provide information to the legislature regarding
17.7projects reviewed, and recommend projects for inclusion in the governor's budget under
17.8section
16A.11;
17.9 (3) ensure cooperation and collaboration among state and local governments in
17.10developing intergovernmental information and telecommunications technology systems
17.11and services, and define the structure and responsibilities of a representative governance
17.12structure;
17.13 (4) cooperate and collaborate with the legislative and judicial branches in the
17.14development of information and communications systems in those branches;
17.15 (5) continue the development of North Star, the state's official comprehensive online
17.16service and information initiative;
17.17 (6) promote and collaborate with the state's agencies in the state's transition to an
17.18effectively competitive telecommunications market;
17.19 (7) collaborate with entities carrying out education and lifelong learning initiatives
17.20to assist Minnesotans in developing technical literacy and obtaining access to ongoing
17.21learning resources;
17.22 (8) promote and coordinate public information access and network initiatives,
17.23consistent with chapter 13, to connect Minnesota's citizens and communities to each
17.24other, to their governments, and to the world;
17.25 (9) promote and coordinate electronic commerce initiatives to ensure that Minnesota
17.26businesses and citizens can successfully compete in the global economy;
17.27 (10) manage and promote the regular and periodic reinvestment in the information
17.28and telecommunications technology systems and services infrastructure so that state and
17.29local government agencies can effectively and efficiently serve their customers;
17.30 (11) facilitate the cooperative development of and ensure compliance with standards
17.31and policies for information and telecommunications technology systems and services,
17.32electronic data practices and privacy, and electronic commerce among international,
17.33national, state, and local public and private organizations;
17.34 (12) eliminate unnecessary duplication of existing information and
17.35telecommunications technology systems and services provided by other public and private
18.1organizations while building on the existing governmental, educational, business, health
18.2care, and economic development infrastructures;
18.3 (13) identify, sponsor, develop, and execute shared information and
18.4telecommunications technology projects and ongoing operations; and
18.5 (14) ensure overall security of the state's information and technology systems and
18.6services.
18.7 (b) The chief information officer in consultation with the commissioner of finance
18.8must determine when it is cost-effective for agencies to develop and use shared
18.9information and telecommunications technology systems and services for the delivery of
18.10electronic government services. The chief information officer may require agencies to
18.11use shared information and telecommunications technology systems and services. The
18.12chief information officer shall establish reimbursement rates in cooperation with the
18.13commissioner of finance to be billed to agencies and other governmental entities sufficient
18.14to cover the actual development, operating, maintenance, and administrative costs of
18.15the shared systems. The methodology for billing may include the use of interagency
18.16agreements, or other means as allowed by law.
18.17 (c) A state agency with any information and telecommunications technology project
18.18that has a total expected project cost of more than $1,000,000, whether funded as part of
18.19the biennial budget or by any other means, shall for the purpose of registration with the
18.20office submit basic project startup documentation as specified by the office in both content
18.21and format. Registration must occur prior to the date of commencement of the project
18.22and before any project funding is requested or committed. Project leaders must: (1)
18.23demonstrate that acceptable and sustainable project management methodology is being
18.24followed for the project; (2) provide updates to the project documentation as changes
18.25are proposed; and (3) regularly report on the current status of the project on a schedule
18.26agreed to by the office.
18.27 (d) The office must monitor progress on any active information and
18.28telecommunications technology project that has a total expected project cost of more than
18.29$1,000,000 and report on performance against plan in terms of time, scope, and budget.
18.30Based on the determination of the chief information officer, the office must conduct an
18.31independent project audit of the project. The audit analysis and evaluation by the office
18.32of the projects registered under paragraph (c) must be presented to agency executive
18.33sponsors, the project governance bodies, and the chief information officer. All reports and
18.34responses must become part of the project record.
19.1 (e) For any active information and telecommunications technology project that has a
19.2total expected project cost of more than $5,000,000, an annual independent audit must be
19.3performed that conforms to project audit principles published by the office.
19.4 (f) The chief information officer shall report to the legislative committees with
19.5jurisdiction over the office by January 15 of each year regarding the review process
19.6required under paragraph (a), clause (2). The report must include a description of the
19.7current status of each project reviewed by the office. The report must include the rationale
19.8used for the determination made for each project.
19.9 Sec. 27. Minnesota Statutes 2006, section 16E.03, subdivision 1, is amended to read:
19.10 Subdivision 1.
Definitions. For the purposes of chapter 16E, the following terms
19.11have the meanings given them.
19.12 (a) "Information and telecommunications technology systems and services" means
19.13all computing and telecommunications hardware and software, the activities undertaken
19.14to secure that hardware and software, and the activities undertaken to acquire, transport,
19.15process, analyze, store, and disseminate information electronically. "Information and
19.16telecommunications technology systems and services" includes all proposed expenditures
19.17for computing and telecommunications hardware and software, security for that hardware
19.18and software, and related consulting or other professional services.
19.19 (b) "Information and telecommunications technology project" means an effort to
19.20acquire or produce information and telecommunications technology systems and services.
19.21 (c) "Telecommunications" means voice, video, and data electronic transmissions
19.22transported by wire, wireless, fiber-optic, radio, or other available transport technology.
19.23 (d) "Cyber security" means the protection of data and systems in networks connected
19.24to the Internet.
19.25 (e) "State agency" means an agency in the executive branch of state government and
19.26includes the Minnesota Office of Higher Education, but does not include the Minnesota
19.27State Colleges and Universities unless specifically provided elsewhere in this chapter.
19.28 (f) "Total expected project cost" includes direct staff costs, all supplemental contract
19.29staff and vendor costs, and costs of hardware and software development or purchase.
19.30Breaking a project into several phases does not affect the cost threshold which must be
19.31computed on the full cost of all aspects of the related subprojects.
19.32 Sec. 28. Minnesota Statutes 2006, section 16E.04, subdivision 2, is amended to read:
19.33 Subd. 2.
Responsibilities. (a) In addition to other activities prescribed by law, the
19.34office shall carry out the duties set out in this subdivision.
20.1 (b) The office shall develop and establish a state information architecture to ensure
20.2that state agency development and purchase of information and communications systems,
20.3equipment, and services is designed to ensure that individual agency information systems
20.4complement and do not needlessly duplicate or conflict with the systems of other agencies.
20.5When state agencies have need for the same or similar public data, the chief information
20.6officer, in coordination with the affected agencies, shall manage the most efficient and
20.7cost-effective method of producing and storing data for or sharing data between those
20.8agencies. The development of this information architecture must include the establishment
20.9of standards and guidelines to be followed by state agencies. The office shall ensure
20.10compliance with the architecture.
20.11 (c) The office shall assist state agencies in the planning and management of
20.12information systems so that an individual information system reflects and supports
20.13the state agency's mission and the state's requirements and functions.
Each agency
20.14shall develop a strategic information technology plan. The office shall review and
20.15approve agency technology plans to ensure consistency with enterprise information and
20.16telecommunications technology strategy.
By December 1 of each year, the office must
20.17report to the legislative committees with jurisdiction over the office regarding the plans
20.18under this paragraph.
20.19 (d) The office shall review and approve agency requests for funding for the
20.20development or purchase of information systems equipment or software before the
20.21requests may be included in the governor's budget.
20.22 (e) The office shall review major purchases of information systems equipment to:
20.23 (1) ensure that the equipment follows the standards and guidelines of the state
20.24information architecture;
20.25 (2) ensure the agency's proposed purchase reflects a cost-effective policy regarding
20.26volume purchasing; and
20.27 (3) ensure that the equipment is consistent with other systems in other state agencies
20.28so that data can be shared among agencies, unless the office determines that the agency
20.29purchasing the equipment has special needs justifying the inconsistency.
20.30 (f) The office shall review the operation of information systems by state agencies
20.31and ensure that these systems are operated efficiently and securely and continually meet
20.32the standards and guidelines established by the office. The standards and guidelines must
20.33emphasize uniformity that is cost-effective for the enterprise, that encourages information
20.34interchange, open systems environments, and portability of information whenever
20.35practicable and consistent with an agency's authority and chapter 13.
21.1 (g) The office shall conduct a comprehensive review at least every three years of
21.2the information systems investments that have been made by state agencies and higher
21.3education institutions. The review must include recommendations on any information
21.4systems applications that could be provided in a more cost-beneficial manner by an outside
21.5source. The office must report the results of its review to the legislature and the governor.
21.6 Sec. 29.
[43A.1816] LEAVE TO CARE FOR SIGNIFICANT OTHER.
21.7 (a) An employee must be granted leave to the extent the employee's attendance is
21.8necessary to care for a significant other due to the significant other's illness or disability,
21.9up to a period of five days within a 12-month period. The leave must be unpaid, unless
21.10otherwise provided in a collective bargaining agreement or compensation plan.
21.11 (b) For purposes of this section, "significant other" means a person who has entered
21.12into a committed interdependent relationship with another adult, where the adults:
21.13 (1) are responsible for each other's basic common welfare;
21.14 (2) share a common residence and intend to do so indefinitely;
21.15 (3) are not related by blood or adoption to an extent that would prohibit marriage in
21.16this state; and
21.17 (4) are legally competent and qualified to enter into a contract.
21.18 For purposes of this section, significant others may share a common residence even
21.19if they do not have a legal right to possess the residence or one or both domestic partners
21.20possess additional real property. If one significant other temporarily leaves the common
21.21residence with the intention to return, the significant others continue to share a common
21.22residence for the purposes of this section.
21.23 Sec. 30.
[43A.187] BLOOD DONATION LEAVE.
21.24 A state employee must be granted leave from work with 100 percent of pay to donate
21.25blood at a location away from the place of work. The total amount of leave used under this
21.26paragraph may not exceed three hours in a 12-month period, and must be determined by
21.27the employee. A state employee seeking leave from work under this section must provide
21.2814 days notice to the appointing authority. This leave must not affect the employee's
21.29vacation leave, pension, compensatory time, personal vacation days, sick leave, earned
21.30overtime accumulation, or cause a loss of seniority. For the purposes of this section, "state
21.31employee" does not include an employee of the Minnesota State Colleges and Universities.
21.32 Sec. 31. Laws 2006, chapter 282, article 2, section 27, subdivision 4, is amended to
21.33read:
22.1 Subd. 4.
Expiration. The commission expires
December 31, 2008 June 30, 2009.
22.2 Sec. 32. Laws 2007, chapter 148, article 1, section 7, is amended to read:
22.3
|
Sec. 7. SECRETARY OF STATE
|
$
|
9,019,000
|
$
|
6,497,000
|
22.4
|
Appropriations by Fund
|
22.5
|
|
2008
|
2009
|
22.6
|
General
|
6,175,000
|
6,497,000
|
22.7
|
Special Revenue
|
2,844,000
|
|
22.8(a) $310,000 of this appropriation must be
22.9transferred to the Help America Vote Act
22.10account and is designated as a portion of the
22.11match required by section 253(b)(5) of the
22.12Help America Vote Act.
22.13(b) $2,844,000 the first year is appropriated
22.14from the Help America Vote Act account for
22.15the purposes and uses authorized by federal
22.16law. This appropriation is available until
22.17June 30, 2009.
22.18(c) Notwithstanding Laws 2005, chapter
22.19162, section 34, subdivision 7, any balance
22.20remaining in the Help America Vote Act
22.21account after previous appropriations and the
22.22appropriations in this section is appropriated
22.23to the secretary of state for the purposes of
22.24the account. This appropriation is available
22.25until June 30, 2011.
22.26(d) The amount necessary to meet federal
22.27requirements for interest payments and the
22.28additional match for the Help America Vote
22.29Act account is transferred from the general
22.30fund appropriation to the Help America Vote
22.31Act account.
22.32EFFECTIVE DATE.This section is effective the day following final enactment.
23.1 Sec. 33. Laws 2007, chapter 148, article 1, section 12, subdivision 4, is amended to
23.2read:
23.3
|
Subd. 4. Administrative Management Services
|
|
5,672,000
|
|
5,218,000
|
23.4(a) $125,000 the first year is to create an
23.5Office of Grants Management to standardize
23.6state grants management policies and
23.7procedures. For the fiscal year beginning
23.8July 1, 2008, the commissioner must
23.9deduct up to $125,000 from state grants
23.10that are subject to Minnesota Statutes,
23.11section 16B.97, to
nongovernmental
23.12nonstate entities, as necessary to fund the
23.13commissioner's duties under new Minnesota
23.14Statutes, sections
16B.97 and
16B.98.
23.15The amount deducted from appropriations
23.16for these grants is transferred to the
23.17commissioner for purposes of administering
23.18these sections.
23.19(b) $250,000 the first year and $250,000
23.20the second year are to establish a small
23.21agency resource team to consolidate and
23.22streamline the human resources and financial
23.23management activities for small state
23.24agencies, boards, and councils.
23.25(c) $500,000 the first year is a onetime
23.26appropriation for a targeted group business
23.27disparity study. The commissioner
23.28must cooperate with units of local
23.29government conducting similar studies. The
23.30commissioner shall ensure that the results of
23.31the study are kept current and that any new or
23.32upgraded accounting or procurement systems
23.33properly record purchases from minority and
23.34female-owned businesses through the use of
24.1state contracts, and the availability of bids
24.2from those businesses.
24.3(d) $74,000 the first year and $74,000
24.4the second year are for the Council on
24.5Developmental Disabilities.
24.6(e) $140,000 in fiscal year 2008 and $140,000
24.7in fiscal year 2009 are for a grant to the
24.8Council on Developmental Disabilities
24.9for the purpose of establishing a statewide
24.10self-advocacy network for persons with
24.11intellectual and developmental disabilities
24.12(ID/DD). The self-advocacy network shall:
24.13(1) ensure that persons with ID/DD are
24.14informed of their rights in employment,
24.15housing, transportation, voting, government
24.16policy, and other issues pertinent to the
24.17ID/DD community;
24.18(2) provide public education and awareness
24.19of the civil and human rights issues persons
24.20with ID/DD face;
24.21(3) provide funds, technical assistance, and
24.22other resources for self-advocacy groups
24.23across the state; and
24.24(4) organize systems of communications
24.25to facilitate an exchange of information
24.26between self-advocacy groups.
24.27This appropriation is in addition to any other
24.28appropriations and must be added to the base
24.29appropriation beginning in fiscal year 2010.
24.30 Sec. 34.
MANAGERIAL POSITION REDUCTIONS.
24.31 The governor must reduce the total number of deputy commissioners, assistant
24.32commissioners, positions designated as unclassified under authority of Minnesota Statutes,
25.1section 43A.08, subdivision 1a, and governor's office personnel supported by interagency
25.2agreements by 25 percent. This reduction must be achieved by June 30, 2009.
25.3 Sec. 35.
MINNEAPOLIS PARK AND RECREATION BOARD;
25.4CONDEMNATION PROCEEDS.
25.5 Notwithstanding the provisions of Minnesota Statutes, section 16A.695, or any
25.6other law, the Minneapolis Park and Recreation Board may retain the proceeds from the
25.7condemnation of park lands or its interest in land necessary for the reconstruction and
25.8expansion of marked Interstate Highway 35W at the Mississippi River in Minneapolis.
25.9Proceeds received by the park board from the condemnation proceeding must be deposited
25.10into a park land acquisition account controlled by the Minneapolis Park and Recreation
25.11Board. Money in the account must be invested pursuant to Minnesota Statutes, chapter
25.12118A, and interest shall accrue to this account. The park land acquisition account must
25.13be used solely to acquire land for public park purposes adjacent to the Mississippi River
25.14in Minneapolis. Lands acquired from the account must be included in the metropolitan
25.15regional recreation open space system and are subject to the provisions of Minnesota
25.16Statutes, section 16A.695, and laws governing metropolitan regional park land. The park
25.17board shall provide an annual report to the commissioner of finance and the Metropolitan
25.18Council regional administrator outlining the use of the funds in the park land acquisition
25.19account until such time as no funds remain in the account.
25.20EFFECTIVE DATE.This section is effective the day following final enactment.
25.21 Sec. 36.
LEGISLATORS' FORUM.
25.22 During the biennium ending June 30, 2009, the Legislative Coordinating
25.23Commission must pay expenses associated with Minnesota legislators' participation in
25.24a legislators' forum, through which Minnesota legislators meet with counterparts from
25.25South Dakota, North Dakota, and Manitoba to discuss issues of mutual concern.
25.26EFFECTIVE DATE.This section is effective the day following final enactment.
25.27 Sec. 37.
LCC STUDY.
25.28 The Legislative Coordinating Commission must report to the chairs of the house
25.29and senate Finance Committees by January 15, 2009, on potential savings that could be
25.30achieved by having the Legislative Coordinating Commission perform administrative
25.31functions that currently are performed separately by the house of representatives and
25.32the senate.
26.1 Sec. 38.
TEMPORARY HOURS OF SALE.
26.2 From August 29, 2008, through September 8, 2008, holders of an on-sale liquor
26.3license may remain open and may serve alcohol until 4:00 a.m. each day, and holders of
26.4an off-sale license may be open and sell alcohol between 8:00 a.m. and 10:00 p.m. on
26.5Sunday, under the following conditions:
26.6 (1) the holder of an on-sale intoxicating liquor license or the holder of an off-sale
26.7liquor license must be located within a city or township, any part of which is within ten
26.8miles of the site of the Republican National Convention; and
26.9 (2) the licensing jurisdiction where the licensee is located must have approved the
26.10additional hours of sale authorized in this section for all licensees within its jurisdiction.
26.11 Sec. 39.
REPEALER.
26.12Minnesota Statutes 2006, sections 16B.281, subdivisions 2, 4, and 5; 16B.285;
26.13and 645.44, subdivision 19, are repealed.
26.14 Sec. 40.
EFFECTIVE DATE.
26.15 Except for those sections with a different effective date, this article is effective the
26.16day following final enactment.
26.19
|
Section 1. SUMMARY OF APPROPRIATIONS.
|
26.20 The sums shown in the columns marked "Appropriations" are added to or, if shown
26.21in parentheses, subtracted from the appropriations in Laws 2007, chapter 45, articles 1 to
26.223, to the agencies and for the purposes specified in this act. The appropriations are from
26.23the general fund or another named fund and are available for the fiscal years indicated for
26.24each purpose. The figures "2008" and "2009" used in this article mean that the addition
26.25to or subtraction from the appropriation listed under them is available for the fiscal year
26.26ending June 30, 2008, or June 30, 2009, respectively. Supplemental appropriations and
26.27reductions to appropriations for the fiscal year ending June 30, 2008, are effective the
26.28day following final enactment.
26.29
|
|
|
|
APPROPRIATIONS
|
26.30
|
|
|
|
Available for the Year
|
26.31
|
|
|
|
Ending June 30
|
26.32
|
|
|
|
|
2008
|
|
2009
|
26.33
|
Sec. 2. MILITARY AFFAIRS
|
$
|
|
$
|
52,000
|
27.1
|
Appropriations by Fund
|
27.2
|
General
|
390,000
|
|
27.3
|
Special Revenue
|
(338,000)
|
|
27.4$75,000 in fiscal year 2009 is to establish a
27.5state enhancement of the employer support of
27.6the guard and reserve program. The funding
27.7base for this activity is $35,000 each year in
27.8fiscal years 2010 and 2011.
27.9$135,000 in fiscal year 2009 is to make
27.10$1,000 biannual bonus payments to National
27.11Guard medics who meet recertification
27.12requirements during the fiscal year.
27.13$180,000 in fiscal year 2009 is to add "state
27.14navigator" positions to coordinate state
27.15agency programs and activities to support
27.16and assist soldiers and their families during
27.17and after the reintegration process.
27.18$338,000 is a reduction in fiscal year
27.192009 from the special revenue fund
27.20appropriation from the account established
27.21in Minnesota Statutes, section 190.19. The
27.22base appropriation in fiscal year 2010 and
27.232011 is $0.
27.24 Sec. 3. Minnesota Statutes 2006, section 190.19, subdivision 1, is amended to read:
27.25 Subdivision 1.
Establishment. The Minnesota "Support Our Troops" account is
27.26established in the special revenue fund. The account shall consist of contributions from
27.27private sources and appropriations.
Money in the account is appropriated in equal shares
27.28to the Department of Military Affairs and the Department of Veterans Affairs.
27.29EFFECTIVE DATE.Notwithstanding Laws 2007, chapter 45, article 2, section
27.301, and article 3, section 2, subdivision 3, this section is effective for distribution of the
27.31Minnesota "Support Our Troops" account the day following final enactment.
27.32 Sec. 4. Minnesota Statutes 2007 Supplement, section 190.19, subdivision 2, is
27.33amended to read:
28.1 Subd. 2.
Uses. (a) Money appropriated from the Minnesota "Support Our Troops"
28.2account
to the Department of Military Affairs may be used for:
28.3 (1) grants directly to eligible individuals;
28.4 (2) grants to one or more eligible foundations for the purpose of making grants to
28.5eligible individuals, as provided in this section;
or
28.6 (3) veterans' services
.; or
28.7 (4) grants to family readiness groups chartered by the adjutant general.
28.8 (b)
As used in paragraph (a), the term
, "eligible individual" includes any person
28.9who is:
28.10 (1) a member of the Minnesota National Guard or a reserve unit based in Minnesota
28.11who has been called to active service as defined in section
190.05, subdivision 5;
28.12 (2) a Minnesota resident who is a member of a military reserve unit not based
28.13in Minnesota, if the member is called to active service as defined in section
190.05,
28.14subdivision 5
;
28.15 (3) any other Minnesota resident performing active service for any branch of the
28.16military of the United States;
28.17 (4) a person who served in one of the capacities listed in clause (1), (2), or (3) who
28.18has current financial needs directly related to that service; and
28.19 (5) a member of the immediate family of an individual identified in clause (1), (2),
28.20(3), or (4). For purposes of this clause, "immediate family" means the individual's spouse
28.21and minor children and, if they are dependents of the member of the military, the member's
28.22parents, grandparents, siblings, stepchildren, and adult children.
28.23 (c)
As used in paragraph (a), the term "eligible foundation" includes any organization
28.24that:
28.25 (1) is a tax-exempt organization under section 501(c)(3) of the Internal Revenue
28.26Code;
28.27 (2) has articles of incorporation under chapter 317A specifying the purpose of
28.28the organization as including the provision of financial assistance to members of the
28.29Minnesota National Guard and other United States armed forces reserves and their
28.30families and survivors; and
28.31 (3) agrees in writing to distribute any grant money received from the adjutant general
28.32under this section to eligible individuals as defined in this section and in accordance
28.33with any written policies and rules the adjutant general may impose as conditions of the
28.34grant to the foundation.
29.1 (d) The maximum grant awarded to an eligible individual
under paragraph (a) in a
29.2calendar year with funds from the Minnesota "Support Our Troops" account, either through
29.3an eligible institution or directly from the adjutant general, may not exceed $2,000.
29.4 Sec. 5.
[192.341] STATE ENHANCED EMPLOYER SUPPORT OF GUARD
29.5AND RESERVE (ESGR) PROGRAM.
29.6 The adjutant general is authorized to establish and administer a state enhancement
29.7to the federal Employer Support of Guard and Reserve (ESGR) Program. The adjutant
29.8general shall develop policy and guidelines for the administration of the program
29.9established under this section.
29.10 Sec. 6. Minnesota Statutes 2006, section 192.501, is amended by adding a subdivision
29.11to read:
29.12 Subd. 1c. Medic recertification bonus program. (a) The adjutant general
29.13may establish a program to provide a recertification bonus to eligible members of the
29.14Minnesota National Guard who recertify as emergency medical technicians (EMTs) in
29.15the National Guard within the limitations of this subdivision. The bonus payments are
29.16intended to generally encourage a member's continuing certification as an EMT.
29.17 (b) Eligibility for the recertification bonus is limited to a member of the National
29.18Guard who:
29.19 (1) is serving satisfactorily as determined by the adjutant general; and
29.20 (2) has successfully completed the training required for recertification and warrants
29.21the payment of a bonus.
29.22 (c) The adjutant general may, within the limitations of this subdivision and other
29.23applicable laws, determine additional eligibility criteria for the bonus, and must specify all
29.24of the criteria in regulations and publish changes as necessary.
29.25 (d) Payments under this subdivision must be made on a schedule that is determined
29.26and published in department regulations by the adjutant general.
29.27 Sec. 7. Minnesota Statutes 2006, section 192.501, is amended by adding a subdivision
29.28to read:
29.29 Subd. 2a. Usage of tuition and textbook reimbursement grant program by
29.30spouse permitted. (a) Notwithstanding the eligibility limitations of subdivision 2,
29.31paragraph (b), the spouse of a person eligible under subdivision 2, paragraph (b), is
29.32eligible to use up to 12 semester hours per year, or the equivalent amount of quarter
30.1credits, of that eligible person's unused tuition reimbursement benefit for each year of
30.2service in the Minnesota National Guard after the eighth year of such service.
30.3 (b) Total benefits under this subdivision cannot exceed the total unused portion of
30.4the service member's benefit. A service member's and spouse's eligibility for tuition
30.5reimbursement under this subdivision is limited by the provisions of subdivision 2,
30.6paragraph (g).
30.7 Sec. 8. Minnesota Statutes 2006, section 197.585, subdivision 5, is amended to read:
30.8 Subd. 5.
Expiration. This section expires at the end of the first fiscal year in which
30.9the number of veterans enrolled in Minnesota public institutions of higher education is
30.10fewer than 4,000
, but no later than June 30, 2011.
30.11 Sec. 9.
STARBASE STUDY.
30.12 The appropriation in Laws 2007, chapter 45, article 3, section 2, subdivision 3, for
30.13a longitudinal study measuring improvement in academic achievement as a result of
30.14participation in the Starbase program is available until June 30, 2009. The Department of
30.15Military Affairs must contract with the Wilder Foundation to conduct the study.
30.16EFFECTIVE DATE.This section is effective the day following final enactment.
30.17 Sec. 10.
NATIONAL GUARD YOUTH CHALLENGE PROGRAM STUDY.
30.18 The adjutant general and the Department of Military Affairs shall study participation
30.19by the Minnesota National Guard in the National Guard Youth Challenge Program
30.20promoted by the National Guard Youth Foundation. The adjutant general shall report on
30.21the study and make recommendations to the governor and the committees of the senate
30.22and the house of representatives with jurisdiction over National Guard programs by
30.23January 15, 2009. The study must include:
30.24 (1) possible locations for the Minnesota National Guard Youth Challenge Program;
30.25 (2) estimated start-up costs for the program;
30.26 (3) application and establishment procedures and resources required to apply for
30.27and establish the program; and
30.28 (4) a survey of similar programs established in other states and how each state comes
30.29up with the state match required to obtain federal funds.
31.2EXECUTIVE BRANCH COMPENSATION
31.3 Section 1. Minnesota Statutes 2006, section 15A.081, subdivision 8, is amended to
31.4read:
31.5 Subd. 8.
Expense allowance. Notwithstanding any law to the contrary, positions
31.6listed in section 15A.0815,
subdivisions 2 and 3, constitutional officers, the commissioner
31.7of Iron Range resources and rehabilitation, and the director of the State Lottery are
31.8authorized an annual expense allowance not to exceed $1,500 for necessary expenses in
31.9the normal performance of their duties for which no other reimbursement is provided.
31.10The expenditures under this subdivision are subject to any laws and rules relating to
31.11budgeting, allotment and encumbrance, preaudit and postaudit. The commissioner of
31.12finance may adopt rules to assure the proper expenditure of these funds and to provide
31.13for reimbursement.
31.14 Sec. 2. Minnesota Statutes 2006, section 15A.0815, is amended to read:
31.1515A.0815 SALARY LIMITS FOR CERTAIN EMPLOYEES.
31.16 Subdivision 1.
Salary limits. The governor or other appropriate appointing
31.17authority shall set the salary rates for positions listed in
this section subdivision 2 within
31.18the salary limits listed in
subdivisions subdivision 2
to 4 and section 43A.17, subdivision
31.199, subject to approval of the Legislative Coordinating Commission and the legislature as
31.20provided by subdivision 5 and sections
3.855 and
15A.081, subdivision 7b.
31.21 Subd. 2.
Group I salary limits Positions. The salaries for positions in this
31.22subdivision may not exceed 95 percent of the salary of the governor:
31.23 Commissioner of administration;
31.24 Commissioner of agriculture;
31.25 Commissioner of education;
31.26 Commissioner of commerce;
31.27 Commissioner of corrections;
31.28 Commissioner of employee relations;
31.29 Commissioner of employment and economic development;
31.30 Commissioner of finance;
31.31 Director, Gambling Control Board;
31.32 Commissioner of health;
31.33 Executive director, Minnesota Office of Higher Education;
31.34 Commissioner, Housing Finance Agency;
32.1 Commissioner of human rights;
32.2 Commissioner of human services;
32.3 Commissioner, Iron Range Resources and Rehabilitation Board;
32.4 Commissioner of labor and industry;
32.5 Commissioner, Bureau of Mediation Services;
32.6 Ombudsman for Mental Health and Developmental Disabilities;
32.7 Chair, Metropolitan Airports Commission;
32.8 Chair, Metropolitan Council;
32.9 Director, Minnesota State Lottery;
32.10 Commissioner of natural resources;
32.11 Director of Office of Strategic and Long-Range Planning;
32.12 Commissioner, Pollution Control Agency;
32.13 Executive director, Public Employees Retirement Association;
32.14 Commissioner of public safety;
32.15 Commissioner, Public Utilities Commission;
32.16 Director, Minnesota Racing Commission;
32.17 Commissioner of revenue;
32.18 Commissioner of employment and economic development;
32.19 Executive director, State Retirement System;
32.20 Executive director, Teachers Retirement Association;
32.21 Commissioner of transportation; and
32.22 Commissioner of veterans affairs.
32.23 Subd. 3. Group II salary limits. The salaries for positions in this subdivision may
32.24not exceed 85 percent of the salary of the governor:
32.25 Executive director of Gambling Control Board;
32.26 Commissioner, Iron Range Resources and Rehabilitation Board;
32.27 Commissioner, Bureau of Mediation Services;
32.28 Ombudsman for Mental Health and Developmental Disabilities;
32.29 Chair, Metropolitan Council;
32.30 Executive director of pari-mutuel racing;
32.31 Executive director, Public Employees Retirement Association;
32.32 Commissioner, Public Utilities Commission;
32.33 Executive director, State Retirement System; and
32.34 Executive director, Teachers Retirement Association.
32.35 Subd. 4. Group III salary limits. The salary for a position in this subdivision may
32.36not exceed 25 percent of the salary of the governor:
33.1 Chair, Metropolitan Airports Commission.
33.2 Subd. 5.
Appointing authorities to recommend certain salaries. (a) The
33.3governor, or other appropriate appointing authority, may submit to the Legislative
33.4Coordinating Commission recommendations for salaries within the salary limits for the
33.5positions listed in subdivisions 2 to 4. An appointing authority may also propose additions
33.6or deletions of positions from those listed.
33.7 (b) Before submitting the recommendations, the appointing authority shall consult
33.8with the commissioner of employee relations concerning the recommendations.
33.9 (c) In making recommendations, the appointing authority shall consider the
33.10criteria established in section
43A.18, subdivision 8, and the performance of individual
33.11incumbents. The performance evaluation must include a review of an incumbent's progress
33.12toward attainment of affirmative action goals. The appointing authority shall establish
33.13an objective system for quantifying knowledge, abilities, duties, responsibilities, and
33.14accountabilities, and in determining recommendations, rate each position by this system.
33.15 (d) Before the appointing authority's recommended salaries take effect, the
33.16recommendations must be reviewed and approved, rejected, or modified by the Legislative
33.17Coordinating Commission and the legislature under section
3.855, subdivisions 2 and
33.183
. If, when the legislature is not in session, the commission fails to reject or modify
33.19salary recommendations of the governor within 30 calendar days of their receipt, the
33.20recommendations are deemed to be approved.
33.21 (e) The appointing authority shall set the initial salary of a head of a new agency
33.22or a chair of a new metropolitan board or commission whose salary is not specifically
33.23prescribed by law after consultation with the commissioner, whose recommendation is
33.24advisory only. The amount of the new salary must be comparable to the salary of an
33.25agency head or commission chair having similar duties and responsibilities.
33.26 (f) The salary of a newly appointed head of an agency or chair of a metropolitan
33.27agency listed in
subdivisions subdivision 2
to 4, may be increased or decreased by the
33.28appointing authority from the salary previously set for that position within 30 days
33.29of the new appointment after consultation with the commissioner. If the appointing
33.30authority increases a salary under this paragraph, the appointing authority shall submit
33.31the new salary to the Legislative Coordinating Commission and the full legislature
33.32for approval, modification, or rejection under section
3.855, subdivisions 2 and 3.
33.33If, when the legislature is not in session, the commission fails to reject or modify
33.34salary recommendations of the governor within 30 calendar days of their receipt, the
33.35recommendations are deemed to be approved.
34.1 Sec. 3. Minnesota Statutes 2006, section 43A.01, subdivision 3, is amended to read:
34.2 Subd. 3.
Equitable compensation relationships. It is the policy of this state to
34.3attempt to establish equitable compensation relationships between female-dominated,
34.4male-dominated, and balanced classes of employees in the executive branch.
34.5Compensation relationships are equitable within the meaning of this subdivision when the
34.6primary consideration in negotiating, establishing, recommending, and approving total
34.7compensation is comparability of the value of the work in relationship to other positions in
34.8the executive branch.
A recognized system for classification analysis and its concurrent
34.9point allocation system must be used in order to attain compensation equity. Classification
34.10range maximums must fall within the system's point allocation window. Market-driven
34.11forces are recognized as acceptable in order to maintain employee recruitment and
34.12retention efforts whenever the compensation rates exceed the allocated points. No contract
34.13executed under chapter 179A may modify, waive, or abridge this section and sections
34.1443A.07 to 43A.121, 43A.15, and 43A.17 to 43A.21, except to the extent expressly
34.15permitted in those sections. Any compensation equity adjustments must be made from
34.16agency appropriations. Fifty percent of the compensation governed by this system must be
34.17adjusted in fiscal year 2009 and the remaining compensation in fiscal year 2010.
34.18 Sec. 4. Minnesota Statutes 2006, section 43A.17, subdivision 9, is amended to read:
34.19 Subd. 9.
Political subdivision Compensation limit. (a) The salary and the value
34.20of all other forms of compensation of
the positions in section 15A.0815 and a person
34.21employed by a political subdivision of this state, excluding a school district, or employed
34.22under section
422A.03 may not exceed 110 percent of the salary of the governor as set
34.23under section
15A.082, except as provided in this subdivision. For purposes of this
34.24subdivision, "political subdivision of this state" includes a statutory or home rule charter
34.25city, county, town, metropolitan or regional agency, or other political subdivision, but
34.26does not include a hospital, clinic, or health maintenance organization owned by such a
34.27governmental unit.
34.28 (b) Beginning in 2006, the limit in paragraph (a) shall be adjusted annually in
34.29January. The limit shall equal the limit for the prior year increased by the percentage
34.30increase, if any, in the Consumer Price Index for all-urban consumers from October of the
34.31second prior year to October of the immediately prior year.
34.32 (c) Deferred compensation and payroll allocations to purchase an individual annuity
34.33contract for an employee are included in determining the employee's salary. Other forms
34.34of compensation which shall be included to determine an employee's total compensation
34.35are all other direct and indirect items of compensation which are not specifically excluded
35.1by this subdivision. Other forms of compensation which shall not be included in a
35.2determination of an employee's total compensation for the purposes of this subdivision are:
35.3 (1) employee benefits that are also provided for the majority of all other full-time
35.4employees of the political subdivision, vacation and sick leave allowances, health and
35.5dental insurance, disability insurance, term life insurance, and pension benefits or like
35.6benefits the cost of which is borne by the employee or which is not subject to tax as
35.7income under the Internal Revenue Code of 1986;
35.8 (2) dues paid to organizations that are of a civic, professional, educational, or
35.9governmental nature; and
35.10 (3) reimbursement for actual expenses incurred by the employee which the
35.11governing body determines to be directly related to the performance of job responsibilities,
35.12including any relocation expenses paid during the initial year of employment.
35.13 The value of other forms of compensation shall be the annual cost to the political
35.14subdivision for the provision of the compensation.
35.15 (d) The salary of a medical doctor or doctor of osteopathy occupying a position that
35.16the governing body of the political subdivision has determined requires an M.D. or D.O.
35.17degree is excluded from the limitation in this subdivision.
35.18 (e) The commissioner may increase the limitation in this subdivision for a position
35.19that the commissioner has determined requires special expertise necessitating a higher
35.20salary to attract or retain a qualified person. The commissioner shall review each
35.21proposed increase giving due consideration to salary rates paid to other persons with
35.22similar responsibilities in the state and nation. The commissioner may not increase the
35.23limitation until the commissioner has presented the proposed increase to the Legislative
35.24Coordinating Commission and received the commission's recommendation on it. The
35.25recommendation is advisory only. If the commission does not give its recommendation
35.26on a proposed increase within 30 days from its receipt of the proposal, the commission
35.27is deemed to have made no recommendation. If the commissioner grants or granted an
35.28increase under this paragraph, the new limitation shall be adjusted beginning in August
35.292005 and in each subsequent calendar year in January by the percentage increase equal to
35.30the percentage increase, if any, in the Consumer Price Index for all-urban consumers from
35.31October of the second prior year to October of the immediately prior year.
35.32 Sec. 5. Minnesota Statutes 2006, section 119A.03, subdivision 1, is amended to read:
35.33 Subdivision 1.
General. The department is under the administrative control of
35.34the commissioner. The commissioner is appointed by the governor with the advice and
35.35consent of the senate. The commissioner must possess broad knowledge and experience
36.1in strengthening children and families. The commissioner has the general powers as
36.2provided in section
15.06, subdivision 6.
36.3 The commissioner's salary must be established according to the procedure in section
36.415A.0815
, in the same range as that specified for the commissioner of finance.
36.5 Sec. 6. Minnesota Statutes 2006, section 124D.385, subdivision 4, is amended to read:
36.6 Subd. 4.
Delegation to nonprofit. The commission may create a private nonprofit
36.7corporation that is exempt from taxation under section 501(c)(3) of the federal Internal
36.8Revenue Code of 1986. If the commission creates a private nonprofit corporation, the
36.9commission must serve as the corporation's board of directors. The private nonprofit
36.10corporation is not subject to laws governing state agencies or political subdivisions,
36.11except the provisions of chapter 13, the Open Meeting Law under chapter 13D, salary
36.12limits under section 15A.0815,
subdivision 2, and audits by the legislative auditor under
36.13chapter 3 apply. Further provided that the board of directors and the executive director
36.14of the nonprofit corporation are each considered an "official" for purposes of section
36.1510A.071
. The commission may delegate any or all of its powers and duties under federal
36.16law or under sections
124D.37 to
124D.45 to the corporation if the nonprofit corporation
36.17is approved under federal law to administer the National and Community Service Trust
36.18Act. The commission may revoke a delegation of powers and duties at any time, and must
36.19revoke the delegation if the corporation is no longer approved under federal law as the
36.20administrator in the state of Minnesota for the National and Community Service Trust Act.
36.21 Sec. 7. Minnesota Statutes 2007 Supplement, section 216C.052, subdivision 2, is
36.22amended to read:
36.23 Subd. 2.
Administrative issues. (a) The commissioner may select the administrator.
36.24The administrator must have at least five years of experience working as a power systems
36.25engineer or transmission planner, or in a position dealing with power system reliability
36.26issues, and may not have been a party or a participant in a commission energy proceeding
36.27for at least one year prior to selection by the commissioner. The commissioner shall
36.28oversee and direct the work of the administrator, annually review the expenses of the
36.29administrator, and annually approve the budget of the administrator. The administrator
36.30may hire staff and may contract for technical expertise in performing duties when existing
36.31state resources are required for other state responsibilities or when special expertise is
36.32required. The salary of the administrator is governed by section 15A.0815
, subdivision 2.
36.33 (b) Costs relating to a specific proceeding, analysis, or project are not general
36.34administrative costs. For purposes of this section, "energy utility" means public utilities,
37.1generation and transmission cooperative electric associations, and municipal power
37.2agencies providing natural gas or electric service in the state.
37.3 (c) The Department of Commerce shall pay:
37.4 (1) the general administrative costs of the administrator, not to exceed $1,000,000
37.5in a fiscal year, and shall assess energy utilities for those administrative costs. These
37.6costs must be consistent with the budget approved by the commissioner under paragraph
37.7(a). The department shall apportion the costs among all energy utilities in proportion to
37.8their respective gross operating revenues from sales of gas or electric service within
37.9the state during the last calendar year, and shall then render a bill to each utility on a
37.10regular basis; and
37.11 (2) costs relating to a specific proceeding analysis or project and shall render a bill to
37.12the specific energy utility or utilities participating in the proceeding, analysis, or project
37.13directly, either at the conclusion of a particular proceeding, analysis, or project, or from
37.14time to time during the course of the proceeding, analysis, or project.
37.15 (d) For purposes of administrative efficiency, the department shall assess energy
37.16utilities and issue bills in accordance with the billing and assessment procedures provided
37.17in section
216B.62, to the extent that these procedures do not conflict with this subdivision.
37.18The amount of the bills rendered by the department under paragraph (c) must be paid by
37.19the energy utility into an account in the special revenue fund in the state treasury within
37.2030 days from the date of billing and is appropriated to the department for the purposes
37.21provided in this section. The commission shall approve or approve as modified a rate
37.22schedule providing for the automatic adjustment of charges to recover amounts paid by
37.23utilities under this section. All amounts assessed under this section are in addition to
37.24amounts appropriated to the commission and the department by other law.
37.25 Sec. 8. Minnesota Statutes 2006, section 349A.02, subdivision 1, is amended to read:
37.26 Subdivision 1.
Director. A State Lottery is established under the supervision and
37.27control of a director. The director of the State Lottery shall be appointed by the governor
37.28with the advice and consent of the senate. The director serves in the unclassified service at
37.29the pleasure of the governor.
The annual salary rate authorized for the director is equal to
37.3095 percent of the salary rate prescribed for the governor.